Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Friday 15 May 2020
Roanoke Man Arrested on Federal Drug Distribution ChargeRead the Press Release
ROANOKE, Va. – A Roanoke man, whom law enforcement accuses of distributing methamphetamine and heroin in Roanoke City, was arrested May 14, 2020, and has been charged via federal criminal complaint with drug distribution. United States Attorney Thomas T. Cullen and Special Agent in Charge of the FBI’s Richmond Division, David W. Archey announced the arrest today. The investigation is being handled by the member agencies of the Roanoke Area High Intensity Drug Trafficking Area Task Force [HIDTA], as well as by the Federal Bureau of Investigation.
Tyshea Anthony Cunningham, 20, is currently charged with one count of manufacturing, distributing, dispensing, or possessing with the intent to manufacture, distribute, or dispense a controlled substance.
According to court documents, investigators with HIDTA have identified multiple occasions in which Cunningham sold heroin or methamphetamine.
The investigation of this case is ongoing and being conducted by the Federal Bureau of Investigation, the City of Roanoke Police Department, and the members of the region’s High Intensity Drug Task Force (HIDTA) program. Assistant United States Attorney Andrew Bassford is prosecuting the case for the United States.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, various stakeholders work together to identify the most pressing crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A criminal complaint is only a charge and not evidence of guilt. All defendants are considered innocent until proven guilty.
President’s Commission on Law Enforcement and the Administration of Justice Holds Hearing on Law Enforcement Recruitment, Training, and RetentionRead the Press Release
This week, the President’s Commission on Law Enforcement and the Administration of Justice held a hearing on law enforcement recruitment, training, and retention over three days via teleconference. Each teleconference featured expert witnesses who provided testimony and, subsequently, answered questions from the Commissioners.
On Tuesday, May 12, the Commission received testimony from Dr. Charlie Scheer, Assistant professor at the University of Southern Mississippi; Arlington (Texas) Police Chief Will Johnson; Valerie Cunningham, Deputy Chief of the Indianapolis Metropolitan Police Department, and; Mike Yankowski, Assistant Director of Institutional Ethics and Compliance at Michigan State University and the retired chief of Lansing Police Department.
Testimony and discussions focused on recruitment. Dr. Scheer provided the results of a comprehensive survey on police recruitment, and Chief Johnson recommended grant funding for police cadet programs to encourage young people to commit to the profession. Deputy Chief Cunningham recommended “focusing on marketing campaigns that are inclusive of females, tailoring all contact the agency has with its applicants so that it’s mutually beneficial to both, focusing on the preview of what the career will look like to that applicant, and developing a meaningful professional relationship with the applicants.” Chief Yankowski provided the final testimony, addressing the need to hire people who fit the community policing mindset – individuals who are highly ethical, of good moral character, and good communicators. “We can't make the mistake of just hiring a warm body to fill that vacancy,” he said.
On Wednesday, May 13, the Commission heard testimony from Erik Bourgerie, Director, Colorado Peace Officer Standards and Training (POST); Palm Beach County (Fla.) Sheriff Ric Bradshaw, and; Cass County (Nebraska) Sheriff William (Bill) Brueggemann.
Testimony and discussion focused on training. POST Director Bourgerie testified about the need for experiential based training. “As the academy progresses, training scenarios should become more complex, such as domestic violence calls. Our current training method fails both our peace officers and our domestic violence victims. The first time new peace officers encounter the complexity, emotions and dangers inherent in a DV call is when they’re in the field and lives are truly on the line.” Sheriff Bradshaw testified about the lack of management training, stating, “As older, experienced officers retire, they leave upper level vacancies that will often be filled with officers with little or no formal leadership or management training.” He advocates for an investment in future leaders. Sheriff Brueggemann recommended regional training centers and reforms to training academies in order to provide more seats for small and rural departments.
On Thursday, May 14, the Commission completed its hearing with testimony from William “Bill” Johnson, Executive Director, National Association of Police Organizations Inc. (NAPO); Pima County (Ariz.) Sheriff Mark Napier; Baltimore (Md.) Police Commissioner Michael Harrison, and; Tempe (Ariz.) Police Chief Sylvia Moir
Testimony and discussion focused on retention. Executive Director Johnson recommended that “every officer in this nation have access to a peer mentoring program. One cannot overstate the importance of confidential, peer mentoring services to supporting officers’ mental health and wellness.” Chief Moir shared a similar sentiment, saying that there is a recognition that officer wellness encompasses more than physical health. It includes the mental and emotional well-being, as well -- healthier officers are more productive officers, so successful agencies are starting wellness programming in the Academy and continuing it throughout an officer’s career. Sheriff Napier testified that “there is inadequate funding for substantive research into the development of best practices for law enforcement leaders confronting modern policing challenges. In addition, there’s very limited research into officer wellness, causes of officer suicide and suicide prevention.” He recommends “the Law Enforcement Assistance Administration (LEAA) make available substantive funding over 10 years for meaningful law enforcement research." Commissioner Harrison shared: “The most common issues I hear about when I speak with officers are the state of the facilities they work in, the conditions of vehicles the drive, and the age of the technology and equipment that they use every day. Improving these conditions is a cornerstone of my five-year Departmental Transformation and Improvement Plan because it speaks to the culture of the department and whether the officers feel the department is making the right investments in their well-being.”
For more information on the Commission, please visit: https://www.justice.gov/ag/presidential-commission-law-enforcement-and-administration-justice
Audio recordings and transcripts of the hearings will be posted online once available.
Police Week and Legislative DoublespeakRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051This week marks National Police Week, a time to honor the call to duty and those who so selflessly answer that call in more than 18,000 law enforcement agencies nationwide. It is also a time to pay tribute to the 89 officers who lost their lives in 2019 in the line of duty.
On any given day, officers, deputies, and agents face the worst-of-the-worst in our society. Drug dealers filling our streets with deadly poisons, violent gang members holding neighborhoods hostage, predators stealing the innocence of our youth, and human traffickers dehumanizing vulnerable females and robbing them of their dignity. Each day, members of law enforcement deal in danger and risk their lives to safeguard and protect our community. However, this year, the risks faced by law enforcement are even greater, as they have remained vigilant in their effort to protect us from criminals while also battling the new and invisible enemy. Sadly, as of May 7, 2020, 92 law enforcement officers have died from COVID-19 nationwide, including 29 officers right here in New York State. “Greater love hath no man than this, that a man lay down his life for his friends.”
As U.S. Attorney, I feel fortunate to interact on a daily basis with all levels of law enforcement whose members prove to me, day-in and day-out, that most risk their lives each day with one primary motivation—and that motive is their love and concern for their fellow man. This year, however, COVID-19 represents but one silent threat they face. The other silent threat came from legislation that was quietly enacted as part of the New York State 2020 budget.
Shockingly and sadly, the recently enacted legislation, threatens to hold the brave men and women of law enforcement criminally liable simply for choosing to assist certain other members of law enforcement. Indeed, while our law enforcers were busy risking their lives responding to those engaging in criminal conduct—and the attention of others was directed toward the silent killer—the New York State legislature in April silently passed legislation which criminalizes the sharing of certain information between law enforcers.
Specifically, the newly enacted law makes it a felony for any law enforcer to share New York State DMV information with any fellow law enforcer whose duties include the enforcement of immigration laws. While January’s Green Light Law prohibited the sharing of such information, the April amendment takes the prohibition to a whole new level by making it an E Felony for any law enforcer to do so.
That any elected official would see wisdom in criminalizing an effort by one member of law enforcement to share information with another law enforcer—essentially legislating obstruction of law enforcement—is antithetical to the rule of law and our system of justice. The new law impedes the ability of a number of my federal law enforcement partners— including Homeland Securities Investigation (HSI), Immigration and Customs Enforcement
# # # #
Pittsburgh Man Pleads Guilty to Conspiring to Distribute Crack CocaineRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
David Loveings, age 66, pleaded guilty to one count before United States District Judge Marilyn J. Horan.
In connection with the guilty plea, the court was advised that from September 2017 until November 2019, Loveings participated in a conspiracy to possess with the intent to distribute and did distribute a quantity of cocaine base.
Judge Horan scheduled sentencing for September 3, 2020 at 9:30 a.m. The law provides for a total sentence of not more than 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Brendan T. Conway and Brian M. Czarnecki are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Monroeville Police Department, the Attorney General’s Office, the Drug Enforcement Agency’s Maryland Office, and the Allegheny County Police Department conducted the investigation that led to the prosecution of Harper.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Pennsylvania Man Arrested for Attempted Enticement and Coercion of a MinorRead the Press Release
SYRACUSE, NEW YORK – Peter N. Allen, age 32, of East Stroudsburg, Pennsylvania, appeared today on a criminal complaint charging him with attempted enticement and coercion of a minor into a sexual act, announced United States Attorney Grant C. Jaquith and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The complaint charges that Allen attempted to entice and coerce a person he believed to be an 11-year-old girl to engage in sexual acts with him. In fact, the girl was portrayed by an undercover police officer, and Allen was arrested in Broome County after he drove there from Pennsylvania, expecting to meet the purported child at her home.
The charge filed against Allen carries a maximum sentence of life in prison, with a mandatory minimum sentence of 10 years, a fine of up to $250,000, and a post-imprisonment term of supervised release of at least 5 years, and up to life. If convicted, Allen will also be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. The charge in the complaint is merely an accusation and the defendant is presumed innocent unless and until proven guilty
Allen appeared today in Binghamton, New York, before United States Magistrate Judge Miroslav Lovric and was ordered detained pending further proceedings.
This case is being investigated by the Federal Bureau of Investigation (FBI), and is being prosecuted by Assistant U.S. Attorney Sahar L. Amandolare.
New Bern Man Sentenced to Eight Years for Convenience Store RobberiesRead the Press Release
RALEIGH, N.C. – A New Bern man was sentenced today to 96 months in prison and 3 years supervised release for two armed robberies of New Bern convenience stores.
According to court documents, Kenneth Earl Moore, 49, first robbed the Five Points Mini Mart convenience store during the early morning hours of December 4, 2018. Moore wore a black mask and gloves, and carried a black bag with distinctive markings. Moore pulled a gun on the clerk and, after taking approximately $500, fled on foot.
A few weeks later, Moore convinced a female co-defendant to help him commit another robbery, in exchange for drugs. Early on December 23, 2018, the co-defendant drove Moore to a Speedway convenience store in New Bern. Moore again wore the black mask and gloves, and carried the same black bag – all of which were found in his residence. Moore entered, pointed a gun at the clerk, took $622, and fled in the co-defendant’s car.
At his arraignment on September 19, 2019, Moore plead guilty but was allowed to remain in a substance abuse treatment program after claiming he had been a Navy Seal. Investigators later discovered that while Moore did serve in the Navy as a machinist, he was never a Navy Seal. At sentencing, Moore was forced to admit he had not been honest with the Court about his service record.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Terrence W. Boyle. The Federal Bureau of Investigation and the New Bern Police Department investigated the case and Assistant U.S. Attorney Bryan Stephany prosecuted the case.
A copy of this press release is located on our website. Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:19-cr-00033-BO.
###
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.
Murray, West Jordan Get Emergency Supplemental Funding to Support Efforts to Respond to CoronavirusRead the Press Release
SALT LAKE CITY – Two Utah 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.
Murray will receive $112,282 and West Jordan is getting $127,429.
“The Department of Justice provides communities with funding to use for critical public safety needs. Police officers and other front line responders will have access to this assistance as they keep residents and themselves safe through this challenging crisis,” U.S. Attorney John W. Huber said today. “These cities know best how to use the supplemental funds, and they are afforded considerable flexibility to use these dollars to protect and serve their neighborhoods.”
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.
Monroeville Man Pleads Guilty in Fentanyl Trafficking SchemeRead the Press Release
PITTSBURGH - A resident of Monroeville, Pennsylvania, pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Timothy Harper, age 37, pleaded guilty to one count before United States District Judge Marilyn J. Horan.
In connection with the guilty plea, the court was advised that from September 2017 until November 2019, Harper participated in a conspiracy to possess with the intent to distribute and did distribute 40 grams or more of fentanyl.
Judge Harper scheduled sentencing for July 27, 2020 at 9:30AM. The law provides for a total sentence of not less than five years and not more than 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Brendan T. Conway and Brian M. Czarnecki are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Monroeville Police Department, the Attorney General’s Office, the Drug Enforcement Agency’s Maryland Office, and the Allegheny County Police Department conducted the investigation that led to the prosecution of Harper.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Missoula meth dealer sentenced to prisonRead the Press Release
MISSOULA — A Missoula man who admitted trafficking methamphetamine in the community for several years was sentenced today to 12 years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Dustin Lee McGough, 41, pleaded guilty in January to conspiracy to distribute meth.
U.S. District Judge Donald W. Molloy presided.
The prosecution said in court documents that evidence from at least 13 confidential informants would show that McGough was a prolific meth dealer in the Missoula from the spring of 2015 through June 2019 and that he obtained meth mostly from California and brought it back to Missoula. When the Missoula County Sheriff's Office executed a search warrant at McGough's residence and vehicle in March 2018, officers found meth, heroin and drug paraphernalia.
Assistant U.S. Attorney Tara Elliott prosecuted the case, which was investigated by the FBI and Montana Regional Violent Crime Task Force.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 to 2018. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
XXX
Minneapolis Man Indicted for Cyberstalking, Making Threats Through University’s Incident Reporting SystemRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal indictment charging JEFFREY COLIN PURDY, 28, with cyberstalking and making interstate threats to injure and kidnap another person. PURDY was initially charged in a criminal complaint on March 2, 2020, and is currently in custody in the Sherburne County jail pending further court proceedings.
According to the indictment, between August 30, 2017, and February 29, 2020, PURDY used various means of interstate commerce to communicate threats to injure and kidnap. Specifically, on September 15, 2017, the Mankato Department of Public Safety received a complaint from an individual stating that she had been receiving harassing emails from PURDY, a former classmate from Minnesota State University, Mankato (“Mankato State”). While attending Mankato State, the victim declined repeated romantic advances from PURDY and eventually blocked PURDY from her cellular telephone and social media accounts. From August 30, 2017, through February 21, 2020, PURDY used Mankato State’s Silent Witness Report, an anonymous incident reporting tool, to make frequent, violent threats against the victim. An IP address used to make one of the Silent Witness Reports was traced back to PURDY. On February 29, 2020, during an interview at the Mankato Department of Public Safety, PURDY admitted to sending all the Silent Witness Reports.
This case is the result of an investigation conducted by the FBI and the Mankato Department of Public Safety, with assistance from the Blue Earth County Attorney’s Office.
Assistant U.S. Attorney Emily A. Polachek is prosecuting the case.
Defendant Information:
JEFFREY COLIN PURDY, 28
Minneapolis, Minn.
Charges:
- Cyberstalking, 1 count
- Interstate transmission of a threat to injure the person of another, 5 counts
- Interstate transmission of a threat to kidnap the person of another, 1 count
###
Additional news available on our website.
Follow us on Twitter and Facebook.
United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Member of Newark Drug Trafficking Organization Sentenced to 10 Years in Prison for Conspiracy to Distribute Heroin and Crack CocaineRead the Press Release
NEWARK, N.J. – A Newark man was sentenced today to 120 months in prison for his role in a conspiracy to distribute over a kilogram of heroin and 240 grams of crack cocaine, U.S. Attorney Craig Carpenito announced.
Maurice McPhatter, a/k/a “Ree,” 47, previously pleaded guilty before U.S. District Judge Kevin McNulty to a superseding information charging him with one count of conspiracy to possess with intent to distribute more than one kilogram of heroin and more than 28 grams of cocaine base. Judge McNulty imposed the sentence today.
Today’s sentence follows a coordinated takedown in September 2017 of seven members of a drug trafficking organization led by Ahmad Johnson, a/k/a “OC,” 38. Also charged were Cory Canzater, a/k/a “Big C;” Willie McPhatter, a/k/a “Roc;” Keith Henderson, and Sacha Negron, all of Newark.
According to documents filed in this case and statements made in court:
From September 2016 through June 2017, Maurice McPhatter, Johnson, and other members of their drug trafficking organization engaged in a drug distribution conspiracy that operated in and around Newark. Maurice McPhatter was a runner, who distributed narcotics for the organization.
Through the authorized interception of telephone calls and text messages, controlled purchases of heroin, the use of confidential sources of information, and other investigative means, law enforcement learned that Johnson was a leader of the conspiracy and was responsible for obtaining wholesale amounts of narcotics, including heroin and cocaine, and processing and packaging the narcotics for sale. Johnson found users to “test” the narcotics to evaluate the quality, potency, and danger for broader distribution. After the narcotics were tested, runners, including Maurice McPhatter, sold the narcotics to other distributors and users. At the time of the arrests, law enforcement found over a kilogram of heroin, over 200 grams of crack cocaine, and over 150 grams of fentanyl.
Johnson pleaded guilty to a drug conspiracy and was sentenced on April 15, 2019, to 180 months in prison. Willie McPhatter, Henderson, and Negron have all pleaded guilty to drug conspiracy charges and are awaiting sentencing. Canzater was convicted in March 2020 of one count of conspiracy to distribute and possess with intent to distribute controlled dangerous substances, one count of distribution and possession with intent to distribute heroin and one count of distribution and possession with intent to distribute crack cocaine, following a one-week trial before Judge Kevin McNulty in Newark federal court. Canzater is awaiting sentencing
In addition to the prison term, Judge McNulty sentenced Maurice McPhatter to five years of supervised release.
U.S. Attorney Carpenito credited special agents and officers with DEA’s High-Intensity Drug Trafficking Area (HIDTA) Group 1, under the direction of Special Agent in Charge Susan A. Gibson in Newark, with the investigation leading to today’s sentencing.
This case is being conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
The government is represented by Assistant U.S. Attorneys Patricia Astorga and Ari B. Fontecchio of the U.S. Attorney’s Office in Newark.
Marrero Man Sentenced After Pleading Guilty to Cocaine ConspiracyRead the Press Release
NEW ORLEANS –U.S. Attorney Peter G. Strasser announced that U.S. District Judge Mary Ann Vial Lemmon sentenced, on May 14, 2020, ROBERT GAINES, age 37, of Marrero, Louisiana, to sixty (60) months’ imprisonment and four years’ supervised release after pleading guilty to a one-count superseding bill of information charging him with conspiracy to distribute and possess with intent to distribute five hundred grams or more of cocaine hydrochloride and twenty-eight grams or more of cocaine base.
According to court documents, in 2017, agents of the Drug Enforcement Administration (DEA) New Orleans identified Derris Helton as a cocaine trafficker in the New Orleans area, by using telephone wiretaps. Through continued monitoring of telephone calls, agents identified GAINES as one of Helton’s drug trafficking associates. During a monitored telephone call in July 2017, Helton and his brother Phillip discussed having GAINES supply an individual with a quantity of drugs.
On August 1, 2017, agents learned through monitored telephone calls between Helton and GAINES that Helton was travelling from Houston, Texas to New Orleans via bus with a large quantity of cocaine and GAINES was to pick him up from the bus terminal. DEA agents and Louisiana State Police troopers stationed themselves at the Greyhound terminal in New Orleans awaiting Helton’s arrival. When Helton arrived at the terminal and exited the bus, agents and troopers approached Helton. After Helton consented to a search of his bag, agents found approximately 500 grams of cocaine hydrochloride in his bag. Agents also located GAINES at the terminal. When questioned by agents, GAINES told the agents that he dropped someone off at the terminal.
Derris Helton and Phillip Helton pleaded guilty on January 9, 2020. Sentencing for both have been set for August 20, 2020.
U.S. Attorney Strasser praised the work of the Drug Enforcement Administration, the Jefferson Parish Sheriff’s Office, and the Louisiana State Police in investigating this matter. Assistant United States Attorney André Jones is in charge of the prosecution
* * *
Man from Ascensión, Mexico faces federal marijuana smuggling chargesRead the Press Release
ALBUQUERQUE, N.M. – Inocente Rivera, 20, of Ascensión, Chihuahua, Mexico appeared in federal court in Las Cruces, New Mexico on May 15 for an initial appearance on a criminal complaint charging him with possession with intent to distribute 164.4 kilograms of marijuana.
According to the criminal complaint, Rivera allegedly committed the offense in Luna County, New Mexico on May 12. He tried to enter the United States at the port of entry in Columbus, New Mexico allegedly with 305 wrapped bundles of marijuana hidden in the cargo bed of the vehicle he was driving. Rivera allegedly intended to distribute the smuggled marijuana in the United States. U.S. Customs and Border Protection officers inspected the vehicle and located the hidden contraband, according to the complaint.
Rivera is currently in custody pending a detention hearing on May 19. He faces up to 40 years in prison. A criminal complaint is only an accusation. A defendant is presumed innocent until proven guilty.
Homeland Security Investigations and U.S. Customs and Border Protection Office of Field Operations investigated this case. Assistant U.S. Attorney Bradley Bartlett is prosecuting the case.
Local man sentenced to prison for distributing opioids on behalf of interstate drug ringRead the Press Release
DAYTON – Another member of the Atlanta-to-Dayton drug trafficking organization known as
“Diamond Cut” that is responsible for distributing large quantities of fentanyl and heroin in the Dayton area was sentenced in U.S. District Court today for selling opioids.Levy Smith IV, 36, of Dayton, was sentenced to 72 months in prison. He is currently in custody and was sentenced via video conference from prison.
According to his plea agreement, on May 28, 2019, Smith sold 83 grams of fentanyl for $6,000 in cash.
In February 2019, investigators received information about the Diamond Cut drug organization distributing drugs from the Saint Clair Lofts located on South Saint Clair Street in Dayton. The co-conspirators were allegedly keeping large amounts of fentanyl, heroin and several firearms in an abandoned green Ford sedan in the parking lot behind the Lofts.
The co-conspirators allegedly moved their drug operations from the Saint Clair Lofts to North Upland Avenue in March 2019.
Drug stash houses were also maintained on Homesite Drive in Harrison Township and Kipling Drive and Belmont Park North in Dayton.
Others charged in this case include: James Easterling and Benjamin G. Vaughn. Easterling, who admitted to selling 112 grams of fentanyl and heroin in Montgomery County in exchange for several thousand dollars in cash, was sentenced last month to 60 months in prison.
Vaughn was sentenced in March 2020 to 60 months in prison.
Vaughn was a defendant in a 2008 drug trafficking case prosecuted by this office and involving several other individuals. In that case, Vaughn was sentenced to 151 months in federal prison.
In 2018, three other Diamond Cut associates were sentenced in federal court in Dayton for drug and gun crimes. Clarence Winn, Jr. – a Dayton rap artist known as “Chaos” – was sentenced to 108 months in prison. His relative, Larry Winn, was sentenced to 60 months in prison. Darrius J. Reynolds was sentenced to 18 months in prison.
Another five alleged Diamond Cut members were prosecuted federally after a 2012 arrest. They included: Brandon Lee “Ace” Smith, Quinton “Big Mike” Clemons, Leo “Butter” Boykins, Quinten “Q” Robinson and Marcus “Roscoe” Ross.
David M. DeVillers, United States Attorney for the Southern District of Ohio, Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Vance Callender, Special Agent in Charge, Homeland Security Investigations (HSI); Montgomery County Sheriff Rob Streck and officials with the FBI’s Southern Ohio Safe Streets Task Force and Montgomery County Sheriff’s Office RANGE Task Force announced the sentence imposed by Senior U.S. District Court Judge Thomas M. Rose. Assistant United States Attorneys Brent G. Tabacchi and Elizabeth Rabe are representing the United States in this case.
# # #
Laurel County Man Sentenced to 300 Months for Possession with Intent to Distribute MethamphetamineRead the Press Release
LONDON, Ky. - A Laurel County man, Timmy L. Fields, 58, was sentenced to 300 months in federal prison on Friday, by U.S. District Judge Robert Wier, after previously being convicted of possession with intent to distribute over 500 grams of methamphetamine.
According to evidence at trial, on April 21, 2019, a Kentucky State Police Trooper stopped Fields’ vehicle and found Fields in possession of more than 985 grams of methamphetamine. Fields traveled to Lexington to purchase the methamphetamine from a source of supply before transporting it into Laurel County for distribution. Fields has prior felony drug convictions for unlawful possession of a methamphetamine precursor and trafficking in a controlled substance.
Fields was convicted in January 2020.
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 Rodney Brewer, Commissioner of the Kentucky State Police, jointly announced the sentence.
The investigation was conducted by DEA and Kentucky State PoliceThe United States was represented by Assistant U.S. Attorneys Jenna E. Reed and R. Nicholas Rabold.
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 —
Keshena Man Charged with Domestic Violence on the Menominee Indian ReservationRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced that on May 12, 2020, his office filed a one-count federal criminal complaint against a man allegedly involved in domestic violence against a woman on the Menominee Indian Reservation. The complaint named Justin M. Moore (age: 34) of Keshena.
The complaint charged Moore with Domestic Assault by Strangulation in violation of 18 U.S.C. § 113(a)(8). If convicted of this offense, Moore faces a maximum of ten years in prison, up to a $250,000 fine, and up to three years of supervised release.
According to the complaint filed in United States District Court in Green Bay, on or about December 1, 2019, Moore strangled a woman with whom he had a dating relationship on the Menominee Indian Reservation. The offense allegedly occurred inside the woman’s house, and was witnessed by the woman’s child.
The Menominee Tribal Police Department and Federal Bureau of Investigation investigated the case, which will be prosecuted by Assistant United States Attorney Andrew J. Maier.
A criminal complaint is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove his guilt beyond a reasonable doubt.
###
For additional information contact:
Public Information Officer Kenneth Gales at 414 297-1700
Jackson Man Sentenced under Project EJECT to Illegally Possessing a GunRead the Press Release
Jackson, Miss. – Clifton Summers, a/k/a Clifton Horton, 34, of Jackson, was sentenced today by U.S. District Carlton W. Reeves to 34 months in prison, followed by three years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Michele Sutphin, Special Agent in Charge of the Federal Bureau of Investigation in Mississippi. Summers was also ordered to pay a $1,000.00 fine.
On June 1, 2018, officers with the Jackson Police Department arrested Summers when he was found in possession of a firearm during a traffic stop. Upon questioning, Summers admitted to purchasing the firearm and to being a convicted felon. Summers has previous convictions in Hinds County in 2003 for receiving stolen goods and in 2006 for armed carjacking. As a convicted felon, it is illegal for him to possess a firearm. He pleaded guilty before Judge Reeves on January 16, 2020.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Lynn Murray.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) and Project Guardian. EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on May 12 was:
Maliyah Jae Chavez, 18, of Billings, and Rodrigo Gomez, 19, of Billings, on charges of possession of stolen firearms. If convicted of the most serious crime, Chavez and Gomez face a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Both defendants were detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Pacer case reference. 20-28.
Bo Bryan Fish, 40, of Worden, on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute meth and possession of a firearm in furtherance of drug trafficking. If convicted of the most serious crime, Fish faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. In addition, Fish faces a minimum mandatory five years to life consecutive to any other crime on the firearms count. Fish was detained pending further proceedings. The FBI Western Transnational Organized Crime Task Force investigated the case. Pacer case reference. 20-30.
Trevion Maurice Jones, 44, of Billings, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. If convicted of the most serious crime, Jones faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Jones was detained pending further proceedings. The Eastern Montana High Intensity Drug Trafficking Area Task Force and FBI Western Transnational Organized Crime Task Force investigated the case. Pacer case reference. 20-32.
Gaspar Feliciano Salas, 43, of Gilbert, AZ, on charges of conspiracy to possess with intent to distribute meth, possession with intent to distribute meth and possession of a firearm in furtherance of drug trafficking. If convicted of the most serious crime, Salas faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. In addition, Salas faces a minimum mandatory five years to life consecutive to any other crime on the firearms count. Salas was detained pending further proceedings. The Eastern Montana High Intensity Drug Trafficking Area Task Force and FBI Western Transnational Organized Crime Task Force investigated the case. Pacer case reference. 20-33.
Appearing in Great Falls before U.S. Magistrate Judge John Johnston and pleading not guilty on May 14 was:
Russell Robert Moddison, 48, of Great Falls, on charges of conspiracy to possess with intent to distribute controlled substances and possession with intent to distribute controlled substances. If convicted of the most serious crime, Moddison faces a minimum mandatory five years to 40 years in prison, a $5 million fine and four years of supervised release. Moddison was detained pending further proceedings. The Drug Enforcement Administration, Great Falls Police Department and Russell Country Drug Task Force investigated the case. Pacer case reference. 20-27.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
XXX
Horn Lake Man Sentenced to 21 Years in Prison for Federal Gun and Drug CrimesRead the Press Release
OXFORD, Miss. - A Horn Lake man has been sentenced to serve 21 years in federal prison following his convictions for multiple gun and drug crimes. A jury convicted Dan V. Sharp, 39, formerly of Memphis, Tennessee and Horn Lake, Mississippi, of 15 counts of federal gun and drug charges following a four-day trial in Oxford in November of 2019. The charges and resulting convictions stemmed from three separate instances of criminal conduct by Sharp involving drug trafficking and illegal possession of firearms committed between September of 2017 and April of 2018. Senior U.S. District Judge Glen Davidson presided over the trial and imposed the sentence of 255 months imprisonment on Friday morning.
During the trial, the jury heard evidence of the three separate criminal investigations involving Sharp. Evidence showed that on September 27, 2017, Horn Lake Police Officers responded to 911 emergency call in Horn Lake at a residence where an individual had allegedly shot herself. When the officers entered the house, they found Dan Sharp in a bedroom with his deceased wife. After the officers secured the scene, they found several controlled substances, including methamphetamine and cocaine, in the bedroom as well as multiple semi-automatic Draco-style firearms in a nearby bedroom closet. They later searched the house and found additional firearms, including a tactical shotgun with a large magazine drum, in the truck of Sharp’s vehicle. The jury concluded that Sharp possessed the drugs found in the bedroom with the intent to distribute them. They also determined that Sharp possessed the firearms located in the closet and vehicle in furtherance of drug trafficking activities. The jury convicted Sharp of six criminal counts stemming from this incident including four convictions for drug trafficking offenses, one conviction for possessing a firearm as a convicted felon, and one count of possessing a firearm in furtherance of a drug trafficking crime.
The jury also heard evidence concerning a February 24, 2018, traffic stop in which a Desoto County Deputy pulled Dan Sharp over at approximately 2:00 a.m. for reckless driving. During the stop, the deputy determined that Sharp was under the influence of alcohol or drugs. The deputy questioned Sharp, who admitted that he had a firearm in his vehicle. During a subsequent search of the vehicle, investigating deputies found methamphetamine, cocaine, and three firearms, one of which was stolen. The jury determined that Sharp possessed the drugs found in the vehicle with the intent to distribute them and that he possessed the firearms in furtherance drug trafficking. The jury convicted Sharp of six criminal counts stemming from this incident, including four counts of drug trafficking, one count of possessing a firearm as a convicted felon, and one count of possessing a firearm in furtherance of a drug trafficking crime.
Finally, the jury heard evidence about a narcotics investigation involving Dan Sharp in April of 2018. A Desoto County Investigator received information that Sharp was in Hernando, Mississippi and that he was in possession of drugs that he intended to sell. Based on this information, Desoto County narcotics agents located Sharp near the courthouse in Hernando, where they began conducting surveillance and ultimately followed his vehicle to a tattoo parlor. After one agent witnessed an individual exit the tattoo parlor and reach into Sharp’s vehicle to receive an item that appeared to be narcotics, Sharp was arrested and his vehicle was searched. Agents recovered cocaine and methamphetamine from Sharp’s vehicle, and the jury convicted him of three counts of possession with intent to distribute narcotics.
U.S. Attorney Chad Lamar praised the work of officers, agents and prosecutors who assisted in this investigation. “The sentence imposed today is a direct result of effective, coordinated efforts by multiple law enforcement agencies to remove from the streets a dangerous individual who persisted in dealing in illicit drugs and using firearms that he illegally possessed in order to do so,” remarked Lamar. “This is a key example of our Project Safe Neighborhoods program at work, and our communities in North Mississippi are safer as a result.”
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Horn Lake Police Department, and the Desoto County Sheriff’s Office. The case was prosecuted by AUSA Phillip Levy, and AUSA Clay Dabbs of the U.S. Attorney’s Office in the Northern District of Mississippi.
Head of Investment Management Firm Pleads Guilty in Connection with $18 Million Pre-IPO Securities Fraud SchemeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that FRED ELM, a/k/a “Frederic Elmaleh,” the founder and manager of Elm Tree Investment Advisors LLC (“ETIA”), pled guilty before U.S. District Judge Edgardo Ramos to securities fraud charges stemming from his role in a scheme to defraud investors in multiple investment funds created and controlled by ELM and Ahmad Naqvi, ETIA’s chief operating officer. Among other illicit activity, ELM and Naqvi fraudulently induced more than 50 investors to invest over $18 million based on the false representation that ELM and Naqvi would invest that money, through the funds, in the shares of privately held technology companies, like Twitter, Alibaba, Uber, and Square, before their initial public offerings (“IPOs”). Naqvi pled guilty to his role in the scheme before Judge Ramos on May 4, 2020.
U.S. Attorney Geoffrey S. Berman said: “Fred Elm, founder and head of Elm Tree Investment Advisors, admitted today to defrauding investors out of more than $18 million by promising big returns from investments in hot tech companies, like Twitter and Uber, before their initial public offerings. In reality, Elm and his co-defendant Ahmed Naqvi lied about their access to pre-IPO investments, and they invested only a portion of the funds in money-losing trades and spent the rest on their own extravagant lifestyles, including a Bentley, a Maserati, and a Range Rover. After fleeing to Canada, Elm has now been brought to justice. He faces serious prison time for his high-flying scheme, which never earned a profit and left his investors high and dry. ”
According to the Superseding Indictment charging ELM and Naqvi, and other filings in the case:
From at least June 2013 through December 2014, ELM and Naqvi engaged in a scheme to defraud investors in funds that ELM and Naqvi created and controlled at ETIA, where ELM was the founder and manager, and Naqvi was the chief operating officer. ELM and Naqvi raised more than $18 million from over 50 investors in four limited partnerships for which ETIA acted as the fund manager: Elm Tree Investment Fund, LP; Elm Tree Emerging Growth Fund, LP; Elm Tree ‘e’Conomy Fund, LP; and Elm Tree Motion Opportunity, LP (collectively the “Elm Tree Funds”).
ELM and Naqvi falsely represented that the Elm Tree Funds used investor capital to purchase shares in privately held technology companies before their IPOs. These companies included Twitter, Inc., Alibaba Group Holding Limited, Uber Technologies, Inc., Square, Inc., Pinterest, Inc., and GoDaddy Group, Inc. Moreover, ELM and Naqvi falsely represented that they had access to these pre-IPO shares because of their relationships with leading venture capital firms, such as Kleiner Perkins Caufield & Byers, Benchmark Capital, and Silver Lake Management, L.L.C. In truth and in fact, ELM and Naqvi did not invest in the pre-IPO shares of these companies and did not have relationships with these venture capital firms.
ELM and Naqvi comingled the approximately $18 million that was invested in the Elm Tree Funds in a single investment account and then invested only a portion of the money, approximately $7.1 million. At no point did any of the Elm Tree Funds return a profit. Instead, for example, between January 2014 and November 2014, the Elm Tree Funds lost approximately $3.9 million in trading.
Moreover, of the investor funds that ELM and Naqvi did not lose in securities trading, ELM routinely converted investor funds to his own use in the form of cash withdrawals and to pay personal expenses, including to purchase a multimillion-dollar home, high-end furnishings, and other personal items, such as jewelry, daily living expenses, and luxury automobiles, including a Bentley, a Maserati, and a Range Rover.
The conversion of investors’ funds was contrary to the representations that ELM and Naqvi made to investors concerning their and ETIA’s fees. ELM and Naqvi falsely represented that they and ETIA would take a two percent annual management fee plus a performance fee of 20 percent of any profits that the Elm Tree Funds earned. In truth and in fact, ELM converted investor money that far exceeded the two percent management fee. Moreover, because the Elm Tree Funds never returned a profit, ELM, Naqvi, and ETIA were not entitled to a percentage of any profits.
ELM and Naqvi also used approximately $5.2 million of new investor funds to make payments to earlier investors in a Ponzi-like fashion. To prevent or forestall redemptions, and continue to raise money to fund their scheme, ELM and Naqvi also generated fictitious account statements and made oral and written misrepresentations that their trading strategies were generating consistently positive returns.
For example, beginning in mid-2013, ELM and Naqvi began to solicit Victim-1 to invest with ETIA in the Elm Tree Funds. On June 11, 2013, Naqvi sent Victim-1 a series of emails regarding the Elm Tree Emerging Growth Fund, in which he falsely represented, among other things, that the fund would invest in pre-IPO Twitter shares, and that ELM, Naqvi, and ETIA had “key contacts” with venture capital firms like Kleiner Perkins Caufield & Byers and Benchmark Capital. ELM and Naqvi subsequently had in-person meetings and telephone calls with Victim-1 about this investment. On October 9, 2013, Victim-1 invested approximately $52,500 in the Elm Tree Emerging Growth Fund. Following Twitter’s IPO on November 6, 2013, Twitter’s stock price rose, and Naqvi subsequently told Victim-1 that ELM, Naqvi, and ETIA had used an options strategy to lock in Victim-1’s profits in Twitter. Because the fund had not invested in pre-IPO Twitter shares, there were no profits to lock in. Thereafter, ELM and Naqvi sent fraudulent account statements to Victim-1, including one sent on March 7, 2014. The statement falsely indicated that Victim-1’s investment in the fund was valued at $274,550 (up from $52,500), and that the Elm Tree Emerging Growth Fund was valued at $68,115,855.
ELM and Naqvi made similar misrepresentations with respect to Victim-1’s subsequent investments in the Elm Tree ‘e’Conomy Fund and Elm Tree Motion Opportunity, falsely indicating that those funds invested in Alibaba, Uber, Square, Pinterest, and GoDaddy, and that Victim-1’s investments were growing. ELM and Naqvi also falsely represented that the value of the Elm Tree ‘e’Conomy Fund as of December 12, 2014, was $125,484,750 and that the value of Elm Tree Motion Opportunity as of December 18, 2014, was $77,286,220 – falsely claiming that the total value of the Elm Tree Funds was more than $270 million.
ELM was initially arrested in April 2016 and released on bail. In June 2017, approximately one week before his then-scheduled guilty plea, ELM fled to Canada. ELM was subsequently arrested in Canada and extradited to the United States in January 2020. Naqvi, who had been a fugitive since his indictment in 2016, was arrested in Canada and extradited to the United States in November 2019.
* * *
ELM, 51, pled guilty to one count of securities fraud conspiracy and one count of securities fraud, which carry a maximum sentence of five years and twenty years in prison, respectively. The charges also carry a maximum fine of $5,000,000, or twice the gross gain or loss from the offenses. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. ELM also agreed to forfeit $8,318,840.07. ELM is scheduled to be sentenced by Judge Ramos on August 7, 2020, at 11:00 a.m.
Mr. Berman praised the work of Homeland Security Investigations and the U.S. Department of Justice’s Office of International Affairs, and thanked the U.S. Securities and Exchange Commission for its assistance. Mr. Berman also thanked Canadian law enforcement for its support and assistance.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Joshua A. Naftalis is in charge of the prosecution.
Gretna Woman is Sentenced for Filing False Tax ReturnRead the Press Release
NEW ORLEANS - U.S. Attorney Peter G. Strasser announces the sentencing on May 14, 2020 of PATRICIA HARGIS, age 71, of Gretna, for charges stemming from filing a false federal income tax return. U.S. District Judge Mary Ann Vial Lemmon sentenced HARGIS to 21 months of home confinement as part of a three-year probation term, a $7,500 fine, and restitution to the Internal Revenue Service in the amount of $110,810.
HARGIS admitted to intentionally understating her income in each tax return for the years 2011 through 2015, causing her taxes to be understated by a total of approximately $110,810.
U.S. Attorney Strasser praised the work of the Internal Revenue Service - Criminal Investigation Division and the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorneys Chandra Menon and Andre J. Lagarde are in charge of the prosecution.
Georgia Woman Arrested for Role in Scheme to Defraud Health Care Benefit Programs Related to Cancer Genetic Testing and COVID-19 TestingRead the Press Release
A Georgia woman was arrested today for her alleged role in a conspiracy to defraud Medicare, a federally funded health care benefit program, by submitting false and fraudulent claims for cancer genetic (CGX) testing, as well as her role in conspiring to submit fraudulent claims related to COVID-19 and other tests.
Ashley Hoobler Parris, aka Ashley Hoobler and Ashley Parris, 32, of Lawrenceville, Georgia, is charged by complaint with conspiring to violate the Anti-Kickback Statute and conspiring to commit health care fraud. Hoobler was arrested this morning and is scheduled to have her initial court appearance this afternoon before U.S. Magistrate Judge Justin S. Anand of the Northern District of Georgia.
“The defendant allegedly sought to pay and receive illegal kickbacks in exchange for referring Medicare beneficiaries for expensive genetic screening tests and COVID-19 tests,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “The department will continue to work with our law enforcement partners to protect the public from those who defraud our government health care programs, especially those who exploit the COVID-19 pandemic for personal gain.”
“Fraud related to COVID-19 is particularly disturbing as it exploits a national crisis for personal gain,” said U.S. Attorney Maria Chapa Lopez of the Middle District of Florida. “The U.S. Attorney’s Office and our law enforcement partners remain focused on investigating and prosecuting individuals seeking to defraud federal government programs for personal profit, especially during this pandemic.”
“Let this arrest be a warning that our agents remain vigilant in our fight against healthcare fraud and improper billing of federal healthcare programs,” said Omar Pérez Aybar, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “With our law enforcement partners, we will continue to hold accountable those who attempt to enrich themselves at the government’s expense.”
The complaint alleges that, starting in or around October of 2018, and continuing through the present, Hoobler solicited and received illegal kickback payments from the owners and operators of a diagnostic testing laboratory in exchange for referring Medicare beneficiaries to this laboratory. The complaint further alleges that the owners and operators of the laboratory then submitted claims to Medicare for cancer genetic testing for the beneficiaries referred by Hoobler that were not eligible for reimbursement. The laboratory paid Hoobler a percentage of the paid claims as kickbacks.
Initially, the scheme related to Hoobler’s receipt of kickbacks for submitting CGX tests to diagnostic testing facilities. CGX testing is a type of test that uses DNA sequencing to detect mutations in genes that could indicate a higher risk of developing certain types of cancers in the future. CGX testing is not a method of diagnosing whether an individual presently has cancer. Generally, in order to have CGX tests conducted, an individual must complete a buccal or nasopharyngeal swab, or a respiratory sample, to collect a specimen, which specimen can then be transmitted to a laboratory for testing. Medicare rules and regulations provide that CGX testing is only reimbursable under certain specific circumstances, and tests not ordered by the physician who is treating the Medicare beneficiary are not considered reasonable and necessary.
The complaint alleges that Hoobler and her co-conspirators would obtain Medicare patient information and swabs by having Medicare beneficiaries complete genetic test kits, without regard to their medical necessity. Hoobler and her co-conspirators would obtain doctors’ orders for CGX testing for those beneficiaries by paying illegal kickbacks to co-conspirators at telemedicine companies. Hoobler also received illegal kickbacks in exchange for sending the completed CGX swabs and doctors’ orders to a laboratory. The laboratory would then submit false and fraudulent claims to Medicare.
Starting in or around February 2020, the effects of the COVID-19 pandemic began to be felt in the United States. According to the allegations in the complaint, as the COVID-19 crisis began to escalate, certain laboratory owners and operators have been willing to pay illegal kickbacks in exchange for completed COVID-19 and Respiratory Pathogen Panel (RPP) tests, which reimburse at a much higher rate than the COVID-19 tests.
The complaint further alleges that Hoobler agreed with others to be paid kickbacks on a per-test basis for COVID-19 tests, provided that those tests were bundled with more expensive RPP tests. Medicare’s reimbursement rates for the RPP tests are approximately four times higher than the reimbursement rates for the COVID-19 test.
HHS-OIG’s Miami Regional Office investigated the case with assistance from the Atlanta Regional Office and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Middle District of Florida. Trial Attorney Alejandro J. Salicrup is prosecuting the case.
A complaint is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Georgia Woman Arrested for Role in Scheme to Defraud Health Care Benefit Programs Related to Cancer Genetic Testing and COVID-19 TestingRead the Press Release
Tampa, FL – A Georgia woman was arrested today for her alleged role in a conspiracy to defraud Medicare, a federally funded health care benefit program, by submitting false and fraudulent claims for cancer genetic (CGX) testing, as well as her role in conspiring to submit fraudulent claims related to COVID-19 and other tests.
Ashley Hoobler Parris, aka Ashley Hoobler and Ashley Parris, 32, of Lawrenceville, Georgia, is charged by
complaint with conspiring to violate the Anti-Kickback Statute and conspiring to commit health care fraud. Hoobler was arrested this morning and is scheduled to have her initial court appearance this afternoon before U.S. Magistrate Judge Justin S. Anand of the Northern District of Georgia.“The defendant allegedly sought to pay and receive illegal kickbacks in exchange for referring Medicare beneficiaries for expensive genetic screening tests and COVID-19 tests,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “The department will continue to work with our law enforcement partners to protect the public from those who defraud our government health care programs, especially those who exploit the COVID-19 pandemic for personal gain.”
“Fraud related to COVID-19 is particularly disturbing as it exploits a national crisis for personal gain,” said U.S. Attorney Maria Chapa Lopez of the Middle District of Florida. “The U.S. Attorney’s Office and our law enforcement partners remain focused on investigating and prosecuting individuals seeking to defraud federal government programs for personal profit, especially during this pandemic.”
“Let this arrest be a warning that our agents remain vigilant in our fight against healthcare fraud and improper billing of federal healthcare programs,” said Omar Pérez Aybar, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “With our law enforcement partners, we will continue to hold accountable those who attempt to enrich themselves at the government’s expense.”
The complaint alleges that, starting in or around October of 2018, and continuing through the present, Hoobler solicited and received illegal kickback payments from the owners and operators of a diagnostic testing laboratory in exchange for referring Medicare beneficiaries to this
laboratory. The complaint further alleges that the owners and operators of the laboratory then submitted claims to Medicare for cancer genetic testing for the beneficiaries referred by Hoobler that were not eligible for reimbursement. The laboratory paid Hoobler a percentage of of the paid claims as kickbacks.
Initially, the scheme related to Hoobler’s receipt of kickbacks for submitting CGX tests to diagnostic testing facilities. CGX testing is a type of test that uses DNA sequencing to detect mutations in genes that could indicate a higher risk of developing certain types of cancers in the future. CGX testing is not a method of diagnosing whether an individual presently has cancer. Generally, in order to have CGX tests conducted, an individual must complete a buccal or nasopharyngeal swab, or a respiratory sample, to collect a specimen, which specimen can then be transmitted to a laboratory for testing. Medicare rules and regulations provide that CGX testing is only reimbursable under certain specific circumstances, and tests not ordered by the physician who is treating the Medicare beneficiary are not considered reasonable and necessary.
The complaint alleges that Hoobler and her co-conspirators would obtain Medicare patient information and swabs by having Medicare beneficiaries complete genetic test kits, without regard to their medical necessity. Hoobler and her co-conspirators would obtain doctors’ orders for CGX testing for those beneficiaries by paying illegal kickbacks to co-conspirators at telemedicine companies. Hoobler also received illegal kickbacks in exchange for sending the completed CGX swabs and doctors’ orders to a laboratory. The laboratory would then submit false and fraudulent claims to Medicare.
Starting in or around February 2020, the effects of the COVID-19 pandemic began to be felt in the United States. According to the allegations in the complaint, as the COVID-19 crisis began to escalate, certain laboratory owners and operators have been willing to pay illegal kickbacks in exchange for completed COVID-19 and Respiratory Pathogen Panel (RPP) tests, which reimburse at a much higher rate than the COVID-19 tests.
The complaint further alleges that Hoobler agreed with others to be paid kickbacks on a per-test basis for COVID-19 tests, provided that those tests were bundled with more expensive RPP tests. Medicare’s reimbursement rates for the RPP tests are approximately four times higher than the reimbursement rates for the COVID-19 test.
HHS-OIG’s Miami Regional Office investigated the case with assistance from the Atlanta Regional Office and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Middle District of Florida. Trial Attorney Alejandro J. Salicrup is prosecuting the case.
A complaint is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Fresno Man Admits Sexual Exploitation of at Least 50 Children Through Multiple Social Media AppsRead the Press Release
FRESNO, Calif. — Jacob Blanco, 28, of Fresno, pleaded guilty today to five counts of sexual exploitation of a minor, as well as one count of receipt and distribution of child pornography, U.S. Attorney McGregor W. Scott announced.
According to the plea agreement, Blanco’s activities were discovered in March 2017 when the parents of a then six-year-old discovered that the minor had communicated with and created sexually explicit images at the request of another user on the social media application Musical.ly (now TikTok). Law enforcement investigators subsequently identified the offender as Blanco. Investigators searched Blanco’s residence and digital devices and discovered that he had successfully persuaded and coerced multiple minors to produce sexually explicit material. Blanco used various methods of deception and enticement, including by pretending to be a modeling agent or to be a minor himself. Blanco used Snapchat, Kik, Musical.ly (TikTok), and other applications to communicate with minor females for the purpose of having those minors create and transmit to him images of themselves engaged in sexually explicit conduct. Blanco admitted to law enforcement investigators, and as part of his plea agreement, that he communicated with at least 50 minors.
This investigation is the product of an investigation by Homeland Security Investigations (HSI) with assistance from the Fresno County Sheriff’s Office and the Fresno County Police Department along with numerous law enforcement agencies in various states. Assistant U.S. Attorney David L. Gappa and Trial Attorney Nadia C. Prinz of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) are prosecuting the case.
Sentencing is set for Oct. 9 before U.S. District Judge Dale A. Drozd. Blanco faces a mandatory minimum of 15 years in prison and a maximum of 30 years in prison for each sexual exploitation count and 5–20 years in prison for the distribution of child pornography count. For all counts there is a potential $250,000 fine and lifetime supervised release. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Former Fulton County Tannery Owner Ordered to Pay Restitution for Clean-up of Hazardous WasteRead the Press Release
SYRACUSE, NEW YORK – Robert Carville, age 57, formerly of Johnstown, New York, was ordered today to pay $369,693.58 in restitution to the United States Environmental Protection Agency (EPA) to reimburse it for its expenses incurred in removing hazardous waste that Carville stored without a permit at the former Carville National Leather Corporation building in Johnstown.
The announcement was made by United States Attorney Grant C. Jaquith and Tyler Amon, Special Agent in Charge of the EPA’s Criminal Investigation Division (EPA-CID) in New York.
Carville National Leather Corporation was a family owned tannery business that operated in Johnstown, New York, from 1976 until it closed in September 2013. Robert Carville owned and operated the business for approximately 10 years prior to its closure.
Carville pled guilty in December 2018 to one felony count of illegally storing hazardous waste without a permit. As part of his guilty plea, Carville admitted that as the owner and manager of the tannery, he was responsible for the materials stored there when it ceased operations. Following the closure of the business, Carville moved out of state, leaving hundreds of containers of hazardous chemicals inside the abandoned tannery building. Some of these were labeled as “corrosive,” “acidic,” and “hazardous.” Carville did not have a permit to store hazardous materials. Chemicals began leaking from the tannery building approximately two years after Carville abandoned it. In light of the tannery’s proximity to multiple residences and to a local creek, EPA deemed it a Superfund site and incurred substantial expenses in cleaning up and removing the chemicals over a several-month period.
On July 22, 2019, Senior United States District Judge Frederick J. Scullin, Jr. sentenced Carville to serve a 2-year term of probation. However, the Court deferred until today a determination on any restitution Carville owed EPA as part of the sentence. The parties presented evidence and testimony regarding restitution at an evidentiary hearing in December 2019. After reviewing that evidence and considering legal briefs filed by the parties, Senior District Judge Scullin today issued an order directing Carville, as part of his sentence, to pay $369,693.58 in restitution to EPA.
This case was investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division (EPA-CID), and it was prosecuted by Assistant U.S. Attorney Michael F. Perry.
Former Elementary School Principal Sentenced to 97 Months in Prison for Possessing Child PornographyRead the Press Release
Fort Lauderdale, Florida – A federal judge today sentenced Frank Richard Beyer (a/k/a “Rick Beyer”), 75, of Fort Lauderdale, Florida, to 97 months in prison for possessing child pornography that included images of boys under age 12 engaged in sex acts and exposing their genitals. Prior to living in Florida, Beyer lived in New York, where he taught sixth grade and was an elementary school principal.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
According to court records, law enforcement received multiple cyber tips that an on-line user had uploaded child pornography to internet platforms. The cybertips included an email address that led law enforcement officers to Beyer. On November 20, 2019, officers executed a search warrant at Beyer’s home. They found external digital storage devices that contained multiple pictures and videos of children (some under age 12) engaging in explicit sexual conduct with other children or adults. Law enforcement later forensically examined Beyer’s devices, finding almost 4,000 pictures and over 1,200 videos of child pornography. They also discovered that Beyer communicated with at least one person on an encrypted chat program and distributed child pornography to that person.
On March 5, 2020, Beyer pled guilty to possessing child pornography.
U.S. Attorney Fajardo Orshan commended the investigative efforts of FBI, Broward County Sheriff’s Office, and Homeland Security Investigations. Assistant U.S. Attorney Ajay Alexander prosecuted this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (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.projectsafechildhood.gov.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
For more information on the U.S. Attorney’s Office for the Southern District of Florida, visit https://www.justice.gov/usao-sdfl.
Federal Grand Jury Returns Indictment Charging Pakistani Doctor with Attempting to Provide Material Support to ISISRead the Press Release
Assistant Attorney General for National Security John C. Demers and U.S. Attorney for the District of Minnesota Erica H. MacDonald today announced that a federal grand jury sitting in Minneapolis, Minnesota, returned a single-count indictment against Muhammad Masood, 28, charging him with attempting to provide material support to a designated foreign terrorist organization. Masood, who was initially charged in a criminal complaint on March 19, 2020, is currently in custody pending further court proceedings.
According to the indictment and documents filed in court, Masood, a licensed medical doctor in Pakistan, was formerly employed as a Research Coordinator at a medical clinic in Rochester, Minnesota, under an H-1B Visa. Between January 2020 and March 2020, Masood made several statements to others, including pledging his allegiance to the Islamic State of Iraq and Al-Sham (ISIS) and its leader, and expressing his desire to travel to Syria to fight for ISIS. Masood also expressed his desire to conduct “lone wolf” terrorist attacks in the United States. On Feb. 21, 2020, Masood purchased a plane ticket from Chicago, Illinois to Amman, Jordan, and from there planned to travel to Syria. On March 16, 2020, Masood’s travel plans changed because Jordan closed its borders to incoming travel due to the Coronavirus pandemic. Masood made a new plan to fly from Minneapolis to Los Angeles to meet up with an individual who he believed would assist him with travel via cargo ship to deliver him to ISIS territory.
On March 19, 2020, Masood traveled from Rochester to Minneapolis-St. Paul International Airport (MSP) to board a flight bound for Los Angeles, California. Upon arrival at MSP, Masood checked in for his flight and was subsequently arrested by the FBI’s Joint Terrorism Task Force.
This case is the result of an investigation conducted by the FBI’s Joint Terrorism Task Force.
This case is being prosecuted by Assistant U.S. Attorneys Andrew R. Winter and Timothy C. Rank, with assistance from Trial Attorney Katie Sweeten of the National Security Division’s Counterterrorism Section.
The charges contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Federal Grand Jury Returns Indictment Charging Pakistani Doctor with Attempting to Provide Material Support to ISISRead the Press Release
United States Attorney Erica H. MacDonald today announced that a federal grand jury sitting in Minneapolis, Minnesota, returned a single-count indictment against MUHAMMAD MASOOD, 28, charging him with attempting to provide material support to a designated foreign terrorist organization. MASOOD, who was initially charged in a criminal complaint on March 19, 2020, is currently in custody in the Sherburne County Jail pending further court proceedings.
According to the indictment and documents filed in court, MASOOD, a licensed medical doctor in Pakistan, was formerly employed as a Research Coordinator at a medical clinic in Rochester, Minnesota, under an H-1B Visa. Between January 2020 and March 2020, MASOOD made several statements to others, including pledging his allegiance to the Islamic State of Iraq and Al-Sham (“ISIS”) and its leader, and expressing his desire to travel to Syria to fight for ISIS. MASOOD also expressed his desire to conduct “lone wolf” terrorist attacks in the United States. On Feb. 21, 2020, MASOOD purchased a plane ticket from Chicago, Illinois to Amman, Jordan, and from there planned to travel to Syria. On March 16, 2020, MASOOD’s travel plans changed because Jordan closed its borders to incoming travel due to the Coronavirus pandemic. MASOOD made a new plan to fly from Minneapolis to Los Angeles to meet up with an individual who he believed would assist him with travel via cargo ship to deliver him to ISIS territory.
On March 19, 2020, MASOOD traveled from Rochester to Minneapolis-St. Paul International Airport (MSP) to board a flight bound for Los Angeles, California. Upon arrival at MSP, MASOOD checked in for his flight and was subsequently arrested by the FBI’s Joint Terrorism Task Force.
This case is the result of an investigation conducted by the FBI’s Joint Terrorism Task Force.
This case is being prosecuted by Assistant U.S. Attorneys Andrew R. Winter and Timothy C. Rank, with assistance from Trial Attorney Katie Sweeten of the National Security Division’s Counterterrorism Section.
The charges contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defendant Information:
MUHAMMAD MASOOD, 28
Rochester, Minn.
Charges:
- Attempt to provide material support to a designated foreign terrorist organization (ISIS), 1 count
###
Additional news available on our website.
Follow us on Twitter and Facebook.
United States Attorney’s Office, District of Minnesota: (612) 664-5600
Fayetteville Drug Trafficker Sentenced to 48 Months ImprisonmentRead the Press Release
RALEIGH, N.C. – A Fayetteville man was sentenced today to 48 months in prison for Conspiracy to Distribute and Possess with Intent to Distribute a Quantity of Heroin, a Quantity of Cocaine, and 28 Grams of More of Cocaine Base (Crack); and Possession with Intent to Distribute a Quantity of Heroin, a Quantity of Cocaine, and a Quantity of Cocaine Base (Crack), and Aiding and Abetting.
According to court documents, in July 2018, investigators learned that Rashaan Lakim Williams, 42, was distributing controlled substances in the area of Fayetteville. From July 2018 until January 2019, agents conducted controlled purchases of 69.57 grams of cocaine and 41.07 grams of cocaine base (crack) from Williams. Investigators obtained a warrant to search two residences associated with Williams. From those two residences, agents seized approximately $30,000 in United States currency, 522.74 grams of cocaine, 25.6 grams of cocaine base (crack), 13.62 grams of heroin, and 74.4 grams of marijuana.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina, made the announcement after sentencing by Chief U.S. District Judge Terrence W. Boyle. The Federal Bureau of Investigation and the Fayetteville Police Department conducted the investigation and Assistant U.S. Attorney Scott A. Lemmon prosecuted the case.
A copy of this press release is located on our website. Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-cr-00190-BO.
###
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.
Fayette County Man Pleads Guilty to Two Armed Robberies of Lexington PharmacyRead the Press Release
LEXINGTON, Ky. – A Lexington man, Michael R. McReynolds Jr., 32, pleaded guilty on Friday, before Chief United States District Judge Danny Reeves, to Hobbs Act robbery and carrying and using a firearm during a crime of violence.
According to McReynolds’ plea agreement, on September 27, 2019, he robbed the Hubbard & Curry Pharmacy located in Lexington. McReynolds, who was armed with an AK-style firearm, took oxycodone pills, other drugs, and approximately $300. On October 21, 2019, McReynolds again robbed the pharmacy. During the second robbery, McReynolds was again armed with an AK-style firearm, and he stole approximately 500 oxycodone pills.
Based on evidence collected, law enforcement officers identified McReynolds as the perpetrator of both robberies. Officers arrested McReynolds at his fiancée’s home on October 21, 2019, and located several of the prescription pills that were stolen during the pharmacy robberies.
As part of his plea agreement, McReynolds admitted to possessing and brandishing a firearm to help facilitate his robberies of the pharmacy.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; J. Todd Scott, Special Agent in Charge, DEA, Louisville Field Division; and Lawrence Weathers, Chief of Police, Lexington Police Department jointly made the announcement.
McReynolds Jr. is scheduled to be sentenced on August 21, 2020. He faces up to 20 years in prison on the robbery convictions and a minimum of 10 years in prison, to run consecutively, for the firearm convictions. However, any sentence will be imposed by the Court after its consideration of the United States Sentencing Guidelines and applicable federal sentencing statutes.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
– END –
Faulkton Man Charged and Sentenced for Wildlife Violations Involving Bald Eagle DeathsRead the Press Release
United States Attorney Ron Parsons announced that a Faulkton, South Dakota, man convicted of Unlawful Taking of Bald Eagles, Unlawful Taking of Migratory Birds, and Unlawful Use of Restricted Use Pesticide was charged by information on May 7, 2020, and was sentenced on May 13, 2020, by U.S. Magistrate Judge Mark A. Moreno.
Kevin Deiter, age 43, appeared on May 13, 2020, pled guilty to the Information, and was ordered to pay a total of $29,400 in restitution, $9,800 per eagle, a $5,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $40.
On March 21, 2017, the U.S. Fish and Wildlife Service received notification from the South Dakota Game, Fish and Parks Department that three dead bald eagles were recovered in Faulk County. In the area where the bald eagles were recovered, law enforcement noted impression marks from silage bags that had been removed, a dead skunk, a dead mink, two partially intact chicken eggs, and a collection of chicken egg shell fragments. During the investigation Dieter admitted to injecting the chicken eggs with carbamate carbofuran and placing them near the silage bags in order to keep skunks and mink from destroying the silage bags. It was determined that the three bald eagles and the skunk and mink that were recovered had each died of carbamate carbofuran poisoning.
This case was investigated by the U.S. Fish and Wildlife Service and the South Dakota Game, Fish and Parks Department. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
El Paso Woman Charged by Federal Complaint with Posting Threatening Communications OnlineRead the Press Release
In El Paso today, federal authorities filed a criminal complaint against 25–year-old Vanessa Tarrango for communicating a threat online, announced U.S. Attorney John F. Bash and FBI Special Agent in Charge Luis M. Quesada, El Paso Division.
The criminal complaint alleges that on May 13, 2020, Tarrango posted the following on Facebook:
“For the past years or so theres been Walmart shootin that jst keep getting funnuer n funnier immab the nxt one to shoot up Walmart n hopefully one of these x or even my bd will be there Cruel yes but idc more”.
The complaint further alleges that Tarrango responded to posted comments by stating:
“lmao bitch they act like imam take time out of my day too shoot these dumb ppl idc or heard of im not gunna get a charge for ppl idk”. “Or maybe only time will tell fukk it”.
According to the complaint, Tarrango then followed up by tagging a Facebook user in a post stating:
“Hoe got scared n reported it shell be the first one I shoot.”
She also responded to another Facebook user’s response with:
“Idc dude fr they can kiss my ass in jail n ill send them letters sayin there nxt”.
The complaint also alleges that Tarrango posted the threats in response to the arrest this week of a friend. On Monday, Alex Barron was arrested on federal firearms charges in connection with an investigation into the alleged posting on a social media application of a photograph of an AR-15 style rifle with a caption stating “…#watchoutwalmartimcoming #droplikeflys…”.
Upon conviction, Tarrango faces up to five years in federal prison. She remains in custody at this time. Her initial appearance before a federal magistrate judge is expected to occur next week.
“Once again our community stepped up in order to protect itself. It takes the help of the entire community and the resources from law enforcement to keep our fellow citizens safe from harm. We thank you,” stated FBI Special Agent in Charge Luis Quesada. “A threat will be taken seriously. It is not a joke; it is a federal crime. Think before you post on social media.”
The FBI, El Paso Police Department and the Socorro Police Department are investigating this case. Assistant U.S. Attorney Ian Hanna is prosecuting this case on behalf of the government.
A criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
#####
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.
East St. Louis Man Hit with Nearly 20 Years in Prison for Running Drugs, Keeping Guns While on Federal Supervised ReleaseRead the Press Release
East St. Louis, Ill. – Reoffending in the federal system has cost one East St. Louis resident
almost two decades of his life behind bars. In 2017, James T. Keel, 31, was out on federal
supervised release when he was caught selling cocaine from a house in East St. Louis. On Wednesday,
United States District Judge Staci M. Yandle sentenced Keel to 210 months in prison, to run
consecutively to the 27.5-month sentence Keel had already received back in February for violating
the terms of his supervised release.Keel was originally prosecuted in 2012 for being a convicted felon in possession of a firearm and
possession with intent to distribute 30 grams of crack cocaine. He was convicted and sentenced to
70 months in June 2012 and began serving a term of supervised release in May 2016. In September and
October 2017, undercover agents working with the Metropolitan Enforcement Group of Southern
Illinois (MEGSI) and the St. Clair County Sheriff’s Office purchased crack cocaine from Keel on
four occasions. Agents then served a search warrant on the residence and recovered 95 grams of
powder cocaine, 64 grams of crack cocaine, 7 firearms, and over $17,000 in cash. It was later
determined that Keel had been selling drugs out of the house for over 9 months before he was
caught.In handing down the 17.5-year sentence, Judge Yandle emphasized the need to protect the public from
Keel and deter others who are part of the ongoing drug epidemic plaguing our society. Keel
testified at his sentencing hearing that he hadn’t sold as much cocaine as the agents claimed, but
Judge Yandle found his testimony “disingenuous” as it contradicted what he told investigators
during a videotaped interview. Judge Yandle further pointed to the number of guns Keel illegally
kept in the house where he was selling cocaine, as well as the length of time he had been selling
drugs. It was clear, she said, that Keel had not learned anything from his previous stint in
prison.Keel pleaded guilty to the charges in August 2018. As part of his sentence, he was ordered to serve
an additional 10 years of supervised release when his prison term ends.This case was investigated by the St. Clair County Sheriff’s Office, MEGSI, and the Bureau of
Alcohol, Tobacco, Firearms & Explosives. Assistant United States Attorney Christopher Hoell
prosecuted the case.
Dominican National Charged with Illegal ReentryRead the Press Release
BOSTON – A Dominican national living in Lawrence was charged yesterday in federal court with illegal reentry.
Wilkin Jose Guerrero Villar, 40, was charged by criminal complaint with illegal reentry after deportation. Following his initial appearance before U.S. Magistrate Judge Judith G. Dein, Guerrero Villar was detained pending a detention hearing set for May 20, 2020.
According to charging documents, in June 2016, Guerrero Villar was encountered by an ICE official while in pre-trial custody at the Middlesex House of Corrections. At that time, Guerrero Villar was determined to be illegally present in the United Sates, placed into removal proceedings, and deported to the Dominican Republic on June 21, 2016.
It is alleged that sometime after his removal in 2016, Guerrero Villar illegally reentered the United States. On May 5, 2020, Guerrero Villar was encountered by ICE in Haverhill, his prints were taken, and found to match the prints in his alien file. Guerrero Villar was then taken into ICE administrative custody.
The charging statute provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Guerrero Villar will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Todd Lyons, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
Department of Justice Supports National Pork Producers Council’s Ability to Combat Meat ShortageRead the Press Release
The Department of Justice (Department) issued a letter today to the National Pork Producers Council, the nation’s leading association of hog farmers, to address its proposed responses to challenges posed by COVID-19. The department will not challenge the proposed collaborative efforts of the National Pork Producers Council (NPPC) to work with the U.S. Department of Agriculture (USDA) to address certain hardships facing hog farmers as a result of the COVID-19 pandemic.
The letter explains that the processing plant closures addressed in President Donald J. Trump’s April 28, 2020, Executive Order have had impacts up and down the supply chain. One of those impacts, according to NPPC, is the tragic need to euthanize unmarketable hogs that could not be brought to market due to processing capacity challenges. The letter determines that the NPPC and its members may work at the direction of the USDA and state agriculture agencies to achieve humane and efficient euthanization of hogs that have grown too large to be processed and are thus unmarketable. The NPPC may also share general information with its members about best practices for depopulating unmarketable hogs.
“Today’s letter addresses some of the challenges created for farmers when packing capacity shuts down,” stated Assistant Attorney General Makan Delrahim. “Meanwhile, we remain committed to vigorous enforcement of the antitrust laws to ensure that farmers and consumers see the benefits of competition.”
The NPPC submitted its business review request pursuant to the expedited, temporary review procedure detailed in the Joint Antitrust Statement Regarding COVID-19 (joint statement) issued on March 24 by both the department and the Federal Trade Commission (FTC). In the joint statement, the department announced its aim to resolve COVID-19-related business review requests within seven calendar days of receiving all necessary information.
Copies of the business review request and the department’s response are available on the Antitrust Division’s website at https://www.justice.gov/atr/business-review-letters-and-request-letters, as well as in a file maintained by the Antitrust Documents Group of the Antitrust Division. After a 30-day waiting period, any documents supporting the business review will be added to the file, unless a basis for their exclusion for reasons of confidentiality has been established under the business review procedure. Supporting documents in the file will be maintained for a period of one year, and copies will be available upon request to the FOIA/Privacy Act Unit, Antitrust Documents Group at [email protected].
Court Orders Oklahoma Company to Stop Selling Colloidal Silver as Treatment for COVID-19Read the Press Release
MUSKOGEE, OKLAHOMA – A federal court in Muskogee, Oklahoma, has entered a temporary restraining order halting the sale of an unapproved colloidal silver product to treat COVID-19.
The U.S. District Court for the Eastern District of Oklahoma entered the temporary restraining order on May 14, 2020 in response to a civil complaint and accompanying court papers filed by the Department of Justice. In its complaint, the department alleges that Xephyr LLC, doing business as N-Ergetics, and its owners Brad Brand, Derill J. Fussell, and Linda Fussell, sell and distribute a colloidal silver product claiming that it will cure, mitigate, or treat coronavirus and its resulting disease, COVID-19, as well as other diseases including pneumonia, AIDS, and cancer. Colloidal silver is a suspension of silver particles in a liquid, and it is not generally recognized as safe and effective by qualified experts for any of the uses for which defendants promote it.
“The Department of Justice takes swift action to protect consumers from unsafe products that are unlawfully sold as COVID-19 treatments,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “We will continue to work closely with the Food and Drug Administration to prevent harm to consumers from unlawful products during this pandemic.”
“The facts leading to this civil action underscore the importance of exercising extreme caution when dealing with people making claims to have a cure-all,” said U.S. Attorney Brian J. Kuester for the Eastern District of Oklahoma. “National disasters bring out the best of many Americans. Unfortunately there are those who seek to take advantage of the fear and anxiety caused by widespread disasters, such as the Coronavirus, that may cause people to be more vulnerable to fraudulent claims.”
The department’s complaint alleges that defendants are introducing unapproved new drugs into interstate commerce and that their disease-related treatment claims are unsupported by any well-controlled clinical studies or other credible scientific substantiation. Additionally, the complaint asserts that, because defendants’ products do not have adequate directions for lay users, the products are misbranded.
On March 6, 2020, FDA, jointly with the Federal Trade Commission, issued a Warning Letter to defendants notifying them that they are violating federal law (including the Federal Food, Drug, and Cosmetic Act) by, among other things, distributing unapproved new drugs and misbranded drugs in interstate commerce. After receipt of this warning, the complaint alleges, the defendants attempted to cloak their claims to prevent liability, while continuing to make the same substantive claims and to sell colloidal silver as a cure, mitigation, or treatment for coronavirus and COVID-19.
“Xephyr’s claims that their unapproved colloidal silver products can cure, mitigate, prevent, or treat COVID-19, or other diseases like cholera, diabetes, cancer, and AIDS, will not be tolerated. Americans expect and deserve medical treatments that have been scientifically proven to be safe and effective, especially during this ongoing pandemic,” said Stacy Amin, FDA Chief Counsel. “The FDA will continue our efforts to make sure that this and other like-minded sellers comply with the law.”
The enforcement action is being prosecuted by Trial Attorneys Rachel E. Baron and Adam E. Lyons of the Department of Justice, Civil Division’s Consumer Protection Branch, and Assistant U.S. Attorney Michael O’Malley of the U.S. Attorney’s Office for the Eastern District of Oklahoma, with assistance from Associate Chief Counsel for Enforcement Jaclyn Martínez Resly of the FDA, Office of the General Counsel, Department of Health and Human Services.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove to receive a permanent injunction against the defendants.
In response to the department’s filing, defendants immediately took down their sales site. In addition, they have posted a message offering refunds to their customers: “Due to the FDA and the DOJ’s requests, this site has been removed. Anyone who has ordered in the last 90 days, and would like a refund, please email...” The department will continue to seek complete relief against defendants.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Eastern District of Oklahoma, visit its website at www.justice.gov/usao-edok. For information about the Department of Justice’s efforts to stop illegal COVID-19-related activity, visit www.justice.gov/coronavirus. For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and World Health Organization (WHO) websites.
The public is urged to report suspected fraud schemes related to COVID-19 (the Coronavirus) to the National Center for Disaster Fraud (NCDF) hotline by phone at (1-866-720-5721) or via an online reporting form available at www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form.
Colombian National Pleads Guilty to Cocaine TraffickingRead the Press Release
BOSTON – A Colombian national pleaded guilty today in federal court in Boston to cocaine trafficking charges.
Diego Sanchez, 34, pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 500 grams or more of cocaine, two counts of distribution and possession with intent to distribute cocaine, and one count of possession with intent to distribute 500 grams or more of cocaine. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Sept. 14, 2020. Sanchez has been in federal custody since his arrest on Oct. 9, 2019.
Sanchez engaged in two sales of cocaine to a cooperating witness on Sept. 10 and 27, 2019, in East Boston. Sanchez and his co-defendant also conspired to sell one kilogram of cocaine to that same cooperating witness. On Oct. 9, 2019, law enforcement agents observed both men walking towards the location for the expected drug transaction and arrested them near the pre-arranged meeting spot in East Boston.
The charges of conspiracy to distribute and possession with intent to distribute more than 500 grams of cocaine provide for a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. The charges of distribution of cocaine provide for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney Stephen W. Hassink of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
Chicago Man Charged in Federal Court with Trafficking Fentanyl-Laced Heroin and Illegally Possessing Assault RifleRead the Press Release
CHICAGO — A federal grand jury has indicted a Chicago man for allegedly trafficking fentanyl-laced heroin and illegally possessing a loaded assault rifle while on parole from a previous drug conviction.
MITCHELL DWAYNE SIMMONS, 48, is charged with one count of possession of a controlled substance with intent to distribute, one count of possession of firearms in furtherance of a drug trafficking crime, and one count of illegally possessing firearms as a previously convicted felon, according to an indictment unsealed Thursday in federal court in Chicago. The indictment alleges that Simmons possessed the assault rifle and a handgun, both of which were loaded, as well as heroin, fentanyl-laced heroin, and marijuana, on Dec. 28, 2019, in Chicago. At the time, Simmons was on court-supervised release after recently completing a prison sentence for a federal drug conviction in the Central District of Illinois.
Simmons was arrested Thursday on the new charges and was arraigned later that day in federal court in Chicago. He pleaded not guilty to all charges in the indictment. A detention hearing via videoconference is set for May 18, 2020, at 10:30 a.m., before U.S. District Judge Gary S. Feinerman.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Kristen deTineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; and David Brown, Superintendent of the Chicago Police Department. The government is represented by Assistant U.S. Attorney Saurish Appleby-Bhattacharjee.
Holding gun offenders accountable through federal prosecution is a centerpiece of Project Guardian and Project Safe Neighborhoods – the Department of Justice’s violent crime reduction strategies. Project Guardian focuses specifically on investigating, prosecuting, and preventing gun crimes, and it emphasizes the importance of using modern technologies to promote gun crime intelligence. In the Northern District of Illinois, U.S. Attorney Lausch and law enforcement partners have deployed the Guardian and PSN programs to attack a broad range of violent crime issues facing the district, including by prosecuting individuals who illegally possess firearms.
Possession of a firearm in furtherance of a drug trafficking crime is punishable by a maximum sentence of life in federal prison and a mandatory minimum of five years, which must be served consecutively to the sentence for the underlying drug trafficking offense. Possession of a controlled substance with the intent to distribute is punishable by a mandatory minimum sentence of five years in federal prison and a maximum of 40 years. Illegal possession of a firearm by a convicted felon carries a maximum sentence of ten years in federal prison. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. Sentencing Guidelines.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Charleston Drug Dealer Known as “Mean Man” Sentenced to Ten Years in Federal PrisonRead the Press Release
Charleston, South Carolina --- United States Attorney Peter M. McCoy, Jr., announced today that Terrell Montez Benjamin, a/k/a “Mean Man,” 30, of Charleston, was sentenced to ten years in federal prison after pleading guilty to possession with intent to distribute crack cocaine.
Evidence presented to the court showed that in the Spring of 2018, police officers from the Charleston Police Department and special agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) began investigating an armed drug trafficking organization operating in the Charleston City housing project in the Gadsden Green neighborhood. Law enforcement captured drug transactions being conducted in multiple apartments in the housing complex.
On September 4, 2018, Benjamin, who was one of five defendants indicted and convicted in connection with the investigation of this drug trafficking organization, was captured on video selling crack cocaine with another member of the drug trafficking organization. In October, authorities raided another nearby apartment the organization was using and discovered large quantities of drugs and multiple firearms. Benjamin has a lengthy criminal history, including numerous prior convictions for distributing crack cocaine, heroin, and marijuana and for possessing firearms. He was released from prison in June 2018, after serving time for a drug conviction, and quickly returned to his old ways.
Benjamin ultimately pleaded guilty and was held responsible for the drugs that he sold on September 4, 2018.
United States District Judge Richard Gergel sentenced Benjamin to 120 months in federal prison, to be followed by a six-year term of court-ordered supervision. There is no parole in the federal system.
The case was investigated by the ATF and the Charleston Police Department.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. Assistant United States Attorneys Chris Schoen and Charlie Bourne of the Charleston office prosecuted 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.
Cedar Rapids Man Sentenced to Five Years in Federal Prison for Unlawfully Possessing a Loaded Gun and NarcoticsRead the Press Release
A Cedar Rapids man who was driving while in possession of a 9mm Beretta handgun under his seat was sentenced today to five years in federal prison.
Antonio Donnell Johnson, age 32, from Cedar Rapids, Iowa, received the prison term after pleading guilty on November 7, 2019, to possession of a firearm by a prohibited person.
In a plea agreement, Johnson admitted that, after police pulled him over for driving while barred, he provided a false name to law enforcement. Officers found a loaded 9mm Beretta handgun under his seat and marijuana and ecstasy on his person. He admitted to smoking marijuana and possessing the gun. He was prohibited from possessing a firearm because he was previously convicted of both a felony and a crime of domestic violence.
Johnson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. He was sentenced to 60 months’ imprisonment. He must serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Elizabeth Dupuich and investigated by the Cedar Rapids Police Department and the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-108-CJW.
Follow us on Twitter @USAO_NDIA.
California Woman Arrested for Theft of Mail from U.S. Postal Service VehicleRead the Press Release
SAN JOSE – Paula Orozco was arrested and charged with mail theft, announced United States Attorney David L. Anderson and Postal Inspector in Charge Rafael E. Nuñez, United States Postal Inspection Service.
According to an amended criminal complaint filed today, Orozco, 38, of San Jose, Calif., is alleged to have stolen mail from a U.S. Postal Service (“USPS”) mail delivery vehicle in San Jose. As detailed in the complaint, the burglary from the delivery vehicle took place on April 18, 2020, and was reported four days later, when a victim reported fraudulent charges on a debit card that was in the mail on April 18. Postal inspectors reviewed surveillance footage from a location where a fraudulent charge occurred and identified Orozco in the footage. On May 13, 2020, a witness reported another break in to a USPS mail delivery vehicle in San Jose. Postal inspectors responded to the report and identified and detained Orozco in the immediate area of the burglary.
The complaint charges Orozco with mail theft, in violation of 18 U.S.C. § 1708.
Orozco’s initial appearance took place on May 14, 2020, before the Honorable Susan van Keulen, U.S. Magistrate Judge. Her next appearance is scheduled for May 19, 2020, at 1:30 p.m.
Criminal complaints merely allege that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted on the possession of mail theft, the defendant faces a maximum sentence of five years in prison and a $250,000 fine. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Richard Ewenstein is prosecuting the case with the assistance of Morgan Byrne. The prosecution is the result of an investigation by the U.S. Postal Inspection Service.
California Man Pleads Guilty to Production of Child PornographyRead the Press Release
A Fresno, California, man pleaded guilty to production of child pornography today.
Jacob Blanco, 28, pleaded guilty to five counts of production of child pornography, as well as one count of receipt of child pornography, before U.S. District Court Judge Dale A. Drozd. Sentencing is set for Oct. 9, 2020.
According to admissions made in connection with his guilty plea, the defendant's activities initially came to light in or about March of 2017, when the parents of a then six-year-old discovered that the minor had communicated with and created sexually explicit images at the request of another user on the social media application Musical.ly (now TikTok). Law enforcement investigators subsequently identified this user as Jacob Blanco.
A search of the defendant’s digital media revealed that he had successfully persuaded and coerced multiple minors to produce sexually explicit material. Blanco accomplished this by using various methods of deception and enticement, including by pretending to be a modeling agent or to be a minor himself. Blanco used Snapchat, Kik, Musical.ly and other applications to communicate with minors for the purpose of having those minors create and transmit to him images of those minors engaged in sexually explicit conduct. In his interview with law enforcement, Blanco admitted that he communicated with at least 50 minors, an admission confirmed by the communications and images stored on his digital media.
The investigation was conducted by Homeland Security Investigations (HSI) in Fresno, with assistance from the Fresno County Sherriff’s Office and the Fresno County Police Department. Trial Attorney Nadia C. Prinz of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney David L. Gappa of the Eastern District of California prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and 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.
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.
Alleged Narcotrafficker and High-Ranking Cartel Member Extradited from Uruguay to the United StatesRead the Press Release
A Mexican national will have his initial appearance in federal court in the District of Columbia later today on charges related to his alleged involvement in a criminal conspiracy to distribute cocaine and methamphetamine.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Acting Administrator Uttam Dhillon of the U.S. Drug Enforcement Administration (DEA), made the announcement.
Gerardo Gonzalez Valencia, aka “Lalo,” 43, arrived at Dulles International Airport yesterday evening after being extradited from Uruguay, where he was arrested in April 2016. The indictment charges Gonzalez Valencia with an international conspiracy to distribute cocaine and methamphetamine, intending and knowing that those substances would be unlawfully imported into the United States. The indictment alleges that Gonzalez Valencia’s criminal conspiracy ran from 2003 to 2016.
“The Department of Justice will never waver in our commitment to disrupt and dismantle CJNG and its enablers, wherever they are found,” said Assistant Attorney General Benczkowski. “Thanks to the dedicated efforts of our law enforcement partners in Uruguay, Gonzalez Valencia now will be held to account in the United States for his alleged crimes.”
“Today’s extradition and arrest of Mr. Gonzalez-Valencia deals another blow to the leadership of the Cartel de Jalisco Nueva Generacion,” said DEA Acting Administrator Dhillon. “Mr. Gonzalez-Valencia is alleged to have distributed significant quantities of cocaine and meth and will now face justice in the United States. We are grateful for the outstanding partnership with the National Police and Government of Uruguay during this long term investigation.”
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The case was investigated by DEA Los Angeles. Trial Attorneys Brett Reynolds, Kaitlin Sahni, Cole Radovich, Kate Naseef and Acting Deputy Chief Anthony Nardozzi of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case.
The Justice Department extends its gratitude to the government of Uruguay for making the extradition possible and the U.S. Department of State’s Diplomatic Security Service (DSS) for its support. The Criminal Division’s Office of Enforcement Operations provided assistance in support of this investigation and the Criminal Division’s Office of International Affairs provided significant assistance in securing the defendant’s extradition from Uruguay.
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.
Thursday 14 May 2020
West Haven Resident Charged with Illegal Gun Possession While Released on Bond for Firearm OffenseRead the Press Release
New Haven – John H. Durham, United States Attorney for the District of Connecticut, and Kelly D. Brady, Special Agent in Charge, ATF Boston Field Division, announced that CEDRIC GOODWIN, also known as “Ceddyo,” 31, of West Haven, was arrested today and charged by federal criminal complaint with possession of a firearm by a convicted felon.
As alleged in the complaint, in the early morning hours of September 22, 2019, Goodwin attempted to enter a bar located on Crown Street in downtown New Haven. During a pat-down search of Goodwin by a security worker, a firearm magazine fell from Goodwin’s right ankle area. Goodwin retrieved the magazine and left the establishment. The security worker notified nearby New Haven Police officers who subsequently located Goodwin. As they approached Goodwin, the officers heard the sound of an object hitting the ground. Goodwin was detained, and a search of the area revealed a firearm magazine containing eight rounds of .380 caliber ammunition. Goodwin was arrested on state charges at that time.
It is further alleged that Goodwin’s criminal history includes felony convictions for narcotics, weapon, robbery and assault offenses.
On March 10, 2020, Goodwin was arrested on a federal criminal complaint charging him with possession of ammunition by a convicted felon. Following his arrest, Goodwin was released on a $100,000 bond and other conditions, including that he reside at the home of a third-party custodian on Sanford Street in West Haven.
It is alleged that law enforcement recently received information that Goodwin was engaged in narcotics trafficking activity and was in possession of a firearm. Goodwin was arrested this afternoon after investigators conducted a court-authorized search of the residence and, in the garage, found a Smith and Wesson revolver, several rounds of assorted ammunition, multiple baggies of suspected heroin, a quantity of marijuana, and items used to process and package drugs for street sale.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Goodwin was presented in court via videoconference. U.S. Magistrate Judge Robert M. Spector ordered Goodwin detained.
The charge of possession of a firearm carries a maximum term of imprisonment of 10 years. U.S. Attorney Durham stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the New Haven Police Department. The case is being prosecuted by Assistant U.S. Attorney Maria del Pilar Gonzalez.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Waco Man Sentenced to 5 Years for Equipment SchemeRead the Press Release
A Waco man has been sentenced to five years in federal prison for a scheme that deceived numerous victims, including several former law enforcement, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Richard Lee Burney, 50, pleaded guilty in January to wire fraud.
In plea papers, Burney admitted to defrauding a number of Texas ranchland owners. Those victims included a retiree of the Lubbock County Sheriff’s Office and a former Department of Public Safety Trooper who served the public for 35 years.
According to court documents, Burney devised a scheme in which he stated he was working in the timber business alongside the Federal Emergency Management Agency (FEMA) to help with the cleanup effort in North Carolina after Hurricane Matthew made landfall there in 2016.
Burney admitted to fraudulently claiming, that in connection with his work, he entered into a “lease buy-back” program that would allow him to lease equipment from a Bobcat Company dealership, use the equipment for the FEMA projects, and then resell the equipment at significantly discounted prices to individual buyers who agreed to reserve purchases with partial or full down payments.
Burney sent emails and text messages to victims to assure them that the equipment would be available. Burney never followed through on his promise to deliver the equipment to any of his victims or refund the money he schemed from them.
The Federal Bureau of Investigation’s Dallas Field Office, Lubbock Resident Agency and the Texas Rangers conducted the investigation. Assistant U.S. Attorney Ann Howey prosecuted the case. U.S. District Judge James Wesley Hendrix handed down the sentence.
VA Employee Pleads Guilty to Embezzling $70,000 Using Mobile Payment ApplicationRead the Press Release
BOSTON – A Department of Veteran Affairs (VA) employee pleaded guilty today to embezzling nearly $70,000 in VA funds.
Michael Donaher, 41, of Lakeville, pleaded guilty before U.S. District Court Judge Indira Talwani to one count of embezzlement and theft of public money, property or records. Sentencing is scheduled for Sept. 10, 2020. He has agreed, as part of a plea agreement, to reimburse the government for the funds he stole. Donaher was arrested in January on a criminal complaint.
Donaher worked as an Inventory Management Specialist for the Veterans Affairs Medical Facility in Brockton and was responsible for purchasing various equipment necessary for use in the facility. Donaher conducted fraudulent transactions using his government-issued purchase cards and routed the proceeds to his personal bank account. Donaher attempted to conceal these fraudulent purchases by making it appear as if the purchases were made through a large company that the VA frequently used for legitimate business, when, in fact, they were actually made through a company Donaher created through Square, Inc., a mobile payment company. These purchases were not for actual items ever received by the VA. Furthermore, Donaher attempted to hide this fact by annotating the items as having been received within the VA’s accountability system. Donaher fraudulently routed approximately $70,000 of VA funds to his personal account since the scheme began in 2016.
The charging statute provides a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Christopher Algieri, Special Agent in Charge of the Department of Veteran Affairs, Office of the Inspector General, Northeast Field Office made the announcement today. Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption & Special Prosecutions Unit is prosecuting the case.
U.S. Attorney Pak and the Department of Justice salute law enforcement officers during Police WeekRead the Press Release
ATLANTA – In honor of National Police Week, U.S. Attorney Byung J. “BJay” Pak salutes the service and sacrifice of federal, state, local, and tribal law enforcement. The week will be observed through Saturday, May 16, 2020.
“There is no more noble profession than serving as a police officer,” said Attorney General Barr. “The men and women who protect our communities each day have not just devoted their lives to public service, they’ve taken an oath to give their lives in order to ensure our safety. And they do so not only in the face of hostility from those who reject our nation’s commitment to the rule of law, but also in the face of evolving adversity – such as an unprecedented global health pandemic. This week, I ask all Americans to join me in saying ‘thank you’ to our nation’s federal, state, local, and tribal law enforcement officers. Their devotion and sacrifice to our peace and security will not be taken for granted.”
“In 2019, the State of Georgia lost seven peace officers, four of whom were from the Northern District of Georgia,” said U.S. Attorney Byung J. “BJay” Pak. “These officers died while serving and protecting their communities. Along with 744 officers who lost their lives in the line of duty before them, we honor these officers for their service and their sacrifice. We also thank the families of these officers, and express our deepest sympathies for their loss.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe. This year the COVID-19 pandemic has underscored law enforcement officers’ courage and unwavering devotion to the communities they swore to serve.
Based on data collected and analyzed by the FBI’s Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 89 law enforcement officers died nationwide in the line of duty in 2019, including four officers here in the Northern District of Georgia].
- Deputy Nicholas Blane Dixon
Hall County Sheriff’s Office, End of Watch July 8, 2019 - Deputy Michaela Elizabeth Smith
Murray County Sheriff’s Office, End of Watch July 3, 2019 - Deputy Spencer Allen Englett
Forsyth County Sheriff’s Office, End of Watch April 4, 2019 - Officer James Joseph “JJ” Biello
Atlanta Police Department, End of Watch April 28, 2019
Comprehensive data tables about these incidents and brief narratives describing most of the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2019.
The names of the fallen officers who have been added in 2020 to the wall at the National Law Enforcement Memorial were read on Wednesday, May 13, 2020, during a Virtual Annual Candlelight Vigil. Because public events have been suspended as a result of COVID-19, the vigil was livestreamed for the public. To view the online event, please visit www.LawMemorial.org.
To learn more about National Police Week and the virtual candlelight vigil, please visit www.policeweek.org.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
- Deputy Nicholas Blane Dixon
U.S. Attorney McAllister Announces $318,000 Award to Wyandotte County for Public Safety during Covid-19Read the Press Release
KANSAS CITY, KAN. – U.S. Attorney Stephen McAllister today announced a grant of more than $318,000 to Wyandotte County to help respond to the public safety challenges posed by the outbreak of COVID-19.
The grant awarded to the county is available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump.
“This grant of $318,256 can be used to support a broad range of activities to prevent, prepare for and respond to coronavirus,” said McAllister. “That includes overtime, supplies such as gloves, masks and sanitizer and addressing the medical needs of inmates in prisons, jails and detention centers.”
For more information about this grant, contact the Office of Justice Program's Office of Communications at (202) 307-0703.
U.S. Attorney Kenji M. Price recognizes police weekRead the Press Release
HONOLULU, Hawaii – In honor of National Police Week, U.S. Attorney Kenji M. Price would like to recognize the service and sacrifice of federal, state, local, and tribal law enforcement. This year, National Police Week is Sunday, May 10 through Saturday, May 16, 2020.
"There is no more noble profession than serving as a police officer," said Attorney General William P. Barr. "The men and women who protect our communities each day have not just devoted their lives to public service, they’ve taken an oath to give their lives in order to ensure our safety. And they do so not only in the face of hostility from those who reject our nation’s commitment to the rule of law, but also in the face of evolving adversity – such as an unprecedented global health pandemic. This week, I ask all Americans to join me in saying ‘thank you’ to our nation’s federal, state, local, and tribal law enforcement officers. Their devotion and sacrifice to our peace and security will not be taken for granted."
"Our law enforcement officers work day-in and day-out to protect the public and, in doing so, sacrifice their own safety and the well-being of their family members and loved ones. These heroes—who daily put the community’s interests above their own—deserve our highest praise for their bravery, professionalism, and commitment to the community. In the Aloha State, those who don the uniform and protect us are truly among the finest in our midst. I echo the Attorney General’s request that all Americans—and, in particular, those in our communities in Hawaii—find an opportunity this week to thank our nation’s law enforcement officers," said U.S. Attorney Price.
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe. This year the COVID-19 pandemic has underscored law enforcement officers' courage and unwavering devotion to the communities they swore to serve.
Based on data collected and analzed by the FBI's Law Enforcment Officer Killed and Assaulted (LEOKA) Program, 89 law enforcement officers died nationwide in the line of duty in 2019.
Comprehensive data tables about these incidents and brief narratives describing most of the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2019.
The names of the fallen officers who have been added in 2020 to the wall at the National Law Enforcement Memorial were recognized on Wednesday, May 13, 2020, during a Virtual Annual Candlelight Vigil. The online event may be viewd at https://www.youtube.com/user/TheNLEOMF.
###
U.S. Attorney J. Douglas Overbey Announces $349,956 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 Knoxville received $349,956 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.
###