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Sunday 31 May 2020
Georgia U.S. Attorneys and FBI warn that criminal instigators could face federal prosecutionRead the Press Release
SAVANNAH, GA: Attorney General William P. Barr has directed federal law enforcement actions aimed apprehending and charging the violent criminal agitators who have taken over peaceful protests and are engaging in violations of federal law. The U.S. Attorneys from the Northern, Middle, and Southern Districts of Georgia, along with the Federal Bureau of Investigation (FBI) are employing the FBI Joint Terrorism Task Force (JTTF) to identify criminal organizers and instigators, coordinating federal resources with state and local partners, and seeking federal prosecutions where applicable.
“Peaceful demonstrations throughout the Southern District in recent weeks have been a model for appropriate exercises of citizens’ constitutional right to express their grief and concerns,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “If anyone, whether locals or outside individuals, escalates to unlawful behavior and disrupts our communities, we stand ready to assist local law enforcement with federal resources to safeguard the lives and property of our citizens.”
“The Attorney General has made it clear that those who instigate or carryout violence will be arrested and prosecuted,” said U.S. Attorney Byung J. “BJay” Pak. “Americans enjoy the right to peacefully assemble and protest. However, when it turns violent and destructive, a line has been crossed. We are employing every federal asset our districts have to assist our state and local partners as they work to maintain order and public safety.”
“The right to peaceful protest is protected by the First Amendment, but there is no cover for the violent, needless destruction of personal property, and the chaos we have witnessed across the country over the past several days. Let me be clear: anyone who chooses that criminal path will be aggressively prosecuted by our office,” said Charlie Peeler, U.S. Attorney for the Middle District of Georgia. “I want to thank our federal, state, and local law enforcement officers, and Georgia’s National Guard, who are on the ground protecting our lawful right of expression, as well as our property and safety.”
“The FBI is dedicated to protecting our citizens and upholding the Constitution,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The Constitution gives every citizen the right to protest peacefully, but when a few people abuse the rights of the many peaceful protesters by stoking violence and destroying property, we must enforce the law. Federal prosecutions are a tool we will use to assist our state and local law enforcement partners who are on the front lines trying to maintain order.”
Attorney General Barr’s statement is available at https://www.justice.gov/opa/pr/attorney-general-william-p-barr-s-statement-death-george-floyd-and-riots
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016.
Georgia U.S. Attorneys and FBI Warn That Criminal Instigators Could Face Federal ProsecutionRead the Press Release
MACON, Ga. – Attorney General William P. Barr has directed federal law enforcement actions aimed at apprehending and charging the violent criminal agitators who have taken over peaceful protests and are engaging in violations of federal law. The U.S. Attorneys from the Northern, Middle, and Southern Districts of Georgia, along with the FBI are employing the FBI Joint Terrorism Task Force (JTTF) to identify criminal organizers and instigators, coordinating federal resources with state and local partners, and seeking federal prosecutions where applicable.
“The right to peaceful protest is protected by the First Amendment, but there is no cover for the violent, needless destruction of personal property, and the chaos we have witnessed across the country over the past several days. Let me be clear: anyone who chooses that criminal path will be aggressively prosecuted by our office,” said Charlie Peeler, U.S. Attorney for the Middle District of Georgia. “I want to thank our federal, state, and local law enforcement officers, and Georgia’s National Guard, who are on the ground protecting our lawful right of expression, as well as our property and safety.”
“Peaceful demonstrations throughout the Southern District in recent weeks have been a model for appropriate exercises of citizens’ constitutional right to express their grief and concerns,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “If anyone, whether locals or outside individuals, escalates to unlawful behavior and disrupts our communities, we stand ready to assist local law enforcement with federal resources to safeguard the lives and property of our citizens.”
“The Attorney General has made it clear that those who instigate or carryout violence will be arrested and prosecuted,” said Byung J. “BJay” Pak, U.S. Attorney for the Northern District. “Americans enjoy the right to peacefully assemble and protest. However, when it turns violent and destructive, a line has been crossed. We are employing every federal asset our districts have to assist our state and local partners as they work to maintain order and public safety.”
“The FBI is dedicated to protecting our citizens and upholding the Constitution,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The Constitution gives every citizen the right to protest peacefully, but when a few people abuse the rights of the many peaceful protesters by stoking violence and destroying property, we must enforce the law. Federal prosecutions are a tool we will use to assist our state and local law enforcement partners who are on the front lines trying to maintain order.”
Attorney General Barr’s statement is available here: https://www.justice.gov/archives/opa/pr/attorney-general-william-p-barrs-statement-riots-and-domestic-terrorism
Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Federal, State and Local Law Enforcement Statement on the Death of George Floyd and RiotsRead the Press Release
SACRAMENTO, Calif. — Federal, state and local law enforcement partners join together to condemn the death of George Floyd in Minneapolis and offer sincere condolences to his family and colleagues, U.S. Attorney McGregor W. Scott, FBI Special Agent in Charge Sean Ragan, Sacramento County District Attorney Anne Marie Schubert, Sacramento County Sheriff Scott Jones, and Sacramento Chief of Police Daniel Hahn announced.
Mr. Floyd’s death is being addressed through our criminal justice system, which is moving quickly. The state prosecutor has brought murder charges against a former Minneapolis police officer. As United States Attorney General Barr announced on May 29, the Department of Justice, including the FBI, is also conducting an independent investigation to determine whether any federal civil rights laws were violated.
Peaceful protest is a time-honored tradition in our country, and we in law enforcement strive to protect these important First Amendment rights. The majority of those protesting are doing so peacefully. But when protests turn violent, this endangers the community, and law enforcement must act to protect the community. As a civilized society based upon the rule of law, we will not tolerate violence, anarchy or chaos that threatens the safety of the community.
Federal, state, and local law enforcement will continue to work together to protect the community’s First Amendment rights and to protect the community from violence and lawlessness. Federal and state felony statutes may apply.
“As part of the community, we share the concerns about George Floyd’s death,” said U.S. Attorney Scott. “We also recognize that his death comes at a time when we are also fighting, as a nation, an unprecedented pandemic that has taken its toll across our country and our District. Together with state and local law enforcement, we have reached out to our community leaders to address the real and legitimate concerns about what happened to Mr. Floyd and to identify positive steps we can take going forward. Please join me in a call for unity and peace, not violence, as we work together during this difficult time.”
The FBI Sacramento Field Office is deeply committed to protecting the civil rights of all people within the 34 California counties we serve,” said Special Agent in Charge Sean Ragan. “The FBI steadfastly investigates all allegations involving the deprivation of civil rights, including ‘color of law’ violations – official actions taken by persons acting under the authority of local, state, federal, or tribal laws to willfully deprive someone of a right or privilege secured or protected by the Constitution or laws of the United States. No one is above or beyond the law. The communities we serve can depend on the FBI to methodically collect facts in order to provide unbiased and independent investigative results so prosecutors can make a charging decision.”
Attorney General William P. Barr's Statement on Riots and Domestic TerrorismRead the Press Release
Attorney General William P. Barr has issued the following statement:
“With the rioting that is occurring in many of our cities around the country, the voices of peaceful and legitimate protests have been hijacked by violent radical elements. Groups of outside radicals and agitators are exploiting the situation to pursue their own separate, violent, and extremist agenda.
It is time to stop watching the violence and to confront and stop it. The continued violence and destruction of property endangers the lives and livelihoods of others, and interferes with the rights of peaceful protestors, as well as all other citizens.
It also undercuts the urgent work that needs to be done – through constructive engagement between affected communities and law enforcement leaders – to address legitimate grievances. Preventing reconciliation and driving us apart is the goal of these radical groups, and we cannot let them succeed.
It is the responsibility of state and local leaders to ensure that adequate law enforcement resources, including the National Guard where necessary, are deployed on the streets to reestablish law and order. We saw this finally happen in Minneapolis last night, and it worked.
Federal law enforcement actions will be directed at apprehending and charging the violent radical agitators who have hijacked peaceful protest and are engaged in violations of federal law.
To identify criminal organizers and instigators, and to coordinate federal resources with our state and local partners, federal law enforcement is using our existing network of 56 regional FBI Joint Terrorism Task Forces (JTTF).
The violence instigated and carried out by Antifa and other similar groups in connection with the rioting is domestic terrorism and will be treated accordingly.”
Attorney General William P. Barr Announces the Appointment of Stephen J. Cox as U.s. Attorney for the Eastern District of TexasRead the Press Release
WASHINGTON – Attorney General William P. Barr announced today the appointment of Stephen J. Cox as U.S. Attorney for the Eastern District of Texas, pursuant to 28 U.S.C. § 546, effective June 1, 2020.
As U.S. Attorney, Cox will serve as the chief federal law enforcement officer in the Eastern District of Texas. He will be in charge of overseeing 55 Assistant U.S. Attorneys and 65 support staff, across six offices. Cox will be responsible for the prosecution of federal criminal offenses in the district, and will represent the United States in all civil litigation in the district.
“I am pleased to appoint Stephen J. Cox as U.S. Attorney of the Eastern District of Texas. Steve has been a consummate professional and dedicated leader throughout his time in the Office of the Associate Attorney General,” said Attorney General William P. Barr. “Steve’s vast experience in areas ranging from regulatory reform to fraud to corporate compliance, and his reputation for fairness, sound judgment, and management, will serve him well in Eastern Texas.”
Before being appointed as U.S. Attorney, Cox served as Deputy Associate Attorney General and Chief of Staff within the Department’s Office of the Associate Attorney General. In his role, Cox spearheaded numerous policy reforms relating to corporate enforcement and regulatory reform, as well as overseeing several Department matters relating to financial fraud and healthcare fraud. He also served as vice chair of the Deputy Attorney General’s working group on corporate enforcement and accountability, and as executive director of the Department’s regulatory reform task force.
Previously, Cox served on the William H. Webster Commission on the FBI, Counterterrorism, Intelligence, and the Events of Fort Hood, and as a senior advisor to the Director of U.S. Immigration and Customs Enforcement. Cox has also spent time in private practice, dealing with white collar investigations, ethics and compliance, and regulatory matters.
Cox has a B.S. degree from the Texas A&M University and J.D. degree from the University of Houston Law Center. He is a member of the Texas and District of Columbia bars.
For more information about the U.S. Attorney’s Office for the Eastern District of Texas, please visit https://www.justice.gov/usao-edtx.
Saturday 30 May 2020
Statement of United States Attorney Krueger Regarding Protests in MilwaukeeRead the Press Release
The Justice Department and the FBI are making the investigation of George Floyd’s tragic death a top priority. . https://minnesota.cbslocal.com/video/4569255-u-s-attorney-erica-macdonald-dept-is-making-george-floyd-investigation-a-top-priority/
As the Major Cities Chiefs Association said, George Floyd’s death is “deeply disturbing and should be of concern to all Americans.” https://www.majorcitieschiefs.com
Yesterday, the vast majority of protestors in Milwaukee expressed their concerns peaceably. But late last night, some protestors set fires in several stores, causing damage to innocent owners. In addition, a Milwaukee Police Department officer suffered a minor gunshot injury from a currently unknown source. Such violence and property damage accomplish nothing and instead only create more victims.
Although we respect the rights of all to express their concerns peaceably, federal law enforcement is joined with state and local authorities to address further violence. Federal law imposes stiff penalties for commercial arson and other crimes. I encourage everyone to act in peace so that our nation can promote healing rather than suffer new wounds.
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Attorney General William P. Barr’s Statement on the Death of George Floyd and RiotsRead the Press Release
Attorney General William P. Barr has issued the following statement:
“The greatness of our nation comes from our commitment to the rule of law.
The outrage of our national community about what happened to George Floyd in Minneapolis is real and legitimate. Accountability for his death must be addressed, and is being addressed, through the regular process of our criminal justice system, both at the state and at the federal level. That system is working and moving at exceptional speed. Already initial charges have been filed. That process continues to move forward. Justice will be served.
Unfortunately, with the rioting that is occurring in many of our cities around the country, the voices of peaceful protest are being hijacked by violent radical elements.
Groups of outside radicals and agitators are exploiting the situation to pursue their own separate and violent agenda.
In many places, it appears the violence is planned, organized, and driven by anarchistic and far left extremists, using Antifa-like tactics, many of whom travel from out of state to promote the violence.
We must have law and order on our streets and in our communities, and it is the responsibility of the local and state leadership, in the first instance, to halt this violence. The Department of Justice (including the FBI, Marshals, ATF, and DEA), and all of our 93 U.S. Attorneys across the country, will support these local efforts and take all action necessary to enforce federal law.
In that regard, it is a federal crime to cross state lines or to use interstate facilities to incite or participate in violent rioting. We will enforce these laws.”
Friday 29 May 2020
Woman Sentenced to Prison for $500K Health Care Fraud SchemeRead the Press Release
RICHMOND, Va. – A North Carolina woman was sentenced today to four years in prison for committing a $506,000 fraud on the Virginia Medicaid program
“Medicaid is a system of trust, and Jackson deliberately exploited a loophole in the Virginia Medicaid billing regulations and brazenly bilked taxpayers of over $500,000. When someone commits healthcare fraud, it drives up the cost of care for everyone and creates an unfair playing field. I want to thank our team of investigators, prosecutors, and the Virginia Attorney General’s Medicaid Fraud Control Unit for their terrific work on this case.”
According to court documents, Paulette Jackson, 66, Williamston, was the owner and operator of United Medical Home Oxygen & Medical Supply, a Medicaid-enrolled durable medical equipment provider located in Franklin. When she sought reimbursement from Virginia Medicaid for a certain type of liquid oxygen container refills, Medicaid would reimburse Jackson for her actual oxygen cost plus 30 percent. Jackson inflated the amounts she reported to Medicaid were her actual costs of oxygen. From in 2010 through April 2016, Jackson reported to Medicaid that her costs 45 to 78 times her actual cost of oxygen. From April 2016 through August 2017, Jackson inflated her costs at a rate of 22 times her actual cost of oxygen. By falsely reporting her actual oxygen costs, Jackson, through United Medical, improperly billed Medicaid $506,058.66.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division; Mark R. Herring, Attorney General of Virginia; and Maureen R. Dixon, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services (HHS), made the announcement after sentencing by U.S. District Judge John A. Gibney, Jr. Assistant U.S. Attorney Jessica D. Aber and Trial Attorney John Scanlon of the Criminal Division’s Fraud Section prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-20.
U.S. Attorney’s Office and FBI partner with AARP to Protect Alaskans from COVID-19 FraudRead the Press Release
Anchorage, Alaska – On Monday, June 1, the U.S. Attorney’s Office and the FBI will participate in a statewide telephone town hall, hosted by AARP, to protect Alaskans from COVID-19 fraud. Together, the two offices will share resources and take questions to prevent Alaskans from falling victim to scams and other schemes attempting to exploit the COVID-19 pandemic.
From Jan. 1-April 15, the Federal Trade Commission received more than 18,000 COVID-19-related fraud reports, and people reported losing $13.44 million dollars.
Event details:
- Who: Panelists include Bryan Schroder, the U.S. Attorney for the District of Alaska; Ryan Tansey, Assistant U.S. Attorney for the District of Alaska; and Chris Gonzalez, Special Agent with the FBI Anchorage Field Office.
- What: A discussion on identifying and preventing COVID-19 scams and fraud.
- When: Monday, June 1, at 1:00 p.m.
- To participate:
- Register to be called at vekeo.com/aarpalaska, or
- Call (855) 286-0294 toll-free.
- The event will also stream at facebook.com/aarpak.
- After the event, a recording will be available at vekeo.com/aarpalaska.
“The U.S. Attorney’s Office will not tolerate any shameful exploitation of the global health pandemic, and will take swift action to bring these fraudsters to justice,” said Bryan Schroder, U.S. Attorney for the District of Alaska. “This joint effort highlights the importance of collaboration with our law enforcement partners and public service organizations, as we continue to protect Alaskans from these schemes.”
“Despite the challenging times we are all navigating, certain things remain the same, scammers are still doing everything they can to defraud people of their hard-earned money and the FBI is doing everything we can to ensure they don’t succeed,” said Robert Britt, Special Agent in Charge of FBI’s Anchorage Field Office. “We are proud to partner with the U.S. Attorney’s Office and the AARP to bring important information to the public in our effort to prevent members of our community from falling victim to these schemes.”
“For over 60 years, AARP has promoted the health and well-being of older Americans including their financial well-being. We’re pleased to be able to bring this empowering information to Alaskans so they can take steps to protect themselves and their loved ones,” said Teresa Holt, AARP Alaska State Director. “If you can spot a scam, you can stop a scam.”
Scammers have already devised numerous methods for defrauding people in connection with COVID-19. Scammers are setting up websites, contacting people by phone and email, and posting disinformation on social media platforms. In particular, U.S. Attorney Schroder and Special Agent in Charge Britt encourage Alaskans to be on the lookout for:
- Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
- Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
- Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
- Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
- Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.
If you or someone you know have been the victim of COVID-19 related fraud, please report it to the Department of Justice’s National Center for Disaster Fraud by calling the National Hotline at (866) 720-5721 or by via the NCDF Web Complaint Form. You can also report it to the FBI at tips.fbi.gov, or if it’s a cyber scam, you can submit your complaint to https://www.ic3.gov.
Unsure if something’s a scam? Alaskans can call AARP’s Fraud Watch Network toll-free, (877) 908-3360, to talk over questionable calls or emails. They can also find tip sheets and sign up for fraud alerts at the Fraud Watch Network site, aarp.org/fraud. The service is free and open to all; you don’t have to be an AARP member.
To find out more about Department of Justice resources and information, please visit: www.justice.gov/coronavirus. AARP has resources and information at aarp.org/coronavirus, including on caregiving, tax tips, resources specifically for veterans and military families, and Community Connections, where Alaskans can create mutual aid groups and sign up to receive a call from a friendly voice.
U.S. Attorney’s Office and DOJ Files Statement of Interest in Support of Freedom of Religion Against the State of ColoradoRead the Press Release
The Department of Justice today filed a statement of interest in a Colorado federal court supporting the First Amendment religious freedom claims of High Plains Harvest Church and its pastor.
The statement of interest is part of Attorney General William P. Barr's April 27, 2020 initiative directing Assistant Attorney General for Civil Rights, Eric Dreiband, and the U.S. Attorney for the Eastern District of Michigan, Matthew Schneider, to review state and local policies to ensure that civil liberties are protected during the COVID-19 pandemic.
“Especially during a crisis like this, the ability of people of faith to be able to exercise their religion is essential,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Colorado has offered no good reason for not trusting congregants who promise to use care in worship the same way it trusts diners inside a restaurant, or accountants, realtors or lawyers to do the same. The U.S. Department of Justice will continue to take action if states and localities infringe on the free exercise of religion or other civil liberties.”
“We appreciate the challenging position that the state and the governor face in trying to balance public safety with personal and religious freedoms,” said Jason Dunn, U.S. Attorney for the District of Colorado. “But when government restrictions cross the line into unconstitutional violations of religious liberty, it is my duty and that of the Department of Justice to engage and protect those interests.”
“As important as it is that we stay safe during these challenging times, it is also important for states to remember that we do not abandon all of our freedoms in times of emergency,” said Matthew Schneider, U.S. Attorney for the Eastern District of Michigan, who, with Assistant Attorney General Dreiband, is overseeing the Justice Department’s effort to monitor state and local polices relating to the COVID-19 pandemic. “Unlawful discrimination against people who exercise their right to religion violates the First Amendment, whether we are in a pandemic or not.”
In response to the COVID-19 pandemic, Colorado’s Governor and the Colorado Department of Public Health and Environment (CDPHE) have issued various orders imposing limitations on in-person gatherings and, more recently, less restrictive rules for indoor service at restaurants. The guidance provides expressly that “[i]ndoor dine-in service can be held at 50% of the posted occupancy code limit and a maximum of 50 patrons,” if social distancing between parties of “eight people or fewer” is maintained, masks are worn, and other precautions are met. The rules for religious services in a place of worship are significantly more restrictive. Under guidance issued by CDPHE, religious gatherings inside a place of worship are permitted only “if physical distancing is observed and the gatherings are of 10 or fewer people in each room.” Places of worship thus are not allowed to host more than ten worshippers, even if they socially distance, and whether or not they are in the same party — unlike various businesses, including marijuana dispensaries, legal, accounting and real estate services, which may admit numerous customers into a single space so long as those customers socially distance, and unlike restaurants, which have been exempted from the public gathering limits and now may seat 50 customers, who may sit in parties where the members of the party are not socially distanced.
In its statement of interest, the United States explains that because Colorado appears to be treating similarly situated non-religious activity, such as in-person dining in restaurants, better than places of worship, these actions may constitute a violation of the church’s constitutional right to the free exercise of religion.
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. Attorney J. Douglas Overbey Announces $32,229 Award to Address COVID-19 Pandemic in TennesseeRead the Press Release
Knoxville, Tenn. – U.S. Attorney J. Douglas Overbey of the Eastern District of Tennessee today announced that the Monroe County Sheriff’s Office received $32,229 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The grant is available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. Other jurisdictions can determine if they are eligible for funds and may apply immediately by visiting this website. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.
“As this country continues to fight COVID-19, our office remains committed to deterring, investigating, and prosecuting those who seek to take advantage of the COVID-19 pandemic. This funding will help many of the communities struggling in these trying times and provide some much-needed relief to our district,” said U.S. Attorney Overbey.
“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”
The law gives jurisdictions considerable latitude using these funds for dealing with COVID-19. Potential uses include hiring personnel, paying overtime, purchasing protective equipment, distributing resources to hard-hit areas and addressing inmates’ medical needs.
Agencies eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for the emergency funding. Local units of government and tribes will receive direct awards separately according to their jurisdictions’ allocations.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov
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U.S. Attorney Announces over $764K in DOJ Grants Related to COVID-19Read the Press Release
ALEXANDRIA, Va. – United States Attorney G. Zachary Terwilliger today announced that various jurisdictions across the Eastern District of Virginia have recently been awarded over $764,000 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The grants, to the cities of Norfolk ($564,663), Manassas ($41,306), Fredericksburg ($43,658) and Loudoun County ($114,472), are available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.
“Those on the front lines of the public safety response to the coronavirus have our support, gratitude, and utmost respect,” said Terwilliger. “The Department of Justice provides this funding with significant flexibility, so that state and local departments can use it in the ways that best benefit their officers and their community.”
The grants come on the heels of a separate DOJ grants of over $12 million to the Virginia Department of Criminal Justice Services, City of Petersburg, City of Alexandria, County of Hanover, City of Suffolk, Town of Leesburg, Town of Stafford, James City County, City of Chesapeake, Henrico County, and Chesterfield County, announced earlier this month.
“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”
The Coronavirus Emergency Supplemental Funding (CESF) Program allows States, U.S. Territories, the District of Columbia, units of local government, and federally recognized tribal governments to support a broad range of activities to prevent, prepare for, and respond to the coronavirus. Funded projects or initiatives may include, but are not limited to, overtime, equipment (including law enforcement and medical personal protective equipment), hiring, supplies (such as gloves, masks, sanitizer), 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.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
U.S Attorney's Office Settles Service Animal Dispute with Connecticut HotelRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that the U.S. Attorney’s Office has reached a settlement agreement with the Quality Inn Mystic-Groton in Stonington to resolve allegations that the hotel was not operating in compliance with the Americans with Disabilities Act of 1990 (“ADA”).
The settlement agreement resolves an ADA complaint filed by an individual with disabilities who relies on a service animal and who was a guest of the Quality Inn Mystic-Groton. The complainant alleged that the hotel, which offers free breakfast to all of its guests, refused to permit him to enter the dining room with his service animal during breakfast service.
Under federal law, private entities that own or operate places of “public accommodation,” including hotels, are prohibited from discriminating on the basis of disability. The ADA requires that a public accommodation, such as a hotel, modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability. Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. The ADA requires hotels and other places of public accommodation to permit individuals with disabilities to be accompanied by their service animals in all areas of the place of public accommodation where members of the public, customers, patrons or invitees are allowed to go.
The settlement agreement requires the Quality Inn Mystic-Groton to permit service animals in all areas of the hotel that members of the public and other hotel guests are allowed to go, including in its dining room during meal service. Additionally, the hotel will post signage indicating “Service Animals Welcome,” will implement a “Service Animal Policy,” and will train its managers and employees regarding the policy. Further, the hotel will compensate the complainant in the amount of $1,000.
The ADA authorizes the U.S. Department of Justice to investigate complaints of disability discrimination and to undertake periodic reviews of compliance of covered entities. The Justice Department is also authorized to commence a civil lawsuit in federal court in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, and to seek injunctive relief, monetary damages, and civil penalties.
U.S. Attorney Durham noted that the owners and operators of the Quality Inn have worked cooperatively with the U.S. Attorney’s Office to address the matters raised in the complaint without the need for litigation.
This matter was handled by Assistant U.S. Attorney Jessica H. Soufer of the District of Connecticut in coordination with the Disability Rights Section of the U.S. Department of Justice Civil Rights Division.
Any member of the public who wishes to file a complaint alleging that any place of public accommodation or public entity in Connecticut is not accessible to persons with disabilities or does not permit service animals may contact the U.S. Attorney’s Office at 203-821-3700.
Additional information about the ADA can be found at www.ada.gov, or by calling the Justice Department’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TTY). More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.
Two Whatcom County men charged in fentanyl drug distribution schemeRead the Press Release
Seattle - Two Bellingham, Washington, residents made their initial appearance today in U.S. District Court in Seattle following their arrest on May 28, 2020, for distributing fake oxycodone tablets tainted with fentanyl, announced U.S. Attorney Brian T. Moran. TROY J. KLANDER, 38, and ZACHARY D. SALAS, 38, are charged with conspiracy to possess fentanyl with intent to distribute. Both remain in custody following a five-month investigation of their drug trafficking activities.
“These counterfeit oxycodone pills, laced with unknown amounts of fentanyl, have proven deadly in our communities,” said U.S. Attorney Moran. “I commend the DEA agents and local law enforcement officers who continued this investigation despite the challenges presented by the COVID-19 lockdown.”
According to the criminal complaint filed in the case, law enforcement used confidential sources and undercover officers to purchase the fentanyl laced pills from KLANDER and to identify SALAS as a source of supply. On May 28, 2020, a Drug Enforcement Administration-led task force executed search warrants at six locations in Whatcom County. At one location, SALAS refused to co-operate with law enforcement resulting in a one-hour standoff. The standoff ended peacefully, and SALAS was taken into custody.
“Even with the hurdles presented by the COVID-19 crisis, we were able to investigate and safely remove these suppliers of dangerous counterfeit pills,” said DEA Special Agent in Charge Keith Weis. “These pills laced with fentanyl can be highly toxic when handled and are indiscriminately killing tens of thousands of people yearly in the U.S. The identification and disruption of those involved in this illicit distribution chain remains a high priority for law enforcement at every level.”
Over the course of the investigation law enforcement seized 500 counterfeit oxycodone pills tainted with fentanyl, cocaine, heroin, and crystal methamphetamine, as well as a stolen gun and more than $100,000 in cash.
Conspiracy to distribute fentanyl is punishable by up to 20 years in prison.
The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The investigation is being led by DEA with significant assistance from the Whatcom County Sheriff’s Office Gang and Drug Task Force. The searches yesterday involved the DEA Seattle Special Response Team (SRT), Whatcom County Sheriff’s Office SWAT, Bellingham Police Department SWAT, Washington State Patrol SWAT, Homeland Security Investigation, Customs and Border Protection Air and Marine Unit, Skagit County Interlocal Drug Enforcement Unit (SCIDEU), and Snohomish Regional Gang Drug Task Force.
The case is being prosecuted by Assistant United States Attorney Seungjae Lee.
us_v._klander_salas.pdfTwo Men Indicted for the Murder of A Federal Informant, Three Others Charged with Obstruction of Justice for Lying to the Grand Jury About the MurderRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a superseding indictment charging Gregory Hay, a/k/a Gunner, a/k/a Franklin Gambino, a/k/a Reggie, and Alphonso Payne, a/k/a Ajay, with conspiracy to murder a federal informant; murdering a federal informant; conspiring to possess with intent to distribute and to distribute cocaine; possessing with intent to distribute and distributing cocaine; conspiring to retaliate against a federal informant; retaliating against a federal informant; discharge of a firearm in furtherance of crimes of violence and a drug trafficking crime; and discharge of a firearm causing death in furtherance of crimes of violence and a drug trafficking crime. In addition, defendant Hay is charged with possession of firearms and ammunition by a felon; possession of a short-barreled rifle; and possession of firearms in furtherance of drug trafficking.
Assistant U.S. Attorneys Timothy C. Lynch and Jeremiah E. Lenihan, who are handling the case, stated that according to the superseding indictment, between approximately 2016 and August 20, 2019, the defendants conspired with others to sell cocaine, crack cocaine, and heroin. The indictment also alleges that in the early evening of July 1, 2019, Hay and Payne murdered Joshua Jalovick by shooting him to death in the backyard of a residence on Freund Street in Buffalo, to prevent him from testifying about their alleged drug trafficking crimes and Hay’s firearm crimes.
“The Department of Justice has a capital case review process which culminates in a decision by the Attorney General regarding whether to seek, or not to seek, the death penalty against an individual defendant,” stated United States Attorney Kennedy. “That process is underway in this case.”
In addition to defendants Hay and Payne, defendants Daeshawn Stevenson, Raejah Blackwell, and Roland Eady were also named in the superseding indictment for their roles in obstructing a grand jury’s investigation into Joshua Jalovick’s murder. For those crimes, defendants Stevenson, Blackwell, and Eady each face a maximum penalty of 20 years in prison.
Daeshawn Stevenson is charged with obstruction of justice and making false declarations before grand jury. Stevenson is accused of lying to the grand jury about whether defendants Hay and Payne were in the backyard of 87 Freund when Joshua Jalovick was murdered, and whether Hay shot Jalovick. Raejah Blackwell is also charged with obstruction of justice and making false declarations before grand jury. She is accused of lying to the grand jury about whether she was present in the backyard of 87 Freund Street when Joshua Jalovick was shot and killed, and whether co-defendant Roland Eady was also present. Defendant Eady is also charged with obstruction of justice for lying to the grand jury about the identity of individuals present in the backyard of 87 Freund when Joshua Jalovick was murdered.
Defendant Payne was arraigned today before U.S. Magistrate Judge Michael J. Roemer and was detained. Defendant Hay will be arraigned on June 5, 2020, at 9:30 a.m., also before Judge Roemer.
The superseding indictment is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood. Additional assistance was provided by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, the U.S. Secret Service, under the direction of Special Agent-in-Charge Lewis Robinson, and the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy Whitcomb.
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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Two Men Charged in $8 Million Credit Card FraudRead the Press Release
NEWARK, N.J. – A grand jury today indicted two men, one from Ocean County, New Jersey, and the other from Utah, with carrying out a fraudulent scheme to obtain credit cards in the names of third parties, make purchases on the cards to generate rewards points, monetize the points, and cancel the purchases.
Aharon Lev, a/k/a “Aaron Lev,” a/k/a “Aron Lev,” a/k/a “David Gold,” a/k/a “David Monroe,” 33, of Lakewood, New Jersey, and Timothy Gibson, 43, of Lehi, Utah, are charged by indictment with one count each of conspiracy to commit wire fraud. Lev is also charged by indictment with two counts of wire fraud and two counts of aggravated identity theft. Lev was previously charged by complaint and released on bond to Israel; he is required to return to New Jersey by June 9, 2020, to be arraigned on the indictment. Gibson will make his initial appearance at a date to be determined.
According to documents filed in this case and statements made in court:
From August 2014 through May 2016, Lev recruited individuals to give him their personally identifiable information, such as names and Social Security numbers, which Lev used to open numerous small-business accounts in their names with the victim credit card company. With Gibson’s assistance, Lev then used those accounts to make purchases that generated rewards points, which could be redeemed for frequent-flyer miles with various airlines. Once the points were issued, Lev cancelled the purchases and sold the points to Gibson, who resold them to third parties for use as miles to purchase airfare. Over two years, the scheme cost the credit card company more than $8 million in fees paid to the airlines for acceptance of points for miles.
Each charge of wire fraud and conspiracy to commit wire fraud carries a maximum penalty of 20 years in prison, a $250,000 fine, restitution, and forfeiture. Each charge of aggravated identity theft carries a mandatory sentence of two years in prison, to be served consecutive to any sentence on the wire-fraud and conspiracy charges.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, and postal inspectors with the U.S. Postal Inspection Service, under the direction of Inspector in Charge James Buthorn, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Sarah A. Sulkowski of the U.S. Attorney’s Office’s Cybercrime Unit in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Two Brothers Indicted on Federal Firearm ChargesRead the Press Release
St. Louis, Missouri – Keith D. Thomas, 29, of St. Louis, and Leonard Thomas, 35, of St. Louis, were each indicted by a federal grand jury with being a felon in possession of a firearm. Both were previously charged by federal complaint and appeared in court on May 21, 2020 for their initial appearance in front of U.S. Magistrate Judge David D. Noce.
According to court documents, in early February 2020, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) received information from a source that Keith Thomas, a Bureau of Prisons’ inmate, and his brother Leonard Thomas were attempting to purchase fully automatic firearms. Keith and Leonard negotiated a deal to purchase multiple firearms and Glock switches from undercover ATFE agents in exchange for cash and methamphetamine. Keith arranged a deal via telephone and Leonard met with agents. Both were arrested and multiple firearms and drugs were seized.
If convicted, the charge of felon in possession of a firearm carries a penalty of not more than 10 years in prison and a maximum fine of $250,000 or both. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
These charges are the result of a joint investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Allison Behrens is handling the case for the United States Attorney’s Office.
Charges set forth in the Indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Tolland Man Sentenced to 29 Months in Federal Prison for Cocaine Trafficking and Gun Possession OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that EDGARD MARTINEZ, 39, of Tolland, was sentenced today by U.S. District Judge Stefan R. Underhill to 29 months of imprisonment, followed by three years of supervised release, for trafficking cocaine and illegally possessing a firearm.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding occurred via videoconference.
According to court documents and statements made in court, in March 2019, law enforcement arranged two controlled purchases of cocaine in Bridgeport from Martinez and his associate, Desny Sosa-Hernandez. On March 20, 2019, after investigators coordinated the purchase of 300 grams of cocaine from Martinez and Sosa-Hernandez, Martinez drove from his residence in Tolland to pick up Sosa-Hernandez at his residence in Waterbury. The pair then intended to drive together to Bridgeport to consummate the drug transaction. When Martinez arrived at Sosa-Hernandez’s residence, investigators apprehended Martinez and Sosa-Hernandez and seized a brown paper bag containing 300 grams of cocaine inside Martinez’s vehicle. A subsequent search of Martinez’s residence revealed a .45 caliber handgun, a quantity of cocaine, and items used to process and package narcotics. A search of Sosa-Hernandez’s residence revealed shoeboxes containing a total of $18,111 in cash.
Martinez’s criminal history includes a felony narcotics conviction for which he received a four-year sentence.
Martinez has been detained since his federal arrest on March 28, 2019. On September 3, 2019, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, cocaine, and one count of possession of a firearm by a previously convicted felon.
On November 6, 2019, Sosa-Hernandez pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, cocaine. He is released on a $100,000 bond while awaiting sentencing.
This matter has been investigated by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area Task Force (HIDTA) and Milford Police Department. The Task Force includes participants from the Connecticut State Police and the Milford, Norwalk, Stamford, Stratford and Bridgeport Police Departments. The case is being prosecuted by Assistant U.S. Attorney Nathaniel J. Gentile.
Three Convicted Felons Charged in Federal Court with Illegally Possessing Handguns in ChicagoRead the Press Release
CHICAGO — A federal grand jury has returned indictments against three convicted felons for allegedly illegally possessing loaded handguns in Chicago.
MITCHELL AGNEW, 20, CARL ADAMS, 35, and ROLAND BLACK, 39, all of Chicago, are each charged with one count of illegal possession of a firearm by a convicted felon. All three defendants were previously convicted of criminal felonies and were not lawfully allowed to possess a firearm.
Three separate indictments were returned Wednesday in U.S. District Court in Chicago. All three defendants are in law enforcement custody. Arraignments have not yet been scheduled.
The indictments were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Kristen deTineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; James M. Gibbons, Special Agent-in-Charge of the Chicago office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and David Brown, Superintendent of the Chicago Police Department. The government is represented in the Agnew and Adams cases by Assistant U.S. Attorney Cornelius S. Vandenberg, and in the Black case by Assistant U.S. Attorney Grayson S. Walker.
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.
According to the charges, Agnew illegally possessed a loaded semiautomatic handgun on Feb. 16, 2020, in the East Garfield Park neighborhood; Adams illegally possessed a loaded handgun on Feb. 1, 2020, in the West Garfield Park neighborhood; and Black illegally possessed a loaded semiautomatic handgun on Feb. 11, 2017, in the Douglas neighborhood.
The public is reminded that an indictment 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.
The Department of Justice Files Statement of Interest in Support of Freedom of Religion for Colorado ChurchRead the Press Release
The Department of Justice today filed a statement of interest in a Colorado federal court supporting the First Amendment religious freedom claims of High Plains Harvest Church and its pastor.
The statement of interest is part of Attorney General William P. Barr's April 27, 2020 initiative directing Assistant Attorney General for Civil Rights, Eric Dreiband, and the U.S. Attorney for the Eastern District of Michigan, Matthew Schneider, to review state and local policies to ensure that civil liberties are protected during the COVID-19 pandemic.
“Especially during a crisis like this, the ability of people of faith to be able to exercise their religion is essential,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Colorado has offered no good reason for not trusting congregants who promise to use care in worship the same way it trusts diners inside a restaurant, or accountants, realtors or lawyers to do the same. The U.S. Department of Justice will continue to take action if states and localities infringe on the free exercise of religion or other civil liberties.”
“We appreciate the challenging position that the state and the governor face in trying to balance public safety with personal and religious freedoms,” said Jason Dunn, U.S. Attorney for the District of Colorado. “But when government restrictions cross the line into unconstitutional violations of religious liberty, it is my duty and that of the Department of Justice to engage and protect those interests.”
“As important as it is that we stay safe during these challenging times, it is also important for states to remember that we do not abandon all of our freedoms in times of emergency,” said Matthew Schneider, U.S. Attorney for the Eastern District of Michigan, who, with Assistant Attorney General Dreiband, is overseeing the Justice Department’s effort to monitor state and local polices relating to the COVID-19 pandemic. “Unlawful discrimination against people who exercise their right to religion violates the First Amendment, whether we are in a pandemic or not.”
In response to the COVID-19 pandemic, Colorado’s Governor and the Colorado Department of Public Health and Environment (CDPHE) have issued various orders imposing limitations on in-person gatherings and, more recently, less restrictive rules for indoor service at restaurants. The guidance provides expressly that “[i]ndoor dine-in service can be held at 50% of the posted occupancy code limit and a maximum of 50 patrons,” if social distancing between parties of “eight people or fewer” is maintained, masks are worn, and other precautions are met. The rules for religious services in a place of worship are significantly more restrictive. Under guidance issued by CDPHE, religious gatherings inside a place of worship are permitted only “if physical distancing is observed and the gatherings are of 10 or fewer people in each room.” Places of worship thus are not allowed to host more than ten worshippers, even if they socially distance, and whether or not they are in the same party — unlike various businesses, including marijuana dispensaries, legal, accounting and real estate services, which may admit numerous customers into a single space so long as those customers socially distance, and unlike restaurants, which have been exempted from the public gathering limits and now may seat 50 customers, who may sit in parties where the members of the party are not socially distanced.
In its statement of interest, the United States explains that because Colorado appears to be treating similarly situated non-religious activity, such as in-person dining in restaurants, better than places of worship these actions may constitute a violation of the church’s constitutional right to the free exercise of religion.
Tennessee Woman Pleads Guilty to Federal Drug ChargeRead the Press Release
ABINGDON, Va. – A Tennessee woman pleaded guilty yesterday in U.S. District Court in Abingdon to a federal drug conspiracy charge related to the distribution of more than 500 grams of methamphetamine between 2017 and September 2019, United States Attorney Thomas T. Cullen announced today.
Kayla Quesenberry, 31, pleaded guilty yesterday to one count of conspiracy to possess with the intent to distribute 500 grams or more of methamphetamine. A sentencing hearing has been scheduled for August 28, 2020. At sentencing, Quesenberry faces a mandatory minimum sentence of 10 years in prison and a maximum sentence of lifetime incarceration.
According to court documents, from approximately October 2017 to September 2019 Quesenberry was a member of a drug distribution conspiracy that operated in Northeast Tennessee and Southwest Virginia. As part of the conspiracy, Quesenberry obtained and transported multiple kilograms of methamphetamine from or for various sources and provided it to other members of the conspiracy for re-distribution throughout Southwest Virginia.
The investigation was handled by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, and the Virginia State Police. Assistant United States Attorney Cagle Juhan prosecuted the case for the United States.
Three Fedeal Defendants Appear in CourtRead the Press Release
Skyler Sven Quiver, age 25, of Ethete, Wyoming appeared before Chief Federal District Court Judge Scott W. Skavdahl on May 28, 2020 after being indicted by a federal grand jury on May 21, 2020. Skyler Quiver was indicted on a single count of sexual abuse. He was advised of the charges against him and his arraignment and detention hearing is scheduled for June 2, 2020.
Ambrose Eugene Magnan, age 18, of Ethete, Wyoming, was arrested on May 22, 2020 after being indicted by a federal grand jury and made his initial appearance before Chief United States Magistrate Judge Kelly H. Rankin. Magnan pled not guilty to assault by suffocation and his trial is set for July 27, 2020.
Alonzo Tapaha Tabaho, age 32, of St. Stephens, Wyoming, appeared before Chief United States Magistrate Judge Kelly H. Rankin after being indicted for sexual abuse of a minor. Tabaho pled not guilty to the charge in the federal indictment, which was handed down on May 21, 2020. His trial is set for July 27, 2020 in federal court.
“Domestic violence and sexual assault cases often present difficult challenges for investigators and prosecutors. Nevertheless, we remain committed to taking on these cases, seeking justice, and working to protect the most vulnerable in our society.” stated United States Attorney Mark A. Klaassen.
All defendants are presumed innocent until when and if proven guilty. Quiver, Magnan and Tabaho were all remanded to the custody of the United States Marshals Service.
Sun Prairie Man Sentenced to 66 Months for Heroin ConspiracyRead the Press Release
MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Cortez Jackson, 39, Sun Prairie, Wisconsin was sentenced yesterday by Chief U.S. District Judge James D. Peterson to 66 months in prison for conspiracy to distribute heroin, fentanyl, and cocaine. Jackson pleaded guilty to this charge on November 8, 2019.
At sentencing, Judge Peterson found that Jackson was responsible for distributing a large amount of heroin – some of which was laced with fentanyl – during a six-month period in the Madison area. Judge Peterson stressed that the defendant had a sustained criminal history and exploited the illness of others for his own profit.
Co-defendant Van Williamson, who was the leader of the conspiracy, was sentenced by Judge Peterson to 8 years in federal prison on March 12, 2020.
The charge against Jackson was the result of an investigation conducted by the Dane County Narcotics Task Force, Drug Enforcement Administration, Sun Prairie Police Department, and the Madison Police Department. The prosecution of the case has been handled by U.S. Attorney Scott C. Blader and Assistant U.S. Attorney David J. Reinhard.
South Carolina Man Pleads Guilty to Making a Bomb Threat to a Clinic and Lying to the FBIRead the Press Release
Rodney Allen, 43, of Beaufort, South Carolina, pleaded guilty today 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 (FBI).
“Federal law makes it illegal to threaten to blow up people and to lie to the FBI about bomb threats,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division will continue to enforce the Freedom of Access to Clinic Entrances Act to protect all people in our nation from the kind of cowardly threat and lies that led to this case.”
“Healthcare facilities, and those who receive their services, should be able to operate free from fear of threats or harm,” said U.S. 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 U.S. 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.
Sioux City Man Sentenced to Federal Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
A Sioux City man who was distributing methamphetamine in and around the Sioux City area was sentenced Thursday, May 28, 2020 to more than 20 years in federal prison.
Jeremy William Lillich, age 45, from Sioux City, IA, received the prison term after a guilty plea to possession with the intent to distribute methamphetamine.
In a plea agreement, Lillich admitted that on February 3, 2019, he was in Sloan, Iowa at a car wash bay around 3:00 a.m. with co-defendant, Patrick Steffens. Lillich was the owner of the car, however Steffens was driving the car due to Lillich not having a valid driver’s license. Law enforcement noticed the car in the car wash and became concerned, due to recent thefts at car washes in neighboring rural cities. Law enforcement searched the vehicle after a K-9 detected the presence of drugs in the car. Law enforcement found approximately two pounds of methamphetamine and twenty-eight grams of cocaine inside a bag on the passenger’s seat. Lillich intended to sell the methamphetamine in and around Sioux City and other places. Lillich was a career offender with criminal history that included two prior felony drug offenses, manslaughter, assault, and other crimes. Lillich admitted at sentencing that he was selling methamphetamine.
Lillich was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Lillich was sentenced to 262 months’ imprisonment. He must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.
Lillich is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Jack Lammers and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-4022.
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Romanian Man Sentenced to 34 months for Aggravated Identity Theft and Access-Device FraudRead the Press Release
BIRMINGHAM, Ala. – A federal judge yesterday sentenced a Romanian man for aggravated identity theft and access device fraud, announced U.S. Attorney Jay E. Town and U.S. Immigration and Custom Enforcement’s Homeland Security Investigations Assistant Special Agent in Charge for Alabama James G. Hernandez.
U.S. District Judge Liles C. Burke sentenced Alexandru Stoica, 35, to 34 months for aggravated identity theft and illegally possessing and using fraudulent access devices in Limestone County in October 2019.
According to court documents, Stoica knowingly used and attempted to use unauthorized access devices – gift cards – encoded with bank account numbers each issued to other persons, for the purpose of withdrawing money from the bank accounts.
“Credit card fraud and identity theft causes tremendous financial hardship and stress for the victims. It robs them of their privacy and sense of security,” Town said. “Those who engage in such cowardly behavior will continue to be prosecuted in a federal courtroom and, once convicted, continue on to federal prison.”
“This sentencing is a warning to other criminals that crime doesn’t pay. We will continue to identify and arrest individuals stealing from the hardworking people of this community,” said James Hernandez, Assistant Special Agent in Charge for Alabama. “Protecting the integrity of the nation’s financial systems is one of HSI’s top priorities and we will remain ever vigilant.”
Immigration and Custom Enforcement’s Homeland Security Investigations investigated the case, which Assistant U.S. Attorney Michael R. Pillsbury prosecuted.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Rochester Man Arrested, Charged for His Role in Two Home InvasionsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Jefery Steadman-Loyd, 25, of Rochester, was arrested and charged by criminal complaint with Hobbs Act robbery and possession and brandishing of a firearm in furtherance of, and carrying and brandishing a firearm during and in relation to, a crime of violence. The Hobbs Act charges carry a maximum penalty of 20 years in prison and the firearms charges carry a maximum penalty of life in prison.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that according to the complaint, the defendant is facing charges for his role in two home invasions in the City of Rochester:
• Late in the evening of March 25, 2020, Rochester Police Officers were dispatched to a residence on Avenue E in Rochester, for the report a home invasion robbery. When officers arrived, the victim indicated that two males forced their way into her residence with handguns and robbed her. The victim stated she was tied up with a bed sheet and the suspects kept asking her where the drugs and money were.
• Just a few hours later, in the early morning hours of March 26, 2020, Rochester Police Officers were dispatched to a residence on Wellington Avenue in Rochester. One of the residents stated that three suspects began asking where the money and drugs were. One of the suspects held a knife to a female victim while the other pointed a gun at a male victim. The suspects eventually left the residence with a Gucci purse, which contained credit/debit cards and two Louis Vuitton wallets, a Sony PlayStation 4, two cell phones, a key fob for a Lexus parked in the driveway, and approximately $2,000.00 in cash.Also charged in this case are co-defendants Robert Forbes, Jr. and Eric Lowe.
The complaint is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
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.
President’s Commission on Law Enforcement and the Administration of Justice Concludes Hearing on Rural and Tribal Justice, Begins Hearing on Community EngagementRead the Press Release
This week, the President’s Commission on Law Enforcement and the Administration of Justice concluded its hearing on rural and tribal justice with a panel on public safety challenges within American Indian and Alaska Native communities. The commission also began its hearing on community engagement, with a panel on civil rights and oversight. The hearings were conducted via teleconference and featured expert witnesses who provided testimony and answered questions from the commissioners.
On Wednesday, May 27, the commission received testimony from Kurt Alme, U.S. Attorney for the District of Montana; Kevin Allis, Chief Executive Officer of the National Congress of American Indians; Leanne Guy, Executive Director of Southwest Indigenous Women’s Coalition; Vivian Korthuis, Chief Executive Officer of the Association of Village Council Presidents, and; Charles Addington, Director of the Office of Justice Services (OJS), Bureau of Indian Affairs (BIA).
The five panelists discussed the public safety challenges within American Indian and Alaska Native communities. The testimonies touched on the need for more law enforcement resources, such as training, equipment, and funding for salaries. The panelists also emphasized the disproportionate rates of substance abuse and violence faced by American Indian and Native Alaska communities, particularly the rates of sexual violence. They highlighted the fact that a significant percentage of the crime in Indian country is perpetrated by non-tribal members, yet tribal law enforcement does not have the jurisdiction to prosecute offenders who are not tribal members.
On Thursday, May 28, the commission heard testimony from Farhio Khalif, Founder and Executive Director of the Voice of East African Women in Minnesota; Susan Hutson, President of the National Association for Civilian Oversight of Law Enforcement, and; Amy Blasher, Director of the Crime Statistics Management Unit, Federal Bureau of Investigation.
Testimony and discussion focused on civil rights, community engagement, and civilian oversight. Ms. Khalif stressed that thriving, safe communities require strong partnerships and mutual trust between community leaders and law enforcement. Ms. Hutson discussed the importance of civilian oversight of law enforcement, and Ms. Blasher outlined the role the FBI plays in training law enforcement agencies on hate crime investigations.
The commission will conclude its hearing on community engagement 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.
Passaic County Man Admits Unauthorized use of the Seal of the United States House of RepresentativesRead the Press Release
NEWARK, N.J. – A former staffer for a member of the United States House of Representatives today admitted using, without authorization, the seal of the House of Representatives in connection with falsified letters written on the member’s congressional letterhead, U.S. Attorney Craig Carpenito announced.
Patrick Sheehan, 29, of West Milford, New Jersey, pleaded guilty during a videoconference before U.S. Magistrate Judge Michael A. Hammer to an information charging him with the unauthorized use of the seal of the United States House of Representatives.
According to documents filed in this case and statements made in court:
Sheehan was employed in the Newton, New Jersey, office of a member of the United States House of Representatives from February 2018 to August 2019. As a staff member, he had access to the member’s official letterhead, which contained the likeness of the seal of the United States House of Representatives.
In July 2019, Sheehan falsified and mailed to various recipients a series of letters. The first letters purported to be from another employee of the member and contained false information regarding the member and that employee. The employee did not create, approve, or sign those letters. Sheehan then falsified multiple copies of a letter on the member’s official letterhead purporting to be from the member. That letter, which the member did not create, approve, or sign, responded to the false information in the employee letters, and also contained false information. The phony letters that Sheehan created and distributed contained the likeness of the seal of the House of Representatives.
Sheehan faces a maximum potential penalty of six months in prison, five years of probation, and a fine of $5,000. Sentencing is scheduled for Sept. 29, 2020.
U.S. Attorney Carpenito credited special agents with the U.S. Capitol Police, under the direction of Chief of Police Steven A. Sund, inspectors with the U.S. Postal Inspection Service, under the direction of Inspector in Charge James Buthorn, and special agents with the U.S. Attorney’s Office for the District of New Jersey with the investigation.
The government is represented by Assistant U.S. Attorney Cari Fais of the Special Prosecutions Division in Newark.
NextHealth, Forest Park Executive Sentenced to 6+ YearsRead the Press Release
A healthcare executive at the center of two massive healthcare fraud scams has been sentenced to more than six years in federal prison, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
55-year-old Semyon Narasov, a former NextHealth and Forest Park Medical Center executive, was sentenced Friday by U.S. District Judge Jack Zouhary to 76 months in federal prison.
He pleaded guilty in 2018 to conspiracy to commit money laundering in the NextHealth case and to conspiracy to pay and receive healthcare bribes and kickbacks in the Forest Park case.
“This defendant was a central figure in not one, but two significant healthcare fraud schemes,” said U.S. Attorney Nealy Cox. “We cannot and will not allow health professionals to pervert an industry that should be solely focused on helping patients.”
According to court documents, Mr. Narasov admitted that Forest Park paid him and his business partner, Andrew Hillman, $190,000 to refer patients to the facility or to surgeons with privileges there.
He and Mr. Hillman submitted phony invoices to conceal the bribes, which were funneled through Adelaide Business Solutions, a shell entity, he said.
Mr. Narasov also admitted that while at NextHealth, he and Mr. Hillman submitted fraudulent claims to private and government health insurance providers – seeking reimbursement for prescriptions that were medically unnecessary, prescriptions for misbranded, non-FDA-approved drugs, and prescriptions prescribed by physicians who were receiving kickbacks, all while falsely claiming they had charged patients co-pays.
(Mr. Hillman also pleaded guilty to his role in both schemes, and was sentenced in December 2019 to 66 months in federal prison.)
The cases were investigated by the U.S. Office of Personnel Management Office of Inspector General, the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation, the U.S. Department of Labor Office of Inspector General, the U.S. Department of Defense - Defense Criminal Investigative Service, and the U.S. Postal Service Office of Inspector General, with assistance from the Food and Drug Administration Office of Criminal Investigations. Assistant U.S. Attorneys Andrew Wirmani, Marcus Busch, and Chad Meacham prosecuted.
New Orleans Man Pleads Guilty to Conspiring to Stage Automobile Accidents in Order to Defraud Insurance and Trucking CompaniesRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Peter G. Strasser announced MARIO SOLOMON (“SOLOMON”), age 48, of New Orleans, entered a plea of guilty on May 28, 2020 to Conspiracy to Commit Wire Fraud, in violation of Title 18, United States Code, Section 371, arising out of staged automobile accidents with tractor-trailers occurring in New Orleans.
According to the guilty plea, SOLOMON, along with his co-conspirators and others, beginning in approximately June 2017 and continuing through the present, conspired to commit wire fraud in connection with staged accidents, including two that occurred on June 6, 2017, and June 12, 2017. Previously, on January, 30, 2020, five of SOLOMON’s codefendants (Larry Williams, Lucinda Thomas, Mary Wade, Judy Williams, and Dashontae Young) all tendered guilty pleas and admitted to their knowing participation in a scheme to stage automobile accidents in the New Orleans area in an effort to defraud insurance and trucking companies.
SOLOMON admitted to acting as a “spotter” for a codefendant in both the June 6 and the June 12 staged automobile accidents alleged in the Superseding Indictment. As a “spotter,” SOLOMON would follow his codefendant in a separate vehicle as his codefendant prepared to stage accidents with 18-wheeler tractor-trailers. After the accidents, SOLOMON would pick up the codefendant after he exited the vehicle in which he had staged an accident. SOLOMON was paid in exchange for serving as a “spotter.” According to today’s guilty plea, SOLOMON served as a spotter in at least two car accidents that his codefendant staged with 18-wheeler tractor-trailers. SOLOMON’s codefendants received a total of $43,000 as a result of the fraudulent lawsuits that were filed on their behalf.
SOLOMON faces a maximum sentence of five (5) years. Upon release from prison, SOLOMON also faces a term of supervised release up to (3) three years, and/or a fine of $250,000 or the greater of twice the gross gain to each defendant or twice the gross loss to any person under Title 18, United States Code, Section 371. Sentencing in this matter is scheduled to occur on September 17, 2020 before U.S. District Judge Eldon Fallon.
The U.S. Attorney’s Office would also like to acknowledge the assistance of the Federal Bureau of Investigation, Louisiana State Police, and the Metropolitan Crime Commission with this matter. The prosecution of this case is being handled by Assistant U.S. Attorney Brian M. Klebba, Supervisor of the Financial Crimes Unit; Assistant U.S. Attorney Shirin Hakimzadeh; Assistant U.S. Attorney Edward Rivera; and Assistant U.S. Attorney Maria Carboni.
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Navajo man from Ojo Encino, New Mexico sentenced to life in federal prison for child sexual abuseRead the Press Release
ALBUQUERQUE – Francis Woody, 60, of Ojo Encino, N.M., was sentenced on May 27 in federal court in Albuquerque to life in prison for child sexual abuse in Indian Country.
A jury convicted Woody on Aug. 23, 2019 of two counts of abusive sexual contactand one count of aggravated sexual abuse. According to the evidence at trial and other public court records, Woody committed these offenses on the Navajo Nation in Sandoval County, New Mexico. He sexually abused a child under the age of twelve between March 18, 2015 and Oct. 4, 2016. Woody also abused another child under the age of twelve between May 1, 1999, and Nov. 30, 2002.
The Albuquerque office of the FBI investigated this case. Assistant U.S. Attorneys Raquel Ruiz-Velez and David P. Cowen prosecuted the case.
Mexican national faces life for importing liquid methRead the Press Release
LAREDO, Texas – A 27-year-old resident of Reynosa, Tamaulipas, Mexico, has been charged with conspiracy and importation of meth, announced U.S. Attorney Ryan K. Patrick.
A federal grand jury sitting in Houston returned the two-count indictment again Luis Angel Burnias-Reyes today. Originally charged by criminal complaint March 19, he remains in custody. He is set to make his initial appearance before a U.S. magistrate judge in Laredo next week.
On Nov. 7, 2019, Burnias-Reyes allegedly entered the United States through a port of entry near McAllen utilizing a B1/B2 visa and driving a tractor-trailer. The charges allege he transported a large commercial tire inside the trailer that contained approximately 51 kilograms of liquid meth. He delivered the drug-laden tire in McAllen, according to the charges, and then returned to Mexico.
He was later arrested March 19 near Pharr after trying to re-enter the country at the port of entry. His visa was cancelled because of the arrest.
The estimated street value of the drugs is approximately $400,000.
If convicted, he faces a mandatory minimum of 10 years and up to life in federal prison on each count and a possible $10 million maximum fine.
Immigration and Customs Enforcement’s Homeland Security Investigations is conducted the investigation. Assistant U.S. Attorney Anthony J. Evans is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Mexican National Convicted of Conspiring to Distribute Cocaine and Money LaunderingRead the Press Release
LEXINGTON, Ky. - A Mexican National residing in Lexington was convicted today, by a federal jury sitting in Lexington, of two counts of conspiring to distribute cocaine and one count of conspiracy to commit money laundering.
After three hours of deliberations, following a three day-trial, the jury convicted 36-year-old Daniel Segura-Corro of conspiring to distribute five kilograms or more of cocaine, conspiring to distribute 500 grams or more of cocaine, and conspiring to commit money laundering.
According to testimony at trial, in early 2015, Segura-Corro engaged in an agreement with other individuals from Mexico to distribute more than five kilograms of cocaine in the Lexington area. In August of 2015, several search warrants were executed by the Lexington Police Department, recovering approximately $20,000 in cash and large quantities of cocaine, from his residence.
The evidence at trial established that Segura-Corro and other co-conspirators fled to Mexico, after the Lexington Police Department seized this cocaine. In mid-2018, the investigation led to several additional search warrants, where additional kilograms of cocaine were recovered. In July 2019, a search warrant was executed at Segura-Corro’s apartment, resulting in the seizure of more than $99,000 in drug proceeds. In the course of the investigation, $188,000 in drug proceeds and seven kilograms of cocaine were seized. Segura-Corro was sending thousands of dollars of drug proceeds, by wire transfer, to his hometown of Vera Cruz, Mexico. Segura-Cora was ordered to forfeit the $99,000 in drug proceeds.
Segura-Coro was indicted in February of 2020.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown Jr., Special Agent in Charge, FBI Louisville Field Division; and Chief Lawrence Weathers, Lexington Police Department, jointly announced the conviction.
The investigation was conducted by FBI and the Lexington Police Department. The United States was represented in the case by Assistant U.S. Attorney Roger W. West.
Segura-Coro will appear for sentencing on September 4, 2020. He faces a mandatory minimum of 10 years, up to a maximum of life in prison. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal statutes before imposing a sentence.
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Member of Rochester Drug Trafficking Organization Pleads Guilty to Murdering A Rival Drug DealerRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jonathan Cruz-Carmona, a/k/a Tapon, a/k/a Eneno, 29, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to murder with a firearm in furtherance of drug trafficking crime. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorneys Katelyn M. Hartford, Cassie M. Kocher, and Robert A. Marangola, who are handling the case, stated that between 2015 and January 29, 2018, the defendant was a member of a Rochester drug trafficking organization run by co-defendant Carlos Javier Figueroa. The organization was responsible for selling cocaine and heroin in Rochester in the areas of Clinton Avenue, Burbank Street, LaForce Street, and Conkey Avenue. Carmona packaged, sold, and distributed quantities of cocaine and heroin, and acted as an enforcer to protect the interests of the organization.
On September 12, 2016, the defendant observed Walter Ross, a rival drug dealer, in the area of Clinton Avenue and Burbank Street in Rochester. Carmona had previously warned Ross not to sell drugs in that neighborhood because it was part of the Figueroa organization’s territory. At the direction of Carlos Javier Figueroa, the defendant approached the car Ross was sitting in at the corner of Clinton Avenue and Burbank Street, and shot several times through the window, striking and killing Ross.
Charges remain pending against Carlos Javier Figueroa. The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greece Police Department, under the direction of Chief Patrick Phelan; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Eduardo Payan.
Sentencing is scheduled for September 8, 2020, at 10:00 a.m. before Judge Geraci.
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McKeesport Felon Charged with Illegally Possessing AmmunitionRead the Press Release
PITTSBURGH, PA- A resident of McKeesport, PA, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
The one-count Indictment, returned on May 19 and unsealed on May 28, named Raymont Bentley, 27, as the sole defendant.
According to Indictment presented to the court, on March 8 2020, Bentley possessed ammunition, after having been convicted of crimes punishable by more than one year in prison. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm or ammunition.
The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. The defendant remains incarcerated pending the resolution of the case.
Assistant United States Attorney Brian M. Czarnecki is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the McKeesport Police Department conducted the investigation leading to the Indictment in this case. The case was brought as part of Project Safe Neighborhoods. 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.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Man from Albuquerque sentenced to 24 months in federal prison for assaulting federal employeeRead the Press Release
ALBUQUERQUE, N.M. – Ethan Guido, 31, of Albuquerque, New Mexico was sentenced in federal court on May 27 in Albuquerque to 24 months in prison for assault upon a federal employee involving use of a deadly weapon and assault upon a federal employee involving physical contact.
Guido pleaded guilty to these offenses on Aug. 20, 2019. According to Guido’s plea agreement, he walked into a United States Postal Office with returned mail for insufficient postage in Bernalillo County, New Mexico on May 29, 2019. As postal service members attempted to explain the reason for the returned mail, Guido became angry and was asked to leave. Guido then walked up to the postal service member as he walked out of the building and rammed him with his chest, knocking the postal service member to the ground. Guido then proceeded to drive away from the parking lot, reversed his car, hit the postal service member and sped away.
The United States Postal Inspection Service investigated this case. Assistant U.S. Attorneys Eva Mae Fontanez and Niki Tapia-Brito prosecuted the case.
Man Indicted for COVID-19 Related Loan FraudRead the Press Release
NEWPORT NEWS, Va. – A federal grand jury returned an indictment today charging a Norfolk man with submitting fraudulent disaster-related loan applications in connection with the COVID-19 outbreak that resulted in the disbursement of over $190,000 in proceeds.
“The COVID-19 pandemic continues to affect our communities in innumerable ways,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “The CARES Act provides emergency relief to help mitigate some of those effects. Fraud targeting CARES Act benefits unjustly diverts these resources away from the people and businesses who most need them. EDVA remains steadfastly committed to prosecuting those who seek to exploit this crisis for their own personal gain.”
According to the indictment, from at least March 2020 to May 2020, Joseph Cherry II, 39, allegedly engaged in a scheme to fraudulently obtain disaster-related loan benefits in the form of United States Small Business Administration (SBA) sponsored Economic Injury Disaster (EIDL) loans and a Paycheck Protection Program (PPP) loan. These SBA programs, initiated and expanded under The CARES Act, are designed to provide support for small businesses for expenses related to the COVID-19 outbreak.
“Providing false statements to gain access to SBA’s programs will be aggressively investigated by our office,” said Hannibal “Mike” Ware, Inspector General of the U.S. Small Business Administration. “SBA OIG and its law enforcement partners are poised to root out fraud in SBA’s programs and bring wrongdoers to justice. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and pursuit of justice.”
This kind of fraud reaches deep into the community by diverting critical funds intended to help struggling businesses survive and help people hold onto their livelihoods. It is unconscionable that anyone would attempt to steal from the community using the CARES Act to line their own pockets during this national crisis. The FBI is committed to rooting out this kind of fraud to help ensure these critical funds go where they are needed most. Anyone with information on CARES Act and other COVID-19 related fraud is asked to submit a tip to the FBI at tips.fbi.gov.”
According to the indictment, Cherry, who was serving a term of federal supervised release, allegedly submitted applications for these loans that contained false statements and misrepresentations related to his income, employment, claimed business entities and prior criminal record. The indictment alleges that Cherry fraudulently obtained proceeds of over $190,000 in April 2020. Further, in a few day period, Cherry converted to cash or a cashier’s check approximately $140,000 of these proceeds.
“The immediacy with which the Deputy Marshals responded in making this arrest should send a clear message to those intending to misuse the financial resources our government is providing to those trying to recover from the ongoing pandemic,” said Nick E. Proffitt, U.S. Marshal for the Eastern District of Virginia. “The public should take comfort in knowing that even in this difficult COVID-19 environment, Deputy United States Marshals are at work each and every day to help ensure the community is safe, and justice is served.”
Cherry is charged in a 10-count indictment with charges of wire fraud, theft of government property, false statements to the small business administration, and money laundering. If convicted, he faces statutory maximums ranging from 10 to 30 years in prison on each count. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
“Unfortunately, during these uncertain times, individuals fraudulently take advantage of programs meant to help those in need,” said Kelly R. Jackson, the IRS-CI Special Agent in Charge. “We will prioritize investigations of these shameless perpetrators and work with our law enforcement partners to bring these individuals to justice.”
The Department of Justice remains vigilant in detecting, investigating, and prosecuting wrongdoing related to the COVID-19 pandemic. Under the leadership of Attorney General William Barr, U.S. Attorneys appointed Coronavirus Fraud Coordinators to work with federal, state, local and tribal law enforcement partners to protect the public from scammers who are attempting to prey upon fears. The Department is also committed to preventing hoarding and price gouging for critical supplies during this crisis. To address this, Attorney General Barr created the COVID-19 Hoarding and Price Gouging Task Force. If you think you are a victim of a scam or attempted fraud involving COVID-19, contact the National Center for Disaster Fraud Hotline at 866-720-5721 or via email at [email protected]. Members of the public in the Eastern District of Virginia are also encouraged to call 804-819-5416, or email [email protected] to reach their local Coronavirus Fraud Coordinator.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Nick E. Proffitt, U.S. Marshal for the Eastern District of Virginia; Hannibal “Mike” Ware, Inspector General of the Small Business Administration (SBA); Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office; Kelly R. Jackson, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI); and Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, made the announcement. Assistant U.S. Attorney Brian Samuels is prosecuting the case.
The Norfolk Police Department Special Operations Team provided significant assistance with the arrest to the U.S. Marshals Fugitive Task Force.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:20-cr-27.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
Local woman charged federally with shooting Columbus police officer, participating in drug conspiracyRead the Press Release
COLUMBUS, Ohio – The woman accused of shooting a Columbus police officer during a search warrant on Chelford Drive yesterday morning allegedly told her incarcerated son in a jail call that she would shoot anyone who entered her home, whether law enforcement or civilian.
According to an affidavit sworn-out this morning in support of the federal criminal complaint, Rita Gray, 68, told son Eric Gray in May 2019, “If you break any door in I’ma be standing in that hallway…I don’t care nothing about you hollerin’ police because a robber could be police.”
“I’ll be standing right there in that hallway ready to blast. I’ll stand right around my corner there and blast however many shots I got,” Rita Gray added.
The affidavit alleges that on May 28, 2020, Gray shot and seriously wounded 53-year-old Columbus Police Officer Russ Weiner while Weiner participated in executing a narcotics-related search warrant at Gray’s residence.
According to the court document, agents and officers knocked on the door of the residence and announced their presence. After the knock and announce went unanswered, agents and officers made entry into the residence.
Upon entering the residence, law enforcement executing the warrant took on gunfire from Gray, who was present in the vicinity of an interior hallway. Gray was apprehended shortly thereafter, with two semiautomatic Glock manufactured pistols in close proximity.
In January 2020, state and federal law enforcement began an investigation into suspected drug trafficking, including irregular financial activity that is suspected of being related to money laundering and narcotics trafficking, involving Eric Gray, among others. That investigation remains ongoing.
Rita Gray is charged with conspiring to possess with intent to distribute methamphetamine and oxycodone, possession with intent to distribute oxycodone, and discharging a firearm in furtherance of a drug trafficking crime. If convicted on all counts, she faces at least 20 years and up to life in prison. Gray will appear via videoconferencing today at 1:30pm for an initial appearance before U.S. Magistrate Judge Chelsey Vascura.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Columbus Police Chief Thomas Quinlan; Jonathan McPherson, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); Bryant Jackson, Special Agent in Charge, Internal Revenue Service – Criminal Investigation (IRS-CI); Ohio Attorney General Dave Yost’s Bureau of Criminal Investigation (BCI) and Franklin County Prosecutor Ron O’Brien announced the charges. Assistant United States Attorneys S. Courter Shimeall and Salvador Dominguez are representing the United States in this case.
A criminal complaint merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
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KY Federal-State Law Enforcement Combatting Growing Threat of Child Exploitation During COVID PandemicRead the Press Release
LOUISVILLE, Ky. – The United States Attorney’s Office, Homeland Security Investigations (HSI), Federal Bureau of Investigation (FBI), United States Secret Service, and the Kentucky Office of the Attorney General are asking the public to continue to be alert as state, local, and federal law enforcement combat significant amounts of child exploitation in Kentucky during the COVID pandemic.
U.S. Attorney Russell Coleman; Kentucky Attorney General Daniel Cameron; Jerry C. Templet Jr., Special Agent in Charge of Homeland Security Investigations Nashville; Robert Brown, Special Agent in Charge of the FBI Louisville Field Office; Ralph Gerdes, Acting Special Agent in Charge Louisville Secret Service made the announcement today in an effort to protect Kentucky’s young people.
“The threat to our kids is very real and growing during this pandemic,” said U.S. Attorney Russell Coleman. “In Kentucky though, I could not be more proud of how law enforcement is working with a singularity of purpose across multiple agencies to protect our most vulnerable.”
“The responsibility to protect our children falls on all of us, and the cooperation and partnership among state and federal agencies is unprecedented,” said Attorney General Cameron. “At every level, we have a shared commitment to ending child exploitation and aggressively pursuing predators, and I am grateful for the dedication of our law enforcement community to seek justice on behalf of Kentucky’s children.”
Reports of child exploitation have increased significantly around the globe during the COVID-19 pandemic, and the FBI has received over 195 reports of incidents throughout the United States and in other countries in which a video teleconferencing participant was able to broadcast a video depicting child sexual abuse material (CSAM). The FBI considers this activity to be a violent crime, as every time child sexual abuse material is viewed, the depicted child is revictimized. Furthermore, anyone who inadvertently sees child sexual abuse material depicted during a virtual event is potentially a victim, as well.
Parents should be aware of several signs that may indicate their child is in danger. Including:
- Turning away from family and friends
- Receiving gifts through mail – from someone you don’t know
- Making calls to unknown numbers
- Taking extra steps to conceal online activity
- Having online friends they don’t know in real life
- Hiding their activity online
- Being overly protective of their devices
Some of the recent charged cases of child exploitation include cases investigated by the Kentucky law enforcement agencies listed above and tireless effort from numerous additional state and local partners. The Kentucky State Police has also been a critical partner in these cases as a foundational part of the Internet Crimes Against Children (ICAC) Task Force.
- Thomas Matthew Follmer, 48, of Louisville, Kentucky, was charged April 20, 2020, for attempting to entice a minor to engage in sexual activity. The attempted enticement charge carries a mandatory minimum of 10 years’ imprisonment, maximum potential sentence of life in prison, a maximum fine of $250,000.00, followed by no less than 5 years and could be up to a life term of Supervised Release.
- Barrett Lawrence, 37, of Franklin, Kentucky, was charged on May 8, 2020, with attempted receipt of child pornography, accessing with intent to view child pornography, receipt of child pornography, and possession of child pornography. Due to a prior conviction for the attempted rape of a three-year-old, Lawrence faces enhanced penalties. The combined mandatory minimum sentence is 15 years and potential maximum sentence is 120 years in prison, followed by no less than 5 years and could be up to a life term of Supervised Release. The maximum potential fine is $1,000,000.00.
- Chase Bowman-Raines, 23, of Morganton, North Carolina, who resides at Fort Campbell, charged on April 21, 2020, with possession and distribution of child pornography. He faces not less than 5 years and no more than 20 years for distribution of child pornography; and not more than 20 years for possession of child pornography. The charges also carry terms of at least five years and could be up to any number of years, including life, of supervised release.
- Shasta Maria Coiles, 38, of Lewisport, Kentucky, was charged March 26, 2020, with two counts of production of child pornography and one count of distribution of child pornography. If convicted at trial, faces not less than 15 years and not more than 40 years for distribution of child pornography; and not less than 10 years and not more than 20 years for possession of child pornography.
- Matthew Lyons, 33, of Elizabethtown, Kentucky, was charged in late April for sex trafficking of a child, attempted production of child pornography, attempted online enticement, distribution and possession of child pornography. If convicted at trial, and due to his prior conviction, Lyons faces not less than 25 years and not more than 50 years in prison for production of child pornography; not less than 10 years and not more than life for the attempted enticement and sex trafficking of a child; not less than 15 years and not more than 40 years for distribution of child pornography; and not less than 10 years and not more than 20 years for possession of child pornography. The charges also carry terms of at least five years and could be up to any number of years, including life, of supervised release.
- The United States Attorney’s Office for the Western District of Kentucky worked closely with the United States Attorney’s Office for the District of South Carolina leading to the arrest of Nathan Branham, 39, of Cheraw, South Carolina. The Criminal Complaint charged Branham with online enticement of a 13-year-old Louisville girl and transfer of obscene material to a minor. The combined penalties include a 10-year mandatory minimum term of imprisonment, maximum potential sentence of life, a $250,000.00 fine and Supervised Release of five years up to life.
There is no parole in the federal criminal justice 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.
Online child exploitation materials can be reported with the National Center for Missing & Exploited Children (NCMEC) at 1-800-843-5678 or online at www.cybertipline.org.
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Justice Department Sues Gloucester County Company for Fraud in Connection with New Jersey Turnpike Extension ProjectRead the Press Release
NEWARK, N.J. – The Justice Department today sued a Gloucesster County construction company for allegedly defrauding the United States by falsely claiming credit for using disadvantaged business entities, U.S. Attorney Craig Carpenito announced.
C. Abbonizio Contractors Inc., a company based in Sewell, New Jersey, allegedly defrauded the government by claiming to use disadvantaged entities when those entities were not actually used to perform work.
Companies performing federally funded work on New Jersey transportation projects sponsored by the New Jersey Department of Transportation (NJDOT) are required to utilize disadvantaged business entities (DBE) for a specified percentage of the work, and are required to certify their use of these entities.
According to the complaint filed today in U.S. District Court:
Abbonizio Contractors obtained a $39 million subcontract from PKF Mark III, the prime contractor on the Direct Connection Project, a federally funded reconfiguration of the interchanges of Routes I-295, I-76, and Route 42 in Camden County. PKF Mark III was required to perform 15 percent of the work with DBE contractors, and Abbonizio Contractors assumed that requirement as part of its subcontract. Abbonizio Contractors and its president, Peter Abbonizio, improperly claimed credit for using DBE to perform work on the project by reporting to PKF Mark III the use of DBE that did not actually perform work. The scheme involved hiring DBE not to perform work, but merely to fraudulently invoice work as their own that was actually performed by other companies, in violation of the contract and federal regulations.
U.S. Attorney Carpenito credited special agents of the U.S. Department of Transportation, Office of Inspector General under the direction of Acting Inspector General Howard R. Elliot, and agents of the Port Authority of New York and New Jersey, Office of the Inspector General under Acting Inspector General Michael Farbiarz, with the investigation leading to the filing of this civil fraud complaint.
The government is represented by Assistant U.S. Attorney Mark C. Orlowski of the U.S. Attorney’s Government Fraud Unit in Newark.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto on a criminal complaint on May 26 was:
Oscar Noe Celio Luna, 32, of Bakersfield, CA, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Luna faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Luna was detained pending further proceedings. The Montana Division of Criminal Investigation, Missouri River Drug Task Force, Homeland Security Investigations and Helena Police Department investigated the case. Pacer case reference. 20-8.
If the above cases are of interest to your media organization and the community it serves, we encourage you to monitor its progress regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Husband and Wife Working at University Arrested for Wire Fraud Involving Department of Energy GrantRead the Press Release
OKLAHOMA CITY – Shaorong Liu ("Liu") and Juan Lu ("Lu"), both of Norman, have been arrested and charged with conspiracy to commit wire fraud, announced U.S. Attorney Timothy J. Downing.
According to an affidavit in support of a criminal complaint, Liu and Lu are employed at the University of Oklahoma Department of Chemistry and Biochemistry. Liu and Lu also controlled a company, MicroChem Solutions (MCS). Through MCS, they applied for and received federal grant monies from the Department of Energy. The mission of the grant program was to support scientific excellence and technological innovation through the investment of federal research funds in critical American priorities to build a strong national economy. The affidavit alleges Liu and Lu spent this grant money on matters unrelated to the purpose of the grant funding, including on personal expenses.
Today, Liu and Lu made an initial appearance before U.S. Magistrate Judge Suzanne Mitchell in Oklahoma City. If found guilty, Liu and Lu face a maximum penalty of twenty years in prison.
This case is a result of an investigation by the Department of Energy Office of Inspector General, the National Science Foundation Office of Inspector General, and the Federal Bureau of Investigation Oklahoma City Field Office. Assistant U.S. Attorneys Will Farrior and Matt Dillon are prosecuting the case.
The public is reminded that these charges are merely an allegation and that both defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
Reference is made to public filings for more information. To download a photo of U.S. Attorney Downing, click here.
Harvey Woman Pleads in Credit Card Fraud ConspiracyRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that KEYIRA GABLE, age 33, a resident of Harvey, Louisiana, pleaded guilty May 28, 2020 before U.S. District Judge Barry W. Ashe to conspiracy to commit access device fraud and aggravated identity theft.
According to court documents, GABLE and the other defendants engaged in a scheme to obtain merchandise and cash from stores through fraud. The defendants obtained stolen credit and debit card information, encoded it onto cards, and then used that information to purchase items at stores. The defendants would then return the items at a different store of the same chain, but they would deceive store workers in order to have the chargeback credited to their own own bank accounts. Court documents also detail how, in June 2017, GABLE was arrested by Slidell Police Department officers at a Kay Jewelers store while attempting to conduct a fraudulent transaction using stolen identification and stolen credit card information.
GABLE pleaded guilty to conspiracy to commit access device fraud, for which she faces a maximum penalty of five years of imprisonment. GABLE also pleaded guilty to aggravated identity theft, which carries a mandatory two years of imprisonment to be served consecutively with any other sentence. Both counts also carry a maximum of fine of up to $250,000.00, or twice the gross gain or gross loss caused by this scheme. Sentencing is set for September 3, 2020, before Judge Ashe.
U.S. Attorney Strasser praised the agencies that contributed to this conviction, which represents a coordinated effort of federal and state law enforcement authorities within the Louisiana Financial Crimes Task Force. The Task Force includes representatives from the U.S. Secret Service, U.S. Postal Inspection Service, Louisiana Attorney General’s Office, Jefferson Parish Sheriff’s Office, New Orleans Police Department, Slidell Police Department, Covington Police Department, Hammond Police Department, Kenner Police Department, Louisiana State Police, Mandeville Police Department, St. Bernard Parish Sheriff’s Office, St. John The Baptist Sheriff’s Office, St. Tammany Parish Sheriff’s Office, Tangipahoa Parish Sheriff’s Office, St. Tammany Parish District Attorney’s Office, Homeland Security Investigations, U.S. State Department, Internal Revenue Service, Social Security Administration-Office of Inspector General, and the Defense Criminal Investigative Service. U.S. Attorney Strasser also thanked the Franklin (TN) Police Department, the Mobile Police Department, the Gulfport Police Department, the Minnetonka (MN) Police Department, the Jefferson Parish District Attorney’s Office, and the Orleans Parish District Attorney’s Office for their assistance. Assistant United States Attorneys Matthew R. Payne and K. Paige O’Hale are in charge of the prosecution.
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Georgia Woman Pleads Guilty to COVID-19 Related Federal Offense for Selling Unregistered Pesticides on eBayRead the Press Release
A Georgia woman who sold an unregistered pesticide, which she claimed protected against viruses such as COVID-19, has pleaded guilty to violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Rong Sun, aka Vicky Sun, 34, of Fayetteville, Georgia, pleaded guilty today before U.S. Magistrate Judge John K. Larkins III. Sentencing has been scheduled for June 29 before Judge Larkins III.
“Registration under FIFRA helps ensure that pesticides sold in the U.S. work and are safe for humans. The trafficking in snake-oil remedies outside of FIFRA is a criminal act and anyone who does so, especially during this pandemic, will find federal law enforcement ready to stop them,” said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division. “The U.S. Department of Justice will not stand by while criminal conduct risks people’s health and safety.”
“We will act quickly and decisively to protect the health of our community,” said U.S. Attorney Byung J. “BJay” Pak of the Northern District of Georgia. “As Georgia and the country battle a global pandemic, we need safe and effective treatments, not ones that threaten the health of our citizens.”
“This case shows that consumers need to be cautious of products that make unsubstantiated claims of controlling viruses,” said U.S. Environmental Protection Agency (EPA) Assistant Administrator for Enforcement and Compliance Assurance Susan Bodine. “EPA and our law enforcement partners continue to work to stop the sale of these illegal products. Consumers can help protect themselves by visiting epa.gov/coronavirus for a list of approved products.”
“Playing on people’s fears during this pandemic by offering false hope and the empty promise of protection is not only dangerous, it’s also reprehensible and illegal,” said acting Special Agent in Charge Robert Hammer, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “HSI and its partners are working diligently to investigate and arrest those criminals that are trying to take advantage of Americans during this pandemic.”
“A large part of the U.S. Postal Inspection Service mission is to ensure public trust in the mail,” said Tommy D. Coke, Inspector in Charge of the U.S. Postal Inspection Service (USPIS) Atlanta Division. “When individuals challenge that mission, Postal Inspectors will aggressively investigate those seeking to deceive during this crisis for their own financial gain.”
According to the charges and other information presented in court, the defendant sold an unregistered pesticide, “Toamit Virus Shut Out,” through eBay, claiming that it would help protect individuals from viruses. Marketed as “Virus Shut Out” and “Stop The Virus,” the pesticide took the form of a card-shaped device to be worn around the user’s neck. The eBay listing depicted the removal of viruses by wearing the “Virus Shut Out” and “Stop The Virus” product. Additionally, the listing stated that “its main ingredient is ClO2, which is a new generation of widely effective and powerful fungicide recognized internationally at present. Bacteria and viruses can be lifted up within 1 meter of the wearer’s body, just like a portable air cleaner with its own protective cover.” It also stated that “[i]n extraordinary times, access to public places and confined spaces will be protected by one more layer and have one more layer of safety protection effect, thus reducing the risks and probability of infection and transmission.”
Under FIFRA, the EPA regulates the production, sale, distribution and use of pesticides in the United States. A pesticide is any substance intended for preventing, destroying, repelling, or mitigating any pest, which includes viruses. Pesticides must be registered with the EPA. Toamit Virus Shut Out was not registered, and it is illegal to distribute or sell unregistered pesticides. Sun imported the pesticide from Japan and later sold it to individuals around the United States.
The EPA has taken steps to block the importation and sale of Toamit Virus Shut Out in the United States: https://www.epa.gov/newsreleases/epa-administrator-wheeler-talks-retailers-and-third-party-marketplace-platforms-discuss and https://www.epa.gov/newsreleases/us-epa-acts-protect-public-unregistered-virus-shut-out-product-imported-honolulu-and.
This case is being investigated by the EPA-Criminal Investigation Division, HSI, and USPIS.
Senior Counsel Krishna Dighe of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Christopher J. Huber, Deputy Chief of Complex Frauds, are prosecuting the case.
If you think you are a victim of a scam or attempted fraud involving COVID-19, contact the National Center for Disaster Fraud Hotline at 866-720-5721 or via email at www.justice.gov/DisasterComplaintForm.
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.
Fort Dodge Man to Federal Prison for Illegal Possession of a FirearmRead the Press Release
A man who illegally possessed a firearm was sentenced May 28, 2020, to more than 4 years in federal prison.
Xavier Rhone, 23, from Fort Dodge, Iowa, received the prison term after a November 25, 2019, guilty plea to possession of a firearm by a felon. Rhone was previously convicted of going armed with intent, in the Iowa District Court for Webster County, on or about August 3, 2015.
Evidence at the plea and sentencing hearings showed that on August 25, 2018, in Fort Dodge, Iowa, law enforcement officers conducted a traffic stop of a vehicle of which Rhone was a passenger. During an inventory of the vehicle, officers located a backpack that contained a handgun. Officers sent the handgun and backpack to the DCI Laboratory to be tested in order to determine the owner of the firearm. The Laboratory Report determined that the DNA on the handgun matched Rhone’s DNA. It was also determined that the firearm had previously been stolen. Evidence in this case further showed, that Rhone used or possessed the firearm in connection with the felony offenses of Carrying Weapons, in violation of Iowa Code § 724.4(1), and Robbery, First Degree, in violation of Iowa Code §§ 711.1 and 711.2.
Rhone was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Rhone was sentenced to 56 months’ and 18 days’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system. Rhone is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was prosecuted by Assistant United States Attorney Mikala Steenholdt and investigated by the Fort Dodge Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Iowa Division of Criminalistics Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-3003. Follow us on Twitter @USAO_NDIA.
Former Velda City Treasurer Sentenced to Federal Prison for Stealing $400,000 in City Funds, and Stealing $150,000 from a CharityRead the Press Release
St. Louis, MO –Venita Sedodo, 32, of St. Charles, Missouri, was sentenced to 40 months in prison for wire fraud related to her former position as Treasurer of Velda City, Missouri, and mail fraud related to her former position as Trust Secretary for the Travelers Protective Association of America, Scholarship Trust for the Hearing Impaired. She appeared in federal court today before U.S. District Judge Stephen R. Clark, Sr. who also ordered Sedodo to pay $552,443.83 in restitution to the victims.
According to court documents and statements made in court, Sedodo served as the Treasurer for Velda City, Missouri. From November, 2015 through October, 2018, Sedodo schemed to steal approximately $400,000 from the city. During that time, Sedodo issued approximately 90 unauthorized Velda City checks to herself, which she deposited into several of her personal bank accounts. Sedodo spent the stolen funds on personal items and services such as clothing, automobile payments, as well as making numerous cash withdrawals. Sedodo also issued unauthorized Velda City checks directly to a number of businesses to pay for personal items and services. Further, Sedodo made numerous unauthorized ACH wire transmissions of funds from Velda City bank accounts to pay for personal items and services at businesses such as BMW, Neiman Marcus, Saks Fifth Avenue, and Commerce Bank to pay off charges on her personal credit cards. Altogether, Sedodo’s fraud scheme netted her approximately $400,000 in funds stolen from Velda City.
Sedodo was also employed as the Trust Secretary for the Travelers Protective Association of America, Scholarship Trust for the Hearing Impaired (“TPA Scholarship Trust”). This is a charitable organization which provides financial aid to individuals with deafness or hearing deficiencies. From June, 2014, through January, 2019, Sedodo submitted false and fraudulent grant applications for her family members and friends to the charity’s Board of Trustees. These grant applications falsely claimed that the individual applicants suffered from deafness or hearing impairment, and Sedodo created and submitted along with the applications false audiograms and audiological evaluations. Sedodo did not advise the Board of Trustees that the individual applicants were her family members and friends. Once the Board of Trustees unwittingly approved the grant applications, Sedodo processed and issued checks to the individual applicants, who then cashed the checks and split the proceeds with Sedodo. None of the grant funds were used for legitimate health care or treatment related to deafness or hearing impairment, but were used by Sedodo and her family and friends for their own personal use and expenses. The charity was unable to fund many legitimate grant applications during the period of Sedodo’s criminal scheme due to the lack of funds as a result of Sedodo’s conduct. Sedodo obtained approximately $156,100 from TPA Scholarship Trust through her fraudulent scheme.
The Federal Bureau of Investigation investigated this case, with the assistance of the Velda City Police Department. The Board of Trustees for the Travelers Protective Association, Scholarship Trust for the Hearing Impaired also provided substantial assistance and cooperation during the investigation. Assistant U.S. Attorney Hal Goldsmith handled the case for the U.S. Attorney’s Office.
Former RI Attorney Sentenced for Stealing Deceased Man's PensionsRead the Press Release
PROVIDENCE, RI – A former Providence attorney who fraudulently collected nearly a quarter of a million dollars in pension funds in the name of a former client for nearly twelve years following the man’s death was sentenced today to12 months and a day in federal prison to be followed by 6 months home confinement.
Oleg Nikolyszyn, 65, previously admitted to the Court that from December 2003 through September 2015, he collected monthly pension payments totaling $234,586 in the name of a former City of Providence employee and a member of the Laborers’ International Union of North America (LIUNA).
According to information presented to the Court, in May 2000, the former City of Providence employee hired Nikolyszyn as his attorney and executed a power of attorney that authorized Nikolyszyn to take certain acts on his behalf. Those actions included receiving pension benefits owed him and signing and depositing checks payable to him.
Nikolyszyn admitted to the Court that he continued to receive monthly pension payments in his client’s name for nearly twelve years following the man’s death in Poland on November 12, 2003. Nikolyszyn admitted to depositing the funds into a bank account in the name of both himself and his former client, and then transferring the money into his and his family’s personal bank account for their own personal use.
Nikolyszyn fraudulently collected $173,597 in payments from the City of Providence Employee’s Retirement System and $60,989 from the LIUNA Pension Fund in the name of his former client.
According to court documents, when the matter was referred to the Rhode Island Office of Disciplinary Counsel, Nikolyszyn represented to Bar Counsel that he had travelled annually to Poland and delivered the money in bulk cash payments to a nephew of his deceased client. Bank records proved that information to be demonstrably false.
Nikolyszyn, who pleaded guilty on January 3, 2020, to two counts of mail fraud and one count of theft from an employee benefit pension fund, was sentenced today by U.S. District Court Judge William E. Smith to 12 months and one day in federal prison to be followed by one year supervised release, the first six months of supervised release to be served in home confinement with electronic monitoring.
Nikolyszyn’s sentence is announced by United States Attorney Aaron L. Weisman; Michael C. Mikulka, Special Agent in Charge of the New York Region for the U.S. Department of Labor, Office of Investigations - Labor Racketeering and Fraud; Carol S. Hamilton, Acting Regional Director for the U.S. Department of Labor, Employee Benefits Security Administration; Superintendent of the Rhode Island State Police Colonel James M. Manni; and Homeland Security Investigations Acting Special Agent in Charge Jason Molina.
The case was prosecuted by Assistant U.S. Attorney Denise M. Barton.
United States Attorney Aaron L. Weisman acknowledges and thanks the Rhode Island Supreme Court Office of Disciplinary Counsel and the Rhode Island Department of the Attorney General for their assistance in the investigation of this matter.
Oleg Nikolyszyn was suspended from the practice of law in Rhode Island by the Rhode Island Supreme Court on December 1, 2016, following an investigation by the Office of Disciplinary Counsel. He was disbarred on an Order issued on January 23, 2020, retroactive to December 1, 2016.
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Former Pittsburgh Man Pleads Guilty to Narcotics ChargesRead the Press Release
PITTSBURGH, Pa. – A former resident of Pittsburgh, Pennsylvania pleaded guilty in federal court to federal narcotics charges, United States Attorney Scott W. Brady announced today.
Erick McCoy, age 25, pleaded guilty before United States District Court Nora Barry Fischer to one count of conspiracy to possess with the intent to distribute and distribute heroin and fentanyl and one count of possession with intent to distribute and distribution of heroin and fentanyl.
In connection with the guilty plea, the court was advised that between August 2016 and June 12, 2017, Erick McCoy, conspired to possess with the intent to distribute and distribute heroin and fentanyl.
In furtherance of that conspiracy, on June 12, 2017, McCoy was a passenger in a car while attempting to deliver fentanyl and heroin to a prospective drug customer when stopped by Pittsburgh Bureau of Police Officers and FBI Agents at a car wash in the City of Pittsburgh. During the car stop, McCoy fled from the vehicle, but was quickly apprehended after being tackled by a City of Pittsburgh Bureau of Police narcotics detective. Officers then recovered a large quantity of a heroin and fentanyl mixture in McCoy’s pockets and down his pants. Officers also recovered a large sum of US currency from McCoy.
The law provides for a maximum total sentence of 30 years in prison, a fine of $3,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. McCoy has been detained since his initial appearance in federal court and will remain detained pending sentencing. Co-defendant Antoine Johnson was sentenced to 12 months in federal prison in December of 2018. Co-defendant and leader of the conspiracy, Kimn Booth, was sentenced to 120 months in prison in October of 2019.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation – Western District of Pennsylvania Opiate Task Force conducted the investigation leading to the guilty plea in this case. This Task Force is comprised of FBI Special Agents and state and local Task Force Officers, including officers from the Pittsburgh Bureau of Police, Allegheny County Sherriff’s Department, Allegheny County Police, Port Authority Police, Munhall Police Department, Stowe-Rox Police Department, and Pennsylvania Attorney General’s Office.
Florida Woman Sentenced for Attempting to Provide Material Support to ISISRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell today sentenced Alison Marie Sheppard, a/k/a “Aiisha Abdullah,” (35, Punta Gorda) to 5 years and 10 months in federal prison for attempting to provide material support to ISIS, a designated foreign terrorist organization. The court also sentenced Sheppard to a term of 15 years supervised release.
Sheppard had pleaded guilty on May 17, 2019.
According to court documents, from approximately January 2017 until July 18, 2017, Sheppard knowingly attempted to provide material support and resources to the Islamic State, also known as ISIS, by purchasing and shipping 10 cellphones that she intended for ISIS to use to detonate improvised explosive devices.
Beginning in early 2016, Sheppard used Facebook and social media applications to network and find like-minded individuals who supported a Salafi jihadist mindset and ISIS, and she posted videos that she had created to her YouTube channel to instruct her online friends. Sheppard also posted the videos on social media sites in support of her beliefs. Many of these videos broadcasted the teachings of Islamist extremists who supported violent jihad. Among her postings supporting ISIS in social media accounts, Sheppard published screenshots of an online ISIS magazine that contained articles glorifying terrorist acts committed by ISIS members.
Sheppard also used social media applications to engage in encrypted communications with individuals she believed were supporters of ISIS. One of those individuals was someone Sheppard believed had later traveled to the Middle East to join ISIS. Sheppard sent that person an ISIS e-book detailing how ISIS members travel in and out of Syria, including operational security measures to assist foreign fighters in evading detection in their pursuit to join ISIS. That individual was later apprehended by the FBI and began cooperating with federal law enforcement. Sheppard also began communicating with two other individuals who she believed were ISIS supporters, but who were, in fact, undercover law enforcement officers. During one of those conversations, Sheppard told the undercover officer that she had sworn allegiance to Abu Omar al-Baghdadi, the now-deceased former leader of ISIS.
In June 2017, while engaging in online social media conversations with the cooperating individual and the two undercover law enforcement officers, Sheppard offered to purchase and ship cellphones that ISIS could use to detonate improvised explosive devices. Later, in July 2017, Sheppard purchased 10 cellphones from five stores in Punta Gorda, Port Charlotte, and Rotonda West, Florida. She arranged to have the phones mailed to one of the undercover officers, believing that they would be forwarded to the Middle East and that ISIS would use them as timers for “pressure cooker” bombs.
This case was investigated by the Federal Bureau of Investigation and the New York Police Department Intelligence Section. It was prosecuted by Assistant United States Attorney Jeffrey F. Michelland, Assistant United States Attorney Jesus M. Casas, and Trial Attorney David C. Smith of the National Security Division’s Counterterrorism Section.