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Thursday 21 May 2020
Arizona Man Sentenced to Eleven Years in Prison for Fentanyl Worth over $6 MillionRead the Press Release
LITTLE ROCK—An Arizona man was sentenced today to 132 months in federal prison for his involvement in a fentanyl conspiracy that took him through Russellville, Arkansas. Cody Hiland, United States Attorney for the Eastern District of Arkansas, announced that Herbierto Felix Ruiz, 48, was sentenced for conspiracy to possess fentanyl with intent to distribute.
On September 28, 2017, Arkansas State Police conducted a traffic stop in Russellville when a silver Hyundai Santa Fe crossed the center line on Interstate 40. Ruiz was the front seat passenger, and his name was on the car’s rental agreement. Ruiz had rented the car two days earlier in California. When the driver of the car and Ruiz gave conflicting stories to the officer, the officer asked to search their vehicle, and Ruiz consented to the search.
The officer found six packages wrapped in duct tape and hidden in the vehicle’s spare tire. The spare tire was a 15-inch tire, but the vehicle required 17-inch tires. The packages turned out to be over 15 pounds of fentanyl, which had a street value of over $6 million.
In November 2017, a grand jury charged Ruiz with conspiracy to possess with intent to distribute fentanyl. Then, in February 2018, an auto salvage business contacted law enforcement to report they had located a suspicious package in a vehicle they had purchased at auction from a car rental company. The vehicle was the same Hyundai Santa Fe from Ruiz’ previous traffic stop, and it contained an additional five kilograms of fentanyl that had not been found in the initial search.
On April 3, 2018, a grand jury charged Ruiz, and others, in a Superseding Indictment to increase the amount of fentanyl involved in the offense. Ruiz pleaded guilty on October 10, 2019. Today, United States Chief District Court Judge D. Price Marshall, Jr., sentenced Ruiz to eleven years in prison, followed by five years of supervised release. There is no parole in the federal system. Chief District Court Judge Marshall stated at the sentencing hearing that part of the basis for his sentencing decision was due to the danger involved with fentanyl.
"Fentanyl is an incredibly dangerous drug, and our office remains focused on removing it from our streets,” stated U.S. Attorney Hiland. “Today’s lengthy sentence is an example of the continued pressure we will apply to drug traffickers, especially those who bring this deadly substance into our communities.”
Fentanyl is the greatest and most significant synthetic opioid threat to the United States, including here in Arkansas, where as little as two milligrams is a lethal dose. This conviction and lengthy sentence should send a message to all drug traffickers that DEA will continue to work with all of our law enforcement partners to aggressively pursue those who ruthlessly traffic fentanyl and other dangerous drugs,” said DEA Assistant Special Agent in Charge Justin King.
The U.S. Attorney’s Office has placed significant focus on fentanyl in the Eastern District of Arkansas, especially highlighted by three separate takedown operations in October 2019. Those operations resulted in criminal charges against 49 people and seizure of over 1,600 grams of fentanyl. A single dose of fentanyl can be as small as one-sixteenth of a gram.
The Ruiz investigation was conducted by the Drug Enforcement Administration, Arkansas State Police, and the Fifth Judicial Drug Task Force.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available on-line at
http://www.justice.gov/edar
Twitter:
@EDARNEWS
Alaska’s U.S. Attorney and U.S. Marshal Issue Statements in Support of Dept. of Public Safety’s Plan to Enhance 911 Services in Rural AlaskaRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder and U.S. Marshal Rob Heun today issued the following statements in support of the Alaska Department of Public Safety’s (DPS) initiative to enhance 911 services in rural Alaska:
“The primary duty of Alaska’s law enforcement community is to protect all of us in the Great Land,” said U.S. Attorney Schroder. “In most urban areas of Alaska, if a 911 call is dropped, dispatchers will still have the caller’s location and can send help. Currently, the same cannot be said for rural Alaska; however, under this initiative, DPS will soon have location information in rural areas covered by cell phones. For callers off the road system, knowing their location plays a pivotal role in dispatching first responders.”
“The enhanced 911 services will not only save lives for those who live in rural communities, but also for Alaskans and visitors who take part in recreational activities off the road system,” said U.S. Attorney Schroder. “DPS’s initiative strengthens the Rural Alaska Anti-Violence Enforcement Network’s (RAAVEN) ongoing efforts to reduce violent crime and address public safety needs in rural Alaska. I support and commend Commissioner Amanda Price’s efforts to provide better public safety services to all Alaskans.”
“As active partners with the Alaska State Troopers in rural Alaska, the U.S. Marshals Service appreciates the enhanced 911 services. These services will play a major role in law enforcement, contribute to increased officer safety and the protection to all of Alaska’s citizens and visitors,” said U.S. Marshal Heun.
On May 13, 2020, DPS announced plans to enhance 911 communication services to improve law enforcement services to all Alaskans. The initiative will improve 911 services across 80 percent of Alaska.
Akron man indicted for possession with intent to distribute THC vape cartridges and illegal fireman possessionRead the Press Release
The U.S. Attorney’s Office for the Northern District of Ohio announced today that a federal grand jury in Cleveland returned a three-count indictment charging Justin Michl, age 23, of Akron with intent to distribute Tetrahydrocannabinol (THC), possession of firearms in furtherance of a federal drug trafficking offense and money laundering.
According to the criminal complaint filed in this matter, On July 12, 2019, federal agents executed a search warrant at the defendant’s residence in Akron and recovered over 3,500 THC vape cartridges. These cartridges contained a liquid that, according to the Drug Enforcement Administration (DEA), may contain extraordinarily high THC levels ranging from 40% to 80%. This form of marijuana can be up to four times stronger in THC content than high-grade marijuana, which normally measures around 20% THC levels.
In addition to the THC cartridges, agents recovered four firearms, ammunition, and $85,627 in United States currency. Agents also discovered that Michl purchased an all-terrain vehicle with drug trafficking proceeds in February of 2019.
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 FDA – Office of Criminal Investigations in conjunction with the Ohio Attorney General’s Organized Crime Commission Major Crimes Task Force which consists of the Cuyahoga County Sheriff’s Department, Cuyahoga County Prosecutor’s Office, U.S. Food and Drug Administration, U.S. Postal Inspection Service and the Department of Homeland Security, Homeland Security Investigations. This case is being prosecuted by Assistant U.S. Attorney Aaron Howell.
Wednesday 20 May 2020
West Valley City, Midvale Receive Emergency DOJ Funding to Support Law Enforcement, First RespondersRead the Press Release
SALT LAKE CITY – Two Utah more cities are receiving U.S. Department of Justice funding to support a broad range of activities as they respond to the coronavirus. The funding is coming from DOJ’s Bureau of Justice Assistance through the Coronavirus Emergency Funding Program.
West Valley City will receive $333,508 and Midvale is getting $46,274. West Jordan and Murray received grants last week.
“The Department of Justice is providing communities with funding to use for critical public safety needs they have for police officers and medical personnel as they work on the front lines to keep us safe through this challenging crisis,” U.S. Attorney John W. Huber said today. “These aren’t one-size-fits all grants. Each city has flexibility to use these dollars to support the challenges they are facing in their communities.”
The Emergency Supplemental Funding Program allows states, local governments, and federally recognized tribal governments to apply for critical funds to use as they respond to the coronavirus. Those receiving grants have considerable latitude in the use of the funds. The grant funding can support things like law enforcement overtime, equipment, hiring, supplies such as gloves, masks, and sanitizer for police officers and medical personnel, training, travel expenses, and addressing the needs of inmates in state, local, and tribal prisons, jails, and detention centers.
Funding for other Utah cities and counties is pending. Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for this emergency supplemental funding.
West Plains School Employee Charged with Producing Child PornographyRead the Press Release
SPRINGFIELD, Mo. – An employee of the West Plains, Missouri, R-7 School District was charged in federal court today with soliciting children to send him sexually explicit photos and videos through Snapchat and Instagram.
Cody Ashton Ary, 29, of West Plains, was charged in a criminal complaint filed in the U.S. District Court in Springfield, Missouri, with one count of producing child pornography. Ary is employed with the West Plains R-7 School District as a paraprofessional and commonly assists with special need students.
According to an affidavit filed in support of the federal criminal complaint, Instagram initiated a CyberTip with the National Center for Missing and Exploited Children on Dec. 3, 2019, after Ary allegedly uploaded a sexually explicit video of an 8-to-10-year-old boy to his account. Investigators found a total of 92 chat conversations between Ary and other Instagram users. According to the affidavit, Ary used the screen name “15anime_boy” and identified himself as a 15-year-old male to other users. He allegedly solicited sexually explicit videos and images from other users who identified to be minor males. Ary allegedly received dozens of images and videos of child pornography through his Instagram account. Ary asked the child victims to send him videos and images of them stripping, the affidavit says, in exchange for Ary providing Internet links to folders that contained child pornography.
Law enforcement officers executed a search warrant at Ary’s residence today, where he was arrested.
The charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the West Plains, Mo., Police Department, the Southwest Missouri Cyber Crime Task Force, and Immigration and Customs Enforcement's (ICE) Homeland Security Investigations.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Waterloo Man Sentenced to a Year in Prison After Escape from Halfway HouseRead the Press Release
A Waterloo man who escaped from a Waterloo halfway house and spent over two weeks on the lam was sentenced to a year in federal prison on May 19, 2020. Lonnel Porter, age 36, from Waterloo, Iowa, received the prison term after a bench trial and a January 16, 2020 verdict finding him guilty of escape from custody.
The evidence at trial and prior court proceedings showed that, in 2009, Porter was convicted in federal court of possessing a firearm as a felon after an incident wherein he displayed an assault-rifle during a neighborhood dispute. At that time, Porter had prior convictions for burglary, domestic assault causing injury, and false imprisonment. Porter was sentenced to nearly nine years in prison and three years of supervised release. In 2012, while an inmate in federal prison, Porter was sentenced to an additional two years of prison after assaulting a correctional officer and causing injury to the officer. When Porter was released from prison in 2019, he was required to spend time at a local halfway house, the Waterloo Residential Reentry Center (WRRC), with work-release privileges. On September 16, 2019, about six weeks after he arrived at the WRRC, Porter signed out for his job, left the WRRC, and never returned. When Porter’s probation officer called Porter on the telephone and instructed him to return to the WRRC, Porter refused to do so and would not reveal his location. On October 2, 2019, the United States Marshal’s Service arrested Porter, and Porter was returned to prison for 14 months for violating the terms of his supervised release.
Porter was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Porter was sentenced to 12 months and one day of imprisonment. This sentence is in addition to his prior 14 month term. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Porter is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the United States Marshal’s Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-2069.
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U.S. Attorney Scott W. Brady Requests Public to Report Sexually Predatory Housing Practices Amid COVID-19 PandemicRead the Press Release
PITTSBURGH - U.S. Attorney Scott W. Brady is asking anyone who has witnessed or experienced sexual harassment by a landlord, property manager, maintenance worker, or anyone with control over housing to report that conduct to the Department of Justice.
The COVID-19 Pandemic has impacted the ability of many people to pay rent on time and has increased housing insecurity. The Department of Justice is investigating reports of housing providers trying to exploit the crisis to sexually harass tenants. Sexual harassment in housing is illegal, and the U.S. Attorney’s Office for the Western District of Pennsylvania stands ready to investigate such allegations and pursue enforcement actions where appropriate.
"While many landlords are responding to these circumstances with understanding and care, trying to work with their tenants to weather the current crisis, others are responding to requests to defer rent payments with demands for sexual favors and other acts of unwelcome sexual misconduct," stated U.S. Attorney Brady. "Such behavior is despicable, illegal, and will not be tolerated. Tenants should never have to choose between housing and sexual harassment."
Launched in 2017, DOJ’s Sexual Harassment in Housing Initiative is an effort to combat sexual harassment in housing led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The goal of the Initiative is to address sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing.
The Department of Justice enforces the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act. Many individuals do not know that being sexually harassed by a housing provider can violate federal law or that the Department of Justice may be able to help.
U.S. Attorney Brady encourages anyone who has experienced sexual harassment by a landlord, or other person who has control over housing, resulting from the COVID-19 crisis, to contact the U.S. Attorney’s Office for the Western District of Pennsylvania by calling (412) 644-3500 or emailing [email protected].
U.S. Attorney J. Douglas Overbey Announces $36,437 Award to Address Covid-19 Pandemic in TennesseeRead the Press Release
Knoxville, Tenn. – U.S. Attorney J. Douglas Overbey of the Eastern District of Tennessee today announced that the City of Oak Ridge received $36,437 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The grant is available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. Other jurisdictions can determine if they are eligible for funds and may apply immediately by visiting this website. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.
“As this country continues to fight COVID-19, our office remains committed to deterring, investigating, and prosecuting those who seek to take advantage of the COVID-19 pandemic. This funding will help many of the communities struggling in these trying times and provide some much-needed relief to our district,” said U.S. Attorney Overbey.
“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”
The law gives jurisdictions considerable latitude using these funds for dealing with COVID-19. Potential uses include hiring personnel, paying overtime, purchasing protective equipment, distributing resources to hard-hit areas and addressing inmates’ medical needs.
Agencies eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for the emergency funding. Local units of government and tribes will receive direct awards separately according to their jurisdictions’ allocations.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
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U.S. Attorney Brady Announces $51K Grant to Address COVID-19 Pandemic in Penn HillsRead the Press Release
PITTSBURGH - U.S. Attorney Scott W. Brady today announced that the Municipality of Penn Hills, Pennsylvania, received $51,535 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. In addition, the Pennsylvania Commission on Crime and Delinquency has been awarded $17.6 million in grants that can be distributed to eligible governmental agencies throughout Pennsylvania, including western Pennsylvania. 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, which are not due until May 29, 2020.
From the moment these grants became available, U.S. Attorney Brady has dedicated staff to ensure that all eligible agencies in western Pennsylvania have the opportunity to apply and receive funds promptly. Since then, the Office has worked with eligible applicants to assist them in the grant process.
"The men and women on the front line of this pandemic deserve our deepest appreciation for answering the call to serve regardless of the danger," U.S. Attorney Brady said. "I am hopeful this $51,535 from the Justice Department will help Penn Hills police officers in their public safety duties while also ensuring their own health and safety. I also encourage all of our local law enforcement agencies to apply for these critical grants."
"This funding is crucial to Penn Hills Police Department’s preparedness and response to corona virus," said Scott Andrejchak, Penn Hills Borough Manager. "Penn Hills is thankful to our partners at the U.S. Attorney’s office for working with us to secure these funds."
The public safety funds being made available through DOJ’s Coronavirus Emergency Supplemental Funding program can be used for the most pressing needs of our state and local partners, including new hiring and overtime pay, training, critical personal protective equipment and supplies, and the medical needs of prisoners.
Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for the emergency funding. Local units of government and tribes will receive direct awards separately according to their jurisdictions’ allocations.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
Two “SCO” Gang Members Sentenced to PrisonRead the Press Release
PITTSBURGH, PA - Two Western Pennsylvania residents have been sentenced in federal court on convictions of narcotics trafficking, United States Attorney Scott W. Brady announced today.
Senior United States District Judge Arthur J. Schwab imposed the sentence of four years imprisonment, and six years supervised release, on Keenan Williams, age 22, formerly of Duquesne, PA; and the sentence of six years imprisonment and four years supervised release on Reginald Brown, age 29, formerly of East Pittsburgh, PA.
According to information presented to the Court, the FBI Greater Pittsburgh Safe Streets Task Force conducted a long-term investigation of drug trafficking occurring in and around the Braddock section of Pittsburgh. Williams and Brown, and other individuals were identified as members and/or associates of a neighborhood based street gang, self-titled "SCO", which illegally distributed controlled substances in the Greater Pittsburgh Region.
In January of 2019, investigators obtained authorization to conduct a federal wire investigation, which continued through May of 2019. Williams and Brown, along with 30 others were indicted in June of 2019 by a federal grand jury in three separate, but related, Indictments.
As to Williams, the Court was informed that intercepted communications confirmed that he served as a drug runner for members of the conspiracy, namely, his half-brother, Richard Coto-Wheat, distributing controlled substances in the North Versailles and Braddock neighborhoods.
As to Brown, the Court was informed that intercepted communications confirmed that he was conspiring with others to possess with intent to distribute and distribute cocaine base, commonly known as crack. Brown, who admitted that he was a member of SCO, also admitted to obtaining items used in processing cocaine into crack for McFadden, SCO’s leader. Moreover, law enforcement seized the following items from the kitchen of Brown’s residence: a Ruger 9mm pistol, with a loaded magazine and a chambered round, and $5,490.00 in United States currency as well as numerous other items indicative of drug-trafficking. As a part of the judgment in this case, Brown was required to forfeit these items to the government.
Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.
United States Attorney Brady commended the multi-agency team, which was led by the Federal Bureau of Investigation, for the investigation leading to the successful prosecution of Moore. Partners in this investigation included the Drug Enforcement Administration, Bureau of Alcohol Tobacco Firearms and Explosives, United States Marshals Fugitive Task Force, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pennsylvania State Police, Pennsylvania Attorney General’s Office Bureau of Narcotics, and the Pittsburgh Bureau of Police. Other assisting agencies included the Monroeville Police Department, Penn Hills Police Department, Wilkinsburg Police Department, and Allegheny County Adult Probation.
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.
Two Mint Hill Residents Plead Guilty to Federal Charges for Stealing More Than $400,000 from an Elderly, Dementia-Afflicted VictimRead the Press Release
CHARLOTTE, N.C. – Gerald Maxwell Harrison, 53, and Elizabeth Robin Williams, 55, both of Mint Hill, N.C., have pleaded guilty to federal charges for conspiring with each other and other individuals to steal more than $400,000 from an elderly victim who suffered from dementia, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina.
Tommy D. Coke, Inspector in Charge of the of the Atlanta Division of the U.S. Postal Inspection Service, which oversees Charlotte, John A Strong, Special Agent in Charge for the FBI in North Carolina, and Chief Tim W. Ledford of the Mint Hill Police Department join U.S. Attorney Murray in making today’s announcement.
According to Harrison and Williams’ plea agreements, court documents filed in the case, and court proceedings, from January 2015 through September 2019, Harrison, Williams, and their co-conspirator, Donna Graves, engaged in a scheme to defraud a victim identified in court documents as “K.T.” The victim was an elderly widow who lived alone and suffered from dementia and other physical and mental challenges.
According to court records, beginning in February 2014, Graves and Williams provided housekeeping services for the victim through a business owned and operated by Graves. Court records show that Harrison, Williams, and Graves isolated the victim from her friends and family, and induced the victim to give them power and control over her financial and personal affairs. Once they gained access and control, Williams, Harrison, and Graves engaged in numerous illegal and unauthorized financial transactions that substantially depleted the victim’s money and property. Specifically, the co-conspirators emptied the victim’s bank accounts and used the money to pay for personal expenses, they fraudulently “maxed out” at least one credit card in the victim’s name, they fraudulently transferred or attempted to transfer the victim’s assets to themselves, they pawned the victim’s jewelry, and they stole the victim’s federal benefits. Additionally, Williams unlawfully used the victim’s money to set up other businesses in her name, including a business selling handbags online and a business selling weight loss-related services. As a result of the fraudulent scheme, the co-conspirators defrauded the victim of more than $400,000.
Harrison pleaded guilty today to wire fraud conspiracy, interstate transportation of stolen property, and money laundering conspiracy. His co-defendant, Williams, pleaded guilty to the same charges on May 14, 2020. The wire fraud conspiracy charge carries a maximum penalty of 20 years in prison and a $250,000 fine. The interstate transportation of stolen property charge carries a maximum prison term of 10 years and a $250,000 fine. The statutory maximum penalty for the money laundering conspiracy charge is 20 years in prison and a $500,000 fine.
The charges in the indictment for the alleged conduct of the third co-defendant, Donna Gravers, are still pending and they are considered allegations. The defendant is presumed innocent until proven guilty beyond reasonable doubt in a court of law.
In making today’s announcement U.S. Attorney Murray commended the FBI, USPIS, and the Mint Hill Police Department for their investigation of this case.
Assistant United States Attorneys Kenneth M. Smith and Caryn D. Finley, of the U.S. Attorney’s Office in Charlotte, are prosecuting the case.
In March 2019, Andrew Murray, U.S. Attorney for the Western District of North Carolina, announced the Office’s Elder Justice Initiative, which aims to combat elder financial exploitation by expanding efforts to investigate and prosecute financial scams that target seniors; educate older adults on how to identify scams and avoid becoming victims of financial fraud; and promote greater coordination with law enforcement partners. For more information please visit: /usao-wdnc/elder-justice-initiative
Tulsa Man Faces Child Pornography ChargesRead the Press Release
A Tulsa man made an initial appearance today in federal court for child pornography charges stemming from a Carter County Sheriff’s Office investigation, announced U.S. Attorney Trent Shores.
Kevin Edward Swarthout, 47, is charged with possession of child pornography and distribution of child pornography.
“There are no more serious criminal allegations than those involving the sexual exploitation of children. The possession and distribution of child pornography is not only criminal, it is abhorrent,” said U.S. Attorney Trent Shores. “This investigation is a reminder that even during these uncertain times, state, local, county, and federal law enforcement officials are working to protect our children from child predators.”
On Dec. 25, 2019, the Carter County Sheriff’s Department conducted an online investigation through a file sharing network. They received 21 files of child pornography from a specific IP address during the course of their investigation. On Feb. 18, 2020, officers received the subscriber’s information for the IP address. The subscriber was located at a physical address in Tulsa.
On May 12, 2020, the Tulsa Police Department Cyber Crimes Unit, Oklahoma State Bureau of Investigation, and Homeland Security Investigations executed a search warrant of the premises. Swarthout was present during the search. Detectives and agents located multiple digital devices allegedly belonging to Swarthout, including a Samsung tablet and SD cards. According to the Criminal Complaint, investigators discovered 100 images and videos of child pornography on the tablet, many depicting adults engaging in sexual intercourse with prepubescent children. They also found an additional 124 images of child pornography on a micro SD card. Investigators are continuing to search other SD cards discovered.
The National Center for Missing and Exploited Children will analyze the images found by investigators in order to identify known and unknown child sexual assault victims.
The Complaint also alleges that during the search, Swarthout stated that he lived at the residence, paid half the utilities including the cable bill, and had previous convictions for child pornography. 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 Carter County Sheriff’s Department, Tulsa Police Department, Oklahoma State Bureau of Investigation, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations are the investigative agencies. Assistant U.S. Attorney Christopher J. Nassar is 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.
Toledo couple indicted for fraudulent medical care schemeRead the Press Release
A federal grand jury in Toledo, Ohio returned a four-count indictment today charging Sherry-Ann Jenkins, age 55, and Dr. Oliver H. Jenkins, age 57, both formerly of Ottawa Hills, Ohio, on one count each of conspiracy, mail fraud, wire fraud, and health care fraud in connection with their development and operation of the Toledo Clinic Cognitive Center from approximately 2013 through 2016.
According to the indictment filed for this case, from November 2013 to March 2016, Dr. Sherry-Ann Jenkins and Dr. Oliver Jenkins operated a business known as the Toledo Clinic Cognitive Center to diagnose and treat patients with cognitive disorders, particularly those suspected of suffering from dementia and Alzheimer ’s disease. The Center would later become a formal part of the Toledo Clinic. Dr. Oliver Jenkins was to serve as the Cognitive Center’s Medical Director, and Dr. Sherry-Ann Jenkins would serve as the Center’s Director, responsible for overseeing the day-to-day operations. Dr. Sherry-Ann Jenkins had no clinical education, training, or certification. Defendant Sherry-Ann Jenkins had no medical background, affiliation, or licenses to provide medical care of any type.
Immediately following the opening of the Cognitive Center in 2014, Dr. Sherry-Ann Jenkins began performing as a fully qualified and licensed physician or psychologist. She began assessing, diagnosing, and treating patients for perceived cognitive disorders. She would often order PET scans, which she was unqualified to do, for her patients, and then used the scan results to diagnose a patient with a cognitive disorder. She would then bill these patients for her time as a physician using Dr. Oliver Jenkins National Provider Identifier (NPI) number. Dr. Oliver Jenkins never saw these patients for cognitive care.
The defendants never disclosed that Dr. Sherry-Ann Jenkins was neither trained nor licensed to provide any type of medical care or that Dr. Oliver Jenkins, who was licensed to provide medical care, was rarely present.
Dr. Sherry-Ann Jenkins billed patients and federal health care benefits programs, Medicare and Medicaid, for services for which she was not eligible to bill, were unnecessary, or never performed, and made it appear that Dr. Oliver Jenkins was the rendering provider.
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, each 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 preceding the indictment was conducted by the Federal Bureau of Investigation in Toledo, Ohio, the United States Department of Health and Human Services, Office of Inspector General in Cleveland, Ohio, the Ohio Attorney General’s Medicaid Fraud Control Unit, and the Ohio State Medical Board. The case is being prosecuted by Assistant U.S. Attorneys Gene Crawford and Brian McDonough.
Three Deer Hunters Charged with Lacey Act Violations on Fort RileyRead the Press Release
TOPEKA, KAN. – Three men are charged in federal court on Fort Riley with illegally hunting whitetail deer in off-limit areas located on Fort Riley where explosives are discharged during training exercises, U.S. Attorney Stephen McAllister said.
The misdemeanor charges allege the men violated the federal Lacey Act while hunting white-tail deer on the grounds of the Army base over the past few years. An investigator’s affidavit alleges the hunters disregarded the posted “off-limits” area, entering before daylight and leaving after dark.
Charged in the case are:
Gregory J. Frikken, 55, Wamego, Kan., one count of criminal trespass, two counts of conspiracy to commit criminal trespass, four counts of Lacey Act violations, one count of conspiracy to commit Lacey Act violations.
James C. Nunley, 32, Wamego, Kan., five counts of Lacey Act violations, one count of criminal trespass and one count of conspiracy to commit criminal trespass.
Michael J. Smith, 55, Watertown, N.Y., one count of criminal trespass, one count of conspiracy to commit criminal trespass, three counts of Lacey Act violations, one count of conspiracy to violate the Lacey Act.
Investigators recovered evidence including deer mounts, antlers, phone data and equipment allegedly used to harvest eight whitetail deer, three of which are considered trophy class.
If convicted, the defendants could face up to one year in jail, maximum $10,000 fine and a mandatory $25 special assessment fee for each Lacey Act Violation which also could include, civil forfeiture and a loss of their federal hunting privileges.
Investigating agencies included the Directorate of Emergency Services, Fort Riley Conservation Law Enforcement Officers, the Kansas Department of Wildlife, Parks and Tourism and the New York State Environmental Conservation Office. Special Assistant U.S. Attorney Robin A. Graham is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
St. Louis Woman Sentenced to Two Years' Imprisonment for Identity Theft and Credit Card TheftRead the Press Release
St. Louis, MO – Laronda Louis, 32, of St. Louis, Missouri, was sentenced to a mandatory term of twenty-fourth months in prison and 1 year of supervised release in prison for aggravated identity theft in connection with credit card theft. Louis appeared in federal court today before U.S. District Judge Henry Autrey.
According to court documents, Louis and her co-defendant, Deandre Dugger, worked together to steal credit cards from staff at local boutiques and retail stores. Louis would distract the boutique staff as Dugger stole personal credit cards from staff members. Louis and Dugger then used the stolen credit cards to make purchases at various area stores, all without the knowledge of the victims. Louis was ordered to pay $35,865.98 in restitution for the losses she and Dugger caused through their theft.
The case was investigated by the Secret Service, and Assistant U.S. Attorney Gwendolyn Carroll handled the case for the U.S. Attorney’s Office.
St. Louis Man Sentenced for Felon in Possession of a FirearmRead the Press Release
St. Louis, MO –Carlos O’Connor, 22, St. Louis, Missouri, was sentenced to 26 months in prison for being a felon in possession of a firearm. O’Connor appeared today before U.S. District Judge Henry E. Autrey.
According to the plea agreement, on June 20, 2019, O’Connor was a passenger in a speeding Mustang. An officer with the Maryland Height Police Department observed O’Connor throw a firearm from the vehicle. After the officer conducted a traffic stop, two firearms were located in the rear seat of the Mustang, a 9mm Taurus pistol and a .22 caliber Beretta pistol.
Officers recovered the gun that O’Conner was seen throwing out the window, a stolen Colt .32 pistol. O’Conner admitted to possession of the stolen Colt .32 pistol.
This case was investigated by the Maryland Heights Police Department and the Drug Enforcement Administration.
Springfield Man Pleads Guilty to Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Missouri, man pleaded guilty in federal court today to his role in a conspiracy that distributed at least 15 kilograms of methamphetamine in a three-county area.
Jordan H. Williamson, 31, pleaded guilty before U.S. District Judge M. Douglas Harpool to participating in a conspiracy to distribute methamphetamine.
By pleading guilty today, Williams admitted that he participated in a conspiracy to distribute methamphetamine in Cass, Greene, and Miller counties from May 14, 2017, to June 20, 2018. Williamson received methamphetamine to distribute from co-conspirator Christina E. Gauger, 39, of Springfield.
According to today’s plea agreement, Gauger was obtaining at least one pound of methamphetamine for distribution every week of the conspiracy. Investigators seized approximately 2.5 kilograms of methamphetamine during the investigation.
Williamson is the fourth defendant to plead guilty in this case. Gauger and Robin L. Self, 37, of Springfield, have pleaded guilty and await sentencing. Jacob B. Piatchek, 26, of Springfield, pleaded guilty and was sentenced to four years in federal prison without parole.
Under federal statutes, Williamson is 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 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 Byron H. Black. It was investigated by the Springfield, Mo., Police Department, the Missouri State Highway Patrol, the Cass County, Mo., Sheriff’s Department, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Somerset Man Sentenced to 128 Months for Drug TraffickingRead the Press Release
LONDON, Ky.- A Somerset, Kentucky, man, Tommy Vaughn, 42, was sentenced in federal court on Tuesday to 128 months in prison, by U.S. District Judge Robert Wier, for conspiring to distribute five grams or more of methamphetamine and heroin.
According to Vaughn’s plea agreement, he admitted that beginning in October 2018 through February 2019, Vaughn conspired to others to distribute five grams or more of methamphetamine and heroin that he obtained from a source of supply in Richmond, Kentucky. Vaughn was previously convicted of Trafficking in a Controlled Substance- First Degree in Kentucky state court in 2006. .
Under federal law, Vaughn must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for 8 years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, Special Agent in Charge, FBI Louisville Field Office; and Sheriff Greg Speck, Pulaski County Sheriff’s Department, jointly made the announcement.
The investigation was directed by the FBI and Pulaski County Sheriff’s Department. The United States was represented by Assistant U.S. Attorney Jenna Reed.
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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Scottish Man Pleads Guilty to Obstruction of JusticeRead the Press Release
BOSTON – A Scottish man who was previously employed by Global Premier Soccer LLC (GPS), a youth soccer organization, pleaded guilty today in federal court in Boston to obstructing justice.
Gavin MacPhee, 34, pleaded guilty to one count of destruction, alteration, or falsification of records in a federal investigation. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for Sept. 21, 2020.
MacPhee used his access to GPS’s information technology platform to delete an email account and other files related to an ongoing criminal investigation. A search at GPS’s corporate headquarters was executed in October 2019. Thereafter, with full knowledge of the federal investigation and the relevance of those materials, MacPhee deleted at least one email account for an individual who had since left the company, and with whom he had a close relationship.
The charging statute provides for a sentence of 20 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Labor Racketeering and Fraud Investigation, New York Regional Office; and William B. Gannon, Special Agent in Charge of the U.S. Department of State, Bureau of Diplomatic Security Service, Boston Field Office made the announcement today. Valuable assistance was also provided by the United States Citizenship and Immigration Services, Fraud Detection and National Security Unit. HSI’s Document and Benefit Fraud Task Force, a specialized investigative group comprised of various local, state and federal agencies, conducted this investigation. Assistant U.S. Attorney Jordi de Llano, Deputy Chief of Lelling’s Securities and Financial Fraud Unit, and Assistant U.S. Attorney Mackenzie Queenin of Lelling’s Cybercrime Unit are prosecuting the case.
San Diego, California Woman Sentenced to 7 Months for Possession of Counterfeit ObligationRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Marilyn Murillo, age 24, of San Diego, California was sentenced to 7 months’ imprisonment, and 2 years of supervised release for Possession Of Counterfeit Obligation Of The United States, in violation of Title 18, United States Code, Section 474(a). The charges arose from an investigation by the United States Secret Service and the Oklahoma Highway Patrol.
The Information alleged that on April 19, 2019, in the Eastern District of Oklahoma, the Defendant knowingly had in her possession and custody, with intent to sell or otherwise use, approximately seventeen falsely made and counterfeited one-hundred-dollar Federal Reserve Notes, Series 2009, Serial No. JK74046183A, made after the similitude of obligations issued under the authority of the United States.
United States Brian J. Kuester said, “The Oklahoma Highway Patrol and the United States Secret Service prevented thousands in counterfeit currency from entering the stream of commerce. The defendant was brought to justice and countless would-be victims were protected from loss that could have resulted if the counterfeit had not been intercepted.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Rob Wallace represented the United States at the sentencing hearing.
Residence searched; Warwick Man Arrested on Child Pornography ChargesRead the Press Release
PROVIDENCE – FBI agents, members of the FBI Boston Division’s Human Trafficking Child Exploitation Task Force, and members of local and state law enforcement today executed a federal court authorized search of a Warwick residence, culminating in the arrest of a Warwick man on child exploitation charges.
James Diggins, 47, made an initial appearance Wednesday afternoon before U.S. District Court Magistrate Judge Patricia A. Sullivan on a federal criminal complaint charging him with receiving and distributing child pornography and possession of child pornography, announced United States Attorney Aaron L. Weisman and Special Agent in Charge of the FBI Boston Division Joseph R. Bonavolonta.
According to court documents, it is alleged that an undercover FBI Task Force Officer in Green Bay, Wisconsin, posing in an undercover capacity as a 40-year old female from Wisconsin, entered multiple online public groups which appeared to have been created for individuals interested in child sexual abuse material. It is alleged that Diggins was a member of one of those groups when multiple videos and images containing child sexual exploitation materials were shared, at one point commenting on the recycling of videos he shared with the group.
It is also alleged in court documents that during a private online chat with the undercover law enforcement officer, Diggins sent the officer videos depicting child exploitation and a live photo of himself.
During a search of Diggins' residence today, an FBI agent seized an electronic device allegedly belonging to Diggins which was found to contain images and videos of child pornography.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Diggins was released on unsecured bond to home incarceration and electronic monitoring following his appearance in U.S. District Court in Providence.
The case is being prosecuted by Assistant U.S. Attorney John J. McAdams.
United States Attorney Aaron L. Weisman and Special Agent in Charge of the FBI Boston Division Joseph R. Bonavolonta thank agents from the Milwaukee Division of the FBI, the Winnebago County Sherriff’s Office, U.S. Marshals Service in Providence, the Warwick, Cranston, Providence, Central Falls, Pawtucket and Woonsocket, Rhode Island Police Departments, and Rhode Island State Police for their assistance.
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Previously Convicted Felon from Newark who Shot Another Individual admits to Possession of Firearm and AmmunitionRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man who is a previously convicted felon admitted today to possessing a firearm and ammunition in connection with an incident in which he shot another individual, U.S. Attorney Craig Carpenito announced.
Andre Shoulars, 27, of Newark, pleaded guilty by teleconference before U.S. District Judge Esther Salas to an indictment charging him with one count of possession of a firearm and ammunition by a convicted felon.
According to documents filed in this case and statements made in court:
On Nov. 4, 2018, at approximately 2:30 p.m., the victim was in the area of 340 Hawthorne Avenue in Newark, speaking with another individual. Shoulars approached the victim, pulled out a semiautomatic handgun, and began firing several shots at the victim. Although the victim was able to run away as Shoulars fired the handgun, the victim was hit in the foot with one .40 caliber bullet fired by Shoulars. The victim was treated at a hospital for the bullet wound.
Newark police officers responded to the scene of the shooting and recovered five .40 caliber shell casings from the street. Officers also recovered videotapes from several surveillance cameras which were stationed in the area of the shooting. These videotapes showed Shoulars walking around in the area just before the shooting, and also showed Shoulars shooting at the victim and then running away.
The charge to which Shoulars pleaded guilty carries a maximum penalty of 10 years in prison and a fine of up to $250,000. Sentencing is scheduled for Sept. 21, 2020.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local and tribal authorities in investigating and prosecuting gun crimes; improves information sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/projectguardian.
U.S. Attorney Carpenito credited the U.S. Marshals Service, under the direction of U.S. Marshal Juan Mattos Jr., and the Newark Police Department, under the direction of Public Safety Director Anthony F. Ambrose, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Jonathan W. Romankow of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
Premier Medical Associates Agree to Pay $750,000 to Resolve Claims of False BillingRead the Press Release
Tampa, FL – United States Attorney Maria Chapa Lopez announces today that Premier Medical Associates (PMA), a medical practice located in The Villages, Florida, has agreed to pay $750,000 to resolve allegations that it violated the False Claims Act. As part of the settlement, the United States contends that it has certain civil claims against PMA related to PMA’s billing of federal healthcare programs for services that were not medically necessary and reasonable.
Specifically, the government alleges that PMA knowingly billed for higher and more expensive levels of medical services than were actually performed and also billed for certain claims using “modifier 25,” indicating that a separate evaluation and management service was performed, even when there was no such separate service.
“This settlement reflects our continuing efforts to protect patients and taxpayers by ensuring that the care provided to beneficiaries of government-funded healthcare programs is dictated by patient needs, not a provider’s financial gain,” said U.S. Attorney Chapa Lopez. “We will continue to hold health care providers accountable when they misrepresent the services billed to our federal healthcare programs and their patients.”
The resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
This matter was investigated by the U.S. Department of Health and Human Services – Office of Inspector General. It was handled by Assistant United States Attorney Sean Keefe.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Pennington Gap Man Sentenced for Role in Drug ConspiracyRead the Press Release
ABINGDON, VIRGINIA. – Travis Ryan Skaggs, a Pennington Gap, Va. man who participated in a conspiracy with 20 others to distribute methamphetamine in Wise and Lee counties in Southwest Virginia, was sentenced on Wednesday in U.S. District Court in Abingdon to 180 months in federal prison on federal drug charges, United States Attorney Thomas T. Cullen announced.
Travis Ryan Skaggs, 31, previously pleaded guilty to one count of conspiring to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, and one count of possession with the intent to distribute and distributing methamphetamine.
According to court documents, Skaggs was one of 21 defendants charged in a May 29, 2019 indictment alleging a conspiracy to distribute methamphetamine throughout Wise and Lee counties in Southwest Virginia. Skaggs’s role in the conspiracy was purchasing significant quantities of methamphetamine from higher-ranking members of the conspiracy and then distributing it downstream. Skaggs also was found to be in possession of a distribution quantity of methamphetamine while serving jail time at Southwest Virginia Regional Jail.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Southwest Virginia Drug Task Force, which is comprised of the Scott County Sheriff’s Office, Lee County Sheriff’s Office, Wise County Sheriff’s Office, Dickenson County Sheriff’s Office, Norton Police Department, Big Stone Gap Police Department, and the Virginia State Police. Assistant United States Attorneys Lena Busscher, Jonathan Jones, and Anthony P. Giorno prosecuted the case for the United States.
Newton County Man Pleads Guilty to Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – A Stella, Missouri, man pleaded guilty in federal court today to his role in a conspiracy to distribute methamphetamine.
Nathen D. Libertus, 30, pleaded guilty before U.S. District Judge M. Douglas Harpool to participating in a conspiracy to distribute methamphetamine in Newton County and Barry County, Missouri, from April 30, 2017, to Jan. 20, 2019.
A McDonald County, Missouri, sheriff’s deputy was passed by a vehicle on West 76 Highway on Nov 10, 2017. The black Cadillac CTS appeared to have something dragging off the back of the vehicle, causing sparks on the roadway. As the deputy attempted to get behind the vehicle, it sped off and nearly spun out. The deputy initiated his emergency lights and the vehicle, which was being driven by a woman (not identified in court documents) with arrest warrants, was stopped. The deputy searched the vehicle and found a plastic bag that contained approximately 332.74 grams of methamphetamine and a total of $6,952 in cash. Inside the bag with the methamphetamine and cash was a wallet with Libertus’s driver’s license.
On March 29, 2018, a sergeant with the Newton County Sheriff’s Department responded to an address in reference to a suspicious vehicle. Once he got there, he saw a grey/silver colored Chevrolet Camaro with Oklahoma plates in the driveway. He pulled in behind the vehicle and approached, knocking on the window and the roof to get Libertus, the driver, to exit. Libertus refused to do so and instead started the vehicle and attempted to flee by driving through the yard. The vehicle got stuck on some shrubbery, a fence, and a cinderblock, and Libertus was unable to go any farther. Libertus bailed out of the vehicle and ran west through the woods with officers in pursuit. After a quarter-mile foot chase, Libertus came to a stop but had to be tased before he could be taken into custody. Officers searched Libertus and found approximately $4,430 in his pants pockets. Officers found another $1,591 in the vehicle, along with a scale that tested positive for methamphetamine, a glass bong, two cell phones, and other drug paraphernalia.
On April 9, 2018, investigators saw Libertus and the woman from the Nov. 10, 2017, arrest arrive together in a Chrysler 300 at a Newton County residence where they were about to execute a search warrant. The Chrysler pulled into the driveway, maneuvered around several parked vehicles, and continued about 100 yards into a wooded area immediately south of the residence. Libertus and two others attempted to conceal the Chrysler 300, which has been reported stolen, with tarps. When officers arrived, Libertus ran into the wooded area. As a Newton County detective arrived, he saw Libertus spring from the east side of the street and start running down the street. The detective drove toward him. Libertus then tried to cut back onto the property, however, there was a steep hillside and he was unable to make it up the hill. He turned around and ran across the street and into the driveway. He tried to shut the cattle gate so the detective couldn’t follow him in his vehicle, but was unable to, then attempted to run again. He tripped on some shrubbery, got up, tried to run, and then tripped on some more shrubbery and fell down again. The detective was then able to take him into custody. Libertus had $1,240 in his wallet and a key to the Chrysler 300 in his pocket.
The detective found a hollowed out railroad tie near the vehicle. Inside was a camouflage box that contained a Ziploc bag of approximately 396 grams of methamphetamine, a used methamphetamine pipe, several distribution bags with methamphetamine residue in them, a bag of suspected marijuana, several bags of suspected synthetic marijuana, and a digital scale with suspected methamphetamine residue. Another detective found a hollowed-out log nearby that contained a black box with approximately two grams of methamphetamine.
On Sept. 4, 2018, a man in Newton County called emergency services after finding Libertus passed out behind the wheel in the middle of the roadway. A Newton County deputy attempted to wake Libertus several times; he finally started awake and said “I don’t have any money.” Libertus denied consent to search the vehicle, but one of the deputies saw a green and yellow bong between the driver’s seat and the passenger’s front seat. A detective went to seize the bong and noticed a black metal combination safe. The detective picked up the safe and it fell open, revealing numerous jewelry bags commonly used to package drugs as well as bags containing methamphetamine residue, gel caps, a set of digital scales with methamphetamine residue on them, and a bag containing a distributive amount of methamphetamine. Libertus had approximately $1,245 in his pocket.
Under federal statutes, Libertus is 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 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 Josephine L. Stockard. It was investigated by the FBI, the Ozarks Drug Enforcement Team, and the Newton County, Mo., Sheriff’s Department.
New York Man Indicted on Transmitting a Threat in Interstate Commerce to N.C. Judicial BranchRead the Press Release
RALEIGH, N.C. – A federal grand jury returned an indictment charging a man from Warren County, New York, with transmitting threatening communications in interstate commerce.
According to the Indictment, Frederick Eli Knapp, age 51, transmitted from New York to North Carolina communications via Facebook and e-mail to the North Carolina Judicial Branch and employees with the Administrative Office of the Courts. As alleged in the Indictment, Knapp stated that he would kill judges, court employees, and people in courthouses.
If convicted, Knapp faces a maximum imprisonment term of 5 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement. The Federal Bureau of Investigation and the Marshal’s Office of the Supreme Court of North Carolina are investigating the case.
A copy of this press release is located on our website.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
New Jersey Man Charged with Federal Program TheftRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on May 19, 2020, Eliseo Sierra, age 43, of New Jersey, was charged in a criminal information with embezzling over $34,000 from Lincoln Charter School in York, Pennsylvania.
According to United States Attorney David J. Freed, Sierra committed the crime in May 2014, while employed at Lincoln Charter School as a school operations manager. During that time, the school received grants funded by the U.S Department of Education.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Carlo D. Marchioli is prosecuting the case.
Criminal informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is imprisonment for ten years, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Montgomery Man Pleads Guilty to Possession of Child PornographyRead the Press Release
Montgomery, Alabama – On Wednesday, May 20, 2020, Charles Bennett Salter III, a 38-year-old resident of Montgomery, Alabama, pleaded guilty to possession of child pornography, announced United States Attorney Louis V. Franklin, Sr.
According to court records, in February 2018, an agent from the Alabama Law Enforcement Agency (ALEA) discovered online activity that caused him to suspect Salter was using a file sharing program to obtain images and videos containing child pornography. On March 15, 2018, law enforcement executed a search warrant on his residence in Montgomery and seized multiple electronic devices. When agents analyzed the devices, they found more than 3,000 images and 86 videos of child porn. The images were also examined by the National Center for Missing and Exploited Children (NCMEC), which identified more than 1500 images with known victims. Law enforcement is not aware of any victims in the local area.
During his detention hearing in December, more details from the search of Salter’s residence surfaced. In addition to the illegal images and videos discovered on his electronic devices, agents found numerous female dolls of various sizes, children’s underpants, and white duct tape in his bedroom. Investigators also found over 400 additional images of children on Salter’s cell phone. These images were not pornographic, but were of clothed minors taken at various public places, such as stores and restaurants. The photos appeared to have been taken without the minors’ knowledge.
Salter’s sentencing hearing will be scheduled in the next few months and he is facing up to 20 years in prison and a fine up to $250,000.00. He will also be subject to a period of supervised release from five years to life.
“Protecting our children is one of law enforcement’s most important responsibilities,” stated U.S. Attorney Franklin. “Those who possess and share child pornography are predators who prey on children and rob them of their innocence. While we cannot fully restore what is lost, we can make sure that justice is served upon those who abuse children. Salter’s crimes are disturbing, and I am grateful that we could work together with our law enforcement partners to stop him before he could inflict more harm.”
This case was investigated by the Alabama Law Enforcement Agency (ALEA), with assistance from the Montgomery Police Department, the Prattville Police Department, the Tallassee Police Department, and the United States Marshals Service. Assistant United States Attorneys Russell Duraski and Hollie Reed are prosecuting the case.
Monroeville Man Charged with Possessing MethamphetamineRead the Press Release
PITTSBURGH – A resident of Monroeville, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of possession with intent to distribute 50 grams or more of methamphetamine, United States Attorney Scott W. Brady announced today.
The one-count Indictment, returned on May 20, named Boris Goldshtein, 53, as the sole defendant.
According to the Indictment, on or about February 27, 2020, Goldshtein unlawfully possessed with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine.
For Goldshtein’s offense, the law provides for a maximum total sentence of 40 years imprisonment, a fine of not more than $5,000,000, 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 of the defendant.
Assistant United States Attorney David Lew is prosecuting this case on behalf of the government.
The U.S. Postal Inspection Service, Pittsburgh Bureau of Police, Pennsylvania Attorney General’s Office, and Monroeville Police Department 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.
Monmouth County Man admits Role in Multi-State Patient Brokering and Bribery SchemeRead the Press Release
TRENTON, N.J. – A Monmouth County, New Jersey, man today admitted participating in a conspiracy to defraud health insurance companies through a multi-state patient brokering scheme in which he bribed drug-addicted individuals to enroll in drug rehabilitation in exchange for referral fees from the rehabilitation centers, U.S. Attorney Craig Carpenito announced.
Peter J. Costas, 26, of Red Bank, New Jersey, pleaded guilty by teleconference before U.S. District Judge Peter G. Sheridan to an information charging him with one count of conspiracy to commit health care fraud.
According to documents filed in the case and statements made in court:
Costas helped orchestrate a scheme in New Jersey, California, and other states that involved bribing individuals addicted to heroin and other drugs to enter into drug rehabilitation centers so Costas and his conspirators could generate referral fees from those facilities.
Costas worked with several marketing companies to carry out the scheme, but one marketing company in California run by Costas’s conspirators was pivotal. The marketing company maintained contractual relationships with drug treatment facilities around the country. Costas was engaged by the marketing company to recruit potential patients, who were addicted to heroin or other drugs and who had robust private health insurance, from New Jersey and other states.
To convince drug-addicted individuals to travel to and enroll in rehabilitation when they otherwise would not have, Costas offered to bribe them – often as much as several thousand dollars. Once they agreed to enroll in drug rehabilitation in exchange for the offered bribe, Costas and the owners of the marketing company would arrange and pay for cross-country travel to the drug treatment centers in California and other states. Costas would stay in touch with the New Jersey patients at the facilities and specifically instruct them to stay at the facilities long enough to generate referral payments.
Costas and the marketing company often directed patients to different rehabilitation facilities month after month to generate multiple referral payments without regard to whether the substance abuse treatment was medically necessary or effective. In a conversation over Facebook, one patient told Costas that if Costas made good on his promise to pay the patient a bribe, the patient would enroll in additional facilities to trigger additional referral payments and bribes: “[J]ust get us [sic] grab the dough and put us in another place. . . . Get paid some more feel me. . . . I’ll keep this up all year wit[h] you. As long as you do us right.” When the patient later expressed doubt that Costas would pay the bribe, Costas responded, “Don’t worry. . . . I do this with SO MANY PPL [people].”
Costas and the marketing company sent patients to facilities in California and other states that they knew provided ineffective drug treatment or actually fostered drug use on their premises. The facilities typically paid the marketing company a fee of $5,000 to $10,000 per patient referral, and Costas and other brokers received approximately half that amount for each patient they brokered. During the scheme, Costas brokered dozens of patients on behalf of marketing companies around the country, and the conspiracy caused millions of dollars of losses for health insurers.
Costas faces a maximum potential penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for Sept. 29, 2020.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Jason S. Gould of the Health Care Fraud Unit in Newark.
Mandeville Resident and Former Department of Energy Contractor Sentenced to 3 Years Probation for Accessing Government Computer System without Authorization and Recklessly Causing over $23,000 Worth of DamageRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that GARY PETER SIMON, JR., age 56, a resident of Mandeville, Louisiana, was sentenced on May 19, 2020 to (3) three years probation by United States District Judge Greg G. Guidry after previously pleading guilty to intentionally accessing a protected computer without authorization and recklessly causing damage resulting in loss of more than $5,000 during one year, in violation of 18 U.S.C. '' 1030(a)(5)(B) and 1030(c)(4)(A). SIMON was also ordered to perform 200 hours of unpaid community service, pay a $100 special assessment fee, and restitution to the victim in the amount of $23,200.
According to court documents, The Strategic Petroleum Reserve Office (SPRO) was a component of the Department of Energy that was responsible for, among other things, overseeing and maintaining the readiness of the United States’ stockpile of emergency crude oil, which was stored along the coastline of the Gulf of Mexico. DOE SPRO operated a restricted cloud-based computer system to handle a variety of functions, including documenting daily activity. SIMON, who was employed as a contractor for DOE SPRO from September 2007 until August 2018, worked in the Emergency Management Directorate and was responsible for, among other things, IT management of SPRO network applications. He was one of two individuals who knew the username and password of the Administrative Account.
After SIMON resigned from his contracting agency, in about August 2018, he was no longer authorized to access the DOE SPRO computer systems. Nevertheless, on about October 21, 2018, SIMON intentionally accessed the DOE SPRO cloud-based system remotely without authorization. After SIMON accessed the system, he altered and deleted various files. As a result of the intrusion and subsequent manipulation of protected data, operators were unable to access their log views on the computer system, and they could not annotate work they completed electronically. The computer system remained compromised for approximately 2-3 hours after the discovery of the unauthorized access. Thereafter, SIMON used the account of a current SPRO employee without that employee’s authorization, to make changes to log views and to attempt to delete audit log files. SIMON’S actions resulted in loss to the DOE, in the form of costs associated with responding to the offense, conducting a damage assessment, and restoring data, program, system, and information to its pre-offense condition, in the amount of approximately $23,200.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg, supervisor of the Public Corruption Unit, is in charge of the prosecution.
Man Indicted for Conspiracy to Produce Images of Child Sexual AbuseRead the Press Release
NEWPORT NEWS, Va. – A federal indictment was unsealed today charging a Mathews County man with production of child pornography and coercion and enticement of a child.
According to the indictment, William Wellington Hooper, Jr., 53, and a charged co-conspirator conspired together to produce child pornography of a child identified as Jane Doe 1.
Hooper is charged with conspiracy to produce child pornography, production of child pornography and two counts of coercion and enticement of a child. If convicted, Hooper faces mandatory minimums of 15 years in prison on the conspiracy and production charges and 10 years in prison on the coercion and enticement charges. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Raymond Villanueva, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C.; and L. Mark Barrick, Sheriff of Mathews County, made the announcement. Assistant U.S. Attorneys Lisa McKeel and Howard Zlotnick are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:20-cr-18.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
Los Angeles-Area Nursing School Agrees to Comply with Federal Law by Allowing Deaf Students to Attend Its Training ProgramsRead the Press Release
LOS ANGELES – Angeles Institute, a for-profit nursing school based in Artesia, has agreed to comply with the Americans with Disabilities Act (ADA) by allowing individuals who are deaf or hard of hearing to enroll. As part of a settlement agreement with the United States, the school also agreed to provide auxiliary aids and services necessary to ensure effective communication to these students.
The settlement, which was finalized today, resolves allegations that Angeles Institute denied a prospective student admission to its nursing assistant program because he is deaf. The ADA prohibits public accommodations, including private educational institutions like Angeles Institute, from denying access to their programs or services to individuals with disabilities.
Under the settlement agreement, Angeles Institute must:
- modify its policies to clarify that prospective students cannot be denied admission because of a disability;
- provide interpreters or other auxiliary aids and services free of charge when necessary to ensure effective communication with students and prospective students;
- modify its courses if necessary to ensure they are accessible to individuals with disabilities;
- appoint an ADA Coordinator to ensure that students with disabilities have equal access to the school’s programs and services; and
- pay $10,000 to the complainant and a $5,000 civil penalty to the United States.
Assistant United States Attorney Matthew Nickell of the Civil Division’s Civil Rights Section handled this matter.
Angeles Institute fully cooperated with the government’s investigation.
This year marks the ADA’s 30th anniversary. The Department of Justice plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living and economic self-sufficiency for people with disabilities.
Lincoln Man Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Dylan D. Dahlgren, 27, of Lincoln, Nebraska, was sentenced today to 19 years and seven months in federal prison by Chief United States District John M. Gerrard for possession with intent to distribute 50 grams or more of actual (pure) methamphetamine. There is no parole in the federal system. Following the prison term, Dahlgren will serve five years on supervised release.
In August of 2019, narcotics investigators received information indicating that a package containing 10 pounds of methamphetamine was being sent to Dahlgren through the mail. U.S. Postal Inspectors found a package addressed to the home of one of Dahlgren’s relatives in Lincoln and scheduled for delivery on August 15, 2019. The package was mailed from California and was big enough to contain 10 pounds of methamphetamine. The package was seized and searched. It contained five packages of methamphetamine, containing at least 1,600 grams of methamphetamine actual. On August 16, 2019, investigators made a controlled delivery of the package, containing one of the five packages of methamphetamine, to Dahlgren at the Lincoln residence of his relative. Dahlgren was arrested. The house was searched, and the package was found inside the residence.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force and the Drug Enforcement Administration (DEA).
Lexington Man Pleads Guilty to Fentanyl TraffickingRead the Press Release
LEXINGTON, Ky. - A Lexington man, Lamar Van Williams, pleaded guilty in federal court on Tuesday, to trafficking fentanyl, before U.S. Magistrate Judge Matthew A. Stinnett.
Williams admitted that on July 23, 2019, he was in possession of a digital scale and 23 grams of fentanyl, items he tried to discard while fleeing from the Lexington Police.
Williams was indicted in December 2019.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Jeffrey Todd Scott, Special Agent in Charge, DEA Louisville Field Division; and Chief Lawrence Weathers, Lexington Police Department, jointly announced the guilty plea.
The investigation was conducted by the DEA and Lexington Police Department. The United States was represented by Assistant U.S. Attorney David Kiebler.
Williams is scheduled to be sentenced on September 8, 2020. He faces up to 30 years in prison for the drug trafficking charge. However, any sentence will be imposed by the Court after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
This case was prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), a focused enforcement effort that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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.
— END —Koreatown Man Pleads Guilty to Child Pornography Charges after Coercing Minor Girls to Send Him Sexually Explicit ImagesRead the Press Release
LOS ANGELES – A Koreatown man today pleaded guilty to two child exploitation charges for convincing teenage girls to send him sexually explicit images, and then coercing victims to send more with threats of publishing the images he initially obtained.
Francisco Sanchez, 31, pleaded guilty to two counts of production of child pornography.
In a plea agreement filed in United States District Court, Sanchez admitted that he used websites and computer applications to “meet” minor girls. From 2014 through September 2016, Sanchez used the pseudonym “Eddie Nash” to pose as a teenage boy and develop romantic relationships with his victims so that he could obtain sexually explicit images and videos from them. In some cases, Sanchez convinced his victims to engage in sexually explicit conduct during video chats, which allowed him to take pornographic screen shots of the minors. In other cases, Sanchez threatened to commit suicide to coerce the victims into sending him pictures or videos.
After obtaining sexually explicit images from the girls, Sanchez threatened to publish or otherwise expose the victims if they did not send additional images or videos.
Sanchez “intentionally targeted girls that he knew to be suicidal or despondent, because [he] believed they would be easier to manipulate and control,” Sanchez admitted in the plea agreement.
While Sanchez pleaded guilty to two counts – related to victims who were 13 and 14 – he admitted in his plea agreement that he victimized another five teenage girls.
Sanchez further admitted that he cyberstalked two victims – which included threatening to make one girl “internet famous” by publishing child pornography depicting her – and that he distributed child pornography on a peer-to-peer file sharing network.
Sanchez is scheduled to be sentenced on September 15 by United States District Judge Dolly M. Gee.
Each charge of production of child pornography carries a 15-year mandatory minimum sentence and a maximum statutory penalty of 30 years in federal prison.
After he is released from prison, Sanchez will be required to register as a sex offender.
This matter was investigated by the FBI and the Los Angeles Child Exploitation and Human Trafficking Task Force.
This case is being prosecuted by Assistant United States Attorneys Damaris Diaz of the Violent and Organized Crime Section, and Julia S. Choe of the Cyber and Intellectual Property Crimes Section.
Justice Department Sues Jackson Township over Restrictions on Religious Schools and Housing that Target Orthodox Jewish CommunityRead the Press Release
NEWARK, NJ – The Justice Department today announced that it filed a lawsuit against Jackson Township, New Jersey, and the township planning board alleging they implemented zoning ordinances that intentionally restrict the operation of religious schools and housing associated with such schools, including religious boarding schools known as yeshivas, required by the Orthodox Jewish community.
The complaint alleges that the township passed two ordinances, and the planning board applied those ordinances in a manner that discriminated against the Orthodox Jewish community, in violation of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and the Fair Housing Act (FHA). Both ordinances expressly prohibit dormitories throughout Jackson, making it impossible for religious boarding schools such as Orthodox Jewish yeshivas to establish there. Although Jackson passed these ordinances to prevent dormitories anywhere in Jackson, the planning board has since approved, without requiring a variance, the plans for two nonreligious projects with dormitory-type housing.
“Religious discrimination has no place in our society and runs counter to the founding principles of our nation,” U.S. Attorney Craig Carpenito said. “No religious community should ever face unlawful barriers or be singled out for inferior treatment. This complaint reflects our continued commitment to combat discrimination and unequal treatment.”
“Using zoning laws to target Orthodox Jewish individuals for intentional discrimination and exclude them from a community is illegal and utterly incompatible with this Nation’s values,” Eric Dreiband, Assistant Attorney General for the Civil Rights Division, said. “Let me be clear. The Department of Justice will use the full force of its authority to stop such anti-Semitic conduct and prevent its recurrence.”
The complaint also alleges that the township and planning board enacted the ordinances with respect to religious dormitories against a backdrop of extreme animus by Jackson residents and township decision makers toward the Orthodox Jewish community and a movement by residents to keep Orthodox Jewish community members from settling in Jackson. The complaint alleges that the township and planning board’s actions towards the Orthodox Jewish community violate RLUIPA’s non-discrimination and equal terms provisions, as well as the FHA.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship
In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.
Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339 or the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the U.S. Attorney's civil rights complaint portal or the complaint portal on the Place to Worship Initiative website. Information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php
The government is represented by Assistant U.S. Attorney Kelly Horan Florio of the U.S. Attorney’s Office Civil Rights Unit, and Trial Attorney Beth Frank, U.S. Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section.
Justice Department Recognizes Florida Detectives with Missing Children’s Child Protection AwardRead the Press Release
The Department of Justice today honored six detectives of the Child Exploitation Unit of the Volusia County Sheriff’s Office in Daytona Beach, Florida, for their investigation that resulted in the timely arrest of a child sexual predator and pornographer. The suspect, who admitted to victimizing at least three children, was with young children at the time of his arrest.
The detectives received the Missing Children’s Child Protection Award, which was announced as part of the 37th annual commemoration of National Missing Children’s Day. This award recognizes the extraordinary efforts of law enforcement officers who have made a significant investigative or program contribution to protecting children from abuse or victimization.
“The quick thinking and actions of these detectives resulted in the rescue of two little children — in a matter of hours — from the control of an evil person,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “No longer will this man be able to exploit and hurt them, or other children. The Department of Justice applauds these officers’ successful work to bring him to justice.”
The officers recognized are:
- Detective Chastity Burke
- Detective Dennis Miller
- Detective Keith Earney
- Detective Jason Turner
- Detective Ruben Escobar
- Detective Eugene Mefford
On May 30, 2019, the North Florida ICAC Task Force informed the Volusia County Sheriff’s Office that a suspect had approached an individual online about participating in sexual activities with very young children. The suspect said he would be alone with his nieces, ages 3 and 4, on May 31. The detectives used the suspect’s screen name to identify and locate him, and to execute a search warrant at the residence. Within six hours, they found the suspect with the children and identified them as subjects in a disturbing video. The suspect’s phone revealed hundreds of pornographic images and videos, and the detectives arrested him for child molestation and possession of child pornography.
“The vigilance of this law enforcement unit proves there is a critical need for dedicated and timely investigative work in the fight to stop those who would hurt children, society’s most defenseless,” said Office of Juvenile Justice and Delinquency Prevention Administrator Caren Harp. “The Justice Department commends the Child Exploitation Unit of the Volusia County Sheriff’s Office for bringing this sex offender to justice and for its commitment to stopping further child victimization.”
The department also recognized three other law enforcement officers in Wisconsin and Louisiana, as well as a school bus driver from Florida, for their efforts to find missing children and bring child sexual predators and child pornographers to justice. The department declared Elliana Conrad, a fifth-grader at the Antonia Crater Elementary School in Newberg, Oregon, winner of the 2020 National Missing Children’s Day poster contest.
Due to restrictions resulting from COVID-19, the in-person ceremony to honor the recipients has been canceled. Instead, this website features information about the awardees and statements from Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan and Office of Juvenile Justice and Delinquency Prevention Administrator Caren Harp.
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 is located at www.ojp.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Justice Department Observes National Missing Children’s DayRead the Press Release
The Department of Justice today announced awards to nine courageous individuals, which include law enforcement officers from Wisconsin, Louisiana and Florida, as well as a school bus driver from Florida, for their efforts in finding missing children and bringing child sexual predators and child pornographers to justice.
“The Department of Justice is proud to honor the law enforcement officers and private citizens who showed courage, presence of mind, and an unwavering commitment to protecting children from dangerous predators,” said Attorney General William P. Barr. “We thank these heroes, whose actions made it possible to bring to justice those who attempted to exploit our most innocent and vulnerable citizens.”
“The safety, indeed the very lives, of our nation’s children depend on constant vigilance by skilled professionals and citizens willing to keep a watchful eye on the young people in their charge,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The honors we confer on these exceptional individuals come with our highest respect and our deepest gratitude.”
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.
Today’s announcement is part of the 37th annual commemoration of National Missing Children’s Day. Due to restrictions resulting from COVID-19, the in-person ceremony to honor the recipients has been canceled. Instead, this website features information about the awardees and statements from Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan and Office of Juvenile Justice and Delinquency Prevention (OJJDP) Administrator Caren Harp.
“The vigilance of these law enforcement officers demonstrates the crucial need for dedicated and timely investigative work in stopping those who would hurt children,” said OJJDP Administrator Caren Harp. “We applaud them for returning the missing children, holding sex offenders accountable and stopping further child victimization.”
The recipients of this year’s awards are honored with the following:
Attorney General’s Special Commendation: This commendation recognizes the extraordinary efforts and significant investigative or program contributions of an Internet Crimes Against Children task force or affiliate agency, or an individual assigned to either.
- Recipients: Criminal Investigation Director Matthew Joy, Commander of the Wisconsin Department of Justice’s Internet Crimes Against Children Task Force in Appleton, Wisconsin, and Special Agent in Charge Jesse Crowe, Supervisor of the Internet Crimes Against Children Task Force for the Western District of Wisconsin. Director Joy and SAC Crowe led an urgent search of a house and located a missing 14-year-old girl. She had been transported across state lines by a suspected child molester with whom she had been chatting online. The man received a sentence of 11 years and 3 months in federal prison.
Missing Children’s Citizen Award: This award honors the extraordinary efforts of private citizens for their unselfish acts to recover missing or abducted children safely.
- Recipient: Ms. JoAnn Donovan of Punta Gorda, Florida. When a 15-year-old girl with special needs did not board the school bus that picked her up at her foster home, she was reported missing. As part of their investigation, officers interviewed Ms. Donovan, the bus driver, who told police that the girl had recently been talking on her cell phone with her biological mother, from whose custody she had been removed. An alert yielded a photo of the girl and her mother passing through a tollbooth in another state. Police returned the girl to her foster family unharmed just one day after she went missing, and her mother will spend two years in jail.
Missing Children’s Law Enforcement Award: This award recognizes the extraordinary efforts of law enforcement officers who made a significant investigative or program contribution to the safety of children.
- Recipient: Senior Inspector Gerald Dysart of the U.S. Marshals Service, New Orleans, Louisiana. Mr. Dysart provided the expertise and guidance for Operation Empty Nest in Atlanta, Georgia, which recovered 16 missing children over a span of two weeks. Among the recovered were children who were victims of sex trafficking, exploitation, and sexual and physical abuse.
Missing Children’s Child Protection Award: This award honors the extraordinary efforts of law enforcement officers who made a significant investigative or program contribution on behalf of missing, abused or victimized children.
- Recipients: Detectives Chastity Burke, Dennis Miller, Detectives Keith Earney, Jason Turner, Ruben Escobar and Eugene Mefford, all of the Child Exploitation Unit at the Volusia County Sheriff’s Office in Daytona Beach, Florida. The six detectives rescued two child victims within six hours of executing an emergency search warrant. The suspect was found with the preschool girls, with whom he had appeared in a disturbing video provided to the detectives. A forensic examination of the suspect’s phone showed hundreds of images and videos of child pornography. He was arrested for child molestation and possession of child pornography.
The Department also recognized Elliana Conrad, a fifth-grader at the Antonia Crater Elementary School in Newberg, Oregon, winner of this year’s National Missing Children’s Day poster contest.
In 2019, the FBI’s National Crime Information Center included 421,394 entries for missing children. Additional information about National Missing Children’s Day is available online.
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.
Justice Department Honors Wisconsin Task Force Director and Special Agent for Capture of Child MolesterRead the Press Release
The Department of Justice today awarded the Attorney General’s Special Commendation to Criminal Investigation Director Matthew Joy, Commander of the Wisconsin Department of Justice’s Internet Crimes Against Children Task Force in Appleton, Wisconsin, and Special Agent in Charge Jesse Crowe, Supervisor of the Internet Crimes Against Children Task Force for the Western District of Wisconsin. In January 2019, Director Joy and SAC Crowe led an urgent search to locate a missing 14-year-old girl who had been transported across state lines by a suspected child molester with whom she had been chatting online. The perpetrator was arrested, convicted, and is now serving a sentence of 11 years and 3 months in federal prison.
The announcement is part of the 37th annual commemoration of National Missing Children’s Day. This special commendation recognizes the extraordinary efforts and significant investigative or program contributions of an Internet Crimes Against Children task force or affiliate agency, or an individual assigned to either.
“Director Joy and SAC Crowe are the epitome of persistence and commitment in law enforcement,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice congratulates them on their tireless efforts to bring this child molester to justice, and we stand with the public safety professionals of Wisconsin in their work to protect America’s children.”
“The fierce dedication and determination of Director Joy and SAC Crowe helped bring a sexual predator to justice and rescue a young girl from almost certain harm,” said Office of Juvenile Justice and Delinquency Prevention Administrator Caren Harp. “We applaud their efforts and thank them for their courage and bravery.”
The department also recognized seven law enforcement officers from Louisiana and Florida, as well as a school bus driver from Florida, for their efforts to find missing children and bring child sexual predators and child pornographers to justice. The department declared Elliana Conrad, a fifth-grader at the Antonia Crater Elementary School in Newberg, Oregon, winner of the 2020 National Missing Children’s Day poster contest.
Due to restrictions resulting from COVID-19, the in-person ceremony to honor the recipients has been canceled. Instead, this website features information about the awardees and statements from Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan and Office of Juvenile Justice and Delinquency Prevention Administrator Caren Harp.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants and 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.
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.
Justice Department Honors Louisiana Marshal with Missing Children’s Law Enforcement AwardRead the Press Release
The Department of Justice today awarded Deputy U.S. Marshal Gerald Dysart with the Missing Children’s Law Enforcement Award. Mr. Dysart, who is based in New Orleans, led an operation to recover 16 at-risk children over a period of two weeks.
Announcement of the honor is part of the 37th annual commemoration of National Missing Children’s Day. The Missing Children’s Law Enforcement Award recognizes the extraordinary efforts of officers who have made a significant investigative or program contribution to the safety of children.
“Senior Inspector Dysart exemplifies persistence and commitment in law enforcement,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice congratulates him on his tireless efforts to bring these children home, and we stand with our nation’s federal officers in their work to protect America’s youth.”
Mr. Dysart provided the expertise and guidance that, over several months, forged Operation Empty Nest in April 2019. The Atlanta, Georgia, operation recovered missing children who were victims of sex trafficking, exploitation, and sexual and physical abuse. It involved the U.S. Marshals Service Missing Child Unit, Southeast Regional Fugitive Task Forces, Georgia Bureau of Investigation, and National Center for Missing & Exploited Children (NCMEC).
Mr. Dysart’s involvement began in 2016, when he started the U.S. Marshals Service Missing Child Unit, following passage of the Justice for Victims of Trafficking Act. Without additional staff or funding, he built the unit using existing resources and developed a training curriculum used nationwide. In collaboration with NCMEC, Dysart helped recover 500 critically missing children in just the past two years.
“Senior Inspector Dysart used his extensive experience to prepare and direct the highly successful Operation Empty Nest,” says Office of Juvenile Justice and Delinquency Prevention Administrator Caren Harp. “The Department of Justice praises his expertise and collaborative abilities, which made possible the rescue of 16 children — among our society’s most vulnerable — from evil people who would do them harm.”
The department also recognized eight other law enforcement officers from Wisconsin and Florida, as well as a school bus driver from Florida, for their efforts to find missing children and bring child sexual predators and child pornographers to justice. The department declared Elliana Conrad, a fifth-grader at the Antonia Crater Elementary School in Newberg, Oregon, winner of this year’s National Missing Children’s Day poster contest.
Due to restrictions resulting from COVID-19, the in-person award ceremony has been canceled. Instead, this website features information about the awardees and statements from Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan and OJJDP Administrator Harp.
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 is located at www.ojp.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Justice Department Honors Florida Bus Driver for Return of Missing ChildRead the Press Release
The Department of Justice today presented Ms. JoAnn Donovan with the Missing Children’s Citizen Award. Ms. Donovan, a school bus driver from Punta Gorda, Florida, helped locate a 15-year-old girl with special needs who was reported missing when she did not board the bus at her foster home. This award honors the extraordinary efforts of private citizens for their unselfish acts to recover missing or abducted children safely, and comes during the 37th annual commemoration of National Missing Children’s Day.
In an interview with the officers investigating the case of the missing child, Ms. Donovan reported that the girl had recently been talking on her cell phone with her biological mother, from whose custody she had been removed. A tip yielded a video camera picture taken of the child and her mother in a car passing through a tollbooth in another state. Police returned the girl to her foster family unharmed just one day after she went missing. Her mother will spend two years in jail.
“The compassion and loyalty that Ms. Donovan encompasses demonstrate the positive impact that ordinary citizens can have on the lives of those around them,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice applauds her efforts, along with those of the law enforcement officials who searched for the girl and brought her home safely.”
“Ms. Donovan’s dedication to and awareness of the children she transports made all the difference in this case,” said Office of Juvenile Justice and Delinquency Prevention Administrator Caren Harp. “We would like to congratulate her and the officers involved for quickly finding and returning this child to her foster family.”
The department also recognized nine law enforcement officers from Wisconsin, Louisiana, and Florida for their efforts to find missing children and bring child sexual predators and child pornographers to justice. The department declared Elliana Conrad, a fifth-grader at the Antonia Crater Elementary School in Newberg, Oregon, winner of the 2020 National Missing Children’s Day poster contest.
Due to restrictions resulting from COVID-19, the in-person ceremony to honor the recipients has been canceled. Instead, this website features information about the awardees and statements from Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan and Office of Juvenile Justice and Delinquency Prevention Administrator Caren Harp.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants and 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.
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.
Justice Department Files Lawsuit Against Township of Jackson, New Jersey, and the Township's Planning Board for Zoning Restrictions that Target the Orthodox Jewish CommunityRead the Press Release
The Justice Department today announced that it filed a lawsuit against the township of Jackson and the township’s planning board, alleging that they violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the Fair Housing Act (FHA) by targeting the Orthodox Jewish community through zoning ordinances restricting religious schools and barring religious boarding schools.
“Using zoning laws to target Orthodox Jewish individuals for intentional discrimination and exclude them from a community is illegal and utterly incompatible with this Nation’s values,” said Eric Dreiband, Assistant Attorney General for the Civil Rights Division. “Let me be clear. The Department of Justice will use the full force of its authority to stop such anti-Semitic conduct and prevent its recurrence.”
“Religious discrimination has no place in our society and runs counter to the founding principles of our nation,” said Craig Carpenito, U.S. Attorney for the District of New Jersey. “No religious community should ever face unlawful barriers or be singled out for inferior treatment. This complaint reflects our continued commitment to combat discrimination and unequal treatment.”
The complaint, filed in the District of New Jersey, alleges that the township passed ordinances 03-17 and 04-17 and the planning board applied those ordinances in a manner that discriminated against the Orthodox Jewish community. Both ordinances expressly prohibit dormitories throughout Jackson, making it impossible for religious boarding schools such as Orthodox Jewish yeshivas to operate there. Although Jackson passed these ordinances to prevent dormitories anywhere in Jackson, the planning board has since approved, without requiring a variance, the plans for two nonreligious projects with dormitory-type housing.
The complaint further alleges that the township and planning board enacted the ordinances against a backdrop of extreme animus by some Jackson residents and township decision makers toward the Orthodox Jewish community and a movement by residents to keep Orthodox Jewish individuals from settling in Jackson. The complaint alleges that the township and planning board’s actions towards the Orthodox Jewish community violate RLUIPA’s non-discrimination and equal terms provisions, as well as the FHA.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship.
In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.
Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339 or the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.
Iowa Man Sentenced to Federal Prison for Illegal Possession of FirearmRead the Press Release
A man who illegally possessed a firearm was sentenced May 20, 2020, to 8 years in federal prison.
Michael Wayne Holton, 33, from Mason City, Iowa, received the prison term after a January 9, 2020, guilty plea to possession of a firearm by a felon. Holton was previously convicted of contraband in a correctional facility and domestic abuse assault, both in the Iowa District Court for Cerro Gordo County.
Evidence at the plea and sentencing hearings showed Holton admitted that on June 22, 2019, he grabbed a gun, a Taurus 9mm, from another person while outside of Kingz Lounge in Fort Dodge, Iowa and shot the gun multiple times near a crowd of people.
Holton was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Holton was sentenced to 96 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was being prosecuted by Assistant United States Attorney Mikala Steenholdt and was investigated by the Fort Dodge Police Department, Webster County Sheriff’s Office, and Iowa Department of Criminalistics Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-3050. Follow us on Twitter @USAO_NDIA.
Hallows Pleads Not Guilty to Possession of Child Pornography in Felony Information Filed in Federal CourtRead the Press Release
SALT LAKE CITY – Timothy James Hallows, age 62, of Kaysville, pleaded not guilty to possession of child pornography during an initial appearance in U.S. District Court in Salt Lake City Friday.
The charges, filed May 8, 2020, allege Hallows possessed material containing an image of child pornography involving a minor who had not attained 12 years of age. A change of plea hearing has been scheduled for June 30, 2020, at 3 p.m. before U.S. Magistrate Judge Dustin B. Pead. Hallows is in federal custody.
Prosecutors in the U.S. Attorney’s Office and the Davis County Attorney’s Office have worked together to determine the best venue to prosecute the case. Those discussions resulted in the filing of the Felony Information last week. This coordination happens regularly in child exploitation cases because of the significant penalties available in the federal system. Law enforcement officers working these cases are often members of the FBI’s Child Exploitation Task Force, which allows them to work seamlessly with prosecutors in either venue.
“These are cases that motivate all prosecutors because they involve the victimization and exploitation of children,” U.S. Attorney John W. Huber said today. “My office regularly partners with the Office of the Davis County Attorney on child exploitation cases such as this one, as we do with other county attorney offices throughout the state. Together, we seek the best court system to achieve justice for child victims and their families.”
“State court prosecutors and law enforcement officers are experienced and accomplished in developing cases. Unfortunately, and all too often, inadequate state court sentences fail to deliver measured justice that matches the seriousness of the offenses. Federal court convictions can typically bring more appropriate sentences for those who would collect images of sexual violence against children. In this case, state and federal law enforcement partners jointly determined that federal court offered a more appropriate venue for prosecution,” Huber said.
Federal judges consider a number of factors when imposing a sentence for possession of child pornography. They include the number of images, use of a computer, distribution of the images, the defendant’s abuse of a position of trust to conceal the offense, the ages of the children in the images, the defendant’s criminal history, the nature and circumstances of the offense, and the characteristics of the defendant. Multiple counts do not change the sentence because the court is aware of each image possessed by the defendant regardless of how many counts are charged.
As a part of sentencing in a case, prosecutors will ask the judge to impose a term of supervised release for the defendant following the completion of their sentence. In child exploitation cases, it can be up to life with a minimum of five years. (There is no parole in federal court cases.)
A Felony Information is not a finding of guilt. A defendant charged in a Felony Complaint is presumed innocent unless or until proven guilty in court.
Franklin, Tennessee-Based Rinova Settles Allegations of Fraudulent Operations of Former Pain MD ClinicsRead the Press Release
NASHVILLE, Tenn. – May 20, 2020 – Franklin, Tennessee-based Rinova The Wellness Group, PC has settled the United States’ allegations that Medicare overpaid Rinova for claims that were non-payable due to fraudulent misrepresentations, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. The government alleged that Rinova misrepresented that it had provided services, when they were actually a continuation of services by the suspended company Pain MD, LLC.
In 2019, Rinova, led by former Pain MD physician Ben Johnson, acquired certain Tennessee assets of Pain MD clinics and leased other Virginia assets of Pain MD clinics. At the time, Medicare contractors had suspended all payments to Pain MD, based on credible allegations of fraud. Rinova obtained new Medicare payment numbers, which according to the United States, amounted to an attempt to evade the Medicare payment suspension of Pain MD, so that Rinova could improperly obtain Medicare reimbursements while operating Pain MD’s Tennessee and Virginia pain clinics using the same Pain MD employees, clinics, locations, and patients.
The Medicare contractor suspended payments to Rinova in June 2019 and revoked Rinova’s billing privileges in September 2019. Rinova has now ceased its operations and no longer operates any pain clinics in Tennessee or elsewhere.
The settlement resolves the government’s claims that it overpaid Rinova for all of its services. Under the settlement agreement, Rinova waived its claim to $379,961 in suspended Medicare payments, forfeited $49,112, and paid an additional $53,151. The settlement has a total value of $482,224.
The matter was handled by the United States Attorney’s Office for the Middle District of Tennessee and investigated by the Tennessee Bureau of Investigation Medicaid Fraud Control Unit (TBI MFCU) and the Department of Health and Human Services, Office of Inspector General (HHS-OIG). Assistant U.S. Attorney Ellen Bowden McIntyre represented the United States.
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Former Senior U.S. Navy Employee Charged for Role in Bribery Conspiracy and Lying to InvestigatorsRead the Press Release
The former Director of Operations of the U.S. Navy’s Military Sealift Command Office in Busan, Republic of Korea (ROK) was charged in a complaint filed today in connection with his alleged participation in a bribery conspiracy and alleged lying to federal investigators.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Special Agent in Charge David Bell of the Naval Criminal Investigative Service’s (NCIS) Far East Field Office, and Special Agent in Charge Stanley A. Newell of the Defense Criminal Investigative Service’s (DCIS) Transnational Operations Field Office made the announcement.
Xavier Fernando Monroy, 62, a U.S. citizen, was charged in a complaint filed in the District of Columbia with one count of conspiracy to commit bribery, one count of bribery, one count of false statements, and one count of obstruction of justice.
The affidavit in support of the complaint alleges that Monroy engaged in a conspiracy to commit bribery with Sung Yol “David” Kim, the owner of DK Marine, a ROK-based company that provided ship husbanding services to the U.S. Navy, and James Russell Driver III, a former civilian U.S. Navy cargo ship captain, in connection with the provision of husbanding services for Driver’s ship during a December 2013 port visit in Chinhae, ROK. In order to steer the ship’s husbanding services business to DK Marine, Driver sought, and Kim conveyed, Monroy’s directions on how to circumvent appropriate Navy procedures.
According to the affidavit, Monroy also provided Kim with confidential and other proprietary, internal U.S. Navy information. In exchange for the steering of business and the provision of such information, Kim paid bribes to Monroy, including cash, personal travel expenses, meals and alcoholic beverages, and the services of prostitutes. The affidavit further alleges that in July 2019, Monroy repeatedly lied to DCIS and NCIS during a voluntary interview.
Driver pleaded guilty to one count of conspiracy to commit bribery for his role in March 2019 before U.S. District Judge Arthur J. Tarnow of the Eastern District of Michigan. Kim pleaded guilty to one count of conspiracy to commit bribery for his role on May 1, 2020, before U.S. District Judge Mark A. Goldsmith of the Eastern District of Michigan.
A complaint is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
NCIS and DCIS investigated the case. Trial Attorney Jessee Alexander-Hoeppner of the Criminal Division’s Fraud Section is prosecuting the case.
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.
Former New Bedford Man Resentenced for 2013 Armed Bank RobberyRead the Press Release
BOSTON – A former resident of New Bedford was resentenced today in federal court for a 2013 armed bank robbery.
David A. Frates, 41, was resentenced today by U.S. District Court Judge Richard G. Stearns to 84 months in prison, five years of supervised release and ordered to pay restitution of $1,098. Frates was originally sentenced in July 2016 to 11 years in prison after he was classified as a career offender. In 2018, Frates’s classification as a career offender was vacated by the First Circuit Court of Appeals, and he was ordered resentenced.
On Sept. 24, 2013, Frates, who was masked and armed with what appeared to be a semi-automatic firearm, entered a branch of the St. Anne’s Credit Union in New Bedford. Once inside, Frates approached a teller, pointed the firearm at the teller and demanded the bank’s money. The teller complied with Frates demands and he exited the bank. The bank’s surveillance cameras and witness interviews identified Frates as a possible suspect. On Oct. 1, 2013, law enforcement recovered items involved in the robbery, including a black BB gun. Frates was later located and arrested for the robbery.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.
Former Fugitive Who Fled to Cambodia Pleads Guilty to Conspiracy to Commit ArsonRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced today that Jason Gusoff, 44, of Richboro, Pennsylvania entered a plea of guilty to one count of conspiracy to commit arson. United States District Judge C. Darnell Jones II presided over the guilty plea hearing in Philadelphia via video teleconference.
The defendant purchased his business, California Tanning Salon, in November 2007. For the approximately nine months that the defendant owned and operated the business, it was never profitable. The business expenses exceeded the revenue generated, and Gusoff could not make the required lease payments. On July 21, 2008, Gusoff directed his co-conspirator to set fire to the business with the intent to destroy it. After the fire, Gusoff submitted requests for payment to the business’ insurance company while making materially false representations that he was not responsible for the loss caused by the fire. These lies resulted in the defendant receiving $105,486 from the insurance company.
A federal grand jury returned an Indictment against Gusoff in February 2011. Prior to his scheduled trial in September 2011, Gusoff fled the United States using his brother’s passport. In February 2019, due to the coordinated efforts of the United States Marshals Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Cambodian Police, the defendant was arrested in Cambodia and returned to the Eastern District of Pennsylvania to answer for his crimes. The co-conspirator, who was severely burned while committing the arson and hospitalized as a result, pled guilty in 2011 and has since served his sentence.
“Gusoff has a brazen disrespect for the law – and for human life. He is lucky that no one died during this fire,” said U.S. Attorney McSwain. “He put people’s safety at risk, stole insurance money, and when faced with the consequences of his actions, fled the country. If you are charged in the Eastern District of Pennsylvania with a federal offense, it does not matter if you flee to the other side of the world. We will find you and hold you accountable for your actions.”
“Acts of arson are dangerous crimes and threaten the community. ATF is committed to keeping the public safe from those who maliciously set these fires,” said Donald Robinson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Philadelphia Field Division. “We appreciate the assistance of our federal and international partners in getting the defendant back to the States to face these charges, and the dedication and tenacity of our personnel in the Arson and Explosives Task Force.”
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and is being prosecuted by Assistant U.S. Attorney Jeanine Linehan, the Deputy Chief of the Violent Crime Unit of the U.S. Attorney’s Office.
Federal Prison Inmate Sentenced for Participating in Assault of Fellow InmateRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Deon McElrathbey, a federal inmate, was sentenced to serve an additional 54 months in prison for aiding and abetting an assault with a dangerous weapon on a fellow inmate. McElrathbey was one of three inmates from the Federal Correctional Institute in Florence, Colorado who assaulted a fellow inmate. The FBI joined in today’s announcement.
According to the plea agreement and facts presented in the case, on June 7, 2018, McElrathbey saw an inmate getting assaulted with a shank. McElrathbey and another inmate joined in the assault. McElrathbey grabbed the victim, threw him on the ground and began kicking him. Another assailant stabbed the victim while McElrathbey was kicking him. The victim was stabbed in the head, face, and torso, which resulted in ten puncture wounds. The victim was then transported to a local hospital for treatment.
“It was important to prosecute this case because inmates need to know that violence in federal prisons will not be tolerated, and when there is violence, that there will be consequences,” said U.S. Attorney Dunn.
"Today’s lengthy sentence of Deon McElrathbey should send a strong message to those who engage in violent criminal activities within our correctional facilities,” said FBI Denver Special Agent in Charge Michael Schneider. “We extend our appreciation to the Bureau of Prisons and United States Attorney’s Office for their diligence and hard work in this investigation.”
In addition to McElrathbey, two other inmates were involved in the assault and sentenced previously. Yusuf Jones was sentenced to 57 months and Lance Lee was sentenced to 30 months.
This case was investigated by the FBI. The defendant was prosecuted by Assistant U.S. Attorney Valeria Spencer.