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10 July 2020
Savannah man indicted for setting fire that damaged city's Code Enforcement OfficeRead the Press Release
SAVANNAH, GA: A Savannah man has been indicted for setting a May 3 fire that burned the city’s Code Enforcement Office.
Stephen Charles Setter, 18, of Savannah, was indicted on one count of Arson by a U.S. District Court grand jury, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. The charge carries a minimum possible sentence of five years in prison, up to 20 years, along with substantial financial fines and penalties and up to five years of supervised release after completion of any prison term. There is no parole in the federal system.
“Protection of life and property is paramount in our service to the community,” said U.S. Attorney Christine. “We are grateful that the exceptional efforts of the Savannah Fire Department safely secured the facility and surrounding structures from further harm, with no injuries to firefighters or other citizens.”
According to the indictment, on May 3, 2020, Setter is alleged to have “maliciously damaged and destroyed, by means of fire,” the City of Savannah Code Enforcement Office at 1700 Drayton Street.
“Through a collaborative effort with the ATF, we achieved a swift resolution to this devastating crime,” said Savannah Fire Department Chief Fire Investigator Fred Anderson.
Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty.
The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Savannah Fire Department Arson Unit, and prosecuted for the United States by Assistant U.S. Attorney Tania D. Groover.
Russian Man Found Guilty of Hacking into Three Bay Area Tech CompaniesRead the Press Release
SAN FRANCISCO – Yevgeniy Nikulin was convicted today by a federal jury for hacking into LinkedIn, DropBox, and the social networking company formerly known as Formspring, announced United States Attorney David L. Anderson and FBI Special Agent in Charge John L. Bennett.
The jury found that Nikulin hacked into computers belonging to LinkedIn, DropBox and Formspring, damaged computers belonging to LinkedIn and Formspring by installing malware on them, stole the usernames and passwords for employees at LinkedIn and Formspring, and sold and conspired with others to sell the data he stole as a result of his hacks.
Evidence at trial showed that Nikulin, 32, of Russia, was located in Moscow when he hacked into a computer belonging to a Bay Area-based LinkedIn employee and installed malicious software on it, allowing Nikulin to control the computer remotely. Nikulin then used that remote computer as a base to steal LinkedIn users’ login information. Evidence at trial showed that Nikulin was behind similar intrusions at DropBox and at Formspring. According to trial testimony, one of the ways that investigators were able to tie Nikulin to all three incidents was by tracing an IP address from one of the hacks back to his location in Moscow. Nikulin was arrested while traveling in the Czech Republic on October 5, 2016, and extradited to the United States to face trial.
The guilty verdict followed 6 days of trial testimony before the Honorable William H. Alsup, U.S. District Court Judge. The trial initially began in March, but proceedings were suspended after just two days in light of the COVID-19 pandemic and ensuing closure of the federal courthouse. When trial resumed on July 7, 2020, the defendant, the attorneys, and Judge Alsup wore masks, and witnesses testified from behind a glass panel to allow for social distancing requirements.
“Today’s guilty verdicts are the result of our first federal jury trial in San Francisco since the beginning of shelter in place. I am immensely grateful to Judge Alsup for getting this case to trial. Trial by jury is one of the defining features of the American justice system. We need jury trials to administer justice,” said U.S. Attorney Anderson. “Nikulin’s conviction is a warning to would-be hackers, wherever they may be. Computer hacking is not just a crime, it is a direct threat to the security and privacy of Americans. American law enforcement will respond to that threat regardless of where it originates.”
Nikulin, 32, of Moscow, Russia, was indicted by a federal grand jury on October 20, 2016. He was charged with multiple counts of computer hacking, fraud, and identity theft.
Nikulin has been in custody since his extradition from the Czech Republic.
Nikulin’s sentencing hearing is scheduled for September 29, 2020, before Judge Alsup in San Francisco. The maximum statutory penalty for each count of selling stolen usernames and passwords in violation of 18 U.S.C. § 1029(a)(2) and for each count of installing malware on protected computers in violation of 18 U.S.C. § 1030(a)(5) is 10 years, along with a fine of up to $250,000, plus restitution if appropriate. The maximum statutory penalty for each count of conspiracy in violation of 18 U.S.C. § 371 and computer hacking in violation of 18 U.S.C. § 1030(a)(2)(C) is five years, along with a fine of up to $250,000, plus restitution if appropriate. There is also a mandatory two year sentence for any conviction of aggravated identity theft, in violation of 18 U.S.C. § 1028A(1). However, any sentence will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Michelle Kane and Katherine Wawrzyniak are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Helen Yee, Jessica Rodriguez Gonzalez, and Kim Richardson. The prosecution is the result of a four-year investigation by the Federal Bureau of Investigation, with the assistance of authorities in the Czech Republic and the U.S. Secret Service and the U.S. Department of Justice’s Criminal Division, Office of International Affairs.
Recent Northern Indiana Federal Prosecutions Serve as Reminder to File and Pay Your Taxes Accurately by July 15 and Remain Vigilant of ScamsRead the Press Release
With the July 15 federal income tax deadline rapidly approaching, the U.S. Attorney’s Office and IRS Criminal Investigation are reminding people that the tax filing and payment deadline is July 15, and to continue to be on the lookout for scam artists. Please know that the IRS will not contact you by phone, email, or social media to ask for your personal information.
Due to COVID-19, the original filing deadline and tax payment due date for 2019 personal income tax returns was postponed from April 15 to July 15. Taxpayers filing Form 1040 series returns must file Form 4868 by July 15 to obtain the automatic extension to Oct. 15.
In the last few months, the IRS Criminal Investigation division (CI) has continued to see a tremendous increase in a variety of Economic Impact Payment scams and other financial schemes. CI continues to work with its law enforcement partners to put a stop to these schemes and bring criminals to justice. Taxpayers can report COVID-19 scams to the National Center for Disaster Fraud. Taxpayers can also report fraud or theft of their Economic Impact Payments to the Treasury Inspector General for Tax Administration (TIGTA). Unsolicited (phishing) e-mails that appear to be from the IRS should be forwarded to [email protected].
For the most up-to-date information about the tax filing deadline and IRS impersonation scams, taxpayers can visit IRS.gov. For people facing hardships, including those affected by COVID-19, who cannot pay in full, the IRS has several options available on IRS.gov/payments.
The IRS encourages taxpayers to visit IRS.gov as soon as possible to explore these options and avoid accruing interest and penalties after the July 15 deadline.
“We work alongside the Internal Revenue Service to investigate and prosecute tax fraud,” said U.S. Attorney Thomas L. Kirsch II. “The integrity of the tax system is maintained through compliance by all of us. Those who wish to cheat the system will be aggressively investigated and prosecuted.”
“As the tax filing deadline quickly approaches, I am asking all citizens to file correct and accurate tax returns and to pay their share of taxes," states Kathy A. Enstrom, Special Agent-in-Charge of the IRS Criminal Investigation Division who oversees the state of Indiana. “We all pay when others cheat the government. IRS Criminal Investigation together with the U.S. Attorney’s Office works year-round to make certain that those who willfully defy the tax laws will be investigated and criminally prosecuted. Taxpayers are encouraged to visit the IRS.gov website for tips on filing a tax return accurately and searching for a reputable return preparer.”
As the tax filing season winds down next week, the U.S. Attorney’s Office and IRS Criminal Investigation are warning those who might consider preparing false tax returns to be aware of the serious consequences such as possible prison time and having to pay back all the taxes owed, plus steep penalties and interest. During the last nine months, the following court actions occurred in Indiana which serve as a reminder to taxpayers, to think before filing a false or fraudulent tax return and to be wary of any schemes that falsify your income or deductions.
In October 2019, mother and son, Tracie Lynn Ellis and Terrell Sir William Franklin were sentenced on charges of filing false claims and ordered to pay restitution to the IRS. Franklin filed a false trust tax return in the name of his mother, Tracie Lynn Ellis, falsely claiming a refund of $239,095.93.
In October 2019, Rosetta Buchanan was sentenced to fifteen months in prison for filing a false federal income tax return. Buchanan falsified her tax return by claiming she worked for a trucking company seeking a substantial tax refund when in fact she was in prison at the time.
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Randolph Man Sentenced for Dealing FentanylRead the Press Release
BOSTON – A Randolph man was sentenced yesterday in federal court in Boston for distributing fentanyl.
Anthony Pena-Diaz, 25, was sentenced by U.S. District Court Chief Judge F. Dennis Saylor IV to five years in prison and four years of supervised release. In February 2020, Pena-Diaz pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl and three counts of distribution of and possession with intent to distribute fentanyl.
Between May 2, 2018, and Nov. 11, 2018, an undercover federal agent purchased fentanyl from Pena-Diaz and others on multiple occasions in Randolph, Canton and Foxboro. The investigation revealed that Pena-Diaz was a member of the No Fear Ones street gang in Randolph.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Randolph Police Chief William Pace; Stoughton Police Chief Donna M. McNamara; and Foxboro Police Chief Michael A. Grace made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit prosecuted the case.
Puerto Rico U.S. Attorney’s Office and IRS-Criminal Investigation Remind Taxpayers of Upcoming Tax Filing Deadline; Urge Taxpayers to Remain Vigilant of ScamsRead the Press Release
SAN JUAN, PUERTO RICO – U.S. Attorney W. Stephen Muldrow and Michael J. De Palma, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Miami Field Office, made the announcement today in an effort to remind taxpayers of the July 15 filing and payment deadline and warned against an increase in tax and COVID-19 scams.
Due to COVID-19, the original filing deadline and tax payment due date for 2019 was postponed from April 15 to July 15. Taxpayers filing Form 1040 series returns must file Form 4868 by July 15 to obtain the automatic extension to Oct. 15.
Although the extension provides additional time to file the tax return – it is not an extension to pay any taxes due. For people facing hardships who cannot pay in full, including those affected by COVID-19, the IRS has several options available to help. The IRS encourages taxpayers to visit IRS.gov as soon as possible to explore these options and avoid accruing interest and penalties after the July 15 deadline.
As the filing deadline approaches, taxpayers should beware of tax and COVID-19 related scams. “We continue to work with our law enforcement partners to investigate and bring to justice those who exploit the ongoing public health crisis in order to enrich themselves. I urge citizens to remain vigilant and to be skeptical of any telephone calls, e-mails, or websites that request personal information or banking information, while promising money or services that seem too good to be true,” said U.S. Attorney W. Stephen Muldrow.
“Taxpayers should remain vigilant in the handling of their personal and financial information as criminals use this as an opportunity to take advantage of vulnerabilities,” said Michael J. De Palma, Special Agent in Charge of the IRS Criminal Investigation division in Florida. “IRS-CI will continue to pursue these crimes and the perpetrators will be brought to justice.”
In the last few months, the IRS Criminal Investigation division (CI) has continued to see a tremendous increase in a variety of Economic Impact Payment scams and other financial schemes. CI continues to work with its law enforcement partners to put a stop to these schemes and bring criminals to justice.
Taxpayers can report COVID-19 scams to the National Center for Disaster Fraud. Taxpayers can also report fraud or theft of their Economic Impact Payments to the Treasury Inspector General for Tax Administration (TIGTA). Unsolicited (phishing) e-mails that appear to be from the IRS should be forwarded to [email protected].
For the most up-to-date information about the tax filing deadline and IRS impersonation scams, taxpayers can visit IRS.gov.
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Postal Employee Charged with Stealing MailRead the Press Release
A federal grand jury for the Southern District of Illinois has returned on indictment charging
Brittany Freeman, 27, of Johnston City, Illinois (Williamson County), with four counts of theft of mail by a postal service employee.Freeman worked as a mail carrier for the Goreville post office. The indictment charges that she stole over $500 worth of rebate checks sent by Menards to customers along her mail routes in
February and March, 2020.The arraignment for Freeman will be held on July 27, 2020 at 1:30 p.m. at the federal courthouse in
Benton, Illinois. Each of the four felony counts is punishable by up to five years in prison and a
$250,000 fine.An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proven guilty beyond a reasonable doubt to the satisfaction of a jury.
The charges resulted from a referral and investigation by the United States Postal Service, Office of the Inspector General. The case is being prosecuted by Assistant United States Attorney
Peter T. Reed.Plains Township Man Sentenced to 10 Years’ Imprisonment for Firebombing Luzerne County Children and YouthRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Philip Finn, Jr., age 50, of Plains, Pennsylvania, was sentenced on July 9, 2020 to 10 years’ imprisonment followed by three years supervised release by United States District Court Judge Malachy E. Mannion, for use of fire to commit stalking.
According to United States Attorney David J. Freed, on March 6, 2017, Finn threw three Molotov cocktails to set fire to the Luzerne County Children and Youth Building to harass and intimidate two Children and Youth Employees. Finn also used Facebook, Google and his cell phone in harassing the employees.
Judge Mannion also ordered Finn to pay $398,756 in restitution for the fire and water damage to the building.
The case was investigated by the Federal Bureau of Investigation (FBI), the Wilkes-Barre City Police Department and the Luzerne County District Attorney’s Office. Assistant U.S. Attorney Jenny P. Roberts prosecuted the case.
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Physician Assistant to Pay $25,000 to Resolve Allegations of Receiving Kickbacks from Pharmaceutical CompanyRead the Press Release
PHILADELPHIA – First Assistant United States Attorney Jennifer Arbittier Williams announced that physician assistant Sarah Malstrom will pay $25,000 to resolve allegations that she received kickbacks from the company formerly named Aqua Pharmaceuticals, in order to incentivize Malstrom to prescribe Aqua’s dermatology drugs.
The settlement resolves allegations that Malstrom knowingly solicited and received kickbacks from Aqua Pharmaceuticals. Malstrom allegedly received different forms of kickbacks from Aqua, through its sales representatives and executives, such as improper in-office and out-of-office meals and food items, gift cards, and gifts, and also entered into speaking engagements, advisory boards, and consulting services in exchange for compensation intended in part to induce Malstrom to prescribe Aqua drugs. This settlement follows the resolution with the pharmaceutical company, which called for a $3.5 million payment to resolve the kickback allegations.
“Our Office is committed to ensuring the integrity of the healthcare system by investigating and challenging improper arrangements between pharmaceutical companies and healthcare providers, especially when they distort prescribing decisions made by healthcare providers,” said First Assistant U.S. Attorney Williams. “That commitment to accountability extends not just to the pharmaceutical companies, but also to the individual providers. This resolution marks another important step in that commitment and our Office’s ongoing investigation.”
“We consider kickbacks offered to healthcare providers to be an area of serious concern,” said Maureen R. Dixon, Special Agent in Charge of the Office of Inspector General, U.S. Department of Health and Human Services in Philadelphia. “We will continue to work with the U.S. Attorney’s Office to hold companies and providers accountable for illegal kickback conduct and to root out fraud, waste and abuse in our federal health care programs.”
"I commend the Department of Justice and the U.S. Attorney’s Office for continuing to be vigilant in holding health care providers accountable to ensure taxpayer dollars are appropriately utilized,” said Lt. Gen. Ron Place, director of the Defense Health Agency. “The efforts of the Department of Justice strengthen the protection of health care benefits our service members, veterans and their families receive. The Defense Health Agency continues its commitment to work closely with the Justice Department, and other state and federal agencies to investigate all those who participate in fraudulent practices.”
This investigation was conducted with the Office of the Inspector General of the Department of Health and Human Services and the Defense Health Agency. For the United States Attorney’s Office, Assistant United States Attorney Anthony D. Scicchitano and Auditor Dawn Wiggins handled the investigation and settlement.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Pennsylvania man sentenced to more than six years for drug and money laundering chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA – Mark Edward Beatty, of Gans, Pennsylvania, was sentenced today to 78 months of incarceration for illegally distributing drugs and money laundering, U.S. Attorney Bill Powell announced.
Beatty, age 42, pled guilty to one count of “Conspiracy to Distribute Controlled Substances” and one count of “Money Laundering” in October 2019. Beatty admitted to distributing controlled substances in Monongalia County and elsewhere from 2014 to 2018. He also admitted to taking proceeds from drug sales and depositing that money into an account held by DB. Construction, knowing the money was illegally obtained and knowing the transaction was meant to conceal the source of the proceeds.
A money judgement was also made in the amount of $1,845,000.
Assistant U.S. Attorney Sarah E. Wagner prosecuted the case on behalf of the government. The Internal Revenue Service Criminal Investigative Division, the Drug Enforcement Administration Tactical Diversion Squad, the Morgantown Police Department, the Harrison County Sheriff’s Office and West Virginia State Police BCI investigated.
These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
U.S. District Judge Thomas S. Kleeh presided.
Operation Shutdown Corner: Nine Defendants Appear in Federal Court on Drug ChargesRead the Press Release
BECKLEY, W.Va. – Eight defendants were sentenced to federal prison and one defendant pled guilty this week for participating in a drug trafficking organization (DTO) operating between California and Raleigh County, announced United States Attorney Mike Stuart.
“As a result of Operation Shutdown Corner, 17 federal defendants now stand convicted and West Virginia families and communities are safer today,” said United States Attorney Mike Stuart. “I commend our law enforcement partners at the federal, state and local levels for their tremendous work.”
Jason Pafford, 38, of Beckley, was sentenced to 151 months in prison, to be followed by five years of supervised release, for conspiring to distribute 500 grams or more of methamphetamine and more than 100 grams of heroin. During a previous plea hearing, it was established that he participated in the DTO between June 2018 and September 17, 2019. Also at the previous hearing, it was established that during the course of the operations of the drug trafficking network, Pafford was supplied by other members of the DTO with approximately five pounds of methamphetamine that he redistributed in the Southern District of West Virginia. During this same time period, Pafford also was supplied with more than 100 grams of heroin that was redistributed in Raleigh County. During the course of the conspiracy, law enforcement officers, with the assistance of a confidential informant, were able to conduct at least two controlled drug buys from Pafford.
Nick Attilli, 38, of Beaver, was sentenced to 97 months in prison, to be followed by four years of supervised release, for conspiring to distribute 50 grams or more of a substance containing methamphetamine and a quantity of heroin. Attilli previously admitted that between June 2018 and September 17, 2019, he worked with other members of the DTO to distribute methamphetamine and heroin, and that during this time period he was supplied with methamphetamine and heroin from other members of the DTO. Attilli also admitted that he had telephone conversations that were intercepted by law enforcement and that it was clear the conversations involved drug activity. He further admitted that at times he was fronted with drugs, meaning the drugs were provided without making full payment for them, and then he would sell the drugs and with the proceeds pay back his suppliers.
Jonathon Zakresky, 35, of Beckley, was sentenced to 87 months in prison, to be followed by three years of supervised release, for conspiring to distribute 500 grams or more of a substance containing methamphetamine and more than 100 grams of heroin. Zakresky previously admitted that between June 2018 and September 17, 2019, he worked with other members of the DTO to distribute methamphetamine and heroin. During this time period, Zakresky admitted to obtaining approximately 11 pounds of methamphetamine and more than 100 grams of heroin for the purpose of redistributing the drugs in and around Raleigh County. He also admitted to supplying other members of the DTO with the drugs and to storing the drugs at or near his residence. Zakresky also admitted to assisting other members of the DTO in collecting money owed for the drugs that were being distributed, and to identifying delivery locations in West Virginia for the drugs from California. As part of his plea agreement, Zakresky agreed to abandon 14 firearms that were located at his residence at the time of his arrest on September 18, 2019. He knew that he was prohibited from possessing the firearms because he was a convicted felon.
Shaneka Black, 41, a California woman living in Princeton, was sentenced to 70 months in prison, to be followed by three years of supervised release, for conspiring to distribute a quantity of methamphetamine. Black previously admitted that between June 2018 and September 17, 2019, she participated in the drug trafficking network by assisting other members in collecting money owed for the drugs that were being distributed. Black also admitted to assisting another member of the DTO, who she knew was a convicted felon, in obtaining a firearm. Finally, Black admitted that in or around September 2019, she arranged for a package to be delivered to West Virginia from California that contained approximately two pounds of methamphetamine. She indicated that she knew the drugs were intended to be redistributed in the Southern District of West Virginia.
Timmy Lawson, 40, of Beckley, was sentenced to 30 months in prison, to be followed by three years of supervised release. He previously pled guilty to conspiracy to distribute 50 grams or more of a substance containing methamphetamine and a quantity of heroin. Lawson previously admitted that between June 2018 and September 17, 2019, he participated in the DTO by working with other organization members to distribute methamphetamine and heroin within the Southern District of West Virginia. During this time period, Lawson admitted to obtaining more than 50 grams of methamphetamine and a quantity of heroin from various suppliers within the drug trafficking network that he intended to redistribute and did redistribute.
Patricia Greer, 46, of Beckley, was sentenced to 27 months in prison, to be followed by three years of supervised release, for conspiring to distribute a quantity of methamphetamine and a quantity of heroin. Greer obtained methamphetamine and heroin from another member of the DTO and intended to redistribute it in and around Beckley. Between April 2019 and the time of her arrest on September 18, 2019, Greer distributed approximately two to three ounces of methamphetamine, and a small amount of heroin, a month.
Marika Davis, 38, of Bluefield, was sentenced to 21 months in prison, to be followed by three years of supervised release, for conspiring to distribute a quantity of methamphetamine. Davis previously admitted that between February 2019 and August 9, 2019, she participated in the DTO by allowing drugs to be shipped to her home address at the request of other members of the DTO. Davis admitted that she was paid to have packages delivered to her house. She also admitted that on August 9, 2019, she was transporting a package that had been delivered to her house in Bluefield and was delivering it to another member of the DTO in Beckley. She further admitted that after picking up the other member of the DTO, a police officer pulled her over for a traffic violation. During the traffic stop, officers found the package she was delivering and discovered that it contained approximately two pounds of methamphetamine. Through additional investigation, law enforcement officers were able to determine the package had been sent from California.
Timmy Lawson II, 19, of Beckley, was sentenced to 20 months in prison, followed by three years of supervised release. He previously pled guilty to conspiracy to distribute 50 grams or more of a substance containing methamphetamine and a quantity of heroin. He admitted that between June 2018 and September 17, 2019, he participated in the DTO by distributing more than 50 grams of methamphetamine and a quantity of heroin. At his plea hearing, Lawson II admitted that each week during a two-month period he obtained between one-quarter ounce to one-half ounce of methamphetamine and a quantity of heroin from other members of the DTO. He admitted that he then redistributed those drugs within the Southern District of West Virginia. He also admitted that at times the drugs were fronted to him, and that he would pay his supplier after the drugs were sold.
Victoria Hamilton, 35, of Beckley, entered a guilty plea for conspiracy to distribute more than 50 grams of methamphetamine and a quantity of heroin. Hamilton admitted that between June 2018 and September 17, 2019, she worked with other members of the DTO to distribute methamphetamine and heroin. During this time period, Hamilton admitted to receiving quantities of methamphetamine and heroin from other members of the DTO. She further admitted that the other members knew it was her plan and purpose to redistribute these drugs in the Southern District of West Virginia. More specifically, she admitted that during this time period, law enforcement agents intercepted telephone conversations and text messages involving drug activity between her and other members of the DTO. These conversations revealed that the defendant was obtaining drugs in quantities from a few grams to approximately one-half ounce at a time. These conversations also revealed it was her plan to redistribute these controlled substances to others in Raleigh County. Hamilton faces a mandatory minimum sentence of five years and up to 40 years in federal prison, and a fine of up to $5 million when she is sentenced on October 23, 2020.
The investigations were handled by the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Postal Inspection Service (USPIS), the Beckley/Raleigh County Drug and Violent Crimes Task Force, the Raleigh County Sheriff’s Office, the Beckley Police Department and the West Virginia State Police. Assistant United States Attorneys Timothy D. Boggess and Andrew Tessman handled the prosecutions. United States District Judge Frank W. Volk imposed the sentences and presided over the plea hearing.
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Ocean Springs Woman Pleads Guilty to Knowingly Filing False Tax ReturnRead the Press Release
Gulfport, Miss – Lisa Gordon-Scruggs, 52, of Ocean Springs, Mississippi, pled guilty today before U.S. District Judge Sul Ozerden to filing a false tax return, announced U.S. Attorney Mike Hurst and James E. Dorsey, Special Agent in Charge of Internal Revenue Service Criminal Investigation.
Gordon-Scruggs was the Chief Operating Officer and office manager of Highside Chemicals, Inc. (“Highside”) in Gulfport, Mississippi during the investigative period: 2013 through 2018. Based on her position and access to the bank account of Highside, Gordon-Scruggs embezzled over $2 million dollars which she funneled into accounts owned by herself or to pay off credit cards in her name and a family member.
Gordon-Scruggs pled guilty to one count of knowingly filing a false income tax report for tax year 2014 in that she reported taxable income of $34,907 but did not include the $446,423 that she had embezzled from Highside that year.
Gordon-Scruggs will be sentenced on October 16, 2020 by Judge Ozerden, and faces maximum penalties of 3 years in prison and a $250,000 fine.
The case was investigated by Internal Revenue Service’s Criminal Investigation Division and prosecuted by Assistant U.S. Attorney John Meynardie.
Oakdale Man Sentenced for Unlawfully Possessing FirearmsRead the Press Release
United States Attorney Joe Kelly announced that Max Kerkman, 30, of Oakdale, Nebraska, was sentenced on July 10, 2020, in Lincoln, Nebraska, by Chief United States District Judge John M. Gerrard for being an unlawful user in possession of a firearm. Kerkman was sentenced to 24 months in prison and will also serve 3 years on supervised release. There is no parole in the federal system.
On June 20, 2018, agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) executed a search warrant at Kerkman’s residence and found several firearms and a silencer, along with small quantities of methamphetamine and paraphernalia consistent with the use of methamphetamine.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/projectguardian.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
New York Woman Sentenced for Selling Abortion-Inducing Pills Illegally Smuggled into USRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Ursula Wing, 42, New York City, New York, was sentenced today by Chief U.S. District Judge James D. Peterson to a two-year term of probation, and fined $10,000, for supplying abortion-inducing pills without a prescription to customers in the United States, including Wisconsin, and throughout the world, and concealing her conduct from U.S. government regulatory and enforcement authorities.
On March 20, 2020, Wing pleaded guilty to Count 1 of an indictment that charged her with conspiracy to defraud various U.S. governmental agencies, including the FDA, U.S. Postal Service, and U.S. Customs. The indictment alleged that Wing operated a blog called “the Macrobiotic Stoner,” with a secret web page called “My Secret Bodega,” where she sold foreign-sourced versions of Mifepristone and Misoprostol from India, that were not approved by the FDA for use in the United States.
According to the indictment, these drugs are used to medically terminate an early pregnancy (up to 70 days or less). Mifepristone is a prescription drug, but is not available to the public through pharmacies; its distribution is restricted to specially qualified, licensed physicians, and the administration of Mifepristone is subject to an FDA Risk and Evaluation Mitigation Strategy (REMS). Among the REMS requirements are that Mifepristone may only be dispensed in clinics, medical offices, and hospitals by, or under the supervision of, a certified healthcare provider.
At her plea hearing, Wing admitted that she could not sell these prescription drugs because she was not licensed to do so. She also admitted that she illegally smuggled these misbranded drugs into the United States from an offshore pharmacy located in India. Wing admitted that she operated a fake jewelry business called Fatima’s Bead Basket to hide her illegal conduct from U.S. authorities. Wing admitted that she inserted a necklace or other item of jewelry into the shipping envelope to serve as the cover piece of merchandise being mailed to the customer. She then packaged the misbranded prescription drugs into a smaller packet that was in a hidden panel and taped to the inside of the shipping envelope. Wing also disguised the nature of the item being purchased by listing jewelry product names on the invoice.
Wing also admitted that she created a second fake online jewelry business called Morocco International and a fake merchant processing portal for use as a cover for selling the misbranded prescription drugs on her secret webpage. By creating this fake merchant processing portal, Wing allowed her Macrobiotic Stoner clients to pay for the misbranded drugs using their credit cards, with the sales showing up on the merchant account as jewelry, and not Mifepristone or Misoprostol.
At today’s sentencing, Judge Peterson noted that while Wing had the right to disagree with the legal requirements surrounding the distribution of Mifepristone and Misoprostol in the United States, she nonetheless committed a crime in selling these drugs, which she knowingly obtained from an offshore pharmacy in India, and which had not been approved by the FDA for use in the United States. Judge Peterson explained that such conduct created a danger to the public in two ways. First, it allowed people to obtain the drugs such as a Marathon County man who allegedly used them in an attempt to induce his girlfriend to abort her 120-day pregnancy without her knowledge or consent, which resulted in the man being charged in Marathon County Circuit Court with attempted first-degree intentional homicide of an unborn child. Second, Wing could not vouch for the safety of the product she was distributing, as evidenced by the fact that she had no testing protocols in place, and had to trust the pills she was smuggling into the United States from India were safe and effective.
Judge Peterson also ordered Wing to forfeit $61,753, which represented the cost of the Mifepristone and Misoprostol pills that Wing sold from 2016 to 2018.
“Prescription drugs that are obtained illegally from online sources and then sold online to consumers can cause serious harm,” said Special Agent in Charge Lynda M. Burdelik, FDA Office of Criminal Investigations Chicago Field Office. “We will continue to investigate and bring justice to those who place the public’s health at risk.”
The case against Wing is the result of an investigation conducted by the U.S. Food and Drug Administration - Office of Criminal Investigations, U.S. Postal Inspection Service, and the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. The prosecution of this case is being handled by Assistant U.S. Attorney Daniel Graber.
New Haven Man Admits Illegal Possession of Two GunsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that CARLOS BARNES, also known as “Buddha,” 29, of New Haven, pleaded guilty yesterday before U.S. District Judge Jeffrey A. Meyer in New Haven to possession of firearms by a previously convicted felon.
According to court documents and statements made in court, on October 12, 2019, Hamden Police arrested Barnes after they found him in possession of a Taurus Millennium G2 9mm handgun and a Springfield XD-40 .40 caliber handgun with an obliterated serial number. Prior to that date, Barnes was convicted in state court of carrying a pistol without a permit, sale of illegal drugs, and robbery in the first degree.
It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
Judge Meyer scheduled sentencing for October 5, 2020, at which time Barnes faces a maximum term of imprisonment of 10 years.
Barnes has been detained since his arrest.
This matter is being investigated by the Federal Bureau of Investigation and the Hamden Police Department. The case is being prosecuted by Assistant U.S. Attorney Margaret M. Donovan.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
NDTX Round-Up June 29 - July 6Read the Press Release
GUILITY PLEA – FLOYD ALLEN HAWKINS
On June, 30, Floyd Allen Hawkins, 30, pled guilty to production of child pornography. In March, 2019, Yahoo submitted cybertips to the National Center for Missing and Exploited Children concerning several images of child pornography uploaded by Hawkins. Dallas Police Department executed a search warrant on Hawkins’ home where he was questioned about the images. Hawkins admitted to producing multiple images of child pornography of a two-year-old girl. Hawkins faces up to 30 years in federal prison for his crimes. This case was investigated by Homeland Security Investigations and Dallas Police Department. Assistant U.S. Attorney Camille Sparks is prosecuting this case.
GUILTY PLEA – ERIC JACKSON
On June 30, Eric Jackson, 34, pled guilty to transportation of stolen goods or monies in interstate commerce. Jackson and his co-conspirators travelled around the United States to commit burglaries of cash safes. The group target grocery stores, check-cashing locations, and businesses with a significant amount of cash on hand. The safe crew received alarm codes from an insider at a national alarm company to aid in avoiding detection. Jackson and his co-conspirators caused losses between $250,000 and $1,500,000. Jackson faces up to 10 years in federal custody for his crimes. This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Ryan Raybould is prosecuting this case.
SENTENCING – RICKY CARDENAS
On June 30, Ricky Cardenas, 41, was sentenced to 165 months in federal prison for possession with the intent to distribute methamphetamine. Investigators with Parker County Sheriff’s Office received information that Cardenas was distributing methamphetamine at a local hotel in Weatherford, Texas. The same day, Cardenas left the hotel for a nearby gas station where he engaged in drug transaction with several individuals. After leaving the gas station, Cardenas was stopped by law enforcement and found with methamphetamine in his car. This case was investigated by the Drug Enforcement Administration and Parker County Sheriff’s Office. Assistant U.S. Attorney Nancy Larson is prosecuting this case.
GUILTY PLEA – KENNETH JERNARD NARGO
On June 30, Kenneth Jernard Nargo, 22, pled guilty two counts of interference with commerce by robbery and two counts of using, brandishing, and discharging a firearm in furtherance of crime of violence. Nargo and his c0-consrpators robbed multiple pawn shops in north Texas. Once inside the pawn shops, the group discharged a firearm to scare customers and employees so they would not interfere with the robberies. During two robberies in Duncanville, Texas and Dallas, Texas, Nargo admitted to jumping over the counter and stealing a cash register drawer and jewelry. This case was investigated by the Federal Bureau of Investigation, Dallas Police Department, DeSoto Police Department, and Duncanville Police Department. Assistant U.S. Attorney Walt Junker is prosecuting this case.
SETENCING – SHARROCCA BLOCKER
On July 6, Sharrocca Blocker, 41, was sentenced to 2 years in federal prison for aiding and assisting the preparation and presentation of a false and fraudulent return. Blocker prepared a tax return on behalf of another taxpayer in which she fraudulently claimed a net profit from running a call center business the taxpayer did not owned or operate. The false tax return made Blocker’s client eligible for the earned income tax credit. This case was investigated by the Internal Revenue Service – Criminal Investigations. Assistant U.S. Attorney Doug Allen is prosecuting this case.
Multi-State Drug Trafficker Pleads Guilty to Distributing Methamphetamine and Heroin and Illegal Reentry After DeportationRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Arturo David Aguilera-Viveros, age 36, of Adams County, Colorado, pleaded guilty yesterday to Conspiracy to Distribute and Possess with Intent to Distribute 500 Grams or More of Methamphetamine and 100 Grams or More of Heroin, as well as Illegal Reentry After Deportation. The Denver Office of the FBI joined in this announcement.
Aguilera-Viveros was originally charged in U.S. District Court for the District of Colorado for his role in a conspiracy to distribute methamphetamine and heroin. He was subsequently charged in the U.S. District Court for the District of Wyoming for his role in a separate conspiracy which sent large quantities of methamphetamine from Colorado into Wyoming. As part of his plea agreement in the Colorado case, Aguilera-Viveros agreed to transfer his Wyoming case to Colorado to enter a plea of guilty and be sentenced.
According to the stipulated facts contained in his plea agreements, Aguilera-Viveros admitted he was a manager or supervisor of criminal activity which involved five or more participants. Law enforcement determined that his drug trafficking activities in the Colorado case involved approximately three kilograms of near-pure methamphetamine and 200 grams of black tar heroin. He also admitted that his drug trafficking activities in the Wyoming case involved approximately 20 pounds of methamphetamine.
Aguilera-Viveros is a citizen and national of Mexico. On February 20, 2014, he was convicted in the District Court of Arapahoe County, Colorado, of the offense of Possession of a Controlled Substance with the Intent to Distribute for which he was sentenced to 6 years in the Colorado Department of Corrections. Aguilera-Viveros was removed from the United States to Mexico on September 7, 2017. On April 4, 2019, at the conclusion of the investigation which uncovered his most recent drug trafficking activities, law enforcement officers arrested Aguilera-Viveros during a search of his residence in Aurora, Colorado. The defendant did not apply for admission or otherwise seek approval to reenter the United States before doing so.
This case was investigated by the FBI-led Organized Crime and Drug Enforcement Task Force (OCDETF), including the Internal Revenue Service (IRS), Homeland Security Investigations (HSI), Immigration and Customs Enforcement-Enforcement Removal Operations (ICE-ERO), and Douglas County Sheriff’s Office. Aguilera-Viveros was prosecuted by Assistant United States Attorney Peter McNeilly. The office of Wyoming U.S. Attorney Mark A. Klaassen participated in the investigation into Aguilera-Viveros and agreed to transfer the case to Colorado for resolution.
The guilty plea was presented to U.S. District Court Judge Raymond P. Moore. Aguilera-Viveros is scheduled to be sentenced by Judge Moore on September 24, 2020.
This case was prosecuted as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Numbers 19-cr-275 and 20-cr-105.
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.
Moss Point Mayor and Wife Indicted on Federal Fraud ChargesRead the Press Release
Gulfport, Miss. – Moss Point Mayor Mario King, 33, and his wife, Natasha R. King, 32, of Moss Point, Mississippi, appeared today before U.S. Magistrate Judge Robert H. Walker on fraud charges relating to the Mayor’s Gala held in 2019, announced U.S. Attorney Mike Hurst, Mississippi State Auditor Shad White, and Special Agent in Charge Michelle A. Sutphin of the Federal Bureau of Investigation in Mississippi.
The indictment alleges that defendants Mario King and Natasha R. King began soliciting funds in late 2018 for a Gala to be held on March 23, 2019, in Moss Point. The written solicitation stated that the “gala honors and supports organizations that are making a difference for the mental health community. Proceeds support the efforts of mental health in the City of Moss Point with a focus on the Moss Point School District, converting spaces into a therapeutic and innovative learning environment.”
According to the indictment, on March 4, 2019, defendants Mario King and Natasha R. King appeared together on WLOX television and described the event, stating that funds from the Gala were to be used to create safe spaces for mental health counseling in the Moss Point School District.
Pursuant to allegations in the indictment, it was the understanding of those contributing to the Gala, either in the form of tickets purchased or contributions, that the proceeds from the Gala would go to the Moss Point School District. Some of the funds were used to pay for the cost of the Gala, but the remaining proceeds did not go to the Moss Point School District. Instead, it is alleged that defendants Mario King and Natasha R. King used the proceeds for personal purchases, including the down payment on the purchase of a vehicle, cash withdrawals and the payment of credit card debts involving charges to complete the purchase of a personal pet.
The defendants appeared before U.S. Magistrate Judge Walker at 10:00 a.m. this morning for their initial appearance and arraignment. The case has been assigned to U.S. District Judge Sul Ozerden. If convicted, the defendants face up to five years on the conspiracy charge and up to twenty years on each of the thirteen wire fraud charges. Each of the fourteen counts carries a maximum fine of $250,000.
The case was investigated by the Mississippi State Auditor’s Office and the Federal Bureau of Investigation. It is being prosecuted by Assistant U.S. Attorney John Meynardie.
The public is reminded that an indictment is merely a charge and should not be considered as evidence of guilt. Every defendant is presumed innocent until proven guilty in a court of law.
Merrillville Man Sentenced to 108 Months in PrisonRead the Press Release
HAMMOND- Tyrone Perry, 39, of Merrillville, Indiana, was sentenced before District Court Judge Philip P. Simon following his plea of guilty to distribution of heroin and cocaine base, announced U.S. Attorney Thomas L. Kirsch II.
Perry received a sentence of 108 months in prison followed by 3 years of supervised release.
According to documents filed in this case, on April 24, 2019, Perry distributed heroin and cocaine base to a confidential informant. Perry, who had prior felony convictions for Armed Robbery, Robbery, and Reckless Homicide, also forfeited three firearms that were located during the search of his Merrillville residence on June 13, 2019.
This case was investigated by the Federal Bureau of Investigation and Merrillville Police Department and was prosecuted by Assistant United States Attorney Thomas M. McGrath.
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Meriden Man Indicted on Narcotics and Firearms OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal grand jury in New Haven has returned an indictment charging JONATHAN RIVERS, 38, of Meriden, with narcotics distribution and firearm possession offenses.
As alleged in court documents and statements made in court, on February 26, 2020, Meriden Police arrested Rivers after a search of a disabled vehicle on his property revealed more than 500 grams of cocaine, more than 28 grams of crack cocaine, more than 40 grams of fentanyl, a Highpoint Model HCP .40 caliber handgun, a Smith and Wesson Model 629-1 44 Magnum Revolver, a Romanian Model TTC 9mm handgun, and 18 rounds of .40 caliber ammunition. A quantity of crack cocaine was also found in a vehicle Rivers had driven earlier that day.
It is further alleged that Rivers’ criminal history includes state convictions for robbery, kidnapping and drug offenses. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
The indictment, which was returned on July 8 and unsealed today following Rivers’ federal arrest, charges Rivers with two counts of possession with intent to distribute controlled substances, one count of possession of firearms by a convicted felon, and one count of possession of ammunition by a convicted felon. The most serious drug possession charge carries a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years, and the firearm offenses carry a maximum term of imprisonment of 10 years on each count.
Rivers appeared today before U.S. Magistrate Judge Sarah A. L. Merriam in New Haven and was released on a $250,000 bond with a condition that he be confined to his home.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Meriden Police Department. The case is being prosecuted by Assistant U.S. Attorneys Margaret Donovan, Pilar Gonzalez and Konstantin Lantsman.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Member of Navajo Nation charged with murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Blaine Morgan, 35, of Crownpoint, New Mexico, and an enrolled member of the Navajo Nation, appeared in federal court on July 9 for an arraignment on an indictment charging him with second-degree murder in Indian Country.
According to the indictment and other court records, Morgan attended a small gathering on Mar. 29 in a trailer within the boundaries of the Navajo Nation in Church Rock, New Mexico. Morgan began to argue with the victim and opted to “to take it outside” where where Morgan fought with the victim and stabbed the victim several times. The victim was later pronounced dead at Gallup Indian Medical Center.
The FBI arrested Morgan on July 6. He is in custody pending a detention hearing scheduled for July 13. Morgan faces up to life in prison if convicted.
Indictments are only allegations. A defendant is presumed innocent unless and until proven guilty.
The Gallup office of the FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.
Member of the CBL/BFL Sentenced in RICO Conspiracy and Violent AssaultRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Michael Walker, 29, of Buffalo, NY, who was convicted of racketeering conspiracy and assault with a dangerous weapon in aid of racketeering, was sentenced to 120 months imprisonment by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that the defendant was a member of the CBL/BFL Gang, which stands for, among other things, “Cash Been Long” and “Brothers for Life.” The gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009 and operated primarily in the City of Buffalo at the Towne Gardens Housing Complex. The Towne Gardens served as a central hub for the gang with many members living within the housing complex, and many housing units used to store firearms and narcotics. Parking lots and business fronts adjacent to the Towne Gardens were utilized by members of the gang to distribute street level quantities of narcotics, including heroin, fentanyl, cocaine, crack cocaine, marijuana, and other drugs. The gang used violence, including murder and attempted murder, threats, and intimidation to defend their territory against rivals and anyone deemed to be a threat to the gang.
As part of his plea, defendant Walker admitted to the following:
• On June 19, 2019, the defendant was on Genesee Street, Cheektowaga, New York with co-defendant Kareem Pryor where they met up with Victim 1. The defendant accused Victim 1 of killing a CBL/BFL member and also of cooperating with law enforcement in the investigation of CBL/BFL. The defendant and co-defendant Pryor then both began punching Victim 1. The assault carried into the street and Victim 1 was forced to the ground where the defendant and co-defendant Pryor used their feet with shoes on them to stomp Victim 1’s upper body and head onto the pavement. The defendant and co-defendant Pryor then ran away. Victim 1 was treated at a hospital for a fractured shoulder bone and a concussion.
• On February 1, 2017, the defendant possessed over 600 grams of a mixture of butyryl fentanyl and three firearms.
• In March 2017, the defendant signed a false affidavit related to the possession of the drugs and guns from February 1, 2017.
• On May 13, 2013, the defendant was found in possession of 2.84 grams of cocaine base and marijuana.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the New York State Police, under the direction of Major James Hall; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Lackawanna Police Department, under the direction of Acting Chief Mark Packard; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.
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Marijuana User Sentenced to Federal Prison for Possessing a FirearmRead the Press Release
A Cedar Rapids drug user who unlawfully possessed a loaded gun was sentenced today to one year in prison.
Malik Cain Richardson, Sr., age 24, from Cedar Rapids, Iowa, received the prison sentence after a January 24, 2020 guilty plea to possession of a firearm by a drug user.
Information disclosed at sentencing and in his plea agreement showed that on February 27, 2020, Richardson was pulled over by Cedar Rapids police officers. During the stop, Richardson admitted he had a firearm and gave it to police. Officers also discovered that Richardson’s front seat passenger had approximately 15 grams of marijuana hidden in her pants. The passenger told officers that Richardson handed it to her as they were getting pulled over. Richardson admitted that he had been a marijuana user since he was 13 or 14 years old. Officers located multiple photos and text messages on Richardson’s phone which show that Richardson also sold marijuana. In July 2019, officers searched Richardson’s home and located marijuana, items consistent with marijuana distribution, and a loaded firearm.
Richardson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Richardson was sentenced to 12 months’ imprisonment. He was ordered to make payment of $100 to the special assessment fund. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Ashley Corkery and investigated by the Cedar Rapids Police Department, the Federal Bureau of Investigations, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
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. The United States Attorney’s Office has prosecuted this case with support from its Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-89.
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Man pleads guilty to attempted sexual enticement of a 13-year-old girlRead the Press Release
HONOLULU, Hawaii – Zachariah Fredrickson, 32, of Kapolei, Hawaii, pleaded guilty today in federal court to one count of attempting to entice a minor to engage in unlawful sexual activity. He entered his plea pursuant to a binding Plea Agreement with the government, in which the parties jointly recommended a sentence to include 10 years in prison. Sentencing is scheduled for October 29, 2020, before U.S. District Judge Helen Gillmor.
U.S. Attorney Kenji M. Price for the District of Hawaii stated that according to court documents and information presented in court, on March 25, 2019, Fredrickson engaged in a series of online chats with an undercover agent posing as a 13-year-old girl. During their conversations, Fredrickson arranged to meet the girl in person with the intent to engage in sexual activity. Fredrickson then traveled to the agreed-upon location, and was later arrested.
“This investigation is yet another step forward in our journey to protect our children from those who seek to do them harm. My office will continue its quest to bring justice to those who attempt to sexually exploit our children,” stated U.S. Attorney Price.
"We must protect the children of Hawaii and our Nation. The FBI is committed to identify sexual predators and bring them to justice,” stated FBI Special Agent in Charge Eli S. Miranda.
The case was investigated by the FBI and the Hawaii Internet Crimes Against Children Task Force (ICAC), and it was prosecuted by Assistant U.S. Attorney Morgan Early.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Man from Anaheim, California sentenced to 30 months in federal prison for ATM fraud schemeRead the Press Release
ALBUQUERQUE, N.M. – Ion Antonescu, 36, of Anaheim, California and Ramona Ghiocel, 37, of Bueno Park, California were sentenced in federal court in Albuquerque on July 9 for access device fraud offenses. Antonescu received a sentence of 30 months in prison and Ghiocel received a sentence of 24 months in prison.
Antonescu pleaded guilty to access device fraud on Jan. 13. Ghiocel pleaded guilty to conspiracy to commit access device fraud on the same date. According to their plea agreements and other public court records, Antonescu and Ghiocel participated in a conspiracy to commit access device fraud in New Mexico during a period of time including November 2018 to March 2019. They knew other members of the conspiracy installed skimming device on ATMs to steal credit and debit card information, created counterfeit access devices and used counterfeit and unauthorized access devices to obtain money. Antonescu provided transportation, lodging and other logistical support in furtherance of the conspiracy. Ghiocel rented an automobile using an alias and provided it to co-conspirators. Antonescu and Ghiocel also made false statements to federal agents to conceal and avoid responsibility for their crimes. The conspiracy involved theft of more than $170,000.
The FBI investigated this case. Assistant U.S. Attorney Paul Schied prosecuted the case
Individual Sentenced for Drug Trafficking at Villa Envangelina Public Housing Project in ManatíRead the Press Release
SAN JUAN, Puerto Rico – Today, U.S. District Court Judge Raúl M. Arias-Marxuach sentenced Juan Laureano-Miranda, a.k.a. “Juanchy” to 78 months imprisonment and 72 months of supervised release for his involvement in a drug trafficking conspiracy, announced United States Attorney W. Stephen Muldrow. Immigration and Customs Enforcement Homeland Security Investigations was in charge of the investigation, with the collaboration of and the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Puerto Rico Police Department, Arecibo Strike Force, and the Puerto Rico Bureau of Special Investigations.
On July 17, 2019, a federal grand jury in the District of Puerto Rico returned an indictment against 14 defendants for firearms and drug trafficking violations. Eleven other defendants already pleaded guilty and are awaiting sentencing, while two other defendants are pending trial.
On January 24, 2020, Laureano-Miranda had pled guilty to possessing firearms in furtherance of a drug trafficking crime and possessing with the intent to distribute crack cocaine. As noted above, the charged drug conspiracy included 14 defendants, who all possessed multiple firearms, in furtherance of the distribution of heroin, crack cocaine, cocaine, and marihuana at the Villa Evangelina Public Housing Project in Manatí, Puerto Rico. During their investigation, Homeland Security Investigations obtained surveillance video of the 14 defendants openly carrying multiple types of firearms, including high-capacity rifles and pistols, to take control over the public housing project and distribute narcotics in front of children and families. Assistant U.S. Attorney David T. Henek was in charge of the prosecution of the case and was assisted by Assistant U.S. Attorney Richard T. Passanisi.
This case is part of Project Safe Neighborhoods (PSN), a federal program designed to bring together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated in 2017, as part of the Department’s renewed focus on targeting each community’s most violent criminals. All U.S. Attorney’s Offices work in partnership with federal, state, and local law enforcement, as well as the local civilian community, to develop effective, targeted strategies to reduce violent crime. This case is a product of that collaborative effort.
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IRS Criminal Investigation and the United States Attorney’s Office Remind Taxpayers of Upcoming Tax Filing Deadline; Urge Taxpayers to Remain Vigilant of ScamsRead the Press Release
The Internal Revenue Service Criminal Investigation division and the U.S. Attorney’s Office for the Northern District of Oklahoma today reminded taxpayers of the July 15 filing and payment deadline and warned against an increase in tax and COVID-19 scams.
Due to COVID-19, the original filing deadline and tax payment due date for 2019 was postponed from April 15 to July 15. Taxpayers filing Form 1040 series returns must file Form 4868 by July 15 to obtain the automatic extension to Oct. 15.
“Although the extension provides additional time to file the tax return – it is not an extension to pay any taxes due”, said Tamera Cantu, Special Agent in Charge of IRS-CI’s Dallas Field Office. “For people facing hardships who cannot pay in full, including those affected by COVID-19, the IRS has several options available to help. The IRS encourages taxpayers to visit IRS.gov as soon as possible to explore these options and avoid accruing interest and penalties after the July 15 deadline.”
As the filing deadline approaches, taxpayers should also beware of tax and COVID-19 related scams.
“With the impending personal income tax filing deadline, Oklahomans should be vigilant of fraudsters seeking to exploit unsuspecting, law abiding citizens,” said U.S. Attorney Trent Shores for the Northern District of Oklahoma. “The IRS will not initiate contact with taxpayers via phone, email, or social media to request personal or financial information.”
Taxpayers can report COVID-19 scams to the National Center for Disaster Fraud. Taxpayers can also report fraud or theft of their Economic Impact Payments to the Treasury Inspector General for Tax Administration (TIGTA). Unsolicited (phishing) e-mails that appear to be from the IRS should be forwarded to [email protected].
For the most up-to-date information about the tax filing deadline and IRS impersonation scams, taxpayers can visit IRS.gov.
IRS Criminal Investigation and United States Attorney Remind Taxpayers of Upcoming Tax Filing Deadline; Urge Taxpayers to Remain Vigilant of ScamsRead the Press Release
Contact: Special Agent Matthew Amsden
Public Information Officer
IRS Criminal Investigation
60 Quaker Lane, 4th Floor, Suite 68
Warwick, RI 02886
(401) 826-4726
NEW HAMPSHIRE — The Internal Revenue Service Criminal Investigation division and the U.S. Attorney’s Office for the District of New Hampshire reminded taxpayers of the July 15 filing and payment deadline and warned against an increase in tax and COVID-19 scams.
Due to COVID-19, the original filing deadline and tax payment due date for 2019 was postponed from April 15 to July 15. Taxpayers filing Form 1040 series returns must file Form 4868 by July 15 to obtain the automatic extension to Oct. 15.
“Although the extension provides additional time to file the tax return – it is not an extension to pay any taxes due”, said Kristina O’Connell, Special Agent in Charge of the IRS Criminal Investigation division in New England. “For people facing hardships who cannot pay in full, including those affected by COVID-19, the IRS has several options available to help. The IRS encourages taxpayers to visit IRS.gov as soon as possible to explore these options and avoid accruing interest and penalties after the July 15 deadline.”
As the filing deadline approaches, taxpayers should beware of tax and COVID-19 related scams. “Criminals use the tax filing deadline as an opportunity to steal personal and financial information”, said U.S. Attorney Scott W. Murray for the District of New Hampshire. “Taxpayers should remain vigilant and know that the IRS will not initiate contact with them via phone, email or social media to request personal or financial information.”
In the last few months, the IRS Criminal Investigation division (CI) has continued to see a tremendous increase in a variety of Economic Impact Payment scams and other financial schemes. CI continues to work with its law enforcement partners to put a stop to these schemes and bring criminals to justice.
Taxpayers can report COVID-19 scams to the National Center for Disaster Fraud. Taxpayers can also report fraud or theft of their Economic Impact Payments to the Treasury Inspector General for Tax Administration (TIGTA). Unsolicited (phishing) e-mails that appear to be from the IRS should be forwarded to [email protected].
For the most up-to-date information about the tax filing deadline and IRS impersonation scams, taxpayers can visit IRS.gov.
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Hartford Man Admits Selling Fentanyl and CrackRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that JOSHUA JENKINS, 27, of Hartford, pleaded guilty yesterday before U.S. District Jeffrey A. Meyer to distributing fentanyl and crack cocaine.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding occurred via videoconference.
According to court documents and statements made in court, in July 2019, after a spate of gun violence in Hartford, the FBI’s Northern Connecticut Gang Task Force, DEA, Hartford Police Department and other law enforcement agencies initiated an investigation targeting gang-related drug distribution and associated violence in north Hartford. Between July and September 2019, investigators made three controlled purchases of fentanyl, followed by three controlled purchases of fentanyl and crack, from Jenkins.
Jenkins was arrested on September 13, 2019.
Jenkins pleaded guilty to one count of possession with intent to distribute, and distribution of fentanyl and cocaine base (“crack”), an offense that carries a maximum term of imprisonment of 20 years. Judge Meyer scheduled sentencing for October 2, 2020.
Jenkins is released on a $100,000 bond pending sentencing.
The FBI’s Northern Connecticut Gang Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
This case is being prosecuted by Assistant U.S. Attorney Geoffrey M. Stone.
Hammond Man Sentenced to 51 Months in PrisonRead the Press Release
HAMMOND- Isaiah Chase, 29, of Hammond, Indiana, was sentenced before District Court Judge James T. Moody following his plea of guilty to possession of a firearm as a felon. Chase also admitted to violations of his federal supervised release, announced U.S. Attorney Thomas L. Kirsch II.
Chase received a sentence of 51 months in prison for possession of a firearm to be followed by 2 years of supervised release.
According to documents filed in this case, on July 5, 2018, the Lake County Police Department performed a traffic stop on Chase’s vehicle in Gary, Indiana for excessive speeding and reckless lane changes. Following Chase’s arrest, officers searched the car before impounding it and found a Taurus pistol hidden between the center console and the passenger seat. Chase’s possession of this firearm also violated of the terms of his federal supervised release for a 2011 felony conviction for using a firearm in furtherance of a crime of violence and a drug trafficking crime.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Lake County Police Department and was prosecuted by Assistant United States Attorney Thomas M. McGrath.
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Greenbrier County Man Pleads Guilty to Attempted Sex Trafficking of a MinorRead the Press Release
BECKLEY, W.Va. – A Rainelle man pled guilty today to a sex offense involving a minor, announced United States Attorney Mike Stuart. Michael Darnell Ramsey, 47, pled guilty to attempted sex trafficking of a minor.
“These are heinous crimes,” said United States Attorney Mike Stuart. “We are working closely with our law enforcement partners to hold offenders accountable and bring justice to victims. If you are preying on West Virginia’s most vulnerable – we’re coming for you.”
Ramsey admitted that he was communicating via Snapchat with a person he believed to be a 14-year-old minor that he had previously met in person. During these conversations, Ramsey offered to pay the 14-year-old $200 to engage in two sexual acts. On April 3, 2020, Ramsey traveled to a meeting location in Greenbrier County to meet the minor to engage in the commercial sex acts, at which time he was placed under arrest.
Ramsey faces at least 10 years and up to life in prison when sentenced on October 23, 2020. He also will be required to register as a sex offender following his release from prison.
The West Virginia State Police, the Greenbrier County Sheriff’s Department and the Federal Bureau of Investigation’s West Virginia Child Exploitation and Human Trafficking Task Force conducted the investigation. United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Jennifer Rada Herrald is handling the prosecution.
The case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Four East Central Illinois Men Charged with Trafficking Child PornographyRead the Press Release
Springfield, Ill. – A federal grand jury this week returned indictments that charge four men, in separate, unrelated cases with trafficking child pornography. The defendants include two registered sex offenders from Decatur and two men from Rantoul, Ill.:
- Christopher L. Bailey, 39, of the 500 block of Center St., Decatur, Ill., a registered sex offender, is charged with distribution (two counts) and possession (one count) of child pornography.
- Tyler D. Jeffrey, 27, of the 2100 block of Roosevelt Ave., Decatur, Ill., a registered sex offender, is charged with one count of transportation of child pornography.
- William K. Armstrong, 25, of the 1100 block of Falcon Dr., Rantoul, Ill. Armstrong, charged with one count each of transportation and possession of child pornography, was previously arrested and charged on June 12, 2020, by criminal complaint. The complaint alleges that Armstrong possessed approximately 30 video files of minors, including toddler-aged children and prepubescent minors, engaged in sexual activity with others.
- Dwayne White, 55, of the 1300 block of Briarcliffe Dr., Rantoul, Ill. White, indicted on two counts of distribution and one count of possession of child pornography, was arrested and charged in a criminal complaint on June 19, 2020. The complaint alleged that White possessed images of prepubescent minors, aged seven to 10-years old.
The defendants remain in the custody of the U.S. Marshals Service at this time. Bailey and Jeffrey were both initially charged by the Macon County State’s Attorney, and made their respective initial appearances on July 9, before U.S. Magistrate Eric I. Long. Judge Long scheduled detention hearings for Bailey and Jeffrey on July 13. Initial trial dates were scheduled for Bailey and Jeffrey on Sept. 8, 2020, before Senior U.S. District Judge Michael M. Mihm. Armstrong and White are scheduled for arraignment on July 22, 2020, before Magistrate Judge Long.
Assistant U.S. Attorney Elly M. Peirson is representing the government in the case prosecutions. The charges result from investigations by U.S. Immigration and Customs Enforcement Homeland Security Investigations, the Decatur Police Department; Urbana Police Department; Champaign County Sheriff’s Office; and, the Illinois Internet Crimes Against Children Task Force.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
If convicted, the statutory penalty for transportation / distribution of child pornography is five to 20 years in prison. For possession of child pornography, the penalty is up to 10 years in prison.
The cases were brought as part of Project Safe Childhood, a nationwide initiative to combat child sexual exploitation and abuse launched in May 2006 by the Department of Justice. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Former employee of medical packaging company pleads guilty to disrupting PPE shipments by damaging a computerRead the Press Release
ATLANTA - Christopher Dobbins has pleaded guilty to the charge of reckless damage to a protected computer for deleting and modifying his former employer’s electronic shipping and other business records. Dobbins’s former employer is a medical packaging company that ships, among other things, personal protective equipment (“PPE”) to healthcare providers. Dobbins’s conduct delayed the shipment of PPE during the COVID-19 pandemic.
“Preventing scarce medical supplies from being delivered to healthcare workers and hospitals that need them is illegal,” said U.S. Attorney Byung J. “BJay” Pak. “Thanks to the cooperation of the victim company and the hard work of our law enforcement partners, we were able to bring this investigation to a swift conclusion and obtain a conviction for this egregious act.”
“Thanks to the quick reaction of the medical packaging company in contacting the FBI, we were able to react quickly and arrest this disgruntled employee,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “During this world wide epidemic it is imperative that we make sure crucial medical supplies are not disrupted or diverted from the front lines of medical care.”
According to U.S. Attorney Pak, the charges and other information presented in court: In early March 2020, Dobbins was terminated from his employment at a medical device packaging company. While employed at the company, Dobbins had administrator access to the computer systems containing the company’s shipping information. When his employment was terminated, he also lost his access to the company’s computer systems.
On March 26, Dobbins received his final paycheck from the company. Three days later, on March 29, 2020, he used a fake user account that he had previously created while still employed at the company to log into the company’s computer systems. He then conducted a computer intrusion that disrupted and delayed the medical device packaging company’s shipments of PPEs.
While logged in through the fake user account, Dobbins created a second fake user account and then used that second account to edit approximately 115,581 records and delete approximately 2,371 records. After taking these actions, Dobbins deactivated both fake user accounts and logged out of the system. The edits and deletions to the company’s records disrupted the company’s shipping processes, causing delays in the delivery of much-needed PPEs to healthcare providers.
Sentencing for Christopher Dobbins, 40, of Duluth, Georgia, is scheduled for October 16, 2020, at 10:00 a.m., before Chief U.S. District Judge Thomas W. Thrash.
The Federal Bureau of Investigation is investigating this case.
Assistant U.S. Attorney Samir Kaushal is prosecuting the case.
This case is part of Georgia’s Coronavirus (COVID-19) Fraud Task Force, aimed at better protecting the citizens of Georgia from criminal fraud arising from the pandemic. Formed by Georgia’s leading state and federal prosecutors, the task force serves to open channels of communication between partner agencies and more rapidly share information about COVID-19 fraud, while ensuring each fraud complaint is reported to the appropriate prosecuting agency. The task force member agencies include the Office of the Governor of Georgia, the Office of the Attorney General of Georgia, the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Attorney’s Office for the Middle District of Georgia and the U.S. Attorney’s Office for the Southern District of Georgia. Georgia’s three U.S. Attorneys, the Attorney General of Georgia, and the Executive Counsel for the Governor’s Office serve on the 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 www.justice.gov/DisasterComplaintForm.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former Navy Depot Supervisor Indicted for Abusive Sexual Contact and Physical AssaultRead the Press Release
HARRISBURG - The U.S. Attorney’s Office for the Middle District of Pennsylvania announced that Jared Bishop Heisey, age 30, of Etters, Pennsylvania, was indicted on July 1, 2020, for abusive sexual contact without consent and simple assault.
According to United States Attorney David J. Freed, the indictment alleges that Heisey, former supervisor at the Distribution Defense Logistics Agency on Naval Services Activity in Mechanicsburg, engaged in unwanted sexual contact in July, August, and November 2019, of an employee of the United States Government while she was engaged in the performance of her official duties.
The case was investigated by Naval Criminal Investigative Services and is being prosecuted by Assistant U.S. Attorney Jaime Keating.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for each Sexual Abuse charge is two years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty under federal law the Simple Assault charge is one year of imprisonment and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant
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Former NFL Player Pleads Guilty to Fraud Involving WMATARead the Press Release
ALEXANDRIA, Va. – A former National Football League (NFL) player pleaded guilty today to orchestrating a conspiracy to defraud the Washington Metropolitan Area Transit Authority (WMATA) of over $300,000.
Brian Carpenter, 59, of Centreville, played for the Washington Redskins, New York Giants, and Buffalo Bills in the early 1980s. According to court documents, Carpenter was the owner and operator of a Leesburg company called the Flintstone Group which facilitated the sale and distribution of janitorial products, including products that were specifically labeled and created from his time in the NFL, including an enzyme solvent named “Blitz” and degreaser citrus solvent called “DG-28.”
Carpenter established a relationship with at least two employees of WMATA who were assigned WMATA-issued credit cards as part of their roles as assistant superintendents for WMATA’s maintenance and custodial services division. Carpenter devised a scheme whereby the WMATA employees permitted him to charge their credit cards for supplies that were never in fact delivered. In these instances, Carpenter would retain a substantial portion of the amount charged from the sales for his own personal benefit and the employees received cash payments in exchange for permitting Carpenter to charge their cards. To make it appear that Carpenter ran a wholly legitimate business and to circumvent WMATA’s internal credit card controls, he used at least 10 different companies to process transactions from the credit cards, most of whom were not in the janitorial supply business and had never met the WMATA employees whose cards they charged. Carpenter then provided the WMATA employees with fake and fraudulent invoices representing that WMATA paid for and received all of the products it ordered.
When WMATA-Office of Inspector General began investigating the case, Carpenter provided investigators with altered invoices to make it appear that he had ordered or substituted all of the products that were charged to WMATA. In total, WMATA spent at least $310,000 on products that were never delivered.
Carpenter pleaded guilty to conspiracy to commit wire fraud and faces a maximum penalty of 20 years in prison when sentenced on December 15. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; James A. Dawson, Special Agent in Charge, Criminal Division, FBI Washington Field Office; and Geoffrey Cherrington, Inspector General for the Washington Metropolitan Area Transit Authority, made the announcement after Senior U.S. District Judge Liam O’Grady accepted the plea. Assistant U.S. Attorneys Jamar K. Walker and Heidi B. Gesch are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-362.
Former MS-13 Gang Leader in Queens Indicted for Murder in-Aid-of RacketeeringRead the Press Release
An indictment was unsealed today in federal court in Brooklyn charging Marcelo Esquivel with murder in-aid-of racketeering and causing death through the use of a firearm in connection with the fatal shooting of Daniel Licona-Gonzalez on July 2, 2012. At the time of the murder, Esquivel was the leader of the Centrales Locos Salvatruchas clique of La Mara Salvatrucha, also known as the MS-13, a transnational criminal organization, in Jamaica, Queens. Esquivel was arrested yesterday and will be arraigned this afternoon via teleconference before United States Magistrate Judge Roanne L. Mann.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York Field Office (HSI), and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the charges.
“As alleged, Esquivel ordered the murder of another human being in furtherance of the vicious code of the MS-13 gang, and the life of an 18-year-old man was ended by co-conspirators carrying out the defendant’s death wish,” stated United States Attorney Donoghue. “The Eastern District will continue to do everything possible to crush the MS-13 and Esquivel’s arrest sends a powerful message that the passage of time will not deter this Office and our law enforcement partners from investigating, prosecuting and holding accountable anyone who commits violent crimes on behalf of the gang.”
“A man standing in the street was shot in the head, and later died because two members of MS-13 sought out a twisted type of gravitas in their violent gang,” stated FBI Assistant Director-in-Charge Sweeney. “The men rode a bicycle to carry out their orders allegedly given by Mr. Esquivel, an oddly childlike behavior with deadly consequences. Our FBI New York Metro Safe Streets Task Force is determined to pursue the leaders of this despicable gang, regardless of how much time has passed since their crimes took place.”
“As an MS-13 gang leader, Esquivel allegedly used his authority to order a hit on a rival gang member. Using the gun allegedly provided by Esquivel, two MS-13 gang members took the life of another human being,” stated HSI Special Agent-in-Charge Fitzhugh. “A human life is a human life, regardless of gang affiliation, and gang on gang violence will not be tolerated. HSI will continue to collaborate with the FBI and NYPD to take murderers off the street and try to bring some solace to the victims’ families.”
“Our NYPD investigators, with our state and federal partners, as shown in this case will relentlessly seek justice against gangs no matter when or where their brutal violence is carried out,” stated NYPD Commissioner Shea.
As set forth in court filings, on July 2, 2012, Esquivel directed two MS-13 members to murder a member of the rival Latin Kings gang and provided them with a gun. Coconspirator-1 was a new member of the gang and hoped to earn respect within the gang by carrying out an act of violence. Coconspirator-1 and Coconspirator-2 then set out on a bicycle to find a Latin King to murder. Coconspirator-2 rode the bicycle and Coconspirator-1 stood on the bicycle’s back pegs. They went to a location that they understood was Latin Kings’ territory to find their target. In the vicinity of Lowe Court and 149th Street in Jamaica, they saw a group of men that they believed were Latin Kings. One of the Coconspirators yelled, “La Mara,” a reference to his gang, and shot Licona-Gonzalez in the head. The victim died the following day.
Today’s charges are the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 45 murders in the district and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by our law enforcement partners.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
If convicted, Esquivel faces a mandatory sentence of life imprisonment and is eligible for the death penalty.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorney Nadia E. Moore is in charge of the prosecution.
The Defendant:
MARCELO ESQUIVEL (also known as “Profugo” and “Baby”)
Age: 31
Jamaica, New YorkE.D.N.Y. Docket No.: 20-CR-250 (MJB)
Former Department of Defense Contracting Officer and Maryland Woman Charged with Defrauding GovernmentRead the Press Release
BOSTON – An Uxbridge man and Maryland woman were charged with conspiring to defraud the government of thousands of dollars from 2014 to 2018.
Thomas Bouchard, 57, of Uxbridge, Mass., was arrested yesterday, and Chantelle Boyd, 50, of Woodsboro, Md., was arrested on Monday, July 6, 2020, and charged with one count of conspiracy and 10 counts of theft of government funds. Boyd was also charged with false declarations before the grand jury.
As alleged in the indictment, Bouchard was the Contracting Officer in charge of the U.S. Army Natick Contracting Division, a full service contracting organization for the Department of Defense. In 2014, Bouchard allegedly used his long-standing relationship with Evolution Enterprise, Inc., a government contractor, to have Boyd hired for a “no show” job as an assistant that specifically supported Bouchard. Boyd’s position cost the Department of Defense more than $490,000 during her time at Evolution from 2014 to 2018, during which she performed little if any useful function.
The indictment alleges that Bouchard and Boyd took numerous government-funded trips, ranging in duration from two to 15 days, under the guise that they were work related. This included 31 trips to Orlando, Fla., among other locations such as Clearwater Beach, Fla., and Stafford, Va., during which Boyd performed little if any work. For many of the trips, Bouchard and Boyd stayed in the same hotel room and spent time at the pool and Disney parks – all during business hours. It is alleged that in order to conceal the personal nature of the trips, Bouchard altered and created false travel expenses for Boyd, which Bouchard approved to reimburse Boyd for out-of-pocket expenses.
In addition, Boyd is charged with making false statements to the grand jury in May 2018 in relation to these trips.
The conspiracy charge provides a sentence of up to five years in prison, three years of supervised release and a fine of 250,000. Each charge of theft of government funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. The charge of lying to a grand jury provides a sentence of up to five years in prison, three years of supervised release and a fine of 250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Luis A. Hernandez, Special Agent in Charge of the General Services Administration Office of Inspector General; Leigh-Alistair Barzey, Special Agent in Charge of the Defense Criminal Investigative Service; and Michael Connor, Resident Agent in Charge of the Army Criminal Investigations Command, Major Procurement Fraud Unit made the announcement. Assistant U.S. Attorney Evan Gotlob of Lelling’s Criminal Division is prosecuting the case.
The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Custom Carbon Processing official sentenced to prison, fined for violating Clean Air Act for actions leading to explosion of Wibaux oil processing plantRead the Press Release
BILLINGS – The former president of Custom Carbon Processing, Inc. was sentenced today to 18 months in prison, three years of supervised release and fined $50,000 for his actions related to an explosion that injured three workers at the company’s oil processing plant in Wibaux, U.S. Attorney Kurt Alme said.
A jury in September found Peter Margiotta, 63, of Edmonton, Alberta, Canada, guilty of all three counts in an indictment, including conspiracy, Clean Air Act—general duty and Clean Air Act-knowing endangerment.
U.S. District Judge Susan P. Watters presided. Judge Watters took restitution under advisement and will issue a ruling later. Margiotta was released pending assignment to a federal prison.
“By failing to comply with the law in the construction and operation of a plant that handled hazardous materials, Mr. Margiotta endangered his employees, three of whom were injured in the explosion. Companies doing business in Montana must follow environmental regulations," U.S. Attorney Alme said.
“By knowingly operating an oil processing facility without appropriate safeguards, the defendant endangered workers and the public,” said Bert Marsden, Resident Agent in Charge of the Environmental Protection Agency’s criminal enforcement program. “Today’s sentencing reflects the egregious nature of the defendant’s actions.”
“Employees expect that their employers prioritize their safety by ensuring adherence to Federal safety regulations. In hazardous material transportation and processing, this expectation is paramount,” stated Cissy McCune, Regional Special Agent-in-Charge, U.S. Department of Transportation Office of Inspector General. “Our work with the U.S. Attorney’s Office and agents from the U.S. Environmental Protection Agency, which resulted in the sentencing of Mr. Margiotta, is a testament to our commitment to protecting the safety of our nation’s transportation workforce.”
“The hard work and dedication of our federal partners to bring justice for victims and hold Mr. Margiotta accountable for his unacceptable actions is to be commended,” said Rita Lucero, Acting Regional Administrator for OSHA’s Denver Region. “OSHA will continue to collaborate with federal agencies to hold employers accountable if they violate federal workplace safety and health laws that place their employees at risk of serious physical harm and death.”
During a five-day jury trial, the prosecution presented the following evidence:
Margiotta was president and CEO of Custom Carbon Processing, a Wyoming company that constructed the Michels Disposal Well and Oil Reclamation Facility in Wibaux in 2012. The construction was done in ways that allowed extremely hazardous hydrocarbon vapors and air pollutants to be released into the air.
On July 4, 2012, Margiotta directed the opening of the plant before implementing appropriate electrical wiring, ventilation and other safety measures. On that date, the project manager emailed Margiotta: “The control panels must be moved asap with the explosion proof wiring. We also run the risk of killing someone, not only our operators but also customers.”
Margiotta also directed employees to accept shipments of highly volatile and flammable “natural gas condensate” or “drip gas” into the operations in a purported effort to help thin and process the slop oil at the plant.
Margiotta disregarded repeated warnings from the plant’s foreman that the natural gas condensate was not effective in thinning the slop oil and instead was creating a dangerous situation because of its highly volatile and flammable nature.
On Dec. 29, 2012, the plant accepted a delivery of natural gas condensate. During the offloading of the material, hazardous and flammable vapors from the condensate filled the plant building and spread out the open bay doors where the truck delivering the condensate was located. The vapors reached an ignition source, triggering an explosion that injured three employees and extensively damaged the plant, the truck and trailer involved in the delivery.
This Clean Air Act prosecution was of national significance not only for the extent of the harm caused, but also because it is the first trial conviction under 42 U.S.C. Sec. 7413(c)(5), which imposes increased penalties for anyone who knowingly releases hazardous air pollutants knowing that, at the time of the release, they have put someone in imminent danger of death or serious bodily injury. It is also the first conviction under 42 U.S.C. Sec. 7412(r)(1), which places a general duty on owners/operators of facilities handling extremely hazardous substances to prevent and mitigate the consequences of accidental releases of those substances.
Assistant U.S. Attorney Bryan Dake and Special Assistant U.S. Attorney Eric Nelson prosecuted the case, which was investigated by the Environmental Protection Agency, the U.S. Department of Transportation Office of Inspector General and the Occupational Safety and Health Administration.
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Former CEO of Tennessee Pain Management Company Sentenced for Role in Multi-Million Dollar Medicare Kickback SchemeRead the Press Release
NASHVILLE, Tenn. – July 10, 2020 - A Tennessee healthcare executive was sentenced to 42 months in prison yesterday for his role in an approximately $4 million kickback scheme.
U.S. Attorney Don Cochran, Acting Assistant Attorney General Brian Rabbitt of the Justice Department’s Criminal Division, Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Atlanta Region, Special Agent in Charge John F. Khin of the U.S. Department of Defense Criminal Investigative Service’s (DCIS) Southeast Field Office, and Director David Rausch of the Tennessee Bureau of Investigation (TBI) made the announcement.
John Davis, 42, of Franklin, Tennessee, the former CEO of Comprehensive Pain Specialists (CPS) of Gallatin, Tennessee, was sentenced by U.S. District Judge William Campbell, Jr., of the Middle District of Tennessee. Judge Campbell also ordered Davis to forfeit $770,036.00. Davis was convicted of one count of conspiracy to defraud the United States and violate the Anti-Kickback Statute as well as seven counts of violating the Anti-Kickback Statute in April 2019 after a seven-day trial.
According to evidence presented at trial, Davis abused his position as CEO of CPS to arrange for referrals of Medicare Durable Medical Equipment (DME) orders to his co-conspirator, Brenda Montgomery and her company, CCC Medical. Evidence showed that Davis operated a shell company called ProMed Solutions (ProMed), which he had registered in the name of his wife. Davis received over $770,000 in illegal kickbacks disguised as payments to his wife and ProMed. Together, Davis and Montgomery pocketed over $2.9 million dollars in improper reimbursements from Medicare. Davis used company funds from CPS to pay bonuses to providers who ordered DME for Medicare beneficiaries and referred those orders to CCC Medical. Davis received 60% of the Medicare profit from these referrals, while the company he ran lost the opportunity to bill for these services.
Evidence at trial also showed that in April and May of 2015, Davis became concerned about the size of the kickback payments that he was receiving from CCC Medical. To address this concern, Davis and Montgomery engaged in a sham sale of ProMed, which had no assets, no employees, no equipment, no office space, and no customers other than CPS. Evidence further showed that Davis and Montgomery set the price for the sham sale based upon the average monthly kickbacks that Davis had been paid for the previous 8 months. When CPS referrals slowed, Davis agreed to reduce the purported “purchase price” to $150,000. When Davis received the last check for the sham sale, he began cutting off referrals to CCC Medical.
Montgomery pleaded guilty on January 7, 2019, to one count of conspiracy to defraud the United States and violate the Anti-Kickback Statute, and seven counts of violations of the Anti-Kickback Statute. She is currently serving a 42-month prison sentence.
This case was investigated by HHS-OIG, with the support of the Defense Criminal Investigative Service, the Internal Revenue Service – Criminal Investigation, and the Tennessee Bureau of Investigation Medicaid Fraud Control Unit, and was brought as part of the Medicare Fraud Strike Force. Assistant U.S. Attorney Taylor J. Phillips and Trial Attorney Anthony Burba of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for approximately $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
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Florida Man Charged with COVID Relief Fraud and Health Care FraudRead the Press Release
A Florida man was arrested today on allegations that he fraudulently sought several Paycheck Protection Program (PPP) loans, and that he participated in a scheme to defraud Medicare of at least $5.6 million. It is further alleged that a portion of the PPP loan proceeds were potentially used in furtherance of the Medicare fraud scheme.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, Omar Perez Aybar of the U.S. Department of Health and Human Services-Office of the Inspector General (HHS-OIG), and Special Agent in Charge Kevin Kupperbusch of the Small Business Administration’s Office of the Inspector General (SBA-OIG) made the announcement.
Carlos Belone, 37, of Coconut Creek, Florida, was charged by criminal complaint, unsealed today upon his arrest, in the Southern District of Florida with wire fraud; conspiracy to commit health care fraud; payment of health care kickbacks; and making false statements to a financial institution. He made his initial appearance before U.S. Magistrate Judge Lurana S. Snow.
The complaint alleges that Belone submitted several fraudulent PPP loan applications to federally insured financial institutions, other SBA-approved lenders, and the SBA in the name of R&S Pharmacy Inc. (R&S Pharmacy), a durable medical equipment company that allegedly submitted false and fraudulent claims to Medicare for orthotic braces that were medically unnecessary, ineligible for Medicare reimbursement and/or not provided as represented. Belone was an owner of R&S Pharmacy. Patients interviewed as part of the investigation stated that they did not want or need orthotic braces; had not authorized their Medicare number to be used to submit claims for orthotic braces; and/or that they did not receive orthotic braces as represented by R&S Pharmacy in the claims that Belone and his co-conspirators submitted to Medicare.
The complaint alleges that, to support the fraudulent PPP loan applications, Belone submitted fake tax documents and doctored profit and loss statements for R&S Pharmacy. The complaint additionally alleges that Belone succeeded in fraudulently obtaining over $22,000 in PPP loan proceeds, and shortly thereafter, made payments, or caused payments to be made, to a company suspected of furthering the Medicare fraud scheme, and directed approximately $12,000 of the PPP loan money to a personal account under his control.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted March 29. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set time period and use at least a certain percentage of the loan towards payroll expenses.
A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by SBA-OIG, the FBI’s Miami Field Office, and HHS-OIG. The Department of Justice also thanks the U.S. Attorney’s Office for the Southern District of Florida, the Florida Department of Revenue, IRS-Criminal Investigation, and the U.S. Department of Labor’s Office of Inspector General for assistance they provided. Trial Attorney Sara Clingan of the Criminal Division’s Fraud Section is prosecuting the case.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
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.
Five Defendants Indicted in Federal Drug Investigation Centered on North Side of ChicagoRead the Press Release
CHICAGO — Five individuals have been indicted on drug charges as part of a federal investigation into cocaine trafficking on Chicago’s North Side.
During the multi-year investigation, law enforcement seized more than 365 grams of suspected crack or powder cocaine, and six grams of fentanyl. Much of the alleged drug trafficking occurred in the West Ridge neighborhood on the North Side of Chicago.
An indictment returned Thursday in U.S. District Court in Chicago charges five defendants with conspiracy and other federal drug offenses: JOSHUA MOORE, also known as “Big Moe” and “Big Guy,” 41; JOHN HEARD, also known as “Bird,” 30; EARNEST GREENE, also known as “Ernie,” 20; JOSE FONTANEZ, also known as “Joey Crack,” 38; and ANTONIO MAXEY, also known as “Tone,” 32; all of Chicago. Greene currently remains at large, while the other defendants are either in law enforcement custody or have been released on court-supervised bond.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI; and David Brown, Superintendent of the Chicago Police Department. Assistant U.S. Attorneys Shawn McCarthy and Katie M. Durick represent the government.
According to the indictment and a criminal complaint previously filed in the case, Moore operated a drug trafficking organization near the intersection of Devon and Western Avenues in Chicago. Moore’s operation also utilized a drug stash house in the 7000 block of North Rockwell Street in Chicago, directly across the street from Indian Boundary Park, the charges allege.
As part of his operation, Moore purchased wholesale quantities of cocaine and packaged it for distribution on the street, the charges state. He also allegedly “cooked” the powder cocaine into crack cocaine for street sale. Moore either sold narcotics directly to customers or supplied the drugs to his co-defendants to handle the sales, the charges state.
During the investigation, law enforcement made numerous undercover purchases of crack cocaine or powder cocaine from Moore’s organization, according to the charges.
The public is reminded that an indictment contains only accusations and 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. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
Five Charged as Part of Ongoing Investigation of Bridgeport Murder, Other Violent ActsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that an investigation of a Bridgeport murder in 2018 and other violent acts has resulted in federal charges against the following five individuals:
HENRY FLOY, a.k.a. “Mills,” 21, of Bridgeport
SHAKALE BRANTLEY, a.k.a. “Charlie Wilson,” “Kellz,” and “Man Man,” 20, of Bridgeport
ANTOINE SISTRUNK, 21, of Charlotte, North Carolina (formerly of Bridgeport)
TA’RON PHARR, a.k.a. “250,” 20, of Bridgeport
JAYLEN WILSON, a.k.a. “Jay-Dot,” 21, of Ansonia and DerbyAs alleged in court documents and statements made in court, in an effort to address escalating violence in Bridgeport, the FBI, ATF, DEA and Bridgeport Police are actively investigating members of the Original North End (“ONE”), a group based in the Trumbull Gardens area of Bridgeport whose members are involved in narcotics trafficking and numerous acts of violence, including murder. In the early morning hours of August 13, 2018, a man was shot and killed and a woman was shot and seriously wounded while both were seated in a car parked on Union Avenue in Bridgeport. Surveillance video showed that the shots were fired from a white Jeep Grand Cherokee that had pulled up next to the car and then fled the scene. Approximately three hours later, a white Jeep Grand Cherokee was found burning in Indian Wells State Park in Shelton. The vehicle had been reported stolen from Newburgh, New York, on August 9, 2018. A purse belonging to the Jeep’s owner, which was in the Jeep at the time of the theft, was subsequently recovered on Grandview Avenue in Bridgeport, and the owner’s debit card was unlawfully used or attempted to be used at retail locations in Trumbull and Bridgeport.
It is alleged that Floy, Brantley, Pharr and Wilson stole the Jeep and drove it back to Bridgeport. It is further alleged that ONE members murdered the male victim on August 13, 2018, and seriously wounded his female companion. After the murder, Floy, Brantley and Sistrunk attempted to destroy the Jeep and other evidence used in the murder in order to hinder the investigation and prosecution of the murder.
On March 18, 2020, a federal grand jury in Bridgeport returned an indictment charging Floy, Brantley and Sistrunk with one count of accessory after the fact to murder, in violation of the Violent Crimes in Aid of Racketeering (VICAR) statute. The defendants were subsequently arrested on this charge and the investigation continued.
The investigation revealed, as alleged, that Brantley and other ONE members planned and executed robberies of drug dealers. Specifically, in October 2018 in Bridgeport, and in November 2018 in Stratford, Brantley and others attacked and stole marijuana from a marijuana dealer. After Brantley was arrested in March 2020, and while he was incarcerated, Brantley attempted to solicit others to kill the victim of the marijuana robberies in order to prevent Brantley’s prosecution for those offenses.
On July 8, 2020, a grand jury in New Haven returned a superseding indictment adding Pharr and Wilson as defendants, and adding additional charges. Pharr and Wilson were arrested on state charges on July 7 and are currently detained.
The superseding indictment charges Floy, Brantley and Sistrunk with one count of accessory after the fact to VICAR murder, an offense that carries a maximum term of imprisonment of 15 years. In addition, Floy, Brantley, Pharr and Wilson are charged with one count of interstate transportation of stolen property, which carries a maximum term of imprisonment of 10 years.
The superseding indictment also charges Brantley with two counts of interference with commerce by robbery, one count of conspiracy to interfere with commerce by robbery, one count of solicitation of witness tampering, and one count of tampering with a witness by threat. Each of these charges carry a maximum term of imprisonment of 20 years.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This ongoing investigation is being conducted by the FBI’s Safe Streets and Violent Crimes Task Forces, ATF, DEA, Bridgeport Police Department, Connecticut State Police and the Bridgeport State’s Attorney’s Office, with the assistance of the Connecticut Forensic Science Laboratory and the Waterbury Police Department. The case is being prosecuted by Assistant U.S. Attorneys Peter D. Markle, Karen L. Peck, Rahul Kale and Jocelyn C. Kaoutzanis.
U.S. Attorney Durham noted that this prosecution is a part of the Justice’s Department’s Project Safe Neighborhoods (PSN) program and Project Longevity. PSN is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone. Project Longevity is a comprehensive initiative to reduce gun violence in Connecticut’s major cities. Through Project Longevity, community members and law enforcement directly engage with members of groups that are prone to commit violence and deliver a community message against violence, a law enforcement message about the consequences of further violence and an offer of help for those who want it.
Firearms-related indictments continue Project Guardian's collaborative law enforcement initiativeRead the Press Release
SAVANNAH, GA: Ten defendants were indicted this week on felony charges, including federal firearms violations, under the umbrella of the Department of Justice’s Project Guardian.
In addition to firearms charges, many of the 10 indictments charge a range of federal crimes including drug trafficking, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. Most of the indictments target previously convicted felons, several of whom were on state parole or probation at the time of their indictment.
“As a key Department of Justice initiative, Project Guardian leverages the cooperative relationship between our office, the Bureau of Alcohol, Tobacco and Firearms, and state and local law enforcement agencies and prosecutors to protect our communities by identifying and removing gun criminals,” said U.S. Attorney Christine. “Together we will continue working to keep our communities safer by targeting repeat offenders who illegally possess and use firearms.”
Those named in the federal indictments include:
- John Wesley Boone, a/k/a “Boone,” a/k/a “J,” 33, of Brunswick, Ga., charged with Possession with Intent to Distribute Ecstasy and Crack Cocaine; Possession of a Firearm by a Convicted Felon; and Possession of a Firearm in Furtherance of a Drug Trafficking Offense.
- Joseph Jay Gartrell III, 36, of Augusta, charged with Possession with Intent to Distribute Methamphetamine; Possession of a Firearm by a Convicted Felon; and Possession of a Firearm in Furtherance of a Drug Trafficking Crime.
- Tron Smith, 33, of Savannah, charged with Possession with Intent to Distribute Cocaine and Marijuana; Possession of a Firearm by a Convicted Felon; and Possession of a Firearm in Furtherance of a Drug Trafficking Offense.
- Dominique Johnson, 32, of Augusta, charged with Possession of a Firearm by a Convicted Felon; and Possession of Cocaine and Marijuana.
- Courtney Spann, 28, of Statesboro, Ga., charged with Possession of Ammunition and Firearms by a Convicted Felon.
- Chance Derrell Christian, 41, of Kingstree, S.C., charged with Possession of a Firearm by a Convicted Felon.
- Samuel Powell III, 37, of Augusta, charged with Possession of a Firearm by a Convicted Felon.
- Arkeem Collins, 24, of Savannah, charged with Possession of a Firearm by a Convicted Felon.
- Clifford Stone, 28, of Wrens, Ga., charged with Possession of a Firearm by a Convicted Felon.
- Delvon Brown, 34, of Savannah, charged with Possession of a Firearm by a Convicted Felon.
Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty.
“ATF will continue to focus its resources on this results-driven initiative to curb firearms-related violent crime in the Southern District of Georgia,” said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Division of the ATF.
The cases are investigated under Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws, and the Prosecutor to Prosecutor Program (P3), which provides collaboration between federal and state prosecutors to determine the most appropriate venue for prosecuting crimes.
In addition to the ATF, agencies involved in investigation of the cases include the Drug Enforcement Administration, the FBI, the Georgia Department of Community Supervision, the Georgia State Patrol, the Chatham-Savannah Counter Narcotics Team, the Richmond County Sheriff’s Office, the Jefferson County Sheriff’s Office, the Liberty County Sheriff’s Office, the Brunswick Police Department, the Savannah Police Department, the Hinesville Police Department, the Glynn County Police Department, and the Statesboro Police Department.
The cases are being investigated for the United States by Southern District U.S. Attorney’s Office Assistant U.S. Attorneys including Project Guardian Coordinator Henry W. Syms; Joshua Bearden; Jennifer Stanley; Jennifer Kirkland; John P. Harper III; and Special Assistant U.S. Attorneys Edwin Caban and Noah Abrams.
Felon Who Hid a Firearm in a Cop Car While Being Arrested Sentenced to Federal PrisonRead the Press Release
A man who hid a firearm in the back of a police car when he was arrested in 2019 was sentenced today to more than 4 years in federal prison.
Juwan Logan, age 43, from Waterloo, Iowa, received the prison term after a January 15, 2020 guilty plea to being a felon in possession of a firearm.
In a plea agreement, Logan admitted he was driving a motorcycle on October 17, 2019, when he was stopped for a number of traffic violations. When Logan was arrested for driving while barred, he was placed in the back of a police car. Although he was patted down, Logan was able to keep a small handgun hidden on his person. Prior to arriving at the Black Hawk County Jail, hid the handgun in the vehicle. Officers found it a short time later. Logan has prior convictions for domestic abuse and possession a firearm as a felon.
Logan was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Logan was sentenced to 57 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system. Logan 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 Patrick J. Reinert and investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives in concert with the Waterloo, Iowa, Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-02074.
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Escape from Halfway House Results in Additional Time in Federal PrisonRead the Press Release
A Cedar Rapids man who escaped from a residential reentry center where he was ordered by a federal court was sentenced today to more than 2 years in federal prison.
Caleb Lee Olson, age 45, from Cedar Rapids, Iowa, received the prison term after a March 3, 2020 guilty plea to one count of escape from federal custody. In a plea agreement, Olson admitted he was originally sentenced to 151 months’ imprisonment for drug trafficking in U.S. District Court in Cedar Rapids on April 20, 2011, with a term of supervised release to follow. Olson had his supervised release revoked multiple times, most recently in February 2020, when he was sentenced to serve 36 months’ imprisonment. As a condition of Olson’s supervised release, he was required to reside in a residential reentry center. On July 22, 2019, Olson left the Gerald R. Hinzman Center in Cedar Rapids and never returned. Olson was later found in possession of methamphetamine and arrested in Denver, Colorado, on August 26, 2019.
Olson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Olson was sentenced to 27 months’ imprisonment that must be served in addition to the 36-month sentence imposed for his supervised release violation. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system. Olson 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 Patrick Reinert and was investigated by United States Marshals Service, the Northern Iowa Fugitive Task Force. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 20-CR-00012.
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Department of Justice Awards $2.2 Million for Innovative Community Policing Projects - Louisiana State University Receives $88,229 Grant for School Safety ProjectRead the Press Release
The Department of Justice has awarded $2.2 million in grant funding to law enforcement agencies and stakeholders through the Department’s Office of Community Oriented Policing Services (COPS Office) Community Policing Development (CPD) Microgrants Program. COPS Office Director Phil Keith announced 29 awards with award amounts ranging from $15,090 to $100,000.
On July 7, 2020, the Department of Justice announced that Louisiana State University Police Department was one of the 29 law enforcement recipients selected to receive a Community Policing Development Microgrant Program grant. LSU will use the $88,229 grant to address the issue of school safety with its project, “Statewide Approach to Higher Education School Safety in Louisiana.” The project will focus on building a comprehensive approach to school safety across all public higher education institutions in Louisiana through workshops across the state.
U.S. Attorney Fremin stated, “With the rising rates of academic violence, it is vital for law enforcement and school institutions to work together in pursuing effective counter-measures against these risks. This funding is a critical step in aiding LSU as they develop, refine, and improve school security and I applaud them for their proactive measures.”
“This grant will aid LSU as they work with educational institutions and law enforcement agencies throughout the state to improve school safety,” said David C. Joseph, U.S. Attorney for the Western District of Louisiana. “I am thankful to the Department of Justice and COPS for providing these resources.”
“The announcement of Louisiana’s CPD Microgrants award highlights the commitment from the Department of Justice to afford our state the innovative programs they need to improve planning, information sharing and public higher education response capabilities, as well as to enhance public safety and combat crime.” said U.S. Attorney for the Eastern District of Louisiana, Peter G. Strasser.
“The CPD Microgrants Program is a critical resource to advance innovative community policing projects across the country,” said Director Keith. “These strategic investments from the COPS Office pay huge dividends to state and local law enforcement agencies and the communities that they serve.”
CPD Microgrants Program funds are used to develop the capacity of local, state, and tribal law enforcement agencies to implement community policing strategies. Applicants were invited to propose demonstration or pilot projects to be implemented in their agency that offer creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing in one of the following areas:
• Human Trafficking
• Meeting Rural Law Enforcement Challenges
• Officer Safety and Wellness
• Recruitment, Hiring, and Retention
• School Safety
• Staffing and Allocation Studies
• Victim-Centered Approaches
• Violent Crime
• Youth Engagement
Funding through this program is available for the first time since 2018, following the successful removal of a nationwide injunction. These awards are being announced at a critical time for our country, when community policing strategies are very much needed to improve police and community relations.
The complete list of awards can be found here. To learn more about CPD Microgrants, please visit https://cops.usdoj.gov/cpdmicrogrants. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Department of Justice Awards $2.2 Million for Innovative Community Policing ProjectsRead the Press Release
NEW ORLEANS – The Department of Justice has awarded $2.2 million in grant funding to law enforcement agencies and stakeholders through the Department’s Office of Community Oriented Policing Services (COPS Office) Community Policing Development (CPD) Microgrants Program. COPS Office Director Phil Keith announced 29 awards with award amounts ranging from $15,090 to $100,000.
On July 7, 2020, the Department of Justice announced that Louisiana State University Police Department was one of the 29 law enforcement recipients selected to receive a Community Policing Development Microgrant Program grant. LSU will use the $88,229 grant to address the issue of school safety with its project, “Statewide Approach to Higher Education School Safety in Louisiana.” The project will focus on building a comprehensive approach to school safety across all public higher education institutions in Louisiana through workshops across the state.
“This grant will aid LSU as they work with educational institutions and law enforcement agencies throughout the state to improve school safety,” said David C. Joseph, U.S. Attorney for the Western District of Louisiana. “I am thankful to the Department of Justice and COPS for providing these resources.”
U.S. Attorney Fremin stated, “With the rising rates of academic violence, it is vital for law enforcement and school institutions to work together in pursuing effective counter-measures against these risks. This funding is a critical step in aiding LSU as they develop, refine, and improve school security and I applaud them for their proactive measures.”
“The announcement of Louisiana’s CPD Microgrants award highlights the commitment from the Department of Justice to afford our state the innovative programs they need to improve planning, information sharing and public higher education response capabilities, as well as to enhance public safety and combat crime,” said U.S. Attorney for the Eastern District of Louisiana, Peter G. Strasser.
“The CPD Microgrants Program is a critical resource to advance innovative community policing projects across the country,” said Director Keith. “These strategic investments from the COPS Office pay huge dividends to state and local law enforcement agencies and the communities that they serve.”
CPD Microgrants Program funds are used to develop the capacity of local, state, and tribal law enforcement agencies to implement community-policing strategies. Applicants were invited to propose demonstration or pilot projects to be implemented in their agency that offer creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing in one of the following areas:
- Human Trafficking
- Meeting Rural Law Enforcement Challenges
- Officer Safety and Wellness
- Recruitment, Hiring, and Retention
- School Safety
- Staffing and Allocation Studies
- Victim-Centered Approaches
- Violent Crime
- Youth Engagement
Funding through this program is available for the first time since 2018, following the successful removal of a nationwide injunction. These awards are being announced at a critical time for our country, when community-policing strategies are very much needed to improve police and community relations.
The complete list of awards can be found here. To learn more about CPD Microgrants, please visit https://cops.usdoj.gov/cpdmicrogrants. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Department of Justice Awards $2.2 Million for Innovative Community Policing ProjectsRead the Press Release
SHREVEPORT/LAFAYETTE/ALEXANDRIA/LAKE CHARLES/MONROE, La. – The Department of Justice has awarded $2.2 million in grant funding to law enforcement agencies and stakeholders through the Department’s Office of Community Oriented Policing Services (COPS Office) Community Policing Development (CPD) Microgrants Program. COPS Office Director Phil Keith announced 29 awards with award amounts ranging from $15,090 to $100,000.
On July 7, 2020, the Department of Justice announced that Louisiana State University Police Department was one of the 29 law enforcement recipients selected to receive a Community Policing Development Microgrant Program grant. LSU will use the $88,229 grant to address the issue of school safety with its project, “Statewide Approach to Higher Education School Safety in Louisiana.” The project will focus on building a comprehensive approach to school safety across all public higher education institutions in Louisiana through workshops across the state.
“This grant will aid LSU as they work with educational institutions and law enforcement agencies throughout the state to improve school safety,” said David C. Joseph, U.S. Attorney for the Western District of Louisiana. “I am thankful to the Department of Justice and COPS for providing these resources.”
U.S. Attorney Fremin stated, “With the rising rates of academic violence, it is vital for law enforcement and school institutions to work together in pursuing effective counter-measures against these risks. This funding is a critical step in aiding LSU as they develop, refine, and improve school security and I applaud them for their proactive measures.”
“The announcement of Louisiana’s CPD Microgrants award highlights the commitment from the Department of Justice to afford our state the innovative programs they need to improve planning, information sharing and public higher education response capabilities, as well as to enhance public safety and combat crime.” said U.S. Attorney for the Eastern District of Louisiana, Peter G. Strasser.
“The CPD Microgrants Program is a critical resource to advance innovative community policing projects across the country,” said Director Keith. “These strategic investments from the COPS Office pay huge dividends to state and local law enforcement agencies and the communities that they serve.”
CPD Microgrants Program funds are used to develop the capacity of local, state, and tribal law enforcement agencies to implement community policing strategies. Applicants were invited to propose demonstration or pilot projects to be implemented in their agency that offer creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing in one of the following areas:
- Human Trafficking
- Meeting Rural Law Enforcement Challenges
- Officer Safety and Wellness
- Recruitment, Hiring, and Retention
- School Safety
- Staffing and Allocation Studies
- Victim-Centered Approaches
- Violent Crime
- Youth Engagement
Funding through this program is available for the first time since 2018, following the successful removal of a nationwide injunction. These awards are being announced at a critical time for our country, when community policing strategies are very much needed to improve police and community relations.
The complete list of awards can be found here. To learn more about CPD Microgrants, please visit https://cops.usdoj.gov/cpdmicrogrants. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Department of Justice Antitrust Division to Host Workshop on Competition in the Licensing of Public Performance Rights in the Music IndustryRead the Press Release
The Department of Justice will hold a virtual public workshop on July 28th and 29th, 2020, to discuss competition in the licensing of public performance rights in the music industry. The workshop will provide a further venue for industry stakeholders to weigh in on the American Society of Composers, Authors, and Publishers (ASCAP) and Broadcast Music, Inc. (BMI) consent decrees and their implications for antitrust law enforcement and policy as we enter the third decade of the 21st Century and as music distribution continues to evolve through technological innovation.
A series of panels will discuss competition issues relating to the various types of public performance licenses currently offered in the marketplace, competition between performing rights organizations (PROs), such as ASCAP, BMI and GMR, and the licensing of music to end-users. Panelists will discuss whether or not certain terms of the ASCAP and BMI consent decrees should be modified, and whether the decrees are inhibiting innovative business models that may hurt consumers or artists. These panels will include executives PROs, songwriters, music publishers, music licenses, legal and economic experts, and other industry stakeholders.
The Department of Justice invited public comments from the public on these topics on June 5, 2019 and the comments can be found here. Interested parties may submit any further non-duplicative comments online now through July 22, 2020, at [email protected].
The workshop is free and open to the public and will be webcast from approximately 12:30 pm – 4 pm Eastern Time each day. A recording of the workshop will be available on the Division’s website. Registration information, an agenda, instructions on accessing the webcast, and a list of speakers will be available in the near future on the event webpage. Members of the press should email [email protected] to register.
Reasonable accommodations for people with disabilities are available upon request. If you need such an accommodation, please contact the Antitrust Division at [email protected]. Such requests should include a detailed description of the accommodations needed and a way to contact you if we need more information.
Darknet Vendor and Pharmacist Plead Guilty to Firebomb Attack PlotRead the Press Release
ALEXANDRIA, Va. – A Maryland Darknet vendor and a Nebraska pharmacist pleaded guilty today to charges related to a conspiracy to use explosives to firebomb and destroy a competitor pharmacy.
According to court documents, from August 2019 through April 2020, Hyrum T. Wilson, 41, of Auburn, Nebraska, illegally mailed over 19,000 dosage units of prescription medications, including opioids, from his pharmacy in Nebraska to the Maryland residence of co-conspirator William Anderson Burgamy IV, 32, of Hanover. Burgamy illegally sold prescription drugs through his Darknet vendor account to customers nationwide, including here in the Eastern District of Virginia, and claimed at one point that he made nearly $1 million total. Burgamy and Wilson laundered the proceeds of their scheme using Bitcoin cryptocurrency payments, wire transfers, and bundles of cash sent through the mail.
“Burgamy and Wilson carefully plotted a violent attack operation involving explosives, firearms, the Darknet, prescription opioid trafficking, cryptocurrency, and sophisticated money laundering,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Those potentially deadly plans were successfully thwarted during the early stages of the pandemic. This case highlights elements of EDVA’s national security, narcotics, cyber, financial, and violent crime work, all of which can only be performed with the tenacity and skilled investigative efforts demonstrated by our law enforcement partners.”
Given the profitability of the Darknet scheme, Wilson repeatedly hit limits, set by his distributor, on the amount of prescription drugs that he could obtain and provide to Burgamy. Consequently, Burgamy and Wilson developed an attack plot known as “Operation Firewood” to break into, steal the opiate supply of, and firebomb a competing pharmacy located in Auburn by using explosives. The goal of the attack plot was to destroy Wilson’s local competition, which Burgamy and Wilson believed would increase the volume of prescription drugs that Wilson’s pharmacy could obtain, thereby allowing Burgamy and Wilson’s drug trafficking operation to continue and expand.
“This investigation, conducted by the Hi-Tech Opioid Task Force and our partners, demonstrates the dedication and expertise of law enforcement to disrupt and dismantle violent attacks and illegal drug trafficking,” said James A. Dawson, Special Agent in Charge of the FBI Washington Field Office's Criminal Division. “Burgamy and Wilson put thousands of illegal opioids in the hands of people across the country and their brazen and violent plot could have had deadly consequences. The selling of illicit drugs on the Darknet will not be tolerated. No matter where these criminals try to hide, the FBI will work to bring them to justice and protect our communities.”
According to court documents, Burgamy told Wilson that he would never surrender to law enforcement, that if anyone showed up during the attack, he would “blast [his] [expletive] way out,” and that he would shoot bullets at anyone who attempted to confront or apprehend him, including the owner of the victim pharmacy. Prior to Burgamy’s arrest in April 2020, which uncovered and thwarted the firebombing plot, Burgamy and Wilson fully intended on the attack occurring after COVID-19 restrictions were lifted.
“The opioid epidemic that has resulted in overdoses and deaths is a national public health crisis,” said Mark S. McCormack, Special Agent in Charge of the FDA Office of Criminal Investigations, Metro Washington Field Office. “Criminals who contribute to that crisis through their illegal actions such as illicit opioid distribution, whether online, on the Darknet, or through conventional drug distribution methods, will be brought to justice. The FDA is fully committed to dismantling illegal prescription drug distribution networks that misuse the internet at the expense of public health and safety.”
Wilson created a “getaway” map and escape routes for Burgamy to use to help him evade law enforcement detection after the firebombing. Wilson instructed Burgamy to make the firebombing appear as though it was committed by a fictitious “pissed off husband” who learned about a fabricated affair involving the husband’s wife and a pharmacist from the victim pharmacy.
Burgamy assured Wilson that if anything happened to him, he would take care of Wilson’s “family and bills,” and Wilson agreed to safeguard Burgamy’s life insurance information in the event Burgamy was killed during the attack. Burgamy and Wilson also agreed that Burgamy and another individual would carry multiple firearms during the attack and use explosives, specifically Molotov cocktails enhanced with Styrofoam as a thickening agent, to burn the victim pharmacy down. Law enforcement located eight unsecured fully loaded firearms in Burgamy’s residence, including AR-15 assault rifles and numerous high capacity magazines.
Burgamy and Wilson each pleaded guilty to conspiracy to use explosives, conspiracy to distribute controlled substances, and money laundering. Burgamy, who also pleaded guilty to a firearms offense, and Wilson both face a maximum penalty of 20 years in prison on each count when sentenced on November 20. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; James A. Dawson, Special Agent in Charge of the FBI's Washington Field Office Criminal Division; Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service; Mark S. McCormack, Special Agent in Charge, FDA Office of Criminal Investigations, Metro Washington Field Office; and Jesse R. Fong, Special Agent in Charge for the DEA’s Washington Field Division, made the announcement after Senior U.S. District Judge T.S. Ellis III accepted the pleas. Assistant U.S. Attorney Raj Parekh is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-150 and Case No. 1:20-cr-151.
Convicted Felon, Caught with a Gun in Athens, Pleads GuiltyRead the Press Release
ATHENS, Ga. – A convicted felon caught with a stolen gun after authorities were tipped off about him being armed and selling drugs in Athens has pleaded guilty for his crime, said Charlie Peeler, the U.S. Attorney for the Middle District of Georgia.
John Willie Clarke, 34, of Athens, pleaded guilty to one count possession of a stolen firearm before U.S. District Judge C. Ashley Royal on Wednesday, July 8. Clarke faces a maximum sentence of ten years imprisonment, a maximum fine of $250,000 and three years supervised release. A sentencing date has not been scheduled. There is no parole in the federal system.
On December 3, 2019, the Athens-Clarke County Police Department received information that Clarke was located at the Bulldog Inn and was wanted on a probation warrant. The tipster stated that Clarke was armed with a large gun and sold narcotics, and also provided a description of the vehicle Clarke was traveling in as well as the tag information. Police learned that Clarke, who was a convicted felon, had left the Inn and was enroute to the Circle K convenience store on US Highway 29 North. There, police approached the described vehicle and observed Clarke in the front passenger seat with a gun magazine in his lap, loaded with 25 rounds of 9 mm ammunition. He was taken into custody on outstanding warrants. Inside the vehicle, police discovered a loaded 9 mm semi-automatic pistol and a stolen .380 semi-automatic pistol that Clarke admitted was purchased illegally. Plastic baggies and a methamphetamine pipe were also found inside the vehicle.
“We are working closely with our law enforcement partners across the Middle District of Georgia to identify and federally prosecute criminals caught with illegal firearms. Convicted felons with guns will be prosecuted, they will face prison time and there is no parole in the federal system,” said U.S. Attorney Charlie Peeler. “I want to thank the Athens-Clarke County Drug Task Force and the Athens-Clarke County Police Department for their work investigating this case, and their dedication to keeping citizens safe.”
This case is part of Project Safe Neighborhoods (PSN), 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.
The case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/archives/projectguardian.
The case was investigated by the Athens-Clarke County Drug Task Force and Athens-Clarke County Police Department. Assistant U.S. Attorney Kimberly Easterling is prosecuting cases arising from this investigation for the Government. 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.