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Tuesday 9 June 2020
Department of Justice Awards Additional $8.4 Million to Municipalities in Northern Illinois to Address COVID-19 PandemicRead the Press Release
CHICAGO — John R. Lausch, Jr., United States Attorney for the Northern District of Illinois, today announced that, over the past several weeks, the city of Chicago and other municipalities in northern Illinois received more than $8.4 million in Department of Justice grants to respond to challenges posed by the COVID-19 pandemic. The newly announced grants follow similar allocations from the Department in April of more than $20 million.
The grants were made pursuant to the Coronavirus Emergency Supplemental Funding program, which was authorized by recent legislation signed by President Trump. The law gives jurisdictions considerable latitude in the use of these funds for dealing with COVID-19. Potential uses include hiring personnel, paying overtime, purchasing protective equipment, and distributing resources to hard-hit areas. Funds may also be used to help correctional facilities cover costs related to the virus, including, but not limited to, sanitation, contagion prevention, and measures designed to address the related medical needs of inmates, detainees, and correctional personnel.
“The Justice Department remains committed to helping offset the enormous costs incurred by local municipalities in the fight against COVID-19,” said U.S. Attorney Lausch. “These important federal funds will provide critical resources to the city of Chicago and other municipalities throughout northern Illinois working to keep people safe during the pandemic.”
The recipients and awards announced today are as follows:
- City of Chicago: $6,785,503
- City of Rockford: $572,968
- City of Aurora: $144,486
- City of Joliet: $119,390
- City of Waukegan: $95,895
- City of Harvey: $65,348
- Town of Cicero: $61,259
- Lake County: $58,008
- DeKalb County: $58,008
- Kane County: $58,008
- City of Elgin: $56,526
- City of DeKalb: $49,712
- Cook County: $48,349
- Village of Maywood: $48,268
- Village of Skokie: $39,849
- City of Zion: $35,200
- City of Berwyn: $34,878
- Village of Bolingbrook: $34,797
- Village of Riverdale: $33,918
- City of Blue Island: $33,354
For a list of all awards in northern Illinois and across the country thus far, visit the Coronavirus Emergency Supplemental Funding program webpage.
The Justice Department continues to move quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications. Local jurisdictions can determine if they are eligible and apply immediately by visiting the website of the Bureau of Justice Assistance, a component of the Office of Justice Programs (OJP).
“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 OJP. “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.”
OJP 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.
Columbus man sentenced to prison for gun crime related to 2018 shooting at Weinland ParkRead the Press Release
COLUMBUS, Ohio – A Columbus man was sentenced in U.S. District Court today to 41 months in prison for crimes related to a 2018 summer shooting that involved 5-year-old and 10-year-old victims.
Keveante Deshawn Smoot, 28, pleaded guilty in May 2020 to illegally possessing a firearm as a previously convicted felon.
According to court documents, on August 11, 2018, Columbus Division of Police officers responded to Weinland Park on Summit Street on a call for service regarding several shots fired at the park.
Two of the reported victims were adults and two were children, ages five and 10. Smoot was identified as a victim in the shooting, and was driven to a local hospital by an associate to receive medical care for a gunshot wound to his arm.
The associate’s car was later searched as evidence related to the shooting, and Smoot’s DNA was discovered on a 9mm pistol in the car.
Further, according to an affidavit in Smoot’s case, jail emails and calls between Smoot and others state that Smoot possessed a firearm at the Weinland Park shooting and that he fired shots.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Jonathan McPherson, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Columbus Police Chief Thomas Quinlan announced the sentence imposed today by U.S. District Court Judge Sarah D. Morrison. Assistant United States Attorney Jonathan J.C. Grey and Special Assistant United States Attorney Christopher N. St. Pierre are representing the United States in this case.
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Co-Owner of Puerto Rican Online Aquarium Business Pleads Guilty to Illicit Trafficking of Protected Reef CreaturesRead the Press Release
A former resident of Hormigueros, Puerto Rico, pleaded guilty today to export smuggling and two felony violations of the Lacey Act for collecting, falsely labeling, and shipping protected marine invertebrate species as part of an effort to subvert Puerto Rican law designed to protect corals and other reef species, the Department of Justice announced.
Raymond Michael Torres Ramos, 45, pleaded guilty before U.S. District Judge Raúl M. Arias-Marxuach in the District of Puerto Rico, and will be sentenced on Nov. 13, 2020.
“The illegal harvest and trafficking of reef species is a significant problem that contributes to habitat destruction, coastal erosion, and the decline of coral ecosystems worldwide,” said Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division. “The Department of Justice and its partners will continue to investigate and prosecute those who violate our environmental laws for illicit commercial gain.”
“Prosecutions like this one are important because, by holding companies and businessmen accountable for the harm they cause to the ocean’s ecosystem, we do our part to protect our natural resources,” said U.S. Attorney W. Stephen Muldrow of the District of Puerto Rico. “Puerto Rico is surrounded by the beauty of the Caribbean Sea and the Atlantic Ocean, and those who intentionally damage our reefs must be held accountable for their criminal conduct.”
“Protection of our nation’s marine life resources is of utmost importance in this world. Marine life species such as Florida Ricordea and live rock that they are attached to are part of a complex marine reef ecosystem that is unique and fragile,” said David Pharo, Resident Agent in Charge of for the U.S. Fish and Wildlife Service (USFWS), Office of Law Enforcement. “Cooperative investigations such as this too often expose these resources are illegally harvested and trafficked domestically and internationally. Just as these species were hammered and chiseled from their natural reef environment, the U.S. Fish and Wildlife Service and partner agencies will continue to hammer and chisel away at those who traffic and profit from such unlawful activities.”
“This case highlights the great investigative collaboration in dismantling a concerted effort to profit from the destruction of the delicate marine ecosystem in Puerto Rico,” said Tracy A. Dunn, Assistant Director in charge of the National Oceanic and Atmospheric Administration (NOAA) Office of Law Enforcement, Southeast Division. “NOAA's main mission is the protection of living marine resources and habitat for future generations. The agency's enforcement personnel take this responsibility seriously and work diligently to detect and collect evidence against those who would seek to profit from the over-harvest and trade in illegally taken marine species. I applaud the coordinated efforts of NOAA, USFWS, and DOJ to successfully bring Mr. Torres to justice.”
Torres was the co-owner of the San Sebastian, Puerto Rico-based saltwater aquarium business, Carebbean Reefers (spelling error intentional) that also operated online through the eBay store “Redragon1975”. A large part of the business was devoted to the sale of native Puerto Rican marine species that are popular in the saltwater aquarium trade.
Torres sent illegally collected live specimens to customers in the mainland United States and foreign countries by commercial courier services. One of the most popular items that Torres and his business sent off-island was an organism from the genus Ricordea. These animals are known as “rics,” “polyps,” or “mushrooms” in the aquarium industry. Members of the genus form part of the reef structure and spend their adult lives fastened in place to the reef. These animals are colorful in natural light, but what makes them particularly interesting to aquarium owners is that they “glow” under the UV lights that are typically used in high-end saltwater aquariums.
It is illegal to harvest Ricordea, zoanthids, and anemones in Puerto Rico if the specimens are going to be sent off-island or otherwise sold commercially, nor is there a permit available to do so. Torres personally collected some of the Ricordea and other reef creatures that he sold off-island. On multiple occasions, he would accompany another person and they would snorkel from the shoreline in search of Ricordea. Because Ricordea are attached to the reef substrate, Torres would utilize a chisel to break off the animals, and in doing so, take chunks of the reef with him.
In order to cover up the nature of his shipments and to avoid detection from governmental inspection authorities, Torres would falsely label many of his live shipments as inanimate objects. From January 2014 to March 2016, Torres sent or caused to be sent at least 100 shipments of marine species that were illegally harvested in the waters of Puerto Rico. While there is some variation in the price of Ricordea depending on coloration, size, and other factors, the aggregate retail value of illegal Ricordea shipped by Torres was worth approximately $400,000
This case was investigated as part of Operation Rock Bottom and Operation Borinquen Chisel by special agents of USFWS and NOAA with support from the USFWS inspectors. The case is being prosecuted by Christopher L. Hale of the Environment and Natural Resources Division’s Environmental Crimes Section along with Assistant U.S. Attorney Carmen Marquez for the District of Puerto Rico.
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.
Charity Founders Plead Guilty to Using Non-Profit to Defraud Donors and Illegally Evade TaxesRead the Press Release
Assistant U.S. Attorney Rebecca S. Kanter (619) 546-7304
NEWS RELEASE SUMMARY – June 9, 2020
SAN DIEGO – A husband and wife pleaded guilty today in federal court to using a charity to defraud donors and to evade taxes.
Geraldine and Clayton Hill appeared before U.S. Magistrate Judge Linda Lopez to admit that they used On Your Feet, Inc. (“OYF”), a.k.a. Family Resource Center (“FRC”), a 501(c)(3) tax-exempt non-profit organization that operated in Spring Valley, California, to defraud donors and the Internal Revenue Service (“IRS”). FRC/OYF claimed to provide “assistance to low income families and individuals in need to better their living conditions and quality of life.” According to documents filed in court today, beginning at least as early as March 2009, the Hills conspired to fraudulently obtain charitable donations of clothing and other items from multiple companies by falsely promising and certifying that they would not to sell the merchandise for profit.
The Hills admitted today to violating those promises by knowingly reselling donated merchandise and using the proceeds from the sale of donated items to financially support themselves, their family members and other associates. Forever 21, Feed the Children, Brooks and Goods360 were among the defrauded companies. The Hills tricked these companies such as Forever 21, Feed the Children, Brooks and Goods360 into donating millions of dollars of goods to OYC/FRC through their fraud. Based on the false representations, Feed the Children and Forever 21 – just two of the Hills multiple victims – donated over $16 million in goods between 2010 and 2017.
The Hills admitted today that between 2011 and 2016, they personally received proceeds from the fraud totaling over $1.3 million and paid no income taxes.
In soliciting donations from Forever 21, the Hills falsely claimed in their marketing materials that “[t]he merchandise is never sold by On Your Feet Incorporated . . . Every individual receiving a donation is required to register and sign a form saying none of the merchandise will be resold.” The Hills also falsely represented to Forever 21 that the “[m]ajority of the [OYF/FRC] personnel are volunteer members and are all required to sign a consent form stating that merchandise may not be taken or sold.” In an email on May 20, 2015, to Forever 21, Geraldine Hill falsely claimed that the “routine for processing donated items” included “cutting [the] inside label in half” and “defacing [the] inside label with permanent marker,” and further claimed that “we’ve never had a problem with any donations we have received that companies have been so kind to donate.”
In fact, Geraldine Hill knew at the time she sent that email to Forever 21 that the statement was false because at least as early as May 30, 2012, Goods360 had alerted Geraldine Hill that Disney no longer wanted their donations to go to OYF/FRC because the donated goods were appearing at local flea markets and being sold. For example, in June 2015, Forever 21 donated to OYF/FRC approximately 161 pallets of clothing, which was valued by Forever 21 at $2.9 million (cost)/$5.6 million (retail). Immediately upon receiving the pallets from Forever 21, the Hills sold donated goods to an operator of for-profit discount retailers. In September 2016, the Hills solicited additional donations from Forever 21 by promising to use them for a “Christmas Giveaway,” causing Forever 21 to donate another 16 pallets of clothing on October 27, 2016, which the Hills acknowledged in a letter to Forever 21 that the donated goods had a retail value of $314,371. Immediately upon receiving the pallets from Forever 21 in October 2016, the Hills sold the donated goods to the same for-profit discount retailer.
Instead of paying income taxes, the Hills spent nearly $380,000 of the fraudulent proceeds on personal expenses including luxury retail purchases, vacations, entertainment, and vehicles, in addition to spending more than $322,000 in cash.
In order to conceal their income from the IRS and obstruct the IRS’s ability to monitor the charity’s tax-exempt status, the Hills filed false charitable tax returns. The charity’s tax returns falsely claimed that OYF received less than $25,000 in gross receipts in tax year 2009, and less than $50,000 in tax years 2011-2015. As a result of the Hills’ fraudulent concealment of their income, they caused an estimated U.S. individual income tax loss for 2013-2014 of $50,933.
Although the Hills had no legitimate payroll through OYF, they falsified pay stubs purporting to show salaries paid and taxes withheld in order to advance other fraudulent schemes. For example, they falsified pay stubs claiming that defendant Clayton Hill earned over $100,000 salary (even though OYF had never issued paystubs or W2s, and Hill was not claiming income in any tax filing) and used the false pay stubs for a rental application to rent a home that cost $6,000 per month.
U.S. Attorney Robert Brewer expressed his appreciation to Assistant U.S. Attorney Rebecca Kanter, Principal Deputy Assistant Attorney General Richard E. Zuckerman and Trial Attorney Valerie Preiss of the Justice Department’s Tax Division for supporting this prosecution.
“I am committed to using the resources of the U.S. Attorney’s Office in the Southern District of California to aggressively pursue fraudsters and tax cheats,” said Brewer. “The conduct by Geraldine and Clayton Hill is particularly offensive because they used the benefits afforded by the 501(c)(3) status of their charity to defraud donors and conceal their profits. By abusing the generosity of companies and individuals who put their faith in the promises made by the Hills, the Defendants threatened to undermine the trust and integrity underpinning charitable giving.”
“Geraldine Hill and Clayton Hill exploited the public trust and charitable giving by using their charity to solicit over $16 million in goods from hardworking businesses and falsely promising to donate those goods to assist low income families and individuals in need,” said Ryan L. Korner, Special Agent in Charge of the IRS Criminal Investigation division. “Instead, the Hills resold the goods and profited over $1.34 million which they spent on vehicles, vacations, and entertainment, as well as personal expenses for their family members. The Hills concealed their fraud by filing false tax returns on behalf of the charity and failing to report their illicit income to the IRS. Their guilty pleas are evidence of the hard work of IRS Criminal Investigation Special Agents to bring to justice those that defraud businesses in the name of charity, and who benefit themselves instead of serving those most in need.”
“While fraud is always wrong, the theft of charitable donations that were to be used to help San Diego’s low income families is particularly disheartening,” said Acting FBI Special Agent in Charge Omer Meisel. “This type of fraud and deceit for personal gain simply cannot be tolerated. The FBI is committed to ensuring that white collar predators don’t prevent those less fortunate from receiving all the benefits that generous donors provide to seemingly legitimate non-profit organizations.”
Sentencing is scheduled for August 28, 2020 before U.S. District Judge Dana M. Sabraw. At sentencing, the Hills face a maximum sentence of five years in prison for each mail fraud conspiracy and tax evasion charge. The Hills also face a period of supervised release, restitution, and monetary penalties.
DEFENDANTS Case Number 20CR0783-DMS
Geraldine Hill Age: 59 Bonita, CA
Clayton Hill Age: 58 Bonita, CA
SUMMARY OF CHARGES
Conspiracy to Commit Mail Fraud – Title 18, U.S.C., Section 371
Maximum penalty: Five years’ imprisonment and $250,000 fine
Tax Evasion – Title 26, U.S.C., Section 7201
Maximum penalty: Five years’ imprisonment and $250,000 fine
AGENCIES
Internal Revenue Service Criminal Investigations
Federal Bureau of Investigation
California Woman Sentenced to 27 Years for Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – A Pomona, California, woman was sentenced in federal court today for leading a conspiracy to distribute large quantities of methamphetamine in Jasper County, Missouri.
Melissa R. Kivett, 42, was sentenced by U.S. District Judge M. Douglas Harpool to 27 years in federal prison without parole.
On Oct. 9, 2019, Kivett pleaded guilty to participating in a conspiracy to distribute methamphetamine in Jasper County from March 8, 2016, through Oct. 3, 2017. Kivett also pleaded guilty to one count of distributing methamphetamine.
Kivett transported methamphetamine from California, usually through the mail, to co-conspirators in Missouri. Co-conspirators purchased multiple kilograms of methamphetamine from Kivett for about $400 per ounce (28 grams). Those co-conspirators then distributed methamphetamine to others.
When Kivett was arrested in California on Sept. 7, 2017, she was in possession of 3.4 kilograms of methamphetamine, approximately 1.3 kilograms of morphine, and 610 grams of hydrocodone.
Kivett is the fifth and final defendant in this case to be sentenced.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Randall D. Eggert and Assistant U.S. Attorney Nhan Nguyen. It was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI, the Missouri State Highway Patrol, the Illinois State Police, the Ozarks Drug Enforcement Team, the Jasper County, Mo., Sheriff’s Department, the Duquesne, Mo., Police Department, the Pomona, Calif., Police Department, and the Ontario, Calif., Police Department.OCDETF
This case is part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program. The OCDETF program is the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.California Resident Charged for Role in Sim Swap Scam Targeting at Least 20 People, Including New Orleans ResidentRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that RICHARD YUAN LI, age 20, a resident of Hercules, California, was charged on June 8, 2020 in the Eastern District of Louisiana in a one-count Bill of Information with conspiracy to commit wire fraud, in violation of Title 18, United States Code, Sections 371 and 1343, for his role in a SIM Swap scam that targeted at least twenty people, including a New Orleans-area physician.
According to the Bill of Information, a SIM Swap scam is a cellular phone account takeover fraud that results in the routing of a victim’s incoming calls and text messages to a different phone. Once a perpetrator is able to swap the SIM card, it is likely he is able to obtain access to a victim’s various personal accounts, including email accounts, bank accounts, and cryptocurrency accounts, as well as any other accounts that use two-factor authentication.
LI participated in a scheme that involved multiple parts. First, in January 2018, they defrauded Apple, Inc. into providing a second Apple iPhone without paying for it by convincing an Apple customer service representative that they had not received an Apple iPhone 8 they ordered (hereinafter “the Apple iPhone 8”). LI took possession of the Apple iPhone 8. He and his co-conspirators then arranged for victims’ telephone numbers to be swapped to SIM cards contained in cellular phones in their possession, including the Apple iPhone 8. Specifically, on November 10, 2018, Victim A’s telephone number was swapped to a SIM card contained in the Apple iPhone 8, which LI kept in his dorm room in the San Diego, California area. The SIM swap caused the transmission of a series of writings, signs, signals, and sounds that traveled in interstate commerce, including between the States of Florida, Louisiana, and California. Thereafter, LI and his co-conspirators gained access to Victim A’s email accounts and cryptocurrency accounts as a result of the SIM Swap and stole a significant portion of Victim A’s cryptocurrency. In total, between October 11, 2018, and December 6, 2018, LI participated in unauthorized SIM Swaps with his co-conspirators that targeted at least twenty victims.
If convicted, LI faces a maximum term of five (5) years in prison, a fine of up to $250,000.00, up to three (3) years of supervised release after imprisonment, and a mandatory $100 special assessment per count.
U. S. Attorney Strasser reiterated that a Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation. Assistant United States Attorney Jordan Ginsberg, supervisor of the Public Corruption Unit, is in charge of the prosecution.
CEO of Prince George’s County Non-Profit Facing Federal Wire and Bank Fraud ChargesRead the Press Release
Greenbelt, Maryland – A federal criminal complaint was filed today charging Glenda Hodges, age 69, of Clinton, Maryland, with federal bank fraud and wire fraud charges in connection with the misuse of federal funds and other fraud related to non-profit and for-profit entities that Hodges operated in Clinton, Maryland.
The criminal complaint was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Kenneth R. Dieffenbach of the U.S. Department of Justice Office of Inspector General, Fraud Detection Office; Maryland State Prosecutor Charlton T. Howard III; and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.
According to the affidavit filed in support of the criminal complaint, Hodges owned and was the Chief Executive Officer of Still I Rise Incorporated, a non-profit entity which purported to provide services and resources to minority survivors of domestic violence, sexual assault and stalking; Still I Rise Comprehensive Support & Training Services LLC (“CSST”), a for-profit entity; and the Women’s Wellness Center (WWC), a for-profit medical weight loss clinic operated under the umbrella of CSST. Between 2010 and 2017, Hodges was awarded more than $2 million in grants from the United States Department of Justice’s (“DOJ”) Office of Violence Against Women (“OVW”) and Prince George’s County to implement a violence against women program through Still I Rise. However, as WWC—a financially unviable enterprise—continued to lose money, the affidavit alleges that Hodges resorted to committing fraud to fund WWC.
According to the affidavit, between 2010 and 2017, DOJ OVW awarded Still I Rise approximately $896,999 in DOJ OVW grants. Between 2012 and 2017, Prince George’s County awarded Hodges an additional $1,179,000 in county grants. The three grants that DOJ OVW awarded Hodges and Still I Rise were authorized only for the stated purpose of implementing Still I Rise’s non-profit program to address violence against women, and the funds were only authorized to cover the costs detailed in the respective budgets that Hodges submitted with the grant applications.
In early 2016, Hodges contacted DOJ OVW to express interest in applying for DOJ OVW’s 2016 three-year grant and informed DOJ OVW that Still I Rise exhausted the 2014 grant (which also had a three-year duration) in only 16 months. DOJ OVW then conducted an initial review of Still I Rise’s bank records and invoices, and discovered that Hodges was using much of the grant money for personal expenditures and to unlawfully support WWC, her for-profit entity. These expenditures allegedly included paying WWC staff salaries and rent, paying the mortgage at Hodges’ personal property in North Carolina, and paying a personal cable account in North Carolina.
The affidavit alleges that on October 9, 2015, Hodges caused $134,800 to be stolen from Victim 1—a mutual fund in Pennsylvania—and wired into a bank account associated with Still I Rise, and then used the stolen funds for expenditures at WWC and for her personal benefit. In addition, on April 8, 2016, Hodges deposited a $72,938 altered business check related to a federal cancer research grant that had allegedly been stolen from Victim 2, a prominent university in Texas, into a different bank account opened in the name of Still I Rise and over which Hodges was the sole authorized signer.
Further, the affidavit alleges that between March 10 and August 26, 2016, Hodges fraudulently opened credit accounts at two financial institutions using the identifying information of Victim 3, an elderly volunteer at Still I Rise, accumulating at least $45,000 in debt. According to the affidavit, to secure one of the lines of credit, Hodges had Victim 3 medically transported to a nearby bank. When Victim 3 was brought to the bank, Victim 3 was in pain and in a wheelchair, and had an antibiotic catheter line running to her heart.
Finally, the affidavit alleges that WWC had severe cash flow problems, was not satisfying its payroll obligations, was withholding employment taxes that Hodges did not remit to the Internal Revenue Service, and without the knowledge of her weight-loss patients at WWC, was directing medical staff to replace fat-dissolution injectable compounds with saline solution.
If convicted, Hodges faces a maximum sentence of 20 years in federal prison for each count of bank fraud and wire fraud. 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. Hodges is expected to have an initial appearance in U.S. District Court in Greenbelt, but no date has been scheduled.
A criminal complaint is not a finding of guilt. An individual charged by criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended the Department of Justice Office of Inspector General, the Office of the Maryland State Prosecutor, and the FBI for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Gregory Bernstein and Kelly O’Connell Hayes, who are prosecuting the case.
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Bridgeport Man Sentenced to 10 Years in Federal Prison for Firearm OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that LYNWOOD COGDELL, 32, of Bridgeport, was sentenced today by U.S. District Judge Janet C. Hall to 120 months of imprisonment, followed by three years of supervised release, for illegally possessing firearms in association with his narcotics distribution activities.
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 March 15, 2016, Cogdell was sentenced in federal court to 36 months of imprisonment, followed by three years of supervised release, for possession of a firearm by a convicted felon. He was released from federal prison in June 2018.
On August 10, 2018, while on supervised release, Cogdell was arrested by Stamford Police after he was found in possession of a loaded .40 caliber semi-automatic pistol and 150 folds of heroin that he intended to distribute.
On April 15, 2019, Cogdell was arrested by Connecticut State Police in Bridgeport after he was found in possession of a loaded .40 caliber semi-automatic pistol and 58 folds of heroin/fentanyl that he intended to distribute.
Cogdell has been detained since April 15, 2019. On February 6, 2020, he pleaded guilty to two counts of possession of a firearm in furtherance of a drug trafficking offense.
This investigation was conducted by the U.S. Marshals Service, Stamford Police Department, Bridgeport Police Department and Connecticut State Police. The case was prosecuted by Assistant U.S. Attorney Lauren C. Clark.
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 neighborhoods safer for everyone.
Bradford, PA Man Charged with Lying during the Purchase of 8 FirearmsRead the Press Release
ERIE, Pa. -A resident of Bradford, Pennsylvania has been indicted by a federal grand jury in Erie on charges of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
The seven-count Indictment named Tony Joe McCormick, 32, as the sole defendant.
According to the Indictment presented to the court, McCormick made false statements during the purchase of eight firearms over a seven month period, from March 6, 2019 to September 22, 2019. McCormick presented himself as the purchaser of the firearms when, in reality, he was conducting "straw purchases" by purchasing the guns under his name and then delivering them to a third party.
The law provides for a maximum total sentence of 70 years in prison, a fine of $1,750,000, 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 Paul S. Sellers is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bradford Police Department conducted the investigation leading to the Indictment in this case. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the Fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Blue Springs Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Billy Anthony O’Keefe, 34, of Blue Springs, Nebraska, was sentenced today to 15 years, (180 months), in federal prison, by Chief United States District Judge John M. Gerrard, for conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine mixture. There is no parole in the federal system. Following the prison term, O’Keefe will serve five years on supervised release.
Information provided to law enforcement indicated O’Keefe was involved in the distribution of more than 500 grams (approximately 18 ounces) of methamphetamine in the Lincoln area between May of 2017 and March of 2019.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Amarillo Drug Dealer Who Sold Fatal Heroin Sentenced to 20 YearsRead the Press Release
An Amarillo drug dealer who sold a deadly dose of heroin has been sentenced to 20 years in federal prison, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Cynthia Marie Carrasco, 58, pleaded guilty in Federal District Court to possession with the intent to distribute heroin resulting in death.
On April 19, 2019, Amarillo Police Department officers were called to a hotel in Amarillo, Texas, to investigate a suspected heroin overdose. The deceased 33-year-old victim had been staying at the hotel with 37-year-old Jeffery Michael Smith.
According to court documents, Smith agreed to be interviewed by Amarillo Police Department narcotics agents where he admitted to buying heroin from Cynthia Carrasco for a period of time. Smith admitted that he purchased the heroin for his acquaintance used shortly before her death from Carrasco.
During a non-custodial interview with Carrasco at her home, she admitted that she knew Smith and had previously sold him heroin. Carrasco stated that she repackaged heroin into smaller quantities for sale. Carrasco allowed officers to seize her phone. On the phone, officers located evidence that Carrasco was purchasing heroin from Andrew Olguin. In a subsequent interview, Carrasco admitted that her heroin had killed the victim on the night of April 19, 2019.
Agents identified Austin Potts as suspect in the investigation. During an interview with agents, Potts admitted to delivering heroin to individuals for Carrasco.
Other co-defendants also received the following sentences for their involvement: Austin Ryan Potts, 26, 5 years, Andrew Olguin, 64, 10 years, Jeffrey Michael Smith, 37, 10 years.
The investigation was led by the Drug Enforcement Administration with the assistance of Randall County Sheriff’s department and the Amarillo Police Department. Assistant U.S. Attorney Anna Marie Bell is prosecuting the case.
Alleged Drug House in Charlotte is ForfeitedRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney R. Andrew Murray announced that, following a successful civil forfeiture proceeding, the U.S. Marshals Service, with the assistance of the Charlotte-Mecklenburg Police Department, has taken possession of a drug house at 2740 Lytham Drive in Charlotte (Lytham House), which is located roughly 450 feet from South Mecklenburg High School.
The United States’ forfeiture complaint alleged that the Lytham House was the site of significant and serious drug-related criminal activity and posed a threat to the safety and welfare of the surrounding neighborhood. According to court records, the Lytham House was the subject of seventy-nine calls for service to the Charlotte-Mecklenburg Police Department (CMPD) since 2013.
More specifically, according to allegations contained in the civil forfeiture complaint, the Lytham House was—in recent years—the site of, among other things: a drug-related double-homicide in which four people were shot; four separate drug overdoses; a first-degree arson where past residents burned down a shed on the property; the storage of a stolen vehicle with the knowledge and consent of at least one of the residents in order to aid with the theft; and numerous instances where law enforcement has found drugs, drug paraphernalia, and individuals in possession of drugs or using the Lytham House in conjunction with the trafficking of drugs. As a result of this activity, the U.S. Attorney’s Office used a provision of Title 21 designed to target narcotics residences in order to pursue forfeiture of the house.
In making today’s announcement, U.S. Attorney Murray thanked the U.S. Marshals Service, the U.S. Drug Enforcement Administration, and the Charlotte-Mecklenburg Police Department for their work on this case.
U.S. Attorney Murray said, “According to published news reports and interviews of neighbors, as well as the information set forth in the filed Complaint, this house was a scourge on a family-friendly neighborhood near a school. The U.S. Attorney’s Office, federal law enforcement, and CMPD will use all of the tools at their disposal—including but not limited to civil forfeiture—to remedy neighborhood problems caused by property owners who repeatedly allow and encourage criminal activity to plague Charlotte-area neighborhoods.”
Assistant United States Attorney Seth Johnson of the U.S. Attorney’s Office in Charlotte handled the proceedings. (Docket No. 3:20cv110).
Agency Village Man Sentenced to Federal Prison for Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that an Agency Village, South Dakota, man was sentenced on June 8, 2020, by U.S. District Judge Charles B. Kornmann.
Felix Duane Johnson, Jr., age 27, was sentenced to 30 months in federal custody, to be followed by 3 years of supervised release. Johnson was also ordered to pay $4,373 in restitution to the victim’s family and $100 to the Federal Crime Victims Fund.
According to court documents, on December 17, 2019, in Roberts County, Johnson unlawfully committed involuntary manslaughter, when a minor child in his care drowned in a bathtub. The victim was approximately 11 months old at the time of death.
Johnson was the only adult in the residence at the time the child drowned. He was the person responsible for taking care of the children in the home because his girlfriend, the victim’s mother, was working at the time the child drowned. Johnson admitted that the death of the child was his responsibility and was a result of his gross neglect and lack of due caution and circumspection. Johnson further admitted that while the child was in the bathtub unattended, he became distracted with his mobile phone and didn’t check on the child, which ultimately led to the drowning.
The investigation was conducted by Sisseton-Wahpeton Oyate Law Enforcement and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Johnson was remanded to custody to serve his sentence.
Monday 8 June 2020
Zapata man admits to fleeing checkpoint with 63 hidden in trailerRead the Press Release
LAREDO, Texas - A 30-year-old Zapata man has entered a guilty plea to conspiracy to transport aliens within the country, announced U.S. Attorney Ryan K. Patrick.
On Jan. 21, Leonidas Navarro drove a semi-truck and trailer combination through the Laredo North Border Patrol checkpoint on Interstate 35. Upon inspection, a K-9 alerted to the presence of contraband in the trailer. Navarro also could not provide a bill of lading for the goods he was supposedly transporting. He was then referred to secondary inspection.
However, rather than complying, Navarro increased his speed and drove through a fence and into a field before he ultimately crashed. He jumped out of the truck and attempted to flee, but was soon captured.
Authorities found a total of 63 aliens that had been hidden inside the truck. None were seriously injured during the crash.
U.S. District Court Judge Diana Saldaňa will impose sentencing at a later date, at which time Navarro faces up to 10 years in federal prison.
He has been and will remain in custody pending that hearing.
Immigration and Custom Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of Border Patrol. Assistant U.S. Attorney Paul Harrison is prosecuting the case.
Zachary Man Sentenced to 195 Months in Federal Prison for Production of Child PornographyRead the Press Release
United States Attorney Brandon J. Fremin announced that U.S. Chief Judge Shelly D. Dick sentenced Brian Normand, age 30, of Zachary, Louisiana, to serve 195 months in federal prison following his conviction for production of child pornography. The Court also ordered Normand to serve fifteen years of supervised release after imprisonment, and he must register as a convicted sex offender for life.
According to admissions Normand made during his plea, on or about August 29, 2015, Normand used his phone to create a video depicting a juvenile male under the age of 12 years old, engaging in sexually explicit conduct. Normand then utilized the internet to upload the video, via his Google accounts where he also stored other images of child pornography, to the servers of the Google Drive Photos file storage infrastructure.
U.S. Attorney Fremin stated, “This case highlights the commitment and efforts of the entire law enforcement community – federal, state, and local – to work together to protect our children from sexual predators. No child should ever suffer the horrors and indignities that this defendant inflicted upon the victim in this case. May this sentence serve as a stark reminder of the severe consequences that may await others inclined to engage in similar conduct. I am grateful for the excellent work of all those involved in bringing this defendant to justice.”
“Investigating individuals like Brian Normand is one of the highest priorities of the FBI. He violated innocent lives by sexually exploiting children and producing child sexual abuse material. This sentence is the culmination of an investigation conducted by Special Agents and Intelligence Analysts who worked tirelessly to bring him to justice,” stated Special Agent in Charge Bryan Vorndran.
This case is part of Project Safe Childhood, a nationwide initiative by the U.S. Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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.projectsafechildhood.gov.
This matter was investigated by the Federal Bureau of Investigation with substantial assistance provided by the East Baton Rouge Sheriff’s Office, Louisiana State Police, Louisiana Attorney General’s Office – Cyber Crime Unit, and the Department of Homeland Security. It was prosecuted by Assistant United States Attorney Jamie A. Flowers, Jr., who also serves as Deputy Criminal Chief.
Worcester Man Sentenced for Gun ViolationRead the Press Release
BOSTON – A Worcester man was sentenced today for being a felon in possession of a firearm and ammunition.
Christopher Brown, 35, was sentenced by U.S. District Court Judge Timothy S. Hillman to 41 months in prison and three years of supervised release. In February 2020, Brown pleaded guilty to being a felon in possession of a firearm.
On Nov. 25, 2018, Brown was arrested in Worcester for possession of a loaded Taurus .38 revolver and 4 rounds of ammunition. Brown is prohibited from possessing a firearm due to prior convictions punishable by more than one year in prison.
United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Worcester Police Chief Steven M. Sargent made the announcement. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Worcester Branch Office prosecuted 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.
Wilkinsburg Man with 2 Prior Drug Convictions in State Court Pleads Guilty to Distributing Heroin and Fentanyl AnaloguesRead the Press Release
PITTSBURGH, Pa. – A former resident of Wilkinsburg, PA, pleaded guilty in federal court to charges of violating the federal narcotics laws, United States Attorney Scott W. Brady announced today.
Shawn Bernard Nichols, 28, formerly of Wilkinsburg, PA, pleaded guilty to a 2-count Indictment charging him with distributing and possessing with intent to distribute heroin and fentanyl analogues (U-47700 and furanyl fentanyl) before Chief United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that on August 11, 2017, and August 17, 2017, the defendant distributed heroin and fentanyl analogues to confidential informant(s) working on behalf of law enforcement authorities in Washington County, Pennsylvania. The Court was advised that the investigation into Nichols was prompted following the August 2017 overdose death of a Canonsburg resident. In connection with that overdose, law enforcement seized stamp bags containing fentanyl analogues (U-47700 and furanyl fentanyl), which were marked "Wildcat". In connection with the plea, Mr. Nichols admitted that on August 11, 2017, he distributed "Wildcat" stamp bags containing those substances to an informant working with law enforcement. In a related filing with the Court, the government provided notice that Mr. Nichols was previously convicted in two prior cases from February and March 2014 in the Courts of Common Pleas of Washington and Allegheny Counties, of drug dealing and conspiracy.
Chief Judge Hornak scheduled sentencing for October 7, 2020, at 1:30 p.m. The law provides for a total sentence of up to 30 years in prison, a fine not to exceed $2,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history of the defendant. Pending sentencing, Mr. Nichols remains in the custody of the United States Marshals.
Assistant United States Attorney Jerome A. Moschetta is prosecuting this case on behalf of the government.
The Drug Enforcement Administration, the Washington County District Attorney’s Office Drug Task Force, and the Canonsburg Police Department, conducted the investigation that led to the prosecution of Mr. Nichols.
Webster Man Pleads Guilty to Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Glenn K. Smith, 52, of Webster, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison, and a fine of $250,000.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between November 25, 2019, and January 30, 2020, the defendant was in possession of 157 images and seven videos of child pornography on a cellular telephone. Smith was also in possession of 45 images and five videos containing child pornography on a tablet. Some of the images included prepubescent minors or minors under 12 years-old. The defendant also shared some of these images on a peer-to-peer network.
The plea is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Acting Special Agent-in-Charge Robert Guyton.
Sentencing is scheduled for September 1, 2020, at 11:00 a.m. before Judge Geraci.
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Wallingford Doctor Arrested for Selling Opioid Prescriptions for Cash, Health Care FraudRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, and Wallingford Police Chief William J. Wright today announced that a Wallingford doctor has been charged with federal controlled substances and health care offenses related to the illegal distribution of prescription medication.
On June 4, 2020, Dr. ANATOLY BRAYLOVSKY, 49, of Wallingford, was arrested on a criminal complaint. JENNIFER BOUSQUET, 36, of Wallingford, also was arrested for her involvement in the alleged scheme. Braylovsky and Bousquet appeared before U.S. Magistrate Judge Robert M. Spector via videoconference. Braylovsky was ordered detained and Bousquet was released on a $150,000 bond.
As alleged in court documents and statements made in court, Braylovsky is an internal medicine physician who has operated the Family Practice of Greater New Haven, LLC, located on North Main Street in Wallingford. Braylovsky’s practice accepted patients who are insured by Medicare, Medicaid and commercial insurance plans. Since approximately 2014, the DEA and the Wallingford Police Department have received complaints about Braylovsky’s prescribing practices. In early 2016, investigators from both the DEA Diversion Control Division and the Connecticut Department of Consumer Protection’s Drug Control Division notified Braylovsky that they were concerned about his prescribing practices and informed him that some of his patients had a criminal history. Through subsequent Connecticut Prescription Monitoring Program inquiries, investigators found that Braylovsky continued to prescribe a high quantity of opioid-based pills, as well as Alprazolam and Adderall, to a number of patients. Investigators also received information that some of Braylovsky’s patients, including Bousquet, received medically unnecessary prescriptions for these drugs and were then selling the pills for profit; that Braylovsky was selling prescriptions for large amounts of cash; and that some patients who had their prescriptions filled provided pills to Braylovsky.
It is alleged that, in approximately October 2019, HHS-OIG joined the investigation when it was discovered that Bousquet and other patients of Braylovsky were using their Medicaid or Medicare insurance to pay for medically unnecessary prescriptions. For at least three years, Bousquet has received from Braylovsky monthly prescriptions for 170 oxycodone 30mg pills, 75 Adderall 20mg pills, and 30 alprazolam 2mg pills.
It is further alleged that, during the investigation, law enforcement utilized a confidential source, who was both a patient of Braylovsky and an associate of Bousquet, to pay Braylovsky cash in exchange for receiving a prescription for oxycodone. On four occasions between October 2019 and January 2020, the source visited Braylovsky’s office, gave him $1,600 in cash, and received a prescription for 150 oxycodone 30mg pills. Even though Braylovsky performed no physical examination and did not discuss the source’s health, Braylovsky billed Medicaid for each office visit. In addition, the source provided Braylovsky with $1,600 in cash for a prescription during an office visit on March 18, 2020, and delivered $1,600 to Braylovsky’s car after a telehealth appointment on April 30, 2020. The appointment was conducted via FaceTime due to the COVID-19 pandemic. After each prescription was filled, DEA agents took the oxycodone pills into evidence. Medicaid paid for each filled prescription.
Between approximately January 2016 and May 2020, Medicare and Medicaid have paid more than $1.6 million for schedule II medications, including oxycodone, prescribed by Braylovsky. During that time, Medicare and Medicaid have also paid Braylovsky’s practice more than $590,000 for routine office visits.
Braylovsky and Bousquet are each charged with possession with intent to distribute controlled substances, and conspiracy to possess with intent to distribute controlled substances. Braylovsky is also charged with health care fraud and with making false statements relating to health care matters.
U.S. Attorney Durham stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This investigation is being conducted by the DEA New Haven Task Force, HHS-OIG’s Office of Investigations, FBI, Connecticut State Police, Connecticut Department of Consumer Protection – Drug Control Division, Connecticut Department of Public Health, Wallingford Police Department and Easton Police Department. The case is being prosecuted by Assistant U.S. Attorney John T. Pierpont, Jr.
Virginia man sentenced for role in a drug distribution operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Bryan Keith Presgraves, II, of Luray, Virginia, was sentenced today to 24 months incarceration for his involvement in a drug distribution conspiracy, U.S. Attorney Bill Powell announced.
Presgraves, age 22, pled guilty to one count of “Sale or Transfer to a Prohibited Person” in January 2020. Presgraves admitted to knowingly selling a bolt-action rifle to a person prohibited from having a firearm in March 2018 in Mineral County.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the West Virginia State Police, and the Potomac Highlands Drug & Violent Crimes Task Force investigated.
This prosecution was brought as a part of the Department of Justice’s Organized Crime Drug Enforcement Task Forces (OCDETF) Co-located Strike Forces Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations against a continuum of priority targets and their affiliate illicit financial networks. These prosecutor-led co-located Strike Forces capitalize on the synergy created through the long-term relationships that can be forged by agents, analysts, and prosecutors who remain together over time, and they epitomize the model that has proven most effective in combating organized crime.
Chief U.S. District Judge Gina M. Groh presided.
U.S. Attorney’s Office Charges Three for Looting of Neighborhood Pharmacy During Civil DisturbanceRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell Coleman today announced the charging of three individuals for Conspiracy to Commit Burglary Involving Controlled Substances.
“These charges have nothing to do with legitimate protest activity and everything to do with looting a neighborhood pharmacy,” said U.S. Attorney Russell Coleman. “This lawlessness places protestors, police, and near-by families at risk, and will be met with swift federal arrest and prosecution.”
Three defendants, Jean-Pierre Crowdus, 31, Frederick D. Eaves, 31, and Channel Lewis, 26, all of Louisville, Kentucky, have been charged in the criminal complaint.
According to the complaint, on Thursday, June, 4, 2020, at approximately 1:15 a.m. law enforcement officers were dispatched on a commercial alarm at the CVS drug store at 3130 Portland Avenue, Louisville, Kentucky.
Upon arrival, law enforcement witnessed Channel Lewis in the driver’s seat of a vehicle parked outside the pharmacy, and officers located defendants Crowdus and Eaves inside the store.
Video shows Eaves forcing entry into the CVS with a crowbar. Eaves and Crowdus entered the pharmacy. Once inside Eaves forced open the accordion-style pharmacy window and crawled through, searching the pharmacy and placing items into a trash bag. Eaves also attempted to force open the pharmacy safe with the crowbar. The video outside the store also shows defendant Lewis sitting outside the pharmacy in the car – acting as lookout and awaiting the group get-away.
A search of the vehicle by police revealed a Smith & Wesson M&P .40 caliber handgun located next to the driver’s seat, it was purchased in late July of 2019 in Louisville by another individual.
A federal complaint is a written statement of the essential facts of the offense charged and must be made under oath before a United States Magistrate Judge. The charge set forth in a complaint is merely an accusation and the defendant is presumed innocent until proven guilty.
The Federal Bureau of Investigation, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Louisville Metro Police Department are investigating the case.
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U.S. Attorney Pushes for Increased Response to Eradicate Sexual Harassment in Housing Amid COVID-19 CrisisRead the Press Release
MACON, Ga. – Charlie Peeler, the U.S. Attorney for the Middle District of Georgia, is urging law enforcement and community partners to join with the United States Attorney’s Office in eradicating sexual harassment in housing amid the ongoing COVID-19 pandemic. In a message sent to law enforcement and community partners across the Middle District last week, U.S. Attorney Peeler reminded stakeholders that sexual harassment by landlords, property managers, maintenance workers and others, with control over housing may violate the federal Fair Housing Act. The Department of Justice (DOJ), through the Civil Rights Division and United States Attorney’s Offices, remains unwavering in the enforcement of this vital statute.
“As a result of the COVID-19 public health crisis, many in our communities have found themselves out of work, furloughed, or otherwise in dire financial straits. As a result, folks have been forced to seek abatements or suspensions of their rent, or seek other accommodations during this time. While many landlords and housing providers have responded with understanding, there are reports that others have seen an opportunity to exploit the financially vulnerable through demands for sexual acts and other unwelcome sexual conduct. This appalling behavior is illegal and will not be tolerated,” stated U.S. Attorney Peeler in his message to law enforcement and community partners.
The Fair Housing act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. Sexual harassment is a form of sex discrimination under the Fair Housing Act. The Department of Housing and Urban Development (HUD) and DOJ are the federal agencies that enforce the Fair Housing Act, with each playing an important role. Both agencies have launched special initiatives focused specifically on combatting sexual harassment in housing.
The public is encouraged to report sexual harassment in housing to the DOJ’s Civil Rights Division by calling (844) 380-6178 or emailing [email protected]. To preserve their rights, individuals should also file a complaint with HUD through HUD’s website or by calling (800) 669-9777.
Launched in 2017, the Justice Department’s Sexual Harassment in Housing Initiative is an effort to combat sexual harassment in housing led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. For more information, please visit https://www.justice.gov/crt/sexual-harassment-housing-initiative.
Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
U.S. Attorney J. Douglas Overbey Announces $75,845 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 City of Kingsport received $75,845 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.
“As this country continues to fight COVID-19, our office remains committed to deterring, investigating, and prosecuting those who seek to take advantage of the COVID-19 pandemic. This funding will help many of the communities struggling in these trying times and provide some much-needed relief to our district,” 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 J. Douglas Overbey Announces $58,008 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 Anderson County received $58,008 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.
“As this country continues to fight COVID-19, our office remains committed to deterring, investigating, and prosecuting those who seek to take advantage of the COVID-19 pandemic. This funding will help many of the communities struggling in these trying times and provide some much-needed relief to our district,” 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 J. Douglas Overbey Announces $52,724 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 City of Johnson City received $52,724 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.
“As this country continues to fight COVID-19, our office remains committed to deterring, investigating, and prosecuting those who seek to take advantage of the COVID-19 pandemic. This funding will help many of the communities struggling in these trying times and provide some much-needed relief to our district,” 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 J. Douglas Overbey Announces $43,683 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 City of Morristown received $43,683 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.
“As this country continues to fight COVID-19, our office remains committed to deterring, investigating, and prosecuting those who seek to take advantage of the COVID-19 pandemic. This funding will help many of the communities struggling in these trying times and provide some much-needed relief to our district,” 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 Bill Powell announces $45,952 award to address COVID-19 pandemic in Marion CountyRead the Press Release
CLARKSBURG, WEST VIRGINIA – U.S. Attorney Bill Powell of the Northern District of West Virginia today announced that the Marion County received $45,952 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The grant, awarded to the Marion County is available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. Those jurisdictions can find out if they are eligible and 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.
“As many communities continue to work to keep residents safe, and to recover from the pandemic, this funding will assist Marion County with its response,” said Powell.
“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 in the use of 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 that were 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.
Two Out-of-State Men Sentenced to Federal Prison for Drug CrimesRead the Press Release
HUNTINGTON, W.Va. – Two out-of-state men were sentenced to federal prison today for drug crimes, announced United States Attorney Mike Stuart. Alonzo Wayne Clay, Jr., 31, of Austin, Texas, and Demaurea Davis, 23, of Akron, Ohio, were each sentenced to 70 months in prison and three years of supervised release.
“Carfentanil, which is an elephant tranquilizer, crack cocaine and ecstasy are off the streets and so are the perpetrators, thanks to the great work of the Huntington Police Department,” United States Attorney Mike Stuart said. “We’re taking back the streets of Huntington from out-of-state drug dealers -- one case at a time.”
Clay previously pled guilty to possession with intent to distribute crack cocaine. On September 18, 2019, he fled from officers in his vehicle. Once he stopped his vehicle, officers found approximately 25 grams of crack cocaine and 1,000 ecstasy pills in his vehicle. He admitted he intended to sell the crack cocaine and the ecstasy pills.
In an unrelated case, Davis previously admitted that while serving home confinement for a Cabell County sentence, he possessed approximately 40 grams of heroin and carfentanil in his residence. On January 29, 2018, officers searched his residence and located approximately 40 grams of heroin and carfentanil. Davis admitted that he intended to sell the heroin and carfentanil.
The Huntington Police Department conducted the investigations. United States District Judge Robert C. Chambers imposed the sentences. Assistant United States Attorney Stephanie Taylor handled the prosecutions.
The Davis investigation was part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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Two Defendants Charged with Gunpoint Robbery of Manhattan Jewelry Store While Impersonating NYPD OfficersRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that ISMAEL IGARTUA, a/k/a “Ismeal John,” a/k/a “John Igartua,” and JOSE RODRIGUEZ have been arrested for their participation in an armed robbery of a jewelry store in Manhattan on Saturday, June 6, 2020. IGARTUA and RODRIGUEZ were apprehended shortly after the robbery and were presented in Manhattan federal court before U.S. Magistrate Judge Debra Freeman today.
U.S. Attorney Geoffrey S. Berman stated: “As alleged, the defendants participated in a brazen daytime robbery, in which a victim was threatened at gunpoint and tied up. The defendants’ alleged scheme – impersonating NYPD officers and asking to check the victim’s firearm due to recent incidents of looting – took advantage of uncertain conditions in our community, preying on the fears of a small business owner and his trust in law enforcement. This alleged criminal conduct is intolerable, and thanks to the work of the NYPD and the FBI, the defendants face significant federal charges for their alleged crimes.”
NYPD Commissioner Dermot Shea said: “Posing as police officers to prey on a city business during an international pandemic, as alleged, is dangerous to civilians and law enforcement officers. Arrests like these highlight the indispensable work of our NYPD detectives, and federal partners, in ensuring justice for New Yorkers.”
FBI Assistant Director William F. Sweeney Jr. said: “Well done to the detectives and agents who worked to solve this quickly and bring justice to a business owner in the community. It speaks highly of the work done by the NYPD’s 19th Precinct Detective Squad and the FBI-NYPD Joint Major Theft Task Force that the only jewelry these men will wind up with are metal bracelets.”
According to the allegations in the Complaint[1]:
On the afternoon of June 6, 2020, IGARTUA and RODRIGUEZ robbed a jewelry store located on the Upper East Side of Manhattan. While dressed as and identifying themselves as NYPD officers, IGARTUA and RODRIGUEZ asked for permission to enter the jewelry store and requested to examine the store owner’s properly permitted firearm, claiming that, due to the recent looting of commercial establishments in New York, firearms were at risk of being stolen. Once the store owner gave IGARTUA and RODRIGUEZ his firearm, the robbers, who were armed with two firearms of their own, restrained and tied up the store owner, and stole his firearm and jewelry valued at over $150,000. IGARTUA and RODRIGUEZ were apprehended a short time later in a subway station several blocks from the jewelry store.
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IGARTUA, 59, of Queens, New York, and JOSE RODRIGUEZ, 59, of the Bronx, New York, are each charged with one count of robbery conspiracy, which carries a maximum sentence of 20 years in prison; one count of robbery, which carries a maximum sentence of 20 years in prison; one count of brandishing a firearm, which carries a maximum sentence of life in prison; and one count of being a felon in possession of a firearm, which carries a maximum sentence of 10 years in prison. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by a judge.
Mr. Berman praised the outstanding investigative work of the FBI-NYPD Joint Major Theft Task Force and the NYPD’s 19th Precinct Detective Squad.
The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Kaylan E. Lasky is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Troy Man Charged with Threatening Police over FacebookRead the Press Release
ALBANY, NEW YORK – Jahjuan Sabb, age 20, of Troy, New York, was arrested on Saturday and charged with threatening to attack the Troy Police Department during a demonstration that took place yesterday, June 7.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Sabb is charged by criminal complaint with making threats to injure another person, and also with distributing information pertaining to the manufacture of an explosive or destructive device with the intent that the information be used for, or in furtherance of, a crime of violence.
The complaint alleges that on June 5, Sabb made Facebook Live recordings in which he threatened to throw bricks at the Troy Police Department, Troy Police vehicles, and Troy City Hall, during a demonstration that took place yesterday in downtown Troy. The complaint alleges that he also offered instructions on how to make firebombs with the intent that they be used during the demonstration. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Sabb, who was arrested Saturday, appeared today before United States Magistrate Judge Christian F. Hummel, and was ordered detained pending a detention hearing on June 10.
If convicted on the charges set forth in the complaint, he faces up to 20 years in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI’s Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of state and local law enforcement agencies, including the Troy Police Department and New York State Police. The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Thomasville Felon Sentenced to Three Years in Prison for Possessing a FirearmRead the Press Release
Richard W. Moore, United States Attorney for the Southern District of Alabama, announces that Gerarde Rodiquez Madison (36 years old, of Thomasville, Alabama) has been sentenced to three years in prison following his guilty plea to possessing a firearm after having been convicted of a felony offense.
As part of his plea agreement, Madison admitted the following facts about this case:
On August 16, 2019, Thomasville Police Department was operating a sobriety checkpoint on Old Highway 43 in Thomasville. Just before midnight, a driver later identified as Madison was stopped at the checkpoint. When Madison rolled down his window, officers manning the checkpoint could smell the odor of marijuana emanating from the vehicle, and the officers could see what appeared to be marijuana in plain view. Thereafter, Madison was arrested on state marijuana possession charges.
Following his arrest, a search was done of Madison’s vehicle. Officers found a loaded Croatian-made handgun and ammunition in the vehicle. Prior to his possessing this handgun, Madison had two prior convictions for First Degree Possession of Marijuana, both in Clark County.
Madison admitted that he knowingly possessed the gun and that he knew such possession was prohibited due to his past felony convictions. Madison also agreed to the forfeiture of the firearm.
U.S. District Court Judge Terry Moorer sentenced Madison to 36 months in federal prison, to be followed by three years of supervised release.
This case was investigated by FBI-Mobile and prosecuted by Assistant U.S. Attorney Christopher Bodnar.
Tampa Man Indicted for Firearms Charge Relating to Non-Fatal ShootingRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return by a grand jury of an indictment charging Theodore Hall (42, Tampa) with possessing firearms and ammunition, after having been convicted of 18 felony offenses. If convicted, Hall faces a mandatory minimum sentence of 15 years, and up to life, in federal prison.
According to court documents, Hall fought with another man inside a Family Dollar Store, then chased the man in his vehicle, and fired three shots at the man, who was on foot in a residential area. Prior to the incident, Hall had 18 prior felony convictions, including six relating to cocaine, five relating to assault or battery, and one relating to opposing a law enforcement officer with violence.
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 Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tampa Police Department. It will be prosecuted by Assistant United States Attorney Natalie Adams.
This case is a 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.
Statement from United States Attorney Jay E. Town on Fallen Moody Police Lt. Stephen WilliamsRead the Press Release
“Fallen Moody PD Lt. Stephen Williams was laid to rest today. Law enforcement from around Alabama and the entire country gathered to pay tribute to a brother whose end of watch came much too soon. I was honored to be among them. We must forever remember his sacrifice in the protection and service to his community. My thoughts and prayers are with the Williams family, Moody PD, and all who knew him.”
Statement from Assistant Attorney General Eric Dreiband and Oregon U.S. Attorney Billy Williams on Oregon Governor’s Reopening Plan for Places of WorshipRead the Press Release
Assistant Attorney General for Civil Rights Eric Dreiband and U.S. Attorney for Oregon Billy Williams issued the following statement:
"We thank Governor Kate Brown for extending religious freedom protections to people of faith as part of Phase 2 of the Reopening Oregon Plan. Places of worship in counties that qualify for Phase 2 will be able, based on an order issued by the governor Thursday, to hold gatherings with social distancing and hygiene measures for up to 250 people, depending on the size of the facility. Phase 1 raised some concerns about discrimination against places of worship by limiting them to 25 congregants, regardless of social distancing and hygiene measures, while allowing restaurants and fitness classes to operate with no numerical cap so long as they engaged in social distancing and adhered to hygiene measures. Governor Brown’s new guidelines will allow places of worship that choose to reopen with the flexibility they need to serve their congregations while undertaking social distancing and hygiene protocols.
“The right to the free exercise of religion is one of our most cherished rights, and the Department of Justice is committed to ensuring that this right, and other fundamental rights, are preserved during the COVID-19 pandemic. As Attorney General Barr has stated, ‘even in times of emergency, when reasonable and temporary restrictions are placed on rights, the First Amendment and federal statutory law prohibit discrimination against religious institutions and religious believers.’ The Department of Justice will continue to prioritize Attorney General Barr’s Memorandum regarding Balancing Public Safety with the Preservation of Civil Rights.
“We look forward to continuing to work with Governor Brown, and other Governors”
Statement of U.S. Attorney Geoffrey S. Berman Responding to Statement Issued Today by Law Firm Representing Prince AndrewRead the Press Release
Today, Prince Andrew yet again sought to falsely portray himself to the public as eager and willing to cooperate with an ongoing federal criminal investigation into sex trafficking and related offenses committed by Jeffrey Epstein and his associates, even though the Prince has not given an interview to federal authorities, has repeatedly declined our request to schedule such an interview, and nearly four months ago informed us unequivocally – through the very same counsel who issued today’s release – that he would not come in for such an interview. If Prince Andrew is, in fact, serious about cooperating with the ongoing federal investigation, our doors remain open, and we await word of when we should expect him.
St. Paul Man Charged in Minneapolis Police Third Precinct ArsonRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal criminal complaint against BRANDEN MICHAEL WOLFE, 23, charging him with aiding and abetting arson at the Minneapolis Police Department’s Third Precinct. WOLFE will make his initial appearance on June 9, 2020, at 1 p.m. before Magistrate Judge Hildy Bowbeer in U.S. District Court in St. Paul, Minnesota.
According to the allegations in the complaint, on the night of May 28, 2020, the Minneapolis Police Department’s Third Precinct was overrun and heavily damaged due to vandalism and arson. Investigators identified multiple separate fires had been started in the building. On June 3, 2020, St. Paul police officers responded to a home improvement store in St. Paul after receiving a complaint that an individual, later identified as WOLFE, wearing body armor and a law enforcement duty belt and carrying a baton was trying to get into the store. According to employees, WOLFE had been employed as a security guard at the store but was fired earlier that day after referring to social media posts about stealing items from the Third Precinct. Officers located WOLFE and took him into custody. At the time of the arrest, WOLFE was wearing multiple items stolen from the Third Precinct, including body armor, a police-issue duty belt with handcuffs, an earphone piece, baton, and knife. WOLFE’s name was handwritten in duct tape on the back of the body armor. Law enforcement later recovered from WOLFE’s apartment additional items belonging to the Minneapolis Police Department, including a riot helmet, 9mm pistol magazine, police radio, and police issue overdose kit.
According to the allegations in the complaint, during a law enforcement interview, WOLFE admitted to being inside the Third Precinct the night of the arson, to taking property from the building, and to pushing a wooden barrel into the fire. WOLFE also identified himself in multiple witness photographs depicting WOLFE in front of the Third Precinct holding a police baton, with smoke and flames visible in the background. In his statement to law enforcement, WOLFE confirmed that he pushed a wooden barrel into the fire, knowing that it would help keep the fire burning. Investigators recovered from the scene charred metal barrel rings.
The ATF and FBI urge the public to report suspected arson, use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information specifically related to the Third Precinct fire or other business fires in the Twin Cities can call 1-888-ATF-TIPS (1-888-283-8477), email [email protected] or submit information anonymously via ReportIt.com. In addition to fires, the FBI is looking for people who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALLFBI (800-225-5324) or visit tips.fbi.gov.
This case is the result of an investigation conducted jointly by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the FBI, the St. Paul Police Department, the Minneapolis Police Department, and the Minnesota State Fire Marshal Division.
This case is being prosecuted by Assistant U.S. Attorneys Harry M. Jacobs and Joseph H. Thompson.
The charges contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defendant Information:
BRANDEN MICHAEL WOLFE, 23
St. Paul, Minn.
Charges:
- Aiding and abetting arson, 1 count
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Springfield Sex Offender Sentenced to 10 Years for Child PornographyRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Missouri, man with a prior conviction for transporting child pornography was sentenced in federal court today for another child pornography offense.
David Todd Beresky, 43, was sentenced by U.S. District Judge Brian C. Wimes to 10 years in federal prison without parole. The court also sentenced Beresky to a lifetime of supervised release following incarceration, and ordered him to pay a total of $24,000 in restitution to seven child victims.
On Dec. 2, 2019, Beresky pleaded guilty to possessing child pornography.
At the time of the offense, Beresky was on supervised release following his incarceration for a 2005 federal conviction of transporting child pornography. His probation officer learned he was working as a pizza delivery driver, which was not permitted. Beresky’s probation officer confronted him at work and inspected his cell phone. Beresky’s cell phone contained multiple images of child pornography.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the FBI and the Southwest Missouri Cyber Crimes Task Force.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Springfield Man Pleads Guilty to Meth Conspiracy, Faces at Least 15 Years in PrisonRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Missouri, man pleaded guilty in federal court today to his role in a large-scale methamphetamine conspiracy that involved multi-pound shipments of methamphetamine transported from Arizona to Missouri.
Gregory L. Hopper, 35, pleaded guilty before U.S. Chief Magistrate Judge David P. Rush to one count of conspiracy to distribute methamphetamine and one count of possessing firearms in furtherance of a drug-trafficking crime.
By pleading guilty today, Hopper admitted that he participated in a conspiracy to distribute at least 7.2 kilograms of methamphetamine in Greene, Christian, and Taney counties from June 2017 to March 18, 2019. Hopper also admitted that he possessed 15 firearms – including four assault rifles, 10 handguns and a shotgun – in furtherance of a drug-trafficking crime.
On Feb. 21, 2019, Springfield police officers executed a search warrant at Hopper’s residence. Officers seized 220 grams of black tar heroin, a Bulldog handgun, a Dan Wesson handgun, a Jimenez handgun, a Ruger handgun, a Romak-Romarm/Cugir 10/63 assault rifle, a Smith and Wesson assault rifle, an Anderson assault rifle, and a Strum assault rifle, a drug ledger, and a plastic bag that contained methamphetamine from one bedroom. Also found in the residence were additional firearms, including a Cobray .45/410 handgun, a Walther PPS handgun, a Rock Island handgun (reported stolen), a Ruger LCP handgun, a Stevens 12-gauge shotgun, a Glock 42 handgun, and a Glock 26 handgun. Officers found a total of 63 grams of methamphetamine in the residence. Officers seized $2,257 from a safe, $1,103 from a glass jar inside a bedroom closet, and $3,423 from Hopper’s wallet.
Hopper is the seventh defendant to plead guilty in this case.
Under federal statutes, Hopper is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Abram McGull II. It was investigated by the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HIS); the Branson, Mo., Police Department; the Christian County, Mo., Sheriff’s Department; the Ozark, Mo., Police Department; the Springfield, Mo., Police Department; the Missouri State Highway Patrol; the Silver City, N.M., Police Department; and the Oklahoma Highway Patrol.
Spanish Fort Woman Sentenced to Five Years Probation for Forging Prescriptions for HydrocodoneRead the Press Release
Richard W. Moore, United States Attorney for the Southern District of Alabama, announces that Lane Hamblin (40, of Spanish Fort) has been sentenced to five years probation after pleading guilty to obtaining hydrocodone using forged prescriptions.
As part of her plea agreement, Hamblin admitted the following facts about this case:
Prior to her arrest in this case, Hamblin worked as an office manager at a dental practice in Mobile County, where she was able to gain access to blank prescription papers in the fall of 2017.
Starting in October 2017, Hamblin began accessing the office’s computer system to create unauthorized hydrocodone prescriptions in the names of either actual or fictitious patients. Once a prescription was created in the computer system, Hamblin printed it out on the blank prescription papers, and then went back into the computer system to try to delete any trace of what she had done. Thereafter, Hamblin forged the name of one of the dentists who formerly practiced in that office. Finally, Hamblin filled the forged hydrocodone prescriptions at various pharmacies around Mobile and Baldwin County.
Between October 13, 2017 and her arrest outside the Publix Pharmacy in Daphne on November 6, 2019, Hamblin successfully acquired hydrocodone pills using forged prescriptions on approximately 170 occasions.
This case was investigated by DEA-Mobile, and prosecuted by Assistant U.S. Attorney Christopher J. Bodnar.
Scituate Man Charged in Project Guardian InvestigationRead the Press Release
PROVIDENCE – A Scituate man who is the subject of a domestic no-contact order and who is facing felony larceny charges in Rhode Island state court was arraigned before a federal court magistrate judge today, charged in a Project Guardian investigation with allegedly making false statements on a federal application to purchase two firearms.
Brandon Andreason, 31, appeared today before U.S. District Court Magistrate Judge Lincoln D. Almond on a federal criminal complaint charging him with making false statements in an application to purchase firearms, announced United States Attorney Aaron L. Weisman and Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Kelly D. Brady.
Project Guardian is the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.
It is alleged in court documents that Andreason, who is the subject of a domestic no-contact order and is facing multiple felony charges in Rhode Island state court, made false statements on a Bureau of Alcohol, Tobacco, Firearms, and Explosives federal application when attempting to purchase a handgun and a shotgun from a federally licensed firearms dealer.
It is alleged that Andreason answered no to questions that asked if he was under indictment or information in any court for a felony, or any other crime, for which he could be imprisoned for more than one year, and if he is the subject of a court order restraining him from harassing, stalking, or threatening a child or an intimate partner.
Andreason is currently awaiting trial in Rhode Island state courts on felony charges of larceny greater than $1,500 and less than $5,000, receiving stolen goods greater than $1,500 and less than $5,000, and possession of a stolen vehicle.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
This Project Guardian case is being prosecuted by Assistant U.S. Attorney Ronald R. Gendron.
Project Guardian draws upon the Department of Justice’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
The United States Attorney’s Office is prosecuting this case with support from the following Project Guardian partners: ATF, Scituate Police Department, and the Rhode Island Department of the Attorney General. For more information about Project Guardian, please see https://www.justice.gov/projectguardian .
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Savage Family Pharmacy to Pay $180,480 in Civil Penalties for Violations of the Controlled Substances ActRead the Press Release
HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that Savage Family Pharmacy, located in Waynesboro, Pennsylvania, has agreed to pay the United States $180,480 in civil penalties for allegedly failing to comply with recordkeeping and other requirements of the Controlled Substances Act. These alleged violations enabled the diversion of opioids from the pharmacy over an extended period of time.
The Controlled Substances Act, 21 U.S.C. sections 801 et seq. (CSA), was passed to combat illegal distribution and abuse of controlled substances, including prescription medications. The CSA’s recordkeeping and prescribing requirements are to prevent the diversion of controlled substances for illegal purposes. The CSA is enforced by the Drug Enforcement Administration’s Diversion Control Division, whose mission is to prevent, detect, and investigate the diversion of controlled pharmaceuticals and listed chemicals from legitimate sources while ensuring adequate and uninterrupted supply for legitimate medical, commercial, and scientific needs. Under the CSA, entities registered with the DEA who purchase, distribute, dispense, transfer, or sell controlled substances must comply with inventory and documentation requirements. Regulations promulgated under the CSA require that each DEA registrant, including pharmacies, maintain complete and accurate records of each substance manufactured, received, sold, delivered, dispensed or otherwise disposed of by the registrant. These requirements play a vital role in ensuring the appropriate handling, accounting, and distribution of controlled substances. Violations of the record-keeping requirements subject DEA registrants to civil monetary penalties.
According to the allegations, between 2015 and 2019, Savage Family Pharmacy did not adequately monitor the conduct of its employees, and failed to keep complete and accurate inventories and records regarding the receipt and dispensing of Schedule II controlled substances, including but not limited to oxycodone and hydrocodone. These alleged violations enabled the altering of incoming inventory counts, as well as the altering of dispensed counts of the controlled substances over an extended period of time. Inventories, when conducted, were not reconciled with the perpetual log. Additionally, pages of the perpetual log were removed, allegedly, by an employee diverting the controlled substances.
As a result of Savage Family Pharmacy’s alleged actions, tens of thousands of doses of controlled substances went unaccounted for and were potentially diverted for illicit purposes.
An act of employee theft of Controlled Substances at the pharmacy in May of 2019 led to the present civil investigation. Savage Family Pharmacy has since enhanced its recordkeeping and compliance program, including instituting a process of reconciling the inventories to the perpetual log, in response to concerns raised by the DEA in the course of this investigation. This settlement addresses the independent obligation of Savage Family Pharmacy to ensure it has systems in place adequate to prevent theft and fraudulent inventory and dispensing, as required by 21 U.S.C. §§ 827, 842, and associated regulations.
“There is no doubt that diversion and subsequent misuse and abuse of high powered opioids has been devastating to many communities throughout the United States, and the Middle District of Pennsylvania is no exception,” said U.S. Attorney Freed. “The ability to dispense powerful controlled substances carries with it the grave responsibility to appropriately monitor the receipt and distribution of those drugs. In the midst of a crisis, lax controls and shoddy record keeping is not only irresponsible, it is dangerous. I commend the owners of Savage Pharmacy for taking responsibility to correct these problems and ensure that they do not reoccur.”
“Pharmacists are entrusted with securing and properly documenting the dispensing of powerful prescription painkillers such as oxycodone so as to prevent illicit diversion,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “If Savage Family Pharmacy had maintained adequate records and controls they could have prevented or deterred the diversion of tens of thousands of opioids.”
This Settlement Agreement is neither an admission of liability by the pharmacy nor a concession by the United States that its claims are not well founded.
This case was investigated by Drug Enforcement Administration’s Diversion Control Division. The investigation was handled by Assistant United States Attorney, Tamara J. Haken and the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office.
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San Francisco Public Official and Contractors Charged with Crimes Related to Public Corruption and Money Laundering SchemeRead the Press Release
SAN FRANCISCO – Three more people have been charged with crimes related to an investigation into corruption in San Francisco’s City Hall, announced United States Attorney David L. Anderson; Federal Bureau of Investigation Special Agent in Charge John F. Bennett of the San Francisco Division; and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Kareem Carter. The three are San Francisco’s Fix-It Director and Director of the Mayor’s Office of Neighborhood Services, Sandra Zuniga; longtime employee of San Francisco’s Department of Public Works and now Chief Executive Officer and Vice President of San Francisco-based construction engineering firm AzulWorks, Inc., Balmore Hernandez; and San Francisco-based construction company owner Florence Kong.
The criminal charges all relate to the arrest and charging in January of San Francisco’s former Director of the Department of Public Works (DPW), Mohammed Nuru, on public corruption charges. Nuru was charged by criminal complaint for an alleged scheme to bribe a San Francisco Airport Commissioner. The complaint against Nuru also alleged he engaged in several additional schemes, including obtaining free and discounted labor and construction equipment from contractors to help him build a personal vacation home in Stonyford, Calif., while those contractors were also engaging in business with the City. The three complaints unsealed today provide numerous details of the charges leveled in the complaint against Nuru as well as a description of additional crimes that allegedly were committed.
“The federal investigation into City Hall corruption has not been sidetracked by Covid-19 or other recent traumatic events,” said U.S. Attorney Anderson. “Today’s criminal complaints will not be the last. To everyone with a piece of this corruption, again I urge you to help make things right for San Francisco. Run, don’t walk to the FBI, before it is too late for you to cooperate.”
The complaint against Zuniga, 44, of South San Francisco, alleges that she both knew about and benefitted from Nuru’s schemes. In addition, the complaint alleges Zuniga conspired for years with Nuru to launder the proceeds of his honest services wire fraud.
According to the complaint against Zuniga, she was Nuru’s longtime romantic partner and he described to her some of the illegal actions he took in his official position. For example, Nuru allegedly described to Zuniga the actions he took to benefit a billionaire in China who was developing a large multi-million dollar mixed-use project in San Francisco, in exchange for travel and lodging, high-end liquor, and other gifts and benefits.
Further, the complaint against Zuniga charges that she laundered proceeds from Nuru’s schemes in a variety of transactions over a period of several years. The complaint points out that from March 2014 to January 2020, Zuniga made over $135,000 in cash deposits, on top of her City of San Francisco paycheck. She also deposited over $8,000 in checks from associates of Nuru. During the same period, she then engaged in a variety of transactions that benefitted Nuru. For example, for more than three years, Zuniga paid the monthly mortgage on a portion of Nuru’s Colusa County vacation home. She allegedly did so by depositing approximately $1,000 in cash into her checking account almost every month, and then immediately writing a check for $1,000 to Nuru’s lender.
In another example of alleged money laundering, the complaint describes how Zuniga received a $5,000 check in September 2018 from a contractor who had extensive business with DPW and the City of San Francisco, and then used the funds to benefit Nuru. According to the complaint, Zuniga deposited the contractor’s check into her personal checking account and then executed a series of transactions through multiple banks, which the complaint alleges was for the purpose of concealing the source and nature of the payment. In one set of transactions, Zuniga allegedly paid a $2,400 construction bill on Nuru’s vacation home by writing a $2,500 check to herself, depositing it into another bank account, and then sending a check from that account to the contractor as soon as Nuru sent her the bill. Ultimately, according to the complaint, Zuniga sent an email to Nuru reporting to him how she had used the contractor’s $5,000 payment.
Further, the complaint against Zuniga describes how she benefitted from some of Nuru’s schemes. For example, Zuniga traveled with Nuru on a lavish two-week trip to South America in fall 2018, complete with business class flights and a stay at the Ritz-Carlton in Santiago, Chile, all paid for, or heavily subsidized by, a contractor doing business with the City.
The criminal complaint filed against Hernandez, 55, of Burlingame, describes how Hernandez used his relationship with Nuru to obtain advantages with the City for his construction engineering firm. Specifically, the complaint alleges that Hernandez established a continuing course of conduct in which tens of thousands of dollars in labor and materials were provided to Nuru in exchange for his assistance with public contracts and City approvals. In addition, the complaint alleges Hernandez sought Nuru’s assistance to obtain a long term supply contract and lease agreement with the City to operate an asphalt plant on land owned by the Port of San Francisco.
According to the complaint against Hernandez, Nuru owned two adjacent 10-acre parcels of land in Stonyford, Calif., on which Hernandez built a home and made other improvements. Hernandez and Nuru referred to the property as “the ranch.” Between late 2016 and the end of 2018, Hernandez allegedly supplied in excess of $250,000 in labor and materials to help Nuru build the home and make related improvements on the ranch. For example, the complaint describes how Hernandez supplied Nuru with more than $50,000 worth of tile and stone for the vacation home and then asked Nuru for help saving AzulWorks’ bid for a multi-million dollar project for which it had submitted an unqualified proposal. AzulWorks ultimately won that contract and, based on publicly available data, received more than $1.9 million from the City in connection with the project. The complaint also describes how Hernandez sought help from Nuru so that he could appeal an adverse DPW order preventing Hernandez’s company from removing trees at a job site on Van Ness Avenue.
With respect to Kong, 62, of Hillsborough, the complaint filed against her charges that she lied to FBI investigators during the probe of Nuru’s schemes. Kong owns two companies that do business with San Francisco: a construction company called Kwan Wo Ironworks and a construction debris recycling company called SFR Recovery Inc. The complaint describes recorded calls in which Kong sought to obtain business for her companies from DPW. In addition, the complaint alleges that Kong provided Nuru with cash, a Rolex watch worth more than $40,000, expensive meals, and the installation of a gate for his vacation home. Nevertheless, according to the complaint, Kong denied ever discussing business with Nuru. Kong also claimed that Nuru never helped her to obtain contracts with the City; this despite the fact that intercepted calls demonstrate that Nuru helped her with construction contracts for city facilities.
The charges contained in the criminal complaints against Zuniga, Hernandez, and Kong are mere allegations. As in any criminal case, each defendant is presumed innocent unless and until proven guilty in a court of law.
Zuniga is charged with one count of conspiracy to launder money, in violation of 18 U.S.C. § 1956(h). If convicted, she faces a maximum statutory penalty of 20 years in prison, a fine of $500,000 or twice the value of the property involved in the transactions, or both. Hernandez is charged with bribery, in violation of 18 U.S.C. § 666(a)(2). If convicted, the maximum statutory penalty is 10 years in prison and a fine of $250,000. Kong is charged with making false statements in violation of 18 U.S.C. § 1001(a)(2). If convicted, the maximum statutory penalty is five years in prison and a fine of $250,000. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing imposition of a sentence, 18 U.S.C. § 3553.
Kong and Hernandez made their initial appearances in federal court today before U.S. Magistrate Judge Laurel Beeler, and are expected to make another appearance before the magistrate judge on June 15th for further proceedings to finalize the size and type of bond the magistrate judge will require to secure their release. Zuniga is scheduled to make her initial appearance before Magistrate Judge Beeler on June 10, 2020.
The case is being prosecuted by the Corporate Fraud Strike Force of the U.S. Attorney’s Office. The case is being investigated by the FBI and IRS Criminal Investigation.
Repeat Domestic Violence Offender Sentenced to 30 Years in Federal Prison for Assault Against Wife on Ute Mountain Ute ReservationRead the Press Release
DURANGO – United States Attorney Jason R. Dunn today announced that David Sidney Wells, age 44, of Towaoc, Colorado, was sentenced to serve 360 months (30 years) in federal prison, followed by 10 years on supervised release, for committing a violent sexual and physical assault against his wife on the Ute Mountain Ute Indian Reservation. The FBI and Bureau of Indian Affairs joined in today’s announcement.
According to court documents, as well as facts presented during trial and sentencing, Wells became angry with his wife at their shared residence in Towaoc, Colorado, on the Ute Mountain Ute Indian Reservation. As his wife attempted to flee, Wells repeatedly dragged her by the hair away from the door and into a bedroom. There, Wells repeatedly struck his wife with a wooden club and kicked her in the stomach. Wells then sexually assaulted his wife before strangling her to unconsciousness and fleeing the scene. The victim’s injuries resulted in her being medically evacuated by airplane to a hospital in Lakewood, Colorado. At trial, an expert testified that the victim had a substantial chance of dying due to internal bleeding caused by the assault.
Prior to this offense, Wells had over a dozen prior convictions for assaultive conduct, to include at least two prior incidents where he assaulted his current wife. At the time of the assault, Wells had a warrant for his arrest from a case brought by the State of Colorado for Assault in the Second Degree by Strangulation, as an act of domestic violence, for an assault committed against his wife in August of 2018 at a park in Cortez, Colorado. Wells will serve his federal sentence consecutively to the four-year sentence imposed in the prior case, Montezuma Case 18CR276. After the jury’s verdict, Wells violated a Court imposed no-contact order by writing a seven-page letter to his wife.
“The brutality of Mr. Wells’ assault is almost unimaginable,” said U.S. Attorney Jason Dunn. “But with this sentence, it is all but certain that Mr. Wells’ legacy of violent abuse has come to an end. This sentence is also important because it sends a strong signal to perpetrators and tribal victims alike that the U.S. Attorney’s office will not tolerate such acts of domestic violence on tribal lands in Colorado and will aggressively prosecute them every time.”
The sentence was pronounced by U.S. District Court Judge Robert E. Blackburn. Wells appeared at the sentencing hearing in custody and was remanded at its conclusion. Wells was indicted by a federal grand jury on April 5, 2019 and was found guilty of Aggravated Sexual Abuse, Assault with the Intent to Commit Aggravated Sexual Abuse, Assault Resulting in Serious Bodily Injury, and Assault with a Dangerous Weapon, following a week-long trial on February 7, 2020.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs. The defendant was prosecuted by Assistant U.S. Attorneys Jeff Graves and R. Josh Player.
Reno Man Pleads Guilty to Stealing Hundreds of Surgical Masks from Veterans Affairs Medical CenterRead the Press Release
RENO, Nev. – Peter Lucas, 35, of Reno, pleaded guilty to stealing hundreds of surgical masks from a supply cart at the Ioannis A. Lougaris VA Medical Center in Reno, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada.
Lucas pleaded guilty Thursday before U.S. District Judge William G. Cobb to an information charging one count of theft in connection with health care. He is scheduled to be sentenced on September 9, 2020.
According to court documents and statements in open court, between March 19 and March 23, 2020, Lucas stole at least four boxes of surgical masks from the VA Medical Center. Officers of the Veterans Affairs Police Department obtained security footage that showed Lucas taking the boxes of surgical masks and concealing them under his clothes before exiting the building. Each box contained 50 masks. Lucas had been a compensated member of the Veteran Affairs’ work therapy program, which helps train, match, and support veterans for competitive jobs and to consult with business and industry regarding their specific employment needs.
The maximum statutory penalty for theft in connection with health care is one year in prison and a $250,000 fine. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes only. If convicted of any offense, the sentencing of a defendant will be determined by the Court, based on the advisory Sentencing Guidelines and other statutory factors.
The case is a product of an investigation by the VA Police Department. Assistant U.S. Attorney Peter Walkingshaw is prosecuting this case.
The public is urged to report suspected fraud schemes related to COVID-19 by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 1-866-720-5721 or via the NCDF web complaint form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form. For information about the Department of Justice’s efforts to stop COVID-19 fraud, visit www.justice.gov/coronavirus.
For the most up-to-date information on COVID-19, you may visit the Centers for Disease Control and Prevention (CDC) and WHO websites.
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Poplar man sentenced to prison for sexual contact with childRead the Press Release
GREAT FALLS—A Poplar man who admitted sexually abusing a child was sentenced today to four years in prison to be followed by five years of supervised release, U. S. Attorney Kurt Alme said.
Lloyd Wallace Youpee, 93, pleaded guilty in January to abusive sexual contact.
U.S. District Judge Brian Morris presided.
The prosecution said in court documents that the sexual contact occurred on or about February 2018 to December 2018 in Poplar on the Fort Peck Indian Reservation. Youpee had sexual contact with the victim, who was under the age of 12. Youpee initially denied touching the victim but then admitted to the sexual assault. During an interview with investigators, Youpee indicated that he did not want kids to be around him while he is drinking. He told investigators that he knows how he is, clarifying that he likes sex.
Assistant U.S. Attorney Cassady Adams prosecuted the case, which was investigated by the FBI and Fort Peck Tribes Department of Law and Justice.
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Operation X-Nation Update: Two Pennsylvania Men Enter Guilty Pleas to Federal Drug CrimesRead the Press Release
BLUEFIELD, W.Va. – Two Pennsylvania men pled guilty today for their participation in a drug trafficking operation in Mercer County, announced United States Attorney Mike Stuart. Sezar Hamilton, 39, pled guilty to conspiracy to distribute hydromorphone and Alonzo Wooden, 44, pled guilty to conspiracy to distribute cocaine and oxymorphone. Both men were charged as a result of a long-term, multi-state investigation known as Operation X-Nation.
“Drug traffickers are off the streets as a result of Operation X-Nation,” United States Attorney Mike Stuart said. “My office will continue to prosecute individuals and organizations that push and peddle their poisons in West Virginia.”
Hamilton admitted that between August 2017 and August 31, 2019, he participated in a drug trafficking organization (DTO) operating in Mercer County, West Virginia. During this time period Hamilton worked with other members of the DTO to acquire and distribute prescription pills in and around Mercer County, within the Southern District of West Virginia. More specifically, Hamilton admitted to selling hydromorphone pills to an individual he now knows was a confidential informant. Hamilton admitted that the informant would call another member of the DTO who would direct the informant to meet Hamilton or other members of the DTO at a specific location. That location was a trailer park in Princeton where the other member owned several trailers. When the informant arrived, Hamilton sold hydromorphone on at least two separate occasions.
Wooden admitted to operating in the same manner. He admitted that between August 2017 and August 31, 2019, he participated in the same drug trafficking organization as Hamilton and others. During this same time period, Wooden admitted to selling drugs on at least four separate occasions. He also admitted that confidential informants would call another member of the DTO, who would direct the informants on where to go. Again, the informants would go to specified locations or trailers owned by the other member of the DTO and then Wooden, or another member, would distribute the controlled substances. Wooden further admitted that on one occasion he distributed cocaine, and on three separate occasions he distributed oxymorphone.
Both Hamilton and Wooden face up to 20 years in federal prison and $1 million fine, to be followed by at least three years of supervised release when they are sentenced on September 14, 2020 in Bluefield.
Stuart commended the cooperative investigative efforts of the Drug Enforcement Administration (DEA), and the Southern Regional Drug and Violent Crime Task Force, which is composed of officers from the West Virginia State Police, the Mercer County Sheriff’s Department, the Princeton Police Department and the Bluefield Police Department. Each agency provided additional and essential support throughout this investigation.
Assistant United States Attorney Timothy D. Boggess is in charge of the prosecutions. The plea hearings were held before Senior United States District Judge David A. Faber.
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Omaha Woman Sentenced for Possessing Methamphetamine with Intent to DistributeRead the Press Release
United States Attorney Joe Kelly announced that Kayla Marie Miller, age 30, was sentenced in federal court today in Omaha, Nebraska, for possession with intent to distribute methamphetamine. Senior United States District Court Judge Laurie Smith Camp sentenced Miller to 120 months’ imprisonment. There is no parole in the federal system. After completing her term of imprisonment, Miller will begin a five-year term of supervised release.
Miller was previously convicted and sentenced to probation in Douglas County for her involvement in distributing methamphetamine in October 2018. While on probation, narcotic detectives with the Omaha Police Department became aware that Miller was still selling methamphetamine. On May 16, 2019, during a traffic stop, Miller was in possession of 19 grams of actual methamphetamine.
This case was investigated by the Omaha Police Department.
Niagara Falls Man Pleads Guilty to Selling FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Jake Seright, 40, of Niagara Falls, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to possessing with intent to distribute 40 grams or more of fentanyl. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum penalty of life in prison, and a fine of $8,000,000.
Assistant U.S. Attorney Misha A. Coulson, who is handling the case, stated that between October 2018 and June 2019, the defendant sold fentanyl and cocaine to an individual working with the Drug Enforcement Administration on five separate occasions. On July 19, 2019, investigators obtained a federal search warrant for Seright’s apartment on Zito Drive in Niagara Falls. In anticipation of executing that warrant, investigators conducted surveillance in the vicinity during the afternoon and evening hours of August 5, 2019. At approximately 11:20 p.m., a stop was conducted of the defendant’s vehicle. A quantity of marijuana was recovered from Seright, who was arrested at that time. The defendant was also in possession of approximately $500 in cash and $625 worth of money orders. On August 6, 2019, a search warrant was executed at Seright’s apartment. Investigators recovered a digital scale, suspected cocaine and fentanyl, cutting agents, a kilogram press, and a vacuum sealer with bags.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in Charge Ray Donovan, New York Field Division, and the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata.
Sentencing is scheduled for September 9, 2020, at 9:00 a.m. before Judge Skretny.
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Naval base trespasser sentencedRead the Press Release
BRUNSWICK, GA: The first of seven defendants in the April 2018 illegal entry and vandalism of Submarine Base Kings Bay was sentenced Monday in U.S. District Court.
Elizabeth McAlister, 80, of New London, Conn., was sentenced to time served – 17 months since her April 2018 arrest – on charges of Conspiracy, Destruction of Property on a Naval Installation, Depredation of Government Property, and Trespass by U.S. District Court Judge Lisa Godbey Wood, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. She also was ordered to pay $33,500 in restitution and to serve three years of supervised release.
McAlister and the other six defendants were found guilty on all charges after a four-day jury trial in October 2019.
“In recent weeks there have been dozens of peaceful protests held throughout the Southern District of Georgia as citizens exercised their constitutional right to peacefully assemble,” said U.S. Attorney Christine. “In contrast, the protesters at Kings Bay broke into a nuclear submarine base where they damaged and vandalized government property. Such violent, illegal behavior will not be tolerated.”
As admitted by the defendants during the trial, with their own videos of the activities shown to jurors, the seven entered an outer security fence at the naval installation after cutting a padlock from a gate during the late hours of April 4, 2018. Once inside, the group damaged and vandalized property inside the facility before being taken into custody by naval security personnel.
The case was prosecuted for the United States by Assistant U.S. Attorneys Karl Knoche, E. Greg Gilluly Jr. and Channell Singh, with assistance from Litigation Technologist Dean Athanasopoulos. Special Agents Thomas Kenney and Barry Clinedinst led the investigation for the Naval Criminal Investigative Service.
Muskogee Man Pleads Guilty to Failure to Register as Sex OffenderRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Yarnell Qudellious Payne, age 36, of Muskogee, Oklahoma entered a guilty plea to Failure To Register As Sex Offender, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(B) and 2250(a)(3), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both.
The Indictment alleged that from in or about November 2018, the exact date being unknown to the Grand Jury, until on or about January 29, 2019, in the Eastern District of Oklahoma, and elsewhere, the defendant, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act, after having received felony convictions from the State of Nebraska, in Lancaster County, on or about January 4, 2017, for Sexual Assault of a Child, Third Degree, traveled in interstate and foreign commerce and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act.
The charges arose from an investigation by the he United States Marshals Service.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Nalani Ching represented the United States at the change of plea hearing.