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Thursday 4 June 2020
Department of Justice Provides over $1M in Grants to Local Law Enforcement for Community Oriented PolicingRead the Press Release
Fairview Heights, Ill. – U.S. Attorney Steven D. Weinhoeft announced today that four local law
enforcement agencies will be receiving a total of more than $1 million in grant awards from the
Department of Justice’s Office of Community Oriented Policing Services (COPS) Hiring Program.
Community-oriented policing focuses on building ties and working closely with community members.
The following police departments in the Southern District of Illinois have been awarded COPS
funding:
Anna Police Department $125,000Brooklyn Police Department $123,044
Caseyville Police Department $125,000
Collinsville Police Department $750,000
These police departments were among 596 law enforcement agencies across the nation chosen to
receive COPS grants totaling $400 million. The funds are expected to provide financial support to
hire additional full-time law enforcement professionals and enhance local community policing
strategies and tactics.“The Department of Justice is committed to providing the police chiefs and sheriffs of our great
nation with needed resources, tools, and support. The funding announced today will bolster their
ranks and contribute to expanding community policing efforts nationwide,” said Attorney General
William P. Barr. “A law enforcement agency’s most valuable assets are the men and women who put
their lives on the line every day in the name of protecting and serving their communities.”U.S. Attorney Weinhoeft said, “We are a self-governing nation, which requires a relationship
between the government and the community that it serves. In these turbulent times, we see the
damage that occurs when those relationships are fractured. These grants reflect a substantial
commitment to help strengthen those bonds and provide support for the valuable work these police
departments are already doing for the communities they protect. For the residents of
Anna, Brooklyn, Caseyville, and Collinsville, this is very good news.”he COPS Hiring Program is a competitive award program intended to reduce crime and
advanc public safety through community policing by providing direct funding for the hiring of
career law enforcement officers. Applicants were required to identify a specific crime and disorder
problem focus area and explain how the funding will be used to implement community policing
approaches to that problem focus area. Forty-three percent of the awards announced today will focus
on violent crime, while the remainder of the awards will focus on a variety of issues, including
school-based policing to fund school resource officer positions, building trust and respect, and
opioid education, prevention, and intervention. The COPS Office received nearly 1,100 applications
requesting more than 4,000 law enforcement positions.
For additional information about the COPS Office, please visit https://cops.usdoj.gov/.Corrections officer charged with smuggling contraband into Oahu Community Correctional CenterRead the Press Release
HONOLULU, Hawaii – Jon Estabilio, Jr., 45, of Honolulu, Hawaii, was charged today by federal complaint with possession of a controlled substance with the intent to distribute, providing or possessing contraband in prison, and bribery of public officials. Estabilio has been remanded to federal custody pending further proceedings.
U.S. Attorney Kenji M. Price for the District of Hawaii announced that the complaint alleges that on June 3, 2020, Estabilio, an adult corrections officer at the Oahu Community Correctional Center (“OCCC”) was searched administratively after prison call information suggested Estabilio was smuggling contraband into the prison. Several packs of cigarettes, lighters, tattoo kits, and a total of 16 small zip lock baggies containing methamphetamine were found on Estabilio.
“The complaint in this case describes the egregious conduct of a corrections officer who chose to endanger the OCCC community rather than protect it, by smuggling the very same poison that destroys the lives of so many in our communities into OCCC. My office will not tolerate corrections officers who engage in such conduct and will aggressively prosecute those who do to the fullest extent of the law,” said U.S. Attorney Price.
"The alleged behavior will not be tolerated in our community. It is a FBI priority to investigate allegations of wrongdoing from those who have taken an oath to protect our citizens. We must always hold our law enforcement and corrections officers to the highest standards of accountability and integrity," said Federal Bureau of Investigation Special Agent in Charge Eli S. Miranda.
The charges in the complaint are merely allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This prosecution was investigated by the FBI. It is being prosecuted by Assistant U.S. Attorney Sean Van Demark.
Chicago woman pleads guilty to fraud in Southern District of GeorgiaRead the Press Release
SAVANNAH, GA: A Chicago woman pled guilty today in U.S. District Court for conspiring to steal the identities of three Savannah residents and a checking account of a Savannah-area corporation.
Ayondela Moore, 45, of Chicago, previously indicted for Conspiracy to Commit Bank, Mail and Wire Fraud, admitted to fraudulently obtaining debit and credit cards in the names of Savannah residents, and using those cards to make various purchases, including a roundtrip flight to Jamaica, purchases at an amusement park, and purchases at clothing, hardware and drug stores, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. Moore also admitted using a Savannah resident’s bank account to make a car insurance payment for Moore’s Mercedes-Benz SUV.
“This prosecution sends the message that people – no matter where they are located – will not defraud residents of South Georgia and get away with it,” said U.S. Attorney Christine. “Identity theft is a serious crime with disastrous consequences for its victims, and I will continue to ensure that these crimes are prosecuted.”
“This case confirms that anyone who preys on citizens’ identification for financial gain and to further their criminal activity will be held accountable,” said Secret Service Resident Agent in Charge Glen M. Kessler. “Our success in this case and other similar investigations is a result of the extraordinary work of our agents and our close relationship with our network of law enforcement partners.”
“This case highlights the cooperative spirit of the Inspection Service that spanned from the Chicago Division to the Miami Division,” said Antonio J. Gomez, Inspector in Charge of the U.S. Postal Inspection Service-Miami Division. “The Postal Inspection Service stands ready to assist its local, state and Federal partners in the investigation of suspects who misuse the United States Mail to victimize individuals.”
This investigation began with a report by one of the victims to the Savannah Office of the U.S. Secret Service. Victims of identity theft are encouraged to reach out to the Secret Service so that the perpetrators can be investigated and prosecuted.
This investigation was led by the U.S. Secret Service and the U.S. Postal Inspection Service, and prosecuted for the United States by Assistant U.S. Attorney Jonathan A. Porter
Charleston Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man has pled guilty to a gun crime, according to United States Attorney Mike Stuart. Dakota Santonia, 24, pled guilty to being a felon in possession of a firearm.
Santonia admitted that on January 20, 2019, he knowingly possessed a stolen Smith and Wesson Model 60-7 .38 special revolver and ammunition in Charleston, when he knew he had been previously convicted of first degree robbery and therefore was not allowed to possess that firearm or ammunition.
Santonia faces up to 10 years in prison when sentenced on October 21, 2020.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation. United States District Judge Irene C. Burger presided over the hearing. Assistant United States Attorney Negar M. Kordestani is handling the prosecution.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
These case also was part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted these cases with support from the Project Guardian partners noted above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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Charges against federal prison inmates reflect crackdown on continued illegal behavior by detaineesRead the Press Release
BRUNSWICK, GA: Nearly two dozen federal prison inmates are facing new charges for continued illegal behavior while incarcerated, potentially adding more time to their sentences.
A total of 20 inmates, all incarcerated at Federal Correctional Institution-Jesup in Jesup, Ga., have been charged in fiscal year 2020, with seven recently charged via Informations, said U.S. Attorney Bobby L. Christine. The charges range from assault on prison guards or other inmates, public indecency, and possession of contraband in the form of cell phones and narcotics. Two other defendants are charged with providing contraband to inmates.
“Corrections officers have a difficult, stressful job in protecting the health and safety of those incarcerated in federal prisons,” said U.S. Attorney Christine. “We hold seriously our duty to provide assistance by prosecuting those inmates who continue to violate the law while behind bars.”
Those charged, their charges, include:
Possessing Contraband in Prison (Cell Phones)
- Jared Thomas Bowers, 32, of Anchorage, Alaska. Bowers is incarcerated for drug trafficking, with a scheduled release of October 2023.
- Sean Butler, 40, of Bradenton, Fla. Butler is incarcerated for possession of cocaine with intent to distribute, with a scheduled release date of February 2023.
- Darrell Lee Byrd, Jr., 32, of Austin, Texas. Byrd is incarcerated for possession of cocaine with intent to distribute, with a scheduled release date of January 2026.
- Leroy Chappell, Jr., 43, of Macon, Ga. Chappell is incarcerated for possession of cocaine with intent to distribute, with a scheduled release date of June 2022.
- Reynaldo Diaz, 42, of Miami, Fla. Diaz is incarcerated for possession of cocaine with intent to distribute, and possession of a firearm by a convicted felon, with a scheduled release date of September 2021.
- Yancey Garringer, 41, of Miramar Beach, Fla. Garringer is incarcerated for possession of cocaine with intent to distribute, with a scheduled release date of September 2021.
- Clarence Goree, 45, of Chicago. Goree is incarcerated for conspiracy to possess a controlled substance with intent to distribute, with a scheduled release date of March 2029.
- Walter Johnson, 46, of Fort Walton, Fla. Johnson is incarcerated for possession of cocaine with intent to distribute, with a scheduled release date of December 2023.
- David Muniz, 36, of Covington, Ky. Muniz is incarcerated for conspiracy to distribute heroin, with a scheduled release date of April 2020.
- David Needom, 43, of Cartersville, Ga. Needom is incarcerated for possession of a firearm during a drug trafficking crime, with a scheduled release date of March 2021.
- Robert White, 37, of Manning, S.C. White is incarcerated for conspiracy to possess cocaine with intent to distribute, with a scheduled release date of October 2028.
- Durrell Williams, 34, of Queens, N.Y. Williams is incarcerated for possession of cocaine with intent to distribute, with a scheduled release date of April 2024.
- Miguel Lopez, 33, of Miami, Fla. Lopez is incarcerated for possession of a machine gun, with a scheduled release date of February 2021.
- Christopher Woods, 41, of Washington, D.C. Woods is incarcerated for armed robbery, with a scheduled release date of September 2023.
Possessing/Providing Contraband in Prison (Narcotics)
- Jamohl Swann, 39, of Indian Head, Md. Swann is incarcerated for possession of cocaine with intent to distribute, with a scheduled release date of June 2023.
- Julio Lopez, 46, of Miami, Fla. Lopez is incarcerated for possession of a firearm by a convicted felon, with a scheduled release date of October 2027.
- Angela Satterwhite, 43, of Indian Head, Md., is charged with providing contraband in prison. The charge carries a possible penalty of up to five years in federal prison.
- Margie Izquierdo, 45, of Hialeah, Fla., is charged with providing contraband in prison. The charge carries a possible penalty of up to five years in federal prison.
Assault
- Dennis Ogburn, 50, of Chicago. Ogburn is incarcerated for conspiracy to distribute cocaine, with a scheduled release date of November 2025.
Public Indecency
- Berry Green, 26, Miami, Fla. Green is incarcerated for possession of a firearm by a convicted felon, with a scheduled release date of October 2033.
- Stephon Greene, 27, Manassas, Va. Greene is incarcerated for possession of cocaine with intent to distribute, with a scheduled release date of February 2026.
- Duwayne Jones, 44, Lake Worth, Fla. Jones is incarcerated for distribution of heroin, with a scheduled release date of March 2029.
The additional charges could add as much as five years to incarcerated defendants’ current sentences.
“We cannot let prisoners get the upper hand on corrections officers, putting their lives and the lives of other inmates in danger,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI wants to thank our partners, the Bureau of Prisons FCI-Jesup investigators, whose hard work was integral in making these charges possible.”
Criminal informations contain only charges; defendants are presumed innocent unless and until proven guilty.
The cases are being investigated by the FBI and the U.S. Bureau of Prisons Special Investigative Services at FCI-Jesup, and are being prosecuted for the United States by Assistant U.S. Attorney Joshua S. Bearden.
Buffalo Man Arrested and Charged with Brutally Beating, Raping, and Sex Trafficking Three VictimsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr., announced today that Michael McDonald, a/k/a George Jackson, a/k/a Rabbit, 41, of Buffalo, NY, was arrested and charged by criminal complaint with sex trafficking. The charge carries a mandatory minimum penalty of 15 years in prison and a maximum of life.
Assistant U.S. Meghan A. Tokash, who is handling that case, stated that in October 2017, the FBI began investigating the defendant for operating an illegal sex buying scheme by employing fraud, force and/or coercion. According to the complaint:
• McDonald recruited Victim 1 to “dance” and “strip” in Florida using Facebook, telling her she would not have to engage in prostitution. However, once Victim 1 traveled from Buffalo to Florida, the defendant raped her and forced her to in prostitution in both Florida and Buffalo. Victim continued to engage in sex acts for McDonald out of fear. The defendant also assaulted Victim 1 on numerous occasions.
• In January 2018, the Plantation, Florida Police Department responded to a residence after receiving a 911 call that an individual was being held against her will. Victim 2 was rescued from the house. Victim 2 told investigators that she met the defendant and flew from New York to Florida. Once in Florida, she said McDonald sexually assaulted her and forced her to perform sexual acts for money against her will. Victim 2 attempted to leave but the defendant stopped her and threatened to beat her if she attempted to leave again.
• In January 2017, Victim 3 was recruited on Snapchat through an individual she knew in her teenage years. Initially, McDonald lied to Victim 3 stating he could help her fulfill her dreams of becoming a singer and obtain custody of her children. The defendant event stated that he knew Beyonce. Shortly after meeting McDonald, Victim 3 told investigators the defendant allowed another man to rape her and made her feel that all she could do was work as a prostitute for him. McDonald controlled every aspect of her and life and isolated Victim 3 from her friends and family. The defendant also routinely beat, choked, and raped Victim 3.The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Assistant Director Marlin Ritzman, and the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Browning man sentenced in gun violence crimeRead the Press Release
GREAT FALLS—A Browning man who admitted firing a gun during a confrontation in Browning on the Blackfeet Indian Reservation was sentenced today to five years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Arthur Thomas Westwolf, Jr., 26, pleaded guilty in January to possession of a firearm in furtherance of a crime of violence.
Chief U.S. District Judge Brian M. Morris presided.
The prosecution said in court documents that Westwolf and another man, identified as John Doe, got into a confrontation on July 28, 2018 in front of a Browning residence. Westwolf returned to his truck and asked an occupant to give him his gun. Westwolf pulled a 9 mm caliber pistol from the truck and aimed it at Doe. Doe turned around and fled on foot. Westwolf then fired.
A witness reported the assault to law enforcement and said the vehicle left at a high rate of speed and headed toward East Glacier. Blackfeet Law Enforcement Services responded and located the vehicle, which was occupied by Westwolf and two others. All denied having the gun. Westwolf matched the description of the shooter, and he eventually admitted to firing the gun. The gun was located in the vehicle. When interviewed by federal investigators, Westwolf admitted to possessing the firearm and pointing it at the victim. He admitted to discharging the weapon but claimed he shot in the air.
Assistant U.S. Attorney Kalah Paisley prosecuted the case, which was investigated by the FBI and Blackfeet Law Enforcement Services.
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Brockton Man Charged with Illegal Possession of FirearmsRead the Press Release
BOSTON – A Brockton man was charged in connection with attempting to purchase six firearms from an undercover federal agent.
Rotchill Seme, 21, of Brockton, was arrested yesterday and charged with being a felon in possession of a firearm. Following an initial appearance today, Seme was detained pending a detention hearing scheduled for June 10, 2020.
According to the criminal complaint, beginning on May 25, 2020, Seme began texting with an uncover federal agent about purchasing multiple firearms. After meeting on May 27, 2020, Seme agreed to purchase six handguns from the undercover agent for $3,500. On June 3, 2020, Seme met the undercover agent in a Brockton fast food restaurant parking lot to conduct the transaction. As the meeting concluded, law enforcement approached to arrest Seme, who attempted to flee but was arrested. Seme, who was wearing an ankle GPS bracelet at the time of his arrest, is on parole following state convictions for various drug and firearms offenses and is therefore prohibited from possessing firearms and ammunition.
The charging statute provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelley D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division made the announcement today. Assistant U.S. Attorney David G. Tobin, of Lelling’s Major Crimes Unit, is prosecuting the case.
The details contained in the court documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Brewton Man Sentenced to 14 Months for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Timothy Felder, 47, of Brewton, Alabama, was sentenced today in federal court on a charge of failure to register as a convicted sex offender. Felder pled guilty to the charge in December of 2019.
According to court documents filed in connection with his guilty plea, Felder had previously been convicted of Incest in Fulton County, Georgia. As a result of that conviction, Felder was required to register as a sex offender for life. Felder was initially compliant with his registration conditions. On April 4, 2019, Felder requested permission to work for an amusement company that was temporarily set up in Atmore, Alabama. That request was denied by an Escambia County Sheriff’s detective. Felder was scheduled to report for address verification in June 2019 but did not report. Escambia County Sheriff’s detectives went to Felder’s address. Residents there told detectives that Felder had not lived there for approximately two months, and that he had told them he was leaving to work for the traveling amusement company. Felder was eventually located and arrested by members of the U.S. Marshal’s Service in Milton, Florida, on September 25, 2019. An employee of the amusement company reported that Felder had been working with them since March 2019 and had travelled to locations in Alabama, Tennessee, Kentucky, Indiana, Illinois, and Wisconsin. Felder did not register in any of those jurisdictions. Felder was interviewed and admitted to traveling out of state, failing to register in those states, failing to get permission to travel, and failing to attend registration appointments.
United States District Court Judge Terry Moorer imposed a sentence of 14 months imprisonment. The judge ordered that Felder serve a ten-year term of supervised release beginning upon his discharge from prison. Upon his release from prison, Felder will be required to undergo sex offender treatment and to register as a sex offender. Judge Moorer ordered that Felder pay $100 in special assessments.
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 and for information about internet safety education, visit www.usdoj.gov/psc
The case was investigated by the Escambia County Sheriff’s Office and the United States Marshal’s Service. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Kacey Chappelear.
Billings meth trafficker sentenced to prisonRead the Press Release
BILLINGS—A Billings woman who admitted methamphetamine trafficking charges was sentenced today to six years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Sarah Marie Guckeen, 37, pleaded guilty in February to conspiracy to possess with intent to distribute meth and possession with intent to distribute meth.
U.S. District Judge Susan P. Watters presided.
The prosecution said in court records that in March 2019, law enforcement received a call from a woman who said she had recovered some meth. Guckeen had called the woman the day before about a package she was expecting to be delivered to the woman's house. When the package arrived, the woman got suspicious, opened the package and found meth. The package contained about a pound of meth, which is the equivalent of 3,624 doses.
In an interview with agents, Guckeen admitted to being the intended recipient of the meth package and that she was going to be taking over distribution for another person, whose source of supply was in California. The source of supply had sent Guckeen the pound of meth.
Assistant U.S. Attorney Colin Rubich prosecuted the case, which was investigated by the FBI task force, the Eastern Montana High Intensity Drug Trafficking Area Task Force and the Billings Police Department.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Baltimore Felon Pleads Guilty to Illegal Possession of a FirearmRead the Press Release
Baltimore, Maryland – William Garland, age 30, of Baltimore, Maryland, pleaded guilty today to being a felon in possession of a firearm.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Timothy Jones of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Chief Melissa R. Hyatt of the Baltimore County Police Department.
According to his guilty plea, on January 4, 2019, Baltimore County’s Criminal Apprehension Support Team (CAST) executed an arrest warrant for Garland in connection with a theft that occurred on December 21, 2018. At the time of his arrest, officers recovered a loaded 9mm handgun from Garland’s right front jacket pocket. Garland had a previous felony conviction and was prohibited from possessing a firearm or ammunition. The gun was determined to have been stolen from a Virginia federal firearms licensee in February 2015.
Garland and the government have agreed that, if the Court accepts the plea agreement, Garland will be sentenced to six years in federal prison. U.S. District Judge George L. Russell, III has scheduled sentencing for July 30, 2020.
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. 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.
United States Attorney Robert K. Hur commended the ATF and the Baltimore County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Lindsey N. McCulley, who is prosecuting the case.
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Atlantic City Man Charged with RiotingRead the Press Release
CAMDEN, N.J. – An Atlantic County, New Jersey, man has been arrested on charges that he participated in a riot in Atlantic City on May 31, 2020, following a day of otherwise peaceful protests, U.S. Attorney Craig Carpenito announced today.
Carlos A. Matchett, 30, of Atlantic City, New Jersey, was arrested June 3, 2020, by special agents of the FBI and is charged by complaint with use of a facility of interstate and foreign commerce, namely, a cellular telephone, and the social media platform Facebook, with intent to participate in and carry on a riot. Matchett will make his initial appearance today by videoconference before U.S. Magistrate Judge Karen M. Williams.
According to the complaint:
During the evening of May 31, 2020, following protests in Atlantic City, a group of people engaged in a spree of rioting, destruction, and looting in and around the Tanger Outlets, an area known locally as “the Walk.” Police responded to the area and observed Matchett standing in the middle of a roadway shouting obscenities at law enforcement and enticing persons around him to join in looting. After Matchett refused orders to disperse, police arrested him. During a search, they found a knife, a hatchet, and a jar filled with gasoline inside a backpack that he was wearing.
Further investigation revealed that shortly before his arrest, Matchett made public postings on his Facebook page linking to a news article about looting in Philadelphia and remarking to others, “LET’S START A RIOT.” Matchett also posted a video on Facebook on May 31, 2020, that showed him encouraging and assisting others in the vicinity of the Tanger Outlets in Atlantic City to loot goods from smashed store fronts.
The charge in the complaint carry a maximum prison term of five years and a maximum fine of $250,000.
U.S. Attorney Carpenito credited special agents of the FBI’s Atlantic City Resident Agency, under the direction of Acting Special Agent in Charge Douglas Korneski in Newark and the FBI’s Atlantic City Resident Agency’s Joint Terrorism Task Force, whose members include the Atlantic City Police Department and New Jersey State Police, with the investigation leading to today’s arrest. He also thanked officers of the Atlantic City Police Department, under the direction of Police Chief Henry White, for their assistance.
The government is represented by Assistant U.S. Attorney Gabriel J. Vidoni of the U.S. Attorney’s Office’s Criminal Division in Camden.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Armed Career Criminal Sentenced to 15 Years for Possessing A Firearm and AmmunitionRead the Press Release
Tampa, Florida – U.S. District Judge Virginia Hernandez Covington today sentenced Surrodrick McCobb (45, Sarasota) to 15 years in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered McCobb to forfeit the firearm and ammunition used in the offense.
McCobb had pleaded guilty on January 24, 2020.
According to court documents, on November 9, 2018, deputies from the Sarasota County Sheriff’s Office served a search warrant at McCobb’s home and recovered a loaded firearm and a box of ammunition from a drawer in the master bedroom. A fingerprint analyst matched McCobb’s fingerprint to a fingerprint that a crime scene technician had lifted from the box of ammunition. At the time, McCobb had previously been convicted of several felonies and is therefore prohibited from possessing firearms or ammunition.
This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Charlie D. Connally.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Arkansas Project Manager Charged in Oklahoma with COVID-Relief FraudRead the Press Release
TULSA, Okla. – A project manager employed by a major retailer was charged in a complaint unsealed today for allegedly filing fraudulent bank loan applications seeking more than $8 million in forgivable loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Trent Shores for the Northern District of Oklahoma, Acting Deputy Inspector General Richard Parker of the Federal Housing Finance Agency Office of Inspector General (FHFA OIG) and Inspector General Jay N. Lerner of the Federal Deposit Insurance Corporation Office of Inspector General (FDIC OIG) and Inspector General Hannibal “Mike” Ware of the Small Business Administration Office of Inspector General (SBA OIG) made the announcement.
Benjamin Hayford, 32, of Centerton, Arkansas, was charged in a federal criminal complaint filed in the Northern District of Oklahoma with wire fraud, bank fraud, making false statements to a financial institution, and making false statements to the SBA.
Hayford allegedly sought millions of dollars in forgivable loans guaranteed by the SBA from multiple banks by claiming fictitious payroll expenses. To support his applications, Hayford allegedly provided lenders with fraudulent payroll documentation purporting to establish payroll expenses that were, in fact, non-existent. In addition, Hayford represented to a financial institution that the Limited Liability Partnership for which he applied for relief was established in January 2020 and was operating as of Feb. 15, 2020. In fact, a search of the contents of Hayford’s email account revealed that Hayford did not create the partnership until April 2020, several days before he began applying for Paycheck Protection Program (PPP) loans.
“It is disgraceful that anyone would exploit loans meant to protect America’s small business owners during this public health crisis,” said U.S. Attorney Trent Shores. “Unfortunately, COVID-fraudsters are out there and active. Their victims are people who perform the back-breaking and emotionally challenging work to live their dream as a business owner and give back to their communities. My Coronavirus Anti-Fraud Team is more than capable to hold individuals accountable for illegally taking money from our financial institutions and from hard working Americans.”
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1 percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within eight weeks of receipt and use at least 75 percent of the forgiven amount for payroll.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Deputy Chief Brian R. Young of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Victor A.S. Régal for the Northern District of Oklahoma are prosecuting the case. The U.S. Attorney’s Office for the Western District of Arkansas provided valuable assistance in this matter.
The Justice Department acknowledges and thanks the FHFA OIG, the SBA OIG, and the FDIC OIG for their efforts investigating this mater.
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.
Arkansas Project Manager Charged in Oklahoma with COVID-Relief FraudRead the Press Release
A project manager employed by a major retailer was charged in a complaint unsealed Wednesday for allegedly filing fraudulent bank loan applications seeking more than $8 million in forgivable loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Trent Shores for the Northern District of Oklahoma, Acting Deputy Inspector General Richard Parker of the Federal Housing Finance Agency Office of Inspector General (FHFA OIG), Inspector General Jay N. Lerner of the Federal Deposit Insurance Corporation Office of Inspector General (FDIC OIG) and Inspector General Hannibal “Mike” Ware of the Small Business Administration Office of Inspector General (SBA OIG) made the announcement.
Benjamin Hayford, 32, of Centerton, Arkansas, was charged in a federal criminal complaint filed in the Northern District of Oklahoma with wire fraud, bank fraud, making false statements to a financial institution, and making false statements to the SBA.
Hayford allegedly sought millions of dollars in forgivable loans guaranteed by the SBA from multiple banks by claiming fictitious payroll expenses. To support his applications, Hayford allegedly provided lenders with fraudulent payroll documentation purporting to establish payroll expenses that were, in fact, non-existent. In addition, Hayford represented to a financial institution that the Limited Liability Partnership for which he applied for relief was established in January 2020 and was operating as of Feb. 15, 2020. In fact, a search of the contents of Hayford’s email account revealed that Hayford did not create the partnership until April 2020, several days before he began applying for Paycheck Protection Program (PPP) loans.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1 percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within eight weeks of receipt and use at least 75 percent of the forgiven amount for payroll.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Deputy Chief Brian R. Young of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Victor A.S. Régal for the Northern District of Oklahoma are prosecuting the case. The U.S. Attorney’s Office for the Western District of Arkansas provided valuable assistance in this matter.
The Justice Department acknowledges and thanks the FHFA OIG, the SBA OIG, and the FDIC OIG for their efforts investigating this mater.
For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and WHO websites. The public is urged to report suspected fraud schemes related to COVID-19 (the Coronavirus) to the National Center for Disaster Fraud (NCDF) hotline by phone at (1-866-720-5721) or via an online reporting form available at www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Amesbury Man Previously Charged with Child Pornography Offenses Re-Arrested for Violating Conditions of ReleaseRead the Press Release
BOSTON – An Amesbury man who was previously charged with child pornography offenses was re-arrested today after allegedly violating his conditions of pretrial release.
Thomas Cross, 30, was arrested today for violating the conditions of his pretrial release by possessing devices with internet accessibility. Cross was ordered detained following a detention hearing in federal court in Boston this afternoon.
Cross was initially detained by a Magistrate Judge following his arrest on Nov. 15, 2018, on charges of possession, receipt, and distribution of child pornography. Cross appealed the order of pretrial detention to the District Court, who released Cross on July 17, 2019 on conditions which, among other things, prohibited him from accessing the internet, possessing pornographic material, and possessing internet-accessible devices.
Today, during a search at Cross’s home based on a CyberTip regarding the potential use of social media to exchange child pornography, Cross was found to be in possession of multiple cell phones and an internet-connected gaming console. The search of those devices is ongoing.
According to the charging documents, Cross’s pending charges stem from the Nov. 15, 2018 search of Cross’s home that resulted in the seizure of several electronic devices, which contained files depicting child pornography and chats between Cross and a person he identified as Desiree Daigle, in which they exchange various child pornography files. Some of the images depict an infant known to Daigle, allegedly taken in Daigle’s home. It is alleged that in the course of the chat, the two discussed plans for Cross to meet the child in person so that they could sexually abuse the child together. Both Cross and Daigle admitted to exchanging child pornography with each other. Daigle, who is in custody, has been separately charged with the sexual exploitation of children, and her case remains pending.
The charges of distribution and receipt of child pornography each provide for a mandatory minimum sentence of five years and up to 20 years in prison. The charge of possession of child pornography provides for a sentence of up to 20 years in prison. All of the charges provide for a minimum of five years and up to a lifetime of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistance was provided by the Amesbury Police Department. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Akron man sentenced to 8 years for possession with intent to distribute more than 800 grams of methamphetamineRead the Press Release
Justin E. Herdman, United States Attorney for the Northern District of Ohio, announced today that Jason D. Bivins, age 47, of Akron, was sentenced this week to a term of 97 months imprisonment after pleading guilty to possession with intent to distribute methamphetamine.
According to the indictment filed in this matter, on July 13, 2019, Bivins admitted to possession with intent to distribute approximately 892 grams of a mixture and substance containing methamphetamine.
This case was investigated by the Akron Police Department and the Akron Office of the FBI and was prosecuted by Assistant U.S. Attorney Damoun Delaviz and Henry F. DeBaggis, II.
Wednesday 3 June 2020
Worcester Man Charged with Civil Disorder and Possession of a Destructive DeviceRead the Press Release
BOSTON – A Worcester, Mass. man was arrested and charged today with civil disorder and possession of a Molotov cocktail during a demonstration over the death of George Floyd in Minneapolis, Minnesota. The incident occurred during demonstrations in the City of Worcester.
Vincent Eovacious, 18, has been charged with civil disorder, in that he attempted to obstruct or interfere with law enforcement officers engaged in responding to the violent demonstration in Worcester on June 1, 2020, and unlawful possession of firearm, namely a destructive device. Eovacious was arrested today after being released on bond following state charges, including possession of an incendiary device. He will appear in federal court in Worcester tomorrow.
“The right to protest is not the right to hurt police officers and destroy property,” said United States Attorney Andrew E. Lelling. “According to the complaint, this self-proclaimed anarchist built Molotov cocktails – homemade firebombs – to use during a demonstration honoring George Floyd. We will aggressively prosecute anyone who pursues violence under cover of peaceful protest.”
“This defendant was in possession of several Molotov Cocktails and appeared intent to use them as lethal devices against Police Officers while they were protecting the rights of protestors. This violent act puts the our entire community, protestors and first responders alike, at risk. I commend the outstanding work of the Worcester Police Department who acted swiftly and were able to arrest this individual before any harm could be done,” stated ATF Special Agent in Charge Kelly D. Brady.
“As alleged, the danger posed by Vincent Eovacious in this case was very real. The apparent intent to hurl Molotov cocktails at police officers who are risking their lives to protect the Constitutional rights of protesters and the safety of us all is utterly reprehensible,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Today’s arrest sends a clear message--when you are intent on conducting a violent act that breaks federal law, the FBI and our law enforcement partners will move with speed to hold you accountable. After all, this type of behavior puts our entire community in danger, and we simply will not let it go unaddressed.”
According to charging documents, on June 1, 2020, crowds gathered at various locations in Worcester to protest the recent death of George Floyd, including South Main Street. At approximately 10:00 p.m., a large crowd blocked traffic and began throwing objects in the direction of the police. As officers on scene gathered into a line formation, one officer observed a man dressed in a trench coat standing on top of a building at 848 Main Street which is clearly marked, “No Trespassing.” The man, later identified as Eovacious, allegedly yelled for the crowd below to kill the police and paced back and forth on the rooftop. The officer then observed Eovacious remove from a bottle from his satchel that appeared to contained liquid and attempt to insert a rag into the bottle while holding a silver object that the officer believed to be a lighter. Minutes later, officers observed Eovacious walking in the area of May and Main Streets, still carrying the satchel, and stopped him. According to court documents, officers searched the satchel and recovered three clear glass bottles with a slightly yellow liquid that smelled of gasoline, five white rags, one green lighter and one silver lighter. Eovacious stated that the liquid in the glass bottles was gasoline and that he was “with the anarchist group” and was “waiting for an opportunity.”
The civil disorder charge provides for a sentence of up to five years in prison, three years of supervised release and a fine $250,000. The charge of unlawful possession of a firearm provides for a sentence of up to ten years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling, ATF SAC Brady, FBI SAC Bonavolonta, and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorneys Greg Friedholm and Danial Bennett, of Lelling’s Worcester Branch Office, are prosecuting the case.
The details contained in the court documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Whitewright Accountant Sentenced for Federal Violations in Embezzlement SchemeRead the Press Release
SHERMAN, Texas – A 50-year-old Whitewright, Texas woman has been sentenced to federal prison for violations in the Eastern District of Texas, announced U.S. Attorney Stephen J. Cox and FBI Dallas Special Agent in Charge Matthew J. DeSarno today.
Beverly Diane Cross pleaded guilty on Dec. 4, 2019, to wire fraud and was sentenced to 102 months in federal prison today by U.S. District Judge Amos L. Mazzant III. She was also ordered to pay restitution in the amount of $620,408.14.
According to information presented in court, from 2015 through June 2019, Cross worked at MicroFab as its accountant. Cross abused her position of trust as the company’s accountant to embezzle funds from MicroFab. Cross falsified payroll data and other company documents to pay herself unearned salary amounts and undue expense reimbursements over a four-year period. During the last two years of her fraud scheme, the average monthly amount of money she embezzled from the company totaled around four times her monthly salary. In one instance, Cross bought a car from another MicroFab employee for her son, but stole the precise amount of money from MicroFab to purchase the car. Cross’s fraudulent actions resulted in a loss of approximately $620,000 to MicroFab and caused a considerable negative impact to the company and its employees, many of which suffered salary reductions, and two of which lost their jobs.
“The defendant methodically planned and executed a scheme to steal from her employer with total disregard for the company or her co-workers,” said U.S. Attorney Stephen J. Cox. “However, she failed to account for the tenacity and perseverance of not only our federal agents, but the very employers who trusted her.”
“The defendant’s decision to steal from her employer caused salary reductions, job loss, and erased the earnings the company worked to accumulate for over 35 years,” said FBI Dallas Special Agent in Charge Matthew J. DeSarno. “Financial crime is not a victimless crime. The FBI and our law enforcement partners will pursue anyone who uses their position of trust for personal gain.”
This case was investigated by the Federal Bureau of Investigation’s Frisco Resident Agency of the Dallas Field Office and prosecuted by Special Assistant U.S. Attorney Todd M. Blessing and Assistant United States Attorney Christopher A. Eason.
United States Joins Lawsuit against AECOM Alleging False Claims in Connection with Hurricane Disaster ReliefRead the Press Release
The United States has intervened in a whistleblower lawsuit against AECOM, an architecture and engineering firm based in Los Angeles, California, and certain disaster relief applicants, alleging that they violated the False Claims Act by submitting false claims to the Federal Emergency Management Agency (FEMA) for the repair or replacement of certain facilities damaged by Hurricane Katrina, the Justice Department announced today.
“FEMA plays a critical role in helping communities to recover from natural disasters,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “To ensure that FEMA can accomplish its mission and help those truly in need, the department will hold accountable those who seek to defraud FEMA by providing false information about their entitlement to assistance.”
Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and program rules, FEMA provided institutional applicants, such as schools and universities, with Public Assistance (PA) program funds for the repair or replacement of facilities damaged by Hurricane Katrina. Applicable rules, however, limit such funding to the amount required to restore damaged facilities to their pre-disaster condition, and the full cost of replacement is available only if repair estimates exceed a defined threshold.
AECOM received more than $300 million from FEMA between 2005 and 2019 as a technical assistance contractor in support of FEMA disaster response efforts on the Hurricane Katrina recovery. In this role, AECOM was responsible for conducting site evaluations and preparing and reviewing damage and repair estimates used to determine whether applicants were eligible for PA program funds. In particular, AECOM and the applicants were responsible for providing FEMA with truthful and accurate information regarding each facility’s pre-disaster design and all damage resulting from Hurricane Katrina.
The lawsuit alleges that, between 2007 through 2013, AECOM knowingly submitted false claims on behalf of applicants seeking PA program funds, including by using inflated repair estimates and other false information that improperly increased funding for applicants. In addition, the lawsuit alleges that certain applicants falsely certified the accuracy of the information and are thus jointly and severally liable for false claims prepared and submitted by AECOM on their behalf. The lawsuit further alleges that, by 2011, AECOM management was aware of systemic problems concerning the provision of false and inaccurate information to FEMA but failed to notify the government.
One of the recipients named in the lawsuit, Xavier University of Louisiana, has agreed to pay the United States $12 million to resolve its alleged role in the submission of false and misleading repair estimates prepared by AECOM on its behalf. According to the government’s allegations, Xavier improperly obtained PA program funds for its gymnasium, student center, and electrical grid that substantially exceeded the amounts it was entitled to receive under program rules. As part of the settlement, Xavier has agreed to cooperate with the department’s investigation of other parties and any related litigation.
“Federal disaster funds are an instrumental component in the effort to assist disaster victims with their recovery,” said the U.S. Attorney’s Office for the Eastern District of Louisiana. “The favorable resolution of this False Claims Act matter illustrates the collaborative efforts and firm commitment by our federal partners to use all available remedies to address signs of fraud, waste and abuse.”
“The Department of Homeland Security (DHS) Office of Inspector General will continue to identify and investigate disaster fraud schemes to ensure that taxpayer funds are properly spent to help disaster victims and rebuild affected communities,” said DHS Inspector General Dr. Joseph V. Cuffari. “We remain committed to working with our partners in the Department of Justice to root out waste, fraud and abuse.”
The lawsuit was originally filed under the qui tam or whistleblower provisions of the False Claims Act (FCA) by Robert Romero, an AECOM Project Specialist. The FCA permits private parties to file suit on behalf of the United States for false claims and to share in any recovery. The FCA also permits the United States to intervene in such an action, as it has done, in part, in this case. The whistleblower lawsuit is captioned United States ex rel. Robert Romero v. AECOM, Inc., et al., No. 16-cv-15092 (E.D. La.). As part of the resolution with Xavier, Mr. Romero received approximately $2.3 million.
The lawsuit is being handled by the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office for the Eastern District of Louisiana, with assistance from FEMA’s Office of Chief Counsel. Investigative support is being provided by the Department of Homeland Security’s Office of Inspector General, through its Major Fraud and Corruption Unit and New Orleans Resident Office.
The claims alleged in the lawsuit, including those resolved by Xavier, are allegations only, and there has been no determination of liability.
United States Joins Lawsuit against AECOM Alleging False Claims in Connection with Hurricane Disaster ReliefRead the Press Release
WASHINGTON – The United States has intervened in a whistleblower lawsuit against AECOM, an architecture and engineering firm based in Los Angeles, California, and certain disaster relief applicants, alleging that they violated the False Claims Act by submitting false claims to the Federal Emergency Management Agency (FEMA) for the repair or replacement of certain facilities damaged by Hurricane Katrina, the Justice Department announced today.
“FEMA plays a critical role in helping communities to recover from natural disasters,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “To ensure that FEMA can accomplish its mission and help those truly in need, the department will hold accountable those who seek to defraud FEMA by providing false information about their entitlement to assistance.”
Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and program rules, FEMA provided institutional applicants, such as schools and universities, with Public Assistance (PA) program funds for the repair or replacement of facilities damaged by Hurricane Katrina. Applicable rules, however, limit such funding to the amount required to restore damaged facilities to their pre-disaster condition, and the full cost of replacement is available only if repair estimates exceed a defined threshold.
AECOM received more than $300 million from FEMA between 2005 and 2019 as a technical assistance contractor in support of FEMA disaster response efforts on the Hurricane Katrina recovery. In this role, AECOM was responsible for conducting site evaluations and preparing and reviewing damage and repair estimates used to determine whether applicants were eligible for PA program funds. In particular, AECOM and the applicants were responsible for providing FEMA with truthful and accurate information regarding each facility’s pre-disaster design and all damage resulting from Hurricane Katrina.
The lawsuit alleges that, between 2007 through 2013, AECOM knowingly submitted false claims on behalf of applicants seeking PA program funds, including by using inflated repair estimates and other false information that improperly increased funding for applicants. In addition, the lawsuit alleges that certain applicants falsely certified the accuracy of the information and are thus jointly and severally liable for false claims prepared and submitted by AECOM on their behalf. The lawsuit further alleges that, by 2011, AECOM management was aware of systemic problems concerning the provision of false and inaccurate information to FEMA but failed to notify the government.
One of the recipients named in the lawsuit, Xavier University of Louisiana, has agreed to pay the United States $12 million to resolve its alleged role in the submission of false and misleading repair estimates prepared by AECOM on its behalf. According to the government’s allegations, Xavier improperly obtained PA program funds for its gymnasium, student center, and electrical grid that substantially exceeded the amounts it was entitled to receive under program rules. As part of the settlement, Xavier has agreed to cooperate with the department’s investigation of other parties and any related litigation.
“Federal disaster funds are an instrumental component in the effort to assist disaster victims with their recovery,” said the U.S. Attorney’s Office for the Eastern District of Louisiana. “The favorable resolution of this False Claims Act matter illustrates the collaborative efforts and firm commitment by our federal partners to use all available remedies to address signs of fraud, waste and abuse.”
“The Department of Homeland Security (DHS) Office of Inspector General will continue to identify and investigate disaster fraud schemes to ensure that taxpayer funds are properly spent to help disaster victims and rebuild affected communities,” said DHS Inspector General Dr. Joseph V. Cuffari. “We remain committed to working with our partners in the Department of Justice to root out waste, fraud and abuse.”
The lawsuit was originally filed under the qui tam or whistleblower provisions of the False Claims Act (FCA) by Robert Romero, an AECOM Project Specialist. The FCA permits private parties to file suit on behalf of the United States for false claims and to share in any recovery. The FCA also permits the United States to intervene in such an action, as it has done, in part, in this case. The whistleblower lawsuit is captioned United States ex rel. Robert Romero v. AECOM, Inc., et al., No. 16-cv-15092 (E.D. La.). As part of the resolution with Xavier, Mr. Romero received approximately $2.3 million.
The lawsuit is being handled by the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office for the Eastern District of Louisiana, with assistance from FEMA’s Office of Chief Counsel. Investigative support is being provided by the Department of Homeland Security’s Office of Inspector General, through its Major Fraud and Corruption Unit and New Orleans Resident Office.
The claims alleged in the lawsuit, including those resolved by Xavier, are allegations only, and there has been no determination of liability.
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U.S. Attorney’s Office Prosecuting Armed Felon from Tennessee Arrested During Louisville Protest and RiotsRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell Coleman today announced the federal prosecution of Tevin R. Patton for being a prohibited person in possession of a firearm. The federal criminal complaint asserts that the Memphis, Tennessee, man drew a firearm after curfew earlier this week in downtown Louisville.
“We cherish First Amendment-protected speech in Kentucky but will not tolerate outsiders traveling to Louisville to do harm to our city and its people,” said U.S. Attorney Russell Coleman. “This type criminal conduct puts both protestors and police at risk. Today’s outcome makes Kentuckians safer and results from outstanding collaboration between the FBI, ATF, U.S. Secret Service, and LMPD. At the direction of Attorney General Barr, we will utilize the framework of the FBI Joint Terrorism Task Force to identify, apprehend, and federally prosecute anyone who exploits peaceful protest for violence or to violate federal law.”
According to the criminal complaint, on Monday, June 1, 2020, at approximately 10:20 pm Patton was viewed by law enforcement who were conducting surveillance near South Fourth Street in downtown Louisville. During the surveillance, a U.S. Secret Service special agent observed Patton pull out a gun.
Law enforcement at the scene then dispersed the crowd with tear gas and flash bang devices, striking Patton with pepper balls once he was observed pointing the gun in the air. Upon being struck by the pepper balls, Patton ran to his car and fled the scene. Police then stopped Patton’s vehicle and located a Springfield Armory USA, model XDs-45, .45 caliber pistol in his vehicle, partially loaded with four rounds remaining in a ten round magazine.
In 2013, Patton pleaded guilty to Aggravated Burglary, a felony, out of Tennessee. Additionally, in 2016 Patton pleaded guilty to aggravated assault, a felony, out of Tennessee. In 2016, Patton was charged with 4th Degree Domestic Violence and Fleeing or Evading Police, 1st Degree.
If convicted at trial, the maximum sentence for being a convicted felon unlawfully possessing a firearm is no more than ten years in federal prison, a $250,000 fine, and three years of supervised release. There is not parole in the federal system.
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.
This case is being prosecuted by Assistant United States Attorney Josh Judd. The United States Secret Service, the Federal Bureau of Investigation, 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’s Office Announces South Carolina Law Enforcement Agencies Awarded More Than $8 Million for Hiring to Advance Community PolicingRead the Press Release
Columbia, South Carolina --- United States Attorney Peter M. McCoy, Jr., announced today that the Department of Justice awarded thirteen police departments throughout South Carolina more than $8 million through the Department’s Office of Community Oriented Policing Services (COPS) Hiring Program, which allows those agencies to hire 63 additional full-time law enforcement professionals.
“I am thrilled that so many of our deserving local South Carolina partners earned these sought-after funds to boost the most critical tool in any police department: its people,” said U.S. Attorney Peter M. McCoy, Jr. “This will allow our sheriffs and police chiefs more officers to develop community partnerships, engage community leaders, and put other community policing features into place.”
The COPS Hiring Program (CHP) is a competitive award program intended to reduce crime and advance public safety through community policing by providing direct funding for the hiring of career law enforcement officers. In addition to providing financial support for hiring, CHP provides funding to state, local, and tribal law enforcement to enhance local community policing strategies and tactics.
The following thirteen law enforcement agencies in South Carolina earned awards:
- Bluffton Police Department received $250,000, which includes the ability to hire 2 officers;
- Camden Police Department received $326,644, which includes the ability to hire 3 officers;
- Charleston County Sheriff’s Office received $1,250,000, which includes the ability to hire 10 officers;
- Chester County Sheriff's Office received $1,015,824, which includes the ability to hire 6 officers;
- Chester Police Department received $382,963, which includes the ability to hire 3 officers;
- Chesterfield County Sheriff's Office received $395,089, which includes the ability to hire 4 officers;
- Conway Police Department received, $250,000, which includes the ability to hire 2 officers;
- Greeleyville Police Department received $97,124, which includes the ability to hire 1 officer;
- Hampton County Sheriff's Office received $367,989, which includes the ability to hire 3 officers;
- Hardeeville Police Department received $250,000, which includes the ability to hire 2 officers;
- Horry County Police Department received $1,875,000, which includes the ability to hire 15 officers;
- Myrtle Beach Police Department received $1,250,000, which includes the ability to hire 10 officers; and
- Spartanburg Police Department received $351,762, which includes the ability to hire 2 officers.
As recently announced by the U.S. Attorney General, across the country the Department awarded 596 law enforcement agencies more than $400 million, which allows those agencies to hire 2,732 additional full-time law enforcement professionals.
“The Department of Justice is committed to providing the police chiefs and sheriffs of our great nation with needed resources, tools, and support. The funding announced today will bolster their ranks and contribute to expanding community policing efforts nationwide,” said U.S. Attorney General William P. Barr. “A law enforcement agency’s most valuable assets are the men and women who put their lives on the line every day in the name of protecting and serving their communities.”
In a changing economic climate, CHP funding helps law enforcement agencies maintain sufficient sworn personnel levels to promote safe communities. Funding through this program had been on hold since the spring of 2018 due to a nationwide injunction that was lifted earlier this year.
CHP applicants were required to identify a specific crime and disorder problem focus area and explain how the funding will be used to implement community policing approaches to that problem focus area. 43 percent of the awards announced today will focus on violent crime, while the remainder of the awards will focus on a variety of issues including school-based policing to fund school resource officer positions, building trust and respect, and opioid education, prevention, and intervention. The COPS Office received nearly 1,100 applications requesting more than 4,000 law enforcement positions.
To learn more about CHP, please visit https://cops.usdoj.gov/chp. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
- Bluffton Police Department received $250,000, which includes the ability to hire 2 officers;
U.S. Attorneys and FBI in Mississippi Are Partnering with Federal, State, and Local Law Enforcement to Ensure Peaceful Protests and Protection of Life and PropertyRead the Press Release
Mike Hurst and Chad Lamar, United States Attorneys for the Southern and Northern Districts of Mississippi, respectively, and Michelle Sutphin, Special Agent in Charge of the Federal Bureau of Investigation, Jackson Field Office, announced today that their offices have been working with other federal, state, and local law enforcement agencies throughout Mississippi to protect our communities from violence and destruction while preserving the rights of citizens to freely speak and assemble per the First Amendment to the U.S. Constitution during this time.
In a statement on Sunday, May 31, 2020, U.S. Attorney General William P. Barr noted that federal law enforcement resources would be available to assist state and local leaders in their efforts to ensure peaceful protests and to reestablish law and order. Attorney General Barr said that federal resources will be directed at apprehending and charging the violent radical agitators who have taken over peaceful protests and are engaging in violations of federal law.
“What happened to George Floyd in Minnesota was heartbreaking and a travesty, but I am proud of the way Mississippians have responded by exercising their First Amendment rights peacefully. We will continue to protect people’s constitutional rights to speak and assemble. But I want to be very clear – we will not hesitate to prosecute those who break our laws and cause harm and destruction. Law and order will be maintained coequally with the lawful exercise of individual liberties. We took an oath to support and defend the American people and the Constitution, and we will continue to do just that,” said U.S. Attorney Hurst.
“Recent events have hurt and scarred our nation and people have every right to be angry,” remarked U.S. Attorney Chad Lamar. “We share the anger and disgust felt across our Country and the World. People understandably want their voices to be heard in the continued fight for justice and we support that right. We are thankful that so many Mississippians have come together to seek and promote justice in peaceful and productive ways. But, please continue to do so peacefully. As we scratch and claw our way out of the COVID-19 pandemic, the last thing we need is more violence and further loss.”
"The FBI will continue to utilize all of our resources and partnerships, both law enforcement and community, to ensure protection of First Amendment rights and the protection of our communities," said SAC Sutphin.
U.S. Attorney General Barr stated on Saturday, May 30, 2020, that the tragic events surrounding George Floyd’s death in Minnesota were being addressed swiftly through the regular process of the criminal justice system, both at the state and federal levels. Local charges have already been brought against a former Minneapolis police officer, and the U.S. Department of Justice and the FBI are also conducting an independent investigation.
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
U.S. Attorneys and FBI in Mississippi Are Partnering with Federal, State, and Local Law Enforcement to Ensure Peaceful Protests and Protection of Life and PropertyRead the Press Release
Mike Hurst and Chad Lamar, United States Attorneys for the Southern and Northern Districts of Mississippi, respectively, and Michelle Sutphin, Special Agent in Charge of the Federal Bureau of Investigation, Jackson Field Office, announced today that their offices have been working with other federal, state, and local law enforcement agencies throughout Mississippi to protect our communities from violence and destruction while preserving the rights of citizens to freely speak and assemble per the First Amendment to the U.S. Constitution during this time.
In a statement on Sunday, May 31, 2020, U.S. Attorney General William P. Barr noted that federal law enforcement resources would be available to assist state and local leaders in their efforts to ensure peaceful protests and to reestablish law and order. Attorney General Barr said that federal resources will be directed at apprehending and charging the violent radical agitators who have taken over peaceful protests and are engaging in violations of federal law.
“What happened to George Floyd in Minnesota was heartbreaking and a travesty, but I am proud of the way Mississippians have responded by exercising their First Amendment rights peacefully. We will continue to protect people’s constitutional rights to speak and assemble. But I want to be very clear – we will not hesitate to prosecute those who break our laws and cause harm and destruction. Law and order will be maintained coequally with the lawful exercise of individual liberties. We took an oath to support and defend the American people and the Constitution, and we will continue to do just that,” said U.S. Attorney Hurst.
“Recent events have hurt and scarred our nation and people have every right to be angry,” remarked U.S. Attorney Chad Lamar. “We share the anger and disgust felt across our Country and the World. People understandably want their voices to be heard in the continued fight for justice and we support that right. We are thankful that so many Mississippians have come together to seek and promote justice in peaceful and productive ways. But, please continue to do so peacefully. As we scratch and claw our way out of the COVID-19 pandemic, the last thing we need is more violence and further loss.”
"The FBI will continue to utilize all of our resources and partnerships, both law enforcement and community, to ensure protection of First Amendment rights and the protection of our communities," said SAC Sutphin.
U.S. Attorney General Barr stated on Saturday, May 30, 2020, that the tragic events surrounding George Floyd’s death in Minnesota were being addressed swiftly through the regular process of the criminal justice system, both at the state and federal levels. Local charges have already been brought against a former Minneapolis police officer, and the U.S. Department of Justice and the FBI are also conducting an independent investigation.
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
Two Convicted Felons Charged in Federal Court with Illegally Possessing Loaded Handguns in ChicagoRead the Press Release
CHICAGO — Two convicted felons have been charged with federal firearm offenses for allegedly illegally possessing loaded handguns in Chicago this past weekend.
KEVIN D. TUNSTALL, 29, of Oak Forest, and JOHNNIE L. LEE, 32, of Chicago, are each charged with one count of illegal possession of a firearm by a convicted felon. Tunstall and Lee were previously convicted of criminal felonies and were not lawfully allowed to possess a firearm. Initial court appearances in U.S. District Court in Chicago have not yet been scheduled.
The federal charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI; Kristen deTineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; and David Brown, Superintendent of the Chicago Police Department. Valuable assistance was provided by the Cook County State’s Attorney’s Office in bringing these charges. The government is represented in the Tunstall case by Assistant U.S. Attorney Shy Jackson, and in the Lee case by Assistant U.S. Attorney Shawn McCarthy.
Holding gun offenders accountable through federal prosecution is a centerpiece of Project Guardian and Project Safe Neighborhoods – the Department of Justice’s violent crime reduction strategies. Project Guardian focuses specifically on investigating, prosecuting, and preventing gun crimes, and it emphasizes the importance of using modern technologies to promote gun crime intelligence. In the Northern District of Illinois, U.S. Attorney Lausch and law enforcement partners have deployed the Guardian and PSN programs to attack a broad range of violent crime issues facing the district, including by prosecuting individuals who illegally possess firearms.
Tunstall and Lee were arrested separately this past weekend by Chicago Police officers.
Tunstall was arrested early Saturday morning near the 600 block of South State Street after officers observed him in possession of a loaded semiautomatic handgun while seated in a vehicle, according to the charges.
Lee was arrested late Sunday night after a vehicle he was driving crashed into a Chicago Police car near the 3200 block of North Southport Avenue, the charges allege. He was taken into custody while in possession of a loaded handgun. A city of Chicago curfew took effect at 9:00 p.m. Sunday, and Lee was arrested nearly two hours later.
The public is reminded that a complaint is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Illegal possession of a firearm by a convicted felon is punishable by up to ten years in federal prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Tennessee Man Faces Federal Arson Charges in Connection to Metro Courthouse Fire During ProtestRead the Press Release
A criminal complaint issued today charged Wesley Somers, 25, of Hendersonville, Tennessee, with malicious destruction of property using fire or explosives.
“The Department of Justice will vindicate the First Amendment rights of all Americans to speak, assemble and seek a redress of grievances from their government,” said Assistant Attorney General for National Security John C. Demers. “We cannot tolerate, however, those who would take advantage of moments of real anguish to endanger the innocent and destroy their property.”
“We will always vigorously defend the right of every individual to assemble and protest,” said U.S. Attorney Don Cochran for the Middle District of Tennessee. “This is one of our most sacred liberties guaranteed by the First Amendment of our Constitution. We will also vigorously pursue those who choose to exploit such assemblies and use violence and intimidation in order to change the dynamics of an otherwise peaceful protest.”
The criminal complaint alleges that on the afternoon of May 30, 2020, protesters gathered in downtown Nashville following the death of George Floyd in Minneapolis, Minnesota. Later in the evening, a number of persons gathered in front of Nashville City Hall, also known as the Metro Courthouse, and using various tools, including crowbars and other objects, began smashing the windows of the premises and spraying graffiti on the Courthouse facade. One or more fires were also set inside of the Courthouse at this time.
Numerous video clips and photographs of the destruction at the Courthouse were posted on social media websites, on the websites for news outlets, and on other Internet sites. Somers is depicted in video clips and photographs from that evening, shirtless and wearing beige cargo shorts. In those clips and photographs, Somers—whose distinctive chest tattoos portraying the words “WILD CHILD” and “HARD 2 Love,” among others, are occasionally visible — is depicted attempting to smash windows of the Courthouse with a long object. One photograph in particular, depicted Somers holding an unknown accelerant, which had been set on fire, and placing the accelerant through the window of the Courthouse. Somers is also depicted in a video clip setting fire to an accelerant and placing it inside a window located on the exterior of the Courthouse.
Somers was identified by the Metropolitan Nashville Police Department – Specialized Investigation Division, after receiving numerous tips from citizens, and was arrested on state arson charges on May 31.
If convicted, Somers faces a mandatory minimum of five years and up to 20 years in prison.
Assistant Attorney General Demers and U.S. Attorney Cochran commended the actions of concerned citizens and the efforts of the law enforcement agencies and prosecutors who worked to quickly identify and bring these charges, including the Metropolitan Nashville Police Department; the FBI; the Bureau of Alcohol, Tobacco, Firearms & Explosives; Assistant U.S. Attorney Ben Schrader; and Trial Attorney Justin Sher of the Department’s Counterterrorism Section.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Swiss Attorney Sentenced for Participating in Global Pump-and-Dump SchemeRead the Press Release
BOSTON – A Swiss lawyer was sentenced today in federal court in Boston in connection with participating in an international pump-and-dump scheme.
Matthew Ledvina, 46, was sentenced by U.S. District Court Judge William G. Young to 30 months of probation and ordered to pay a fine of $50,000. In February 2019, Ledvina pleaded guilty to one count of conspiracy to commit securities fraud.
In or about June 2017, Ledvina assisted his co-conspirators by creating nominee entities that were used to hold shares in Environmental Packaging Technologies Inc. (EPTI), a publicly-traded company. The nominee entities allowed the true owners of the shares to mask their identities and to secretly sell large quantities of EPTI shares, even as they and others simultaneously orchestrated promotional campaigns and other manipulative efforts to artificially inflate the price and trading volume of those shares.
Roger Knox, the operator of Silverton, a Switzerland-based asset management firm, was charged with helping to facilitate the EPTI pump-and-dump and other market manipulation schemes. During the pump-and-dump, Silverton sold approximately $1.5 million worth of EPTI stock before trading was halted by the Securities and Exchange Commission.
Knox previously pleaded guilty and is currently scheduled to be sentenced on Sept. 30, 2020.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. Assistant U.S. Attorney Eric Rosen of Lelling’s Securities and Financial Fraud Unit prosecuted the case.
Stockton Man Charged with Sexual Exploitation of a MinorRead the Press Release
SACRAMENTO, Calif. — A Stockton man was arrested on Tuesday and charged with production and distribution of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, from April to June 2020, Jonathan Thornton, 36, produced images depicting a seven-year-old engaged in sexually explicit conduct. He then distributed the images on a darknet website. Thornton operates a photography business called Thornton Photography.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Mira Chernick is prosecuting the case.
If convicted, Thornton faces a mandatory minimum of 15 years in prison, a maximum statutory penalty of 30 years in prison, and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Statement of U.S. Attorney Ron Parsons on Retirement of Rapid City Police Chief Karl JegerisRead the Press Release
Chief Jegeris represents the ideal of law enforcement excellence. Always professional, ever vigilant, always looking out for the safety, security, and best interests of the community and everyone in it. Rapid City will be benefiting from his positive vision and forward-thinking initiatives for years to come. It has been a true pleasure to work with him and to call him my friend. He will be greatly missed.
Statement from United States Attorney Jay E. Town on the Death of Moody Police Sergeant Stephen WilliamsRead the Press Release
BIRMINGHAM, Ala. – “Moody Police Sergeant Stephen Williams’ end of watch has come much too soon. Our condolences and prayers are with his family, friends, and fellow officers. His loss is a loss for all of Alabama. This serves as yet another heartbreaking and stark reminder of the perils encountered by law enforcement each day.”
St. Louis County Man Faces a Federal Firearms Charges in Connection to the Burglary of the Southside Pawn ShopRead the Press Release
St. Louis – Devante Coffie, 19, of Valley Park, Missouri, was charged by a federal complaint with stealing 32 handguns and two long guns at the Southside Pawn Shop. Coffie will appear in court on June 4, 2020, for his initial appearance in front of U.S. Magistrate Patricia Cohen.
According to the criminal complaint, on May 31, 2020, Coffie and another individual entered the Southside Pawn Shop via second story window after climbing onto the roof of a parked minivan. The two individuals broke the glass of an elevated window in order to gain entry into the pawnshop. While inside the shop, Coffie and the other individual fired their guns into multiple glass enclosures in order to get access to the firearms inside and removed them.
Coffie cut himself on the broken glass of the window that had been used to enter the building. Investigators identified Coffie after monitoring social media in attempt to find information about the burglary. Not only was he trying to sell the firearms on social media, but also a video showed Coffie’s hands had multiple bandages on them. At the time of his arrest, Coffie had in his possession one of the stolen firearms from the burglary.
If convicted of the theft of firearms from a federal firearms licensee, Coffie faces a maximum of 10 years in prison and a fine of $250,000.
These charges are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the St. Louis County Police Department. Assistant United States Attorney Donald S. Boyce is handling this case.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
St. Louis City Man Charged with Federal Firearm ChargesRead the Press Release
St. Louis – Christopher Thomas Gaston, 40, of St. Louis, Missouri, was charged by a federal complaint with being a felon in possession of a firearm. Gaston will appear in court on June 4, 2020 for his initial appearance in front of U.S. Magistrate Patricia L. Cohen.
According to the criminal complaint, during an ongoing investigation into the shooting of four St. Louis Metropolitan Police Department officers during the late night hours of June 1 and early morning hours of June 2, 2020, Gaston was determined to live in a condominium complex adjacent to the scene of the shooting. Witnesses reported seeing him with a firearm the evening of the shooting. Security camera footage confirmed the witnesses’ statements and showed Gaston carrying a long gun partially concealed by a blanket.
A search warrant was conducted at Gaston’s residence and agents found two firearms – a 12-gauge pump-action shotgun and a .380 caliber semiautomatic handgun. The handgun was loaded with five rounds of ammunition and a box of 45 additional rounds of .380 caliber ammunition for the handgun were seized. Gaston admitted to being a convicted felon and knowing he could not possess firearms.
If convicted, Gaston faces a maximum of 10 years in prison and a fine of $250,000.
These charges are the result of a joint investigation by the Federal Bureau of Investigation and the St. Louis Metropolitan Police Department. Assistant United States Attorney Jason Dunkel is handling this case.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Springfield Man Charged with Being a Felon in PossessionRead the Press Release
BOSTON – A Springfield man was charged yesterday with being a felon in possession of a firearm and ammunition.
Lavon Pemberton, 32, was charged by criminal complaint with one count of being a felon in possession of a firearm and ammunition. Pemberton will make an initial appearance in federal court in Worcester on Friday, June 5, 2020.
According to the charging documents, on May 14, 2020, Pemberton was stopped by law enforcement for speeding on the Massachusetts Turnpike while driving a rented vehicle. Law enforcement subsequently located a loaded firearm in the vehicle. Pemberton is currently on supervised release for a previous conviction in federal court of being a felon in possession of a firearm.
The charging statute provides for a sentence of up to 10 years in prison, up to three years of supervised release years and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelley D. Brady, Special Agent in Charge of the Bureau of alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Assistant U.S. Attorney Kristen Noto of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
South Carolina Man Pleads Guilty to Making a Bomb Threat to a Clinic and Lying to the FBIRead the Press Release
Jacksonville, FL – Rodney Allen, 43, of Beaufort, South Carolina, pleaded guilty in federal court in Jacksonville, Florida, to one count of intimidating and interfering with the employees of an abortion clinic by making a bomb threat and one count of making false statements to a Special Agent with the Federal Bureau of Investigation.
“People should be able to go to work and seek medical care without fear of violence,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division will continue to enforce the Freedom of Access to Clinic Entrances Act to protect patients and health care providers against threats of force.”
“Healthcare facilities, and those who receive their services, should be able to operate free from fear of threats or harm,” said United States Attorney Maria Chapa Lopez from the Middle District of Florida. “We will continue to work with our public safety partners to ensure that no one is prohibited from exercising their right to work or access to care.”
According to court documents, on August 29, 2019, Allen called the clinic in Jacksonville, Florida, and said that someone was coming to blow it up. Allen made several other calls to the clinic that day in an attempt to interfere with its ability to provide services. Employees recognized Allen’s voice and were concerned that he would do something desperate, so they enlisted the help of a Jacksonville Sheriff’s Office officer to search the property. The FBI obtained toll records and subscriber information for the number used to make the bomb threat to the clinic and positively identified Allen as the caller. In a voluntary and surreptitiously recorded interview with the FBI, Allen falsely denied calling the clinic and stating that someone was coming to blow it up.
This case was investigated by the FBI’s Columbia and Jacksonville Divisions. Assistant United States Attorney Ashley Washington of the U.S. Attorney’s Office for the Middle District of Florida and Trial Attorneys Sanjay Patel and Anna Gotfryd of the Justice Department’s Civil Rights Division are prosecuting the case.
Senior Executives at Major Chicken Producers Indicted on Antitrust ChargesRead the Press Release
Note: The defendants in this case, Jayson Penn, Roger Austin, Mikell Fries, Scott Brady, and William Lovette, were acquitted by a jury of the charges alleged in the indictment.
A federal grand jury in the U.S. District Court in Denver, Colorado, returned an indictment against four executives for their role in a conspiracy to fix prices and rig bids for broiler chickens, the Department of Justice announced.
“Particularly in times of global crisis, the division remains committed to prosecuting crimes intended to raise the prices Americans pay for food,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “Executives who cheat American consumers, restauranteurs, and grocers, and compromise the integrity of our food supply, will be held responsible for their actions.”
The one-count indictment charges four current and former senior executives from two major broiler chicken producers with conspiring to fix prices and rig bids for broiler chickens. Broiler chickens are chickens raised for human consumption and sold to grocers and restaurants.
According to the indictment, from at least as early as 2012 until at least early 2017, Jayson Penn, Roger Austin, Mikell Fries, and Scott Brady conspired to fix prices and rig bids for broiler chickens across the United States. Penn is the President and Chief Executive Officer, and Austin is a former Vice President, of a chicken supplier headquartered in Colorado. Fries is the President and a member of the board, and Brady is a Vice President, of a broiler chicken producer headquartered in Georgia.
“The FBI will not stand by as individuals attempt to line their pockets while hard-working Americans and restaurant owners are trying to put food on their tables,” said Timothy R. Slater, Assistant Director in Charge of the FBI’s Washington Field Office. “Today’s announcement shows the FBI’s commitment to investigating allegations of price fixing so that the perpetrators can be held accountable.”
“Rigging bids and fixing prices hurts consumers and undermines our economic system,” said Peggy E. Gustafson, Inspector General of the Department of Commerce. “We are committed to working with our law enforcement partners to root out those who take advantage of the American public’s trust.”
“We appreciate the commitment and investigative partnership with the Department of Justice’s Antitrust Division, the Federal Bureau of Investigation, and the Department of Commerce, Office of Inspector General,” said Special Agent in Charge Bethanne M. Dinkins of the U.S. Department of Agriculture (USDA), Office of Inspector General (OIG). “Ensuring the integrity of competition in agricultural markets in order for producers to receive competitive prices for their products, and to prevent consumers from being cheated, is of the utmost importance to USDA OIG, and we will continue to dedicate resources to the investigation of matters involving such potential of competitive harms.”
Penn, Austin, Fries, and Brady are the first to be charged in an ongoing criminal investigation into price fixing and bid rigging involving broiler chickens.
An indictment alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The offense charged carries a statutory maximum penalty of 10 years in prison and a $1 million fine. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than $1 million.
This case is the result of an ongoing federal antitrust investigation into price fixing, bid rigging, and other anticompetitive conduct in the broiler chicken industry, which is being conducted by the Antitrust Division with the assistance of the U.S. Department of Commerce Office of Inspector General, Federal Bureau of Investigation Washington Field Office, and U.S. Department of Agriculture Office of Inspector General. Special thanks to U.S. Attorney Jason R. Dunn and Assistant U.S. Attorney Hetal Doshi from the District of Colorado for their assistance.
Anyone with information on price fixing, bid rigging, and other anticompetitive conduct related to the broiler chicken industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or visit www.justice.gov/atr/contact/newcase.html.
Salt Lake City Man Arrested on Federal Arson Charges for Alleged Burning of Salt Lake City Police Patrol CarRead the Press Release
SALT LAKE CITY – A federal complaint filed in federal court Wednesday morning charges Jackson Stuart Tamowski Patton of Salt Lake City with one count of arson for allegedly setting fire to a Salt Lake City Police Department vehicle during protests in Salt Lake City Saturday.
The complaint alleges that after rioters overturned a Salt Lake City patrol car during a protest in downtown Salt Lake City Saturday, the patrol car was set on fire. According to the complaint, video footage from the riot shows Patton tossing a combustible substance onto the flames causing the flames to increase. The fire destroyed the patrol car.
Salt Lake City police officers arrested Patton, age 26, Tuesday night at a protest event in Salt Lake City. An initial appearance in federal court will be set later.
The complaint and arrest were announced today by John W. Huber, U.S. Attorney for Utah; Chief Mike Brown of the Salt Lake City Police Department; Paul H. Haertel, Special Agent in Charge of the Salt Lake City FBI; David Booth, ATF Special Agent in Charge for Utah; and Utah Department of Public Safety Commissioner Jess L. Anderson.
“We value and support the rights we all enjoy to peacefully demonstrate and advocate for our beliefs. However, we have zero tolerance for those who hijack peaceful protests and commit violations of federal law,” U.S. Attorney John W. Huber said today. “Those involved in this criminal behavior – including the conduct alleged in this complaint – should know that we will use every available tool we have to hold them accountable.”
“Our detectives worked tirelessly to ascertain the identities of numerous perpetrators of violence and destruction in our city. We too are committed to bringing to justice those who attempted to interrupt the peaceful protest,” Salt Lake City Police Chief Mike Brown said today. “We appreciate the partnerships we share with our federal agencies, to make sure that, through our shared resources, we are able to bring the correct judgment to these criminals.”
A complaint is not a finding of guilt. Individuals charged in a complaint are presumed innocent and entitled to a fair trial. The charge in the complaint has a potential sentence of 20 years in prison with a minimum sentence of five years.
Riverside Medical Clinic Agrees to Settle Allegations It Violated Federal Law by Not Providing Access to the Deaf or Hard of HearingRead the Press Release
LOS ANGELES – Riverside Medical Clinic, a company that operates seven medical offices in Riverside County, has agreed to resolve allegations that it violated the Americans with Disabilities Act (ADA) by failing to provide effective communication to deaf and hard-of-hearing patients.
The settlement resolves allegations that Riverside Medical Clinic failed to provide a qualified sign language interpreter or other appropriate form of auxiliary aid or service to a patient who is deaf and her family, instead relying on a video remote interpretation system that often failed to work.
The ADA requires medical providers to ensure effective communication for patients who are deaf or hard of hearing. The settlement requires the company to provide appropriate auxiliary aids and services free of charge so that people who are deaf or hard of hearing have full and equal access to treatment at its offices.
Under the settlement agreement, Riverside Medical Clinic must:
- provide appropriate auxiliary aids and services necessary for effective communication to patients and their companions who are deaf or hard of hearing;
- advertise the availability of auxiliary aids and services;
- conduct individualized assessments for patients who are deaf or hard of hearing to determine what auxiliary aids and services are best suited for their needs; and
- pay $5,000 in compensation to the complainant and a $1,000 civil penalty to the United States.
Riverside Medical Clinic fully cooperated with the government’s investigation.
Assistant United States Attorney Matthew E. Nickell of the Civil Division’s Civil Rights Section handled this matter.
This year marks the ADA’s 30th Anniversary. The Department of Justice plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living and economic self-sufficiency for people with disabilities.
For more information on the ADA or this settlement agreement, please call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or access the ADA website at http://www.ada.gov.
Reserve man sentenced for shooting man in the face on Fort Peck Indian ReservationRead the Press Release
GREAT FALLS—A Reserve man who admitted shooting another man in the face with a .22-caliber rifle on the Fort Peck Indian Reservation in 2018 was sentenced today to 46 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.
Jonathan Black Jr., 33, pleaded guilty in February to assault resulting in serious bodily injury.
Chief U.S. District Judge Brian M. Morris presided.
In court records filed in the case, the prosecution said the assault occurred on March 3, 2018 at a Reserve residence where Black lived with his sister and her children. Black called 911 in the evening and reported he had just shot someone in the face. Law enforcement arrived in the area and saw the victim driving away. An officer stopped the victim, who had facial wounds but the blood seemed to be clotting and there did not seem to be any immediate medical emergency. Because the victim appeared to be in stable condition, the officer placed him in his patrol car and began investigating the shooting.
At the residence, the defendant's sister and her children came out of the house. Black then came out and was arrested.
Meanwhile, an ambulance transported the victim to a nearby hospital. The victim ultimately went to Billings Clinic, where he was treated for facial injuries that included damage to his cheek and facial fractures. The victim had to have four teeth extracted because of the gunshot and had a bullet fragment at the base of his skull.
Black told law enforcement that he was cooking when he heard banging and the victim threatening his sister. Black thought the victim might kill his sister, so he retrieved a .22 caliber rifle from a closet. Black found the victim and his sister in the bathroom, so he kicked open the door, put the rifle in the victim's face and shot him. Black then placed the rifle on the kitchen table and called 911.
Assistant U.S. Attorney Jessica Betley prosecuted the case, which was investigated by the FBI.
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President’s Commission on Law Enforcement and the Administration of Justice Holds Hearing on the Role of the Public DefenderRead the Press Release
Yesterday, the President’s Commission on Law Enforcement and the Administration of Justice held a hearing on the role of public defenders. The hearing was conducted via teleconference and featured expert witnesses who provided testimony and answered questions from the commissioners.
The commission received testimony from Geoffrey Burkhart, Executive Director of the Texas Indigent Defense Commission; Douglas K. Wilson, Chief Public Defender, Aurora (Colo.) Public Defender’s Office; Carlos J. Martinez, Miami-Dade Public Defender, Miami-Dade County, Fla., and; Mark Stephens, Former Elected Public Defender, Knox County, Tenn.
The panelists discussed the role of the public defender in the criminal justice system. Mr. Burkhart’s opening testimony argued that, “Public defenders are key to a fair justice system. The right to an attorney is a threshold right that helps protect all other constitutional rights… But public defense faces a basic problem: more than half of American counties don’t have a public defender. Instead, they rely on ‘non-systems,’ in which unsupervised attorneys take cases on an ad hoc basis, often for a flat fee.”
In Mr. Martinez’ testimony, he maintained that public defenders’ roles are critical to communities. “The criminal justice system functions by default as if offenders and victims are distinct classes of people with conflicting interests, ignoring the reality that today's offender was yesterday's victim (and vice versa),” he said. “Victims are often family and friends, who frequently identify more with offenders than with law enforcement. When punishment is meted out, the offender is not the only one punished, it is family and the community as well.”
All four testimonies touched on the need for more resources. Mr. Wilson stated, “We have no federal mandate on how the delivery of indigent defense should be funded and provided at the state and local level. This lack of direction and support at the federal level has caused severe resource deficiencies, a lack of sustainable workloads and inconsistent if not non-existence training standards.” Mr. Stephens’ testimony added, “Clients living in poverty often internalize a sense of alienation and exclusion that often manifests itself as hopelessness, desperation, frustration, powerlessness, anxiety, or depression. When public defender services are delivered in run-down, undersized, poorly maintained physical settings by attorneys with overwhelming caseloads, that sense of alienation, exclusion, and lack of worth is reinforced by the client's own lawyer.”
The commission will continue with hearings next week. For more information on the commission, please visit: https://www.justice.gov/ag/presidential-commission-law-enforcement-and-administration-justice.
Audio recordings and transcripts of the hearings will be posted online once available.
Operation Free Market Update: Two Men Sentenced to PrisonRead the Press Release
HUNTINGTON, W.Va. – Two Huntington men were sentenced to federal prison today as part of Operation Free Market, a long-term drug investigation in Huntington, according to United States Attorney Mike Stuart.
“Operation Free Market took out a significant fentanyl and heroin drug trafficking organization operating between Detroit and Huntington,” said United States Attorney Mike Stuart. “Our work is paying off. As we take more and more purveyors of these poisons off the streets, we are seeing reductions in opioid-related overdose deaths.”
George Lockhart, 44, was sentenced to eight years in prison for his role in a federal drug conspiracy and a gun crime. He previously pled guilty to an indictment charging him with conspiracy to distribute heroin and fentanyl and being a felon in possession of a firearm. Lockhart previously admitted that between December 2018 and May 2019 he conspired with other individuals to distribute heroin and fentanyl in Huntington, West Virginia. Lockhart admitted other individuals sold drugs for him at his direction. He also admitted to possessing a firearm during a search warrant in May 2019. He was prohibited by federal law to possess a firearm because he had been convicted of voluntary manslaughter in January 2011.
Bryant Holloway, 41, was sentenced to five years in prison for selling fentanyl. He pled guilty on April 24, 2019 to selling 95 grams of fentanyl to a confidential informant for $10,000. The investigation was a joint effort by the Drug Enforcement Administration (DEA) and the Violent Crime and Drug Task Force West.
United States District Judge Robert C. Chambers imposed the sentences. Assistant United States Attorney Stephanie S. Taylor handled the prosecutions.
Operation Free Market was a long-term drug investigation in the Huntington area. It was part of Operation Synthetic Opioid Surge (SOS), a Department of Justice program that seeks to reduce the supply of deadly synthetic opioids in high impact areas and to identify wholesale distribution networks and international and domestic suppliers.
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Ohio Man Pleads Guilty to Drug and Gun CrimesRead the Press Release
CHARLESTON, W.Va. – A Dayton, Ohio man pled guilty to drug and gun crimes, announced United States Attorney Mike Stuart. Keenan Watson, 24, pled guilty to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.
“7 million people or more than 4 times the population of West Virginia. That’s how many people could have died had the fentanyl in this case hit the streets and that doesn’t include the massive amount of meth or the guns,” said United States Attorney Mike Stuart. “Another out-of-state poison peddler that will be ‘hosted’ by a federal prison for potentially the rest of his life, Watson was caught with 209 grams of meth, 135 grams of fentanyl and two guns – a dangerous and deadly combination. Excellent work by the DEA and the Parkersburg Police Department. I will continue to work with our law enforcement partners to identify and prosecute gun-toting drug dealers to keep West Virginia families safe.”
Watson admitted that on Aug. 27, 2019, law enforcement officers executed a search warrant in Parkersburg, West Virginia. Watson was inside that residence and ran outside when the officers entered. He ran from the officers until they were able to catch up and arrest him. Officers removed two handguns from Watson and also recovered approximately 209 grams of methamphetamine, and approximately 135 grams of what later proved to be fentanyl from a bag that he was carrying. Watson admitted that he possessed both guns to protect himself, the quantity of methamphetamine and fentanyl that he possessed, and any proceeds from the sales of those drugs.
Watson faces up to life in prison when sentenced on Oct. 21, 2020.
The Drug Enforcement Administration (DEA) and the Parkersburg Police Department conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
These cases are part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted these cases with support from the Project Guardian partners noted above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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New Hampshire Awarded $2 Million for Law Enforcement Hiring to Advance Community PolicingRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced today that the Department of Justice has awarded $2 million in grant funding to New Hampshire communities through the Department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP).
The New Hampshire grants were part of nearly $400 million funding awards to 596 law enforcement agencies across the nation that were announced by U.S. Attorney General William Barr. These grants will allow those agencies to hire 2,732 additional full-time law enforcement professionals. The awards announced today are inclusive of the $51 million announced in May as part of Operation Relentless Pursuit.
“These troubled times demand that our cities and towns have well-trained professional police officers who can assist with community policing,” said U.S. Attorney Murray.” This grant funding will allow cities and towns in New Hampshire to put more professional law enforcement officers on the street to help keep our citizens safe. I look forward to working with these law enforcement professionals and partnering with them as they protect and serve the citizens of the Granite State.”
The following communities in New Hampshire will receive funding:
Community Officers Funding City of Claremont 1 $125,000 Hollis Police Department 1 $125,000 Laconia Police Department 2 $250,000 Manchester Police Department 10 $1,250,000 Somersworth Police Department 1 $125,000 Town of Thornton 1 $125,000The COPS Hiring Program is a competitive award program intended to reduce crime and advance public safety through community policing by providing direct funding for the hiring of career law enforcement officers. In addition to providing financial support for hiring, CHP provides funding to state, local, and tribal law enforcement to enhance local community policing strategies and tactics. In a changing economic climate, CHP funding helps law enforcement agencies maintain sufficient sworn personnel levels to promote safe communities. Funding through this program had been on hold since the spring of 2018 due to a nationwide injunction that was lifted earlier this year.
CHP applicants were required to identify a specific crime and disorder problem focus area and explain how the funding will be used to implement community policing approaches to that problem focus area. 43 percent of the awards announced today will focus on violent crime, while the remainder of the awards will focus on a variety of issues including school-based policing to fund school resource officer positions, building trust and respect, and opioid education, prevention, and intervention. The COPS Office received nearly 1,100 applications requesting more than 4,000 law enforcement positions.
The complete list of awards can be found here. https://go.usa.gov/xwDF8 To learn more about CHP, please visit https://cops.usdoj.gov/chp. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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New Castle Man Admits He Unlawfully Imported Heroin from the NetherlandsRead the Press Release
PITTSBURGH - A former resident of New Castle, Pennsylvania, pleaded guilty in federal court to a charge of unlawfully importing heroin into the United States, United States Attorney Scott W. Brady announced today.
Matthew Bauer, 44, pleaded guilty to one count before Senior United States District Judge Joy Flowers Conti.
In connection with the guilty plea, the court was advised that on January 29, 019, United States Postal Inspector obtained a search warrant for a package addressed to Bauer. The Inspectors discovered 3.5 grams of heroin inside the parcel. The following day, an undercover Postal Inspector delivered the package to Bauer. Bauer was placed under arrest after he opened the package. Bauer consented to a search of his house and home computer. A search of the computer revealed that on January 23, 2019, Bauer ordered 50 grams of heroin from a dark web vendor based in the Netherlands. Bauer used bitcoin to pay for the heroin. A parcel containing the heroin arrived in the United States on January 26, 2019, and was subsequently seized.
Judge Conti scheduled sentencing for September 23, 2020 at 11:00 am. The law provides for a total sentence of 30 years in prison, a fine of $2,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the and the prior criminal history, if any, of the defendant.
Pending sentencing, the defendant was remanded into custody.
Assistant United States AttorneyMichael Leo Ivory is prosecuting this case on behalf of the government.
The United States Postal Inspection Service conducted the investigation that led to the prosecution of Bauer.
Nearly $700,000 Coming to the Western District of New York from the Department of Justice to Fight COVID-19Read the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that five additional municipalities have been awarded grants under the Coronavirus Emergency Supplemental Funding Program through the Department of Justice. The grants awarded include:
• City of Rochester $474,295
• Erie County $58,008
• Chautauqua County $58,008
• Town of Cheektowaga $47,720
• Town of Greece $45,671“As we emerge from the coronavirus response,” noted U.S. Attorney Kennedy, “these funds will help to ensure that our first responders have the ability to continue to do exactly what they have done throughout the pandemic—keep our communities safe.”
Niagara and Monroe Counties and the cities of Niagara Falls and Jamestown previously received funding awards from the Bureau of Justice Assistance.
Projects or initiatives which may be funded with the monies include:
• Overtime costs
• Equipment and supplies (including PPE for law enforcement and medical personnel);
• Hiring;
• Training;
• Travel expenses, particularly related to the distribution of resources to the most impacted areas; and
• Addressing the medical needs of inmates in state, local, and tribal prisons, jails, and detention centers.A total of $1,700,000 in grant funding is available to cities, towns, and counties in the WDNY.
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Mortgage Short Sale Negotiator Pleads Guilty to Defrauding Mortgage LendersRead the Press Release
BOSTON – The principal and co-founder of a North Andover mortgage short sale assistance company pleaded guilty today in connection with defrauding mortgage lenders and investors out of nearly $500,000 in proceeds from about 90 short sale transactions.
Gabriel T. Tavarez, 40, pleaded guilty to conspiracy to commit wire fraud and aggravated identity theft. U.S. District Court Judge Nathaniel M. Gorton to scheduled sentencing for October 7, 2020.
Tavarez founded and co-operated Loss Mitigation Services, LLC, with co-conspirator Jaime L. Mulvihill, 40, who previously pleaded guilty and was sentenced in February 2020 to six months in prison.
The charges arise out of the defendants’ scheme to steal undisclosed and improper fees from mortgage lenders in connection with short sales of homes. A short sale occurs where the mortgage debt on the home is greater than the sale price, and the mortgage lender agrees to take a loss on the transaction.
Loss Mitigation Services, purportedly acting on behalf of underwater homeowners, negotiated with mortgage lenders for approval of short sales in lieu of foreclosure. Mortgage lenders typically forbid short sale negotiators, such as Loss Mitigation Services, from receiving any proceeds of a short sale.
From 2014 to 2017, Tavarez and Mulvihill, directly or through their employees, falsely claimed to homeowners, real estate agents, and closing attorneys that mortgage lenders had agreed to pay Loss Mitigation Services fees known as “seller paid closing costs” or “seller concessions” from the proceeds of the short sales. In reality, the mortgage lenders had never approved Loss Mitigation Services to receive those fees. When the short sales closed, at the instruction of Tavarez or Mulvihill, or others working with them, settlement agents paid Loss Mitigation Services the fees, which typically were 3% of the short sale price above and beyond any fees to real estate agents, closing attorneys and others involved in the transaction. To deceive mortgage lenders about the true nature of the fees, Tavarez or Mulvihill filed, or caused others to file, false short sale transaction documents with mortgage lenders, including altered settlement statements and fabricated contracts and mortgage loan preapproval letters. Tavarez and Mulvihill fabricated the transaction documents, or caused them to be fabricated, in order to justify the additional fees and conceal that they were being paid to Loss Mitigation Services. In addition, Tavarez created, or directed others to create, fake letters from mortgage brokers claiming that the brokers had approved buyers for financing, in order to convince mortgage lenders to approve the additional fees.
The charge of conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. The charge of aggravated identity theft carries a mandatory two-year sentence that must run consecutively to any other sentence imposed, one year of supervised release, and a fine of $250,000, or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Robert Manchak, Special Agent in Charge, Federal Housing Finance Agency, Office of Inspector General, Northeast Region; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement today. Assistant U.S. Attorneys Sara Miron Bloom and Brian M. LaMacchia of Lelling’s Office are prosecuting the case.
Montgomery Man Sentenced to 60 Months in Prison Following Federal Gun ConvictionRead the Press Release
Montgomery, Alabama – On Monday, June 1, 2020, Steven Pruitt, Jr., a 36-year-old man from Montgomery, Alabama, was sentenced to 60 months in prison, announced United States Attorney Louis V. Franklin, Sr. Following his five-year prison sentence, Pruitt will be on supervised release for three years. There is no parole in the federal system.
According to court records, on June 20, 2017, officers from the Montgomery Police Department were conducting a search of Pruitt’s residence because he was suspected of selling marijuana out of his house. While conducting the search, they found marijuana and discovered that Pruitt was carrying a handgun. He was indicted by a federal grand jury in March of 2018 and was scheduled for a trial on June 24, 2019. However, he failed to show up for his day in court. The United States Marshals Service located Pruitt in Massachusetts about a month later and returned him to the Middle District of Alabama. In December of 2019, Pruitt pleaded guilty to possessing a firearm in furtherance of a drug trafficking crime.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Montgomery Police Department investigated this case, with assistance from the United States Marshals Service. Assistant United States Attorneys Kevin Davidson, Thomas Govan, and Eric Counts prosecuted the case.
Montana City man sentenced to prison for firearms violationRead the Press Release
HELENA—A Montana City man convicted by a jury of illegally possessing a firearm was sentenced today to five years and thee months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.
A jury in October found K. Jeffrey Knapp, 42, guilty of being a prohibited person in possession of a firearm.
Senior U.S. District Judge Charles C. Lovell presided.
The prosecution presented evidence at trial that on April 3, 2019, law enforcement agents served a federal search warrant at Knapp’s home and found 16 firearms and hundreds of rounds of ammunition. Two pistols were found on what appeared to be Knapp’s side of the bed. Knapp, having been convicted of two felonies in Colorado in 1994, knowingly illegally possessed firearms.
Assistant U.S. Attorney Tom Bartleson prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Jefferson County Sheriff’s Office.
This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.
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Monroe Man Sentenced to 20 Years in Federal Prison for Receiving Child PornographyRead the Press Release
MONROE, La. – United States Attorney David C. Joseph announced that Christopher Joe Stamper, 28, was sentenced today by U.S. District Judge Terry A. Doughty to 20 years in federal prison and 10 years of supervised release after pleading guilty to one count of receipt of child pornography. Stamper is also required to register as a sex offender.
As part of his guilty plea on December 3, 2019, Stamper admitted that in November of 2018, he began communicating with an 11-year old girl from Washington on a mobile virtual reality gaming application called Avakin Life. On November 2, 2018, Stamper and the minor female moved their conversation to text messages. Stamper asked the minor to talk “sexually” with him and proceeded to engage in “role-playing” conversations that were sexually explicit in nature. Stamper asked to see her in various stages of undress and received multiple nude pictures of the 11-year old girl.
The FBI, Ouachita Parish Sheriff’s Office, and Black Diamond Police Department, Black Diamond, Washington, conducted the investigation. Assistant U.S. Attorneys Jessica D. Cassidy and Earl M. Campbell prosecuted the case.
U.S. Attorney Joseph offers the following tips to help protect children online:
- Review and approve games and apps before they are downloaded.
- Make sure privacy settings are set to the strictest level possible for online gaming systems and electronic devices.
- Monitor your children’s use of the internet.
- Keep electronic devices in a common area of the house.
- Check your children’s profiles and what they post online.
- Explain to your children that images posted online will be permanently on the internet.
- Make sure that children understand online risks – only chat with people they know, block people they don’t know or trust. If anyone asks to engage in sexually explicit activity online, tell a parent, guardian, or other trusted adult about it.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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 https://www.justice.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the “resources” tab.
To report suspicious activity or instances of child sexual exploitation, contact your local law enforcement agency or submit tips through the following agencies:
- Leave a tip with the FBI at tips.fbi.gov. Tips may be submitted anonymously.
- Submit a tip online at www.ice.gov/tipline, by phone at 866-DHS-2-ICE or by contacting your local HSI office.
- File a report with NCMEC at 1-800-THE-LOST.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Monmouth County Man Charged with Tax Evasion, Corrupt Interference with Administration of Internal Revenue Laws, and Failure to File Tax ReturnRead the Press Release
NEWARK, N.J. – A Monmouth County, New Jersey, man was charged today with tax evasion, corrupt interference with the administration of the Internal Revenue laws, and failure to file a federal tax return, U.S. Attorney Craig Carpenito announced.
Thomas Bertoli, 62, of Matawan, New Jersey, has been charged by complaint with two counts of tax evasion, one count of corrupt interference with the administration of the Internal Revenue laws, and one count of failure to file a tax return. A summons was issued for Bertoli to appear before a United States Magistrate Judge at a time to be scheduled.
According to the complaint:
Defendant Bertoli operated the following businesses: The Doormen Inc.; City Street Associates LLC, a/k/a CSA LLC; and Urban Logistics LLC. Individually and through his companies, Bertoli obtained payments from clients for services provided, including payments from developers and construction firms for expediting services on real estate development and construction projects, primarily in Jersey City, New Jersey; and payments from political campaigns for political consulting services in New Jersey. Expediting in the construction industry typically refers to facilitating the acquisition of building permits and other government agency approvals required for the completion of real estate projects.
Bertoli obtained hundreds of thousands of dollars in gross receipts for calendar years 2009 to 2016. Bertoli had not, as of April 18, 2017, filed federal tax returns or paid any of the taxes due, other than a $5,000 nominal payment in September 2014, for those years. He concealed and attempted to conceal from the IRS his income and assets through various means; Bertoli cashed at check cashers payments from his clients, made false and fraudulent statements to the IRS, and used the Urban Logistics bank account for personal expenditures.
Bertoli is charged with tax evasion for calendar years 2009 to 2013 and evasion of assessment of taxes for calendar year 2014. He also is charged with corrupt interference with the administration of the Internal Revenue laws and failing to file a tax return for calendar year 2013.
Each charge of tax evasion carries a maximum potential penalty of five years in prison and a $250,000 fine. The charge of corrupt interference with the administration of the Internal Revenue laws carries a maximum potential penalty of three years in prison and a $250,000 fine. The charge of failing to file a tax return carries a maximum potential penalty of one year in prison and a $100,000 fine.
U.S. Attorney Carpenito credited special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Laura J. Perry and special agents of the FBI, under the direction of Acting Special Agent in Charge Douglas Korneski in Newark, with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorneys J Fortier Imbert and Jihee G. Suh of the U.S. Attorney’s Office’s Special Prosecutions Division.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.