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Friday 22 May 2020
Marijuana Distributor Charged with Sex Trafficking of a ChildRead the Press Release
An Oklahoma marijuana distributor made an initial appearance in federal court today for allegedly soliciting a woman to molest her 11-year-old child in exchange for help with living expenses, announced U.S. Attorney Trent Shores.
Thomas James Heiner, 55, of Langley, was charged by Criminal Complaint with sex trafficking of a child.
“The allegations in this Complaint are utterly reprehensible,” said U.S Attorney Trent Shores. “One of our most important missions at the United States Attorney’s Office is seeking justice for child victims who have been sexually exploited by adults. It is my intention to bring the full force of the law against this defendant. Moreover, we will argue for his detention while he awaits trial because we believe he poses a significant threat to children in our community and others. This child sex trafficking investigation and arrest are great examples of the important work being done by the FBI, Tulsa Police Department, and Homeland Security Investigations. When these law enforcement entities team up, Tulsans are most certainly safer and criminals are held accountable.”
During a routine traffic stop on May 16, 2020, a woman reported to the officer that on multiple occasions a man known as “Sasquatch” offered her cash payments, assistance on car payments, and a place to live if she would allow him to molest her daughter while the two adults had sex. According to court documents, “Sasquatch” told the woman that he had previously done the same with an ex-girlfriend and her daughter. The woman reported that the man lived in Langley, Oklahoma, and formerly in Utah. Later, authorities learned the suspect’s name was Thomas Heiner.
On May 17, Heiner allegedly called the woman again and asked her and her minor daughter to meet in a Tulsa hotel room to engage in sex acts. On May 19, at the direction of the FBI, the woman took part in several telephone calls with Heiner, which were observed and recorded by FBI and Tulsa Police Department personnel. According the court documents, Heiner discussed in detail how the two could groom the young girl and coerce her to take part in sex acts with them. Heiner is also alleged to have described how he previously molested a 7-year-old child on at least two occasions.
"The arrest of Thomas James Heiner demonstrates our ongoing commitment to apprehending those who prey on innocent children," said Melissa Godbold, Special Agent in Charge of the FBI Oklahoma City Division. "The alleged actions of Mr. Heiner are not only a violation of the law, but can cause irreparable harm to the mental and physical well-being of young victims. This kind of behavior cannot be tolerated."
“In law enforcement, we deal with reprehensible acts that decent, law abiding human beings could not possibly fathom,” said Tulsa Chief of Police Wendell Franklin. “This is another case which destroys the innocence of a child and touches the heart of every justice official involved in the investigation. Tulsa Police Department extends our heart to child victims who have endured abuse. May the work performed by our agency and our federal partners—the FBI, Homeland Security Investigations, and U.S. Attorney’s Office—be feared by any criminal looking to exploit our innocent children.”
A Complaint is a temporary charge alleging a violation of law. For the case to proceed to trial, the United States must present the charge to a federal Grand Jury within 30 days of the defendant’s initial appearance in federal court. Once a Grand Jury returns an Indictment, a defendant has a right to a jury trial at which the United States would have the burden of proving the defendant’s guilt beyond a reasonable doubt.
The FBI, Tulsa Police Department, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations are the investigative agencies. Assistant U.S. Attorneys Christopher J. Nassar and Edward Snow are prosecuting the case.
Every day, law enforcement and U.S. Attorneys’ Offices across our nation dedicate themselves to finding justice for missing and exploited children. On May 25, our country recognizes National Missing Children’s Day. President Ronald Reagan proclaimed May 25, 1983, the first National Missing Children’s Day in memory of 6-year-old Etan Patz, who disappeared while walking to his bus stop in lower Manhattan on May 25, 1979. National Missing Children’s Day honors his memory as well as those children still missing. Etan’s killer was convicted in February 2017 for the 1979 murder, but the case remains active with the National Center for Missing & Exploited Children because his body was never found.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that William Wade, 21, of Lincoln, Nebraska, was sentenced on May 22, 2020, to 120 months in prison by Chief United States District Judge John M. Gerrard for conspiracy to distribute methamphetamine. There is no parole in the federal system. Upon release from prison, Wade will serve five years of supervised release.
After getting out of prison in June of 2018, Wade began distributing dealer amounts of methamphetamine to a number of people in Lincoln over the course of the next year. At least six cooperating witnesses provided details about their having purchased or received methamphetamine from Wade in 2018 and 2019 in varying quantities. On June 25, 2019, a confidential informant working with Lincoln Police investigators bought 51 grams of pure or actual methamphetamine from Wade.
This case was investigated by the Lincoln/Lancaster County Narcotics Drug Task Force.
Lightfoot DTO Leader Pleads Guilty to Federal Narcotics ChargeRead the Press Release
PITTSBURGH, PA – A former resident of New Salem, PA, has pleaded guilty to a federal narcotics charge, United States Attorney Scott W. Brady announced today.
Devon Bell, age 27, pleaded guilty to one count of conspiracy to possess with the intent to distribute and distribute 500 grams or more of cocaine before Chief United States District Court Judge Mark R. Hornak. Judge Hornak scheduled sentencing for September 20, 2020 at 10:00 am. Bell has been detained since his initial appearance in federal court on April 25, 2018 and will continue to remain detained pending sentence.
According to information presented to the court, from January 2015 to November 2017, Devon Bell conspired with Jamie Lightfoot, Jr., Deaubre Lightfoot, and other members of the Lightfoot DTO in order to acquire large quantities of cocaine for distribution in and around Fayette County. Jamie Lightfoot, Jr. and Deaubre Lightfoot would deliver large quantities of cocaine to Bell at multiple locations in Fayette County, including his residence in New Salem, PA. Bell would then use his home and multiple other residences to re-package the cocaine and distribute it to other drug customers and co-conspirators in Fayette County and elsewhere.
The law provides for a mandatory minimum sentence of not less than five years in prison and a maximum of 40 years and/or a fine of not more than $5,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Timothy M. Lanni and Shaun Sweeney are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police, with assistance from the South Strabane Police Department, the Elizabeth Borough Police Department, the Penn Hills Police Department and the Perryopolis Police Department, conducted the investigation that led to the Indictment in this case.
This case is part of the Organized Crime Drug Enforcement Task Force program, known as OCDETF. OCDETF was established in 1982 to support comprehensive investigations and prosecutions of major drug trafficking and money laundering organizations. It is the keystone of the drug reduction strategy of the Department of Justice. By combining the resources and expertise of federal agencies and their state and local law enforcement partners, OCDETF identifies, disrupts, and dismantles the most serious drug trafficking, money laundering, and transnational criminal organizations.
Lexington Man Sentenced to 21 Months for Possession of Firearm by Convicted FelonRead the Press Release
LEXINGTON, Ky.- A Lexington man, Damien O. Porter, 21, was sentenced in federal court on Friday to 21 months in prison, by Chief U.S. District Judge Danny C. Reeves, for possessing a firearm as a convicted felon.
On May 12, 2019, officers with the Lexington Police Department responded to a theft call at a local business. While investigating, officers made contact with Damien Porter and located a loaded .9mm handgun Porter attempted to conceal. During his guilty plea, Porter admitted he had previously been convicted of a felony and was prohibited from possessing a firearm.
Under federal law, Porter must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for three years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; and Chief Lawrence Weathers, Lexington Police Department, jointly made the announcement.
The investigation was directed by the ATF and Lexington Police Department. The United States was represented by Assistant U.S. Attorney Cynthia T. Rieker.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
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. Click here for more information about Project Guardian.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Lexington Man Sentenced to 120 Months for Armed Drug TraffickingRead the Press Release
LEXINGTON, Ky. — Dejon Jasper, 27, of Lexington, was sentenced today, to 120 months in federal prison, by United States District Judge Danny C. Reeves, for possession with intent to distribute fentanyl and possession of a firearm in furtherance of a drug trafficking crime.
In November 2018, officers with the Lexington Police Department, initiated a traffic stop on a vehicle driven by Jasper. During the stop, Jasper was in possession of a stolen Smith and Wesson .40 caliber pistol, 28 grams of fentanyl, and 4 grams of cocaine. During his plea, Jasper admitted to possessing the narcotics for distribution and possessing the firearm in furtherance of his drug trafficking.
Under federal law, Jasper must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for five years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; R. Shawn Morrow, Special Agent in Charge of the ATF Louisville Field Division; and Lawrence Weathers, Chief of the Lexington Police Department, jointly made the announcement.
The ATF and the Lexington Police Department conducted the investigation. The United States was represented by Assistant United States Attorney Cynthia T. Rieker.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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. Click here for more information about Project Guardian.
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L.A. County Man Previously Convicted of Child Sex Abuse Pleads Guilty to Federal Child Pornography Possession ChargeRead the Press Release
LOS ANGELES – A Cudahy man who previously was convicted in state court of child sex abuse offenses has pleaded guilty in federal court to one count of possession of child pornography, the Justice Department announced today.
Jesse Beltran, 35, entered his guilty plea on Wednesday before United States District Judge Philip S. Gutierrez.
According to his plea agreement, Beltran was convicted in 2008 in Los Angeles Superior Court of two counts of committing lewd and lascivious acts on a child younger than 14 years of age. He was sentenced to eight years in California state prison for those offenses.
Beltran was on parole for that conviction in May 2019 when FBI agents executed a search warrant at his home and recovered a smartphone containing 256 images and 14 videos of child pornography.
The victims in the sexually explicit images and videos included prepubescent children, Beltran admitted in his plea agreement.
Judge Gutierrez scheduled an August 10 sentencing hearing, at which time Beltran will face a mandatory minimum sentence of 10 years in federal prison and a statutory maximum sentence of 20 years in federal prison.
The FBI investigated this matter.
This case is being prosecuted by Assistant United States Attorney Jeremiah M. Levine of the General Crimes Section.
Intersection of Domestic Violence and Guns in Utah: Using Federal Toolbox to Target Domestic Violence in UtahRead the Press Release
SALT LAKE CITY – Federal prosecutors and their law enforcement partners, concerned about how domestic violence disproportionately impacts Utah’s homicide rate, are targeting offenders who attempt to buy guns illegally and are prohibited under federal law from possessing them. In some years, more than half of Utah homicides have a connection to domestic violence.
Many of Utah’s domestic violence homicides involve firearms. Studies show that the presence of a gun in a domestic violence situation increases the risk of homicide. Prosecutors are also concerned about the impact of COVID-19 on domestic violence cases in Utah. COVID-19 presents a perfect storm of conditions for victims of domestic violence that requires concern and immediate action. What could be worse for a domestic violence victim than isolation with an abuser coupled with reduced access to shelter, resources, lawyers, advocates, and court proceedings?
In Utah, increased calls for police assistance with domestic violence incidents have been reported along the Wasatch Front during stay-at-home directives. In some areas around the country, police leaders are concerned that reported domestic violence crime is actually under reporting what is happening behind closed doors.
Last November, Attorney General William Barr launched Project Guardian with the goal of stopping violence before it starts. Federal prosecutors and law enforcement officers are using federal firearms laws as a “homicide prevention” tool in Utah. For example, under federal law those who are subject to a protective order or who have been convicted of a domestic violence misdemeanor are prohibited from possessing a gun. Tragedies happen when these restricted persons possess firearms, and in Utah, that tragedy too often involves a domestic violence homicide.
According to FBI statistics, 157,414 individuals with a misdemeanor crime of domestic violence conviction were denied firearms purchases between Nov. 30, 1998 and April 30, 2020. Another 65,032, subject to a protection or restraining order for domestic violence, were denied firearms purchases.
“Project Guardian – launched by Attorney General Barr – will get Utah law enforcement to the next level in fighting gun violence. Our intent is to spot the potential for violence, and address it before the violence occurs. If we can prevent even one domestic violence homicide, we are on our way to making a significant impact in Utah,” U.S. Attorney John W. Huber said today. “It’s the victims who motivate my partners and me to pursue these cases using federal law.”
U.S v Kelly
On April 13, 2020, several Emery County Sheriff’s Deputies responded to a possible domestic violence incident based on a report that Vincent Mac Kelly had destroyed part of the interior of a family member’s home and fired several rounds from a firearm into a trailer and in the front yard of his residence in Huntington, Utah.
According to federal charging documents, as the deputies approached the residence, Kelly ran into the trailer. While officers were trying to speak to him, Kelly opened the door and threw a knife at them. He later threw a revolver and a lemon at the officers. A live round of ammunition was in the revolver he threw at officers along with seven spent cartridge casings.
Kelly, according to the complaint, eventually came to the door and was taken into custody. Officers found five live.357 rounds of ammunition in his pocket. They also found drugs, large knives and speed loaders containing .357 ammunition in his trailer. Speed loaders are used to quickly reload revolvers with all the ammunition at once rather than one cartridge at a time.
The complaint charges Kelly, age 46, with possession of a firearm by a convicted felon and possession of a firearm and ammunition while subject to a protective order. He faces up to 10 years in federal prison for each count if he is convicted of the charges.
U.S. v King
James Albert King, age 71, of Magna, is charged with making a false statement during the acquisition of a firearm and possession of a firearm while subject to a protective order in a complaint filed Tuesday.
On Dec, 6, 2019, King went to Federal Firearms Licensee (FFL) store and selected a semi-automatic pistol (essentially an AR-15). According to a complaint filed in the case, as King filled out an ATF form to buy the gun, he answered “no” to the question asking if he was subject to a court order restraining him from harassing, stalking, or threatening your child or an intimate partner or child of such partner. Based on the information King provided, the FFL submitted the ATF form. A background check indicated that King was prohibited and the purchase should have been denied.
However, an employee at the business missed the denial indicator, and King was allowed to purchase the weapon for $1,037.09. A short time later, the FFL realized the purchase should have been denied. A manager made several calls to King to request he bring the firearm back to the store. In a conversation Dec. 13, 2019, King told the manager that he could not return the firearm because it had been stolen from his vehicle in a Walmart parking lot.
Agents with the Utah Department of Public Safety’s State Bureau of Investigation and FBI special agents took King into custody Thursday night. During the execution of a search warrant, agents recovered the semi-automatic weapon he purchased in December along with two other handguns. He was booked into jail on the federal warrant and two Class A protective order violations. ($25,000 bail set Friday morning by state judge).
Each of the two counts in the complaint, false statement during the acquisition of a firearm, and possession of a firearm while subject to a protective order, carry potential 10-year sentences.
US v Lowery
Shane Curtis Lowery, age 55, of Hurricane, was charged with possession of a firearm and ammunition by a person subject to a domestic violence protective order in a complaint filed in November. On Nov. 2, 2019, Hurricane Police Department officers responded to a report of a family fight. According to the complaint, witnesses told officers that Lowery had been seen leaving the property of his wife. Among other things, all four tires on her rental car had been punctured.
A district court judge in St. George issued a protective order for his wife in June 2019 that prohibits the defendant from being within 500 feet of his wife and her residence. It also prohibits him from trying to commit or threatening to commit any form of violence and prohibits him from possessing firearms or ammunition.
Officers located Lowery later on Nov. 2, 2019, in LaVerkin and placed him under arrest for the protective order violation and domestic violence related charges. Individuals approached the officers and told them Lowery had threatened to harm to his wife. They also told officers he had a firearm in his truck.
With a court-authorized search warrant, Lowery’s truck was searched and a Hi-Point 9mm handgun with a magazine containing eight bullets was located. Two additional magazines for the handgun and an additional box of ammunition were also located in the truck. The LaVerkin Police Department assisted with the case.
A federal grand jury returned an indictment charging Lowery in December 2019.
Lowery pleaded guilty to the charge and was sentenced to 13 months in federal prison and three years of supervised release on May 1, 2020.
US v Tatton
Sentencing is set for July 13, 2020, for David Lynn Tatton, age 50, of Nephi, who pleaded guilty in February to making a false statement during an attempted acquisition of a firearm. Tatton admitted that on Nov. 29, 2019, he made a false statement in an attempt to purchase two shotguns. As a part of the purchase process, Tatton indicated on an ATF form that he was not subject to a court order restraining him from harassing, stalking, or threatening an intimate partner – a statement he knew was false. The Utah State Bureau of Investigation is investigating the case.
US v Shaw
Daniel Wayne Shaw, age 37, of Tooele, is charged with making a false statement in an indictment returned Jan. 22, 2020. According to the indictment, in an attempt to buy a handgun, Shaw made a false statement on an ATF form. He falsely answered “no” to a question asking whether he had been convicted of a misdemeanor count of domestic violence in any court. The answer was untrue, the indictment alleges. A trial is set for June 16, 2020, in federal court in St. George. The trial date may be changed based on the coronavirus outbreak.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on May 21 was:
Amy Lillian Tamaska, 41, of Desert Hot Springs, CA, on charges of conspiracy to possess with intent to distribute methamphetamine and distribution of meth. If convicted of the most serious crime, Tamaska faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Tamaska was detained pending further proceedings. The FBI Transnational Organized Crime West Task Force investigated the case. Pacer case reference. 19-101.
Lisa Marie Fish, 38, of Worden, on charges of conspiracy to possess with intent to distribute meth, possession with intent to distribute meth and possession of a firearm in furtherance of drug trafficking. If convicted of the most serious crime, Fish faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. If convicted of the firearms crime, Fish faces a minimum mandatory five years to life consecutive to any other sentence. Fish was released pending further proceedings. The FBI Transnational Organized Crime West Task Force investigated the case. Pacer case reference. 19-101.
Appearing on a criminal complaint on May 21 was:
Johnathon Scott Cooper, 33, address unknown, on charges of possession of an unregistered silencer. If convicted of the most crime, Cooper faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Cooper was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Pacer case reference. 20-46.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Hollywood Film Producer Charged with $1.7 Million COVID-Relief FraudRead the Press Release
A California man has been charged with allegedly filing bank loan applications fraudulently seeking more than $1.7 million dollars in forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
William Sadleir, 66, of Beverly Hills, California, was charged in a federal criminal complaint filed in the Central District of California with wire fraud, bank fraud, false statements to a financial institution, and false statements to the SBA.
“This defendant allegedly used Paycheck Protection Program loans to pay off his personal credit card debts and other personal expenses, rather than using the funds for legitimate business needs,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “As the department has made clear, those who defraud the PPP to line their own pockets at the expense of the American people will be brought to justice.”
“This film producer allegedly made a series of misrepresentations to a bank and the Small Business Administration to illegally secure taxpayer money that he then used to fund his nearly empty personal bank account,” said U.S. Attorney Nick Hanna of the Central District of California. “The Paycheck Protection Program was implemented to help small businesses stay afloat during the financial crisis, and we will act swiftly against those who abuse the program for their own personal gain.”
“These funds were designed to be a lifeline to businesses struggling to stay afloat during the current crisis,” said Assistant Director in Charge Paul Delacourt of the FBI’s Los Angeles Field Office. “The FBI is committed to maintaining the integrity of the PPP and will hold accountable those who cheat the system at the expense of American taxpayers.”
“SBA OIG applauds due diligence by SBA’s lending partners to maintain the integrity of the lending programs,” said Special Agent in Charge Weston King of the SBA Office of Inspector General (SBA OIG) Western Region. “Providing false statements to gain access to SBA’s programs will be aggressively investigated by our office in partnership with our law enforcement counterparts. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and pursuit of justice.”
“Today’s charges hold the defendant responsible for his alleged actions to swindle money out of a federal program intended to help those in need during a pandemic crisis,” said Special Agent in Charge Wade V. Walters of the Federal Deposit Insurance Corporation Office of Inspector General (FDIC OIG). “When an individual cheats the Paycheck Protection Program out of money, it deprives hard-working Americans and deserving small businesses. The FDIC OIG is committed to working with our law enforcement partners to investigate financial crimes in order to preserve the integrity of the nation’s banking sector.”
According to court documents unsealed today in U.S. District Court in Los Angeles, Sadleir allegedly obtained over $1.7 million in forgivable loans guaranteed by the SBA by falsely representing that the funds would be used to support payroll expenses for three film production and distribution companies, when, in fact, Sadleir intended to use and did use a significant portion of the funds for personal and non-business-related expenses, including personal credit cards and a car loan. Sadleir allegedly used three entities he controlled to obtain over $1.7 million in PPP loans guaranteed by the SBA for COVID-19 relief.
The applications submitted to the lenders certified that the funds would be used for payroll expenses and other specific business-related expenses, such as utilities or rent payments. According to the complaint, these certifications were false. As soon as Sadleir obtained the funds, he allegedly transferred over half the money to a personal bank account and began using and attempting to use the funds to pay off personal credit card debts totaling more than $80,000 and a car loan totaling approximately $40,000, among other personal expenses.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small-businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1 percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within eight weeks of receipt and use at least 75 percent of the forgiven amount for payroll.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Trial Attorney Amanda R. Vaughn of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Alex Wyman for the Central District of California are prosecuting the case.
The Justice Department acknowledges and thanks the FBI, the SBA OIG, and the FDIC OIG for their efforts investigating this matter.
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 year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Hollywood Executive Arrested on Federal Fraud Charges that Allege He Pocketed Money from COVID-19 Relief ProgramRead the Press Release
LOS ANGELES – The recently ousted head of Aviron Pictures was arrested this morning on federal fraud charges that allege he applied for $1.7 million in loans under the Paycheck Protection Program (PPP), falsely certified that the money would be used to finance the operations of other Aviron entities, and then used some of the relief funds for his personal expenses.
William Sadleir, 66, of Beverly Hills, was taken into custody without incident by special agents with the FBI, the Small Business Administration’s Office of Inspector General (SBA OIG), and the Federal Deposit Insurance Corporation Office of Inspector General (FDIC OIG). Sadleir is expected to make his initial court appearance this afternoon in United States District Court in downtown Los Angeles.
Sadleir was arrested pursuant to a criminal complaint that accuses him of fraudulently filing bank loan applications that sought more than $1.7 million dollars in forgivable PPP loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Sadleir allegedly obtained the forgivable loans by falsely representing that the funds would be used to support payroll expenses, when, in fact, Sadleir intended to use and did use a significant portion of the funds for personal and non-business-related expenses
The complaint, which was filed Thursday and unsealed after his arrest today, charges Sadleir with wire fraud, bank fraud, making false statements to a financial institution, and making false statements to the Small Business Administration.
According to the affidavit in support of the complaint, Sadleir last month caused applications for PPP loans to be submitted to JPMorgan Chase on behalf of Aviron Group, LLC; Aviron Licensing, LLC; and Aviron Releasing, LLC dba Regatta. The bank approved the loans, and Sadleir received more than $1.7 million. “[I]mmediately upon receiving the funds a significant amount was diverted to Sadleir’s personal accounts and used for personal expenses,” the complaint alleges.
Sadleir was terminated from Aviron Pictures in late 2019, and people associated with the film production company told investigators that Sadleir currently had no role in Aviron Pictures or the related entities, according to the affidavit, which notes that Aviron Group, Aviron Licensing and Aviron Releasing are not engaged in any ongoing operations.
“This film producer allegedly made a series of misrepresentations to a bank and the Small Business Administration to illegally secure taxpayer money that he then used to fund his nearly empty personal bank account,” said United States Attorney Nick Hanna. “The Paycheck Protection Program was implemented to help small businesses stay afloat during the financial crisis, and we will act swiftly against those who abuse the program for their own personal gain.”
“This defendant allegedly used Paycheck Protection Program loans to pay off his personal credit card debts and other personal expenses, rather than using the funds for legitimate business needs,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “As the department has made clear, those who defraud the PPP to line their own pockets at the expense of the American people will be brought to justice.”
“These funds were designed to be a lifeline to businesses struggling to stay afloat during the current crisis,” said Paul Delacourt, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “The FBI is committed to maintaining the integrity of the PPP and will hold accountable those who cheat the system at the expense of American taxpayers.”
Authorities have linked Sadleir to the three PPP loan applications made on behalf of the three Aviron entities. All three applications claimed each company had 33 employees and monthly payroll expenses of well over $200,000. On April 30, JPMorgan Chase approved the loan applications, and the next day money was wired to nearly empty JPMorgan Chase bank accounts associated with the three entities.
Within days, nearly $1 million of the PPP loan money was transferred into Sadleir’s personal account at JPMorgan Chase, the affidavit alleges. Investigators have determined that some of this money was used to pay personal expenses, including payments to Sadleir’s and his wife’s American Express cards. One payment allegedly made with PPP loan proceeds – a $40,000 payment on Sadleir’s car loan – was reversed and JPChase Morgan froze the accounts associated with the alleged scheme.
The CARES Act, which was enacted on March 29, was designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. Last month, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1 percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within eight weeks of receipt and use at least 75 percent of the forgiven amount for payroll.
“SBA OIG applauds due diligence by SBA’s lending partners to maintain the integrity of the lending programs,” said Special Agent in Charge Weston King of the SBA OIG Western Region. “Providing false statements to gain access to SBA’s programs will be aggressively investigated by our office in partnership with our law enforcement counterparts. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and pursuit of justice.”
“Today’s charges hold the defendant responsible for his alleged actions to swindle money out of a federal program intended to help those in need during a pandemic crisis,” said FDIC OIG Special Agent in Charge Wade V. Walters. “When an individual cheats the Paycheck Protection Program out of money, it deprives hard-working Americans and deserving small businesses. The FDIC OIG is committed to working with our law enforcement partners to investigate financial crimes in order to preserve the integrity of the nation’s banking sector.”
A complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The four charges alleged in the criminal complaint collectively carry a maximum statutory penalty of 82 years in federal prison.
The case against Sadleir is being investigated by the FBI, the SBA’s Office of Inspector General, and the Federal Deposit Insurance Corporation Office of Inspector General.
This case is being prosecuted by Assistant United States Attorney Alex Wyman of the Major Frauds Section and Justice Department Trial Attorney Amanda R. Vaughn of the Criminal Division’s Fraud Section.
Sadleir’s arrest this morning was also pursuant to a separate criminal complaint filed by federal prosecutors in New York. That complaint charges Sadleir with engaging in multiple fraudulent schemes relating to investments in Aviron Pictures and its affiliated entities. The United States Securities and Exchange Commission today announced a civil lawsuit related to the New York criminal case.
Anyone with information about allegations of fraud related to 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.
Four Metro Denver Men Arrested and Charged Following Smash and Grab Burglary of Arvada Gun StoreRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that four defendants have been charged and arrested in connection with a smash and grab burglary at the Eagles Nest Armory, a gun store in Arvada. The defendants were charged with conspiracy to receive, possess, conceal, store, or sell, a stolen firearm. They appeared before a U.S. Magistrate Judge yesterday afternoon where they were advised of their rights and the charges pending against them. The ATF as well as the Arvada and Denver Police Departments joined in today’s announcement.
According to the affidavit in support of the criminal complaint, on April 28, 2020, Daniel Esquivel, Tristan Molinar, and two other individuals drove to the Eagles Nest Armory, arriving at 3:45 a.m. in a black Mitsubishi SUV to steal firearms. The defendants forced entry through the back door of the store and stole twenty-one firearms in less than five minutes before fleeing the scene. Daniel Esquivel then enlisted the help of Norberto Valdez-Esquivel and Víctor Valdez-Esquivel to sell some of the stolen firearms.
Ultimately, a law enforcement agent working in an undercover capacity was able to purchase three of the stolen firearms from Norberto Valdez-Esquivel, Victor Valdez-Esquivel, and Daniel Esquivel. The stolen weapons were being stored in the back of a box truck outside Norberto Valdez-Esquivel’s Denver residence. Daniel Esquivel, Norberto Valdez-Esquivel, and Víctor Valdez-Esquivel shared in the profits from the sale.
On May 19, 2020, search warrants were executed, and two more firearms that had been stolen from the Eagles Nest were located within the box truck outside Norberto Valdez-Esquivel’s Denver residence. Daniel Esquivel, Tristan Molinar, Norberto Valdez-Esquivel, and Víctor Valdez-Esquivel were then arrested.
If convicted, the defendants face not more than 5 years in federal prison, and up to a $250,000 fine.
This case was investigated by the ATF with substantial support from the Arvada and Denver Police Departments. The defendants are being prosecuted by Assistant U.S. Attorney Thomas Minser.
A criminal complaint is a probable cause charging document. Anyone charged by complaint has a Constitutional right to be indicted by a federal grand jury. The charges contained in the criminal complaint are allegations, and the defendants are presumed innocent unless and until proven guilty.
Former Chairman and CEO of Movie Production Company Arrested on Fraud ChargesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of a Complaint in Manhattan federal court charging WILLIAM SADLEIR, the former chairman and chief executive officer of Aviron Pictures, LLC, a movie production and distribution company based in Los Angeles, California, with engaging in multiple fraudulent schemes relating to investments made by a New York-based investment fund (the “Fund”) in Aviron Pictures, LLC and its affiliated entities (collectively, “Aviron”).
SADLEIR is expected to be presented later today before U.S. Magistrate Judge Alexander F. MacKinnon in Los Angeles federal court.
United States Attorney Geoffrey S. Berman said: “As alleged, William Sadleir orchestrated a massive fraud, embezzling approximately $14 million of investor funds from his film company to pay for a Beverly Hills estate, among other fraudulent acts. Thanks to the dedicated work of our law enforcement partners at the FBI, Sadleir will be held accountable for his behind-the-scenes misdeeds.”
FBI Assistant Director William F. Sweeney Jr. said: “William Sadlier, the chairman and CEO of Aviron Pictures, is charged today for his alleged role in a nearly $30 million fraud scheme. He allegedly even went so far as to pose as a female employee of the sham New-York based company he created to further his illegal activity. Today’s arrest serves as a reminder of the FBI’s dedication to holding people accountable for egregious financial crimes of this nature.”
According to the allegations contained in the Complaint[1] unsealed today in Manhattan federal court:
The Fund is a publicly traded, closed-end investment fund. Shares in the Fund trade on the New York Stock Exchange. As of in or about December 2019, the Fund had approximately $649.1 million in assets.
WILLIAM SADLEIR was the chairman and chief executive officer of Aviron, and oversaw its operations from in or about 2015 until in or about December 2019. Aviron participated in the distribution of a number of films in the United States, including My All American (2015), Kidnap (2017), The Strangers: Prey at Night (2018), A Private War (2018), Destination Wedding (2018), Serenity (2019), and After (2019).
SADLEIR engaged in two fraudulent schemes relating to an approximately $75 million investment made by the Fund in Aviron.
In one of the schemes (the “Advertising Scheme”), SADLEIR misappropriated millions of dollars in funds from Aviron that had been invested in Aviron by the Fund. SADLEIR represented to the Fund that this money had been invested by Aviron in pre-paid media credits with the advertising placement company MediaCom Worldwide, LLC (“MediaCom”), which is a subsidiary of the advertising and media agency GroupM Worldwide Inc. (“GroupM Worldwide”). Instead, SADLEIR, using the bank account for a sham entity he had created, illicitly transferred out of Aviron over $25 million of those funds. Specifically, SADLEIR created a sham New York-based company called GroupM Media Services, LLC (the “Sham GroupM LLC”) designed to appear as if it was the legitimate entity, GroupM Worldwide, and a corresponding bank account in the name of that sham entity. SADLEIR then used a significant portion of those illicitly transferred funds for his personal benefit, including to purchase a private residence in Beverly Hills for approximately $14 million. SADLEIR then falsely represented to the Fund that Aviron had purchased an approximately $27 million balance in pre-paid media credits with MediaCom that were available to promote future Aviron films, and pledged a portion of those credits to the Fund as collateral for additional loans, when in fact the claimed credits did not exist due to SADLEIR’s misappropriation. As part of these false representations, SADLEIR also created a fake identity of a purported New York-based female employee of the Sham GroupM LLC named “Amanda Stevens” who corresponded with a representative of the Fund, ensuring the Fund that Aviron had an approximately $27 million balance in pre-paid media credits with the Sham GroupM LLC. In fact, SADLEIR himself posed as Amanda Stevens when engaging in email exchanges with a representative from the Fund.
In the other scheme (the “UCC Scheme”), SADLEIR engineered the illicit and fraudulent sale and refinancing of assets worth an estimated $3 million that secured the Fund’s loans to Aviron. The Fund had secured its investment in Aviron by, among other means, obtaining UCC liens in 2017 and 2018 on certain intellectual property and other assets relating to Aviron’s films. In 2019, SADLEIR used the forged signature of one of the Fund’s portfolio managers on releases to remove the Fund’s UCC liens on certain of these secured assets in order to sell or refinance them without the Fund’s consent, thus depriving the Fund of its collateral on outstanding loans, loans on which Aviron ultimately defaulted.
* * *
SADLEIR, 66, of Beverly Hills, California, was charged in the Complaint with two counts of wire fraud and one count of aggravated identity theft. The wire fraud charges each carry a maximum prison term of 20 years. The aggravated identify theft charge carries a mandatory sentence of two years in prison.
The maximum and minimum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentence will be determined by the judge.
Mr. Berman praised the investigative work of the FBI. Mr. Berman also thanked the SEC Division of Enforcement, which brought a separate civil action.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Jared Lenow is in charge of the prosecution.
Today’s charges are just the latest in a string of prosecutions by this Office – unrelated to today’s – of individuals either in the entertainment industry or victimizing individuals or entities in the entertainment industry, or both. The Office successfully prosecuted former radio host Craig Carton, musician Daniel Hernandez (aka “Tekashi 6ix 9ine”), musician and actor Earl Simmons (aka “DMX”), hacker Christian Erazo (for theft of intellectual property from recording artists), and fraudster concert impresario William McFarland. The Office also has pending charges against Behzad Mesri, an Iranian national who had previously hacked computer systems for the Iranian military (for allegedly infiltrating HBO’s systems and stealing proprietary data, including scripts and plot summaries for unaired “Game of Thrones” episodes), and against nine leaders, members, and associates of the Tehran-based Mabna Institute (for a massive hacking campaign that allegedly included among its victims two major U.S. media and entertainment companies).
The allegations contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the descriptions of the Indictment constitute only allegations, and every fact described should be treated as an allegation.
Florida Man and South Carolina Man Indicted for String of Interstate ATM ArsonsRead the Press Release
Tampa, FL – United States Attorney Maria Chapa Lopez announces the return of an eight-count indictment charging Mawdo Malick Sallah (33, Clearwater, FL) and Kirk Douglas Johnson (34, Anderson, SC) with one count of conspiring to commit arson, three counts of arson, two counts of using a fire or explosive to commit a federal felony, and two counts of bank larceny. If convicted on all counts, Sallah and Johnson each face a maximum penalty of life in federal prison. The indictment also notifies the defendants that the United States intends to forfeit any funds traceable to proceeds of the offenses.
According to court documents, between November 2019 and March 2020, Sallah and Johnson used fires and explosives in an effort to steal cash from four ATMs. Three of the ATMs were located in the Tampa Bay area and the fourth was in Watkinsville, Georgia. The pair was able to retrieve cash from two of the ATMs, taking a total of nearly $70,000.
“ATF is responsible for enforcing the criminal laws pertaining to explosives and arson,” said ATF Special Agent in Charge Daryl McCrary. “These types of violent crimes destroy property and negatively impact communities.”
“This investigation is proof of the strength and tenacity of the FBI and its law enforcement partners in eliminating such brazen acts of violence which threaten the communities we serve,” said Special Agent in Charge of the FBI Tampa Division Michael F. McPherson.
“The Hillsborough County Sheriff's Office will never tolerate someone making our community feel unsafe while doing a simple act such as going to the ATM,” said Hillsborough County Sheriff Chad Chronister. “The actions of these individuals could have led to innocent people being seriously hurt or killed. They were thinking solely of their gain and not the dangerous impact it would have on others. These arrests are an example of the strength of our partnerships. Multiple agencies worked hand-in-hand to ensure these individuals were off the street, and our communities are all safer because of this teamwork.”
“The Pinellas County Sheriff’s Office is pleased with the grand jury’s work to return an indictment against Sallah and Johnson for the ATM explosions,” said Sheriff Bob Gualtieri. “This was made possible due to good investigative work and a coordinated effort between multiple agencies. It is partnerships like these that allow us to work together to protect our communities and put the bad guys where they belong.”
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Pinellas County Sheriff’s Office, the Hillsborough County Sheriff’s Office, the Anderson County Sheriff’s Office (South Carolina), the Jefferson City Police Department (Georgia), the Oconee County Sheriff’s Office (Georgia), the Athens Safe Streets Task Force (Georgia), and the Jackson County Sheriff’s Office (Georgia). Assistant United States Attorney Gregory T. Nolan is prosecuting the case.
This case is being brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Federal Grand Jury Conducted in CasperRead the Press Release
A federal grand jury for the District of Wyoming met in Casper from May 19th -22nd for a third session in 2020. Thirty-one cases were presented and forty-one people were indicted on crimes ranging from federal firearms offenses, drug trafficking, child exploitation, illegal re-entry of a previously deported alien, carjacking, sexual assault, assault by strangulation, counterfeiting, tax evasion, escape from custody, and assaulting law enforcement officers.
The District of Wyoming convenes a federal grand jury every two months to consider criminal charges contained in proposed indictments for cases that have been investigated by local, state, tribal, and federal law enforcement. The grand jury may also investigate possible criminal activity through testimony of witnesses and obtaining records. The grand jury is comprised of 23 citizens from all over Wyoming who serve for a term of up to eighteen months.
The proceedings and deliberations of the grand jury are kept secret as provided by law. The United States Attorney’s Office presents evidence to the members of the grand jury who then deliberate to determine if the accused should stand trial for alleged crimes.
Grand jurors do not decide guilt or innocence, but merely evaluate the evidence to determine whether there is probable cause to believe a crime has been committed and that the accused person committed it. If the jury finds the charges should proceed against the accused, it returns what is referred to as a “true bill” approving the proposed indictment. Upon return of an indictment, the accused person is typically arrested, if not already in custody, and brought promptly before a federal judge for arraignment. At this stage, the accused person is advised of the charges and requested to enter a plea of not guilty or guilty. The federal judge will also advise the accused person of his or her rights, and, if necessary, set a trial date.
An indictment is an allegation of violation of federal criminal law, and the accused has the presumption of innocence and the right to a public and speedy trial.
Evans man indicted for possession of child pornographyRead the Press Release
AUGUSTA, GA: An Evans man has been indicted for possessing child pornography during a virtual session of the U.S. District Court grand jury necessitated by precautions due to the COVID-19 pandemic.
Oludare Oluwabusi, 43, of Evans, was indicted on one count of Possession of Child Pornography, a charge that carries a possible sentence of up to 20 years in federal prison, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. There is no parole in the federal system.
During a recent detention hearing, Oluwabusi appeared by video before U.S. District Court Magistrate Judge Brian K. Epps, who agreed to the prosecutor’s motion for Oluwabusi to remain in federal custody after hearing an FBI agent’s graphic description of child pornography found on at least three devices seized from Oluwabusi’s Riverwood Plantation home.
Oluwabusi was taken into custody in April after FBI agents searched his residence based on a cyber tip from the National Center for Missing and Exploited Children.
“Working with our federal, state and local law enforcement partners, we will continue to aggressively pursue those who would take advantage of our most vulnerable citizens – no matter whether that victimization occurs through a cyber connection or face-to-face,” said U.S. Attorney Christine.
“Even though we have had to make many adjustments during the COVID-19 pandemic, our commitment to pursue anyone who violates our laws and harms any of our citizens, particularly children, has not changed,” said Chris Hacker, Special Agent in Charge of FBI Atlanta.
Criminal indictments contain only charges. Defendants are considered innocent unless and until proven guilty.
The FBI is investigating the case, which is being prosecuted for the United States by Assistant U.S. Attorney and Project Safe Childhood Coordinator Tara M. Lyons.
Duxbury Man Pleads Guilty to Child Pornography ChargeRead the Press Release
BOSTON – A Duxbury man pleaded guilty today to a child pornography offense.
Louis Ackerman Jr., 46, pleaded guilty during a videoconference hearing to possession of child pornography. U.S. District Court Chief Judge F. Dennis Saylor IV scheduled sentencing for Sept. 21, 2020. Ackerman was arrested and charged in November 2019.
On Nov. 15, 2019, federal agents executed a federal search warrant at Ackerman Jr.’s home and located an iMac computer and two hard drives belonging to him. An onsite forensic review revealed images and videos of child pornography on that computer. From under Ackerman Jr.’s bed, agents also recovered DVDs and printed material, which depicted child pornography. Further review of the computer and other materials seized from the residence revealed approximately 295 videos of child pornography and approximately 322 images of child pornography, including prepubescent minors under the age of 12.
The charging statute provides for a sentence of up to 20 years in prison, a minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Plymouth County District Attorney Timothy J. Cruz; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Field Division; Barnstable Police Chief Matthew Sonnabend; and Duxbury Police Chief Stephen McDonald made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Department of Justice Files Statement of Interest Challenging the Legality of Illinois Governor's Sweeping COVID-19 OrdersRead the Press Release
The Department of Justice today filed a statement of interest in an Illinois federal court in support of a lawsuit filed by Illinois state representative Darren Bailey challenging certain actions of Governor J.B. Pritzker in response to the COVID-19 pandemic.
The Statement of Interest is part of Attorney General William P. Barr’s April 27, 2020 initiative directing Assistant Attorney General Eric Dreiband for the Civil Rights Division, and the U.S. Attorney for the Eastern District of Michigan, Matthew Schneider, to review state and local policies to ensure that civil liberties are protected during the COVID-19 pandemic.
In response to the COVID-19 pandemic, the Governor of Illinois has, over the past two months, sought to rely on authority under the Illinois Emergency Management Agency Act to impose sweeping limitations on nearly all aspects of life for citizens of Illinois, significantly impairing in some instances their ability to maintain their economic livelihoods. According to the lawsuit, the Governor’s actions are not authorized by state law, as they extend beyond the 30-day time period imposed by the Illinois legislature for the Governor’s exercise of emergency powers granted under the Act.
Representative Bailey brought his case in Illinois state court and elected only to assert state law claims. On May 15, the presiding state court judge ordered Bailey to file his motion for summary judgment by May 18 and instructed the Governor to respond to it by May 21. A hearing on the motion for summary judgment was scheduled to take place in state court today. Yesterday, however, instead of responding to Bailey’s motion for summary judgment, the Governor removed the case to federal district court.
“The Governor of Illinois owes it to the people of Illinois to allow his state’s courts to adjudicate the question of whether Illinois law authorizes orders he issued to respond to COVID-19,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The United States Constitution and state constitutions established a system of divided and limited governmental power, and they did so to secure the blessings of liberty to all people in our country. Under our system, all public officials, including governors, must comply with the law, especially during times of crisis. The Department of Justice remains committed to defending the rule of law and the American people at all times, especially during this difficult time as we deal with COVID-19 pandemic.”
“However well-intentioned they may be, the executive orders appear to reach far beyond the scope of the 30-day emergency authority granted to the Governor under Illinois law,” said Steven D. Weinhoeft, the U.S. Attorney for the Southern District of Illinois. “Even during times of crisis, executive actions undertaken in the name of public safety must be lawful. And while the people of Illinois must be physically protected from the effects of this public health crisis, including by complying with CDC guidelines their constitutionally guaranteed rights and liberties must be safeguarded as well.”
In its statement of interest, the United States explains that this dispute belongs in Illinois state court, and that Representative Bailey has raised substantial questions as to whether the Governor’s current response to COVID-19 is lawful. Although the complaint does not raise any federal constitutional claims, the statement explains, “It is up to the Illinois courts to rule on Plaintiff’s claims, which, because of the sweeping nature of the Orders, may affect millions of lives and raise significant constitutional concerns in other litigation.” Even in the face of a pandemic, states must comply with their own laws in making these sensitive policy choices in a manner responsive to the people and, in doing so, both respect and serve the goals of our broader federal structure, including the guarantee of due process in the U.S. Constitution.
The federal case is Bailey v. Pritzker, No. 3:20-cv-474.
Crime Spree Leads to Eight Years in Federal Prison for Waterloo ManRead the Press Release
A Waterloo man who went on a crime spree as a teenager in February 2018, was sentenced today to eight years in federal prison. Griffin Riley Davis, age 20, received the prison term after a December 2, 2019 guilty plea to one count of possession of a firearm by a drug user.
At the guilty plea and sentencing hearings, Davis admitted that on January 21, 2018, when he was 18 years old, he was stopped for speeding in Black Hawk County, Iowa, and officers found an unloaded semiautomatic rifle with a high capacity magazine in his trunk at that time. Then, on February 5, 2018, and February 6, 2018, officers responded to shots fired incidents in Dysart and Waterloo, Iowa, respectively. Each incident involved residential homes in which people, including minors, were present. Officers found spent .40 caliber shell casings at each crime scene. On February 12, 2018, Davis was recorded in a phone call stating he was going to shoot a minor “and fan down everyone in her car.”
On February 20, 2018, officers stopped a car in Waterloo and saw Davis in the backseat. Officers smelled marijuana in the car and later found Davis hiding under a blanket. In the car, officers also found more than 40 grams of marijuana, a digital scale, and a loaded .40 caliber semiautomatic pistol. The pistol was recently stolen from a residence in Grundy County, Iowa. Later ballistics testing confirmed that the .40 caliber firearm was the same firearm that discharged at the residences in Dysart and Waterloo earlier that month.
Davis was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Davis was sentenced to 96 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
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.
Davis 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 Attorneys Tim Vavricek and Justin Lightfoot, and investigated by the Federal Bureau of Investigation and the Waterloo Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-2045.
Follow us on Twitter @USAO_NDIA.
Chicago Man Arrested for Allegedly Selling Fentanyl-Laced HeroinRead the Press Release
CHICAGO — A Chicago man has been arrested on a federal complaint charging him with selling fentanyl-laced heroin on the city’s Southwest Side.
CHARLES KINDRED, 33, sold approximately 2.4 grams of the fentanyl-laced heroin during a meeting last month in a retail store parking lot in Chicago’s Ashburn neighborhood, according to a criminal complaint and affidavit filed in federal court. Unbeknownst to Kindred, the buyer was cooperating with law enforcement, who conducted surveillance on the transaction, the complaint states.
The complaint charges Kindred with one count of distribution of a controlled substance. Kindred was arrested Thursday morning and made an initial appearance in federal court Thursday afternoon. A detention hearing is set for May 26, 2020, at 8:45 a.m., before U.S. District Judge Matthew F. Kennelly.
The arrest and complaint were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Robert J. Bell, Special Agent-in-Charge of the Chicago Field Division of the U.S. Drug Enforcement Administration. The Oak Lawn Police Department provided valuable assistance. The government is represented by Assistant U.S. Attorney Shy Jackson.
The federal investigation remains ongoing.
The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The drug distribution charge is punishable by a maximum sentence of 20 years in federal prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
California woman sentenced for meth trafficking in the Flathead ValleyRead the Press Release
MISSOULA—A California woman who admitted bringing methamphetamine to the Flathead Valley for distribution after officers found more than 10 pounds of the drug in her vehicle was sentenced today to six years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Kristal Patricia Leonard, 34, of Huntington Beach, CA, pleaded guilty in February to possession with intent to distribute meth.
U.S. District Judge Dana L. Christensen presided.
The prosecution said in court documents that on Sept. 19, 2019 near Lolo, during an undercover surveillance operation, Montana Highway Patrol officers searched a vehicle Leonard had been driving and recovered heroin and more than 10 pounds of meth. Ten pounds of meth is the equivalent of 36,240 doses. In addition, the Kalispell Police Department served a search warrant on Leonard's residence and recovered firearms, meth, a digital scale and paraphernalia. A confidential informant told law enforcement that Leonard distributed large amounts of meth in Lake and Flathead counties and would make one to two trips per months to pick up meth for re-distribution in Montana. The informant personally distributed meth for Leonard.
Assistant U.S. Attorney Tara Elliott prosecuted the case, which was investigated by the Northwest Drug Task Force and Homeland Security Investigations.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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California Parent Charged and Agrees to Plead Guilty in College Admissions CaseRead the Press Release
BOSTON – A California man has been charged and will plead guilty to using fraud and bribery to facilitate his child’s acceptance to Georgetown University.
Peter Dameris, 60, of Pacific Palisades, Calif., will plead guilty to one count of conspiracy to commit mail fraud and honest services mail fraud. A plea hearing has not yet been scheduled by the Court.
According to the terms of Dameris’ plea agreement, the government will recommend a sentence of time served, 21 months of home confinement, a fine of $95,000 and restitution. Dameris is the 25th parent to plead guilty in this case.
As set forth in the charging documents, Dameris agreed with William “Rick” Singer to pay an amount, ultimately totaling $300,000, to Singer’s purported charity, the Key Worldwide Foundation (“KWF”), knowing that the money would be used to facilitate Dameris’s son’s purported recruitment to Georgetown University as a tennis player, even though he did not play tennis competitively. Singer previously pleaded guilty and is cooperating with the government’s investigation.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of conspiracy to commit mail fraud and honest services mail fraud provides for a sentence of up to 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
The details contained in the court documents are allegations and the remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. The Department of Education, Office of Inspector General provided assistance with the investigation. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, Kristen A. Kearney, Stephen E. Frank and Karin M. Bell of Lelling’s Securities and Financial Fraud Unit are prosecuting the cases.
Bristol Man Charged with Gun and Drug OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that NEVILLE WALTERS, 32, of Bristol, was arrested today on a criminal complaint charging him with gun and drug offenses.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Walters was presented in court via videoconference. U.S. Magistrate Judge Thomas O. Farrish ordered Walters detained pending a detention hearing that is scheduled for May 26.
As alleged in the criminal complaint, in the early morning hours of April 4, 2020, Bristol Police received reports of gunshots being fired in the area of Davis Drive. Analysis of security video from a nearby residence revealed that the shots were fired from a light-colored Cadillac as it approached the intersection of Davis Drive and Jerome Avenue. Seven .40 caliber shell casings were recovered from the scene. Later that morning, officers responded to a report of a disturbance at Walters’ residence on Prospect Street and observed a beige Cadillac with other features matching the description of the car that was involved in the shooting incident. Walters departed the residence before officers could question him.
It is also alleged that, in the early evening of April 4, Farmington Police were called to local gas station on a report of a burning vehicle. Responding officers stopped Walters and an associate as they walked away from the gas station. Walters was arrested on state charges after officers recovered a loaded .40 caliber handgun and a small amount of marijuana on the ground nearby.
It is further alleged that, after Walters’ state arrest and while he was released on bond, Walters posted on his Instagram page multiple images of him in possession of firearms. On May 12, 2020, Bristol Police executed a state search warrant at Walters’ residence and seized two handguns, a high-capacity magazine, marijuana, items used to process and package drugs for street sale, and other items. Investigators also seized $2,827 from Walters’ person. Walters was arrested on state charges and was again released on bond.
The affidavit alleges that law enforcement received a report that, on approximately May 14, 2020, Walters brandished a firearm during an argument outside of his residence.
It is alleged that Walters’ criminal history includes multiple convictions for felony offenses.
The complaint charges Walters with possession of firearms by a convicted felon, an offense that carries a maximum term of imprisonment of 10 years, and possession with intent to distribute controlled substances, an offense that carries a maximum term of imprisonment of 20 years.
U.S. Attorney Durham stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Bristol Police Department and the Farmington Police Department. The case is being prosecuted by Assistant U.S. Attorney Margaret Donovan.
Arizona Man Pleads Guilty to Transporting Fentanyl Through KC to New YorkRead the Press Release
KANSAS CITY, Mo. – A Nogales, Arizona, man pleaded guilty in federal court today to his role in a conspiracy to transport large amounts of fentanyl through Kansas City, Missouri, en route to New York City aboard passenger busses.
Alejandro Rocha, also known as Alejandro Teran, 21, pleaded guilty before U.S. District Judge Greg Kays to participating in a conspiracy to distribute fentanyl.
By pleading guilty today, Rocha admitted that, on two separate occasions, he attempted to transport more than three kilograms of fentanyl through Kansas City en route to New York City.
Rocha admitted that he gave more than three kilograms of fentanyl to his girlfriend, Esmeralda Castro, 21, of Perris, California, to carry aboard a bus to New York City. Three fentanyl bricks were placed in a false compartment inside a rolling bag. Castro, who has also pleaded guilty, was arrested at a Kansas City bus station on May 8, 2017, after a police service canine alerted to the bag.
Rocha also admitted that he gave another person 3.6 kilograms of fentanyl to carry aboard a bus from Denver, Colorado, to New York City. However, the bag became separated from the courier at some point on the bus trip. The bag arrived unaccompanied at a Kansas City bus station, where it was intercepted by police.
Under federal statutes, Rocha is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of up to 40 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney D. Michael Green. It was investigated by the Drug Enforcement Administration and the Kansas City, Mo., Police Department.
Thursday 21 May 2020
Wethersfield Man Charged with Trafficking FentanylRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, today announced that a federal grand jury in New Haven returned an indictment yesterday charging FABIO VARGAS-GONZALEZ, 44, of Wethersfield, with trafficking fentanyl.
As alleged in court documents, the DEA’s Hartford Task Force developed information that Vargas-Gonzalez was involved in narcotics trafficking activities in the Hartford area. On March 11, 2020, investigators conducted surveillance of Vargas-Gonzalez as he drove a minivan from Connecticut to New Jersey and then back to Connecticut. In Danbury, investigators stopped Vargas-Gonzalez’s minivan for a motor vehicle violation and, after Vargas-Gonzalez consented to a search, found approximately two kilograms of fentanyl hidden in the minivan’s spare tire compartment.
The indictment charges Vargas-Gonzalez with one count of possession with intent to distribute 400 grams or more of fentanyl, an offense that carries a mandatory minimum term of imprisonment of 10 years a maximum term of imprisonment of life.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Vargas-Gonzalez, who was originally charged by criminal complaint, is currently released on a $175,000 bond.
The DEA’s Hartford Task Force includes personnel from the DEA Hartford Resident Office and the Bristol, Hartford, East Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments.
This case is being prosecuted by Assistant U.S. Attorney Geoffrey M. Stone.
Washington Co. Woman Pleads Guilty in Conspiracy to Transport Fentanyl and Heroin from Central PA to Western PA for DistributionRead the Press Release
PITTSBURGH, PA - A resident of Washington County, Pennsylvania, pleaded guilty in federal court to a charge of violating the federal narcotics laws, United States Attorney Scott W. Brady announced today.
Breanna M. Bane, age 27, of Fredericktown, Pennsylvania, pleaded guilty yesterday o one count of conspiring to possess with intent to distribute and distribute 400 grams or more of a mixture and substance containing a detectable amount of fentanyl and heroin before Senior United States District Judge Joy Flowers Conti.
In connection with the guilty plea, Ms. Bane admitted that in and around March 2019, and continuing through May of 2019, she conspired with Harvey G. Hicks, Matthew L. Pearson, and with other persons both known and unknown, to possess with intent to distribute and distribute 400 grams or more of a mixture and substance containing a detectable amount of fentanyl and heroin. The Court was advised that in March, April, and May 2019, agents with the Federal Bureau of Investigation and the Pennsylvania State Police surveilled Ms. Bane and her alleged co-conspirators travel from the Western District of Pennsylvania to areas in and around Harrisburg and Hershey, Pennsylvania, where they met with source(s) of supply of fentanyl and heroin, which they trafficked to the Western District of Pennsylvania for redistribution. The Court was advised that on May 1, 2019, agents followed Ms. Bane and her alleged co-conspirators from Hershey, Pennsylvania, to the Monroeville area, at which time agents recovered approximately 625 "bricks" of heroin and fentanyl (which is more than 31,000 individual dosage units) following a search of vehicles and residences associated with Ms. Bane and her alleged co-conspirators. In connection with the plea, Ms. Bane admitted that these narcotics were intended for further distribution in the Western District of Pennsylvania.
Senior Judge Conti scheduled sentencing for September 9, 2020, at 1:30 p.m. The law provides for a total sentence of not less than 10 years to a maximum of life in prison, a fine not to exceed $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Jerome A. Moschetta is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police Drug Law Enforcement Division conducted the investigation that led to the prosecution of Ms. Bane.
U.S. Attorney William M. McSwain Announces Charges and Guilty Plea of Former Philadelphia Judge of Elections Who Committed Election FraudRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced today that Domenick J. DeMuro, 73, of Philadelphia, PA, a former Judge of Elections for the 39th Ward, 36th Division in South Philadelphia, has been charged and has pled guilty to a two-count Information charging (1) conspiracy to deprive Philadelphia voters of their civil rights by fraudulently stuffing the ballot boxes for specific Democratic candidates in the 2014, 2015, and 2016 primary elections, and (2) a violation of the Travel Act, which forbids the use of any facility in interstate commerce (here, a cell phone) with the intent to promote certain illegal activity (here, bribery). U.S. Attorney McSwain’s video statement providing additional details about this case is available on the Office website here: https://www.justice.gov/usao-edpa/video/united-states-attorney-william-m-mcswain-announces-guilty-plea-former-philadelphia.
The Judge of Elections is an elective office and a paid position. In that role, DeMuro was responsible for overseeing the entire election process and voter activities of his Division. The Judge of Elections is charged with overseeing the Division’s polling place in accordance with federal and state election laws and is required to attend Election Board Training conducted by the Philadelphia City Commissioners.
The voting machines at each polling station, including DeMuro’s station, generate records in the form of a printed receipt documenting the use of each voting machine. The printed receipt, also known as the “results receipt,” shows the vote totals, and the Judge of Elections and other Election Board Officials at each polling place attest to the accuracy of machine results.
During his guilty plea hearing, DeMuro admitted that an unnamed political consultant gave DeMuro directions and paid him money to illegally add votes for certain Democratic candidates. These candidates were individuals running for judicial office whose campaigns had hired the consultant, as well as other candidates for various federal, state, and local elective offices who were preferred by this consultant for a variety of reasons.
The political consultant would solicit monetary payments from his clients in the form of cash or checks as “consulting fees,” and then use portions of these funds to pay Election Board Officials, including DeMuro, in return for tampering with the election results. After receiving payments ranging from between $300 to $5,000 per election from the consultant, DeMuro would add fraudulent votes on the voting machine – also known as “ringing up” votes – for the consultant’s clients and preferred candidates, thereby diluting and distorting the ballots cast by actual voters. DeMuro would add these fraudulent votes to the totals during Election Day, and then would later falsely certify that the voting machine results were accurate.
“DeMuro fraudulently stuffed the ballot box by literally standing in a voting booth and voting over and over, as fast as he could, while he thought the coast was clear. This is utterly reprehensible conduct. The charges announced today do not erase what he did, but they do ensure that he is held to account for those actions,” said U.S. Attorney McSwain. “Voting is the cornerstone of our democracy. If even one vote is fraudulently rung up, the integrity of that election is compromised. I want the public to know that this investigation is active and ongoing, and my Office is taking every possible step that we can to ensure the integrity of the upcoming primary and general elections in the nine counties of the Eastern District of Pennsylvania.”
“This defendant abused his office by engaging in election fraud for profit,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “Today’s conviction makes it clear that the Department of Justice will do all in its power to protect the integrity of elections and maintain public confidence in all levels of elected government.”
“Domenick DeMuro put a thumb on the scale for certain candidates, in exchange for bribes,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “As public trust in the electoral process is vital, the FBI’s message today is clear: election interference of any kind, by hostile foreign actors or dishonest local officials, won’t be tolerated. This is an active, ongoing investigation and we're asking anyone with information on election fraud to contact the FBI.”
“The citizenry of the City of Philadelphia, as well as this Commonwealth and these United States, needs to be confident in the integrity of our elections,” said Captain Leo Hannon, Director of the Pennsylvania State Police, Special Investigations Division. As this investigation clearly illustrates, the Pennsylvania State Police will relentlessly pursue any breach of the sacred trust bestowed upon our public officials. Our agency is proud to partner with the Federal Bureau of Investigation, the United States Attorney’s Office, and the United States Department of Justice as a whole to root out corruption at any level of our government. Matters of public corruption and public integrity have been, and shall remain, a top priority of the Pennsylvania State Police.”
This case is being investigated by the Federal Bureau of Investigation, with assistance from the Pennsylvania State Police. It is being prosecuted by Assistant United States Attorney Eric L. Gibson and Richard C. Pilger, U.S. Department of Justice, Director of Elections Crimes Branch, Criminal Division, Public Integrity Section.
U.S. Attorney J. Douglas Overbey Announces $57,554 Award to Address Covid-19 Pandemic in TennesseeRead the Press Release
Knoxville, Tenn. – U.S. Attorney J. Douglas Overbey of the Eastern District of Tennessee today announced that Hamilton County received $57,554 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The grant is available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. Other jurisdictions can determine if they are eligible for funds and may apply immediately by visiting this website. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.
“As this country continues to fight COVID-19, our office remains committed to deterring, investigating, and prosecuting those who seek to take advantage of the COVID-19 pandemic. This funding will help many of the communities struggling in these trying times and provide some much-needed relief to our district,” said U.S. Attorney Overbey.
“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”
The law gives jurisdictions considerable latitude using these funds for dealing with COVID-19. Potential uses include hiring personnel, paying overtime, purchasing protective equipment, distributing resources to hard-hit areas and addressing inmates’ medical needs.
Agencies eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for the emergency funding. Local units of government and tribes will receive direct awards separately according to their jurisdictions’ allocations.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
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Two Southern California Men Sentenced to over 13 Years Combined in Federal Prison for Drug TraffickingRead the Press Release
Fort Smith, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas, announced that Stephen Mark Cox, age 57, of Beverly Hills, California, was sentenced on May 14, 2020 to 120 months in federal prison followed by five years of supervised release on one count of Possession with Intent to Distribute more than 5 Kilograms of Cocaine and Scott Samuel Green, age 40, of Los Angeles, California, was sentenced on May 20, 2020 to 46 months in federal prison followed by three years of supervised release on one count of Conspiracy to Possess with Intent to Distribute Cocaine. The Honorable Judge P. K. Holmes III presided over the sentencing hearings in the United States District Court in Fort Smith.
On April 17, 2019, an Arkansas State Trooper was on duty and working on Interstate 40 in Crawford County, Arkansas. The Trooper observed a white SUV commit a traffic offense and initiated a traffic stop. The Trooper made contact with Green (the driver) and Cox (the passenger) and proceeded to interview them. After the interview and receiving consent to search the vehicle, the Trooper searched the vehicle and located approximately 17 kilograms of suspected cocaine. The suspected cocaine field tested positive for cocaine.
Cox and Green were indicted by a federal grand jury in May 2019 and entered guilty pleas in December 2019.
This case was investigated by the Arkansas State Police and the Drug Enforcement Administration. Assistant United States Attorneys Candace Taylor and Aaron Jennen prosecuted the case for the Western District of Arkansas.
Toledo man indicted for distribution of child pornography and exploitation of a minorRead the Press Release
The U.S. Attorney’s Office for the Northern District of Ohio announced today that a federal grand jury returned a two-count indictment charging Thomas Daniel Johnson, age 34, of Toledo with sexual exploitation of a minor and receipt and distribution of child pornography.
According to the criminal complaint filed in the matter, the defendant was believed to have been engaged in the distribution of online child pornography and was attempting to facilitate sexual encounters with a minor who occasionally stayed at his residence. On November 22, 2019, federal investigators and members of the Child Exploitation and Human Trafficking Taskforce executed a search warrant at the defendant’s residence. During the search, law enforcement seized several electronic devices that were later discovered to contain large amounts of child pornography.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.
The investigation was conducted by the FBI and the Toledo Police Department, as part of a state-federal task force on child exploitation. This case is being prosecuted by Assistant United States Attorney Tracey B. Tangeman.
Three Wheeling residents and a Columbus man admit to their roles in a drug distribution operationRead the Press Release
WHEELING, WEST VIRGINIA – Four people have admitted to drug distribution in the Wheeling area, U.S. Attorney Bill Powell announced.
Kayla Lallathin, also known as “Cat,” of Wheeling, pled guilty to one count of “Conspiracy to Distribute and Possess with the Intent to Distribute Controlled Substances” and one count of “Aiding and Abetting the Distribution of Methamphetamine within 1000 feet of a Protected Location.” Lallathin, age 29, admitted to conspiring with others to sell crack cocaine, methamphetamine, heroin, and fentanyl from September 2018 to June 2019 in Ohio County. She also admitted to selling methamphetamine near Luau Manor in Ohio County in March 2019.
Duane Green, also known as “Rick,” of Columbus, Ohio, pled guilty today to one count of “Aiding and Abetting the Distribution of Methamphetamine within 1000 feet of a Protected Location.” Green, age 34, admitted to selling methamphetamine near Luau Manor in Ohio County in April 2019.
Charles Cesar Ansley, Jr., also known as “Mike,” of Wheeling, pled guilty to one count of “Aiding and Abetting the Distribution of Methamphetamine within 1000 feet of a Protected Location.” Ansley, age 40, admitted to selling methamphetamine near Luau Manor in Ohio County in March 2019.
Audie Fry, also known as “Ott,” of Wheeling, pled guilty to one count of “Aiding and Abetting the Distribution of Methamphetamine within 1000 feet of a Protected Location.” Fry, age 63, admitted to selling methamphetamine near Luau Manor in Ohio County in April 2019.
Lallathin faces up to 20 years incarceration and a fine of up to $1,000,000 for the conspiracy charge. Lallathin, Green, Cesar, and Fry each face at least one and up to 40 years incarceration and a fine of up to $2,000,000 for the aiding and a abetting charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Shawn M. Adkins is prosecuting the cases on behalf of the government. The Ohio Valley Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Texas Woman Pleads Guilty to Narcotics and Money Laundering Conspiracy Charges for Opioid Pill Mill that Shipped Drugs InterstateRead the Press Release
LOS ANGELES – A Texas woman who helped lead an interstate narcotics trafficking ring pleaded guilty today to federal criminal charges arising out of an opioid buy-back scheme in which a doctor at a Los Angeles clinic prescribed opioids to putative patients that the clinic bought back and sold on the black market in California and Texas.
Angela Gillespie-Shelton, a.k.a. “Boss Lady” and “Angotti”, 54, of Houston, pleaded guilty to one count of conspiracy to distribute controlled substances and one count of conspiracy to engage in money laundering.
According to her plea agreement, from October 2012 to January 2015, Gillespie-Shelton and her co-conspirators ran Southfork Medical Clinic, located in the Harvard Heights neighborhood of Los Angeles. At the time, Gillespie-Shelton primarily was based in Texas, but she frequently traveled to California.
At the clinic, Gillespie-Shelton’s co-conspirator – Dr. Madhu Garg, 69, of Glendora – saw “patients” and regularly prescribed them narcotics. The drugs included oxycodone and hydrocodone (commonly sold under the brand names Vicodin, Norco and Lortab), alprazolam (best known by the brand name Xanax), carisoprodol (a muscle relaxant sold under the brand name Soma) and promethazine with codeine (a cough syrup sold on the street as “purple drank” and “sizzurp”). After the “patients” filled the prescriptions, Gillespie-Shelton and her co-conspirators bought the drugs from their “patients” and shipped them to Texas, where they were sold on the black market. Gillespie-Shelton’s co-conspirators also stole a physician’s identity to issue falsified prescriptions to obtain additional narcotics.
In Texas, Gillespie-Shelton used two pharmacies that she controlled as a front to sell the drugs shipped from Southfork on the black market. Under Gillespie-Shelton’s control, the pharmacies in Texas also filled false or fraudulent prescriptions and received kickbacks from the fake prescriptions.
Gillespie-Shelton also laundered more than $1 million from the diversion schemes through numerous accounts. She used some of the money to further the narcotics trafficking conspiracy, which included paying rent for the Southfork Clinic and a stash house in Los Angeles, as well as paying Garg more than $200,000 for writing the illegal prescriptions.
Garg pleaded guilty in February 2016 to illegally distributing oxycodone and money laundering, and she served an 18-month prison sentence.
United States District Judge John A. Kronstadt has scheduled an October 1 sentencing hearing, at which time Gillespie-Shelton will face a statutory maximum sentence of 40 years in federal prison.
The case against Gillespie-Shelton was investigated by the Drug Enforcement Administration, IRS Criminal Investigation, the Los Angeles Police Department, the Los Angeles County Sheriff’s Department, the California Department of Justice, and the Texas Department of Public Safety. This investigation was conducted with the support of the Organized Crime Drug Enforcement Task Force.
The prosecution of Gillespie-Shelton is being handled by Assistant United States Attorney Chelsea Norell of the International Narcotics, Money Laundering, and Racketeering Section.
Ten Indicted following Greater Pittsburgh Safe Streets Task Force Investigation into Drug Trafficking in Pittsburgh and BeyondRead the Press Release
PITTSBURGH, PA – Ten residents of Allegheny County, Pennsylvania, have been charged in three separate, but related, Indictments with violations of the federal narcotics and firearms laws, following a months-long investigation into narcotics trafficking in the City of Pittsburgh and greater Allegheny County region, United States Attorney Scott W. Brady announced today. The Indictments, returned on May 19, are related to the narcotics trafficking activities of several associates of a neighborhood street gang known as "11 Hunnit" operating in the Hill District neighborhood of Pittsburgh and beyond.
The first Indictment charges the following individuals with conspiring to distribute and to possess with intent to distribute 28 grams or more of cocaine base (in the form commonly known as "crack") in the Western District of Pennsylvania, from in and around January 2020, and continuing thereafter until in and around May 2020:
• Phillip Robinson (aka "Pape"), age 30, of Pittsburgh, PA;
• Joseph Clancy, age 46, of Pittsburgh, PA;
• Tyree Campbell, age 29, of Pittsburgh, PA;
• Tracy Bullock, age 51, of McKees Rocks, PA; and
• Sanzio Williams, age 31, of Pitcairn, PA.
The second Indictment charges the following individuals with conspiring to distribute and to possess with intent to distribute a quantity of heroin in the Western District of Pennsylvania from in and around February 2020, and continuing thereafter until March 2020:
• Andre Moore-Coleman (aka "Drizz"), age 31, of Pittsburgh, PA;
• James Bryant Jr., age 52, of McKees Rocks, PA.
This Indictment additionally charges James Bryant Jr. with possession of a firearm and ammunition by a convicted felon on May 13, 2020.
The third Indictment charges the following individuals with conspiring to distribute and to possess with intent to distribute 28 grams or more of crack cocaine in the Western District of Pennsylvania, from in and around December 2019, and continuing thereafter until January 2020:
• Ronald Lewis III, age 32, of Turtle Creek, PA;
• Victor Simmons, age 24, of Pittsburgh, PA;
• Derek Calloway, age 26, of Pittsburgh, PA.
This Indictment additionally charges Ronald Lewis, III and Derek Calloway with one count each of possession of a firearm and ammunition by a convicted felon on May 13, 2020.
With respect to Defendants Robinson, Clancy, Campbell, Bullock, Williams, Lewis III, Simmons, and Calloway, each of whom is charged with conspiring to distribute and possess with intent to distribute 28 grams or more of crack cocaine, the law provides for a maximum total sentence of not less than five years and up to 40 years of imprisonment, a fine up to $5,000,000, or both. With respect to Defendants Moore-Coleman and Bryant Jr., both of whom are charged with conspiring to distribute and possess with intent to distribute a quantity of heroin, the law provides for a maximum sentence of not more than 20 years imprisonment, a fine not to exceed $1,000,000 or both. With respect to the firearms/ammunition charges for Defendants Brant and Calloway, the law provides for a maximum today sentenced of not more than 10 years and a fine of not to exceed 250,000 or both. For Defendant Lewis III, the law provides for a sentence of not less than 15 years’ to life imprisonment, and a fine of not to exceed 250,000 or both. Under the Federal Sentencing Guidelines, the actual sentences imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendants.
Assistant United States Attorney Jerome A. Moschetta is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Pittsburgh Bureau of Police (Bureau of Narcotics Investigations) led the multi-agency investigation that also included the Allegheny County Sheriff’s Office and the Pennsylvania Office of the Attorney General.
This Greater Pittsburgh Safe Streets Task Force investigation was funded by the federal Organized Crime Drug Enforcement Task Force program, known as OCDETF. OCDETF was established in 1982 to support comprehensive investigations and prosecutions of major drug trafficking and money laundering organizations. It is the keystone of the drug reduction strategy of the Department of Justice. By combining the resources and expertise of federal agencies and their state and local law enforcement partners, OCDETF identifies, disrupts, and dismantles the most serious drug trafficking, money laundering, and transnational criminal organizations.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Sumter County Man Indicted for Distributing MethamphetamineRead the Press Release
Ocala, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Brent O’Neal McCray (36, Coleman) with five counts of distributing methamphetamine. If convicted on all counts, McCray faces a minimum mandatory penalty of 10 years, and up to life, in federal prison.
According to court documents, on five separate occasions during February and March 2020, McCray sold approximately 7 ounces of methamphetamine to a confidential informant and an undercover officer. Surveillance images captured by the undercover officer showed McCray selling the drugs from a rental vehicle. On at least one occasion, McCray had small children inside the vehicle during the drug sale.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration and the Sumter County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Michael P. Felicetta.
Statement of United States Attorney Trent Shores, Northern District of Oklahoma, Before the President’s Commission on Law Enforcement and the Administration of JusticeRead the Press Release
Chairman Keith, Vice Chair Sullivan, and Members of the Commission,
Thank you for the opportunity to testify today about law enforcement and the administration of justice in Indian Country. It is truly an honor to be here, not only as a United States Attorney, but also as a citizen of the Choctaw Nation of Oklahoma.
First, please know that my testimony today was shaped by my experiences over the past 18 years working with law enforcement officers, justice officials, and tribal leaders to address public safety challenges in Indian Country. I began my legal career at the Justice Department’s Office of Tribal Justice where I worked on a variety of criminal and civil law issues impacting individual Native Americans and federally recognized tribes, including state-tribal cross-deputation agreements, domestic violence intervention, and juvenile justice. Then, I served for more than a decade as a career federal prosecutor and tribal liaison in northern and eastern Oklahoma, where I had even more direct experience with the very real public safety challenges in Indian Country. I worked side by side with the Cherokee Nation Marshals Service, the Muscogee (Creek) Lighthorse, the Osage Tribal Police, the Bureau of Indian Affairs Office of Justice Services, and many others to investigate and prosecute violent crimes in Indian Country. Sadly, many of the public safety challenges in Indian Country that I saw early in my career persist today, especially violence against women and children and violence driven by substance abuse. I do not think these challenges are insurmountable, but I do believe we must collectively take action to address them – federal, state, and tribal partners working through collaborative law enforcement models to achieve a common mission to protect and serve our communities.
Today, I am honored to serve as the Chair of the Native American Issues Subcommittee, which is the oldest subcommittee of the Attorney General’s Advisory Committee and is vital to the department’s mission in Indian Country to build and sustain safe and secure communities for future generations.
The NAIS is currently made up of 52 U.S. Attorneys from across the United States whose Districts contain Indian Country or one or more federally recognized tribes. The NAIS focuses exclusively on Indian Country issues, both criminal and civil, and is responsible for making policy recommendations to the Attorney General of the United States regarding public safety and legal issues that affect tribal communities. To that end, this NAIS has continued the tradition of those who came before us by working diligently to develop public safety solutions for Indian Country.
We reviewed and considered the Department of Justice’s various approaches to improving public safety in Indian Country. We found that public safety challenges persisted despite the considerable effort and resources the department has committed to upholding the federal trust responsibility. To address those challenges, the Subcommittee identified four priority areas to improve public safety in Indian country: (1) Violent Crime; (2) Drug Trafficking and Substance Abuse; (3) Law Enforcement Resources; (4) White Collar Crimes.
The NAIS recommended specific policies to address each priority. The Attorney General’s Advisory Committee unanimously adopted and supported these recommended policies. Department of Justice personnel already are pursuing and implementing some of those policies.
NAIS and the Department have worked quickly because the problem is urgent. Year after year, I have seen violent crime and substance abuse continue to occur at higher rates in Indian country than anywhere else in the United States. This is. In order to improve public safety for Native Americans, we must take swift and bold action, and we must do so in partnership with tribal leaders and law enforcement officials who know their local community best. When comparing Indian country to similarly situated rural communities, it is clear that there are not enough police officers nor victim resources to adequately cover the needs of Indian Country. In my experience, police officers are vital to deterring crime, helping victims, and maintaining rule of law. Unless and until the Bureau of Indian Affairs and tribal police departments are more fully staffed, public safety challenges will persist. Additionally, we need better law enforcement training that will provide necessary techniques and resources to officers that respond to all crimes in Indian country, including cases of domestic violence and missing or murdered indigenous people.
There is no one-size-fits-all solution problems in Indian country. In the United States, there are 574 federally recognized Tribes. Each Tribe is unique in its governmental structure, cultural heritage, and law enforcement needs. Any solution must fit the local conditions of the tribe and include collaboration between tribal, state, and federal agencies.
Take my District as an example. There are 39 federally recognized tribes in Oklahoma, and 14 of those are in the Northern District. We have large tribes like the Cherokee Nation and Muscogee (Creek) Nation and smaller tribes such as the Pawnee, Miami, and Delaware Tribes. Each of these tribes have unique public safety needs and varied resources to address them. My team of Assistant United States Attorneys prosecutes a diverse array of violent crimes and encounters complex jurisdictional situations that require multijurisdictional cooperation between federal, state, and tribal entities to pursue justice for many victims. Based on my experience, I believe collaborative law enforcement models work best, especially for resource-challenged police departments in rural areas and in Indian Country.
Of course, collaborative law enforcement requires individuals on the ground to collaborate. This is not always the case throughout Indian country. There is occasional friction between some state and local officials with tribal officials. This friction sometimes harkens back to historical injustices. Other times, the friction is the result of more recent relational failures. That being said, it has been my experience in Oklahoma that when the men and women of law enforcement sit down in a room together – be they tribal, local, or state officers – they find a common bond born out of a common mission. Regardless of whom they work for, each and every member of the law enforcement joins because they believe selfless and courageous individuals must serve to keep their communities safe. Out of this common bond, comes productive partnerships. I know it is possible to forge great working relationship between tribal and local law enforcement where there previously had been none.
The Cherokee Nation Marshals Service, for example, now has more than 60 cross deputation agreements with state and local law enforcement agencies in northeastern Oklahoma. And the Wyandotte Nation Tribal Police contracted with the small community of Wyandotte, Oklahoma to provide dispatch and law enforcement services to the non-Indian community. The Tulsa Police Department now cross-deputizes its officers with area tribes to ensure seamless policing if and when crimes implicate different jurisdictions. These are the epitome of collaborative law enforcement partnerships among tribal, state, and local law enforcement, and the result is more comprehensive and better resourced law enforcement services. Collaborative law enforcement models should be a common and model practice throughout Indian country.
Indian Country Jurisdictional and Federal Law Enforcement Framework
Obstacles facing law enforcement in Indian Country begin with the extremely complex jurisdictional framework. Tribes always retain criminal jurisdiction over Indians within their lands. In the majority of Indian country jurisdiction the Federal government also exercises criminal jurisdiction over serious felonies. In some states, such as Alaska and California, Public Law 83-280 transfers Federal Indian country criminal jurisdiction to the state. In addition, there are unique stand-alone statutes that provide for jurisdiction over Indian country by the state and federal governments. Many of my esteemed panelists speaking here today come from jurisdictions in which the state has criminal jurisdiction in Indian county, and they are better positioned to describe criminal jurisdiction in a PL 280 state. For the remainder of my testimony, I want to focus on the most common Indian Country jurisdictional scheme that involves the federal government serving as the primary violent crime prosecutor. The United States Attorney is the chief federal law enforcement officer in his or her district.
The U.S. Attorneys’ Offices with Indian country in their districts play a primary role in the Justice Department’s interactions with tribes. U.S. Attorneys’ Offices often are the central point of contact when federal involvement on reservations is necessary, from investigations to prosecutions to providing services to victims. Every U.S Attorney’s Office in a district that includes Indian country or a federally-recognized tribe has at least one Tribal Liaison and some districts have more than one. Along with the requirement that each relevant office appoint a Tribal Liaison, the U.S. Attorneys are required to hold annual consultations with tribes in their districts. In order to assist the U.S. Attorney’s Offices and the NAIS, as well as to serve as a liaison to other department components, the Executive Office for U.S. Attorneys (EOUSA) formally established the position of Native American Issues Coordinator. The primary responsibility for the investigation of federal crimes committed in Indian Country in states not covered by PL 83-280 (for instance, South Dakota, North Dakota, and Arizona) lies with the Federal Bureau of Investigation (FBI) and the Department of Interior, Bureau of Indian Affairs, Office of Justice Services (BIA OJS). These agencies have investigative responsibility for most felony crimes committed on approximately 200 Indian reservations. Currently, there are approximately 140 FBI Special Agents and 142 BIA Agents working in Indian Country—about 1.4 agent per reservation. These agents often serve as one of a very small number of federal agents investigating crimes on multiple reservations that are commonly separated by great distances. This reality means that federal agents depend on tribal law enforcement to serve as first responders and assist in the investigation of crime occurring in Indian Country.
Need for Enhanced Law Enforcement Resources
Law Enforcement resources are scarce in Indian Country. This very real lack of resources has led to tragic outcomes and complications for victims seeking justice. These types of cases and situations are all too common in Indian Country. We must improve our federal efforts to meet the needs of officers handling these difficult cases. We must give them the resources necessary to investigate and prosecute criminals while also helping them give a voice to victims.
The most important need to address crime in Indian country is boots on the ground. Federal law enforcement agencies lack the agents necessary to address the needs of tribal communities. Their tribal law enforcement counterparts are also too few in number, especially when stacked against comparable non-Indian communities. Public safety in Indian Country would be significantly enhanced by having local law enforcement staffed at levels comparable to similarly situated communities off-reservation. The Indian Country staffing issues facing FBI and BIA-OJS lead to regular personnel changes, which negatively impact criminal investigations and prosecutions. BIA-OJS law enforcement and funds for tribal law enforcement are insufficient, and the problem is amplified by severe recruiting and retention challenges that, especially for BIA, leave their force well below the appropriated level. Communication challenges between the FBI, BIA-OJS, and tribal law enforcement can exacerbate these and other problems. Funding streams, employee screening, incentives, and other alternatives must be considered and administered effectively to enhance federal investigative and prosecutorial capacity in Indian Country.
Following President Trump’s example, the NAIS supports bold ideas, and we need bold ideas to meet the daunting needs of Indian country. From day one of his Administration, President Trump has championed the improvement of resources, public health, and public safety in rural America, including Indian Country. He has demonstrated a willingness to make bold moves that correct historical inefficiencies or bureaucratic disorganization that frustrate the delivery of a core government service to the public. As such, the NAIS looked at the Department of Justice’s and Department of Interior Bureau of Indian Affairs’ public safety roles in Indian Country. While some of the ideas are still being formed, I would appreciate the opportunity to get your thoughts when we move to the Q and A portion of the panel.
Improvements to Training are Essential
Indian Country presents unique challenges for all law enforcement working with tribal communities. Federal law enforcement must investigate crimes in Indian Country, such as felony assaults, that few who work in the agency outside of Indian Country ever investigate. They must deal with the complex jurisdictional framework discussed above. They also need to understand the cultures of the particular tribes with whom they work before entering and working with tribal communities.
To address this problem, the FBI and BIA OJS developed a joint training course that is held in Artesia, New Mexico. This training is jointly taught by FBI and BIA “mentors” and includes instruction in forensic evidence collection and preparatory instruction on investigations common to Indian country, such as domestic violence, child abuse, violent crimes, and drug trafficking. This course is held several times each year. Although this is an excellent initiative, we still see difficulties in getting FBI agents new to Indian country into this training before they begin their service in Indian country. Often, these agents work in Indian Country for three years only to transfer to another office. Insufficient training and a shifting personnel assignments lead to a breakdown in tribal and federal relationships and can negatively impact investigation and prosecutions.
The problem is more acute among tribal officers. When it comes to training for tribal law enforcement, the need in Indian country is great and constant. There is very little room for specialization when it comes to working violent crime on reservations and personnel turnover is typically high. First responders have to be skilled at crime identification, rendering first aid, evidence collection, conducting trauma informed victim interviews, eliciting pertinent information from witnesses and interrogating the suspect. These skills must be employed in every type of crime from misdemeanor trespass to the most heinous of rapes and murders. Frequently, the first responder is the first and only law enforcement official at the scene doing his or her best to manage community members frequently gathered, to safeguard the integrity of the crime scene and to conduct a preliminary investigation. All of this is against the background of the complicated criminal jurisdictional matrix found in Indian country where multiple jurisdictions may have the legal authority to investigate and prosecute the same offense.
Training provides these first responders, and also prosecutors, advocates, court staff and medical workers, the essential tools needed to safely and competently do their jobs. Ever since the passage of the Tribal Law and Order Act, the Department has worked hard to improve the training available to Indian country officers and agents. The Department believes that ensuring access to quality training is a necessary element to bolstering tribal autonomy. In July 2010, EOUSA launched the National Indian Country Training Initiative (NICTI) to ensure that federal prosecutors and agents, as well as state and tribal criminal justice personnel, receive the training and support needed to address the particular challenges relevant to Indian country prosecutions. Importantly, the Department covers the costs of travel and lodging for tribal attendees at classes sponsored by the NICTI. This allows many tribal criminal justice officials to receive cutting-edge training from national experts at no cost to the student or tribe.
But that training requires resources. With the resources it has, the Department has trained tens of thousands of criminal justice and social service personnel working in Indian country, many of which traveled to the National Advocacy Center in Columbia, SC, for training. These students represent more than 300 different tribes, USAOs, and federal, state, and tribal organizations serving Indian country. But despite that success, the NICTI and other training efforts in Indian Country have never received adequate resources. With additional resources dedicated to training law enforcement in Indian country, we could reach even more criminal justice and social service professionals working in and with tribal communities. We could take more training out into the field, making it easier for busy AUSAs, federal law enforcement, and tribal personnel located west of the Mississippi to attend these critical trainings. Resources for Department sponsored training is one important area that this Commission should consider.
Better Data is Vital for Improved Resource Allocation
At the same time, we know that we must use the resources we have more efficiently. For that, we need data. We have taken steps in the right direction. For example, Department attorneys now tag cases as Indian country cases in our internal case management system. DOJ investigative and prosecution information is reported to Congress and the public each year. But despite these steps, problems persist. One of the biggest issues we face is that tribes are not required to provide all crime data to the federal government. Currently, tribes are only required to report information to BIA-OJS that is included in the FBI’s Uniform Crime Report, which does not include many crimes of interest, such as domestic violence violations. Without this data, it is very challenging to check whether the Department is using its resources efficiently while addressing tribal public safety needs in individual locations. In addition, the Department developed the Tribal Access Program, which gives Tribes access to national crime databases and provides the ability for Tribes to enter protection orders and to utilize other important functions in these systems. The Commission should consider ways to foster improvements in law enforcement data collection and sharing needed to enhance justice for Native American and Alaska Natives.
The issues of missing and murdered indigenous people exemplifies the need for additional data. President Trump signed Executive Order 13898 on November 26, 2019, forming the two-year Presidential Task Force on Missing and Murdered American Indians and Alaskan Natives, of which I am a member. The Task Force, also known as Operation Lady Justice, focuses on enhancing the operation of the criminal justice system and addressing the legitimate concerns of American Indian and Alaska Native communities regarding missing and murdered people. The work of the Task Force is concentrated on meeting with tribal leaders and communities, improving the response by law enforcement, communities and systems, reviewing research and data collection, and developing an outreach campaign. It has become very apparent to the Task Force that some data about missing indigenous persons is incomplete and not up to date, and needs to be better utilized to ensure that all missing indigenous persons are being looked for. It is extremely difficult to develop a cure for a problem when its scope is unknown. The United States must continue to lead by example to promote and protect the inherent rights of indigenous people. We must work with our tribal and state partners to combat violence against Native Americans and Alaskan Natives by collecting better data to address their specific needs.
Call to Action
I have only touched the surface of the many obstacles law enforcement must overcome in Indian Country. The Department has made great strides to enhance public safety in tribal communities, but we have a long way to go. We recognize that our goal of lasting public safety in Indian Country is largely dependent on our commitment to empowering tribal governments and partnering with them tocarry out tribal solutions for challenges facing their communities. Additionally, we must improve coordination and collaboration at the federal, tribal, and state levels. Thank you for your work on this Commission and your dedication to improving public safety in Indian country and rural communities. I have no doubt that the policies and solutions you develop will hold the Department to the highest standards and will place law enforcement in Indian country in a prime position to better protect the communities these brave men and women serve. Thank you again for the chance to provide testimony today and I look forward to our panel discussion. I am happy to answer any questions.
Statement from Attorney General William P. Barr Regarding the U.S. Department of State Global CTO Roundtable on 5G Integrated and Open NetworksRead the Press Release
Attorney General Barr issued the following statement:
“The United States and our partners are in an urgent race against the People’s Republic of China (PRC) to develop and build 5G infrastructure around the world. Our national security and the flourishing of our liberal democratic values here and around the world depend on our winning it. Future 5G networks will be a critical piece of global infrastructure, the central nervous system of the global economy. Unfortunately, the PRC is well on its way to seizing a decisive 5G advantage. If the PRC wins the 5G race, the geopolitical, economic, and national security consequences will be staggering.
The PRC knows this, which explains why it is using every lever of power to expand its 5G market share around the globe. The community of free and democratic nations must do the same.
To compete and win against the PRC juggernaut, the United States and its partners must work closely with trusted vendors to pursue practical and realistic strategies that can turn the tide now. Although the ‘Open RAN’ approach is not a solution to our immediate problem, the concept of Integrated and Open Networks (ION), which was the topic of yesterday’s roundtable, holds promise and should be explored. We can win the race, but we must act now.”
St. Petersburg Man Indicted for Threatening to Spread COVID-19 by Spitting and Coughing on Police OfficersRead the Press Release
Tampa, Florida– United States Attorney Maria Chapa Lopez announces the return of an indictment charging James Jamal Curry (31, St. Petersburg) with perpetrating a biological weapon hoax. If convicted, Curry faces up to 5 years in federal prison. Curry had been initially charged by criminal complaint on April 7, 2020.
According to court documents, on March 27, 2020, officers from the St. Petersburg Police Department responded to a domestic violence call involving Curry. During Curry’s arrest, he turned to an officer, declared that he was infected with the Coronavirus, and coughed on the officer’s arm. The following day, Curry bonded out of the Pinellas County Jail.
On the evening of March 28, 2020, police were again called to the same residence where they had previously encountered Curry and arrested him a second time. During his arrest, Curry spit on an arresting officer multiple times—hitting the officer in the face, nose, and inside her mouth with blood-filled saliva. Curry again claimed to have the Coronavirus, laughed, and announced that he was spreading the virus around. Law enforcement subsequently obtained and executed a search warrant to test Curry for COVID-19. Curry tested negative. Individuals close to Curry and jail personnel reported that Curry had not shown any symptoms of COVID-19.
A indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the Federal Bureau of Investigation, with assistance from the St. Petersburg Police Department, the Florida Department of Health, the State Attorney’s Office for the Sixth Judicial Circuit, and the Pinellas County Jail. It is being prosecuted by Assistant United States Attorney Frank Murray.
St. Joseph Woman Charged with Wire Fraud in Scam Targetting A Kalamazoo Manufacturing BusinessRead the Press Release
Kris Fratzke Bilked Her Employer, Flare Fittings, of $540,000 in a Phony Billing Scheme
GRAND RAPIDS, MICHIGAN — The U.S. Attorney filed felony charges today against a St. Joseph, Michigan woman for defrauding her employer of $540,000 in a phony billing scheme. Kris Marie Fratzke, 53, was the chief financial officer of Flare Fittings, a manufacturing company located in Kalamazoo.
The Felony Information filed today in U.S. District Court contains two charges: wire fraud and filing a false tax return. The wire fraud charge states that, between 2013 and 2019, Fratzke created a shell company she called Mid America Fittings, because that would appear to be a real supplier of materials to Flare Fittings, a pipe manufacturing company. She then created phony invoices for the shell company and paid them using her authority over the finances of the company. In this manner, she issued 235 checks, totaling over $540,000, to her shell company and then deposited that money into her personal account and used the funds for personal expenses. The tax charge relates that Fratzke did not declare this income to the Internal Revenue Service.
The federal wire fraud statute carries a maximum possible sentence of twenty years in prison, a fine of twice the fraud proceeds, a restitution order and other sanctions. Filing a false tax return carries a maximum possible penalty of three years in prison, a $250,000 fine and other penalties.
Agents of the Department of Homeland Security, Immigration and Customs Enforcement and the Internal Revenue Service, Criminal Investigation Division investigated this case. Timothy VerHey, Assistant United States Attorney, is handling the prosecution.
No court date has yet been set for Fratzke to appear in court. The charges in a Felony Information are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
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Springfield Man Sentenced for Stolen Mail, Bank Fraud ConspiracyRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Missouri, man was sentenced in federal court today for a bank fraud conspiracy in which he and others used stolen mail to create dozens of counterfeit checks that they attempted to cash at area banks.
Shannon Western Fields, 43, was sentenced by U.S. District Judge M. Douglas Harpool to two years in federal prison without parole. The court also ordered Fields to pay $21,279 in restitution to four banks that were victimized by the conspiracy.
On Nov. 19, 2019, Fields pleaded guilty to participating in a conspiracy to commit bank fraud from February to May 7, 2018, in Greene, Christian, Jasper, and Newton counties. Fields admitted that he and others stole mail from individuals and businesses in order to obtain checks and personal identity information. Conspirators purchased blank check stock and magnetic ink from office supply stores to create counterfeit checks by using the stolen checks (typically business checks) as templates. They created checks payable to the conspirators, or used stolen identity information to create counterfeit identification such as Social Security cards and Missouri driver’s licenses, to cash the checks.
In addition to Fields, 11 unidentified co-conspirators were listed as the payees on the forged and counterfeit checks. Along with Fields, they attempted to cash dozens of checks at various financial institutions in Springfield and Branson, Missouri. Many of those attempts were unsuccessful.
This case was prosecuted by Assistant U.S. Attorney Steven M. Mohlhenrich. It was investigated by the U.S. Postal Inspection Service, the Springfield, Mo., Police Department, and the Joplin, Mo., Police Department.
Southwest Honkys Gang Member Pleads Guilty to Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – A Fair Grove, Missouri, man who is a member of the Southwest Honkys violent prison gang pleaded guilty in federal court today to his role in a drug-trafficking conspiracy in which investigators intercepted a shipment of nearly 9.5 kilograms of methamphetamine.
William F. Jones, 45, pleaded guilty before U.S. District Judge M. Douglas Harpool to participating in a conspiracy to distribute methamphetamine in Christian County, Greene County, and Polk County, Missouri, from Dec. 21, 2016, to Oct. 15, 2017.
According to today’s plea agreement, Jones was identified as a mid-level member of the Southwest Honkys prison gang who had declined a leadership role.
Jones, under the surveillance of law enforcement, drove to the Kansas City, Missouri area on Oct. 11, 2017, and checked into an Independence, Missouri, hotel. A few days later, co-defendant Justin L. Rhoads, 32, of Lebanon, Missouri, met Jones in the hotel’s parking lot. They put a large duffel bag in the cab of Rhoads’s pickup truck, and he left the parking lot. Rhoads was later stopped by a Missouri State Highway Patrol trooper on Missouri Highway 13, just south of Humansville, Missouri. The trooper searched Rhoads’s vehicle and found 10 Ziploc-style plastic bags inside the duffel bag that contained a total of approximately 9,439 grams of methamphetamine, which was determined to be at least 93 percent pure.
Rhoads pleaded guilty on Dec. 16, 2019, to his role in the drug-trafficking conspiracy.
Under federal statutes, Jones and Rhoads each are subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendants will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Josephine L. Stockard. It was investigated by the Drug Enforcement Administration, the Springfield, Mo., Police Department and the Missouri State Highway Patrol.
OCDETF
This case is part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program. The OCDETF program is the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.Southern Shores Man Pleads Guilty to Cocaine DistributionRead the Press Release
RALEIGH, N.C. – A Southern Shores, NC man pleaded guilty today to conspiracy to distribute five (5) kilograms of cocaine.
According to court documents, Herndon Hunt Outlaw Riddle, III, 40, conspired with his codefendant Adolphus McClain to distribute five (5) kilograms of cocaine. McClain previously pled guilty to the charge and is awaiting sentencing.
Riddle pleaded guilty to Conspiracy to Distribute five (5) kilograms or more of Cocaine and faces not less than ten years and up to life imprisonment when he is sentenced during the court’s September 8, 2020 term.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina, made the announcement after U.S. Magistrate Judge James E. Gates accepted the plea. The Federal Bureau of Investigation (FBI), the Internal Revenue Service Criminal Investigations (IRS-CI), the United States Marshals Service (USMS), the North Carolina Department of Insurance, the Dare County Sheriff’s Office, the Kitty Hawk Police Department, and the Hialeah, Florida Police Department assisted in this investigation. Assistant U.S. Attorney Ethan Ontjes is prosecuting the case.
A copy of this press release is located on our website. Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 2:19-cr-00016-D-1.
Roanoke Man Arrested on Federal Heroin and Fentanyl Distribution ChargesRead the Press Release
Roanoke, Va. – A Roanoke City man, who federal authorities allege distributed heroin and fentanyl, and possessed a firearm in furtherance of his drug trafficking activities, was arrested yesterday on a federal criminal complaint. United States Attorney Thomas T. Cullen made the announcement today following the unsealing of the criminal complaint.
The investigation is being handled by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the United States Marshals Service, the Roanoke Area High Intensity Drug Trafficking Area Task Force [HIDTA], the Roanoke County Commonwealth Attorney’s Office, the Roanoke County Police Department, the Roanoke City Police Department, the Salem Police Department, the Virginia State Police, and the United States Postal Service’s Office of the Inspector General.
The criminal complaint charges William Preston Ramey-Woodard, 39, with one count of distribution of a mixture containing heroin and fentanyl and one count of possessing a firearm in furtherance of a drug trafficking crime.
According to court documents, the alleged criminal activities took place in the Western District of Virginia in March, April, and May 2020.
The investigation of this case is ongoing. Assistant United States Attorney Andrew Bassford is prosecuting the case for the United States.
This case was brought as 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, various stakeholders work together to identify the most pressing 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.
A criminal complaint is only a charge and not evidence of guilt. All defendants are considered innocent until proven guilty.
Remarks by United States Attorney William M. McSwain Regarding Charges and Guilty Plea of Former Philadelphia Judge of Elections Who Committed Election FraudRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain released a video on May 21, 2020, in which he discussed the charging and guilty plea of former Philadelphia Judge of Elections Domenick J. DeMuro. Below are U.S. Attorney McSwain’s remarks, as prepared for delivery.
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Good morning. I am here to announce that the U.S. Attorney’s Office has unsealed criminal charges against Domenick J. DeMuro, a former Judge of Elections for the 39th Ward, 36th Division in South Philadelphia. DeMuro has been charged with two counts: first, for conspiring to deprive Philadelphia voters of their civil rights by fraudulently stuffing the ballot boxes for specific Democratic candidates in the 2014, 2015, and 2016 primary elections; and second, for a violation of the Travel Act, which forbids the use of any facility in interstate commerce (here, a cell phone) with the intent to promote certain illegal activity (here, bribery). DeMuro has pled guilty to both of these charges.
This prosecution has been a team effort, and before I get into a more detailed description of what happened in this case, there are several people that I want to recognize and thank. First, from the FBI, Mike Driscoll, who is the Special Agent in Charge of the FBI’s Philadelphia Field Office, as well as Special Agent Carmen DiMario, who is the lead investigator on the case. I want to thank the Public Integrity Section at the U.S. Department of Justice in Washington, and specifically Section Chief Corey Amundson, Deputy Chief John Keller, and the Director of the Election Crimes Branch of the Section, Richard Pilger. I also want to thank Assistant U.S. Attorney Richard Barrett, who is the Chief of our Public Corruption Unit at the U.S. Attorney’s Office, and Assistant U.S. Attorney Eric Gibson, who is the lead prosecutor on the case. And finally, I would like to thank the Pennsylvania State Police for their assistance in this investigation.
The position that DeMuro held, the Judge of Elections, is an elective office and a paid position. The Judge of Elections is responsible for overseeing the entire election process and voter activities of his or her Division. Each Judge of Elections is charged with overseeing the Division’s polling place in accordance with federal and state election laws, and is required to attend Election Board Training conducted by the Philadelphia City Commissioners.
The voting machines at each polling station, including the 39th Ward, 36th Division, generate records in the form of a printed receipt documenting the use of each voting machine. The printed receipt, also known as the “results receipt,” shows the vote totals, among other information. The Judge of Elections and the Election Board Officials at each polling place attest to the accuracy of machine results by affixing their signatures to the last page of the results receipt.
Our election system relies on the honesty and the integrity of its Election Officials. If they are corrupt, the system is corrupt, which creates opportunities for election fraud and for the counting of fake votes.
Domenick DeMuro did not uphold his duties as an Election Official. A political consultant gave DeMuro directions and paid him money to illegally add votes for certain Democratic candidates on the primary ballots in 2014, 2015, and 2016. These candidates were individuals running for judicial office whose campaigns had hired the consultant, as well as other candidates for various federal, state, and local elective offices who were preferred by this consultant for a variety of reasons.
The political consultant would allegedly solicit monetary payments from his clients in the form of cash or checks as “consulting fees.” The consultant would then take portions of these funds and make payments to Election Board Officials, including DeMuro, in return for DeMuro and other Election Board officials tampering with the election results.
After receiving payments ranging from between $300 to $5,000 per election from the consultant, DeMuro would add fraudulent votes on the voting machine – also known as “ringing up” votes – for the consultant’s clients and preferred candidates, thereby diluting and distorting the ballots cast by actual voters. DeMuro would add these fraudulent votes to the totals during Election Day, and then would later falsely certify that the voting machine results were accurate. He would add the fraudulent votes by literally standing in the voting booth and voting over and over, as fast as he could, when he thought the coast was clear.
In May 2014, DeMuro stuffed the ballot box with 27 fraudulent ballots during the primary election. In May 2015, DeMuro padded the ballot box with 40 fraudulent votes; in 2016, it was 46 fraudulent votes. These numbers may sound relatively small, but they made up a significant percentage of the total votes cast at the polling place. In 2014, 118 total ballots were reported in the 36th Division of the 39th Ward. That means that DeMuro’s fraudulent votes accounted for over 22% of the total voting in that Division in 2014. In 2015, his fraud accounted for over 15% of the votes in the Division; in 2016, his fraud accounted for over 17% of the votes.
But at the end of the day, the specific numbers don’t really matter. Voting is the cornerstone of our democracy. If only one vote has been illegally rung up or fraudulently stuffed into a ballot box, the integrity of that election is undermined. Again, the integrity of our elections depends on the honesty of our Election Officials – so we take any dishonesty by those officials very seriously. And I want to make it clear that this is an ongoing and active investigation.
I also want the public to know that my Office is taking every possible step that we can to ensure the integrity of every primary and general election in the Eastern District of Pennsylvania in 2020. For example, earlier this year, I announced that our Office has launched a review of all polling places in the Eastern District to determine if they are in compliance with the Americans with Disabilities Act. As this year marks the 30th anniversary of the ADA, there can be no doubt that counties have had more than enough time to ensure that their polling places provide full access to individuals with disabilities. We will work day and night to make sure that every citizen’s civil rights are protected, whether that is through access to the polls or making every legitimate vote count.
If you tamper with anyone’s right to vote or try to fix the results of any election in the Eastern District of Pennsylvania, my Office will hold you accountable. If you are an Election Official or work with the polling places in any way, I urge you to do your job honestly and faithfully at every turn. That is what the public deserves, it is what democracy demands, and it is what my Office will enforce.
Red Lake Felon Indicted on Methamphetamine and Firearm ChargesRead the Press Release
United States Attorney Erica H. MacDonald today announced the unsealing of a federal indictment charging ARLIN MAURICE THUNDER, 46, with one count of possession with intent to distribute methamphetamine and one count of possession of a firearm by a felon. THUNDER made his initial appearance today before Magistrate Judge Jon T. Huseby in U.S. District Court in Bemidji, Minnesota. THUNDER was ordered to remain in custody pending a formal detention hearing, which is scheduled for Tuesday, May 26, 2020.
According to the allegations in the indictment, on May 13, 2019, THUNDER was found to be in possession of methamphetamine and a firearm, specifically a Star Bonifacio Echeverria Firestar M43 9 mm caliber pistol. Because THUNDER has a prior felony conviction, he is prohibited under federal law from possessing firearms at any time.
This case is the result of an investigation conducted by the Red Lake Tribal Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant U.S. Attorney Chelsea A. Walcker is prosecuting the case.
Defendant Information:
ARLIN MAURICE THUNDER, 46
Redby, Minnesota
Charges:
- Possession with intent to distribute methamphetamine, 1 count
- Possession of a firearm by a felon, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Recently Released State Prisoner Charged with Federal Firearm and Ammunition OffenseRead the Press Release
Ocala, FL – United States Attorney Maria Chapa Lopez announces the return of an indictment charging David Stephen Shaw (36, Ocala) with possessing a firearm and ammunition as a convicted felon. If convicted, Shaw faces a maximum penalty of 10 years in federal prison. The indictment also notifies Shaw that the United States intends to forfeit the firearm and 129 rounds of ammunition.
According to the indictment, on December 5, 2019, Shaw was in possession of a firearm and numerous rounds of ammunition. He has eight prior state felony convictions, including burglary of a dwelling, introduction of contraband into a detention facility, fleeing or attempting to elude a law enforcement officer, and trafficking in methamphetamine. As a convicted felon, he is prohibited from possessing firearms or ammunition under federal law.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the FBI and the Marion County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Tyrie Boyer.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Recently Released Felon Charged with Possessing A FirearmRead the Press Release
Ocala, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Kayden James Billings (22, Oxford) with possessing a firearm as a convicted felon. If convicted, Billings faces a maximum penalty of 10 years in federal prison.
According to court documents, in February 2020, Billings was released from state following three separate convictions. On April 11, 2020, a female companion drove Billings to an Ocala gas station. She ran inside to ask the clerk to summon police because Billings had been battering her and threatening her with a firearm. Two officers from the Ocala Police Department quickly responded and Billings fled from the gas station on foot. As he ran across Pine Avenue, Billings discarded a loaded .45 caliber handgun, along with his driver license. Billings surrendered after the pursuing officer caught up with him and threated to deploy a Taser. The firearm, which had been previously reported stolen in Marion County, was identified by the victim as the same one Billings had used to threaten and batter her.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Ocala Police Department. It will be prosecuted by Assistant United States Attorney Michael P. Felicetta.
This case is a part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.
Presidential Task Force on Missing and Murdered American Indians and Alaska Natives to Resume Remote Listening SessionsRead the Press Release
The Presidential Task Force on Missing and Murdered American Indians and Alaska Natives announced four listening sessions to be conducted by teleconference in May and June. In response to the COVID-19 health emergency, previously scheduled in-person sessions have been postponed and will be rescheduled as soon as it is safe to do so.
American Indians and Alaska Natives experience disproportionately high rates of violence. President Trump has called the crisis of missing and murdered Native Americans “sobering and heartbreaking.” The task force, designated Operation Lady Justice, has been empowered to review Indian Country cold cases, to strengthen law enforcement protocols, and work with tribes to improve investigations, information sharing and a more seamless response to missing persons investigations.
Tribal Listening Session Webinars are open to Tribal Leaders and others. Sessions will include a short presentation about the current activities of the task force, followed by a listening session.
Registration information for the following listening sessions is available at https://operationladyjustice.usdoj.gov/.
May 27, 2:00 - 3:30 p.m. EDT
Tribes in Bureau of Indian Affairs (BIA)’s Eastern Region (Tribal land located in Louisiana, Arkansas, Missouri, Illinois, Indiana, Ohio and all states to the east coast)
May 29, 2:00 - 3:30 p.m. EDT
Tribes in BIA’s Southern Plains, Southwest, Western and Rocky Mountain Regions (Tribal land located in Texas, Oklahoma, Kansas, Colorado New Mexico, Nevada, Utah, Arizona, Montana and Wyoming)
June 2, 2:00 - 3:30 p.m. EDT
Tribes in BIA’s Midwest and Great Plains Regions (Tribal land located in Minnesota, Iowa, Michigan, Wisconsin, North Dakota, South Dakota and Nebraska)
June 3, 2:00 - 3:30 p.m. EDT
Tribes in BIA’s Pacific, Northwestern and Alaska Regions (Tribal land located in California, Oregon, Washington, Idaho and Alaska)
The members of the task force are:
- Katharine (Katie) Sullivan, Principal Deputy Assistant Attorney General, Office of Justice Programs, designee for the Attorney General;
- Tara Sweeney, Assistant Secretary for Indian Affairs, designee for the Secretary of the Interior;
- Terry Wade, Executive Assistant Director, Criminal, Cyber, Response and Services Branch, Federal Bureau of Investigation;
- Laura Rogers, Acting Director, Office on Violence Against Women;
- Charles (Charlie) Addington, Deputy Bureau Director, Bureau of Indian Affairs, Office of Justice Services;
- Trent Shores, U.S. Attorney for the Northern District of Oklahoma and Chair of the Native American Issues Subcommittee of the Attorney General’s Advisory Committee; and
- Jean (Jeannie) Hovland, Deputy Assistant Secretary for Native American Affairs and Commissioner, Administration for Native Americans, Department of Health and Human Services.
Marcia Good, of the Department of Justice, serves as the Executive Director of the Task Force. The Task Force will present a progress report to the President by Nov. 26, 2020, and a final report detailing its activities and accomplishments by Nov. 26, 2021.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of the Department of Justice at www.Justice.gov/Celebrating150Years. 2020 also marks 171st anniversary of the Department of the Interior. Learn more about the history of DOI at www.doi.gov/history/.
Pittsburgh Felon Charged with Illegally Possessing Fentanyl, a Shotgun and AmmunitionRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
The two-count Indictment, returned on May 19, named Dayon Chambers, age 40, of Pittsburgh, Pennsylvania, as the sole defendant.
According to the Indictment, on February 5, 2020, Chambers possessed with the intent to distribute and did distribute 40 grams or more of a substance containing a detectable amount of fentanyl, a Schedule II controlled substance. The Indictment further alleges that on February 19, 2020, Chambers owned a Smith & Wesson shotgun and ammunition, knowing that he had been previously convicted of a felony. Chambers was previously convicted of distribution and possession with the intent to distribute cocaine on April 15, 2013. Federal law prohibits those who have been convicted of a felony from owning firearms.
The law provides for a maximum total sentence of not less than 10 years and up to life in prison, a fine of $8,250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation Western Pennsylvania Opiate Overdose Task Force conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Man Pleads Guilty to Fentanyl TraffickingRead the Press Release
Jackson, Miss. – Brian Christopher Sims, 35, of Philadelphia, pled guilty today before U.S. Chief District Judge Daniel P. Jordan III to possession with intent to distribute fentanyl, announced U.S. Attorney Mike Hurst, Jere T. Miles, Special Agent in Charge of Homeland Security Investigations in New Orleans, and Steven Maxwell, Acting Director of the Mississippi Bureau of Narcotics.
On August 6, 7, and 16, Sims sold fentanyl to an individual on Church Street in Philadelphia. The fentanyl sold by Sims consisted of over 31 separate, single-dose sublingual sprays that contained 200 micrograms each. The total amount of fentanyl sold was in excess of 300 grams.
“This criminal endangered all of East Central Mississippi with one of the deadliest drugs in the world. This tiny amount of fentanyl could have killed approximately 150,000 people, or five times the population of Neshoba County alone. I applaud our investigators, agents and prosecutors for bringing this evildoer to justice and taking this poison off our streets,” said U.S. Attorney Hurst.
“This fentanyl dealer was bringing a deadly drug into our local communities,” said Jere T. Miles, HSI New Orleans Special Agent in Charge. “Our special agents are committed to removing this drug from our streets and dismantling the criminal organizations involved in its distribution.”
“This investigation represents a commitment by all agencies involved to collectively work in partnership for the purpose of improving the quality of life in communities throughout Mississippi by effectively removing dangerous predatory violent drug offenders” said Steven Maxwell, Acting Director of the Mississippi Bureau of Narcotics.
Sims was charged in a three count indictment that was filed on October 22, 2019. He will be sentenced by Judge Jordan on August 21, 2020 at 9:00 a.m. and faces a maximum penalty of 20 years in prison and a $1,000,000 fine.
This OCDETF operation is a result of a joint investigation by Homeland Security Investigations, the Drug Enforcement Administration and the Mississippi Bureau of Narcotics. Assisting agencies included the Philadelphia Police Department, Neshoba County Sheriff’s Department, Neshoba County District Attorney’s Office, Scott County Sheriff’s Office, Flowood Police Department, Rankin County Sheriff’s Department, Hinds County Sheriff’s Department, Carthage Police Department, Union Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Louisville Police Department, Mississippi Highway Patrol, and the United States Marshals Service. Assistant U.S. Attorney Erin Chalk is prosecuting the case.
The OCDETF program is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Pensacola Man Sentenced to 15 Years Federal Prison for Possession of Methamphetamine and FirearmsRead the Press Release
PENSACOLA, FLORIDA – A Pensacola man has been sentenced to a mandatory minimum
term of 15 years in federal prison after pleading guilty to drug and weapons charges related to
drug trafficking. Lawrence Keefe, United States Attorney for the Northern District of Florida,
announced the sentence given to Samuel Gomez, 30, who pled guilty to possession with intent to
distribute 500 grams or more of methamphetamine and possession of a firearm in furtherance of a
drug trafficking crime.“Drugs remain a scourge on our communities, leaving ruined lives and too often a trail of violence
in their wake,” U.S. Attorney Keefe said. “With the help of our federal, state, and local law
enforcement partners, we will continue to pursue, prosecute, and punish those who spread these
drugs in hometowns across Northern Florida.”Law enforcement personnel executed a federal search warrant at Gomez’s Pensacola residence on
November 6, 2019. Inside the residence, officers seized a total of approximately 3 pounds of
methamphetamine, as well as other substances suspected to be cocaine, heroin, and fentanyl.
Law enforcement also seized three firearms, two digital scales, baggies, and approximately
$6,000 in U.S. currency. The firearms seized were identified as a loaded Ruger pistol, a loaded
Smith and Wesson revolver, and a loaded MILTAC AR-15-style pistol. The firearms were located near
the seized drugs and were being used by Gomez in furtherance of his drug trafficking crime.“Reducing violent crime and protecting the public in the communities that we serve is a priority
for ATF”, said ATF Special Agent in Charge Daryl McCrary, “We will continue to work vigorously with
our law enforcement partners to make sure those individuals who commit violent firearms crimes are
prosecuted to the fullest extent of the law.”The case resulted from a joint investigation by the Drug Enforcement Administration, the Bureau
of Alcohol, Tobacco, Firearms and Explosives, the Pensacola Police Department, the Florida
Department of Law Enforcement, and investigators with the State Attorney’s Office. Assistant
United States Attorney J. Ryan Love prosecuted the case.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 visit
https://www.justice.gov/usao-ndfl/pr/attorney-general-announces-launch-project-guardian-nationwide-strategic-plan-reduce-gun.The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that
serves as the nation’s principal litigators under the direction of the Attorney General. To access
public court documents online, please visit the U.S. District Court for the Northern District of
Florida website. For more information about the United States Attorney’s Office for the Northern
District of Florida, visit http://www.justice.gov/usao/fln/index.html.Penn Hills Man with 3rd Degree Murder Conviction Indicted on Federal Fentanyl and Firearms OffensesRead the Press Release
PITTSBURGH - An Allegheny County resident has been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotic and firearms laws, United States Attorney Scott W. Brady announced today.
The three-count Indictment, returned on May 19, named Traevon Rasha Nicholson, age 24, of Verona, Pennsylvania, (Penn Hills) as the sole defendant.
According to the Indictment, on January 26, 2020, Nicholson possessed with the intent to distribute a quantity of a mixture containing fentanyl, a Schedule II controlled substance. The Indictment further alleges that on the same date, Nicholson possessed a firearm, an IMEZ/Baikal pistol, in furtherance of that drug trafficking crime. The Indictment further alleges that Nicholson possessed that firearm, the IMEZ/Baikal pistol, knowing that he had previously been convicted of a felony, namely, Murder in the Three Degree on July 21, 2015. Federal law prohibits anyone who has been convicted of a felony from owning firearms.
The law provides for a maximum total sentence of up to life in prison, a fine of $1,500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.