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Wednesday 10 June 2020
Man Pleads Guilty and Sentenced for Lying on Passport ApplicationRead the Press Release
NEW ORLEANS – U.S. Attorney Peter Strasser announced June 9, 2020 that VICTOR RAMIREZ, a Mexican national, pleaded guilty to and was sentenced on an indictment for false statements in a passport application in violation of Title 18, United States Code, Section 1542.
According to the indictment, VICTOR RAMIREZ (“RAMIREZ”) made an application for a U.S. passport using information belonging to another individual. It is a crime to lie on a passport application.
RAMIREZ faced a maximum term of imprisonment of ten years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment on the false statement charge. U.S. District Judge Jay Zainey sentenced Ramirez to credit for time served. He has been incarcerated since March 2020. He will be turned over to Federal immigration authorities for deportation.
U.S. Attorney Strasser praised the work of the United States Diplomatic Security Service of the State Department in investigating this matter. Assistant U. S. Attorney Carter K. D. Guice, Jr. is in charge of the prosecution.
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Man Charged with Pointing Laser at Police HelicopterRead the Press Release
Assistant U. S. Attorney John Parmley (619) 546-7957
NEWS RELEASE SUMMARY – June 10, 2020
SAN DIEGO – Rudy Alvarez of Lemon Grove was charged in federal court today with knowingly aiming the beam of a laser pointer at a San Diego Police helicopter as the aircraft flew over protests in the wake of George Floyd’s death in Minneapolis.
According to a federal complaint, the incident occurred at a large demonstration that passed through the area of 500 University Avenue in Hillcrest on June 6 at 8:30 p.m. Two officers from the San Diego Police Department’s Air Support Unit were monitoring the crowd in a marked San Diego Police Department helicopter. The officers reported that one of the demonstrators in the crowd was shining a laser at their aircraft that impeded their ability to safely operate the helicopter.
“Aiming a laser pointer at or near an aircraft could cause distraction or blindness to a pilot and the consequences could be devastating,” said U.S. Attorney Robert Brewer. “We support the Constitutional rights of free speech and assembly, but it is our duty to protect the public and law enforcement from danger.”
“The use of laser pointers upon law enforcement aircraft threatened the safety of the police officers protecting lawful protestors and created a potentially dangerous incident,” said FBI San Diego Acting Special Agent in Charge Omer Meisel. “The FBI is focused on identifying and investigating individuals who commit crimes that threaten the safety of our community and will continue to work with our local partners to pursue federal prosecutions.”
Alvarez was arraigned in federal court today. U.S. Magistrate Judge Daniel E. Butcher set bond at $5,000. The next hearing is scheduled for June 23 at 9 a.m. before Judge Butcher.
The San Diego police officers were able to locate the man who pointed the laser at the helicopter multiple times over the course of an hour as he marched with the protestors in downtown San Diego.
Based on a description of the man pointing the laser, San Diego police detectives located and later identified Rudy Alvarez in the crowd of demonstrators in the vicinity of 600 G Street at approximately 9:45 p.m. One detective noted that Alvarez was wearing the same clothing as described by the officers in the helicopter. Alvarez was arrested without incident.
After his arrest, detectives found a high-powered gray metal laser pointer in Alvarez’s front left pant pocket.
DEFENDANT Case Number 20MJ2212
Rudy Alvarez Age: 24 Lemon Grove
SUMMARY OF CHARGES
Aiming a Laser Pointer at an Aircraft – Title 18, United States Code, Section 39A
Maximum penalty: Five years in prison, $250,000 fine
AGENCY
San Diego Police Department
Federal Bureau of Investigation
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Man Charged with Mail Fraud Committed While Serving Federal Sentence for Previous FraudRead the Press Release
CAMDEN, N.J. – The president of a company providing goods to government agencies was charged today by a federal grand jury with allegedly attempting to defraud businesses in connection with government contracting, U.S. Attorney Craig Carpenito announced.
Keith Fisher Sr., 62, of Philadelphia, Pennsylvania, and Burlington, New Jersey, is charged by indictment with one count of mail fraud. He was previously charged with this conduct in a criminal complaint and also with violating the conditions of his supervised release from a prior conviction. Fisher will be arraigned at a later date.
According to documents filed in this and other cases and statements made in court:
On July 18, 2017, Fisher was sentenced by U.S. District Judge Renée Marie Bumb to 60 months in prison for conspiring to commit mail fraud using various companies he owned and controlled. In that case, Fisher and his companies won bids for U.S. government contracts; subcontracted with victim-businesses to provide goods to the government pursuant to the contracts; collected payments from the government for fulfilling the contracts; and then failed to pay the subcontractor victim-businesses that actually provided the goods.
The fraud scheme charged today involved another company, Atlantic Safety Corp., controlled by Fisher, and began when Fisher was nearing the end of his previous prison sentence. Fisher used Atlantic Safety to bid on federal contracts through Unison Marketplace, a reverse auction online marketplace that enabled government agencies to post requirements for goods. Upon submitting a winning bid, Atlantic Safety was awarded a contract to provide goods to a government agency.
Fisher orchestrated his fraud by using an alias to subcontract with a third-party vendor to provide goods directly to the government agency. Fisher induced the third-party vendor to ship the goods to the government agency on credit by falsely promising to pay the vendor for the goods. Fisher also made false and fraudulent representations to other potential subcontractor vendors about the credit-worthiness and financial status of Atlantic Safety.
The mail fraud count carries a maximum potential penalty of 20 years in prison and a $250,000 fine.
U.S. Attorney Carpenito credited special agents with the U.S. Naval Criminal Investigative Service, Northeast Field Office, under the direction of Acting Special Agent in Charge Timothy Westfall; special agents with the General Services Administration Office of Inspector General, Office of Investigations Mid-Atlantic Division, under the direction of Special Agent in Charge Eric D. Radwick; and special agents with the U.S. Department of State Office of Inspector General, Office of Investigations, Americas, Pacific, and Asia Division, under the direction of Special Agent in Charge Robert J. Smolich, with the investigation leading to today’s indictment.
The government is represented by Assistant U.S. Attorney Jeffrey Bender of the U.S. Attorney’s Office in Camden.
The charge and allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Lowell Man Arrested on Illegal Firearm and Drug ChargesRead the Press Release
BOSTON – A Lowell man was arrested today and charged in connection with advertising the sale of a firearm on Snapchat.
Juan Aparicio, 29, was charged by criminal complaint with one count of being a felon in possession of a firearm and ammunition and one count of possession with intent to distribute cocaine. Aparicio will make an initial appearance before U.S. Magistrate Judge Donald L. Cabell this afternoon.
According to the charging document, on Jan. 6, 2020, police officers executed a search of Aparicio’s residence after viewing Snapchat videos that evening showing Aparicio offering to sell numerous firearms. A loaded assault rifle and cocaine were recovered during the search. Due to previous convictions punishable by more than one year in prison, Aparicio is prohibited from possessing firearms and ammunition.
The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, one year of supervised release and a fine of up to $250,000. The charge of possession with intent to distribute cocaine provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Middlesex County District Attorney Marian T. Ryan; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Lowell Superintendent of Police Raymond Kelly Richardson made the announcement today. Assistant U.S. Attorney Evan Panich of Lelling’s Office is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Louisiana Man Enters Guilty Plea for Health Care FraudRead the Press Release
Defendant fraudulently obtained over $150,000
CHARLESTON, W.Va. – Edward Stephen entered a guilty plea for federal health care fraud, announced United States Attorney Mike Stuart. Stephen, 61, of Baton Rouge, Louisiana, faces up to 10 years of incarceration, a $250,000 fine, and three years of supervised release when he is scheduled to be sentenced on October 28, 2020. He also will be subject to an order of restitution for $151,660.53, with the final determination to be made by the court at sentencing.
“For 12 years Mr. Stephen lied to get federal health insurance for ineligible family members,” United States Attorney Mike Stuart said. “Let this be a clear message, if you are cheating the system we will find you.”
Stephen was a federal employee with the United States Department of Transportation Federal Highway Administration. As a federal employee, he was eligible for health insurance provided by the federal government. Stephen fraudulently enrolled extended family members into his federal health care plan knowing they were not eligible for federal health care benefits. Specifically, Stephen enrolled his sister as though she was his wife and his niece as though she was his stepchild so that they would obtain federal health care coverage they were not entitled to receive. This scheme lasted from 2005 to 2017 and included several years where Stephen resided in and worked in Charleston, West Virginia as a federal employee. When investigators learned of the fraud, Stephen gave a statement to investigators with Department of Transportation Office of Inspector General, in which he admitted that he fraudulently placed his extended family members on his federal insurance knowing they were not entitled to receive benefits. In total, the health insurance company was defrauded out of $151,660.53 in fraudulent premium payments and reimbursements.
Stuart praised the work of the Department of Transportation Office of Inspector General and the Office of Personnel Management Office of Inspector General. The investigation was conducted by members of the United States Attorney’s Healthcare Fraud Abuse, Recovery and Response Team (ARREST), an approach linking civil and criminal enforcement efforts together in a comprehensive attack on the opioid epidemic and healthcare fraud. United States Attorney Mike Stuart announced the formation of ARREST in February 2019. All health care related cases in the Southern District of West Virginia, whether they are the subject of criminal or civil investigation or enforcement, are directed through ARREST. Included within the purview of the team are the Opioid Fraud and Abuse Detection Unit, Affirmative Civil Enforcement Unit, Appalachian Regional Prescription Opioid (ARPO) Strike Force, Medicare and Medicaid fraud, and asset forfeiture efforts related to all health care matters.
United States District Judge Irene C. Berger presided over the plea hearing. Assistant United States Attorney Erik S. Goes handled the prosecution.
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Louisiana Chemical Company Agrees to Pay over $1.9 Million and Company Executives Charged in Investigation of the Unlicensed Distribution and Exportation of Regulated List 1 ChemicalsRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Natural Advantage LLC a/k/a Taste Advantage LLC (“Natural Advantage”), a chemical manufacturer headquartered in Oakdale, Louisiana, entered a deferred prosecution agreement and was charged in a criminal information with the unregistered distribution and exportation of regulated List 1 chemicals. Carol Callahan Byrne, age 65, and Dr. Brian Byrne, age 74, both of Oakdale, Louisiana, also were charged in a criminal information with the failure to report List 1 chemical manufacturing to the Attorney General.
Natural Advantage entered a three-year deferred prosecution agreement, under which the United States has agreed to defer prosecution of the company unless it fails to comply with the terms of the agreement. Pursuant to the deferred prosecution agreement, Natural Advantage has agreed to forfeit $1,938,650.10, which represents the gross revenue of its List 1 chemical sales. The company also has agreed, among other things, to undergo annual audits for List 1 chemical compliance, the results of which will be reported to the United States.
According to United States Attorney David J. Freed, Carol Callahan Byrne served as the Chief Financial Officer and Dr. Brian Byrne served as the Chief Executive Officer of Natural Advantage, a company that manufactured chemicals for customers in the flavor, fragrance, and cosmetics industries. Among the chemicals manufactured by Natural Advantage were Piperonal, Heliotropine, Phenylacetic Acid, Isoamyl Phenylacetate, and Ethyl Phenylacetate, all of which were List 1 chemicals that, in addition to legitimate uses, are also precursor chemicals for manufacturing methamphetamine and ecstasy. List 1 chemicals are subject to extensive regulations, including licensing requirements for distributors and regular reporting to the United States.
As alleged, beginning in approximately January 2011, and continuing until January 2017, Natural Advantage distributed and exported in excess of 1,550 kilograms of List 1 chemicals to customers in the United States and worldwide, without obtaining the requisite registration from the U.S. Drug Enforcement Administration (DEA), and despite being warned by the DEA not to distribute List 1 chemicals. None of the chemicals are alleged to have been diverted to narcotics traffickers.
Company executives are alleged to have known of Natural Advantage’s unlicensed distribution of List 1 chemicals, and of arrangements to use other domestic companies as intermediaries to sell List 1 chemicals to foreign customers who discovered that Natural Advantage was not licensed and refused to purchase the chemicals. Company executives also are alleged to have concealed Natural Advantage’s List 1 chemical activities, including, as alleged against Carol Callahan Byrne and Dr. Brian Byrne, by failing to file annual manufacturing reports with the Attorney General.
“The defendants in this case violated the law when they sold and exported nearly $2 million-worth of precursor chemicals, without following the regulations and procedures designed to ensure that these chemicals do not end up on the black market,” said U.S. Attorney Freed. “As part of our responsibility to help protect the public from dangerous drugs, this office will continue to ensure that companies properly handle List I chemicals.”
“By intentionally evading the regulations in place for List I chemicals, Natural Advantage greatly increased the possibility that these chemicals could end up in the hands of cartels for the production of methamphetamine, ecstasy, and other dangerous and illicit substances,” said Jonathan A. Wilson, Special Agent in Charge of the DEA’s Philadelphia Field Division. “In light of the rise of methamphetamine use in the United States and the damage it causes to our families and our society, DEA will continue to enforce these regulations and seek out these violators.”
The case was investigated by DEA Diversion Investigators. Assistant U.S. Attorney Phillip J. Caraballo, and the Financial Litigation Unit of the U.S. Attorney’s Office are prosecuting the case.
Criminal informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the charge against Natural Advantage is up to five years of probation, and the maximum penalties for the charges against Carol Callahan Byrne and Brian Byrne are up to one year of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Lafayette Man Sentenced to Federal Prison for Transportation of Child PornographyRead the Press Release
LAFAYETTE, La. – United States Attorney David C. Joseph announced that a Lafayette, Louisiana, man was sentenced today by U.S. District Judge Michael J. Juneau, after previously pleading guilty on January 21, 2020, to one count of transportation of child pornography.
Jared Tyler Olivier, 24, was sentenced to 80 months in federal prison, followed by 10 years of supervised release. He will also be required to register as a sex offender upon release.
The investigation began in January 2019 when special agents with the Louisiana Bureau of Investigations (LBI) Internet Crimes Against Children Task Force received a report from the National Center for Missing and Exploited Children (NCMEC) containing information that a Tumblr user had uploaded a file containing an image of a prepubescent male engaging in a sexual act. Agents with U.S. Department of Homeland Security Investigations and LBI executed a lawful search warrant at Olivier’s apartment in April 2019. Olivier admitted to the officers that he was the user of the Tumblr account and that he used it to view images and videos of child pornography.
Following further investigation, agents learned that Olivier had used a Dropbox account to store images and videos of child pornography. After receiving permission from Olivier for agents to access the Dropbox account, they found approximately 39 videos of prepubescent and post pubescent males engaged in various sexual acts. Some of the videos depicted males approximately three years of age. Jared Olivier admitted that he transported child pornography from a computer to his Dropbox account in January and February 2018.
The U.S. Department of Homeland Security Investigations and the Louisiana Attorney General’s Office Cyber Crime Unit investigated the case. Assistant U.S. Attorney Craig R. Bordelon, II prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood combines federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the “resources” tab.
The U.S. Department of Homeland Security and U.S. Immigration & Customs Enforcement (ICE) also encourage the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) 347-2423. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online by visiting their website at www.ice.gov/tipline or through the Operation Predator smartphone application www.ice.gov/predator/smartphone-app. Tips may be submitted anonymously.
Tips may also be submitted through your local law enforcement agency or through the following agencies:
- Leave a tip with the FBI at https://tips.fbi.gov. Tips may be submitted anonymously.
- File a report with NCMEC at 1-800-THE-LOST or online at www.cybertipline.org.
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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.
Knightdale Felon Found with Firearm After Suspected Drug Transaction SentencedRead the Press Release
NEW BERN, N.C. – Naeem Branch, 39, of Knightdale was sentenced today to 70 months in prison for being a felon in possession of a firearm and ammunition.
According to information provided to the court, on March 22, 2018, North Carolina Alcohol Law Enforcement (ALE) agents were conducting surveillance at the Pit Stop II, a convenience store on Capital Boulevard in Raleigh. Agents noticed a car at the back of the parking lot with two occupants who were leaning back in their seats. After ten minutes, a man, later identified as Branch, drove into the parking lot in a blue Sonata and parked beside the car with the two men. Agents watched Branch get in the back seat of the other car and lean forward as the two men leaned back. They appeared to exchange something, and branch immediately left the vehicle, with the total interaction taking approximately 45 seconds. Branch drove away, and believing they had witnessed a drug transaction, the agents conducted an investigatory traffic stop on him.
When agents asked for Branch’s license and registration, they noticed that his hands were shaking and that he seemed unusually nervous. When Branch leaned over to retrieve his registration, the agent saw a digital scale and glassine bag peeking out from Branch’s right jacket pocket. Branch proceeded to twice hand over irrelevant documents as his hands shook uncontrollably.
Agents ordered him from the car and detained him. Searching the car, they found small rocks of suspected crack cocaine on the car floor. And under the driver’s seat, they found a Ruger SR-9 nine millimeter handgun, loaded with sixteen rounds of ball ammunition. Branch could not legally possess firearms or ammunition due to prior felony convictions, including a 2015 conviction for possession of a firearm by a felon and a 2016 conviction for possession of cocaine.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina, made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. Alcohol Law Enforcement and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) investigated the case, and Assistant U.S. Attorney Jake D. Pugh prosecuted the case.
Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:18-cr-000453-FL.
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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.
Jacksonville Man Indicted for Possession of Molotov Cocktail at ProtestRead the Press Release
Jacksonville, Florida– United States Attorney Maria Chapa Lopez announces the return of an indictment charging Ivan Jacob Zecher (27, Jacksonville) with possession of a firearm by a convicted felon and unlawful possession of an unregistered firearm. If convicted, Zecher faces up to 10 years in federal prison on each count. At a hearing on June 10, 2020, U.S. Zecher was ordered detained pending trial.
According to court documents, during a protest in downtown Jacksonville that was related to the death of George Floyd while in police custody in Minneapolis, Minnesota, Zecher was part of a group of protesters blocking traffic and throwing items such as water bottles and rocks at police officers and cars. After refusing orders to disperse, Zecher was arrested by officers from the Jacksonville Sheriff’s Office for unlawful assembly. An officer removed Zecher’s backpack to place him in flexcuffs and noticed a liquid leaking from it. A search of the backpack revealed a liquor bottle that smelled strongly of gasoline, a lighter, and a hatchet. Zecher admitted that he was holding the bottle in his backpack for an associate, and that he knew the bottle contained gasoline. Special Agents from the FBI were on the scene and responded immediately. Preliminary analysis by the Bureau of Alcohol, Tobacco, Firearms and Explosives determined that the bottle – which contained gasoline (a flammable liquid) and polystyrene (a flammable gel), and the cork to which was coated with polystyrene – constituted a “Molotov cocktail,” which is an incendiary bomb and destructive device, and therefore considered a firearm under federal law. As a previously convicted felon, Zecher is prohibited from possessing a firearm.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Jacksonville Sheriff’s Office, the FBI-Jacksonville Joint Terrorism Task Force, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It will be prosecuted by Assistant United States Attorney David B. Mesrobian.
High School Spanish Teacher Pleads Guilty to Traveling to Have Sex with Student and Adderall DistributionRead the Press Release
HUNTINGTON, W.Va. – A former high school Spanish teacher from Huntington, West Virginia pled guilty to traveling across state lines to have sex with one of her students, announced United States Attorney Mike Stuart. Amy Adkins, 30, pled guilty to travel with intent to engage in illicit sexual conduct and distribution of Adderall.
“No teacher should ever behave this way. This isn’t what we expect when a high school student signs up to learn Spanish. Teachers should be role models, not models of despicable behavior. Adkins was supposed to be teaching Spanish – not providing drugs and engaging in sex with them,” United States Attorney Mike Stuart said. “Protecting children is a priority in my office and we will prosecute anyone putting them in harm’s way.”
Adkins admitted that while she was a Spanish teacher at Fairland High School in Proctorville, Ohio during the 2017 to 2018 academic year, she communicated frequently with one of her young male students on social media. This student was under 16 years old at the time. On April 7, 2018, Adkins admits that she drove from her home in Huntington, to Ohio, where she picked up this underage student, and brought him back to Huntington with the intent to engage in illicit sexual conduct with the student. Ultimately, Adkins had sex with the victim that day at her home in Huntington.
In addition to traveling with the intent to engage in illicit sexual conduct, Adkins also admitted that from September 2017 to May 2018 she frequently sold a portion of her Adderall prescription to her friends and acquaintances. Specifically, Adkins admitted that she sold one close friend five pills of Adderall on March 9, 2018. Adderall is a Schedule II controlled substance.
Adkins faces up to eight years in prison when sentenced on September 8, 2020 in Huntington.
The Federal Bureau of Investigation, the West Virginia State Police, and the Lawrence County, Ohio, Department of Job and Family Services conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Kristin F. Scott is handling the prosecution.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Hattiesburg Brothers Sentenced under Project EJECT for Drug Trafficking and Possession of Stolen FirearmsRead the Press Release
Hattiesburg, Miss. – Brothers Victor Smith, 43, and Michael Smith, 42, of Hattiesburg, were sentenced today for possession of marijuana with the intent to distribute and possession of stolen firearms, announced U.S. Attorney Mike Hurst, Special Agent in Charge Kurt Thielhorn with the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Special Agent in Charge Michelle A. Sutphin of the Federal Bureau of Investigation. In a proceeding before Senior U.S. District Court Judge Keith Starrett, Victor Smith was sentenced to 55 months in federal prison and three years of supervised release, while his brother Michael Smith was sentenced to 30 months in federal prison and three years of supervised release.
On August 25, 2016, Hattiesburg Police Department officers, supported by other law enforcement agencies, responded to a call for service at the Southern Village Apartments in Forrest County. Upon arrival, law enforcement was directed to the Smith brothers’ apartment, where they found over half a pound of marijuana bagged for distribution, scales, and five firearms, two of which were stolen.
Victor Smith and Michael Smith were originally indicted for this offense on April 3, 2019. They were both found guilty on Wednesday, February 26, 2020, following a two-day jury trial.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) and Project Guardian. EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
Hattiesburg Police Department, the Bureau of Alcohol Tobacco, Firearms, and Explosives, and the Federal Bureau of Investigation investigated the case. The case was prosecuted by Assistant United States Attorneys Andrew W. Eichner and Erin Chalk.
Hartford Man Sentenced for Selling Heroin, FirearmRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that TYLON CEASAR, 20, of Hartford, was sentenced today by U.S. District Judge Vanessa L. Bryant to 16 months of imprisonment, followed by five years of supervised release, for distributing heroin and illegally selling a firearm.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the sentencing occurred via videoconference.
According to court documents and statements made in court, on five occasions in November and December 2018, law enforcement made five controlled purchases of heroin and crack cocaine from Ceasar in the vicinity of his Putnam Street residence. Some of the purchased heroin contained fentanyl. Ceasar also sold a firearm to a government witness on January 3, 2019.
Ceasar was arrested on criminal complaint on January 17, 2019. Investigators seized a small quantity of crack from Ceasar’s residence at the time of his arrest. After his arrest, Ceasar was released on bond under a condition that he wear a GPS monitoring device.
Ceasar has been detained since August 14, 2019, after, as the government alleges and Judge Bryant today found, he shot at another person and accidently struck an associate on August 13. The state charges against Ceasar stemming from this incident were dismissed.
On November 6, 2019, Ceasar pleaded guilty in federal court to one count of distribution of heroin.
This matter was investigated by the Federal Bureau of Investigation’s Northern Connecticut Gang Task Force and the Hartford Police Department. The Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction. The case is being prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
This prosecution has been brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Hartford Man Pleads Guilty to Fentanyl Distribution and Firearm Possession OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that BRIAN EVANS, 21, of Hartford, pleaded guilty today to fentanyl distribution and firearm possession offenses.
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, in July 2019, after a spate of gun violence in Hartford, the FBI’s Northern Connecticut Gang Task Force, DEA, Hartford Police Department and other law enforcement agencies initiated an investigation targeting gang-related drug distribution and associated violence in north Hartford. On August 7, 2019, investigators made a controlled purchase of fentanyl from Evans.
Evans was arrested on September 13, 2019. On that date, investigators searched his residence and seized a loaded semiautomatic pistol, a loaded handgun with no serial number, and $1,025 in cash.
In May 2014, Evans was convicted in state court of first degree robbery and conspiracy to commit first degree robbery. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
Evans pleaded guilty to one count of possession with intent to distribute, and distribution of fentanyl, an offense that carries a maximum term of imprisonment of 20 years, and one count of possession of a firearm by a convicted felon, an offense that carries a maximum term of imprisonment of 10 years. He is scheduled to be sentenced by U.S. District Judge Jeffrey A. Meyer on September 4, 2020.
Evans has agreed to forfeit the firearms and cash that were seized from him at the time of his arrest.
The FBI’s Northern Connecticut Gang Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
This case is being prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
This prosecution has been brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Gulfport Man Sentenced to 5 Years in Prison for Possession of a Firearm in Furtherance of Drug TraffickingRead the Press Release
Gulfport, Miss – Mims Jacquez Gray III, 22, of Gulfport, was sentenced today by U.S. District Judge Sul Ozerden to 60 months in prison, followed by five years of supervised release, for possession of a firearm in furtherance of drug trafficking, announced U.S. Attorney Mike Hurst and Special Agent Brad L. Byerley with the Drug Enforcement Administration (DEA). Gray was also ordered to pay a $2,500 fine.
On November 2, 2018, Gulfport Police officers stopped Gray for driving with only one headlight. Smelling marijuana, the officers searched the car and found marijuana, scales, 48 dosage units of alprazolam, and a Taurus 9mm hand gun. Gray admitted selling both marijuana and alprazolam.
Gray was charged in a federal criminal indictment and pled guilty before Judge Ozerden on February 19, 2020.
The Drug Enforcement Administration and the Gulfport Police Department investigated the case. It was prosecuted by Assistant United States Attorney Annette Williams.
Grand jury indicts mother and son in drug conspiracyRead the Press Release
COLUMBUS, Ohio – According to a federal indictment filed today, the woman accused of shooting a Columbus police officer during a search warrant on May 28 also allegedly possessed in her home fentanyl, nine firearms, nearly $20,000 in cash, 13 cell phones and multiple magazines of ammunition. An additional firearm was found in her car.
A grand jury charged Rita Gray, 68, of Columbus, in each of the indictment’s six counts.
According to court documents, on May 28, 2020, Gray shot and seriously wounded 53-year-old Columbus Police Officer Russ Weiner while Weiner participated in executing a narcotics-related search warrant at Gray’s residence on Chelford Drive.
Documents detail that agents and officers knocked on the door of the residence and announced their presence. After the knock and announce went unanswered, agents and officers made entry into the residence.
Upon entering the residence, law enforcement executing the warrant took on gunfire from Gray, who was present in the vicinity of an interior hallway. Gray was apprehended shortly thereafter, with two semiautomatic Glock manufactured pistols in close proximity.
In January 2020, state and federal law enforcement began an investigation into suspected drug trafficking involving Rita Gray and her son, Eric Gray, among others. The investigation remains ongoing.
Today’s indictment also charges Eric Gray, 31, with conspiring to possess with intent to distribute fentanyl and methamphetamine. The drug conspiracy is punishable by 10 years up to life in prison.
Rita Gray is charged in the drug conspiracy, and with possessing with the intent to distribute fentanyl, assault of an officer, two counts of discharging a firearm during and in relation to a drug trafficking crime and one count of discharging a firearm during and in relation to a crime of violence. She faces 20 years up to life in prison.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Columbus Police Chief Thomas Quinlan; Jonathan McPherson, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); Bryant Jackson, Special Agent in Charge, Internal Revenue Service – Criminal Investigation (IRS-CI); James Giehl, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Pittsburgh Division; Ohio Attorney General Dave Yost’s Bureau of Criminal Investigation (BCI) and Franklin County Prosecutor Ron O’Brien announced the charges. Assistant United States Attorneys S. Courter Shimeall and Salvador A. Dominguez are representing the United States in this case.
An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.
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Government Contractor Resolves Charges Relating to Fraud on General Services Administration Contract to Modernize State Department BuildingRead the Press Release
Alutiiq International Solutions LLC (AIS), a subsidiary of Afognak Native Corporation (Afognak) and an Alaskan Native Corporation, within the meaning of the Alaska Native Claims Settlement Act, that performs construction work on government contracts, has entered into a non-prosecution agreement (NPA) and has agreed to pay over $1.25 million to resolve the Justice Department’s investigation into a kickback and fraud scheme perpetrated by a former AIS manager on a U.S. Government contract administered by the General Services Administration (GSA), announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.
As part of the NPA, AIS has agreed to pay $1,259,444 in victim compensation payments to the GSA. Under the terms of the NPA, AIS and its parent company, Afognak, have agreed to cooperate with the government’s ongoing investigation and prosecution of individuals, and to report to the department evidence of allegations of violations of U.S. fraud, anti-corruption, procurement integrity, and anti-kickback laws. Afognak and AIS also agreed to enhance their compliance program and internal controls, where necessary and appropriate, to ensure they are designed to detect and deter, among other things, fraud and kickbacks in connection with U.S. federal government contracts.
According to AIS’s admissions contained in the NPA, beginning in or around June 2010, the AIS project manager assigned to a multi-million dollar GSA contract to modernize the Harry S. Truman Federal Building in Washington, D.C., began receiving kickbacks from a subcontractor on the project in exchange for steering work to the subcontractor. These kickbacks initially were paid in the form of meals, vacations, and other things of value but, by 2015, the AIS project manager began demanding cash kickbacks equivalent to 10 percent of the value of contract modifications that were being awarded to the subcontractor. At the same time, the AIS project manager billed the GSA for services purportedly provided by an on-site superintendent when there was no superintendent on site. The AIS project manager’s false and fraudulent billings caused the GSA to pay $568,800 to AIS that it should not have paid. Additionally, when making contract modification requests to the GSA, the AIS project manager illegally inflated the estimated costs that AIS received from its subcontractor, resulting in $690,644 in monies paid by GSA to AIS.
A number of relevant considerations contributed to the department’s criminal resolution with AIS, including that AIS fully and completely cooperated with the investigation from the moment it became aware of the conduct, committed to paying full restitution to compensate for the GSA’s losses and, at the time of the offense conduct, provided its profits from the relevant contracts to Afognak, which uses these profits to support Afognak’s Alaskan Native shareholders, who are members of severely economically disadvantaged villages.
In addition, as soon as AIS and Afognak learned of the misconduct, the companies engaged in extensive remedial measures, including enhancing their compliance program and internal controls by, among other things: revising their policies and procedures to complete the separation of the contract procurement and contract execution functions; conducting annual risk assessments related to government contracting; conducting regular audits of a sampling of all procurement files and reviewing all procurements over certain cost thresholds; introducing additional management controls for prime contracts, subcontracts, and government projects that includes requiring higher levels of management to approve contract awards and budget changes; requiring additional trainings specific to the Anti-Kickback Act, including training quizzes, ethics publications, and additions to the annual Code of Conduct training; and tracking all compliance reports received through a third-party hotline and email accounts.
A federal grand jury in the District of Columbia returned an indictment charging the AIS project manager, Elmer Baker, with conspiracy to violate the Anti-Kickback Act, and four counts of wire fraud, in May 2019. Trial is currently scheduled for Dec. 7, 2020, before U.S. District Court Judge Amy Berman Jackson.
An indictment is merely an allegation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The GSA Office of Inspector General, FBI’s Washington Field Office, and the State Department’s Office of Inspector General are investigating this case. Trial Attorney Vasanth Sridharan of the Criminal Division’s Fraud Section is prosecuting the case. The Army Criminal Investigation Division and the FBI’s Atlanta Field Office provided assistance in connection with the case.
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.
Glendale Man Pleads Guilty to Bank Fraud for Setting up Accounts that Laundered $1.9 Million in Falsely Obtained Tax RefundsRead the Press Release
LOS ANGELES – A Glendale man pleaded guilty today to a federal fraud charge for opening more than a dozen bank accounts, knowing that they would be used to launder fraudulently obtained tax refunds obtained by filing tax returns under stolen identities.
Armen Martirosyan, 62, pleaded guilty to one count of bank fraud. After federal agents interviewed him in connection with this case, Martirosyan fled the United States before he was named in a federal grand jury indictment filed in November 2017. He ultimately was arrested in Colombia and was extradited to the United States in August 2018 to face the criminal charges in this case.
Martirosyan admitted in his plea agreement that in April 2009 he opened a bank account in his name at a Bank of America branch in Glendale, knowing that it would be used to deposit tax refunds that had been fraudulently obtained using stolen identities. The IRS deposited $189,000 in 24 fraudulently obtained tax refunds into that account. Martirosyan signed blank checks from that account, which he then gave to other schemers.
According to the plea agreement, Martirosyan opened 14 other bank accounts that were similarly used in the scheme. He also admitted to using some of the money in those accounts for personal expenditures, including credit card payments, rent and Amazon.com charges.
According to court records, the bank accounts that Martirosyan had opened were used to receive and launder more than $1,866,000 in stolen tax refund proceeds.
In addition, Martirosyan admitted to filing a false federal income tax return for himself for tax year 2012, which falsely reported that he had worked for a national retailer. The false tax return resulted in a fraudulent refund of $9,900.
United States District Judge John F. Walter scheduled an August 24 sentencing hearing, at which time Martirosyan will face a statutory maximum sentence of 30 years in federal prison.
This case is related to an underlying Stolen Identity Refund Fraud (SIRF) scheme that involved conspirators who used false identities and fake Republic of Armenia passports to open hundreds of bank accounts used to launder funds fraudulently received from the IRS. Approximately 20 defendants, including ex-Wells Fargo Bank manager Hakop Zakaryan and Glendale lawyer Arthur S. Charchian, have been charged in that scheme, which involved approximately 7,000 fraudulent tax returns that cumulatively sought about $38 million in refunds. The IRS issued about $14 million in fraudulent refunds. The fraudulent tax returns were filed and the bank accounts were opened with personal identifying information that had been stolen from thousands of victims.
The federal investigation into the SIRF scheme has resulted in 12 convictions, and the seizure of at least five residential properties worth millions of dollars, and more than $700,000 from bank accounts. Four defendants remain fugitives from justice, and one defendant is scheduled to go to trial later this year.
This matter was investigated by IRS Criminal Investigation, the FBI, and Homeland Security Investigations. IRS Criminal Investigation and HSI attachés in Bogota and Columbian law enforcement provided considerable assistance relating to the capture of Martirosyan. The United States Marshals Service assisted in the extradition of Martirosyan.
This case is being prosecuted by Assistant United States Attorney Charles E. Pell of the Santa Ana Branch Office.
Former North Carolina man charged with possessing destructive device for bringing improvised firearm to protestRead the Press Release
Seattle- A former North Carolina man who struck a Seattle Police Officer with a large can and threatened to kill all police, is now charged federally with possession of a destructive device for the improvised gun he brought to a Seattle protest, announced U.S. Attorney Brian T. Moran. DEVINARE ANTWAN PARKER, 25, was arrested Sunday evening, May 31, 2020, after he threw a 16-ounce can of beer through the window of a Seattle Police car, striking an officer in the face. When placed under arrest, PARKER possessed an improvised firearm capable of firing shotgun shells.
“This defendant came to a protest armed with a device that could have proved fatal not only to police, but to peaceful protestors in the area,” said U.S. Attorney Moran. “We will use our federal authority where appropriate to remove such threats from our community, so that people can safely exercise their constitutional right to protest peacefully and honor the memory of George Floyd.”
PARKER is in state custody and will be scheduled for his first appearance in federal court when the state charges are resolved.
According to the criminal complaint, at about 11:30 p.m. on Sunday evening, May 31, 2020, two Seattle Police Officers were driving their marked patrol car north on Third Avenue near Benaroya Hall when PARKER threw a 16-ounce can of Bud Light Ice through the passenger window striking one of the officers in the face. PARKER was placed under arrest for third degree assault. When PARKER was searched, officers found an improvised firearm constructed of two pieces of pipe and a firing pin with a laser pointer/ flashlight attached to the side. PARKER carried several shotgun shells that fit the device.
As he was being arrested PARKER allegedly shouted at the officers that he brought the weapon to the protest to shoot and kill police officers.
The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
Possession of a destructive device is punishable by up to ten years in prison.
The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives.
The case is being prosecuted by Assistant United States Attorney Erin H. Becker.
Former FCI Schuylkill Correctional Officer Charged in Bribe Scheme to Provide Tobacco to InmatesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Paul Taylor, age 53, of Shenandoah, Pennsylvania, a former BOP Correctional Officer at the Federal Correctional Institute Schuylkill (FCI Schuylkill), Schuylkill, Pennsylvania, was charged on June 9, 2020, in a criminal information with bribery and corruption.
According to United States Attorney David J. Freed, the criminal information alleges that between 2011 and 2016, Taylor smuggled tobacco into FCI Schuylkill while employed as a Correctional Officer, and provided the contraband to prisoners in exchange for money.
The investigation was conducted by special agents of the Department of Justice Office of Inspector General and is being prosecuted by Assistant U.S. Attorney Todd K. Hinkley.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 15 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational, and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Corrections Officer Sentenced to One Year and One Day for Wire FraudRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Tony J. Liesenfeld, age 50, of Selinsgrove, Pennsylvania, was sentenced on June 8, 2020, by U.S. District Court Judge Matthew W. Brann to a term of imprisonment of one year and one day for wire fraud.
According to United States Attorney David J. Freed, Liesenfeld pleaded guilty and admitted that between June 11, 2001 and November 25, 2015, he embezzled over $77,000 from American Federation of Government Employees Local 148. At the time, Liesenfeld was a correctional officer at Lewisburg Federal Penitentiary and conducted his fraudulent scheme while serving as the union’s treasurer and then president. Liesenfeld allegedly used a union credit card to make unauthorized purchases and cash withdrawals, and forged checks from a union account to the same ends.
Liesenfeld was ordered to pay $100,000 in restitution and will serve two years of supervised release after his prison term.
The case was investigated by the U.S. Department of Labor Office of Labor-Management Standards and is being prosecuted by Assistant U.S. Attorney Sean A. Camoni.
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Federal Grand Jury Returns Indictment Charging Illinois Man with Arson, RiotRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal indictment charging MATTHEW LEE RUPERT, 28, with civil disorder, rioting, and arson. RUPERT, who was initially charged in a federal criminal complaint on June 1, 2020, will be arraigned before a Magistrate Judge in U.S. District Court at a later date. RUPERT has been ordered to remain in detention pending further proceedings.
According to the allegations in the indictment and documents filed in court, on May 28, 2020, RUPERT posted messages on his Facebook account referencing the public protests occurring in the Twin Cities following the death of George Floyd, including one that stated, “I’m going to Minneapolis tomorrow who coming only goons I’m renting hotel rooms.” On May 29, 2020, RUPERT posted a self-recorded cell phone video to his Facebook account indicating that he was in Minneapolis, Minnesota. In the video, RUPERT can be seen passing out explosive devices he possessed, encouraging others to throw his explosives at law enforcement officers, actively damaging property, appearing to light a fire in a building and looting businesses in Minneapolis.
According to the allegations in the indictment and documents filed in court, in the video, RUPERT stated, “They got SWAT trucks up there . . . I’ve got some bombs if some of you all want to throw them back . . . bomb them back . . . here I got some more . . . light it and throw it.” RUPERT makes these statements as he hands out an item with brown casing and a green wick to other individuals. The video also depicts RUPERT asking for lighter fluid before entering a Sprint store, followed by his statement, “I lit it on fire.” RUPERT then goes to a nearby Office Depot and states, “I’m going in to get [expletive].” RUPERT can be seen taking items from the store.
According to the allegations in the indictment and documents filed in court, on May 30, 2020, RUPERT posted messages on his Facebook account stating that he was headed to Chicago, Illinois. Specifically, RUPERT stated, “comr [sic] with bro Chicago let’s go” and “We will be back bro we can loot til 2:30.” In the early morning hours of May 31, 2020, RUPERT posted multiple videos to his Facebook account showing him in and around the Chicago area. RUPERT can be heard saying “let’s start a riot” and “I’m going to start doing some damage.” At approximately 2:21 a.m., Chicago police officers arrested RUPERT and his associates for violating the City of Chicago’s emergency curfew order. Law enforcement officers searched RUPERT’S vehicle and recovered several explosive devices, a hammer, a heavy-duty flashlight, and cash.
The FBI and ATF urge the public to report suspected arson, use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information specifically related to business fires in the Twin Cities can call 1-888-ATF-TIPS (1-888-283-8477), email [email protected] or submit information anonymously via ReportIt.com. In addition to fires, the FBI is looking for people who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALLFBI (800-225-5324) or visit tips.fbi.gov.
This case is the result of an investigation conducted by the FBI Minneapolis Field Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with assistance from the FBI Chicago Field Office, the FBI Springfield Field Office, and the Chicago Police Department.
This case is being prosecuted by Assistant U.S. Attorneys Angela M. Munoz and Jordan L. Sing.
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defendant Information:
MATTHEW LEE RUPERT, 28
Galesburg, Ill.
Charges:
- Civil disorder, 1 count
- Organize, promote, encourage, participate in, or carry on a riot, 1 count
- Arson, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Department of Justice Files Friend-of-the-Court Brief in Support of Free Speech Challenge to California's COVID-19 Ban on In-Person Political ProtestsRead the Press Release
The Department of Justice today filed a friend-of-the-court brief in the U.S. Court of Appeals for the Ninth Circuit in support of a lawsuit by plaintiffs Ron Givens and Christine Bish, two individuals seeking to hold peaceful in-person protests of 500 to 1,000 people with social distancing on the grounds of the California State Capitol Building.
In its friend-of-the-court brief in the Ninth Circuit, the United States explains that the district court wrongly denied plaintiffs’ request for injunctive relief against California’s total ban on peaceful protests. While States have broad authority to protect the public during the COVID-19 pandemic, the First Amendment does not give them carte blanche to ban peaceful public protests and rallies. The brief also explains that the real and legitimate national outcry over George Floyd’s tragic killing has shown the importance of peaceful public protests to maintaining our civic fabric—and has highlighted the extreme nature of a blanket protest ban in California. Going forward, it could raise First Amendment concerns if California were to hold other protests, such as those proposed by the plaintiffs in this lawsuit, to a different standard.
“Political speech in traditional public gathering spaces is at the core of the First Amendment’s protection of speech and assembly,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Moments of national trial reinforce the importance of the right of the people peaceably to speak and assemble. For more than two centuries, the First Amendment has endured, and it has helped preserve the United States of America as a beacon of hope and liberty for our people and for oppressed people all over the world. The right to protest government peacefully is at the heart of who we are as a people. Today’s filing by the Justice Department makes clear that the First Amendment right to freedom of speech and the rest of the Bill of Rights' protections remain in full force and effect at all times.”
“Now more than ever, Americans are exercising their First Amendment right to peacefully protest, and this fundamental right must be upheld even during times of national emergency,” said Matthew Schneider, U.S. Attorney for the Eastern District of Michigan, who, with Assistant Attorney General Dreiband, is overseeing the Justice Department’s effort to monitor state and local policies relating to the COVID-19 pandemic.
The friend-of-the-court brief is part of Attorney General William P. Barr’s April 27, 2020 initiative directing Assistant Attorney General Eric Dreiband for the Civil Rights Division and the U.S. Attorney for the Eastern District of Michigan, Matthew Schneider, to review state and local policies to ensure that civil liberties are protected during the COVID-19 pandemic.
Givens is a firearms instructor and the director of training at the Sacramento Gun Club. He has been seeking to hold a protest on the California State Capitol Building grounds objecting to the State’s delay, purportedly due to the COVID-19 outbreak, in conducting background checks for gun purchasers. Bish is a resident of Sacramento County and is a candidate for the U.S. House of Representatives in the November 2020 general election who also wishes to organize a protest relating to the State’s response to the outbreak on the California State Capitol grounds.
On March 19, 2020, in response to the COVID-19 pandemic, California Governor Gavin Newsom issued an executive order, which requires “all individuals living in the State of California to stay at home or at their place of residence except as needed to maintain continuity of operations” in various “critical infrastructure sectors.” The executive order further requires Californians to “heed the State public health directives from the Department of Public Health.” At the time plaintiffs filed their complaint, those directives banned “until further notice” all public gatherings of any size in any “indoor or outdoor” space, and applied to “all non-essential professional, social, and community gatherings regardless of their sponsor.” Violations of the executive order are subject to criminal penalties. Neither the executive order nor the directives in place when plaintiffs filed their complaint made any exceptions for First Amendment activities, such as peaceful protest. Thus in California, all gatherings of any size protesting government action were banned.
Following the executive order, the California Highway Patrol denied Givens’ and Bish’s applications for a permit to protest, even though they planned to practice social distancing and to require protesters to wear masks. In their lawsuit, plaintiffs argued that the grounds of the California State Capitol Building “are the most important and widely used public forum in California” and have been the site of “[c]ountless watershed protests.” They claimed that California’s actions “amount[ed] to a total ban on public gatherings for the purpose of engaging in First Amendment [conduct] by means of demonstrations, rallies, or protests, regardless of the measures taken to reduce or eliminate the risk of the [COVID-19] virus spreading.”
Plaintiffs sought injunctive relief, which the district court denied on the ground that California’s “total ban on public demonstrations” is consistent with the First Amendment. On May 17, 2020, plaintiffs appealed the district court’s order to the Ninth Circuit.
Since the filing of plaintiffs’ appeal, California has announced new guidelines for political protest that, in relevant part, allow socially distant protests of a maximum of 100 attendees or 25% of the relevant area’s maximum occupancy, whichever is lower. According to California, “[t]his limitation on attendance will be reviewed at least once every 21 days, beginning May 25, 2020,” to “assess the impacts of these imposed limits on public health and provide further direction as part of a phased-in restoration of gatherings that implicate the First Amendment.” Plaintiffs, who are seeking to hold protests of 500 to 1,000 attendees, are continuing to challenge California’s revised orders.
The federal case on appeal is Givens, et al. v. Newsom, et al., No. 20-15949 (9th Cir.).
Covington County Felon Pleads Guilty under Project EJECT to Illegally Possessing FirearmRead the Press Release
Hattiesburg, Miss. – Alexander Knight, 32, of Seminary, pled guilty today before Senior U.S. District Court Judge Keith Starrett to being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Michelle A. Sutphin of the Federal Bureau of Investigation in Mississippi.
On November 19, 2019, during the execution of an arrest warrant for Knight, Covington County Sheriff’s deputies and members of the U.S. Marshal’s Gulf Coast Regional Fugitive Task Force found a firearm on Knight’s person. Following his arrest, but before the execution of the warrant associated with his federal indictment, Knight also managed to escape the Covington County Jail with two other inmates. He remained at large for more than two weeks before being recaptured and transferred into federal custody.
Knight was originally indicted for this offense on January 29, 2020. He will be sentenced on September 23, 2020 at 10:00 a.m.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) and Project Guardian. EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
Covington County Sheriff’s Department and the Federal Bureau of Investigation investigated the case. The case is being prosecuted by Assistant United States Attorney Andrew W. Eichner.
Cortez Man Sentenced to Federal Prison for Damaging Archeological Resources in the Canyons of the Ancients National MonumentRead the Press Release
DURANGO – United States Attorney Jason R. Dunn today announced that Lonnie Shadrick Winbourn, age 57, of Cortez, Colorado, was sentenced to serve over a year in federal prison (12 months and one day), for violating the Archeological Resources Protection Act (“ARPA”) in the Canyons of the Ancients National Monument. Winbourn appeared at the sentencing hearing in custody and was remanded at its conclusion. The U.S. Bureau of Land Management joined in today’s announcement.
According to court documents, as well as facts presented during sentencing, Winbourn made several trips into a portion of the Canyons of the Ancients National Monument, near Cortez, Colorado, in May and June 2017. During these trips, Winbourn located an Ancestral Puebloan ceremonial site with a large dance plaza, a likely subterranean kiva, and multiple human burials. Winbourn illegally excavated, removed, damaged, and altered the site. On June 4, 2017, Winbourn was pulled over and subsequently arrested on an unrelated warrant. During the arrest, a Bureau of Land Management Ranger identified pottery shards in Winbourn’s pocket. Winbourn admitted to the Ranger that he had additional artifacts in his backpack. In total, law enforcement discovered sixty-four items from the Ancestral Puebloan Period in his possession, including jewelry, an axe head, and other tools. Archeologists working in the Canyons of the Ancients National Monument have restored the original site and curated the stolen objects.
“Archeological resources at the Canyons of the Ancients are irreplaceable cultural artifacts that have been entrusted to the common good,” said U.S. Attorney Jason Dunn. “Anyone who seeks to destroy or profit off of these resources will face prosecution and serious consequences.”
“We as a society must recognize the importance of respecting all cultures; including those artifacts representing cultural resources of Native Americans. The protection of Native American cultural resources continues to be a matter central to law enforcement officers and special agents of the U.S. Bureau of Land Management,” said Assistant Special Agent-in-Charge Randall Carpenter, U.S. Bureau of Land Management, Office of Law Enforcement.
Canyons of the Ancients National Monument is located west of Cortez, Colorado and is public land administered by the Bureau of Land Management. It contains the highest known archeological site density in the United States, with rich, well-preserved evidence of native cultures, to include the Ancestral Puebloan culture.
Winbourn was indicted by a federal grand jury on December 6, 2019. The sentence was pronounced by U.S. District Court Judge Robert E. Blackburn.
This case was investigated by the Bureau of Land Management. The defendant was prosecuted by Assistant U.S. Attorney Jeff Graves.
Complaint Unsealed Charging Man with Distribution of Heroin, Possession, Distribution of Child PornographyRead the Press Release
SALT LAKE CITY – A federal complaint unsealed recently charges Andrew T. Whitehouse, age 25, of Tooele with distribution of heroin in a case where a Tooele resident, identified as J.B. in the complaint, died from a drug overdose.
According to the complaint, on Oct. 7, 2018, officers from the Tooele City Police Department responded to a residence on a call for a male who was unconscious and not breathing. The father of the victim believed he had overdosed on drugs. Officers and emergency technicians were not able to revive him.
Officers recovered a used syringe in the bathroom sink with what appeared to be heroin residue. They also found a needle mark on J.B.’s wrist. A small baggie, commonly used to store user amounts of heroin, and a digital scale were found. They also found the victim’s cell phone.
A medical examiner later determined the victim died of “mixed drug and alcohol intoxication.” The drugs included heroin metabolites (morphine and 6-monoacetylmorphine) and a by-product of heroin production (codeine).
The phone contained a text message conversation between the victim and a person identified as “Andrew” that started in the early hours of Oct. 7, 2018, with the victim asking Andrew for narcotics at 2:33 a.m. The conversation continued – with 34 messages between the victim and Whitehouse’s phone until about 4:30 a.m. There were also 11 calls back and forth.
The victim’s body was discovered about 7:15 a.m.
According to the complaint, Whitehouse told investigators when he arrived at the victim’s home, the victim only had $13. Whitehouse claimed the victim went back inside his home to find more money. While the victim was in the home, Whitehouse said he divided the heroin into a smaller amount to sell the victim $13 worth of heroin. Whitehouse claims that when victim returned without any more money, he decided to leave without selling the heroin, according to the complaint. Whitehouse claimed that at about 4:30 a.m., he told the victim to buy heroin from someone else. The victim’s phone, however, indicates he had no further contact with anyone that morning.
Whitehouse is also charged with one count of possession of child pornography and one count of distribution of child pornography in the complaint.
In June 2019, a victim disclosed to law enforcement that she had received communications from a stranger who sent her a photo of herself naked from the waist up, identified her last name, and other personal information. The individual stated that he obtained the photograph from a website. According to the complaint, the picture of the victim was posted to the website in April 2019 with the caption, “more pictures where that came from.”
The victim recognized the photo as one of several photographs taken of her engaged in sexual activity that she had sent to Whitehouse during 2012 when she was 15 years old. According to the complaint, the victim said Whitehouse knew her age at the time and asked her to pose in sexually explicit positions. The victim said she sent Whitehouse more than 50 pictures.
According to the complaint, in July 2019, law enforcement officers executed a search warrant at Whitehouse’s residence. A forensic review of the digital media seized from the house uncovered the photograph that the victim had been sent by the stranger. Investigators also found other photos of the 15-year-old victim.
The maximum potential sentence for distribution of heroin is 20 years in prison. If the defendant is convicted of that charge, federal prosecutors could seek an enhancement at sentencing for the victim’s death. Distribution of child pornography has a potential maximum sentence of 20 years in prison with a five-year minimum mandatory sentence. Possession of child pornography is up to 10 years. Whitehouse is in custody.
A complaint is not a finding of guilt. Defendants charged in a complaint are presumed innocent unless or until proven guilty in court.
Prosecutors in the Utah U.S. Attorney’s Office are prosecuting the case. Special agents and task force officers with the DEA are investigating the case, with assistance from the Tooele City Police Department.
Cocaine Supplier Pleads Guilty to Drug Trafficking in Hampton RoadsRead the Press Release
NORFOLK, Va. – A North Carolina man pleaded guilty today for his role in a cocaine-trafficking conspiracy targeting Virginia communities.
According to court documents, Razagin Kaseen Lee, 46, of Elizabeth City, was the North Carolina-based cocaine source of supply for the family-run Jones Drug-Trafficking Organization based in Portsmouth. The organization’s leader, Malcolm Jones, Sr., was recently sentenced to 24 years in prison for his part in the conspiracy, and co-conspirators Corey Jones, Dominic Jones, Raewkon Pierce, and Malcolm Jones, Jr., have all pleaded guilty and are scheduled to be sentenced next month.
Lee participated in this conspiracy for almost four years before he was caught. In September 2019, law enforcement officers searched his Elizabeth City residence and recovered more than 3.2 kilograms of cocaine, two 9mm handguns, more than $213,000 in cash, and two luxury vehicles, all of which are subject to forfeiture.
Lee pleaded guilty to conspiring to distribute and possess with intent to distribute five kilograms or more of cocaine. Lee faces a mandatory minimum of 10 years and a maximum penalty of life in prison when sentenced on September 16. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division; Colonel Gary T. Settle, Superintendent of Virginia State Police; Col. K.L. Wright, Chief of Chesapeake Police; Larry D. Boone, Chief of Norfolk Police; Eddie M. Buffaloe, Jr., Chief of Elizabeth City Police; and Tommy Wooten II, Pasquotank County Sheriff, made the announcement after U.S. District Judge Raymond A. Jackson accepted the plea. Assistant U.S. Attorney William B. Jackson is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:20-cr-15.
Cleveland man sentenced to 10 years for role in armed bank robberyRead the Press Release
Justin E. Herdman, U.S. Attorney for the Northern District of Ohio, announced today that Joseph Kyle Sanders, age 20, of Cleveland, was sentenced to 128 months imprisonment after being found guilty of armed bank robbery and brandishing a firearm during a crime of violence.
According to court documents filed for this case, on June 1, 2018, Sanders entered a Citizen’s Bank in Richmond Heights and threatened to shoot multiple bank employees in the head. Sanders produced a plastic bag and demanded the employees fill it with money. Approximately $14,000 was stolen from the bank. Once the bag was filled, Sanders fled and ran through a parking lot when a dye pack exploded, causing him to drop the bag. An investigation revealed that Sanders and I’ziah Clark, age, 21, of Cleveland, worked together to aid and abet one another in order to execute the bank robbery.
I’ziah Clark previously plead guilty in this matter to one count of armed bank robbery and was sentenced to 68 months in prison in May 2020.
Sanders was found guilty of a similar offense committed on June 12, 2018, just twelve days after the Citizen’s Bank robbery. In that case, a firearm was also used in the commission of a robbery at a LoanMax in Cleveland Heights.
This case was investigated by the Cleveland Division of the FBI and the Richmond Heights Police Department. This case was prosecuted by Assistant U.S. Attorney Scott Zarzycki and Assistant U.S. Attorney Katheryn Andrachik.
Clearwater Pair Indicted for Distributing Fentanyl, Causing Serious Bodily InjuryRead the Press Release
Tampa, FL – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Courtney Michaelis (37, Clearwater) and Nicholas Ham (21, Clearwater) with distributing fentanyl resulting in serious bodily injury to an individual. Michaelis is also charged with conspiring to distribute fentanyl and heroin, as well as possessing a mixture containing fentanyl and heroin with the intent to distribute it. If convicted on all counts, Michaelis and Ham each face a minimum mandatory penalty of 20 years, and up to life, in federal prison. The indictment also notifies Michaelis and Ham that the United States intends to forfeit any property either used to facilitate the offenses or obtained as a result of them.
According to the
indictment , from at least September 18 through November 21, 2019, Michaelis engaged in a conspiracy with others to distribute controlled substances, specifically fentanyl and heroin. On September 18, 2019, Michaelis and Ham worked together to distribute fentanyl to an individual. When the individual used the fentanyl, the individual overdosed, suffering a serious bodily injury. On November 21, 2019, Michaelis was found in possession of a mixture containing fentanyl and heroin, which she had intended to distribute.An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration and the United States Secret Service. It will be prosecuted by Assistant United States Attorney Michael M. Gordon.
Charleston Man Sentenced to 130 Months in Prison for Federal Drug and Gun CrimesRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced to federal prison for drug and gun crimes, announced United States Attorney Mike Stuart. Lawrence Moles II, 36, was sentenced to 130 months in prison and five years of supervised release for possession with intent to distribute 50 grams or more of methamphetamine and possession of a firearm in furtherance of drug trafficking.
“Drugs and guns…what a dangerous combination and a dangerous situation for the people of West Virginia,” United States Attorney Mike Stuart said. “Charleston is safer having this man in prison.”
Moles previously admitted that on December 14, 2018, detectives with the Metropolitan Drug Enforcement Network Team (MDENT) executed a search warrant at his residence and recovered a Glock, model 21, .45 caliber pistol in his bedroom, as well as 102 grams of methamphetamine, a Springfield, model XD-45, .45 caliber pistol, and a Bryco, model Jennings Nine, 9mm caliber pistol from a safe in his kitchen. The safe also contained digital scales and alleged drug packaging. Moles admitted the methamphetamine was possessed to be distributed and he received a sentencing enhancement because he was using his residence to store the methamphetamine. Moles had previously been convicted on January 20, 2017, in the Circuit Court of Kanawha County for receiving a stolen vehicle.
The Metropolitan Drug Enforcement Network Team conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Former Assistant United States Attorney Ryan Saunders and Assistant United States Attorney Nowles Heinrich handled the prosecution.
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Charleston Man Sentenced for Involvement in Akron to West Virginia Meth ConspiracyRead the Press Release
HUNTINGTON W.Va. – A Charleston man who participated in a conspiracy that involved large quantities of methamphetamine which were transported from Akron, Ohio and sold in West Virginia was sentenced today to 30 months in federal prison, announced United States Attorney Mike Stuart. Bruce David Angeli, 58, previously pled guilty to conspiracy to distribute 50 grams or more of methamphetamine.
“Another drug dealer is off the streets,” United States Attorney Mike Stuart said. “I commend the collaborative, multi-jurisdictional law enforcement effort that brought an end to this meth trafficking conspiracy.”
Angeli admitted that between May and June of 2019, he participated with multiple individuals to distribute methamphetamine in the Southern District of West Virginia. During the conspiracy, Angeli frequently obtained quantities of methamphetamine which were transported by other co-conspirators from Akron, Ohio to be sold in multiple cities in West Virginia including Huntington and Charleston. Once Angeli was supplied with the methamphetamine, he would distribute it to other individuals in various amounts. As part of his plea agreement, Angeli admitted that he was responsible for distributing up to 200 grams of methamphetamine.
This joint investigation was spearheaded by the Federal Bureau of Investigation (FBI). Other agencies which participated and assisted in the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Unit, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department, and the Brecksville, Ohio Police Department. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. Adams handled the prosecution.
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Catskill Sex Offender Admits Failing to RegisterRead the Press Release
ALBANY, NEW YORK – Ricky J. Bilyou, age 28, of Catskill, New York, pled guilty today to failing to register as a sex offender.
The announcement was made by United States Attorney Grant C. Jaquith and United States Marshal David McNulty.
Bilyou was convicted of child exploitation, in Clinton County, Indiana, in 2016.
In pleading guilty today, Bilyou admitted that he was residing in Indiana in May 2019, when he traveled to Colorado. After staying briefly in Colorado, in late September 2019, he took Amtrak trains from Colorado, to Chicago, Illinois, and finally to the Albany-Rensselaer station. He then began residing in Catskill, up until his arrest on March 18, 2020. Bilyou knew that he was required to register as a sex offender in New York, and failed to do so.
Bilyou faces up to 10 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life, when he is sentenced by United States District Judge Mae A. D’Agostino on October 14, 2020. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the U.S. Marshals New York/New Jersey Regional Fugitive Task Force, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Assistant Attorney General Benczkowski Announces Departure from Criminal DivisionRead the Press Release
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division announced his departure from the department today, effective as of July 3, 2020.
“Brian has served the Department with distinction,” said Attorney General William P. Barr. “This was his sixth senior leadership role at Justice, and the entire Department benefitted from his managerial expertise, institutional knowledge, and sound judgment. In addition to his able handling of some of the most complex white-collar investigations the Department has ever conducted, one of his greatest contributions to the country were his efforts combatting the nation’s opioid crisis. His decision to use data analytics changed our approach and undoubtedly saved many lives. That is just one example of the many ways Brian innovatively approached today’s law enforcement challenges to make a lasting impact. I am deeply appreciative for his service to the Department and our nation.”
“It truly has been the honor of my professional career to serve at the department once again, and to lead the men and women of the Criminal Division,” Assistant Attorney General Benczkowski said. “Their work ethic and steadfast commitment to the cause of justice, the rule of law, and vindicating the rights of victims, have inspired me every day.”
During Benczkowski’s tenure as Assistant Attorney General, the Criminal Division has placed a renewed emphasis on exploring the use of data analytics in targeting for criminal investigations and prosecutions. The division has expanded its in-house data analytics support team and made critical investments in data analytics to help ensure that prosecutors are fully leveraging the use of data and statistics to build cases.
In October 2018, the division announced the formation of the Appalachian Regional Prescription Opioid (ARPO) Strike Force, which combines data analytics with traditional law enforcement tools to effectively and efficiently prosecute medical professionals and others involved in the illegal prescription and distribution of opioids in the Appalachian region. The Strike Force, which currently includes 10 U.S. Attorney’s Office Districts, coordinated takedowns in April and September 2019, resulting in charges against 73 defendants, including 64 licensed medical professionals and 48 prescribers, who were involved the alleged illegal distribution of 50 million controlled substance pills. To date, 27 defendants have pled guilty, and one defendant has been convicted after trial.
The division is also using data analytics as part of an initiative announced in 2018 to investigate and prosecute manipulation of the commodities futures markets by traders injecting orders – that the trader intends to cancel – designed to trick market participants into trading at inaccurate price points. Our efforts have resulted in numerous guilty pleas of individual traders, as well as a June 2019 NPA with Merrill Lynch Commodities Inc.; a November 2019 deferred prosecution agreement (DPA) with Tower Research Capital, a New York-based financial services firm; and a January 2020 DPA with Propex Derivatives, an Australia-based trading firm, each of which also settled with the Commodity Futures Trading Commission in parallel proceedings.
With the ongoing COVID-19 pandemic, the division has turned to its expertise using data analytics to help facilitate investigating individuals and businesses who make false statements to defraud the government – and in some instances, banks – to receive stimulus payments from CARES Act programs, with a particular focus on fraud relating to the Paycheck Protection Program (PPP). To date, the division has charged PPP fraud in six cases against seven defendants. The division has also conducted outreach to agencies implementing and overseeing CARES Act funds to assist in developing application forms, draft reporting requirements, and advise on protocols that will facilitate future investigation.
Throughout Benczkowski’s tenure, the division has announced an array of policies and guidance geared towards promoting transparency in white-collar enforcement, including: (1) the division’s “Evaluation of Corporate Compliance Program” Guidance, (2) the division’s Monitorship Memo, (3) the Department’s Inability to Pay Guidance, (4) revisions to the Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy (CEP), and (5) the FCPA Unit’s publication of CEP declination letters online. Driving these efforts has been the view that greater transparency in how prosecutors apply standards and criteria to cases will make investigations more efficient and outcomes fairer and more consistent.
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.
Asheville Federal Prosecutor Selected as Buncombe County Bar Distinguished Young LawyerRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Andrew Murray announced today that Assistant United States Attorney (AUSA) Caroline McLean, of the United States Attorney’s Office for the Western District of North Carolina, was selected as Buncombe County Bar Distinguished Young Lawyer for her contributions to the legal profession and the community as a member of the Bar. The announcement was made at the Buncombe Bar Annual Meeting on June 10, 2020.
AUSA McLean serves in the Civil Division of the Asheville U.S. Attorney’s Office. She is responsible for affirmative civil litigation on behalf of the United States, and defending the United States and federal agencies in a wide range of cases in federal and state court.
In making today’s announcement, U.S. Attorney Murray said, “AUSA McLean has exemplified the highest level of achievement as an attorney representing the United States, federal agencies, and federal employees. She has handled difficult and challenging cases, and has demonstrated exemplary legal skill and professionalism while obtaining impressive results in a wide range of cases, including medical malpractice, employment discrimination, tax, and affirmative civil enforcement cases.”
AUSA McLean joined the U.S. Attorney’s Office in 2018. Beyond her career in public service, AUSA McLean has contributed to the community through active participation in the Harry C. Martin Inns of Court in Asheville, an organization that promotes professionalism through mentoring and fostering collegiality within the legal profession. She also serves as a member of the Executive Board for the YMCA of Western North Carolina, a leading nonprofit committed to strengthening community through youth development, healthy living and social responsibility.
Prior to joining the United States Attorney’s Office, AUSA McLean was a litigation attorney with Ward and Smith, P.A., where she handled complex commercial and business litigation in state and federal courts. Prior to that, she served as a law clerk for the Honorable Louise W. Flanagan of the United States District Court for the Eastern District of North Carolina (USDC-EDNC). She also served as an extern for the Honorable W. Earl Britt of the USDC-EDNC, and also as an extern for the Honorable Graham C. Mullen of the United States District Court for the Western District of North Carolina.
A native of Charlotte, AUSA McLean graduated from Myers Park High School. She was selected to attend the University of Virginia (UVA) as a Jefferson Scholar. Following her graduation with distinction from UVA, AUSA McLean graduated from the University of North Carolina School of Law with High Honors, where she served as an Articles Editor on the Law Review, and was inducted into the Order of the Coif, an honorable society limited to those that graduate in the top ten percent of their class.
Tuesday 9 June 2020
Yuba County Man Pleads Guilty to Possession of Child PornographyRead the Press Release
SACRAMENTO, Calif. — John Maasen, 65, of Olivehurst, pleaded guilty today to possession of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, on Jan. 16, 2019, Maasen knowingly possessed visual depictions of minors engaged in sexually explicit conduct. Maasen has a prior conviction by the State of California for lewd and lascivious acts on a child under the age of fourteen.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Shea J. Kenny and Amy S. Hitchcock are prosecuting the case.
Maasen is scheduled to be sentenced by U.S. District Judge John A. Mendez on Sept. 15. Maasen faces a minimum statutory penalty of 10 years in prison and a maximum penalty of 20 years in prison, as well as a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Worcester Man Pleads Guilty to Wildlife SmugglingRead the Press Release
BOSTON – A Worcester man pleaded guilty yesterday in connection with unlawfully importing and exporting salamander and turtle species.
Nathan Boss, 27, pleaded guilty to two counts of smuggling wildlife into the United States, two counts of smuggling wildlife out of the United States, and making a false statement to a federal agent. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Sept. 24, 2020. Boss was arrested and charged by criminal complaint in October 2019 and indicted in November 2019.
The investigation began in 2017 when Boss lied to federal investigators about the identity of a recipient of wildlife illegally imported into the United States. Subsequently, federal investigators intercepted an inbound U.S. Postal Service package from Hong Kong that was addressed to “Shelton Boss” at an address on Mildred Avenue in Worcester. The package was found to contain four black-breasted leaf turtles (Geoemyda spengleri), a species included in the Convention for Trade in Endangered Species and Wild Fauna, an international agreement joined by the U.S. that governs the importation of designated wildlife. Specifically, any black-breasted leaf turtle imported into the United States must be declared and approved by Fish and Wildlife Service before any shipment can be received.
Boss was also found to have illegally imported an injurious species of salamander which can carry a fungal disease and is prohibited from importation into the United States. Further investigation revealed that, on multiple occasions, Boss illegally exported undeclared wildlife destined for locations in Hong Kong and Sweden.
The charges provide for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Ryan Noel, Special Agent in Charge, of the U.S. Fish and Wildlife Service, Office of Law Enforcement made the announcement. Assistance with the investigation was provided by the U.S. Postal Inspection Service, U.S. Customs and Border Protection, Massachusetts Environmental Police and the Massachusetts Division of Fisheries and Wildlife. Assistant U.S. Attorney Nadine Pellegrini of Lelling’s Criminal Division is prosecuting the case.
Woman from Oglala, SD Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that an Oglala, South Dakota, woman convicted of Assault Resulting in Serious Bodily Injury was sentenced by Jeffrey L. Viken, U.S. District Judge.
Essence Belt, age 37, was sentenced on June 1, 2020, to 5 years of probation, ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $4,000 in restitution.
Belt was indicted by a federal grand jury in February 2019. Belt consumed an excessive amount of alcohol and attempted to drive to Oelrichs to acquire additional beer. Due to alcohol consumption, Belt lost control of the vehicle she was driving and crashed shortly after 9:00 a.m. on December 12, 2018. Crash data revealed that Belt was driving 85 miles per hour in a residential area, with a posted speed limit of 25 miles per hour, 5 seconds prior to the crash. The passenger in the front seat was ejected approximately 100 feet from the vehicle and is now a quadriplegic. The back seat passenger was partially ejected and sustained a hip injury. Belt also sustained serious injuries requiring hospitalization.
This case was investigated by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Wagner Man Sentenced for Threatening CommunicationsRead the Press Release
United States Attorney Ron Parsons announced that a Wagner, South Dakota, man convicted of Threatening Communications was sentenced on June 8, 2020, by U.S. District Judge Karen E. Schreier.
Kyle Gullikson, age 29, was sentenced to time served, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Gullikson was indicted by a federal grand jury on December 3, 2019. He pled guilty on March 24, 2020.
The conviction stemmed from an incident on or about November 5, 2019, when Gullikson knowingly and willfully transmitted threatening messages on Facebook.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Veblen Woman Sentenced in Federal Court for Mail Fraud Involving Head Start ProgramRead the Press Release
United States Attorney Ron Parsons announced that a Veblen, South Dakota, woman was sentenced on June 8, 2020, by U.S. District Judge Charles B. Kornmann.
Renee K. Olson, age 57, was sentenced to 8 months of home confinement, coupled with 5 years of probation as a result of her conviction for Mail Fraud. She was also ordered to pay $24,031.74 in restitution and $100 to the Federal Crime Victims Fund.
According to court documents, Olson served as the Treasurer of the Region VIII Head Start Association. In September 2014 and continuing to June 2018, Olson devised and intended to devise a scheme and artifice to defraud the Region VIII Head Start Association of money and property, and obtained money and property from the Region VIII Head Start Association by means of materially false and fraudulent pretenses, representations, omissions, and promises. In her working capacity, Olson sent out invoices to members of the Title VIII Region. Members then paid those invoices and sent those payments to Olson. Upon receipt, Olson converted those payments and used that money for personal expenses. The money was supposed to be used to train members of Region VIII Head Start, but instead Olson deposited those checks into her personal bank account. For the purpose of carrying out and executing the scheme to defraud, and in furtherance of the scheme and artifice to defraud, Olson knowingly caused items to be placed in an authorized depository for mail matter.
The investigation was conducted by the U.S. Attorney’s Office and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Jeremy Jehangiri.
Union Leader Pleads Guilty to Embezzling Union FundsRead 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 Brian Arnold, 49, of Pine City, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to embezzlement of union funds. The charge carries a maximum penalty of five years in prison and a $10,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that the defendant served as Financial Secretary with Steelworkers Local Union 104M, which represents approximately 75 workers at Anchor Glass Container Corporation, from September 2015 to August 2018. As financial secretary, Arnold was responsible for collecting dues checks, recording all receipts, maintaining receipts and disbursement records, writing and signing checks, and preparing an accurate account of all money received and paid out to report monthly to the union membership.
Between April 2016 and August 2018, Arnold embezzled $33,224.15 in union funds. The defendant made unauthorized purchases with the union’s debit card; made unauthorized ATM withdrawals from the union’s checking account; and wrote unauthorized checks to himself from the union’s checking account.
The plea is the result of an investigation by the US Department of Labor, Office of Labor Management Standards (OLMS) Buffalo Office, under the direction of the Boston-Buffalo District Office, District Director Jonathan Russo.
Sentencing is scheduled for September 10, 2020, before Judge Geraci.
U.S. Attorney's Office Recognizes 20 Law Enforcement Officers for Their Outstanding AchievementsRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Andrew Murray announced that 20 law enforcement officers have been selected to receive the U.S. Attorney’s Office Excellence in the Pursuit of Justice award, for their significant contributions to the
mission of the Department of Justice, and their commitment to protecting the people of the Western District of North Carolina.
“Today, we honor 20 brave men and women for their tireless efforts to keep our communities safe, uphold our Nation’s laws, and ensure public safety,” said U.S. Attorney Murray. “I thank each of them for their dedication to the pursuit of justice, and for serving the people of Western North Carolina with fairness, integrity and excellence.”
Six recipients were selected to receive the Outstanding Individual Performance award for their exemplary contributions to cases prosecuted by the U.S. Attorney’s Office. They are:
Clint Bridges, Gastonia Police Department Detective and Task Force Officer with DEA’s High Intensity Drug Trafficking Areas (HIDTA) Task Force. Detective Bridges serves as the primary case agent in multiple DEA-HIDTA investigations in the Western District of North Carolina, targeting and dismantling high-level narcotics trafficking organizations. In 2019, Detective Bridges was the primary case agent for “Operation Iceberg,” which led to the seizure of more than 40 pounds of crystal methamphetamine, two kilograms of heroin, two kilograms of cocaine, 50 firearms, and $50,000 in cash, and the prosecution of 30 defendants.
Debra L. Harris, Senior Insolvency Specialist with the Internal Revenue Service, is being recognized for her exemplary work with the U.S. Attorney’s Office to protect the interests of the United States in the administration of the federal tax laws in the Western District.
Anthony J. Johnson, Detective with the Asheville Police Department, has been selected for his superior investigative work in the case of United States v. Knoke. Detective Johnson’s exceptional work helped secure a 15-year sentence for a serial child abuser, and led to the identification of over a dozen victims Knoke had abused over a 50-year span.
Dennis J. Miller, Charlotte-Mecklenburg Police Department Detective and Forfeiture Coordinator, was selected for his contribution to the success of dozens of criminal and civil forfeiture prosecutions each year in the Western District. In 2019, Detective Miller was integral to this office’s success in transferring a federally forfeited drug property to Habitat for Humanity. Detective Miller also volunteered, and solicited volunteers, to physically convert the dilapidated property into a newly constructed Habitat for Humanity home, which was presented to a deserving homeowner and her young daughter.
Jason Brent Reid, Detective with the Boone Police Department and Task Force Officer with Homeland Security Investigations, has been selected for his superior investigative work in U.S. vs Frank Cromwell, a case involving an alleged child predator who is facing federal charges for producing child pornography and victimizing multiple young men. The charges against Cromwell for his alleged conduct are still pending.
Tim Stutheit, Special Agent with the FBI’s Complex Financial Crime Squad, is the recipient of the award for his superior investigative work in cases involving financial fraud. In 2019, Special Agent Stutheit was the lead agent in at least four significant cases, and his thorough work was instrumental in assisting the U.S. Attorney’s Office to successfully prosecute multiple white collar criminals, including defendants who stole money from multiple victims, some of whom were elderly.
The U.S. Attorney’s Office also selected two investigative teams to be recognized in the Outstanding Case category, for their exceptional teamwork and collaboration over the course of an investigation. Seven law enforcement officers will be recognized for their collective investigative work in the above-referenced case, U.S. vs Frank Cromwell. The recipients are:
- Boone Police Department Detective and Homeland Security Investigations Task Force Officer Jason Brent Reid.
- Homeland Security Investigations Special Agents Patrick G. Wilhelm and W. Lee Swafford.
- North Carolina State Bureau of Investigation Assistant Special Agent in Charge Nathan Samuel Anderson.
- Watauga County Sherriff’s Office Captain Carolynn Johnson, Detective Terry A. Julian, and Detective Matt F. Rollins.
The following seven law enforcement officers were selected to receive the Outstanding Case award for their collective work in an extensive multi-agency, multi-state, and multi-defendant drug trafficking operation codenamed “Unicoi Pipeline.” This joint investigation conducted by law enforcement agencies in North Carolina and Georgia dismantled a drug conspiracy responsible for trafficking large quantities of methamphetamine between the two states, and led to the seizure of multiple pounds of methamphetamine, 65 firearms, and more than $30,000 in drug proceeds. The award recipients are:
- Clay County Sheriff’s Office Lieutenant Todd C. Wingate.
- Clay County Sheriff’s Office Investigator Thomas H. Woodard.
- DEA Task Force Officer and Swain County Sheriff’s Office Deputy Brian A. Leopard.
- Georgia Bureau of Investigation Assistant Special Agent in Charge Ken Howard.
- North Carolina State Bureau of Investigation Special Agent in Charge Brett Anders.
- Rockdale County Sheriff’s Office in Georgia Lieutenant Tyler Hooks.
- Union County Sheriff’s Office in Georgia, Deputy Jay McCarter.
This year, due to COVID-19 restrictions, the U.S. Attorney’s Office will not host a formal award ceremony. U.S. Attorney Murray will present recipients individually with an engraved award, commemorating their outstanding efforts and contributions to the fair and proper administration of justice.
U.S. Attorney McSwain Announces Charges Against Two Convicted Felons for Illegal Possession of Firearms Amidst Ongoing Protests in PhiladelphiaRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Steven Pennycooke, 34, and Shawn Collins, 27, both of Philadelphia, PA, were each charged by criminal complaint with possession of a firearm by a convicted felon. The criminal complaints and arrest warrants against both men were unsealed this morning prior to their initial appearances in federal court.
Following peaceful protests on the afternoon of May 30th in response to the killing of George Floyd in Minneapolis, MN, civil unrest began to unfold in Philadelphia, resulting in widespread rioting, looting, burglary, arson, destruction of property, and other violent acts.
On the night of June 2nd, while a mandatory curfew was in effect, the Philadelphia Police Department received a call regarding two individuals loading an ATM onto a cart on the 4100 block of Viola Street in the Parkside section of West Philadelphia. Officers responded to the scene and observed what appeared to be a safe in the middle of the street. The officers also observed two individuals fitting the description from the original call—Pennycooke and Collins—standing near a vehicle about halfway down the block from the safe.
According to the complaint, Pennycooke removed an object, later confirmed to be a loaded 9mm Hi-Point C9 handgun, from his waistband and discarded it in the rear passenger seat of the vehicle parked nearby. Collins was also found to have a firearm in his waistband, later confirmed to be a loaded 9mm Taurus PT24/7 G2 C handgun. Both Pennycooke and Collins are convicted felons and cannot legally possess firearms. Also according to the complaint, Collins acknowledged to the arresting officer that he did not have a permit to carry a firearm.
“As I made clear last week, my Office is committed to prosecuting anybody who took advantage of the George Floyd protests to try to commit violent acts or otherwise violate federal law. There will be accountability,” said U.S. Attorney McSwain. “In this case, two previously convicted felons are charged with allegedly possessing firearms, which presents a clear danger to the community. We will continue to enforce the rule of law in Philadelphia and throughout the Eastern District of Pennsylvania during this period of unrest – and always.”
“Amid the recent civil unrest in the city sparked by lawless instigators, these two alleged armed felons were found among the looters,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “Such criminal acts detract attention from the message of those who choose to peacefully protest. Today's charges demonstrate that the FBI will work swiftly with our law enforcement partners to take individuals who pose a threat to our community off the streets.”
If convicted, the defendants each face a maximum possible sentence of ten years’ imprisonment, followed by three years of supervised release, and a fine of up to $250,000.
The case is being investigated by the Federal Bureau of Investigation and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorney Derek E. Hines.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Attorney J. Doug Overbey Announces $79,292 Award to Address Covid-19 Pandemic in TennesseeRead the Press Release
KNOXVILLE, Tenn. – U.S. Attorney J. Douglas Overbey of the Eastern District of Tennessee today announced that the Blount County Sheriff’s Office received $79,292 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The grant is available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. Other jurisdictions can determine if they are eligible for funds and may apply immediately by visiting this website. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.
“This is no time for anyone to let up in the fight against COVID-19, and law enforcement cannot let down its guard against the dangers it presents. I’m very pleased to announce this grant award to the BCSO for its use in properly equipping and protecting its deputies as they continue to protect the citizens of Blount County,” said U.S. Attorney Overbey.
“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”
The law gives jurisdictions considerable latitude using these funds for dealing with COVID-19. Potential uses include hiring personnel, paying overtime, purchasing protective equipment, distributing resources to hard-hit areas and addressing inmates’ medical needs.
Agencies eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for the emergency funding. Local units of government and tribes will receive direct awards separately according to their jurisdictions’ allocations.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
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U.S. Attorney Brady Announces $58K Grant to Address COVID-19 Pandemic in Indiana CountyRead the Press Release
PITTSBURGH - U.S. Attorney Scott W. Brady today announced that the County of Indiana, Pennsylvania, received $58,008 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The grant was available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. In addition, the Pennsylvania Commission on Crime and Delinquency has been awarded $17.6 million in grants that can be distributed to eligible governmental agencies throughout Pennsylvania, including western Pennsylvania.
From the moment these grants became available, U.S. Attorney Brady has dedicated staff to ensure that all eligible agencies in western Pennsylvania had the opportunity to apply and receive funds promptly. Since then, the Office has worked with eligible applicants to assist them in the grant process.
"The men and women on the front line of this pandemic deserve our deepest appreciation for answering the call to serve regardless of the danger," U.S. Attorney Brady said. "The public safety funds being made available to Indiana County through DOJ’s Coronavirus Emergency Supplemental Funding program can be used for the most pressing needs of our state and local partners, including new hiring and overtime pay, training, critical personal protective equipment and supplies, and the medical needs of prisoners."
"We are truly appreciative of receiving the Coronavirus Emergency Supplemental Funding grant from the Department of Justice, which will be used in purchasing PPE and equipment for use in battling COVID-19," said R. Michael Keith, Chairman of the Indiana County Commissioners. "Funding from the grant will enable the County to replenish these unbudgeted expenses so the County can continue to operate effectively and serve the needs of the community. This grant has made it possible to work within our means of our current budget. The Indiana County Commissioners would like to thank the Department of Justice for awarding this CESF grant."
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
Two-Time Bank Robber Sentenced to 41 MonthsRead the Press Release
Assistant U. S. Attorney Matthew Brehm (619) 546-8983
NEWS RELEASE SUMMARY – June 8, 2020
SAN DIEGO – Timothy Huss of El Cajon was sentenced in federal court today to 41 months in prison and ordered to pay restitution for robbing two San Diego banks in 2019.
Huss pleaded guilty on November 19, 2019, admitting that he robbed the banks by presenting demand notes that threatened the tellers. He was apprehended by police officers after he fled the second robbery.
“Bank robberies are terrifying and dangerous experiences for tellers and customers,” said U.S. Attorney Robert Brewer. “Thanks to the hard work of prosecutor Matt Brehm and our law enforcement partners, we achieved justice in this case.”
In his plea agreement, Huss admitted that, on September 14, 2019, at approximately 9:46 a.m., he entered the Chase Bank branch at 3490 College Avenue in San Diego, approached the teller window and presented the teller with a demand note, which requested money and threatened the teller. The teller complied with Huss’ demands and provided him with approximately $4,410. He made his getaway on foot.
Huss also admitted that, on September 20, 2019, at approximately 3:13 p.m., he entered the Well Fargo branch at 1350 Fashion Valley Road in San Diego and approached the teller window. Huss provided the teller with a demand note which read, “Keep Actin (sic) Normal. Put the cash in a bag no die (sic) or GPS or Im coming back.” The teller passed $520 in U.S. currency and $40 in bait bills to Huss, including a GPS tracker pack with a specific serial number. Huss took the bills and bait bills, placed them in a laptop bag, took the demand note and fled the bank on foot.
“The successful conclusion of this case was due to coordinated and ongoing teamwork between the SDPD Robbery Unit, the FBI, and the Violent Crime and Human Trafficking Section,” said San Diego Police Lt. Julie Epperson. “Collaboration with our law enforcement partners creates a stronger defense against criminals who prey on the public.”
FBI San Diego Acting Special Agent-in-Charge Omer Meisel commented, “The FBI will continue to work with our law enforcement partners to keep the San Diego community safe from those whose criminal behavior threatens the well-being and security of our citizens.”
This case is the result of the ongoing efforts of the Violent Crime and Human Trafficking (VCHT) Section. Formed in 2019 by U.S. Attorney Robert Brewer, the VCHT is tasked with leading collaborations between federal and local law enforcement in the investigation and prosecution of cases involving violent crimes, firearms and gang cases; sex trafficking and child exploitation; civil rights, and labor trafficking. The VCHT Section oversees the Southern District of California Coordinators for Project Safe Neighborhoods, Human Trafficking, and Project Safe Childhood.
DEFENDANT Case Number 19cr4038-W
Timothy Huss Age: 30 El Cajon, CA
SUMMARY OF CHARGES
Bank Robbery – Title 18, U.S.C., Section 2113(a)
Maximum penalty: Twenty years in prison and $250,000 fine
AGENCY
Federal Bureau of Investigation
San Diego Police Department
Two South Dakota Men Sentenced in Carjacking IncidentRead the Press Release
United States Attorney Ron Parsons announced that two South Dakota men were recently sentenced by Jeffrey L. Viken, U.S. District Judge.
On May 11, 2020, Craig Hirschfeld, age 26, of Box Elder, was sentenced to 7 years in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund for Use and Brandishing of a Firearm During the Commission of a Crime of Violence.
On June 5, 2020, Devin Byker, age 25, of Piedmont, was sentenced to 10 years in federal prison for Carjacking and an additional term of 7 years for Use and Brandishing of a Firearm During the Commission of a Crime of Violence, both terms to run consecutively, followed by 5 years of supervised release, and was ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
The conviction stems from Hirschfeld and Byker stealing a man’s vehicle, wallet, and cell phone at gunpoint after the man had given them a ride in June 2019 in Rapid City.
“Anyone who uses a gun to commit a crime in South Dakota is likely be charged federally and can look forward to spending a significant amount of time in federal prison somewhere outside of the state,” said U.S. Attorney Parsons.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Hirschfeld and Byker were immediately turned over to the custody of the U.S. Marshals Service.
Two Individuals Charged with Arson of St. Paul Health and Nutrition StoreRead the Press Release
United States Attorney Erica H. MacDonald today announced two federal criminal complaints against SAMUEL ELLIOTT FREY, 19, and BAILEY MARIE BALDUS, 19, charging them with conspiracy to commit arson. FREY and BALDUS made their initial appearance earlier today before Magistrate Judge Hildy Bowbeer in U.S. District Court in St. Paul, Minnesota.
According to the allegations in the complaints, on May 28, 2020, a health and nutrition store located in St. Paul, Minnesota, sustained damage due to vandalism and fire. On June 3, 2020, investigators with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) examined the store and determined that the fire and smoke damage was caused by arson. ATF investigators obtained video surveillance footage from inside the store on the night of the arson. Following ATF’s public request for tips and identifying information, investigators were able to identify FREY and BALDUS in the surveillance video footage. FREY can be seen pouring flammable hand sanitizer onto a shelving unit and lighting it on fire.
The ATF and FBI urge the public to report suspected arson, use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information specifically related to business fires in the Twin Cities can call 1-888-ATF-TIPS (1-888-283-8477), email [email protected] or submit information anonymously via ReportIt.com. In addition to fires, the FBI is looking for people who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALLFBI (800-225-5324) or visit tips.fbi.gov.
This case is the result of an investigation conducted jointly by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the FBI, the St. Paul Police Department, the St. Paul Fire Department, and the Minnesota State Fire Marshal Division.
This case is being prosecuted by Assistant U.S. Attorneys Matthew S. Ebert and Joseph S. Teirab.
The charges contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Defendant Information:
SAMUEL ELLIOTT FREY, 19
Brooklyn Park, Minn.
Charges:
- Conspiracy to commit arson, 1 count
BAILEY MARIE BALDUS, 19
Ramsey, Minn.
Charges:
- Conspiracy to commit arson, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Two Defendants Charged with Committing Serial Armed Robberies Throughout FloridaRead the Press Release
Miami, Florida – Two Louisiana residents, Jeremy Steven Coleman, 43, and Jennifer Lynn Freeman, 35, appeared in federal court on charges that they participated in a string of armed robberies throughout Florida.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Alfredo Ramirez III, Director, Miami-Dade Police Department (MDPD) made the announcement.
According to the criminal complaint, between June 3 through June 5, 2020, Coleman and Freeman committed five of the armed robberies at gas stations and convenience stores in South Florida.
On June 3, law enforcement responded to an armed robbery at a Shell Gas Station located at 18600 South Dixie Highway, Miami, Florida. A white male in his 30s-40s, allegedly entered the gas station and pointed what appeared to be a black pistol at the victims. The robber allegedly left with about $600.
On June 4, law enforcement responded to an armed robbery at a 7-Eleven store located at 9500 NW 7th Ave, Miami, Florida. In that robbery, a white male, matching the description of the man from the robbery of the day before, allegedly entered the 7-Eleven and walked behind the counter where the two victims were standing. The robber allegedly pointed an unknown type of rifle at the victims and left the store with $200.
On June 5, law enforcement responded to three more armed robberies. In all three, the robber matched the description of the person who had committed the robberies on June 3 and 4. One robbery occurred at a 7-Eleven store, located at 533 NW 103rd Street, Miami, Florida. The robber allegedly brandished what appeared to be a black pistol at the victims in the store and stole about $200. The second robbery that day occurred at a Chevron gas station at 17800 Collins Avenue in Sunny Isles, Florida. The robber allegedly pushed a black gun into the victim’s side, demanded that the victim open the cash register, and left the gas station with out $600. The third robbery on June 5 occurred at a Shell Gas Station, located at 13701 SW 26th St., Miami, Florida. The robber allegedly entered the gas station and approached the victim armed with what appeared to be a black pistol and pointed the firearm at the victim’s head. The robber stole about $400.
Investigation led law enforcement to a room in a South Florida hotel that appeared to be occupied by Coleman and Freeman. Officers executed a federal search warrant inside the hotel room. They found clothes that matched clothes worn by the robbers, as seen in surveillance video. Law enforcement also found what appeared to be bb-gun replicas of semi-automatic firearms, including a black replica Beretta firearm, a black replica Glock firearm, a black replica Sig Sauer firearm, and two replica .357 caliber revolvers.
The defendants had their initial appearances in federal court. Coleman was detained without bond pending trial. Freeman’s detention hearing is scheduled for Friday, June 12, before a federal magistrate judge.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI, including FBI’s South Florida Violent Crime Task Force, and the Miami-Dade Police Department’s Robbery Bureau. Assistant U.S. Attorneys Cary O. Aronovitz and Maria Catala are prosecuting this case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing to address when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Three Baton Rouge Residents Face Federal Arson Charges in Connection with Area Business FiresRead the Press Release
United States Attorney Brandon J. Fremin announced today that a criminal complaint was issued charging Terry Lemond Dorsey, age 21, Kenyatta Sheire Huggins, age 22, and Shamyrin Djhodi Johnson, age 22, all of Baton Rouge, with conspiracy to maliciously damage or destroy by fire buildings used in interstate commerce. The subjects had been previously arrested on state arson charges and were taken into custody on federal charges earlier today. These charges concern a series of arsons at four commercial properties in the Baton Rouge area.
The criminal complaint alleges that, on May 31, 2020, St. George Fire Protection District investigators responded to a fire at Tai Industries, Inc., 6410 Fieldstone Drive. On June 1, 2020, St. George Fire Protection District investigated another suspicious fire at AutoZone Auto Parts Store, 11554 Airline Highway. Also on June 1, 2020, Baton Rouge Fire Department investigators responded to two separate fires, at Tiger Tire Shop, 4415 Plank Road, and at AAA Tire Shop, 6160 Airline Highway. All four fires were determined to be arson.
The criminal complaint further alleges that, on June 4, 2020, Dorsey, Huggins, and Johnson were arrested on state charges connected to the four arsons and, after being advised of their Miranda rights, admitted to conspiring with each other to set fire to commercial buildings. They stated that, prior to setting the fires, they attended the protests on Siegen Lane in Baton Rouge. Each stated that he or she was motived to commit arson as part of the current protest activities concerning police conduct.
U.S. Attorney Fremin commended the outstanding actions and efforts of the law enforcement agencies who worked to quickly identify the suspects and bring these charges, including the St. George Fire Protection District, Baton Rouge Fire Department, Baton Rouge Police Department, East Baton Rouge Sheriff’s Office, Louisiana State Fire Marshal, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms & Explosives.
This case is being prosecuted by Assistant United States Attorney Paul Pugliese. If convicted, each defendant faces a sentence of five to twenty years in prison.
A criminal complaint is merely an accusation. The defendants are presumed innocent until proven guilty in a court of law.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Suicidal man sentenced after deliberately ramming stolen pickup truck into military baseRead the Press Release
CORPUS CHRISTI, Texas – A 48-year-old Beeville man has been ordered to federal prison following his conviction for destruction of U.S. government property and possession of a stolen firearm, announced U.S. Attorney Ryan K. Patrick.
Brian Dale Robinson pleaded guilty Nov. 21, 2019.
Today, U.S. District Judge Nelva Gonzales Ramos ordered Robinson to prison for 33 months to be immediately followed by three years of supervised release. He was further ordered to pay restitution of more than $12,000 to Naval Air Station (NAS) in Corpus Christi. In handing down the sentence, the court noted the dangerousness of Robinson’s conduct.
At the time of his plea, Robinson admitted he knew the firearm in his possession was stolen and he intentionally damaged federal property. He had hit a barricade located at the North gate entrance of NAS - Corpus Christi.
On Oct. 7, 2019, Robinson was at a gas station in Beeville when he spotted a Dodge Ram 3500 pickup truck with the engine running. He then entered that vehicle without permission and drove straight to Corpus Christi. There, he approached the NAS and attempted to gain unauthorized access to the base by crashing through the gate. However, the vehicle became inoperable after he hit the barricade.
Robinson exited the pickup truck and fled on foot into the base with a handgun he had stolen from the vehicle and hid next to a dumpster. He was located by base security personnel who immediately arrested him. Robinson claimed he had suicidal thoughts. However, he opted to drop the weapon so no one else would be hurt. Following his arrest, they located an HS Produkt, model XDM-9, 9mm pistol loaded with a full magazine.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Naval Criminal Investigative Service and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant U.S. Attorney Robert D. Thorpe Jr. prosecuted the case.
Suburban Pittsburgh Man Indicted for Obstructing Law Enforcement during Civil DisorderRead the Press Release
PITTSBURGH, Pa. – A residents of Shaler Township, PA, has been indicted by a federal grand jury in Pittsburgh, Pennsylvania, on a charge of Obstruction of Law Enforcement During Civil Disorder, United States Attorney Scott W. Brady announced today.
The one-count indictment named Brian Jordan Bartels, 20, Allison Park, PA 15101.
According to the indictment and criminal complaint filed with the court, on May 30, 2020, Bartels interfered with and obstructed the Pittsburgh Police during the course of the civil disorder that occurred in connection with the protests which took place in downtown Pittsburgh on that day. In particular, Bartels is charged with initiating the destruction of a marked police vehicle that was parked on Centre Avenue above the PPG Arena. The complaint alleges that Bartels threw rocks at the vehicle, broke a window, stomped through the windshield and spray painted the vehicle. Shortly thereafter, members of the crowd set fire to the vehicle, completely destroying it.
The law provides for a maximum total sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shaun E. Sweeney is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.