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6 July 2020
Mercer County Man Sentenced to Federal Prison for Sex OffenseRead the Press Release
BECKLEY, W.Va. – A Lashmeet man was sentenced to federal prison for a sex crime against a minor, announced United States Attorney Mike Stuart. Joshua Kevin Laxton, 29, was sentenced to 57 months in prison for travel in interstate commerce with the intent to engage in illicit sexual activity with a minor. Following his release from prison, Laxton will be required to serve 15 years of supervised release and will have to register as a sex offender.
“Horrific,” said United States Attorney Mike Stuart. “Crimes against children are the other pandemic. My prosecutors and our federal, state and local investigators are working tirelessly to protect West Virginia’s children from predators like Laxton. My office will prosecute child predators to the fullest extent of the law.”
Laxton previously admitted that on September 14, 2019, he began communicating via text messages with a minor he believed to be a 14-year-old girl located in Lewisburg. Despite knowing her age, Laxton discussed meeting the minor to engage in sexual intercourse. On November 1, 2019, Laxton drove through Virginia to meet the purported minor at an arranged meeting location in Lewisburg in order to engage in sexual intercourse.
The Federal Bureau of Investigation’s West Virginia Child Exploitation and Human Trafficking Task Force, in partnership with the West Virginia State Police, conducted the investigation. United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Jennifer Rada Herrald handled the prosecution.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Follow us on Twitter: SDWVNews and USAttyStuart
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Maryland Federal Prosecutors Charge Two New Jersey Men with Federal Crimes Related to Multi-State Bank Fraud SchemeRead the Press Release
Baltimore, Maryland – Federal prosecutors in Maryland have filed a federal criminal complaint charging Dogar Singh, age 67, of Carteret, New Jersey, and Rehan Afridi, age 36, of West Deptford, New Jersey, on the federal bank fraud charges related to an alleged $10 million multi-state bank fraud scheme involving 76 businesses, including BBQ Tonite and Al Madina Kabob, which are associated with the defendants. The complaints were signed on July 2, 2020, and were unsealed at their initial appearances today.
The federal charges were announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Bo Keane of the United States Secret Service - Baltimore Field Office.
According to the affidavit filed in support of the criminal complaint, in October 2019, BBQ Tonite and Al Madina Kabob were identified as being part of a ring of 76 suspect merchants in Maryland, Michigan, New York, New Jersey, and Virginia, that engaged in a refund fraud/invalid authorization scheme where fraudulently authorized refunds were sent to debit cards linked to bank accounts associated with the suspect merchants. As part of the scheme, multiple suspect businesses refunded the same debit cards. Over the course of fraud scheme, 2,426 credit or debit card transactions were executed totaling $10,782,047. The loss associated with Al Madina Kabob alone is alleged to be at least $470,000.
The affidavit further alleges that in April 2019, Singh and Afridi opened multiple business and personal accounts at TD Bank. Just a few days later, those accounts received large deposits from Al Madina Kabob, totaling $776,900. Although those deposits were ultimately rejected by TD Bank as fraudulent, Singh and Afridi allegedly withdrew or transferred approximately $232,152.40 before the funds were returned. Prior to the bank’s rejection of the deposits as fraudulent, Singh and Afridi were seen withdrawing cash at cash windows at casinos in Maryland, Delaware, and Pennsylvania as well as issuing checks and conducting cash withdrawals from Automated Teller Machines.
If convicted, Singh and Afridi each face a maximum sentence of 30 years in federal prison for conspiracy to commit bank fraud. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. At today’s initial appearance in U.S. District Court in New Jersey, U.S. Magistrate Judge Lois Goodman ordered that Singh and Afridi be released pending trial and that they appear in U.S. District Court in Maryland on the charges on July 15, 2020.
A criminal complaint is not a finding of guilt. An individual charged by criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended the U.S. Secret Service for their work in the Maryland investigation, and recognized U.S. Attorney for the Eastern District of Virginia Zachary Terwilliger, the U.S. Attorney for the District of New Jersey Craig Carpenito, the U.S. Postal Inspection Service in New Jersey, and the FBI in Virginia, whose offices also participated in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Judson T. Mihok and Molissa H. Farber, who are prosecuting the Maryland case.
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Man Who Shot Firearm Inside West Palm Beach VA Medical Center Committed to 25 Years in CustodyRead the Press Release
West Palm Beach, Fl. – Today, federal district judge Kenneth A. Marra committed a man who fired gunshots inside a West Palm Beach VA Medical Center to the custody of the U.S. Attorney General for 25 years of mental health care and treatment at a suitable medical facility. The commitment is a provisional sentence for sixty-year old defendant Larry Ray Bon, a former West Palm Beach resident. If during Bon’s commitment, it is determined that he no longer needs treatment, Bon will reappear in federal court, where a judge will sentence him to a federal prison term of between 12.5 and 25 years. Lawyers for the U.S. and Bon jointly recommended this provisional sentence arrangement for the defendant.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI’s Miami Field Office, and David Spilker, Special Agent in Charge, Veterans Affairs Office of Inspector General, made the announcement.
According to court records, Bon brought the firearm and ammunition to the emergency room of the Department of Veterans Affairs Medical Center in West Palm Beach, Florida. When he became frustrated with medical staff, Bon retrieved the firearm from his wheelchair, and fired several shots. He placed VA Medical Center employees in fear for their lives, including two employees who were near Bon. An emergency room doctor attempted to disarm Bon, who fired the gun again, hitting the doctor in the neck. Despite being injured, the doctor was still able to disarm Bon. VA Medical Center staff then subdued Bon. The doctor survived the gunshot wound.
On March 13, 2020, Bon pleaded guilty to three counts of Assaulting, Resisting, or Impeding Federal Employees, and one count of Possession of a Firearm in a Federal Facility with Intent to Commit a Crime. Federal law allows for a provisional sentence that commits a defendant to the custody of the Attorney General for treatment where a judge “finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect and that he should, in lieu of being sentenced to imprisonment, be committed to a suitable facility...” 18 U.S.C. §4244 (d).
“When U.S. military veterans walk through the doors of a VA medical clinic for healing, they should feel comfort and hope, not fear of violence,” said Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida. “We are committed to protecting our cherished veterans and the dedicated employees of the South Florida VA medical clinics who treat them.”
“As detailed in the plea agreement and subsequent sentence, Bon’s dangerous actions injured VA employees and risked the safety and well-being of veterans. VA OIG is committed to holding accountable anyone who commits an act of violence at a VA facility and ensuring that both veterans and employees have a safe environment to obtain quality healthcare," said David Spilker, Special Agent in Charge, Veterans Affairs Office of Inspector General.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI and VA OIG. Assistant U.S. Attorneys Susan Osborne and Rinku Tribuiani prosecuted this case. Assistant U.S. Attorney Danielle Croke is handling the asset forfeiture aspects of the case.
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
Littleton Woman Sentenced for Selling Fraudulently Obtained Items on eBay and Not Declaring Income with the IRSRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Kristin Martin, age 39, of Littleton, Colorado, was sentenced to serve 33 months in federal prison followed by 3 years of supervised release for mail fraud and tax evasion related to selling fraudulently obtained items on eBay. Martin was also ordered to pay $872,337.68 in restitution for the fraud to her former employer and $161,864 to the IRS for the tax evasion.
The Denver Division of the FBI, the IRS—Criminal Investigation, and the United States Postal Inspection Service joined in this announcement.
According to the information and the stipulated facts contained in the plea agreement, Martin worked as an executive assistant for her employer. She was provided with a unique identification and password to purchase supplies from Staples. Her company used various cost centers to track internal expenses, and ordinarily an employee could only designate the cost center affiliated with the specific department they worked in when ordering items through the Staples website. However, if an employee transferred positions or responsibilities, the employee obtained access to a new cost center without losing access to the prior assignment’s cost center.
Between January 2013 and December 2016, Martin used her identification and password to fraudulently order unauthorized items such as I-Pads, Apple TVs, Kindles, and other items which she kept and then resold on eBay for her own profit. These fraudulent purchases caused a loss of $864,441.11 to her employer. Martin was able to facilitate this scheme by intentionally assigning the fraudulent purchases to 23 different cost centers so each one would be less likely to notice the fraudulent charges. Martin also used her company’s Federal Express account to ship the fraudulently purchased items to her buyers.
Over the course of this scheme, Martin received at least $571,725.61 from the resale of the fraudulently ordered items. Martin did not provide her personal accountant with information regarding the online sales until she received a notice of additional income from the IRS. At that time, she provided her accountant false information regarding the cost of goods sold and other expenses she did not incur in order to significantly reduce her income tax liability. Based on this false information, her accountant then prepared a false and fraudulent 2014 amended tax return that was filed with the IRS.
“Ms. Martin not only stole from her employer, she stole from all of us as taxpayers” said U.S. Attorney Jason Dunn. “Thanks to the FBI, IRS-CI, USPIS and the team in my office, she was caught and will now have time in a federal prison to contemplate the harm that this type of behavior does.”
“Even when confronted with additional income generated from her theft, Kristen Martin chose to falsify information to limit her tax liability at the expense of American taxpayers,” said IRS-Criminal Investigation Special Agent in Charge Andy Tsui. “Now Martin will reap the reward of defrauding her employer and the public by serving time in prison.”
“Ms. Martin's sentencing should illustrate the FBI and our partners will aggressively investigate those criminals who take advantage of unsuspecting victims in order to enrich themselves,” said FBI Denver Special Agent in Charge Michael Schneider. “We are thankful to our partners at the U.S. Attorney's Office, Internal Revenue Service, and USPIS for their diligence and hard work in this investigation.”
“This is a great example of a joint investigation in which the financial footprint of this defendant bore an opportunity for multiple federal law enforcement agencies to bring their collective investigative strengths together for a successful prosecution,” said Ruth M. Mendonça, U.S. Postal Inspector in Charge of the Denver Division. “Postal Inspectors have been investigating mail fraud since the law’s inception in 1872, and we will never relent in our search for justice for fraud victims,” Mendonça said.
This case was investigated by Internal Revenue Service – Criminal Investigation, the Denver Division of the FBI, and the United States Postal Inspection Service. The case was prosecuted by Assistant United States Attorney Pegeen Rhyne.
The sentence was pronounced by U.S. District Court Judge Christine M. Arguello. Martin was charged by Information on January 14, 2020, and pleaded guilty to the charges on March 5, 2020.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 20-cr-0016.
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.
Laurel Woman Facing Federal Charges for Three Separate Fraud Schemes Involving Bank and Wire Fraud, Aggravated Identity Theft, and Illegal Possession of Stolen MailRead the Press Release
Greenbelt, Maryland – A federal criminal complaint has been filed charging Justina Elena Olivero, a/k/a Justina Guzman, age 33, of Laurel, Maryland for bank fraud, wire fraud, aggravated identity theft, and unlawful possession of stolen mail. The criminal complaint was filed on July 1, 2020 and was unsealed at her initial appearance today.
The criminal complaint was announced by United States Attorney for the District of Maryland Robert K. Hur; Postal Inspector in Charge Peter R. Rendina of the U.S. Postal Inspection Service - Washington Division; Chief Marcus Jones of the Montgomery County Police Department; and Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore.
According to the affidavit filed in support of the criminal complaint, beginning in at least August 2017 and continuing through May 2020, Olivero allegedly orchestrated three separate fraud schemes involving multiple victims and losses of more than $142,000. The affidavit alleges that the fraud schemes included: 1) an identity theft scheme in which stolen checks were deposited into various bank accounts and then the money was withdrawn by Olivero; (2) a credit card fraud scheme in which Olivero impersonated American Express customers, ordered emergency replacement cards in those customers’ names, and had those cards mailed to her addresses; and (3) while working at a criminal defense law firm, Olivero fraudulently posed as an attorney and convinced the law firm’s clients to send her money for services she could not and did not provide.
For example, as detailed in the affidavit, in June 2018, the Montgomery County Police Department (MCPD) received a complaint of check forgery and mail theft from Victim 1, a resident of Bethesda, Maryland. On December 29, 2017, Victim 1 mailed a check for $27,000 made payable to the Montgomery County Government for property taxes. Approximately six months later, Victim 1 learned the Montgomery County Government never received this check. In fact, Victim 1’s check was altered and deposited into a TD Bank account opened in the names of Victim 2 and Victim 3 with an address in Laurel, Maryland, where Olivero was a resident. Two additional stolen checks were also found to have been deposited into that account. Investigators interviewed Victim 2 and Victim 3, a married couple, at their residence in Potomac, Maryland and the victims reported that they did not open or authorize the opening of the account.
According to TD Bank records, there were two cash withdrawals from the account, on May 30 and June 6, 2018, each for $5,000, and both withdrawal slips were signed “Justina Guzman.” Two checks were also issued from the account on May 28 and May 29, 2018, each for $1,750. Investigators learned that Olivero provided both checks as payment for a rental property located in Laurel.
On September 14, 2018, law enforcement officers executed a state search warrant at Olivero’s Laurel residence and recovered stolen mail consisting of blank convenience checks; bank, credit card, and investment account statements belonging to victims residing in Potomac, Maryland; two Apple iPhones (including an iPhone X), one Apple iPad, and one HP laptop; credit/debit cards and numerous bank statements in the name of “Justina Guzman” and “Justina Olivero”; and a spiral notebook containing handwritten notes of victims’ names, addresses, social security numbers, and dates of birth, including the personal identifying information (“PII”) of Victim 2 and Victim 3. Law enforcement officers also obtained and reviewed statements from six bank accounts allegedly associated with Olivero. Twenty-three personal checks totaling $102,276.49 and involving seventeen victims were deposited into these six accounts and another account maintained by Olivero. Once the stolen checks were deposited, approximately $102,276.49 was subsequently depleted from the accounts through ATM cash withdraws, online transfers, and debit card purchases.
In addition to stealing and altering checks, Olivero used stolen identities to order replacement American Express (“AMEX”) credit cards in the names of individuals without the account holders’ knowledge or consent. Olivero then directed those credit cards to addresses associated with Olivero.
According to the affidavit, in August 2017, an unknown individual purporting to be Victim 16 contacted AMEX to request an emergency card replacement (“ECR”). AMEX issued an ECR in Olivero’s name, using a shipping address in Laurel which was a residence of Olivero’s. In January 2018, an unknown individual contacted AMEX to add Olivero’s name to Victim 16’s account and subsequently requested another ECR. AMEX issued the ECR and delivered it, via FedEx, to another residence of Olivero’s. Also in January 2018, seven emergency replacement cards for Victim 17 were shipped to this residence. Five of the ECRs that were sent had an unlimited credit limit, and two of the ECRs that were sent had credit limits of $14,500 each. The calls requesting the ECRs came from a number associated with Olivero’s Apple iPhone seized during the search on September 14, 2018.
Finally, during the Fall of 2018, Olivero agreed to work at a law firm in exchange for legal services from the firm and Individual 3. Unbeknownst to the law firm or Individual 3, Olivero used her employment with the law firm to hold herself out as an attorney in order to fraudulently obtain money from victims by providing services and obtaining their PII. In total, as part of this scheme, victims provided approximately $13,000 in payments directly to Olivero.
If convicted, Olivero faces a maximum sentence of 30 years in federal prison for bank fraud; a maximum of 20 in federal prison for wire fraud; a maximum of five years in federal prison for possession of stolen mail; and a mandatory two years in federal prison, consecutive to any other sentence, for aggravated identity theft. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. At today’s initial appearance in U.S. District Court in Greenbelt, U.S. Magistrate Judge Gina L. Simms ordered that Olivero be detained pending trial.
A criminal complaint is not a finding of guilt. An individual charged by criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended the U.S. Postal Inspection Service, the Montgomery County Police Department, and HSI for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Erin B. Pulice and Rajeev Raghavan, who are prosecuting the case.
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Justice Department Settles with Florida-Based Promotional Products Distributor and Retailer to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Justice Department announced today that it reached a settlement with Bel USA LLC (Bel USA), an online distributor and retailer of customized promotional products located in Miami-Dade County, Florida. The settlement resolves claims that Bel USA discriminated against work-authorized non-U.S. citizens by requiring them to provide specific and unnecessary immigration documents when verifying their work authorization, because of their citizenship or immigration status.
“Employers must ensure that their employees are properly trained regarding the employment eligibility verification process so that they do not violate federal law by requiring additional, unnecessary work authorization documents based on a worker’s citizenship status,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We look forward to working with Bel USA to ensure its future compliance with the Immigration and Nationality Act’s non-discrimination requirements governing hiring, firing, onboarding, and using E-Verify.”
Based on its investigation, the department concluded that Bel USA routinely requested unnecessary and specific documents — such as Permanent Resident Cards and Employment Authorization Documents — from work-authorized non-U.S. citizens with the right to work in the U.S. to establish their employment authorization. Federal law allows all work-authorized individuals, regardless of citizenship status, to choose which valid, legally acceptable documents to present to demonstrate their ability to work in the United States. The Immigration and Nationality Act’s (INA) anti-discrimination provision prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship, immigration status or national origin.
Under the terms of the settlement agreement, Bel USA will pay a civil penalty of $100,000, train its employees about the requirements of the INA’s anti-discrimination provision, and be subject to reporting and monitoring requirements.
The division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
The Civil Rights Division wants to hear about civil rights violations. Members of the public can report possible civil rights violations through the Civil Rights Division’s reporting portal.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
Honduran Man Sentenced for Illegal Possession of a FirearmRead the Press Release
LAFAYETTE, La. – United States Attorney David C. Joseph announced today that Erick Bautista Irias-Zepeda, 22, a citizen of Honduras, was sentenced by U.S. District Judge Michael J. Juneau to serve 12 months in federal prison for being an illegal alien in possession of a firearm. Irias-Zepeda pled guilty on January 16, 2020. Following his release from prison, Irias-Zepeda will be subject to deportation proceedings.
Irias-Zepeda was indicted in November 2019 with one count of possession of a firearm by an illegal alien. The charge stemmed from his August 9, 2019, arrest by Lafayette Police Department officers, following a stop of the vehicle in which Irias-Zepeda was a passenger. Officers found a Smith & Wesson .40 caliber handgun, 12 rounds of .40 caliber ammunition, and approximately one gram of marijuana on the passenger floorboard inside the vehicle. Irias-Zepeda stated that he had purchased the firearm three weeks earlier for $200, admitted that he was illegally present in the United States, and that he knew he was not allowed to possess a firearm.
Homeland Security Investigations (HSI) and Lafayette Police Department investigated the case. Assistant U.S. Attorney David J. Ayo prosecuted the case.
This case was brought as part of the Project Safe Neighborhoods (PSN) initiative. PSN is a program that has been historically successful in bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone. PSN plays a major role in the Department of Justice’s violent crime reduction strategy. 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. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Government Reaches One Million Dollar Settlement in Healthcare Fraud MatterRead the Press Release
SAN JUAN, Puerto Rico – On Wednesday, July 1, 2020, the U.S. District Court entered a civil Consent Judgment against defendants William J. Cruz and Medscan, P.S.C. whereby the defendants agreed to pay one million dollars to the United States resulting from an investigation conducted by the Department of Health and Human Services, Office of Inspector General and the FBI, announced U.S. Attorney for the District of Puerto Rico, W. Stephen Muldrow.
The Consent Judgment follows the U.S. Attorney’s Office’s filing of a civil complaint in the United States District Court under the False Claims Act against Dr. William Cruz and Medscan, P.S.C. for allegations that the defendants submitted false claims to Medicare at times in which Dr. William Cruz’ Medicare billing privileges had been revoked. The False Claims Act allows the United States, in cases such as this, to obtain significant monetary recoveries in the form of restitution and penalties, while serving as a strong deterrent against fraud.
“This case underscores the collaborative efforts employed by the U.S. Attorney’s Office, in coordination with HHS-OIG and the FBI to hold corporate entities and individuals accountable and to protect the integrity of federal healthcare programs, specifically Medicare funds,” said U.S. Attorney Muldrow. “Our office will continue to investigate healthcare fraud matters, and will aggressively pursue those who attempt to defraud the United States.”
“The safeguarding of Medicare and Medicaid funds against fraud, waste, and abuse will continue to be a top priority of our agency,” said Scott J. Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General’s New York Regional Office (HHS-OIG). “HHS-OIG and its law enforcement partners will continue to aggressively pursue those providers who submit false claims to taxpayer funded federal health care programs.”
“The FBI will work tirelessly and diligently with our partners to bring justice and reparations to those who have been wronged. Today’s results exemplify that ideal”, said Special Agent In-Charge of the Federal Bureau of Investigations (FBI) San Juan Field Office, Rafael A. Riviere Vázquez. President Harry S. Truman best described it when he said, “It is amazing what you can accomplish if you do not care who gets the credit.” SAC Riviere Vázquez also recognized and thanked its partners from our the USAO-PR and HHS-OIG, who worked hand in hand to bring this case to fruition, and reiterate FBI’s commitment to the collective effort in the fight against Fraud.
This case was prosecuted by Assistant U.S. Attorney Rafael J. López Rivera, Civil Health Care Fraud Coordinator, at the U.S. Attorney’s Office, in conjunction with HHS-OIG and the FBI.
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Gainesville Man Pleads Guilty to Sexual Exploitation of a MinorRead the Press Release
SPRINGFIELD, Mo. – A Gainesville, Missouri, man pleaded guilty in federal court today to coercing and enticing a teenage victim to engage in illicit sexual activity.
Tracy Todd Presson, 54, pleaded guilty before U.S. Chief Magistrate Judge David P. Rush to one count of the sexual exploitation of a minor and to one count of the coercion and enticement of a minor.
By pleading guilty today, Presson admitted that he produced child pornography, using a child victim, identified in court documents as Jane Doe 1, by recording him and Jane Doe 1 engaging in sexually explicit activity on multiple occasions. Presson also admitted that he used FaceTime to coerce and entice Jane Doe 1 to engage in sexually explicit activity. When law enforcement officers executed a search warrant at Presson’s residence on Oct. 3, 2018, they found a SanDisk 32GB SD card that contained child pornography, including 165 images and 68 videos of Jane Doe 1 engaged in sexually explicit activity.
Under federal statutes, Presson is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Ami Harshad Miller and Byron Black. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Southwest Missouri Cyber Crimes Task Force, the Ozark County, Mo., Sheriff’s Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Four Supervisory Correctional Officers at Angola Prison Sentenced for Beating a Handcuffed and Shackled InmateRead the Press Release
Four former supervisory correctional officers at Louisiana State Penitentiary in Angola, Louisiana — Daniel Davis (43), Scotty Kennedy (52), John Sanders (34), and James Savoy, Jr. (42) — were sentenced on July 2, for their roles in assaulting an inmate who was handcuffed, shackled, and not resisting, and for conspiring to cover up their misconduct by devising a false cover story, submitting false reports documenting that cover story, tampering with witnesses, and lying under oath.
Kennedy, Sanders, and Savoy each pleaded guilty, and Davis was convicted in one trial of the obstruction and in another trial of the beating. At Davis’s trials, Kennedy and Sanders, among other officers, testified for the government and described the abuse and the extensive cover up.
The trial evidence established that Davis initiated the beating by yanking the inmate’s leg chains, causing the inmate to fall face-first onto the concrete breezeway. At that point, Davis and other officers punched, kicked, and stomped on the inmate, leaving the inmate with a dislocated shoulder, a hematoma, a collapsed lung, and broken ribs. Davis later ordered his subordinate officers to cover up the beating by falsifying reports, fabricating prison records, and lying to investigators.
District Judge John W. deGravelles sentenced Davis, the ringleader of the beating and cover up, to 110 months of imprisonment. Sanders and Savoy were sentenced to 18 months of imprisonment, and 24 months of imprisonment, respectively. Kennedy, the least culpable officer, was sentenced to a 14 month term of probation during which he will be required to team up with the FBI to give presentations to federal, state, and local correctional officers about the consequences of using excessive force and falsifying reports.
“The Justice Department does not tolerate assault by correctional officers of the people they are charged with protecting,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The division works tirelessly to protect the civil rights of all citizens.”
“Corrections officers are sworn to protect those within our prison systems,” said Brandon J. Fremin U.S. Attorney for the Middle District of Louisiana. “Those officers who carry out vicious attacks such as this strip citizens of their basic civil rights and dishonor the work of honest law enforcement officers. The sentences handed down today serve as an example of officials being held accountable for violations of the public trust that was placed in them.”
"Along with our partners, the FBI will aggressively investigate allegations wherein correctional officers abuse their position of power and authority over prisoners to deny them their constitutional right to be free from cruel and unusual punishment,” said Special Agent in Charge Bryan Vorndran. “The FBI is appreciative of its partnerships with the Office of the State Inspector General, the Louisiana Department of Corrections and especially the Investigative Support Unit at the Louisiana State Penitentiary, to root out correctional officers who choose to break the law and physically abuse restrained inmates.”
“The rule of law suffers the most whenever those in positions of trust abuse that trust,” said Louisiana Inspector General Stephen Street. “This is especially true of corrections officers, who are given great power over inmates. Beating a handcuffed and shackled inmate, as these defendants did, is a clear violation of the law and the United States Constitution, and can never be tolerated. Together with our law enforcement partners, we will continue to relentlessly pursue these cases whenever and wherever they may arise. I want to thank U.S. Attorney Brandon Fremin and his staff, the U.S. Department of Justice-Civil Rights Division, as well as the FBI and Department of Corrections for their work on this case.”
The internal investigation into this incident, which resulted in the termination of all four officers, was led by Colonel Michael Vaughn and Captain Doug McDonald of Angola Prison’s Investigative Services Unit. The federal investigation was led by the FBI’s Baton Rouge Resident Agency Office, with assistance from the Louisiana State Inspector General’s Office. The federal case was tried by Special Litigation Counsel Christopher J. Perras and Trial Attorneys Zachary Dembo and Anita Channapati of the Civil Rights Division’s Criminal Section in partnership with Assistant U.S. Attorney Frederick A. Menner, Jr. of the Middle District of Louisiana.
Four Supervisory Correctional Officers at Angola Prison Sentenced for Beating a Handcuffed and Shackled InmateRead the Press Release
Four former supervisory correctional officers at Louisiana State Penitentiary in Angola, Louisiana — Daniel Davis (43), Scotty Kennedy (52), John Sanders (34), and James Savoy Jr. (42) — were sentenced on July 2, for their roles in assaulting an inmate who was handcuffed, shackled, and not resisting, and for conspiring to cover up their misconduct by devising a false cover story, submitting false reports documenting that cover story, tampering with witnesses, and lying under oath.
Kennedy, Sanders, and Savoy each pleaded guilty, and Davis was convicted in one trial of the obstruction charges and in another trial of the beating charge. At Davis’s trials, Kennedy and Sanders, among other officers, testified for the government and described the abuse and the extensive cover up.
The trial evidence established that Davis initiated the beating by yanking the inmate’s leg chains, causing the inmate to fall face-first onto the concrete breezeway. At that point, Davis and other officers punched, kicked, and stomped on the inmate, leaving the inmate with a dislocated shoulder, a hematoma, a collapsed lung, and broken ribs. Davis later ordered his subordinate officers to cover up the beating by falsifying reports, fabricating prison records, and lying to investigators.
District Judge John W. deGravelles sentenced Davis, the ringleader of the beating and cover up, to 110 months of imprisonment. Sanders and Savoy were sentenced to 18 months of imprisonment, and 24 months of imprisonment, respectively. Kennedy, the least culpable officer, was sentenced to a 14 month term of probation during which he will be required to team up with the FBI to give presentations to federal, state, and local correctional officers about the consequences of using excessive force and falsifying reports.
“The Justice Department does not tolerate assault by correctional officers of the people they are charged with protecting,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The division works tirelessly to protect the civil rights of all citizens.”
“Corrections officers are sworn to protect those within our prison systems,” said Brandon J. Fremin U.S. Attorney for the Middle District of Louisiana. “Those officers who carry out vicious attacks such as this strip citizens of their basic civil rights and dishonor the work of honest law enforcement officers. The sentences handed down today serve as an example of officials being held accountable for violations of the public trust that was placed in them.”
“Along with our partners, the FBI will aggressively investigate allegations wherein correctional officers abuse their position of power and authority over prisoners to deny them their constitutional right to be free from cruel and unusual punishment,” said Special Agent in Charge Bryan Vorndran. “The FBI is appreciative of its partnerships with the Office of the State Inspector General, the Louisiana Department of Corrections and especially the Investigative Support Unit at the Louisiana State Penitentiary, to root out correctional officers who choose to break the law and physically abuse restrained inmates,”
“The rule of law suffers the most whenever those in positions of trust abuse that trust,” said Louisiana Inspector General Stephen Street. “This is especially true of corrections officers, who are given great power over inmates. Beating a handcuffed and shackled inmate, as these defendants did, is a clear violation of the law and the U.S. Constitution, and can never be tolerated. Together with our law enforcement partners, we will continue to relentlessly pursue these cases whenever and wherever they may arise. I want to thank U.S. Attorney Brandon Fremin and his staff, as well as the FBI and Department of Corrections for their work on this case.”
The internal investigation into this incident, which resulted in the termination of all four officers, was led by Colonel Michael Vaughn and Captain Doug McDonald of Angola Prison’s Investigative Services Unit. The federal investigation was led by the FBI’s Baton Rouge Resident Agency Office, with assistance from the Louisiana State Inspector General’s Office. The federal case was tried by Special Litigation Counsel Christopher J. Perras and Trial Attorneys Zachary Dembo and Anita Channapati of the Civil Rights Division’s Criminal Section in partnership with Assistant U.S. Attorney Frederick A. Menner Jr. of the Middle District of Louisiana.
Entrepreneur and Pharmaceutical Company Executive Sentenced for Role in International Insider Trading SchemeRead the Press Release
Audrey Strauss, Acting United States Attorney for the Southern District of New York, announced that TELEMAQUE LAVIDAS, an entrepreneur and pharmaceutical company executive, was sentenced on July 2 to one year and one day in prison for his role in an international insider trading scheme. LAVIDAS was convicted after trial in January 2020 of insider trading offenses for stealing inside information that he obtained from his father, a member of the board of directors of a pharmaceutical company, and illegally tipping his close friend and co-defendant Georgios Nikas with that inside information. The sentence was imposed by United States District Judge Denise Cote.
Acting U.S. Attorney Audrey Strauss said: “Telemaque Lavidas was the pipeline for material nonpublic information he illegally relayed from his father to his friend, a scheme that earned its participants more than $15 million in illicit profits.”
According to the Superseding Indictment, evidence presented at trial, statements made in open court, and court filings:
By 2013, Athanase Lavidas, the father of TELEMAQUE LAVIDAS, was a prominent Greek businessman and was a member of the board of directors of Ariad Pharmaceuticals, Inc. (“Ariad”), a pharmaceutical company headquartered in Cambridge, Massachusetts, that developed and marketed a leukemia medication named Iclusig. In violation of his duties of confidentiality to Ariad, Athanase Lavidas provided TELEMAQUE LAVIDAS with tips about three major corporate developments at Ariad. On each of those occasions, TELEMAQUE LAVIDAS provided that inside information to his close friend Georgios Nikas so that Nikas could make timely, profitable trades ahead of Ariad’s public announcements.
The first tip was in October 2013, when Athanase Lavidas learned that the U.S. Food and Drug Administration (“FDA”) was concerned about adverse health issues for patients using a newly approved cancer drug called Iclusig. Athanase Lavidas contacted TELEMAQUE LAVIDAS to pass this secret information, and TELEMAQUE LAVIDAS passed that tip to Georgios Nikas, who had previously amassed a large long position in Ariad securities. After receiving the inside information from TELEMAQUE LAVIDAS, Nikas sold his Ariad securities and took a substantial short position. When Ariad publicly announced the patient safety issues, its stock declined by over 65% and Nikas made over $3.2 million in profits and avoided almost $800,000 in losses. Ariad discontinued sales of Iclusig later in October.
The second tip was in November and December 2013, when Athanase Lavidas learned that Ariad and the FDA were making significant progress toward returning Iclusig to the market. Athanase Lavidas passed this secret information to TELEMAQUE LAVIDAS, who in turn passed the tips to Georgios Nikas. Nikas bought Ariad securities based on these tips, and when Ariad publicly announced at the end of December that Iclusig was returning to the market, its stock rose and Nikas made over $1.3 million in profits.
The third tip was in July and August 2015, when Ariad received an unsolicited takeover offer from another pharmaceutical company. Again, Athanase Lavidas learned of the offer in his capacity as a board member, and informed TELEMAQUE LAVIDAS, who in turn passed the tip to Georgios Nikas. Nikas again bought Ariad securities based on this tip, and when a news article was published in late August reporting on the takeover offer, Ariad’s stock rose and Nikas made over $2 million in profits.
Nikas also passed the tips he received from TELEMAQUE LAVIDAS to a series of stock traders. In total, Nikas and the traders he tipped earned over $15 million in profits from the inside information that TELEMAQUE LAVIDAS provided.
* * *
In addition to the prison term, LAVIDAS, 39, was ordered to pay restitution of $186,430.99 and a fine of $50,000.
Ms. Strauss praised the work of the Federal Bureau of Investigation and also thanked the Securities and Exchange Commission.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Richard Cooper and Daniel Tracer are in charge of the prosecution.
El Departamento de Justicia celebra un acuerdo con un distribuidor y minorista de productos promocionales con sede en La Florida que resuelve acusaciones de discriminación relacionada con la inmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que había llegado a un acuerdo con Bel USA LLC (Bel USA), un distribuidor y minorista en línea de productos promocionales personalizados con sede en el Condado de Miami-Dade, Florida. El acuerdo resuelve acusaciones que Bel USA había discriminado a individuos con autorización para trabajar que no eran ciudadanos de los Estados Unidos al requerir que presentasen documentos migratorios específicios e innecesarios a la hora de comprobar su autorización para trabajar, por motivos de su estatus migratorio o de ciudadanía.
«Los empleadores deben asegurar que sus empleados sean capacitados adecuadamente en cuanto al proceso de verificación de la elegibilidad para trabajar para que no vulneren las leyes federales al requerir documentos innecesarios de autorización para trabajar por motivos del estatus de ciudadanía de un trabajador», declaró Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «Esperamos con interés colaborar con Bel USA para garantizar su futuro cumplimiento con los requisitos antidiscriminatorios de la ley de Inmigración y Nacionalidad que rigen la contratación, la incorporación y el despido de empleados, y el uso de E-Verify».
Con base en su investigación, el Departamento concluyó que Bel USA, de forma rutinaria, pedía documentos específicos e innecesarios, tales como tarjetas de residente permanente y documentos de autorización para trabajar, de individuos con autorización para trabajar que no eran ciudadanos de los EE. UU. con el fin de establecer su autorización para trabajar. Las leyes federales permiten a todo individuo con autorización para trabajar, independientemente de su estatus de ciudadanía, elegir los documentos válidos y legalmente aceptables que desean presentar para demostrar su elegibilidad para trabajar en los Estados Unidos. La ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) prohíbe que los empleadores pidan documentos adicionales o diferentes a los necesarios para demostrar la autorización para trabajar con base en el estatus migratorio o de ciudadanía del empleado o bien por su nacionalidad de origen.
Conforme los términos del acuerdo conciliatorio, Bel USA pagará una sanción civil de 100.000 $, capacitará a sus empleados acerca de los requisitos de la disposición antidiscriminatoria de la INA y se someterá a una serie de requisitos de declaración y supervisión.
La Sección de Derechos de Inmigrantes y Empleados (IER, por sus siglas en inglés) de la División es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley prohíbe la discriminación con base en el estatus de ciudadanía y la nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; las prácticas documentales injustas; las represalias o la intimidación.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. Para más información sobre protecciones contra la discriminación en el empleo, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea gratuito; envíe en correo electrónico a [email protected]; o visite las páginas web de la IER en inglés y español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery .
La División de Derechos Civiles quiere enterarse de más vulneraciones de derechos civiles. Miembros del público pueden informarnos de posibles vulneraciones de derechos civiles mediante el portal de declaraciones de la División de Derechos Civiles.
Aquellos aspirantes o empleados que creen haber sido sometidos a: discriminación por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; discriminación en el proceso de la verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) con base en su ciudadanía, estatus migratorio o nacionalidad de origen; o represalias pueden presentar una denuncia o deben llamar a la línea directa de la IER para trabajadores para pedir ayuda.
Download Settlement Agreement
Componente(s):
División de Derechos Civiles
Derechos Civiles - Sección de Derechos de Inmigrantes y Empleados
Dubuque Couple Sentenced to Federal Prison after Stealing Hundreds of Thousands of Dollars from Man’s Elderly MotherRead the Press Release
A married Dubuque couple who stole over $200,000 from the husband’s elderly mother were each sentenced today to two years in federal prison. H. David Derby, age 66, and Patti Lynn Derby, age 52, received the prison terms after each pled guilty on September 23, 2019 to one count of wire fraud.
In their plea agreements and at their sentencing hearings, the evidence showed that the Derbys stole over $200,000 from H. David Derby’s mother between September 2013 and September 2017. The victim was an elderly widow and former school teacher who resided in an assisted living facility in Dubuque. She suffered from mental and physical disabilities and was unable to manage her own financial affairs or care for herself.
The Derbys used various legal forms, including two powers of attorneys, to gain access to the victim’s bank account and carry out their fraud scheme. After transferring money out of the victim’s account on the false pretense that the Derbys would use the funds for her benefit, the Derbys used those funds for their own purposes, including tickets to a rock concert. By October 1, 2017, the Derbys had spent all of the victim’s funds and she was no longer able to afford her assisted living facility and was forced to move into the Derbys’ home. Over the next three months, the victim lost over 23 pounds, broke her wrist, and was hospitalized. The victim later died in March 2020.
“The Derbys’ treatment of the victim in this case is appalling,” said United States Attorney Peter Deegan. “They took advantage of an elderly woman with mental and physical disabilities for their own selfish personal gain. The United States Attorney’s Office will hold accountable those who abuse positions of trust to steal from the most vulnerable members of our community. But I urge everyone to do their part by carefully attending to family and friends to prevent the elderly from becoming victims of fraud.”
The Derbys were sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. H. David Derby was sentenced to 26 months’ imprisonment. Patti Derby was sentenced to 24 months’ imprisonment. They were ordered to make over $211,621.41 in restitution. Each must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
The prosecution of the Derbys is part of the Department of Justice’s Elder Abuse Initiative. In March 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of ten districts nationwide to launch regional Elder Justice Task Forces. The Elder Justice Task Forces reflect the department’s larger strategy and commitment to protecting our nation’s seniors, spearheaded by the department’s Elder Justice Initiative. The Elder Justice Initiative coordinates and supports the Department’s law enforcement efforts and policy activities on elder justice issues. It plays an integral role in the department’s investigative and enforcement efforts against nursing homes and other long-term care entities that deliver grossly substandard care to Medicare and Medicaid beneficiaries. The United States Attorney’s Office for the Northern District of Iowa has rededicated its efforts and resources to investigate and hold accountable those who have been involved in activities incompatible with ensuring that the state’s more vulnerable citizens are treated with dignity and respect.
The charges also were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
The Derbys were released on the bond previously set. H. David Derby was ordered to surrender to the United States Marshal in two weeks’ time. Patti Lynn Derby was ordered to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Dubuque Police Department and the Federal Bureau of Investigation. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 19-CR-1035. Follow us on Twitter @USAO_NDIA.
Chico Man Sentenced to 14 Years in Prison for Sex Trafficking of a Minor and Distribution of Methamphetamine to a MinorRead the Press Release
SACRAMENTO, Calif. — Christopher Ramonaguilar Lawrence, 25, of Chico, was sentenced today to 14 years in prison for sex trafficking of a minor and distribution of methamphetamine to a person under 21, U.S. Attorney McGregor W. Scott announced.
According to court documents and evidence presented at trial, in July and August 2017, Lawrence recruited a then 17-year-old girl to engage in prostitution for his financial benefit. Lawrence used social media to communicate with the victim, and on two occasions, he lured the victim to Chico motel rooms where he gave the victim methamphetamine, explained the methods of his prostitution business, including how to detect and evade law enforcement, and continued to recruit the victim to work for him as a prostitute. After a seven-day trial, a federal jury found Lawrence guilty on Aug. 29, 2019.
“Sex trafficking can occur in any community, and it is an exploitive, abusive crime that treats human beings as mere commodities to be bought and sold,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “Our agents work closely with our local, state, and federal partners to identify individuals who are trafficking minors and adults for financial gain to disrupt this activity in the communities we serve. Today, as a result of our partnership with the Chico Police Department and Butte County Sheriff’s Office, an exploiter who entrapped his victim in a cycle of abuse and addiction will pay the penalty for his crimes, and those he exploited can take another step towards healing.”
This case was the product of an investigation by the Federal Bureau of Investigation, the Chico Police Department, and the Butte County Sheriff’s Office. Assistant U.S. Attorneys Brian A. Fogerty and Quinn Hochhalter prosecuted the case.
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.
Chicago Man Who Fired Gun into Murder Victim’s Grave During Burial Service Sentenced to 15 Years in Federal PrisonRead the Press Release
CHICAGO — A Chicago man who fired a gun into the grave of a murder victim during his burial service has been sentenced to 15 years in federal prison.
During the Nov. 22, 2017, service at Evergreen Cemetery in Evergreen Park, ELSTON STEVENSON drew a handgun and said words to the effect of, “You ain’t [expletive]. You got what you deserved.” Stevenson fired a single shot into the grave of the deceased man, who had been murdered two days earlier.
Stevenson then waved the gun in the direction of the mourners as he fled the service. He was arrested a short time later near the entrance of the cemetery.
Stevenson, 57, pleaded guilty to one count of illegal possession of a firearm by a previously convicted felon. U.S. District Judge John J. Tharp, Jr., imposed the 15-year sentence July 1, 2020, in federal court in Chicago.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Kristen deTineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives. Valuable assistance was provided by the Cook County State’s Attorney’s Office and the Evergreen Park Police Department.
“When a felon brings a loaded gun to a populated area and uses the gun to threaten and endanger strangers, this conduct will not be tolerated,” Assistant U.S. Attorney Cornelius A. Vandenberg argued in the government’s sentencing memorandum. “The mourners were all in the immediate vicinity of the defendant when he produced the loaded weapon and were placed in danger by the defendant’s reckless firing of the weapon into the gravesite.”
Holding illegal firearm possessors accountable through federal prosecution is a centerpiece of Project Guardian and Project Safe Neighborhoods (PSN) – 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.
Brooklyn Man Indicted on Cultural Artifacts Smuggling ChargesRead the Press Release
An indictment has been returned in federal court in Central Islip, New York charging Ashraf Omar Eldarir, a U.S. citizen, with smuggling Egyptian cultural property into the United States. Eldarir was previously arrested on a complaint in February 2020 after arriving at John F. Kennedy International Airport (JFK) with three suitcases filled with undeclared Egyptian antiquities. Eldarir will be arraigned at a later date.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations (HSI), and Troy Miller, Director of Field Operations, U.S. Customs and Border Protection, New York Field Office (CBP), announced the indictment.
As set forth in court filings, on January 22, 2020, Eldarir arrived at JFK from Egypt with three checked suitcases. Eldarir falsely declared to U.S. Customs and Border Protection (CBP) that he was carrying goods valued at only 300 U.S. dollars. However, when CBP officers opened Eldarir’s suitcases they found 590 bubble and foam-wrapped Egyptian antiquities. When the protective wrapping was opened, loose sand and dirt spilled out, and some of the items smelled of wet earth, indicators that the artifacts had been recently excavated. Among the items recovered by law enforcement officers are gold amulets from a funerary set; a relief with the cartouche of a Ptolemaic king that was originally part of a royal building or temple; wooden tomb model figures with linen garments dating to approximately 1900 BCE; and two complete Roman period funerary stelae of the type found at Kom abu Bellou in Egypt. Eldarir did not produce any of the required documentation from Egypt authorizing the export of the artifacts. Eldarir was charged with one count of smuggling arising from this incident, and one count of smuggling involving an earlier trip in which he smuggled an ancient Egyptian polychrome relief.
“These cultural treasures traveled across centuries and millennia, only to end up unceremoniously stuffed in a dirt-caked suitcase at JFK,” stated United States Attorney Donoghue. “We commend our CBP and HSI partners for their excellent work and, with them, we stand ready to investigate and prosecute those who attempt to profit from the illegal smuggling of irreplaceable ancient artifacts.”
Eldarir’s alleged smuggling of 590 artifacts pillaged from Egypt is yet another example of an individual seeking to profit by stealing history from another nation,” stated HSI Special Agent-in-Charge Fitzhugh. “HSI New York continues to collaborate with our partners at CBP to stop the smuggling of illicit goods through the JFK airport and onto American soil.”
“U.S. Customs and Border Protection is extremely proud to have played an important role in the seizing of these Egyptian antiquities as this would be smuggler attempted to enter the country with his illegally obtained artifacts," stated CBP Director of Field Operations Miller. “CBP’s cooperation with HSI and the Eastern District of New York demonstrates the continuing resolve of law enforcement in the United States to address illegal trafficking in stolen artifacts.”
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Eldarir faces a maximum sentence of 20 years’ imprisonment on each count.
The government’s case is being handled by the Office’s General Crimes Section. Assistant United States Attorney Marietou Diouf is in charge of the prosecution. Cultural Property Coordinator Karin Orenstein of the Office’s Civil Division is handling forfeiture matters.
The Defendant:
ASHRAF OMAR ELDARIR (also known as “Omar Eldarir”)
Age: 47
Brooklyn, New YorkE.D.N.Y. Docket No. 20-CR-243 (LDH)
Berkeley County woman admits to willful retention of top secret national defense documents and international parental kidnappingRead the Press Release
WASHINGTON – Elizabeth Jo Shirley, of Hedgesville, West Virginia, has admitted to unlawfully retaining a document containing national defense information and committing international parental kidnapping, Assistant Attorney General John C. Demers and U.S. Attorney William J. Powell for the Northern District of West Virginia announced.
Shirley, 46, pled guilty to one count of “Willful Retention of National Defense Information” and one count of “International Parental Kidnapping.” Shirley admitted to unlawfully retaining a National Security Agency (NSA) document containing information classified at the TOP SECRET/SECRET COMPARTMENTED INFORMATION (“TS/SCI”) level relating to the national defense that outlines intelligence information regarding a foreign government’s military and political issues. Shirley also admitted to removing her child, of whom she was the non-custodial parent, to Mexico with the intent to obstruct the lawful exercise of the custodial father’s parental rights.
“When Shirley took classified information from her work with the Intelligence Community and later fled to Mexico, she violated the confidence placed in her by the American people,” said Assistant Attorney General for National Security John C. Demers. “She doubled down on this betrayal when she sought to offer classified information to the Russian government. We are grateful for our law enforcement partners’ timely work to locate and arrest the defendant in Mexico. Given Shirley’s troubling conduct after fleeing the United States, the damage to national security could have been far greater had law enforcement not acted swiftly. Shirley will now be held accountable for betraying the trust of the American people.”
“High level security clearance requires a commensurate level of trust. Shirley breached that trust and attempted to put our country at risk. National security is one of our highest priorities and always will be. Shirley will now face the consequences of her actions,” said William J. Powell.
"Federal government employees and contractors with high level security clearances pledge to protect classified information from foreign adversaries. It's an essential responsibility in guarding our country’s national security," said FBI Pittsburgh Special Agent in Charge Michael Christman. "Ms. Shirley had a duty to safeguard classified information. Instead, she chose to break the law and trust placed in her and made plans to pass national defense information to Russian officials, which could have put our citizens at risk. The FBI does not take these violations lightly and will work to hold wrongdoers accountable to keep our country safe."
Shirley served on active duty with the United States Air Force, and in August 1994, the Air Force granted Shirley her first TS/SCI security clearance. After leaving active duty, Shirley served in the United States Air Force Reserves and later in the United States Navy Reserves. While serving in the Air Force, she worked on assignments with the NSA. From May 2001 to August 2012, Shirley held various positions with the United States Navy’s Office of Naval Intelligence, the Department of Defense, the Department of Energy, the National Cyber Investigative Joint Task Force, and at least five different cleared defense contractors. In connection with these positions, Shirley held TOP SECRET/SCI security clearances at various times.
In July 2019, Shirley took her six-year-old daughter to Mexico with the intent to make contact with representatives of the Government of Russia to request resettlement in a country that would not extradite her to the United States. Shirley took with her to Mexico national defense information, which she had unlawfully retained. While in Mexico, Shirley prepared a written message to Russian Government officials, referencing “an urgent need” to have “items shipped from the USA related to [her] life’s work before they are seized and destroyed.”
On Aug. 13, 2019, the United States Marshals Service and Mexican law enforcement located Shirley and her daughter at a hotel in Mexico City. Mexican authorities arrested Shirley pursuant to an arrest warrant the West Virginia State Police (WVSP) had obtained on a charge of concealment of a minor from a custodian.
The Federal Bureau of Investigation (FBI) subsequently executed search warrants on numerous of Shirley’s electronic devices, including devices she took to Mexico in July 2019 and devices the FBI seized from her Martinsburg storage unit in August 2019. Pursuant to the search of the storage unit, the FBI located the NSA document underlying the Willful Retention of National Defense Information offense. In addition, pursuant to searches of the electronic devices, the FBI found an Office of Naval Intelligence PowerPoint presentation containing information classified at the SECRET level and messages Shirley had drafted to Russian Government officials while in Mexico, the latter of which the Central Intelligence Agency has determined to include information classified at the SECRET level.
Shirley faces up to ten years of incarceration and a fine of up to $250,000 for the national security charge and up to three years of incarceration and fine of up to $250,000 for the kidnapping charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Jarod J. Douglas and Lara K. Omps-Botteicher and Trial Attorney Evan N. Turgeon with the Department of Justice’s Counterintelligence and Export Control Section, National Security Division, are prosecuting the case on behalf of the government. The FBI and WVSP investigated. The Webster County Prosecuting Attorney’s Office cooperated in the investigation and prosecution of the case.
U.S. Magistrate Judge Robert W. Trumble presided.
American Airlines Mechanic Arraigned on Indictment Charging Cocaine Importation ConspiracyRead the Press Release
UPDATE
The defendant’s conviction for the conduct described in the press release below was vacated by the United States Court of Appeals for the Second Circuit on January 23, 2026. See 20-CR-219 (DLI) ECF No. 169.
Earlier today, Paul Belloisi, an American Airlines mechanic at John F. Kennedy International Airport (JFK Airport), was arraigned via teleconference before United States Chief Magistrate Judge Cheryl L. Pollak on an indictment charging him with conspiracy to possess cocaine with intent to distribute, conspiracy to import cocaine and importation of cocaine. Belloisi was arrested on February 5, 2020, released on a $300,000 bond and indicted by a grand jury in Central Islip, New York on June 18, 2020.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI), and Troy Miller, Director of Field Operations, U.S. Customs and Border Protection, New York Field Office (CBP), announced the charges.
According to court filings, on February 4, 2020, shortly after American Airlines flight 1349 arrived at JFK Terminal 8 from Montego Bay, Jamaica, a routine search by CBP officers who are members of the JFK Anti-Terrorism Contraband Enforcement Team revealed approximately 11.594 kilograms (25.56 pounds) of cocaine bricks concealed behind an insulation blanket in an external mechanical compartment beneath the aircraft. CBP officers and HSI special agents then began visual surveillance of the aircraft from a distance. Shortly before the aircraft was scheduled to depart, Belloisi was observed approaching the aircraft and entering the compartment where the cocaine had been hidden. The officers confronted Belloisi after he exited the compartment and observed evidence that Belloisi had handled the area where the cocaine bricks were discovered. Belloisi also had carried an empty tool bag to the aircraft and had cutouts in the lining of his jacket, which together were sufficiently large to hold the bricks of cocaine that had been in the compartment.
"As alleged, this airline mechanic abused his position as a trusted employee and his access to sensitive areas of JFK Airport to participate in the clandestine importation of cocaine,” stated United States Attorney Donoghue. “These charges will serve as a warning that federal law enforcement authorities remain vigilant in protecting the security of our borders and fighting the scourge of international narcotics trafficking. Those who attempt to poison our communities by smuggling drugs through our ports of entry will be held accountable.”
“As alleged, Belloisi was the ‘inside man’, moving more than 25 pounds of cocaine from Jamaica to New York,” stated HSI Special Agent-in-Charge Fitzhugh. “HSI and CBP’s joint efforts continue to stem these threats to our aviation industry by which perpetuate the international movement of contraband through our airports. HSI will continue to persistently investigate and dismantle these criminal enterprises working with our law enforcement and airline partners.”
“This internal conspiracy case serves as a great example of collaborative law enforcement efforts to combat those that would compromise their access to restricted space and equipment, while aiding international narcotics trafficking conspirators. U.S. Customs and Border Protection thanks our partners at HSI and the U.S. Attorney’s Office, Eastern District of New York, for their continued cooperation,” stated CBP Director of Field Operations Miller.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Belloisi faces a maximum sentence of life in prison.
The government’s case is being handled by the Office’s General Crimes Section. Assistant United States Attorney Robert M. Pollack is in charge of the prosecution.
The Defendant:
PAUL BELLOISI
Age: 52
Hicksville, New YorkE.D.N.Y. Docket No. 20-CR-219 (DLI)
Alleged Killer of Newport News Police Officer Charged in Federal CaseRead the Press Release
NEWPORT NEWS, Va. – A Newport News man made his initial appearance in federal court today on gun charges stemming from his alleged role in the death of a Newport News police officer in January.
According to court documents and statements made in court, Vernon Evander Green, II, 38, is charged with being a felon in possession of a firearm and possession of marijuana. Both charges stem from Green’s alleged involvement in a January traffic stop that led to the death of Newport News Police Officer Katie Thyne.
Green is scheduled for arraignment at 3 p.m. on Thursday at the federal courthouse in Norfolk.
Green is charged with being a felon in possession of a firearm and felony possession of marijuana. If convicted, Green faces a maximum penalty of 12 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division; and Steve R. Drew, Chief of Newport News Police, made the announcement. Assistant U.S. Attorneys Lisa R. McKeel and Howard J. Zlotnick are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:20-cr-35.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
Acting U.S. Attorney Announces Charges Against Leader and Members of Cross-Country Drug Trafficking OrganizationRead the Press Release
Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and Peter C. Fitzhugh, the Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced today the unsealing of an Indictment charging JOSE SERGIO MARTINEZ-AGUILAR, a/k/a “Orejon,” a/k/a “Andy,” a/k/a “Pa,” VLADIMIR PULSTILINKOV, a/k/a “The Russian,” MIGUEL LOVOS, SEBASTIAN RAMOS, a/k/a “Nimo,” and RICARDO RUIZ-SALINAS with narcotics trafficking offenses based on their alleged participation in an international drug trafficking organization that distributed large quantities of cocaine, fentanyl, heroin, and methamphetamine. MARTINEZ-AGUILAR, PULSTILINKOV, and LOVOS also are charged with possessing and using firearms in connection with the narcotics trafficking.
MARTINEZ-AGUILAR and LOVOS were previously charged in Complaints filed in the Southern District of New York, and were taken into custody in California on June 26, 2020, and subsequently presented before magistrate judges in the Central District of California. RAMOS and RUIZ-SALINAS were taken into custody in New York earlier today, and will be presented before Magistrate Judge Sarah Netburn today in Manhattan federal court. PULSTILINKOV currently remains at large. The case is assigned to U.S. District Judge Laura Taylor Swain.
Acting U.S. Attorney Audrey Strauss said: “As alleged, Jose Sergio Martinez-Aguilar led an international drug trafficking organization that imported potentially lethal drugs from Mexico and distributed them throughout the U.S., including right here in New York. Now, thanks to the efforts of HSI, Martinez-Aguilar and his co-defendants are in custody and facing serious federal charges.”
HSI Special Agent-in-Charge Peter C. Fitzhugh said: “As alleged, Martinez-Aguilar and his crew funneled highly addictive drugs across the southern border and from coast to coast, seeking to make a hefty profit off those addicted to his product. This case makes it clear that HSI’s capabilities across borders and across the country leave no one safe from the long arm of the law, and justice will be served.”
As alleged in the Indictment unsealed today in Manhattan federal court, the Complaints charging MARTINEZ-AGUILAR and LOVOS, other court filings related to this matter, and statements made in court[1]:
Since at least June 2019, MARTINEZ-AGUILAR has led a drug trafficking organization (“DTO”) that imports narcotics into California from Mexico, and then distributes those narcotics in California and other parts of the country, including New York City. The DTO is responsible for distributing large quantities of cocaine, fentanyl, heroin, and methamphetamine. PULSTILINKOV, LOVOS, RAMOS, and RUIZ-SALINAS are members of the DTO who worked with MARTINEZ-AGUILAR to traffic the DTO’s narcotics.
During the investigation, communications among members of the DTO intercepted pursuant to court orders revealed a significant drug trafficking operation, led by MARTINEZ-AGUILAR, that imported and distributed multi-kilogram quantities of narcotics across the country. On one occasion, LOVOS discussed with MARTINEZ-AGUILAR obtaining a job near the U.S.-Mexican border, “because things are hot over there” and he could “cross people” and narcotics into the United States. On another occasion, MARTINEZ-AGUILAR bragged to an associate that narcotics distributed by other drug trafficking crews “[wa]s not even half the quality of what I have.” The DTO supplied drugs to dealers for distribution on the streets of New York City. For example, in June 2020, law enforcement seized a package shipped by MARTINEZ-AGUILAR and his DTO associates from California to the New York City area that was found to contain over nine kilograms of fentanyl and more than a kilogram of a heroin/fentanyl mixture.
On June 26, 2020, law enforcement searched a stash house operated by the DTO in California, pursuant to a court-authorized warrant. During the search, law enforcement recovered a stash of heroin, methamphetamine, and other suspected narcotics, as well as multiple handguns and assault rifles. LOVOS was found and arrested at the stash house during the execution of the warrant. LOVOS, MARTINEZ-AGUILAR, and PULSTILINKOV possessed and used firearms in connection with the DTO’s narcotics trafficking business.
* * *
MARTINEZ-AGUILAR, 39, of Thermal, California, and LOVOS, 31, of Indio, California, are each charged with three counts of narcotics conspiracy and one count of firearms possession in connection with drug trafficking. PULSTILINKOV, 44, of Indio, California, is charged with two counts of narcotics conspiracy and one count of firearms possession in connection with drug trafficking. RAMOS, 29, and RUIZ-SALINAS, 43, of Brooklyn, New York, are each charged with one count of narcotics conspiracy. A chart containing the charges and maximum and minimum penalties for the defendants is set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.
Count
Charge
Defendant(s)
Maximum/Minimum Penalties
1
Conspiracy to Distribute Narcotics – Cocaine
21 U.S.C. §§ 846, 841(b)(1)(A)
JOSE SERGIO MARTINEZ-AGUILAR
VLADIMIR PULSTILINKOV
MIGUEL LOVOS
SEBASTIAN RAMOS
RICARDO RUIZ-SALINAS
Life imprisonment
Mandatory minimum of 10 years’ imprisonment
2
Conspiracy to Distribute Narcotics – Fentanyl, Heroin
21 U.S.C. §§ 846, 841(b)(1)(A)
JOSE SERGIO MARTINEZ-AGUILAR
MIGUEL LOVOS
Life imprisonment
Mandatory minimum of 10 years’ imprisonment
3
Conspiracy to Distribute Narcotics - Methamphetamine
21 U.S.C. §§ 846, 841(b)(1)(A)
JOSE SERGIO MARTINEZ-AGUILAR
VLADIMIR PULSTILINKOV
MIGUEL LOVOS
Life imprisonment
Mandatory minimum of 10 years’ imprisonment
4
Firearms Offense
18 U.S.C. § 924(c)
JOSE SERGIO MARTINEZ-AGUILAR
MIGUEL LOVOS
Life imprisonment
Mandatory minimum of 5 years’ imprisonment
5
Firearms Offense
18 U.S.C. § 924(c)
VLADIMIR PULSTILINKOV
Life imprisonment
Mandatory minimum of 5 years’ imprisonment
* * *
Ms. Strauss praised the outstanding investigative work of HSI, the New York City Police Department, the Pennsylvania State Police, and the Riverside County Sheriff’s Department. She also thanked the U.S. Attorney’s Office for the Central District of California, the U.S. Attorney’s Office for the Southern District of California, the San Diego County Sheriff’s Department, and the U.S. Marshals Service for their assistance in connection with the arrests of certain of the defendants.
The prosecution of this case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Rushmi Bhaskaran and Jarrod L. Schaeffer are in charge of the prosecution.
The charges contained in the Indictment and the Complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and Complaints, and the descriptions set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
4 July 2020
Statement by Attorney General William P. Barr on Independence DayRead the Press Release
Attorney General William P. Barr has issued the following statement:
“As we celebrate the 244th anniversary of our nation’s birth, we are reminded that the words of the Declaration of Independence are just as important today as they were the day they were written: ‘We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.’ The Declaration goes on to make it clear that governments exist to secure these rights and derive their power from the consent of the governed. These words form the foundation of freedom and justice in the United States, and the framework for the rule of law.
For much of our history, the fruits of justice and freedom were not available to all Americans, and redeeming the promise of the Founding remains a work in progress. As our nation confronts challenges ranging from a global pandemic to serious unrest and violence, we must recommit ourselves to the timeless principles that give birth to our nation and that bind us together as a people. At the Department of Justice, we will continue working to uphold those principles by protecting individual rights and enforcing the rule of law. I wish all Americans a happy Fourth of July, and as the Department of Justice celebrates its 150th anniversary, I extend particular gratitude to all of our Department employees for the work they do each day, on behalf of the nation we love.”
3 July 2020
Portland Protester Arrested, Facing Federal Charge After Overnight Attack on Hatfield CourthouseRead the Press Release
PORTLAND, Ore.—U.S. Attorney Billy J. Williams announced today that a Portland man has been arrested for his role in an overnight attack on the Hatfield Federal Courthouse.
“The lawless and violent acts of extremists across the political spectrum cannot continue. Violence directed at federal, state, and local law enforcement and property destruction is inconsistent with the aims of social justice,” said U.S. Attorney Williams. “These are criminal acts and individuals who engage in them will be held accountable.”
Rowan M. Olsen, 19, aka Kiefer Alan Moore, was arrested by Federal Protective Service officers in the early morning hours of July 3, 2020, and a criminal complaint alleging destruction of government property is being presented to a U.S. Magistrate Judge. Olsen will remain in custody until his first appearance in federal court on July 6, 2020.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Last night’s demonstration marked a significant escalation in violence against federal property in Portland. Officers from the Federal Protective Service and U.S. Customs and Border Protection, as well as U.S. Marshals, were assaulted with bottles, rocks, commercial-grade fireworks, and improvised explosives. Other incendiary devices were thrown into the Hatfield Federal Courthouse.
These actions are illegal and will not be tolerated. Perpetrators of violence against federal law enforcement officers and property will face arrest and prosecution.
Nigerian National Expelled from the United Arab Emirates to Face Cyber Fraud Charge in ChicagoRead the Press Release
CHICAGO — A Nigerian national who allegedly orchestrated an international cyber fraud scheme targeting several U.S.-based companies has been expelled from the United Arab Emirates to face a federal criminal charge in Chicago.
OLALEKAN JACOB PONLE, also known as “Mr. Woodbery” and “Mark Kain,” 29, originally of Lagos, Nigeria, is charged in U.S. District Court in Chicago with conspiracy to commit wire fraud. A criminal complaint accuses Ponle of orchestrating “business email compromise” schemes to defraud several U.S.-based companies. The schemes resulted in attempted or actual losses to victim companies in the tens of millions of dollars, including a Chicago-based company that was defrauded into sending wire transfers totaling $15.2 million, the complaint states.
Ponle was arrested last month by law enforcement in the United Arab Emirates, where he had been residing. He was subsequently expelled from the UAE into the custody of the FBI and arrived in Chicago Thursday evening. Ponle made an initial court appearance this morning in Chicago. U.S. Magistrate Judge Jeffrey T. Gilbert set a detention hearing for July 9, 2020, at 4:00 p.m.
The complaint and expulsion were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI. The Criminal Division’s Office of International Affairs at the Justice Department provided substantial assistance. The government of the United Arab Emirates and the Dubai Police Department provided valuable assistance. Assistant U.S. Attorney Melody Wells of the Northern District of Illinois is prosecuting the case.
Ponle’s alleged cyber fraud scheme spanned at least the first nine months of 2019. The complaint describes several instances in which one or more unknown subjects gained unauthorized access to a U.S.-based company’s email account and sent messages to unwitting employees claiming to be from the company or a known business contact. The emails were nearly identical to prior legitimate emails sent over the company’s email account, but the fraudulent emails instructed victims to wire funds to a bank account that was set up by money mules at the direction of Ponle, the complaint states. Ponle then instructed the mules to convert the fraud proceeds to Bitcoin and send them to a virtual wallet that Ponle owned and operated, the complaint states.
In addition to the Chicago-based companies, other victims included companies based in Iowa, Kansas, Michigan, New York, and California, the complaint states.
The public is reminded that a complaint contains only accusations and 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. Conspiracy to commit wire fraud is punishable by up to 20 years in federal prison. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
Nigerian National Brought to U.S. to Face Charges of Conspiring to Launder Hundreds of Millions of Dollars from Cybercrime SchemesRead the Press Release
COMPLAINTLOS ANGELES – A Dubai resident who flaunted his extravagant lifestyle on social media has arrived in the United States to face criminal charges alleging he conspired to launder hundreds of millions of dollars from business email compromise (BEC) frauds and other scams, including schemes targeting a U.S. law firm, a foreign bank and an English Premier League soccer club.
Ramon Olorunwa Abbas, 37, a.k.a. “Ray Hushpuppi” and “Hush,” a Nigerian national, arrived in Chicago Thursday evening after being expelled from the United Arab Emirates (UAE). Abbas made his initial U.S. court appearance this morning in Chicago, and he is expected to be transferred to Los Angeles in the coming weeks.
Abbas was arrested last month by UAE law enforcement officials. FBI special agents earlier this week obtained custody of Abbas and brought him to the United States to face a charge of conspiring to engage in money laundering that is alleged in a criminal complaint filed on June 25 by federal prosecutors in Los Angeles.
According to an affidavit filed with the complaint, Abbas maintains social media accounts that frequently showed him in designer clothes, wearing expensive watches, and posing in or with luxury cars and charter jets. “The FBI’s investigation has revealed that Abbas finances this opulent lifestyle through crime, and that he is one of the leaders of a transnational network that facilitates computer intrusions, fraudulent schemes (including BEC schemes), and money laundering, targeting victims around the world in schemes designed to steal hundreds of millions of dollars,” according to the affidavit.
The affidavit describes BEC schemes as often involving a computer hacker gaining unauthorized access to a business’ email account, blocking or redirecting communications to and/or from that email account, and then using the compromised email account or a separate fraudulent email account to communicate with personnel from a victim company and to attempt to trick them into making an unauthorized wire transfer.
“BEC schemes are one of the most difficult cybercrimes we encounter as they typically involve a coordinated group of con artists scattered around the world who have experience with computer hacking and exploiting the international financial system,” said United States Attorney Nick Hanna. “This case targets a key player in a large, transnational conspiracy who was living an opulent lifestyle in another country while allegedly providing safe havens for stolen money around the world. As this case demonstrates, my office will continue to hold such criminals accountable, no matter where they live.”
“In 2019 alone, the FBI recorded $1.7 billion in losses by companies and individuals victimized through business email compromise scams, the type of scheme Mr. Abbas is charged with conducting from abroad,” said Paul Delacourt, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “While this arrest has effectively taken a major alleged BEC player offline, BEC scams represent the most financially costly type of scheme reported to the FBI. I urge anyone who transfers funds personally or on behalf of a company to educate themselves about BEC so they can identify this insidious scheme before losing sizable amounts of money.”
“This was a challenging case, one that spanned international boundaries, traditional financial systems and the digital sphere,” said Jesse Baker, Special Agent in Charge of the United States Secret Service, Los Angles Field Office. “Technology has essentially erased geographic boundaries leaving trans-national criminal syndicates to believe that they are beyond the reach of law enforcement. The success in this case was the direct result of our trusted partnerships between the Department of Justice and our federal law enforcement colleagues. These partnerships helped dismantle a sophisticated organized crime group who preyed upon unsuspecting businesses. It is thanks to these partnerships that the American people can feel a bit more secure today.”
The affidavit alleges that Abbas and others committed a BEC scheme that defrauded a client of a New York-based law firm out of approximately $922,857 in October 2019. Abbas and co-conspirators allegedly tricked one of the law firm’s paralegals into wiring money intended for the client’s real estate refinancing to a bank account that was controlled by Abbas and the co-conspirators.
The affidavit also alleges that Abbas conspired to launder funds stolen in a $14.7 million cyber-heist from a foreign financial institution in February 2019, in which the stolen money was sent to bank accounts around the world. Abbas allegedly provided a co-conspirator with two bank accounts in Europe that Abbas anticipated each would receive €5 million (about $5.6 million) of the fraudulently obtained funds.
Abbas and others further conspired to launder hundreds of millions of dollars from other fraudulent schemes and computer intrusions, including one scheme to steal £100 million (approximately $124 million) from an English Premier League soccer club, the complaint alleges.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
If convicted of conspiracy to engage in money laundering, Abbas would face a statutory maximum sentence of 20 years in federal prison.
The FBI led the investigation of Abbas, and the United States Secret Service was also involved and provided substantial assistance. The FBI further thanks the government of the United Arab Emirates and the Dubai Police Department for their substantial assistance.
This case is being prosecuted by Assistant United States Attorneys Anil J. Antony and Joseph B. Woodring of the Cyber and Intellectual Property Crimes Section. The Criminal Division’s Office of International Affairs provided substantial assistance in this matter.
2 July 2020
West Monroe Man Sentenced for Bilking Nearly $2 Million from Online CustomersRead the Press Release
MONROE, La. – United States Attorney David C. Joseph announced that a West Monroe man was sentenced in federal court yesterday for his role in a scheme that bilked eBay customers out of nearly $2 million.
Randall Keith Byrd, 66, was sentenced by U.S. District Judge Terry A. Doughty to serve four years in federal prison followed by three years of supervised release. Judge Doughty also ordered Byrd to pay $1,371,080.66 in restitution. Byrd pled guilty on March 16, 2020, to one count of wire fraud.
According to information presented in court, Byrd used eBay and PayPal to defraud hundreds of eBay customers out of nearly $2 million over a five-week period. Byrd listed and sold gold bullion and/or various types and quantities of gold coins, and primarily received payment through PayPal. Byrd never sent the purchased merchandise to the customers. When eBay customers inquired about the status of their purchase, Byrd provided fraudulent shipping and tracking information to delay the discovery that he had not sent the coins. As part of the scheme, between March 2019 and June 2019, the defendant utilized existing bank accounts and established new bank accounts to conduct financial transactions with the proceeds from his fraudulent coin sales.
In September of 2019, law enforcement officers executed a court-authorized search warrant at Byrd’s residence and found $228,700 in cash, a cashier’s check in the amount of $140,499.22, a Harley Davidson motorcycle, three Rolex watches, 66 gold and silver coins, and 11 firearms.
The FBI and Louisiana State Police conducted the investigation. Assistant U.S. Attorney Cytheria D. Jernigan 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.
Warrant and Complaint Seek Seizure of All Iranian Gasoil aboard Four Tankers Headed to Venezuela Based on Connection to IRGCRead the Press Release
WASHINGTON – A forfeiture complaint and warrant were filed in the U.S. District Court for the District of Columbia alleging that all petroleum-product cargo aboard the Bella with international maritime organization (IMO) number 9208124, the Bering with IMO number 9149225, the Pandi with IMO number 9105073, and the Luna with IMO number 9208100 are subject to forfeiture based on the terrorism forfeiture statute.
John Demers, Assistant Attorney General, National Security Division; Michael R. Sherwin, Acting U.S. Attorney for the District of Columbia; Steven W. Cagen, Special Agent in Charge, Denver, Colorado, Homeland Security Investigations (HSI); Rainer S. Drolshagen, Special Agent in Charge, Minneapolis, Minnesota, Federal Bureau of Investigation, made the announcement today.
The documents allege a scheme involving multiple parties affiliated with the IRGC to covertly ship Iranian gasoil, obtained via ship-to-ship transfers, to Venezuela. The shipments are alleged to be a “source of influence” for the Islamic Revolutionary Guard Corps (IRGC), a designated foreign terrorist organization. The documents allege that profits from petroleum sales support the IRGC’s full range of nefarious activities, including the proliferation of weapons of mass destruction and their means of delivery, support for terrorism, and a variety of human rights abuses, at home and abroad. There are approximately 302,502 barrels of Iranian gasoline currently on board the Bella, approximately 302,522 barrels of Iranian gasoline currently on board the Bering, approximately 259,700 barrels of Iranian gasoline currently on board the Luna, and approximately 298,484 barrels of Iranian gasoline currently on board the Pandi. United States District Judge James E. Boasberg issued a warrant to seize all Iranian gasoline on these four vessels, based on a probable cause showing of forfeitability. The warrant commands the property to be brought to the sole jurisdiction of the U.S. District Court for the District of Columbia.
A warrant for arrest and civil forfeiture complaint are merely allegations. The burden to prove forfeitability in a civil forfeiture proceeding is upon the government. Funds successfully forfeited based on terrorism authorities are in part directed to the United States Victims of State Sponsored Terrorism Fund (http://www.usvsst.com/).
In announcing the forfeiture complaint, Assistant Attorney General Demers, Acting U.S. Attorney Sherwin, Special Agent in Charge Cagen, and Special Agent in Charge Drolshagen commended the work of those who investigated the case from HSI and FBI. Finally, they acknowledged the work of Assistant U.S. Attorneys Zia Faruqui, Brian Hudak, and Stuart Allen; National Security Division, Counterintelligence and Export Control Section, Deputy Chief Elizabeth Cannon and Trial Attorney David Lim; and United States Attorney’s Office for the District of Columbia Paralegal Liz Swienc and Legal Assistant Jessica McCormick.
Warrant and Complaint Seek Seizure of All Iranian Gasoil Aboard Four Tankers Headed to Venezuela Based on Connection to IRGCRead the Press Release
A forfeiture complaint and warrant were filed in the U.S. District Court for the District of Columbia alleging that all petroleum-product cargo aboard the Bella with international maritime organization (IMO) number 9208124, the Bering with IMO number 9149225, the Pandi with IMO number 9105073, and the Luna with IMO number 9208100 are subject to forfeiture based on the terrorism forfeiture statute.
John C. Demers, Assistant Attorney General, National Security Division; Michael R. Sherwin, Acting U.S. Attorney for the District of Columbia; Steven W. Cagen, Special Agent in Charge, Denver, Colorado, Homeland Security Investigations (HSI); Rainer S. Drolshagen, Special Agent in Charge, Minneapolis, Minnesota, Federal Bureau of Investigation, made the announcement today.
The documents allege a scheme involving multiple parties affiliated with the IRGC to covertly ship Iranian gasoil, obtained via ship-to-ship transfers, to Venezuela. The shipments are alleged to be a “source of influence” for the Islamic Revolutionary Guard Corps (IRGC), a designated foreign terrorist organization. The documents allege that profits from petroleum sales support the IRGC’s full range of nefarious activities, including the proliferation of weapons of mass destruction and their means of delivery, support for terrorism, and a variety of human rights abuses, at home and abroad. There are approximately 302,502 barrels of Iranian gasoline currently on board the Bella, approximately 302,522 barrels of Iranian gasoline currently on board the Bering, approximately 259,700 barrels of Iranian gasoline currently on board the Luna, and approximately 298,484 barrels of Iranian gasoline currently on board the Pandi. United States District Judge James E. Boasberg issued a warrant to seize all Iranian gasoline on these four vessels, based on a probable cause showing of forfeitability. The warrant commands the property to be brought to the sole jurisdiction of the U.S. District Court for the District of Columbia.
A warrant for arrest and civil forfeiture complaint are merely allegations. The burden to prove forfeitability in a civil forfeiture proceeding is upon the government. Funds successfully forfeited based on terrorism authorities are in part directed to the the United States Victims of State Sponsored Terrorism Fund (http://www.usvsst.com/).
In announcing the forfeiture complaint, Assistant Attorney General Demers, Acting U.S. Attorney Sherwin, Special Agent in Charge Cagen, and Special Agent in Charge Drolshagen commended the work of those who investigated the case from HSI and FBI. Finally, they acknowledged the work of Assistant U.S. Attorneys Zia Faruqui, Brian Hudak, and Stuart Allen; National Security Division, Counterintelligence and Export Control Section, Deputy Chief Elizabeth Cannon and Trial Attorney David Lim; and U.S. Attorney’s Office for the District of Columbia Paralegal Liz Swienc and Legal Assistant Jessica McCormick.
Violent Convicted Felon Given 7 Year Sentence for Repeatedly Possessing a Firearm and Shooting at an Elderly WomanRead the Press Release
MEMPHIS, TN –Kerrell Jackson, 33, has been sentenced to 84 months imprisonment for being a convicted felon illegally possessing a firearm. D. Michael Dunavant, U.S. Attorney announced the sentence today.
According to the information presented in court, on April 16, 2018, a Memphis Police Officer initiated a traffic stop on a vehicle for speeding. Jackson, the driver of the vehicle, was driving 84 miles per hour in a 55 miles per hour zone. The Officer asked Jackson to produce his driver’s license. When Jackson reached for his wallet in his back pocket, the Officer saw a Taurus .40 caliber pistol on his person.
On September 9, 2018, at approximately 8:00 p.m., Jackson and an unknown female went to a residence on Neely Road in Memphis, Tennessee, in search of an individual who owed him money from a prior drug debt. A 73 year-old woman answered the door and informed Jackson that the person he was looking for was not there. Jackson became upset and began to wave and point a black firearm at the elderly woman and another man present. Upon leaving the residence Jackson fired three to four shots towards the house and in the direction of both victims.
Jackson has prior violent felony convictions for aggravated assault and facilitation of second degree murder, and was on state probation at the time of these new firearms offenses. As a result of his prior felony conviction history, Jackson is prohibited by federal law from possessing firearms or ammunition.
On November 1, 2019, Jackson pled guilty to two counts of being a felon in possession of a firearm. On July 1, 2020, U.S. District Court Judge Mark. S. Norris sentenced Jackson to 84 months imprisonment followed by 2 years supervised release. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said, "Convicted felons who possess firearms are an inherent danger to the community, and in this case, Jackson was a violent offender who repeatedly possessed and violently discharged a firearm despite his prior felony conviction history and probation status. There is a consequence for such brazen criminal behavior, and we will aggressively use and enforce federal law to incapacitate violent offenders, protect victims, and uphold the rule of law."
This case was investigated by the Memphis Police Department and the Project Safe Neighborhoods Task Force. This case is part of the Project Safe Neighborhoods (PSN) initiative, 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. In 2017, PSN 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.
Assistant U.S. Attorney Wendy K. Cornejo prosecuted this case on behalf of the government.
###
Vermont Felon Pleads Guilty to Unlawful Firearm PossessionRead the Press Release
ALBANY, NEW YORK – Timothy W. Bentley, age 47, of Saint Albans, Vermont, pled guilty today to being a felon in unlawful possession of a firearm.
The announcement was made by United States Attorney Grant C. Jaquith; John B. DeVito, Special Agent in Charge of the New York Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and New York State Police Superintendent Keith Corlett.
As part of his plea, Bentley admitted that on May 9, 2019, he entered a hardware store in Chazy, New York, took a Mossberg 590 Shockwave firearm from the wall display behind a counter, secreted that firearm in his pants, and walked around the store with a distinctive limp (because the firearm was in his pants). He then left in a car. Bentley has been in custody since his arrest on May 17, 2019. Agents recovered the stolen firearm.
Bentley is prohibited from possessing the firearm as a result of a 2011 conviction in the United States District Court for the District of Vermont, for aiding and abetting a bank robbery
As a result of this conviction, Bentley faces up to 10 years in prison and a fine of up to $250,000 when he is sentenced by Senior United States District Judge Frederick J. Scullin, Jr. on December 8, 2020. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the ATF and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Unregistered Sex Offender in the U.S. Illegally Sentenced in Federal CourtRead the Press Release
A man who was illegally in the United States and was an unregistered sex offender June 25, 2020, was sentenced to 2 years in federal prison.
William Noeli Santamaria-Rodriguez, age 36, from El Salvador, received the prison term after a July 26, 2019, guilty plea to one count of illegal re-entry of an aggravated felon and a December 19, 2019, guilty plea to one count of failure to register as a sex offender.
Santamaria-Rodriguez came to the attention of immigration authorities after his July 5, 2019, arrest in Crawford County for driving without a license. In a plea hearing held on July 26, 2019, Santamaria-Rodriguez admitted he was illegally in the United States after being deported as an aggravated felon to El Salvador on May 16, 2008. His deportation was the result of a June 15, 2006, conviction of two counts of assault with intent/sex abuse in Crawford County, Iowa. Santamaria-Rodriguez was required to register pursuant to the Sex Offender Registration and Notification Act and knowingly failed to do so. The Iowa Sex Offense Registry and the Crawford County Sheriff’s Office records do not show the defendant ever registered as a sex offender since his illegal reentry in 2008 through July 5, 2019.
Santamaria-Rodriguez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Santamaria-Rodriguez was sentenced to 24 months’ imprisonment. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Santamaria-Rodriguez is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Kevin Fletcher and investigated by the U.S. Immigration and Customs Enforcement and Removal Operations and the United States Marshals Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 19-CR-4041 and 19-CR-4081.
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United States Attorney and the Internal Revenue Service Remind Taxpayers of Upcoming Filing Deadline and to Remain Vigilant for FraudRead the Press Release
U.S. Attorney Peter E. Deegan, Jr. and Acting Special Agent in Charge Adam Steiner, IRS Criminal Investigation (IRS CI), St. Louis Field Office, are reminding taxpayers that the tax filing and payment deadline is July 15, and to continue to be on the lookout for scam artists.
Deegan and Steiner made the announcement today to urge people who owe taxes, even if they have a filing extension, to carefully review their situation and pay what they can by July 15 to avoid penalties and interest.
Due to COVID-19, the original filing deadline and tax payment due date for 2019 was postponed from April 15 to July 15. For people facing hardships, including those affected by COVID-19, who cannot pay in full, the IRS has several options available on IRS.gov/payments.
“Taxpayers who are unable to pay their taxes in full should act as quickly as possible since interest and penalties can rapidly accumulate when more time passes,” warned Steiner. “You must pay the taxes you owe by July 15.”
In addition, Deegan and Steiner reminded taxpayers that scammers are hard at work looking for ways to steal your personal information and your money. Stay alert! The IRS will not contact you by phone, email or social media to ask for personal information. It is a scam.
“There are those who will seek to shamelessly prey upon vulnerable victims and American taxpayers,” said United States Attorney Deegan. “Working with the criminal investigators from the IRS, my office will continue to prosecute and hold responsible those who do. But I urge all taxpayers to remain vigilant to prevent themselves and those close to them from becoming victims.”
“IRS Criminal Investigation and the U.S. Attorney’s Office are focusing on bringing to justice criminals that use taxpayer’s personal information as an opportunity to commit a crime, especially those looking to prey on vulnerable taxpayers,” said Steiner.
For official information, go directly and solely to IRS.gov.
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U.S. Attorneys Announce Appointment of Michigan's First Missing and Murdered Indigenous Persons CoordinatorRead the Press Release
GRAND RAPIDS, MICHIGAN — Andrew Birge and Matthew Schneider, the U.S. Attorneys for the Western and Eastern Districts of Michigan respectively, announced the appointment of Joel Postma to serve as the Missing and Murdered Indigenous Persons (MMIP) Coordinator for the two districts. As the MMIP Coordinator for both districts, Mr. Postma will respond to MMIP issues affecting each of the 12 Tribes in the state.
Mr. Postma is one of ten such Coordinators around the country appointed by the Department of Justice. He will gather reliable data to identify MMIP cases connected to Michigan, conduct outreach with Tribal communities to understand the challenges revealed through past experience, coordinate with Tribal, federal, state and local law enforcement in the development of protocols and procedures for responding to and addressing MMIP, provide training and assistance and promote improved data collection and analyses throughout Michigan. Mr. Postma will work out of the U.S. Attorney’s Office in Grand Rapids in order to facilitate meeting with each of the 12 Michigan Tribal communities, as circumstances allow.
Prior to accepting the MMIP appointment, Mr. Postma served for 25 years as an agent of the FBI. His service with the FBI included several years working cases involving missing and runaway children as well as death investigations in Indian Country in the Upper Peninsula of Michigan. He was an early and active participant in Tribal Multi-disciplinary Team (MDT) and Child Protection Team (CPT) meetings. He also established protocols for drug investigations in Indian Country and initiated a "ride-along" program to foster a better working relationship between the FBI and Tribal law enforcement.
"We are very excited to welcome Mr. Postma into this important new position designed to serve native crime victims and their families. Tribal communities have long suffered disproportionate violent crime and now the MMIP challenges in particular have caught the attention of the Department. Mr. Postma is eminently qualified to help respond to the challenges and comes recommended to us by Tribal as well as state and federal law enforcement members who know him," said U.S. Attorney Birge.
U.S. Attorney Schneider added that, "Joel Postma has outstanding qualifications, and he will be a great asset as Michigan’s Missing and Murdered Indigenous Persons Coordinator. We are pleased to have him join our team to serve and support Tribal communities and our partners in law enforcement."
On November 22, 2019, Attorney General William Barr launched a national strategy to address missing and murdered Native Americans. When establishing the MMIP Initiative, the Department of Justice made an initial investment of $1.5 million to hire MMIP coordinators to serve with U.S. Attorney’s Offices in 11 states, including Michigan. The strategy also calls for the deployment of the FBI’s most advanced response capabilities when needed, improved data collection and analysis, and training to support local response efforts.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.justice.gov/Celebrating150Years.
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U.S. Attorney Announces Nearly $11.6 Million Awarded to Nevada to Help Address COVID-19Read the Press Release
LAS VEGAS, Nev. – U.S. Attorney Nicholas A. Trutanich for the District of Nevada announced today that the Department of Justice’s Office of Justice Programs has awarded nearly $11.6 million in grant funding to Nevada, including the City of Las Vegas, City of Reno, and Nevada Department of Public Safety.
“This funding will help Nevada respond to public safety challenges posed by COVID-19, including assisting agencies with meeting the needs of their officers and communities,” said U.S. Attorney Trutanich. “We appreciate OJP’s support in making these resources available to our state.”
The grants were recently awarded as part of the $850 million available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. This program allowed eligible state, local and tribal governments to apply for funding. A list of all awards can be found at https://bja.ojp.gov/program/cesf/awards. Below are the awardees in Nevada:
RecipientAward Amount
Nevada Department of Public Safety$7,385,200
City of North Las Vegas $537,416 Washoe County $36,862 City of Carson City $40,461 Henderson Police Department $128,895 City of Reno $376,434 Clark County $1,485,666City of Las Vegas
$1,485,666
Sparks Police Department $99,236The Coronavirus Aid, Relief and Economic Security, or CARES, Act gives jurisdictions considerable latitude in the use of funds for responding to the COVID-19 situation. Potential uses include hiring personnel, paying overtime, purchasing protective equipment and distributing resources to hard-hit areas. Funds may also be used to help correctional facilities cover costs related to COVID-19, including, but not limited to, sanitation, contagion prevention and measures designed to address the related medical needs of inmates, detainees and correctional personnel.
Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program were candidates for the emergency funding. A complete list of eligible jurisdictions and their allocations is available at https://bja.ojp.gov/program/fy20-cesf-allocations. For more information, please visit https://bja.ojp.gov/funding/opportunities/bja-2020-18553.
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Two Men Sentenced in Child Exploitation CasesRead the Press Release
COMPUTER MONITORING OF PREVIOUSLY CONVICTED CAMPBELLSVILLE, KY, MAN LEADS TO 15 YEAR SENTENCE
MADISON, IN, MAN ON SEX OFFENDER REGISTRY SENTENCED TO 30 YEARS FOR TRAVELING TO HAVE SEX WITH YOUNG CHILD
BOWLING GREEN, Ky. - A Campbellsville, Kentucky, man, has been sentenced to 15 years’ imprisonment followed by a lifetime of supervised release for attempted receipt of child pornography and accessing the internet with intent to view child pornography, thanks to detection software monitored by United States Probation officers. James S. Wolfe, 56, was found guilty of the charges by jury trial in January after less than 30 minutes of deliberation.
LOUISVILE, Ky. - A Madison, Indiana, man, Jon Michael Helms, 46, was also sentenced on Monday. Helms was sentenced by United States District Judge Justin R. Walker to 30 years’ imprisonment followed by a lifetime of supervised release for interstate travel to engage in a sexual act with a child under 12.
There is no parole in the federal system.
“We as parents must face the reality of the growing threat to our kids from the combination of predators and technology; not just to other families or neighborhoods, but a risk to every household with a screen,” said U.S Attorney Russell Coleman. “Though the bright spot being that whether the badge of a U.S. Secret Service Agent, Kentucky Attorney General Detective, U.S. Probation Officer, or credentials of a federal prosecutor, Kentucky law enforcement is unified in giving no quarter in battling to keep our children safe.”
U.S. v. James S. Wolfe
On July 2, 2019, a federal grand jury returned a two-count Superseding Indictment charging Wolfe with attempted receipt of child pornography and accessing with the intent to view child pornography. At the time of the charges, Wolfe was serving a 10-year term of Supervised Release imposed by the United States District Court for the Northern District of West Virginia. In that case, Wolfe pleaded guilty to one count of possessing child pornography.
On November 29, 2017, Wolfe was released from the Bureau of Prisons and his 10-year term of Supervised Release commenced. The United States Probation Office in the Western District of Kentucky agreed to accept Wolfe for supervision after changes were made to the conditions of the supervision. Wolfe moved to Campbellsville, Kentucky, where he lived with his mother and older brother. He requested permission to have access to a computer. The United States Probation Office agreed to the request, but Wolfe was supposed to use the computer with internet access to seek employment and conduct routine business. And, the computer had to have monitoring software loaded on it to keep track of Wolfe’s activities. The supervising Probation Officer met with Wolfe and explained the monitoring process to him and his mother. Computer monitoring began on April 24, 2018.
Less than a week later, the monitoring company contacted the Probation Officer concerning Wolfe’s search activities. On May 7, 2018, the Probation Office received notification that Wolfe’s computer was not reporting back to the monitoring company’s servers. Two days after the reinstallation of the monitoring software the Probation Office was again notified of concerning activity on Wolfe’s computer. The search terms clearly referred to children and sexual activity. On May 25, 2018, the supervising Probation Officer conducted an unscheduled home visit and made contact with Wolfe and his mother. When confronted by the Probation Officer concerning the online activity, Wolfe stated that he didn’t think anything he had searched or viewed constituted pornography. The Probation Officer seized the computer, an unauthorized cellular telephone and numerous pages of handwritten notes (containing, among other things, lists of web sites).
A forensic examination of the computer conducted by the United States Secret Service revealed search terms indicative of child sexual exploitation as well as shadow copies of images depicting the sexual exploitation of children. The Secret Service prepared a report and provided it to the United States Probation Office. The United States Probation Officer submitted the information to the Court in support of an action to revoke Wolfe’s Supervised Release and Senior United States District Judge Joseph H. McKinley, Jr., revoked his release on June 3, 2019. Wolfe’s conduct also led to the filing of the new charges for which he was convicted by a jury on January 15, 2020, in Bowling Green, Kentucky, before Chief United States District Judge Greg N. Stivers.
The case was prosecuted by Assistant United States Attorney Jo E. Lawless and was investigated by the United States Probation Office and the United States Secret Service.
U.S. v. Jon Michael Helms
According to the Plea Agreement, a Detective with the Attorney General’s Department of Criminal Investigations engaged in an online undercover investigation concerning child sexual exploitation. The Detective entered a secret group on a social media platform while maintaining an Undercover Persona (UC). On July 20, 2018, the Detective received a message from an unknown party on the Messenger Application with the username: “heartbreaker1974,” who sent several images and videos of suspected Child Sex Abuse during the time the Detective observed the group chat.
On July 30, 2018, "heartbreaker 1974" – later determined to be Jon Michael Helms -- sent a direct message to the UC over the application. During the conversation, Helms stated he was a male in Madison, Indiana, and that he had been engaging his daughter in sexual abuse from 6 months of age until the present (claiming child was 10 at the time). He then provided two images of a female child purported to be his daughter along with a phone number. Helms and the Detective talked on the phone and continued communicating for several days. During that time, the Detective learned Helms’ identity as well as the fact that he was listed on the Indiana Sex Offender Registry (underlying conviction -- 2014 in Jennings County, Indiana, for possession of child pornography).
Helms requested to meet with the Detective (who he believed was an 11-year-old child) to engage in sexual acts. Helms also stated he had previously engaged in sex with a two-year-old child. The two agreed to meet on August 4, 2018, in Louisville, Kentucky. Law enforcement officials tracked Helms from Madison to Louisville. When they saw him approaching the agreed upon location, they stopped the car and arrested Helms, the only passenger in the vehicle. After being advised of his constitutional rights, Helms waived those rights and admitted that he had travelled to Louisville from his home in Indiana to meet a person he had communicated with over the messaging application. He also admitted that he had posted images and videos of child pornography to the app. Later review of his phone confirmed it had been used by Helms to communicate with the Detective.
The case was prosecuted by Assistant United States Attorney Jo E. Lawless. The Kentucky Office of Attorney General’s Department of Criminal Investigations led the investigation with significant assistance from the United States Secret Service.
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Two Luzerne County Men Charged with Fentanyl Trafficking and Ammunition OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kearon Brinson, age 40, of West Nanticoke, Pennsylvania, and Lamont Hubbard, age 49, of Plymouth, Pennsylvania, were indicted on June 30, 2020, by a federal grand jury on drug trafficking and ammunition charges.
According to United States Attorney David J. Freed, the indictment alleges that Brinson and Hubbard conspired to traffic in excess of 40 grams of fentanyl between January 2019 and February 2020 in Luzerne County. Brinson was charged with possessing with the intent to distribute crack cocaine, and Hubbard with possessing with the intent to distribute fentanyl, both on February 24, 2020. Hubbard also was charged with possessing ammunition as a convicted felon.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Luzerne Country Drug Task Force, and the Kingston Police Department. Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case.
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 Department of Justice reinvigorated PSN in 2017 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.
This case further was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the most serious drug offense is 40 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty under federal law for the ammunition offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Two Las Vegas Men Indicted for Distributing Opioids Resulting in A DeathRead the Press Release
LAS VEGAS, Nev. — Marco Cebrenos-Osuna, 29, of North Las Vegas, who is accused of distributing opioids resulting in the death of another person, made his initial court appearance today before U.S. Magistrate Judge Daniel J. Albregts, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada and Assistant Special Agent in Charge Daniel Neill for the DEA.
A federal grand jury returned an indictment charging Cebrenos-Osuna and Daniel Anguiano, 41, of Las Vegas, with one count of conspiracy to distribute oxycodone and one count of distribution of fentanyl and acetyl fentanyl. Cebrenos-Osuna was arrested on June 30, 2020, and Anguiano was arrested on May 27, 2020. A jury trial has been scheduled before U.S. District Judge Andrew Gordon on August 21, 2020.
As alleged in the indictment, Anguiano and Cebrenos-Osuna conspired to and distributed oxycodone, fentanyl, and acetyl fentanyl, resulting in the death of a man who obtained opioids from them. Oxycodone and fentanyl are classified as Schedule II controlled substances, and acetyl fentanyl is classified as a Schedule I controlled substance:
- Fentanyl is a synthetic opioid drug that is approximately 80-100 times more potent than morphine and 50 times more potent than heroin. Fentanyl poses a high risk of death not only to users, but to law enforcement since the drug may be ingested, inhaled, or absorbed through the skin. A few milligrams of fentanyl, which is equivalent to a few grains of table salt, may be deadly.
- Acetyl fentanyl is an analog of fentanyl that is 10-15 times more potent than morphine. Acetyl fentanyl has never been approved for medical use and is not available by prescription.
- Oxycodone is a semi-synthetic opioid that is a common drug of abuse. It can be prescribed for managing moderate to severe pain when other treatments are not sufficient.
If convicted, Aguiano and Cebrenos-Osuna each face: (a) a statutory maximum sentence of 20 years imprisonment and a $1,000,000 fine for the conspiracy to distribute oxycodone; and (b) a statutory maximum sentence of life imprisonment (with a mandatory minimum sentence of 20 years imprisonment) and a $10,000,000 fine for distribution of fentanyl and acetyl fentanyl. In addition to imprisonment and fines, the defendants also each face a period of supervised release, restitution, and monetary penalties.
An indictment merely alleges that crimes have been committed. A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case is the product of an investigation by the DEA.
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Two Convicted Felons Indicted for Armed Robbery of 7-ElevenRead the Press Release
St. Louis, Missouri – Monte Kent, 32, of St. Louis, and Harvey Cameron, 29, of St. Louis, were indicted by a federal grand jury on charges of robbery and brandishing a firearm in furtherance of a crime of violence. Cameron was also indicted for being a felon in possession of a firearm.
According to court documents, on June 21, 2020, Kent and Cameron robbed the 7-Eleven at 5350 Chippewa Street, St. Louis, Missouri. As Kent drove a black Cadillac sedan to the front of the store, Cameron got out of the sedan with an AK-style pistol while clutching a trash bag. Kent remained in the driver’s seat. Once inside the store, Cameron pointed the gun at a 7-Eleven employee and demanded the entire cash register drawer. The employee put the cash drawer in the trash bag. Cameron then left the store and got into the black Cadillac sedan. Kent and Cameron drove away.
Shortly after the robbery, St. Louis Metropolitan Police Department officers were advised of the location of a Cadillac sedan matching the description parked on Blair Avenue in St. Louis. The officers exited their police vehicle and announced their presence. But, Kent and Cameron sped off, driving recklessly through the City of St. Louis. When the vehicle finally hit a dead end, Kent and Cameron got out of the sedan and fled on foot. They were subsequently apprehended.
Officers searched the black Cadillac sedan. There was a black trash bag in it with over $90, the 7-Eleven cash register drawer, as well as the AK-style pistol.
If convicted, the charge of robbery carries a maximum penalty of 20 years in prison and a $250,000 fine; brandishing a firearm in furtherance of a crime of violence carries a minimum sentence of seven years; and felon in possession carries a maximum sentence of 10 years in prison and a $250,000 fine on all charges. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
These charges are the result of a joint investigation by the St. Louis Metropolitan Police Department and the Federal Bureau of Investigation. Charges set forth in the Indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Three men indicted for conspiracy to submit fraudulent tax refund claims for fictitious business entitiesRead the Press Release
Justin Herdman, United States Attorney for the Northern District of Ohio, announced today that a federal grand jury sitting in Cleveland has returned a four-count indictment charging Brandon R. Mace, age 43, of Youngstown, Terris Chanley Baker, age 49, of Canton and Robert J. Rohrbaugh II, age 46, of Youngstown with Conspiracy to Commit Offenses against the United States, Aiding and Abetting Theft of Government Property, Aiding and Abetting False Claims against the United States and Conspiracy to Commit Money Laundering.
According to the indictment, from March 2015 to April 2016, the defendants conspired together to submit fraudulent federal income tax returns in the names of various fictitious entities to the IRS in order to obtain tax refunds for the enrichment of themselves and others. On one occasion, the defendants were successful in obtaining a refund check for a fictitious business in the amount of $1,352,779. After obtaining the refund, the defendants then attempted to launder the money by purchasing high-end and luxury vehicles.
In order to carry out their conspiracy, the defendants created phony business entities, trusts, Employer Identification Numbers (EINs) and prepared fraudulent income tax return documents, which reported large tax withholdings that never existed.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, each defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the Internal Revenue Service-Criminal Investigation. This case is being prosecuted by Assistant U.S. Attorney Megan R. Miller.
Three Individuals Charged with Trying to Steal Cash from Aurora ATMRead the Press Release
CHICAGO — Three men have been charged in federal court with attempting to steal cash from an automated-teller machine in downtown Aurora.
On the evening of May 31, 2020, FERMIN OCAMPO-TELLEZ, DIEGO VARGAS, and MICHAEL GOMEZ, along with other individuals, attempted to remove the ATM from its enclosure in the drive-through area of a First Midwest Bank branch in the first block of South Broadway in Aurora, according to a criminal complaint filed in U.S. District Court in Chicago. The trio forcibly grabbed the machine and Ocampo-Tellez repeatedly struck it with a baseball bat in an unsuccessful attempt to move it, the complaint states. No money was taken, but bank officials estimated it will cost $30,000 to repair the machine, the complaint states.
The complaint charges Ocampo-Tellez, 27, Vargas, 24, and Gomez, 19, all of Aurora, with one count of conspiracy to commit bank theft. All three defendants were arrested Wednesday and have made initial appearances in federal court in Chicago. The investigation remains ongoing.
The complaint and arrests were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI. The Aurora Police Department and Naperville Police Department provided valuable assistance. The government is represented by Assistant U.S. Attorney Kate McClelland.
The public is reminded that a complaint is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The conspiracy charge carries a maximum sentence of five years in federal prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. sentencing guidelines.
Thee Michigan men indicted for distribution of THC vape cartridgesRead the Press Release
CLEVELAND, Ohio – A federal grand jury sitting in Cleveland, Ohio has returned a two-count indictment charging Artyom Garber, age 33, Paul Queenan, age 64 and John Botsford, age 62, all of Michigan with conspiracy to possess with the intent to distribute and possession with the intent to distribute Tetrahydrocannabinols (THC).
According to court documents, Garber (formally of Cleveland, Ohio), Queenan and Botsford agreed to deliver 9,800 THC vape cartridges from Ann Arbor, Michigan to a residence in Cleveland, Ohio. On October 10, 2019, agents from the U.S. Food and Drug Administration (FDA) performed an investigative stop of Queenan and Botsford in Cleveland and seized the cartridges. During an investigation, detectives learned of an additional 700 THC cartridges remaining in a storage unit in Dearborn Heights, Michigan that belonged to Garber and Queenan.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, each defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation was conducted by the FDA – Office of Criminal Investigations in conjunction with the Ohio Attorney General’s Organized Crime Commission Major Crimes Task Force. The Task Force consists of the Cuyahoga County Sheriff’s Department, Cuyahoga County Prosecutor’s Office, FDA, U.S. Postal Inspection Service and the Department of Homeland Security, Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorney Aaron P. Howell.
St. Francis Man Indicted on Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Possession of an Unregistered Firearm.
Kendall Elk Looks Back, age 29, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 29, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $10,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 13, 2019, in Todd County, Elk Looks Back knowingly possessed a weapon less than sixteen inches in length, which was not registered to him in the National Firearms Registration and Transfer Record.
The charge is merely an accusation and Elk Looks Back is presumed innocent until and unless proven guilty.
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 Department of Justice reinvigorated PSN in 2017 as part of its 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 local communities 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. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Elk Looks Back was released on bond pending trial. A trial date has not been set.
South Bend Man SentencedRead the Press Release
SOUTH BEND – Rumaldo Gamboa, age 45, of South Bend, Indiana, was sentenced by United States Magistrate Judge Michael G. Gotsch, Sr. on his guilty plea to simple assault, announced United States Attorney Thomas L. Kirsch II.
According to documents in this case, Mr. Gamboa is a non-Indian while the victim is a Native American woman, a tribal member of the Pokagon Band of Potawatomi Indians. At the time of the incident, the victim was Mr. Gamboa’s spouse and intimate partner. The incident occurred on tribal land, in the Pokagon tribal village located just outside of South Bend.
“The United States has an important relationship with the Pokagon Band of the Potawatomi Indians and crimes that occur on this federally-recognized tribal land of the Pokagon Band will be taken seriously by my Office,” said U.S. Attorney Thomas L. Kirsch. “We understand the importance of prosecuting domestic violence crimes to ensure the safety of women in tribal communities. We will continue to work in unison with the Pokagon Band to protect the safety of its tribal citizens, while respecting the Pokagon Band’s sovereignty and culture.”
Pokagon Police Chief William Lux said, “The Pokagon Band of Potawatomi Indians is a federally-recognized sovereign nation and is committed to working with our law enforcement partners in the U.S. government to protect our tribal citizens and to prosecute those who violate the law on Pokagon land, especially crimes of domestic violence. The safety of Native American women in domestic situations is an extremely important concern to Native American communities. We appreciate the support of the FBI and U.S. Attorney Kirsch in prosecuting Mr. Gamboa for his crime committed against a member of our tribal community.”
This case was investigated by the Pokagon Tribal Police Department and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Luke N. Reilander.
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Santa Ana Man Sentenced to 15 Years in Prison for Possessing Nearly One Kilogram of Fentanyl and Gun in His Bedroom ClosetRead the Press Release
SANTA ANA, California – An Orange County man who was arrested after authorities uncovered at his residence nearly one kilogram of the extremely potent synthetic opioid fentanyl, as well as a .45 caliber pistol, was sentenced today to 180 months in federal prison.
Guillermo Ernesto Sanchez Hermosillo, 43, of Santa Ana, was sentenced by United States District Judge Josephine L. Staton. Hermosillo pleaded guilty on January 24 to one count of possession with intent to distribute fentanyl and one count of possession of a firearm in furtherance of a drug trafficking crime.
Hermosillo received a 10-year mandatory minimum sentence for the fentanyl crime and a consecutive five-year mandatory minimum sentence for the firearm offense.
After receiving information that Hermosillo was engaging in drug-trafficking activities, officers with the Huntington Beach Police Department and a special agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives went to Hermosillo’s apartment on July 31, 2018 to conduct a probation compliance check. Hermosillo was on probation after sustaining a conviction in a domestic violence case four months earlier. At the time of the search, there were three minors in the apartment, including a 3-week-old baby.
Hermosillo admitted in his plea agreement that at the time of the July 2018 search, in a bedroom closet in his residence, he possessed 891 grams of fentanyl, nearly two kilograms of heroin and approximately 2.7 kilograms of methamphetamine. Hermosillo also admitted to knowingly possessing a firearm – a Glock.45 caliber pistol – in furtherance of a drug trafficking crime.
The ATF and the Huntington Beach Police Department investigated this matter.
This case was prosecuted by Assistant United States Attorney Anne C. Gannon of the Santa Ana Branch Office.
Salem New Hampshire Police Captain Arrested for Tax Fraud Related to Profit from Sales of FirearmsRead the Press Release
BOSTON – A Captain with the Salem, N.H. Police Department was arrested today and charged with tax fraud deriving from profits he earned from selling firearms.
Michael Wagner, 48, of Pelham, N.H., was arrested and charged in an indictment unsealed today on one count of filing a false tax return. Wagner will make an initial appearance via videoconference at 2:15 p.m. in federal court in Boston. Wagner is a Captain with the Salem, N.H. Police Department.
The indictment alleges that in December 2012 and January 2013, Wagner purchased approximately 36 assault rifles from Sig Sauer Academy in Epping, N.H. and resold them in 2013 to earn a profit of more than $33,000 that Wagner purposely omitted from his 2013 tax return. Wagner allegedly used a 25 percent discount that Sig Sauer offered law enforcement officers, which increased his profit, and directed a subordinate police officer to make a purchase of an assault rifle for him after Sig Sauer stopped giving Wagner the law enforcement discount. The indictment further alleges that Wagner overstated his deductions in his 2013 tax return by falsely claiming more than $10,000 in reimbursed expenses for police equipment, ammunition and firearms.
The charging statute provides for a sentence of up to three years in prison, one year of supervised release and a fine of up to $100,000. 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; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco and Firearms, Boston Field Division; Attorney General of New Hampshire Gordon MacDonald; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Neil J. Gallagher, Jr. of Lelling’s Public Corruption Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Rush Man Pleads Guilty to Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Rungrot Phimthong, 26, of Rush, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession of child pornography involving prepubescent minors. The charge carries a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that on October 10, 2018, the defendant possessed a laptop computer, which contained more than 600 images of child pornography. Some of the images depicted prepubescent minors or minors under 12 years-old. Phimthong also admitted that prior to December 21, 2017, he electronically sent images of child pornography to other individuals with whom he was communicating.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for September 29, 2020, before Judge Geraci.
# # # #Rochester Gun Store Burglar Admits to Lying About Military MedalsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Marcos D. Guzman, 36, of Rochester, NY, pleaded guilty to making fraudulent representations about the receipt of military medals before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of one year in prison and a $100,000 fine.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that Guzman lied to the U.S. Probation Office about his military service and being awarded two Purple Hearts in order to try to get a lower sentence on two pending firearms offenses. Specifically, the defendant lied about serving in the United States National Guard, being deployed to Iraq for 18 months, and receiving two Purple Hearts for saving another soldier on the battlefield in Iraq. Guzman provided photographs to the U.S. Probation Office that purported to show the two Purple Heart certificates. The Purple Heart certificates were fake.
In April 2019, Guzman was convicted of theft of firearms from a Federal Firearms Licensee and possession of firearms by a convicted felon, after stealing approximately 87 firearms from Chinappi’s Firearms & Supplies, a gun store on West Ridge Road in Spencerport, NY. Co-defendants Dakota Sarfaty and Luis D. Marcano-Agosto have also been convicted. Many of the firearms were sold on the streets of Rochester.
“As our Nation comes together to celebrate July 4th, we also reflect on those brave men and women of the military who made, and who continue to make, sacrifices so that we may enjoy the blessings of liberty,” stated U.S. Attorney Kennedy. “For a convicted armed felon and thief to attempt to receive leniency for his criminal acts by fraudulently cloaking himself in an honor reserved for our bravest of military heroes is the antithesis of honor and conduct which is deserving of special recognition—in the form of its very own criminal conviction.”
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the VA Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Christopher Algieri; and the Yates County Sheriff’s Office, under the direction of Sheriff Ron Spike.
Guzman is scheduled to be sentenced for both the firearms offenses and lying about the military medals on August 12, 2020, at 4:00 p.m. before Judge Wolford.
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Reno Resident Arrested and Charged for Breaking Windows at Reno Federal Courthouse During May 30 Civil UnrestRead the Press Release
RENO, Nev. — Keith Leroy Moreno, 27, of Reno, made his initial court appearance today for allegedly destroying federal property on May 30, 2020, in Reno, following a protest relating to George Floyd’s death, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada, Special Agent in Charge Aaron C. Rouse for the FBI, and U.S. Marshal Gary Schofield for the U.S. Marshals Service.
“Our office is committed to protecting the First Amendment right to peacefully protest and demonstrate,” said U.S. Attorney Trutanich. “But violence, destruction, and vandalism, including damage to federal property such as courthouses, will not be tolerated.”
FBI Special Agent in Charge Rouse stated: “The FBI’s mission is to uphold the Constitution, which includes freedom of speech and the right to assemble. We will continue working with our federal, state and local partners to ensure individuals who destroy parts of our city will be held accountable.”
As alleged in court documents, in the late evening of May 30, 2020, Moreno threw a cigarette receptacle (weighing about 23 pounds) and two rocks through the first floor windows of the Bruce R. Thompson Federal Courthouse, located at 400 South Virginia Street in Reno. Moreno broke three of the courthouse’s windows.
Subsequently, Moreno allegedly boasted about having thrown the receptacle through a courthouse window on May 30. In addition, Moreno allegedly bragged that law enforcement was not smart enough to find him and claimed that, if there was further civil unrest or rioting, “I’d go right back to it.”
Moreno was arrested on Wednesday, July 1, and he had his initial appearance via video conference this afternoon before U.S. Magistrate Judge Deborah Barnes of the Eastern District of California.
If convicted, Moreno faces a statutory maximum sentence of 10 years in prison and a $250,000 fine for destruction of government property. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes only. If convicted of any offense, the sentencing of a defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
A criminal complaint is a formal accusation of criminal conduct for purposes of establishing probable cause, not evidence of guilt. The defendant is presumed innocent unless and until proven guilty in a court of law.
This case was the product of an investigation by the FBI, the U.S. Marshals Service, and the Nevada Attorney General's Office. Assistant U.S. Attorney Penelope Brady is prosecuting the case.
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Rapid City Man Sentenced for Internet CrimeRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Attempted Receipt of Child Pornography was sentenced on June 16, 2020, by Jeffrey L. Viken, U.S. District Court Judge.
Kody Ronning, age 23, was sentenced to 5 years in federal prison followed by 5 years of supervised release and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Ronning also will be required to register as a sex offender under the Sex Offender Registration and Notification Act.
Ronning was arrested and federally indicted following his participation in multiple chats and text messages with a person Ronning believed to be a 14-year-old girl, but who was in fact an undercover agent. Ronning requested sexually explicit images from the 14-year-old undercover persona between September 2018 and October 2018.
The investigation was conducted by the Department of Homeland Security, the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, and the Rapid City Police Department. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Ronning was immediately remanded to the custody of the United States Marshals Service.
Rapid City Man Indicted on Child Pornography ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Receipt of Child Pornography and Possession of Child Pornography.
James Dakota Miller, age 21, was indicted on June 11, 2020. Miller appeared before U.S. Magistrate Judge Daneta Wollmann on June 24, 2020, and pleaded not guilty to the charges. The maximum penalty upon conviction is a mandatory minimum of 5 up to 20 years in federal prison and/or a $250,000 fine, up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Miller receiving and possessing child pornography between March, 2016 and January, 2020 at Rapid City. The charges are merely an accusation and Miller is presumed innocent until and unless proven guilty.
The investigation is a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Miller was detained pending trial. A trial date has been set.