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Friday 8 May 2020
Salem Man Drug Dealer Arrested, Charged in Federal CourtRead the Press Release
PORTLAND, Ore.—U.S. Attorney Billy J. Williams announced today that a Salem, Oregon man faces federal drug and firearm charges after large quantities of methamphetamine, eight firearms, and approximately $400,000 in cash were found in his residence and nearby storage locker.
Joshua McGuire, 42, has been charged by criminal complaint with conspiring to possess with intent to distribute methamphetamine, possessing with intent to distribute methamphetamine, and possessing a firearm as a convicted felon.
According to court documents, the Salem Police Department Street Crimes Unit (SCU) began investigating McGuire in April 2020 after they learned he was distributing large quantities of methamphetamine throughout the Salem area. On May 7, 2020, SCU investigators applied for and obtained warrants to search McGuire’s home, vehicle, and storage locker. SCU investigators, working in cooperation with the FBI, executed the warrants the same day.
In McGuire’s storage locker, investigators found more than seven pounds of methamphetamine, a Sig Sauer handgun, digital scales, and drug packaging material. In his home, they found an additional 395 grams of methamphetamine, seven firearms, and approximately $400,000 in cash. McGuire was arrested at his residence without incident.
McGuire made his first appearance in federal court today and was ordered detained pending a follow-up hearing on May 11, 2020. If convicted, McGuire faces a maximum sentence of life in federal prison with a 10-year mandatory minimum, five years’ supervised release, and a $10 million fine.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
This case was investigated by the Salem Police Department Street Crimes Unit with assistance from the FBI and is being prosecuted by the Ashley Cadotte, Assistant U.S. Attorney for the District of Oregon.
Ronan woman sentenced to prison for embezzling from company, evading taxesRead the Press Release
MISSOULA—A Ronan woman who admitted stealing more than $300,000 from her employer and evading paying income taxes was sentenced today to 25 months in prison, three years of supervised release and ordered to pay restitution, U.S. Attorney Kurt Alme said.
Kerry Snow Yeager, 48, pleaded guilty in October to wire fraud, aggravated identity theft and tax evasion.
U.S. District Judge Dana Christensen presided. Judge Christensen ordered $252,740 in restitution, with $216,231 to the victim owner and $36,509 to the IRS.
The prosecution said in court documents that Yeager had worked for a company in Ronan for several years and embezzled $316,231 from the firm beginning in 2015 until August 2017. Yeager used various methods to steal the money including unauthorized cash withdrawals at ATMs, unauthorized use of a company debit card and cashing and depositing checks written on the company's account with a forged signature of the victim owner. Yeager also failed to pay taxes on the embezzled money in 2015, 2016 and 2017. The victim owner discovered Yeager was stealing in August 2017. When confronted, Yeager admitted to the fraud. After the fraud was discovered, a relative of Yeager's paid the victim owner $100,000.
Assistant U.S. Attorney Tim Racicot prosecuted the case, which was investigated by the FBI and IRS Criminal Investigation Division.
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President’s Commission on Law Enforcement and the Administration of Justice Holds Hearing on Juvenile Justice via Series of TeleconferencesRead the Press Release
WASHINGTON – This week, the President’s Commission on Law Enforcement and the Administration of Justice held a hearing on juvenile justice over three days via teleconference. Each teleconference featured expert witnesses who provided testimony and, subsequently, answered questions from the Commissioners.
On Tuesday, May 5, the Commission received testimony from Tim Irwin, Juvenile Judge, Knox County, Tenn.; Brett Kyker, Juvenile Division Chief, Cuyahoga County, Ohio, and; John F. Clark, President and Chief Executive Officer of the National Center for Missing & Exploited Children (NCMEC).
Testimony and discussions focused on framing the issue and the need for accountability. Judge Irwin stated that juvenile court is “not an independent kingdom.” It needs to work with all the other pieces of juvenile justice - especially social services - in rehabilitating children and keeping them, as well as entire communities, safe. Chief Kyker recommended to the Commission that law enforcement assess juveniles when they first encounter them and provide them with tailored services to steer them away from the criminal justice system. President Clark testified that NCMEC provides age-appropriate safety and prevention resources on topics of online and real-world safety. He emphasized that prevention education and awareness is especially essential in times of unpredictability for children, such as this current time-frame when COVID19 stay-at-home orders are in place.
On Wednesday, May 6, the Commission heard testimony from Mo Canady, Executive Director of the National Association of School Resource Officers; Tarrant County (Texas) Sheriff Bill E. Waybourn; Thomas Lemmer, Member, Fraternal Order of Police Lodge #7, Deputy Chief, Chicago Police Department, and; Addison Davis, School Superintendent of Hillsborough County Public Schools in Florida. Superintendent Davis was joined by John Newman, Chief of Security and Emergency Management for Hillsborough County Public Schools for the Q and A portion of the hearing.
Testimony and discussion focused on how law enforcement addresses juveniles involved in crime. Executive Director Canady told the Commission that the number one goal of any successful school resource officer must be to “bridge the gap” between law enforcement and youth. He argued that positive relationships between students and school resource officers lay a powerful foundation for the exchange of information and the protective support of students. Sheriff Waybourn stated: “If we could take dollars that are spent on the juvenile justice system and spend those dollars on the front end while also reexamining our foster care program, we could focus on the forgotten children that we later call delinquents.” Deputy Chief Lemmer urged the Commission to acknowledge the core role of the juvenile court structure. He believes that a "multi-layer community response [to juvenile justice] is needed," including robust prevention measures and effective child welfare monitoring. Superintendent Davis urged the Commission to consider initiating a standardized threat assessment instrument that is accessible to all school districts in our nation.
On Thursday, May 7, the Commission completed its hearing on juvenile justice with testimony from Pam Iorio, President and Chief Executive Officer of Big Brothers Big Sisters of America; Steve Salem, President and Chief Executive Officer of the Cal Ripken Sr. Foundation; Wintley Phipps, Founder, President and Chief Executive Officer of U.S. Dream Academy Inc., and; Jim Clark, President and Chief Executive Officer of the Boys & Girls Clubs of America.
Testimony and discussion focused on youth mentorship. President Iorio discussed the benefits of the Big Brothers Big Sisters’ one-to-one mentoring programs and the impact it has on keeping children out of the juvenile justice system. President Clark discussed how the COVID19 pandemic is presenting new challenges to juvenile justice… “The risk factors that kids face at home and in their communities are magnified – putting them at even higher risk than ever before." Clark believes that "prioritizing prevention and early intervention with youth will reduce the potential impacts of community violence, gang activity and engagement in high-risk activity." President Phipps testified that “intergenerational incarceration fuels the normalization of incarceration… Mentoring is the last great hope when the family disintegrates.” President Salem recommends that police executives encourage and reward officers that engage in youth development programs to provide positive interactions between police and youth.
For more information on the Commission, please visit: https://www.justice.gov/ag/presidential-commission-law-enforcement-and-administration-justice
Audio recordings and transcripts of the hearings will be posted online once available.
Portsmouth Man Sentenced to 51 Months for Wire Fraud ChargesRead the Press Release
CONCORD - John Foster, 56, of Portsmouth, was sentenced on Thursday to 51 months in federal prison for wire fraud, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, from 2014 to sometime in May of 2018, Foster owned multiple limited liability corporations (LLCs) which he used in his schemes. In each of the schemes, Foster defrauded victims to obtain money that he claimed would be used for business projects, but actually used the money for his own personal benefit.
In 2018, Foster owned J.O. Foods, a company that facilitated the purchase and shipment of food to foreign countries. He agreed to send several thousand pounds of lobster to Vietnam. A customer agreed to pay J.O Foods a total of $145,500 for the delivery of the lobster. Foster falsely assured the company that the lobster was being shipped and induced the customer to send him over $100,000.
In 2014, Foster owned JM Application, Design and Technologies, LLC, which purportedly developed and sold mobile computer applications. Foster used false representations to persuade seven individuals to invest $250,000 in the business and falsely claimed that the money was being used to further business development when Foster actually used the money for his personal benefit.
In 2015, Foster promised to investors that he would develop an app called “Rocket Dog” to assist a business. Foster convinced an individual to invest over $156,000 to develop the app. During the next several months, Foster provided misleading information and material about the development of the Rocket Dog app and used most of the money for personal expenses.
In 2015, Foster also offered to create an app for another business and falsely claimed to have secured a patent for the app. He used false representations to persuade individuals to provide over $120,000 that he falsely claimed would be used to develop the app. Foster actually used most of the money for his personal benefit.
Foster previously pleaded guilty on January 8, 2020.
“Fraud schemes exploit the trust of victims and steal their money,” said U.S. Attorney Murray. “This defendant’s repeated use of fraudulent schemes to obtain large sums of money was reprehensible. This substantial sentence demonstrates that white collar crime will not be tolerated and those who commit these crimes will go to prison.”
“John Foster repeatedly took advantage of those who trusted him, by cheating them out of hundreds of thousands of dollars, using a variety of fraudulent schemes,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Today’s sentence should make it crystal clear the FBI will not hesitate to go after criminals like him who take advantage of unsuspecting victims for their own personal gain.”
This matter was investigated by the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney John Davis. Former Assistant U.S. Attorney Robert M. Kinsella previously participated in the prosecution of this case.
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Pinson Man Sentenced to 115 Months in Prison for Federal Gun Charge Stemming from Events in Chilton CountyRead the Press Release
Montgomery, Alabama – On Thursday, May 7, 2020, Johnathan Scott Kelley, a 31-year-old man from Pinson, Alabama, was sentenced to 115 months in prison for the illegal possession of a firearm, announced United States Attorney Louis V. Franklin, Sr. Following his prison sentence, Kelley will be on supervised release for three years. There is no parole in the federal system.
According to court records, on September 11, 2019, Kelley was indicted by a federal grand jury for being a felon in possession of a .22 caliber pistol. Having a previous felony conviction, he was prohibited by federal law from possessing the firearm. The allegation in the indictment was based on encounters Kelley had on June 29, 2018 and July 5, 2018 with law enforcement in Chilton County. Kelley pleaded guilty to the charge on January 21, 2020.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Chilton County Sheriff’s Office investigated this case, with assistance from the Jemison Police Department and the Montgomery County Sheriff’s Office. Assistant United States Attorney Brandon Bates prosecuted the case.
Physician to Pay $50,000 and Permanently Cease Prescribing Opioids to Resolve Allegations of Improperly Prescribing OxycodoneRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced today that Dr. Eric Heffelfinger, a pulmonologist who previously practiced in Ridley Park, Pennsylvania, will pay $50,000 and permanently lose his ability to prescribe opioids to resolve allegations that he improperly prescribed oxycodone and split the pills with a patient for his own personal use.
The settlement resolves allegations that between February 2014 and August 2016, Heffelfinger, who had a registration with the Drug Enforcement Administration to prescribe controlled substances, prescribed oxycodone to one patient on several occasions at least partially for the purpose of using some of the pills himself. The United States contends that such prescriptions were not written for a legitimate medical purpose and in the usual course of professional practice and were therefore illegal.
Heffelfinger has agreed to pay $50,000 to resolve the allegations. The settlement also permanently prevents Heffelfinger, as a physician, from ever purchasing, prescribing, distributing, or dispensing opioid controlled substances in the future and imposes a number of other accountability measures through an administrative agreement with the Drug Enforcement Administration.
“An important component of our strategy to combat the opioid epidemic is always to hold healthcare providers accountable if they abuse their prescribing privileges,” said U.S. Attorney McSwain. “We will use every tool at our disposal, including civil penalties and permanent revocation of opioid prescribing, to hold providers accountable and prevent abuse.”
“Healthcare providers who have the privilege to prescribe controlled substances must understand that misusing that privilege will have serious consequences,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s Philadelphia Field Division. “We will continue to work together with the U.S. Attorney’s Office to identify all healthcare providers who violate the law and hold them responsible.”
This investigation was conducted with the Drug Enforcement Administration’s Philadelphia Field Division and the Federal Bureau of Investigation. For the United States Attorney’s Office, Assistant United States Attorney Anthony D. Scicchitano handled the investigation and settlement.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Oxford Man Sentenced to Prison for PerjuryRead the Press Release
An Oxford man who testified falsely at the federal firearms trial of a Cedar Rapids man in 2019 was sentenced May 8, 2020, to more than two years in federal prison.
Blayze Harding, age 27, from Oxford, Iowa, received the prison term after a January 14, 2020 guilty plea to one count of making a false statement before a federal court.
In a plea agreement, Harding admitted that on May 14, 2019, he testified as a witness in at trial in the case titled United States of America v. Carl McArthur, was placed under oath, and answered some of the questions posed to him falsely. Harding agreed his false testimony substantially interfered with the administration of justice.
Harding was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Harding was sentenced to 27 months’ imprisonment, which was ordered to be served consecutive to the sentences imposed in the Iowa District Court for Johnson County and Fayette County. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Harding is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Ashley Corkery and Patrick Reinert and was investigated by Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from its Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-00131.
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Omaha Man Sentenced for Drugs and Firearms OffensesRead the Press Release
United States Attorney Joe Kelly announced that William Birdhead, age 42, was sentenced today to 132 months’ imprisonment by United States District Judge Robert F. Rossiter, Jr. for Possession with Intent Distribute at least 50 grams of Methamphetamine (mixture) and Carrying a Firearm During and in Relation to a Drug Trafficking Crime. There is no parole in the federal system. Following his release from prison, Birdhead will serve 5 years of supervised release.
On May 24, 2019, officers with the Omaha Police Department made contact with Birdhead while he was in his vehicle in the area of 48th and Martha Streets in Omaha, Nebraska. Birdhead was in the driver’s seat and was reaching back into the trunk. When Birdhead saw the officers, it appeared like he shoved something between the driver’s seat and the console. A subsequent search of the vehicle revealed a loaded semiautomatic handgun between the driver’s seat and the center console. In the trunk of the vehicle, the officers located an AK47-style rifle, loaded magazine, two muzzle breaks, and ammunition. Both of these firearms had been reported stolen. Behind the vehicle’s license plate, the officers located 63.254 grams of methamphetamine salt with 55% purity. During a search of Birdhead’s residence, officer’s located another AK47-style rifle and a revolver. Birdhead has two prior convictions for felony firearms offenses and a prior felony conviction for a crime of violence.
Marino Vidoli, Special Agent in Charge of ATF’s Kansas City Field Division said, “This case is yet another example of how ATF’s seamless partnership with the Omaha Police Department continues to remove violent criminals and armed drug traffickers from the streets of our community. This case, and cases like it, make our neighborhoods safer places to live and play and should serve as a reminder to would-be criminals that there will be consequences for their actions.”
This case is part of Project Safe Neighborhoods, which is a national initiative of the Department of Justice that was announced in 2001 to reduce and prevent violent crime and make the nation’s neighborhoods safer.
This case was investigated by the Omaha Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Newark Man Charged with Possession of Machine GunRead the Press Release
NEWARK, N.J. – A Newark man will make his initial appearance today on charges stemming from his arrest for illegally possessing a machine gun, U.S. Attorney Craig Carpenito announced.
Anthony Reynolds, 26, is charged by federal criminal complaint with one count of possession of a machine gun, one count of possession of a firearm by a convicted felon, and one count of possession of a machine gun not registered to him in the National Firearms Registration and Transfer Record. He is scheduled to appear by video conference this afternoon before U.S. Magistrate Judge Joseph A. Dickson.
According to documents filed in this case and statements made in court:
On May 2, 2020, at approximately 8:40 p.m., Newark Police Officers were conducting surveillance in marked patrol cars in the area of Summer Avenue and May Street in Newark, with the specific purpose of minimizing social gathering of citizens in order to prevent the spread of the COVID-19 virus.
One of the officers observed several individuals congregating on the sidewalk within close proximity to each other. The officers stopped their patrol cars and exited their vehicles. As they did so, one of the officers observed Reynolds remove a black handgun from the front of his waistband and place it underneath a parked vehicle. An officer looked underneath the vehicle and observed a .40 caliber Glock 23 semiautomatic handgun, which was loaded with 11 rounds of ammunition.
Law enforcement officials determined that the firearm was fitted with a Glock conversion device commonly referred to as “Glock Switch,” which has the effect of converting a semiautomatic Glock pistol into a machinegun.
Reynolds was then placed under arrest. A search of Reynolds incidental to his arrest revealed a small clear sandwich bag containing suspected marijuana and $655.25 in United States currency.
Each of the three charges carries a maximum penalty of 10 years in prison and a fine of up to $250,000.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local and tribal authorities in investigating and prosecuting gun crimes; improves information sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensured that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/projectguardian
U.S. Attorney Carpenito credited special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Newark Division, under the direction of Special Agent in Charge Charlie J. Patterson; and the Newark Police Department, under the direction of Public Safety Director Anthony F. Ambrose, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Jonathan W. Romankow of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Man Charged in Criminal ComplaintRead the Press Release
HAMMOND- Jarron Price, 27, was charged in a criminal complaint with possessing a firearm as a previously convicted felon, announced U.S. Attorney Kirsch.
The criminal complaint alleges that on May 7, 2020, at approximately 11:15 p.m. on Calumet Avenue in Hammond, police observed a vehicle traveling at a high rate of speed, swerving around vehicles and almost striking them. After stopping the vehicle, police observed the front seat passenger, later identified as Jarron Price, reaching toward his left side area. Police ordered Price out of the vehicle and observed a firearm on top of the passenger seat where he had been sitting. Price has a prior felony conviction for armed violence.
“We continue to remain focused on reducing gun crime in the Northern District of Indiana,” said United States Attorney Thomas L. Kirsch II. “Our law enforcement partners are in constant coordination with my office to investigate and prosecute prohibited persons from having firearms.”
The United States Attorney’s Office emphasizes that a criminal complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the ATF HIDTA Task Force and Hammond Police Department. This case is being prosecuted by Assistant United States Attorney Caitlin M. Padula.
Lexington Man Sentenced to 128 Months for Armed Drug TraffickingRead the Press Release
LEXINGTON, Ky. — Rakim Moberly, 31, of Lexington, was sentenced today, to 128 months in federal prison, by United States District Judge Danny C. Reeves, for possession with intent to distribute fentanyl, possession of a firearm in furtherance of drug trafficking, and possession of a firearm by a convicted felon.
In April 2019, officers with the Lexington Police Department, responded to a disorder call involving Rakim Moberly. During the investigation, officers located a loaded 9mm handgun in Moberly’s pocket. While under arrest at the Fayette County Detention Center, Moberly attempted to conceal several bags of narcotics. Officers retrieved the bags and located 9.62 grams of fentanyl, 37.415 grams of methamphetamine, and .475 grams of cocaine.
Under federal law, Moberly must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for five years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Tommy Estevan, Acting Special Agent in Charge of the ATF Louisville Field Division; and Lawrence Weathers, Chief of the Lexington Police Department, jointly made the announcement.
The ATF and the Lexington Police Department conducted the investigation. The United States was represented by Assistant United States Attorney Cynthia T. Rieker.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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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Justice Department files statement of interest to protect rights of military and overseas voters in GeorgiaRead the Press Release
ATLANTA – The Department of Justice (DOJ) filed a Statement of Interest in the Northern District of Georgia to help ensure that uniformed service members serving their country away from home, their family members absent with them, and American citizens living overseas have the opportunity to participate fully in Georgia’s 2020 federal elections. The Statement of Interest is part of the Department of Justice’s continued efforts to enforce the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).
“The right to vote is fundamental to our democracy,” said U.S. Attorney Byung J. Pak. “My office will continue to devote resources to ensure that this fundamental right is protected for all citizens, especially the men and women serving in our military overseas.”
“Our filing today reflects the Justice Department’s unwavering commitment to ensuring that military and overseas voters are afforded a meaningful opportunity to participate in federal elections,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “We will continue to ensure that the ability of our brave men and women serving in the military and our citizens residing overseas to participate fully in all federal elections is not infringed, and we will also continue to closely monitor challenges to voting practices to ensure that those challenges do not result in a violation of federal law.”
The lawsuit in question, brought by private plaintiffs, involves constitutional challenges to several aspects of Georgia’s upcoming federal primary election, including the Secretary of State’s decision to hold the state’s 2020 primary election on June 9. Among other possible relief relating to the COVID-19 pandemic, the plaintiffs have asked the court to postpone Georgia’s primary election until June 30.
The Statement of Interest explains that UOCAVA requires states to transmit absentee ballots to military and overseas voters who have requested them at least 45 days before any federal election, including federal runoff elections. Under the plaintiffs’ proposed schedule, Georgia would not be able to transmit ballots for any federal runoff election by June 27, the 45-day deadline for the state’s August 11 primary runoff election, which the plaintiffs did not seek to reschedule. The Statement of Interest does not take a position on whether the court should grant a request to adjust the election calendar, or on the merits of any of the private plaintiffs’ claims. But the Statement notes that if the court does change the election dates, any new election schedule should comply with UOCAVA to avoid the real possibility of disenfranchising military and overseas voters.
UOCAVA requires states to allow uniformed service voters serving away from home (those serving both overseas and within the United States) and their families who are absent with them and American citizens residing overseas to register to vote and to vote absentee for all elections for federal office. In 2009, Congress enacted the MOVE Act, which made significant amendments to UOCAVA. Among those changes was a requirement that states transmit absentee ballots to UOCAVA voters who have timely requested ballots, by mail or electronically at the voter’s option, no later than 45 days before federal elections.
More information about UOCAVA and other federal voting rights laws is available on the Department of Justice website at https://www.justice.gov/crt/voting-section. Complaints about possible violations of the federal voting rights laws may be reported to the Justice Department’s Civil Rights Division at 1-800-253-3931.
Assistant U.S. Attorney Aileen Bell Hughes, Civil Rights Enforcement Coordinator, is handing this matter for the Northern District of Georgia.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Justice Department Files Statement of Interest to Protect the Rights of Military and Overseas Voters in GeorgiaRead the Press Release
WASHINGTON – The Department of Justice today filed a Statement of Interest in a Georgia federal court to help ensure that uniformed service members serving their country away from home, their family members absent with them, and American citizens living overseas have the opportunity to participate fully in Georgia’s 2020 federal elections. The Statement of Interest is part of the Department of Justice’s continued efforts to enforce the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).
“Our filing today reflects the Justice Department’s unwavering commitment to ensuring that military and overseas voters are afforded a meaningful opportunity to participate in federal elections,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “We will continue to ensure that the ability of our brave men and women serving in the military and our citizens residing overseas to participate fully in all federal elections is not infringed, and we will also continue to closely monitor challenges to voting practices to ensure that those challenges do not result in a violation of federal law.”
“The right to vote is fundamental to our democracy,” said Byung J. Pak, U.S. Attorney for the Northern District of Georgia. “My office will continue to devote resources to ensure that this fundamental right is protected for all citizens, especially the men and women serving in our military overseas.”
The lawsuit in question, brought by private plaintiffs, involves constitutional challenges to several aspects of Georgia’s upcoming federal primary election, including the Secretary of State’s decision to hold the state’s 2020 primary election on June 9. Among other possible relief relating to the COVID-19 pandemic, the plaintiffs have asked the court to postpone Georgia’s primary election until June 30.
The Statement of Interest explains that UOCAVA requires states to transmit absentee ballots to military and overseas voters who have requested them at least 45 days before any federal election, including federal runoff elections. Under the plaintiffs’ proposed schedule, Georgia would not be able to transmit ballots for any federal runoff election by June 27, the 45-day deadline for the state’s August 11 primary runoff election, which the plaintiffs did not seek to reschedule. The Statement of Interest does not take a position on whether the court should grant a request to adjust the election calendar, or on the merits of any of the private plaintiffs’ claims. But the Statement notes that if the court does change the election dates, any new election schedule should comply with UOCAVA to avoid the real possibility of disenfranchising military and overseas voters.
UOCAVA requires states to allow uniformed service voters serving away from home (those serving both overseas and within the United States) and their families who are absent with them and American citizens residing overseas to register to vote and to vote absentee for all elections for federal office. In 2009, Congress enacted the MOVE Act, which made significant amendments to UOCAVA. Among those changes was a requirement that states transmit absentee ballots to UOCAVA voters who have timely requested ballots, by mail or electronically at the voter’s option, no later than 45 days before federal elections.
More information about UOCAVA and other federal voting rights laws is available on the Department of Justice website at https://www.justice.gov/crt/voting-section. Complaints about possible violations of the federal voting rights laws may be reported to the Justice Department’s Civil Rights Division at 1-800-253-3931.
Johnstown Man Sentenced to 5 Years in Prison for Fentanyl Distribution ConspiracyRead the Press Release
PITTSBURGH – A resident of Johnstown, Pennsylvania, has been sentenced in federal court to five years’ (60 months’) imprisonment and four years supervised release on his conviction of conspiracy for possession with intent to distribute 40 grams or more of fentanyl, United States Attorney Scott W. Brady announced today.
Chief United States District Judge Mark R. Hornak imposed the sentence on Leroy George, 51.
According to information presented to the court, the charges resulted from a 12-month investigation by the FBI Greater Pittsburgh Safe Streets Task Force (GPSSTF), which targeted a large scale Drug Trafficking Organization operating in Butler, Beaver and Allegheny Counties. Over the course of the investigation, law enforcement determined that the defendant was distributing fentanyl in the Pittsburgh area. Intercepted communications over a federal wiretap ultimately led to the seizure of $12,200 in drug proceeds from the defendant, $10,000 of which were seized during a traffic stop after communications indicated that the defendant intended to meet with a coconspirator in the parking lot of a Chili’s in Ross Township. The court was further informed that as a condition of his guilty plea, George accepted responsibility for the distribution of between 40 and 160 grams of fentanyl.
Assistant United States Attorney Robert C. Schupansky prosecuted this case on behalf of the government.
The FBI’s Greater Pittsburgh Safe Streets Task Force (GPSSTF) led the mulit-agency investigation that led to the successful prosecution of George. The GPSSTF is comprised of dedicated law enforcement professionals from the Wilkinsburg Police Department, Pennsylvania Attorney General’s Bureau of Narcotics Investigations, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pittsburgh Bureau of Police and the FBI. Additionally, the GPSSTF and the United Sates Attorney’s Office for theWestern District of Pennsylvania, would like to recognize the significant contributions made to this investigation by the Pennsylvania State Police, United Sates Postal Inspection Service, Cranberry Township Police Department and the New Brighton Police Department.
Inland Empire Man Agrees to Plead Guilty to Charge that He Produced Dozens of Sexually Explicit Images and Videos of ChildrenRead the Press Release
RIVERSIDE, California – A San Bernardino County man has agreed to plead guilty to a federal criminal charge that he produced dozens of sexually explicit images and videos of children, including of one victim who was 3 years old at the time, the Justice Department announced today.
Chaunta A. Bashir, a.k.a. “taytheonly,” 26, of Chino, agreed to plead guilty to one count of production of child pornography, according to a plea agreement filed Monday in United States District Court. A hearing where Bashir will enter his guilty plea is expected to be set in the coming weeks.
In his plea agreement, Bashir admitted that from June 2015 to October 2018, he produced multiple images and videos of child pornography. Bashir admitted that in October and November 2017, he took sexually exploitative images and videos of a 3-year-old child, including of himself sexually abusing the child.
From April to September 2018, Bashir produced additional sexually explicit images and videos of children ranging in age from 4 years old to 14 years of age, according to the plea agreement. Some of those videos were recorded on his Snapchat and Facebook social media accounts.
During a search of Bashir’s home in October 2018, law enforcement officials recovered more than 600 images and videos from his electronic devices that depicted minors engaged in sexually explicit conduct.
Upon entering his guilty plea, Bashir will face a maximum sentence of 30 years in federal prison and a mandatory minimum sentence of 15 years in federal prison.
This matter was investigated by Homeland Security Investigations with assistance from the Chino Police Department.
This case is being prosecuted by Assistant United States Attorney Tritia L. Yuen of the Riverside Branch Office.
Improvised bomb possession sends West Yellowstone man to prisonRead the Press Release
MISSOULA—A West Yellowstone man who admitted having unregistered improvised bombs after officers found three small devices in his truck was sentenced today to 40 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.
Charles Gibson Bailey, 33, pleaded guilty in January to possession of unregistered explosive devices.
U.S. District Judge Dana L. Christensen presided.
In court records filed in the case, the prosecution said that on Feb. 26, 2019, the West Yellowstone City Court issued a protection order against Bailey. On March 27, 2019, in connection with an investigation into Bailey’s violation of the protection order, law enforcement officers searched Bailey’s truck.
During the search, officers seized three small destructive devices. A Bureau of Alcohol, Tobacco, Firearms and Explosives expert examined the devices and concluded they were designed as weapons and were properly identified as improvised explosive devices. Bailey did not register the devices with the National Firearms Registration and Transfer Record.
Assistant U.S. Attorney Tim Racicot prosecuted the case, which was investigated by the ATF, West Yellowstone Police Department, Gallatin County Sheriff’s Office, National Park Service and Forest Service.
This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.
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Gloucester County Man Sentenced to 65 Months in Prison for Using Fraudulent Invoices to Steal from Hospitals, Clinics and Doctors’ Offices Across United StatesRead the Press Release
CAMDEN, N.J. – A Gloucester County, New Jersey, man was sentenced today to 65 months in prison for mailing thousands of fraudulent invoices to hospitals, clinics and doctors’ offices throughout the United States, U.S. Attorney Craig Carpenito announced.
Robert S. Armstrong, 49, of Turnersville, New Jersey, previously pleaded guilty before U.S. District Judge Noel L. Hillman in Camden federal court to an information charging him with one count of mail fraud. Judge Hillman imposed the sentence today.
This is Armstrong’s second mail fraud scheme. On Nov. 19, 2015, Armstrong was sentenced to 57 months in prison for committing a similar mail fraud scheme in the name of his company, Scholastic Book Supply. In that case, Armstrong caused the mailing of thousands of fraudulent invoices to schools throughout the United States billing them for books that the schools did not order or receive. He was sentenced today to 41 months on the Pinnacle Medical Supply case, which was committed while he was on supervised release for the Scholastic Book Supply case. He pleaded guilty to three violations of his supervised release from prison in the Scholastic Book Supply case, and was sentenced to an additional 24 months in prison, for a total prison sentence imposed today of 65 months.
According to documents filed in this case and statements made in court:
Operating under the name of Pinnacle Medical Supplies, Armstrong prepared and caused to be prepared fraudulent invoices billing hospitals, clinics and doctors’ offices across the United States for medical supplies such as diabetic test strips, EpiPens® and sanitizing wipes that the medical providers never ordered or received. In addition to billing for medical supplies never ordered or received, the invoices included fraudulent shipping information and a fraudulent address.
Armstrong then contracted with a legitimate bulk mailing company to mail more than 10,000 invoices to medical providers across the United States. Each invoice included a payment envelope preaddressed to Pinnacle Medical Supply at mail boxes Armstrong had set up with commercial mail receiving agents in Florida and Texas.
In response to the phony invoices, at least 943 medical providers sent $214,495 to Pinnacle Medical Supply. Armstrong deposited many of the checks from the victim medical providers into a bank account he opened in the name of Pinnacle Medical Supply.
In addition to the prison term, Judge Hillman sentenced Armstrong to an additional three years of supervised release and ordered him to pay full restitution.
U.S. Attorney Carpenito credited law enforcement officers of the U.S. Postal Inspection Service, under the direction of Inspector in Charge Damon Wood in Philadelphia, with the investigation leading to today’s sentencing. He also thanked the Washington Township Police Department in Gloucester County, the Woolwich Township Police Department and the National Insurance Crime Bureau (NICB).
The government is represented by Assistant U.S. Attorney Diana Carrig of the U.S. Attorney’s Office in Camden.
Fort Dodge Woman to Federal Prison for Meth and Firearms ConvictionsRead the Press Release
A woman who conspired to distribute methamphetamine while possessing firearms was sentenced May 7, 2020, to 10 years in federal prison.
Traci Guthrie, 41, from Fort Dodge, Iowa, received the prison term after a November 26, 2019, guilty plea to one count of conspiracy to distribute methamphetamine, one count of possession with intent to distribute methamphetamine, and one count of possession of firearms in furtherance of a drug trafficking crime.
At the guilty plea, Guthrie admitted that from January 2019 through April 16, 2019, she and others distributed more than 50 grams of methamphetamine in the Fort Dodge area. On three separate occasions Guthrie and others in the conspiracy distributed a total of more than 100 grams of pure methamphetamine to an individual cooperating with law enforcement. During a later search of Guthrie’s residence and vehicle, law enforcement seized four guns (two of which were loaded), methamphetamine, drug paraphernalia, scales, a drug ledger, and other items indicative of drug distribution. Law enforcement later seized two more guns in a consent search.
Guthrie was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Guthrie was sentenced to 120 months’ imprisonment. She must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system. Guthrie is being held in the United States Marshal’s custody until she can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Iowa Division of Narcotics Enforcement, Webster County Drug Task Force, Carroll County, Iowa Sheriff’s Office, and the Iowa Division of Criminalistics Laboratory. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by Iowa Division of Narcotics Enforcement, Webster County Drug Task Force, Carroll County, Iowa Sheriff’s Office, and the Iowa Division of Criminalistics Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-3019. Follow us on Twitter @USAO_NDIA.
Florida Man Sentenced in Rhode Island in Bank Fraud, Mail Theft SchemeRead the Press Release
PROVIDENCE – Stacy Moore, 48, of Miami Beach, FL, was sentenced in U.S. District Court in Providence Thursday to 36 months in federal prison for executing an identity theft, bank fraud, and mail theft scheme. One of his victims wrote the court that Moore engaged in a “systematic thought out plan of doing the unconscionable act of stealing” when he used individuals’ stolen identities to order and then steal debit cards and PINs from mailboxes in Rhode Island and Massachusetts. He subsequently used those cards at ATMs in both states to steal funds from bank accounts.
Another of Moore’s victims wrote the court, “Moore thinks that he can be a lazy person and just take from people who work hard, live right and do the right thing. It's obvious that he thinks these rules [don’t] apply to him. He may think that he’s smarter than we fools who get up, sacrifice and go to work every day!”
Moore previously admitted to the court that as part of the scheme, replacement debit cards were ordered from banks using stolen personal identifying information. New debit cards and PINs were sent to the actual bank account holders, then stolen from the account holders’ mailboxes upon delivery by the U.S. Postal Service (USPS). An Informed Delivery account through the USPS website was established for account holder’s address, allowing for notification when the replacement debit cards and PINs would be delivered.
Moore admitted that among his fraudulent activities were 17 unauthorized ATM withdrawals totaling $9,600 at ATMs in Boston in December 2018, and 10 unauthorized withdrawals totaling $6,000 in 2019 from ATMs in Middletown and Newport. Moore admitted to making multiple withdrawals from at least six individuals’ personal bank accounts.
According to information presented to the court, Moore made unauthorized withdrawals totaling $36,000, and attempted to withdraw an additional $4,800.
Moore pleaded guilty on February 5, 2020, to two counts of bank fraud and one count each of aggravated identity theft and theft of mail. He was sentenced on Thursday to a total of 36 months in federal prison to be followed by 3 years’ supervised release. Restitution will be determined at a later date.
Moore’s sentence, imposed by U.S. District Court Judge William E. Smith, is announced by United States Attorney Aaron L. Weisman, Inspector in Charge of the U.S. Postal Inspection Service Boston Division Joseph W. Cronin, and Craig A. Marech, Resident Agent in Charge of the Providence Office of the United States Secret Service.
The case was prosecuted by Assistant U.S. Attorney Denise M. Barton.
United States Attorney Aaron L. Weisman thanks the East Greenwich, West Warwick, Barrington and Middletown Police Departments, and the Rhode Island Department of Corrections for their assistance in the investigation of this matter.
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Dubuque Woman Pleads Guilty to Helping A Man Obtain Dose of Heroin and Fentanyl that Caused His DeathRead the Press Release
A woman who helped a man obtain a fatal quantity of opioids pled guilty on May 7, 2020, in federal court in Cedar Rapids.
Jacqueline Margarett Birch, age 23, from Dubuque, Iowa, was convicted of aiding and abetting the distribution of a controlled substance.
At the plea hearing, Birch admitted that, in May 2019, she knew that another person was going to illegally distribute a drug, and she acted to help that distribution occur. Evidence at a prior hearing showed that Birch drove her boyfriend Mateusz Syryjczyk and another individual to a residence in Dubuque, Iowa, during the early morning of May 27, 2019. Birch and the other individual went into the residence, and returned a short time later with purported heroin they had purchased from a dealer inside the residence. The three then drove to a hotel in Dubuque, where they all used the purported heroin. The other individual began to overdose in the room. Birch and Syryjczyk did not immediately call 911, but, over the course of multiple hours, Birch would occasionally perform CPR on the individual to restore some breathing function, though the person never regained consciousness. Eventually, Birch and Syryjczyk decided they needed to call 911, and Syryjczyk took the remaining drug paraphernalia from the room to prevent law enforcement from finding it. Birch and Syryjczyk also made false statements to the responding police officers about the cause of the individual’s condition. That individual was pronounced dead at the scene. An autopsy later determined the cause of death was use of heroin, fentanyl, and valeryl fentanyl. Syryjczyk previously pled guilty to misprision of a felony for his role in the incident, and is pending sentencing.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Birch remains in custody of the United States Marshal pending sentencing. Birch faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, and a lifetime of supervised release following any imprisonment.
The case was investigated by the Dubuque Drug Task Force and is being prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-1041-CJW-MAR.
Follow us on Twitter @USAO_NDIA.
Dominican National Sentenced for Fentanyl DistributionRead the Press Release
BOSTON – A Dominican national previously residing in Lawrence pleaded guilty and was sentenced yesterday for distributing fentanyl.
Steven de Jesus de Leon Trinidad, 22, pleaded guilty during a videoconference hearing to distribution of fentanyl. U.S. District Judge Leo T. Sorokin then sentenced de Leon Trinidad to time served (approximately 11 months in prison) and three years of supervised release. De Leon Trinidad will face deportation proceedings.
On June 11, 2019, de Leon Trinidad sold fentanyl to an undercover agent in Lawrence. Law enforcement officers arrested de Leon Trinidad immediately following the sale, and he has been in custody since. A federal grand jury indicted de Leon Trinidad in July 2019.
This case is part of a coordinated enforcement operation in the Merrimack Valley called “Devil’s Highway.” The operation targeted the distribution of opioids, including fentanyl and heroin, and resulted in charges against a total of 40 people for federal drug offenses, with at least a dozen more individuals facing state charges.
United States Attorney Andrew Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. Assistant U.S. Attorney Lucy Sun of Lelling’s Worcester Branch Office prosecuted the case.
Dominican National Pleads Guilty to False Identity CrimesRead the Press Release
BOSTON – A Dominican national who previously resided in Lawrence pleaded guilty today in federal court in Boston to fraudulently applying for a Social Security number.
Robely Eladio De Jesus Guerrero, 32, pleaded guilty before U.S. District Court Judge Richard G. Stearns to one count of aggravated identity theft and one count of false representation of a Social Security number. A sentencing date has not yet been scheduled.
On Jan. 4, 2016, De Jesus Guerrero used the Social Security number of a U.S. citizen to submit a renewal application for a Massachusetts driver’s license under the victim’s name.
The investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized investigative group comprising personnel from various state, local, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes.
The charge of aggravated identity theft carries a mandatory two-year prison sentence that must run consecutively to any other sentence imposed, up to one year of supervised release and a fine of up to $250,000. The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Phillip M. Coyne, Special Agent in Charge of the U.S. Department of Health & Human Services, Office of Inspector General, made the announcement today. Valuable assistance was provided by the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Office; U.S. Secret Service; U.S. Postal Inspection Service; U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office; U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, Boston; the U.S. Marshals Service; the Massachusetts State Police; and the Massachusetts Office of Inspector General. Assistant U.S. Attorney Adam W. Deitch of Lelling’s Major Crimes Unit is prosecuting the case.
Convicted Felon Charged with Illegally Possessing FirearmRead the Press Release
RICHMOND, Va. – A previously convicted felon was arrested today on charges of illegally possessing a firearm.
According to court documents, in December 2019, the U.S. Marshals Service, Richmond Police, and Chesterfield County Police executed arrest warrants for Elijah Lamar Cupitt, 37, of Chesterfield, and another individual who is a homicide suspect at a Chesterfield residence. When executing the warrants, the U.S. Marshals recovered a firearm belonging to Cupitt.
Cupitt is charged with possession of a firearm by a convicted felon. If convicted, he faces a maximum penalty of 10 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.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and David W. Archey, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement. Assistant U.S. Attorney Kenneth Simon, Jr. is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:20-mj-59.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty.
Co-Owner of Statesville Trucking Company Is Sentenced to Prison for Wire FraudRead the Press Release
CHARLOTTE, N.C. – Nathaniel Brad Moffitt, 40, of Statesville, N.C., was sentenced to 15 months in prison late yesterday for fraudulently obtaining more than $500,000 in business loans, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, U.S. District Judge Kenneth D. Bell also ordered Moffitt serve two years of supervised release, and to pay approximately $114,000 as restitution.
John A. Strong, Special Agent in Charge of the FBI in North Carolina joins U.S. Attorney Murray in making today’s announcement.
According to filed court documents and information introduced at the sentencing hearing, Moffitt co-owned a trucking company in Statesville with another individual, identified in court documents as B.S. Court records show that from September 2015 to April 2018, Moffitt stole B.S’s name and personal information, and used it to obtain more than $500,000 in fraudulent business loans. To further the fraud, Moffitt made telephone calls and sent emails to apply for and execute the loans, and on at least one telephone call he impersonated B.S. Moffitt used the loan proceeds to pay for legitimate business expenses and for his own personal benefit. At the time the fraud was discovered, the outstanding balance on the loans was more than $100,000. According to court records, as a result of the Moffitt’s fraud, the trucking company had to declare bankruptcy. On November 18, 2019, Moffitt pleaded guilty to wire fraud.
In making today’s announcement, U.S. Attorney Murray thanked the FBI, for their investigation of this case.
Assistant U.S. Attorney Caryn Finley, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Cassville High School Teacher Charged with Sexual Exploitation of a ChildRead the Press Release
SPRINGFIELD, Mo. – A southern Missouri high school teacher has been charged in federal court with the sexual exploitation of a minor after he blackmailed a 14-year-old victim in New Jersey to force her to send him sexually explicit photos and videos.
Brandon Lane McCullough, 31, of Branson, Missouri, was charged in a criminal complaint filed in the U.S. District Court in Springfield, Missouri, on Thursday, May 7. McCullough, formerly a business teacher at Cassville High School, had accepted a position at Hollister High School for next year.
According to an affidavit filed in support of the federal criminal complaint, McCullough originally portrayed himself as a 15-year-old boy when he began chatting via Kik with the child victim, identified in court documents as Jane Doe, in May 2019.
McCullough allegedly threatened to send the sexually explicit images and videos to the victim’s family and friends. McCullough became more aggressive, the affidavit says, demanding additional images and videos. Jane Doe repeatedly pleaded with McCullough to stop, according to the affidavit, telling him “can you please (just) leave me alone now,” and “can you just stop” and “I … don’t wanna do that.” McCullough allegedly threatened to “post everything.”
McCullough allegedly continued to coerce the victim and demanded images and videos of her engaged in sexual acts with other people. Jane Doe told McCullough she was considering killing herself. She told McCullough that she had taken half a bottle of her mother’s pills.
Jane Doe also engaged in a Kik conversation with another user, who was actually McCullough portraying himself as a 17-year-old boy. When Jane Doe told this false persona that she was being blackmailed, the affidavit says, he told her to continue meeting his demands.
The federal investigation began on Feb. 14, 2020, when a police detective in New Jersey contacted federal agents in Missouri. On May 7, 2020, law enforcement officers executed a search warrant at McCullough’s residence. They seized an external hard drive that was concealed beneath a basket under a bathroom sink in the basement. According to the affidavit, the hard drive contained dozens of Kik folders, which contained chats as well as images and videos of child pornography that were self-produced by the child victims. McCullough told officers he could not recall how many minors he had chatted with or how often he had done it, because he was engaging in the conduct so frequently.
The charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) Southwest Missouri Cyber Crimes Task Force, and the Florham Park Borough, New Jersey, Police Department.
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."Cheyenne Carjacking Suspects in Federal CustodyRead the Press Release
Two suspects have been arrested after a carjacking that occurred in Cheyenne on April 21, 2020. Both arrests were made in Cheyenne at a local residence. The suspects allegedly used force and threats with a weapon against a Cheyenne resident to steal the victim’s vehicle. This incident occurred in the late evening hours in the southwest area of Cheyenne. Both suspects have been charged by complaint in the U.S. District Court for Wyoming. The names of the suspects are not being released at this time pending presentation of the case to a federal grand jury later in May.
The victim reported encountering two males on the roadway while driving in southwest Cheyenne. After he stopped to offer assistance, one male pulled out a rifle and demanded the victim turn over control of the vehicle. The second suspect allegedly pointed a handgun at the victim and demanded he empty his pockets. The suspects then fled in the victim’s vehicle.
“Carjacking is a brazen and violent crime that is thankfully rare in our communities. I appreciate the efforts of the Cheyenne and Longmont, Colorado police departments and the FBI in responding and investigating these matters as we work to keep our neighborhoods safe,” said U.S. Attorney Mark Klaassen.
"Thanks to the combined efforts of our FBI task force and excellent relationships with local law enforcement partners, two individuals were recently apprehended on charges of carjacking and federal firearms offenses," said FBI Denver Special Agent in Charge Michael H. Schneider. "Joint investigations such as this help to ensure our communities and children are safe from harm's way."
Both suspects have been charged with carjacking, which carries the potential penalty of up to fifteen years imprisonment, and brandishing a firearm during and in relation to a crime of violence, which has a potential penalty of seven years to life imprisonment. Persons charged with a crime are presumed innocent until when and if they are found guilty. The case continues to be under investigation by the Cheyenne Police Department, F.B.I., the Boulder County Sheriff’s Office and Longmont Police Department in Colorado.
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. Former Attorney General Jeff Sessions 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.
Brownsville Men Charged with Smuggling Semi-Automatic Firearms to MexicoRead the Press Release
Two Brownsville men have been charged with smuggling guns from Texas to Mexico, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
A federal grand jury in Amarillo on Wednesday indicted Jose Celby Hernandez, a 30-year-old U.S. citizen, and Rene Rangel-Manjarrez, a 33-year-old legal permanent resident, on one count each of conspiracy to smuggle goods from the United States and one count each of smuggling goods from the United States.
According to the indictment, the defendants allegedly purchased multiple firearms – through private sales, from a federally licensed firearms dealer (FFL), and from an ATF undercover agent – for the purpose of exporting the guns to Mexico.
In order to avoid attracting undue suspicion, Mr. Hernandez allegedly recruited other individuals, including Mr. Rangel-Manjarrez, to purchase firearms on his behalf.
The straw purchasers, including Mr. Rangel-Manjarrez, allegedly lied on their ATF form 4473s, stating that they were the actual purchasers of the firearms, when they knew they intended to turn the guns over to Mr. Hernandez to be exported to Mexico.
Over a two month period, the pair allegedly purchased at least half a dozen .50 caliber Barrett rifles, a weapon of choice for International Firearms Trafficking Organizations. These firearms are highly sought after by organizations like the Gulf Cartel for their ability to penetrate armored vehicles, aircraft, concrete shelters, and bullet-resisting targets. Barrett rifles are capable of engaging targets at ranges of over one mile.
“These defendants subverted important gun laws and smuggled lethal weapons across our borders,” said U.S. Attorney Erin Nealy Cox. “This prosecution is a public safety win for communities in the United States and in Mexico.”
“Preventing and disrupting firearms trafficking is a Dallas Field Division priority,” stated ATF Special Agent in Charge Jeffrey C. Boshek II. “These arrests highlight the ATF and Department of Justice’s combined focus on combatting gun crime under Project Guardian.”
The defendants are considered innocent unless and until proven guilty in a court of law.
If convicted, they each face up to 10 years in federal prison.
The Bureau of Alcohol, Tobacco, Firearms, & Explosives’ Dallas Field Division, Homeland Security Investigations, the Irving Police Department and the Dallas Police Department conducted the investigation. Assistant U.S. Attorney Phelesa Guy is prosecuting the case.
The case was brought under Project Guardian, the Justice Department’s signature initiative to reduce gun violence using federal firearm laws.
Armed Career Criminal Sentenced to over 21 Years in Federal Prison for Being A Felon in Possession of A FirearmRead the Press Release
Fayetteville, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas, announced that Austin Wenger, age 26, of Fayetteville, Arkansas, was sentenced today to 262 months in federal prison followed by five years of supervised release for one count of being a Felon In Possession of a Firearm. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, on September 6, 2019, detectives with the Fayetteville Police Department were attempting to locate and arrest Wenger on a warrant related to a shooting he was involved in on September 5, 2019.
During the early morning hours on September 6, 2019, investigators received a tip that Wenger was located at a residence on North Club Drive in Fayetteville. At approximately 7:53 a.m. investigators, confirmed Wenger was inside the residence. Until approximately 3:40 p.m. on September 6, Wenger barricaded himself inside the residence and refused surrender to law enforcement. During this period, Wenger spoke with crisis negotiators who informed him that he was under arrest and directed him to release three children from inside the residence. Investigators spent hours attempting to negotiate with Wenger to release the children inside the residence, but were unsuccessful. Eventually the three children were released from a back window.
During the standoff, Wenger posted a live stream video on Facebook wherein he brandished a firearm, which he subsequently discharged on at least two occasions from inside the residence. One projectile from the gun nearly struck a uniformed police officer stationed outside the home.
During the standoff, Emergency Response Team members used multiple gas canisters and had to breach the door to force Wenger’s surrender, which eventually took place around 3:40 p.m. Subsequent to his arrest, a search warrant was executed and the firearm Wenger possessed and discharged was located. In addition, investigators located 6 spent shell casings of .40 caliber inside the residence.
Wenger has been previously convicted of multiple felonies in state court and is therefore prohibited from possessing firearms. Under federal law, Wenger is considered an Armed Career Criminal and subject to a mandatory minimum sentence of at least 15 years because he has three prior convictions for violent felony offenses.
Wenger was indicted by a federal grand jury in November of 2019, and entered a guilty plea in February of 2020.
This case was prosecuted as a part of the Department of Justice=s Project Safe Neighborhoods Initiative, which is aimed at reducing gun and gang violence, deterring illegal possession of firearms and improving the safety of residents in the Western District of Arkansas. Participants in the initiative include federal, state and local law enforcement agencies.
This case was investigated by the Fayetteville Police Department. Assistant United States Attorney David Harris prosecuted the case for the United States.
Thursday 7 May 2020
“SCO” Gang Member Sentenced to 10 Years’ ImprisonmentRead the Press Release
PITTSBURGH, PA - A former resident of Braddock, Pennsylvania, has been sentenced in federal court to 10 years imprisonment and eight years supervised release on his conviction of narcotics trafficking, United States Attorney Scott W. Brady announced today.
Senior United States District Judge Arthur J. Schwab imposed the sentence on James Wells, age 32.
According to information presented to the Court, the Greater Pittsburgh Safe Streets Task Force conducted a long-term investigation of drug trafficking occurring in and around the Braddock section of Pittsburgh. Wells and other individuals were identified as members or associates of a neighborhood based street gang, self-titled "SCO", which illegally distributed controlled substances in the Greater Pittsburgh Region.
In January of 2019, investigators obtained authorization to conduct a federal wire investigation, which continued through May of 2019. Wells, along with 32 others were indicted in June of 2019 by a federal grand jury in three separate, but related, Indictments.
As to Wells, the Court was informed that intercepted communications confirmed that he was conspiring with others to possess with intent to distribute and distribute heroin and cocaine base, commonly known as crack. Wells admitted, in conjunction with his guilty plea, that he is a higher level member of "SCO" and was responsible for distributing controlled substances to a number of regular customers and partnered with co-conspirator and SCO’s leader, Howard McFadden to conduct larger drug transactions.
On June 12, 2019, law enforcement arrested a majority of the defendants, however, Wells, after seeing law enforcement at his residence, fled the scene and remained a fugitive until July 3, 2019, when he was arrested in Monroeville, PA. Law enforcement executed a federal search warrant, on June 12, 2019, at Wells’ residence and seized, in addition to suspected controlled substances and other indicia of drug trafficking, a Glock 9mm firearm and ammunition, which Wells was prohibited from possessing based upon his prior criminal history.
Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.
United States Attorney Brady commended the multi-agency team, which was led by the Federal Bureau of Investigation, for the investigation leading to the successful prosecution of Wolford. Partners in this investigation included the Drug Enforcement Administration, Bureau of Alcohol Tobacco Firearms and Explosives, United States Marshals Fugitive Task Force, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pennsylvania State Police, Pennsylvania Attorney General’s Office Bureau of Narcotics, and the Pittsburgh Bureau of Police. Other assisting agencies included the Monroeville Police Department, Penn Hills Police Department, Wilkinsburg Police Department, and Allegheny County Adult Probation.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Vanderburgh County and City of Evansville receive COVID-19 funding from the Department of JusticeRead the Press Release
Evansville – U.S. Attorney Josh J. Minkler announced today that the City of Evansville received $218,478 and Vanderburgh County received $58,008 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The funds are to help public safety agencies respond to the challenges posed by the outbreak of COVID-19. The Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump, allowed eligible state, local and tribal governments to apply immediately for these critical funds.
The Bureau of Justice Assistance in the Justice Department’s Office of Justice Programs said the funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities.
“These local law enforcement officers and first responders have done an outstanding job keeping us all safe and upholding the rule of law during these challenging times.” said United States Attorney Josh J. Minkler. “The Vanderburgh County Sheriff’s Department and the Evansville Police Department deserve our notice and appreciation for their efforts. This grant is money well spent on those who continue to serve during this unprecedented time.”
Vanderburgh County Sheriff Dave Wedding stated, “Our Office is grateful to the Bureau of Justice Assistance for streamlining the grant application process in order to make this essential funding available for use quickly. The costs we incur due to COVID-19 continue to mount. This funding will be used to defray our equipment and overtime expenses as we combat the epidemic locally.”
“We’re grateful to U.S. Attorney Minkler and the Department of Justice for this grant,” said Evansville Mayor Lloyd Winnecke. “These funds will help us continue to invest in making our neighborhoods safe throughout the COVID-19 crisis.”
Evansville Police Chief Billy Bolin expressed his appreciation stating, “With additional funding to support the safety and welfare of our officers, this grant will ensure we can continue to serve the needs of the community throughout the COVID-19 crisis.”
For information about the Coronavirus Emergency Supplemental Funding program, please visit https://bja.ojp.gov/funding/opportunities/bja-2020-18553 .
If you receive any forms of suspicious communication related to the COVID-19 crisis, or become aware of family and friends that have received suspicious communications, don’t respond directly but instead report the activity to the Evansville Police Department, Vanderburgh County Sheriff’s Department, or the National Center for Disaster Fraud (NCDF) Hotline at 1-866-720-5721, or Justice.gov/DisasterComplaintForm
U.S. Postal Service Carrier Charged with Stealing Veterans Administration-Issued Prescriptions from MailRead the Press Release
TRENTON, N.J. – A U.S. Postal Service (USPS) carrier will make his initial appearance today on charges that he stole from the mail prescription drugs issued by the U.S. Department of Veterans Affairs (VA), U.S. Attorney Craig Carpenito announced.
Christopher F. Donohue, 60, of Leonardo, New Jersey, is charged by complaint with theft of mail containing prescription drugs. Donohue is expected to make his initial appearance by video conference before U.S. Magistrate Judge Zahid N. Quraishi in Trenton.
According to the complaint and statements made in court:
Donohue was employed as a mail carrier at the USPS Post Office in Belford, New Jersey. On March 2, 2020, Donohue stole an envelope containing prescription medication that was destined for delivery to a military veteran. This theft was consistent with a series of other mail packages containing prescription medication issued by the VA, which had gone missing from the Belford Post Office without reaching their intended recipients. On May 6, 2020, Donohue attempted to steal another package from the Belford Post Office, which law enforcement had outfitted with a prescription bottle and inert pills as part of the investigation. Donohue was arrested and law enforcement recovered the pill bottle and envelope from him incidental to his arrest.
The charge of theft of mail by postal employee carries a maximum penalty of up to five years in prison and up to a $250,000 fine.
U.S. Attorney Carpenito credited special agents of the U.S. Postal Service, Office of Inspector General, Eastern Area Field Office, under the direction of Special Agent-in-Charge Kenneth Cleevely; the Department of Veterans Affairs, Office of Inspector General, Northeast Field Office, under the direction of Special Agent in Charge Christopher F. Algieri; and the Middletown Township Police Department under the direction of Chief Craig Weber with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorney Michelle S. Gasparian of the U.S. Attorney’s Office’s Criminal Division in Trenton.
The charges and allegations in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
U.S. Department of Justice awards $6 million grant to New Mexico Department of Public Safety as part of Coronavirus Emergency Supplemental Funding ProgramRead the Press Release
ALBUQUERQUE, N.M. – The United States Department of Justice has awarded $6,059,069 to the New Mexico Department of Public Safety to prevent, prepare for and respond to the coronavirus across the state.
“The COVID-19 pandemic presents many urgent public safety challenges for New Mexico and its citizens,” said U.S. Attorney John C. Anderson. “I am thankful to the Office of Justice Programs for making these grant funds available to our state during these challenging times.”
“As the State Administering Agency we have been working diligently to reach out to all eligible agencies to apply for funding under this grant,” said Mark R. Shea, Secretary of the New Mexico Department of Public Safety. “We anticipate the review and approval of applications will be completed by the end of next week. We look forward to working closely with the Department of Justice and U.S. Attorney Anderson to efficiently distribute these funds to meet the critical needs of New Mexico agencies working to keep their communities safe during the COVID-19 pandemic.”
The Department of Justice’s Bureau of Justice Assistance awarded the grant on May 6. The funds are available for projects and initiatives involving law enforcement and medical personnel, including overtime, equipment, hiring, supplies, training, travel expenses, and addressing medical needs at prisons, jails, and other detention centers. The grant is part of the nationwide Coronavirus Emergency Supplemental Funding Program designed to assist states, local governments, and tribes in managing COVID-19 in their communities.
U.S. Attorney Bill Powell announces $37,272 award to address COVID-19 pandemic in ClarksburgRead the Press Release
CLARKSBURG, WEST VIRGINIA – U.S. Attorney Bill Powell of the Northern District of West Virginia today announced that the city of Clarksburg received $37,272 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The grant, awarded to the city of Clarksburg is available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. Those jurisdictions can find out if they are eligible and apply immediately by visiting this website. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.
“Clarksburg is just one of the many cities in our district that is working hard to keep residents safe and healthy during this pandemic. This funding will help with that good work,” said Powell.
“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”
The law gives jurisdictions considerable latitude in the use of these funds for dealing with COVID-19. Potential uses include hiring personnel, paying overtime, purchasing protective equipment, distributing resources to hard-hit areas and addressing inmates’ medical needs.
Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for the emergency funding. Local units of government and tribes will receive direct awards separately according to their jurisdictions’ allocations.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
Texas man admits role in nearly $5 million health care fraud schemeRead the Press Release
CORPUS CHRISTI, Texas – A 57-year-old Houston man has entered a guilty plea in Corpus Christi federal court for conspiring to commit health care fraud, announced U.S. Attorney Ryan Patrick.
Ravinder Syal admitted he engaged in a scheme that resulted in the false billing of $4,878,530.92 for services never provided to patients. From Feb. 1, 2018, until March 1, 2020, he acquired physicians’ practices throughout Texas and assumed control of their billing department. He then brought in a company located in India to bill false claims to Medicare, Medicaid and various insurance providers.
Syal would submit false claims for services that were never performed, for nutritional servicers that were never provided and even for office visits that occurred over holidays when the clinics were actually closed. He would also bill for services that could not even be performed at the clinics he acquired due to lack of equipment.
Syal altered the billing information and added these fraudulent services without the knowledge of the physicians at the respective practices.
As a result of his scheme, Medicare, Medicaid and various insurance providers were billed $4,878,530.92 for services never performed. Syal was overpaid $553,068.65 on the fraudulent claims.
Sentencing has been set for Aug. 10 before U.S. District Judge David S. Morales. At that time, Syal faces up to 10 years in federal prison and a possible $250,000 maximum fine.
Syal was permitted to remain on bond pending that hearing.
The FBI and the Texas Attorney General’s Medicaid Fraud Control Unit conducted the investigation. Assistant U.S. Attorney Jeremy C. Fugate is prosecuting the case.
Texas Men Sentenced to Prison for Fraud OffensesRead the Press Release
DES MOINES, IA – On May 7, 2020, United States District Senior Judge James E. Gritzner sentenced Tofyk Ali Oro, age 32, a former resident of Texas, to 30 months in prison for Access Device Fraud Conspiracy, announced United States Attorney Marc Krickbaum. On December 12, 2019, Senior Judge Gritzner sentenced Ali Oro’s co-defendants Jose Antonio Hernandez and Luis S. Boffill Figueredo, also former residents of Texas, for the same charge. Hernandez was sentenced to 30 months in prison and Boffill to six months in prison. Each defendant was ordered to serve multiple years of supervised release to follow the prison terms and pay restitution.
On or about October 28, 2017, Ali Oro and Hernandez traveled from Texas to the Des Moines area and agreed to fraudulently purchase store gift cards and other items from various retailers using credit/debit card account numbers they knew were stolen. Specifically, they unlawfully obtained account numbers that belonged to customers of Community State Bank and then encoded the stolen numbers on the magnetic strips of other plastic cards. From October 28 through November 3, 2017, they used the fraudulent “encoded” cards to complete $28,839.18 in sales transactions. On December 19, 2017, Ali Oro and Hernandez again traveled from Texas to Des Moines. This time they were joined by Boffill. The group then encoded stolen account numbers belonging to customers of Bankers Trust on the magnetic strips of other plastic cards. From December 19 through December 23, 2017, they used these fraudulent cards to complete $41,826 in sales transactions in the Des Moines area.
All three defendants were ordered to jointly and severally pay $41,826 in restitution to Bankers Trust. Ali Oro and Hernandez were also ordered to jointly and severally pay $28,839.18 in restitution to Community State Bank. Both banks covered the fraudulent charges made on their customers’ accounts.
This case was investigated by the Des Moines Police Department with computer analysis assistance by the Federal Bureau of Investigation. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Sulphur Springs Man Sentenced to over 12 Years in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas, announced that Donald Whitaker, age 35 of Sulphur Springs, AR was sentenced today to 150 months in federal prison followed by 5 years of supervised release on one count of Distribution of More Than 50 Grams of Actual Methamphetamine. The Honorable Judge Timothy L. Brooks presided over the sentencing hearing today in the United States District Court in Fayetteville.
According to court records in June of 2019, the Drug Enforcement Administration initiated an investigation into Whitaker for drug trafficking offenses in the Western District of Arkansas. On August 13, 2019, investigators conducted a controlled purchase of approximately three ounces of methamphetamine from Whitaker. The substance purchased from Whitaker was submitted to the DEA laboratory and tested positive for 92.7 grams of actual methamphetamine.
Whitaker was indicted by a federal grand jury in November of 2019, and entered a guilty plea in February of 2020.
This case was investigated by the Drug Enforcement Administration. Assistant United States Attorney Amy Driver prosecuted the case for the Western District of Arkansas.
Statement from Assistant Attorney General Stephen E. Boyd Expressing Support for Congressional Efforts to Expedite Payment of Public Safety Officer Benefits to First Responders Who Contract COVID-19Read the Press Release
Assistant Attorney General Stephen E. Boyd issued the following statement in support of efforts to streamline payments under the Public Safety Officer Benefit Program (PSOB) to public safety officers fatally injured while working during COVID-19:
“The Department of Justice is honored to review the more than 1,000 claims submitted to the PSOB Program each year on behalf of America's fallen and injured public safety heroes and their loved ones. With the recent outbreak of COVID‐19, America’s law enforcement officers, firefighters, and other first responders face a new health risk as they continue to selflessly serve their communities. The department supports congressional efforts to provide for expeditious resolution of claims for public safety officers who contract COVID-19 while working during this challenging time. The department has provided technical assistance on the Senate legislation and stands ready to continue to assist Congress in their efforts on behalf of these brave community heroes.”
Background:
The PSOB program provides death benefits to the eligible survivors of public safety officers who are fatally injured in the line of duty. Infectious diseases, viruses, and bacteria currently may be found to be an injury sustained in the line of duty. The program also provides disability benefits to public safety officers catastrophically injured in the line of duty, and education benefits to the eligible spouses and children of fallen and catastrophically injured officers.
As the PSOB Office receives claims based on COVID‐19 exposure, it will work closely with survivors, officers, and agencies. For questions regarding the PSOB Program or filing a claim, please visit PSOB’s online portal at www.psob.gov.
Statement from Attorney for the United States Mark E. Coyne on Supreme Court Ruling in Kelly v. United StatesRead the Press Release
“The Supreme Court’s decision speaks for itself, and we are bound by that decision. Beyond that, we have no comment.”
Springfield Man Charged with Producing Child Pornography, Sexually Abusing Three TeensRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Missouri, man has been charged in federal court with sexually assaulting three teenagers and recording the abuse on his cell phone.
William Shane Berg, 47, was charged in a criminal complaint filed in the U.S. District Court in Springfield on Wednesday, May 6, with one count of producing child pornography.
According to an affidavit filed in support of the federal criminal complaint, law enforcement officers confronted Berg on April 12 regarding allegations that he had been sexually assaulting three teenagers – ages 15, 17, and 19 – for several years. One of the child victims also told investigators that Berg gave him marijuana and acid to facilitate the sexual abuse.
Investigators found images of the sexual abuse on Berg’s cell phone and laptop computer, the affidavit says.
The charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the Southwest Missouri Cyber Crimes Task Force, the FBI and the Springfield, Mo., Police Department.
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."South Florida U.S. Attorney’s Office, FBI, and HSI Offer Tips on Protecting Children from On-Line Predators During Covid-19 PandemicRead the Press Release
Miami, Fl. – Top federal law enforcement officials in South Florida urge parents to stay alert to the increased danger their children face from on-line predators during the COVID-19 pandemic.
“A parent is a child’s best defense against on-line sex predators,” said Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida. “Now that our children are home and spending more time on the internet due to the health crisis, I encourage parents to engage in open and frank discussions with their children on who, and what, to avoid on-line.”
“With children spending more time on the internet, it is especially important that they do so safely,” said George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami. “Criminals and predators will try to develop a relationship with a young online victim, then arrange a meet to abuse the child or coerce a child into producing sexually explicit images through manipulations, gifts or threats, a crime called sextortion. Parents and guardians should set guidelines and monitor their children’s internet use and, of course, immediately report any inappropriate contact between an adult and your child to law enforcement.”
“Thousands of children right in South Florida are experiencing greater internet usage, as the COVID-19 pandemic has shifted traditional classroom settings to virtual instruction. Increased presence online means children are at an even greater risk of encountering cyber predators who know how to exploit their vulnerabilities,” said Anthony Salisbury, Special Agent in Charge, Homeland Security Investigations (HIS), Miami. “With families staying home, many children will spend even more time using social media, gaming platforms and other online applications than usual. Now is as good a time as any to ensure kids and parents are practicing online safety and know how to identify potential threats.”
To help parents navigate the increased threat during the pandemic that is keeping children indoors and on-line, U.S. Attorney Fajardo Orshan, FBI Special Agent in Charge Piro, and HSI Special Agent in Charge Salisbury recommend that parents do the following:
- Tell your children to avoid communicating with strangers online.
- Monitor your children’s chats, messages, and communications with people, particularly through gaming systems.
- Explain to your children that sometimes predators will offer them gifts in exchange for their taking and sending sexually explicit images or videos. Sometimes, the predators will make threats. Parents should explain to their children that these are strategies abusers use to get what they want, and if this happens, to not feel guilty and immediately tell a parent or other adult.
- To the extent possible, educate yourself about the internet tools your children use. For example, set up your child’s specific profile on phones, iPads, and computer devices to limit the websites and content your child can access, and have a weekly “usage” sheet sent to you for that profile. Make sure your children use privacy settings to restrict access to their online profiles.
- Check your children’s social media and gaming profiles and posts. Talk to your children about what is appropriate to say or share.
- Explain to your children that once images or comments post online, people can share them. Explain that everyone in the world can see what they publicly post on the internet and they can never completely erase posted images and comments.
- Encourage children to choose appropriate screen names and create strong passwords. Parents should be aware of all passwords and discourage children from keeping their passwords a secret.
- Make it a rule with your children that they cannot arrange to meet up with someone they have met online without your knowledge and supervision.
Child Exploitation is a serious federal crime, carrying severe federal penalties. If you suspect or become aware of possible sexual exploitation of a child, please contact law enforcement. To alert the South Florida FBI office, call 754-703-2000. To alert the South Florida HSI office, call 866-347-2423. The National Center for Missing and Exploited Children (NCMEC) also accepts complaints of child sexual exploitation at 1-800-843-5678.
The U.S. Attorney’s Office, FBI, and HSI have prosecuted many child exploitation cases in the Southern District of Florida. In December 2019, for example, a defendant received a 50-year prison sentence after a jury found him guilty of orchestrating a sextortion ring targeting children. The U.S. Attorney’s Office and FBI led the prosecution. For more information on this case, visit https://www.justice.gov/usao-sdfl/pr/man-convicted-trial-miami-orchestrating-snapchat-sextortion-ring-targeted-children.
In February of this year, a defendant received a 20-year prison sentence after pleading guilty to coercing a 15-year-old girl into taking sexually explicit photographs and videos of herself and sending them to his cellular telephone. The U.S. Attorney’s Office and HSI led this prosecution. For more information on this case, visit https://www.justice.gov/usao-sdfl/pr/loxahatchee-man-sentenced-20-years-federal-prison-production-child-pornography-and.
Shreveport Man Sentenced to Federal Prison for Possessing Stolen FirearmRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced today that Carnell Briggs, 21, appeared in court via video conference and was sentenced by U.S. District Judge Elizabeth E. Foote, to eight months in federal prison and three years of supervised release, for possessing a stolen firearm. Briggs pled guilty to this charge on December 19, 2019.
On May 1, 2019, Shreveport Police officers responded to a tip that known gang members were at a residence in Shreveport armed with firearms and using narcotics. Upon arrival, officers smelled a strong odor of marijuana coming from the apartment and encountered an individual exiting the apartment holding a camera. The individual told officers he was there to shoot a rap video. Briggs can be seen in the video recording holding a Glock Model 30 .45 caliber pistol with an extended magazine, a firearm that was previously reported stolen in 2016. During a search of the apartment, officers located the Glock Model 30 .45 caliber pistol that had an extended magazine inside the dishwasher. The pistol was loaded with 27 rounds of .45 ammunition. Briggs admitted he knew the firearm was stolen and that is the reason he hid it in the dishwasher when police arrived.
The FBI Northwest Louisiana Violent Crimes Task Force conducted the investigation. Assistant U.S. Attorney Brandon B. Brown prosecuted 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. PSN is 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. 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.
Saltville Man Who Lied About His Own Death Pleads Guilty to Series of Federal Charges Including Bankruptcy Fraud, Wire Fraud, Aggravated Identity FraudRead the Press Release
ABINGDON, Va. – A Saltville, Va., man, who lied about his own death in order to hide assets from the federal bankruptcy court and later fraudulently assumed the identity of an attorney from Florida to further the scheme, pleaded guilty yesterday in U.S. District Court in Abingdon to a series of crimes, United States Attorney Thomas T. Cullen announced.
“In an effort to game the bankruptcy system, Mr. Geyer devised a made-for-TV plot that ultimately collapsed under its own weight,” U.S. Attorney Cullen stated today. “The audacity of his fraud scheme not only shocks the conscience, but it offends the integrity of our judicial system.”
“Despite its complexity and shameless use of deceit, including against his own wife, Mr. Geyer’s scheme failed to account for the FBI’s and the US Attorney’s office’s commitment to protect both fraud victims and our judicial system.” Special Agent in Charge of the FBI’s Richmond Division David W. Archey said today. “Yesterday's guilty plea is a just and fitting end to Mr. Geyer’s audacious plan. We are grateful for the USAO’s efforts and assistance in this case.”
Yesterday in U.S. District Court, Russell Geyer, 50, pleaded guilty to one count of contempt of court, one count of bankruptcy fraud, one count of wire fraud, and one count of aggravated identity fraud. At sentencing, Geyer faces up to life in federal prison. He will be sentenced on August 6, 2020, at 2:30 p.m.
According to court documents, Geyer devised a scheme to defraud the United States Bankruptcy Court through a series of deceptive statements designed to hide assets and maintain control of collateral. These actions included, but were not limited to, repeatedly lying about fake medical conditions, including prostate cancer, bone cancer, cardiac issues, a brain aneurysm, and pneumonia.
On August 30, 2019, the attorney working for Geyer informed the court that he had received an email purportedly from Russell Geyer’s wife, stating that Russell was dead. In fact, Russell Geyer had sent the email posing as his wife.
At a September 5, 2019 hearing, Mrs. Geyer testified that her husband was alive and that neither she, nor Russell Geyer, had been out of town and in the hospital for the serious medical conditions claimed by the defendant throughout the case.
During the September 5, 2019 hearing, Russell Geyer’s attorney read into the record an email he received from an attorney in Florida indicating that the Florida attorney had sold some of the assets involved in the bankruptcy proceedings without the Geyers’ knowledge. The email further stated that he had complete control of Russell and told him to kill himself. The attorney concluded the email with “I am on a plane out of the country.”
The investigation determined that the Florida attorney whose name was used in the email actually exists but had nothing to do with this case. Instead, Russell Geyer used the Florida attorney’s name and a bogus email account to send these emails without the Florida attorney’s knowledge.
Further investigation revealed that Geyer had assumed the Florida attorney’s identity to fraudulently obtain $70,000 from his own wife. Geyer told his wife that he was going to receive more than $1 million in a settlement from a case that the Florida attorney was handling for him. Geyer said he needed money to pay the attorney’s fees before the money would be released. Geyer then used a bogus email address and an app that disguised his voice to pose as the Florida attorney and to confirm that a settlement was imminent. It was all untrue.
This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.
Sacramento Man Sentenced to over 4 Years in Prison for Dealing Firearms Without a LicenseRead the Press Release
SACRAMENTO, Calif. — Kenneth Bryant, 29, of Sacramento, was sentenced Thursday by U.S. District Judge Morrison C. England Jr. to four years and nine months in prison for dealing firearms without a license, U.S. Attorney McGregor W. Scott announced.
According to court documents, Bryant met with an undercover agent and a confidential source on 10 occasions between Sept. 12, 2017, and Dec. 8, 2017, and sold them a variety of firearms, including an AR-15-type rifle and pistol and various semi-automatic handguns. In all, Bryant sold investigators 30 firearms, and at least two lacked a serial number or other identifying markings. Bryant, a convicted felon, was not licensed to sell firearms.
This case was the product of an investigation by the by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, with special assistance from the Sacramento Police Department and the Sacramento County District Attorney’s Office’s Gangs, Hate Crimes, and Narcotics unit. Special Assistant U.S. Attorney Robert J. Artuz prosecuted 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. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
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 www.justice.gov/projectguardian.
Prior Sex Offender Charged with Receipt and 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 a federal grand jury has returned an indictment charging Jerry Stearns, 48, of Canandaigua, NY, with receipt and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, and a maximum penalty of 40 years.
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that according to the indictment and a previously filed complaint, the defendant was convicted in May 2004 on state charges of Attempted Criminal Sexual Act 1st Degree, for sexually assaulting a three year-old child and a six year-old child. In May 2005, Stearns was also convicted in Federal Court of possessing child pornography, and sentenced to serve 120 months in prison to be followed by 10 years of supervised release. A special condition of that supervised release required the defendant to provide advanced notification and obtain authorization to use any internet accessible device, as well as submit to monitoring of any such authorized device.
On May 13, 2019, the U.S. Probation Department informed investigators that Stearns had been viewing child pornography on a previously authorized and monitored device. The child pornography included sexually explicit images of prepubescent girls.
The indictment is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert, and the U.S. Probation Department, under the director of Chief Probation Officer Anthony SanGiacomo.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Pittsburgh Man Sentenced for Role in West End Drug Trafficking CaseRead the Press Release
PITTSBURGH - A resident of Pittsburgh, PA, has been sentenced in federal court to two years’ (24 months’) imprisonment on his conviction for conspiracy to distribute heroin, United States Attorney Scott W. Brady announced today.
Senior United States District Judge Arthur J. Schwab imposed the sentence on Delrico Clyburn, age 28, of Pittsburgh, PA.
According to information presented to the court, in 2017, the Federal Bureau of Investigation and the Drug Enforcement Administration initiated a wiretap investigation, primarily targeting the GBK street gang and drug trafficking in and around an area known as the Greenway Projects, located in the West End of the City of Pittsburgh. The wiretap investigation revealed that from in and around November 2017 through in and around June 2018, Delrico Clyburn and his co-conspirators conspired to distribute quantities of heroin.
Prior to imposing sentence, Senior Judge Schwab stated that the sentence was sufficient but not greater than necessary to achieve the goals of sentencing.
Assistant United States Attorneys Tonya Sulia Goodman and Yvonne M. Saadi prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation and the Drug Enforcement Administration along with the Pittsburgh Bureau of Police, Allegheny County Sheriff’s Office, Pennsylvania State Police, Robinson Township Police Department, Stowe Township Police Department, Pennsylvania Attorney General’s Office, Wilkinsburg Borough Police Department, and the McKees Rocks Police Department for the investigation leading to the successful prosecution of Clyburn.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Pennsylvania man sentenced for firearms violationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Charles Lynn, of Uniontown, Pennsylvania, was sentenced today to 115 months incarceration for a firearms charge, U.S. Attorney Bill Powell announced.
Lynn, age 41, pled guilty to one count of “Possession of Stolen Firearm” in February 2020. Flynn, a convicted felon, admitted to possessing a 12-gauge shotgun, a .308 caliber rifle, and a 7mm caliber rifle, all believed to be stolen, in October 2018 in Monongalia County.Assistant U.S. Attorney Sarah E. Wagner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Monongalia County Sheriff’s Office, and the Pennsylvania State Police investigated.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
U.S. District Judge Thomas S. Kleeh presided.
Pair Sentenced for Conspiring to Defraud the Food and Drug AdministrationRead the Press Release
Harrisonburg, Va. – A pair of former business partners who operated multiple websites selling drugs and other products to the bodybuilding community, were sentenced today in U.S. District Court in Harrisonburg on federal conspiracy charges. United States Attorney Thomas T. Cullen and Special Agent in Charge Mark S. McCormack of the Food and Drug Administration’s Office of Criminal Investigations Metro Washington Field Office, made the announcement today.
“Manufacturers and distributors of nutritional supplements must ensure that that their products do not contain FDA-restricted substances, and they must accurately label those products,” U.S. Attorney Cullen stated today. “We will continue to work closely with the FDA to investigate and prosecute individuals and entities who unlawfully market and dispense products that are essentially prescription drugs.”
“U.S. consumers should be able to trust that the dietary supplements they buy do not contain dangerous drug ingredients. When criminals disguise potent drugs as dietary supplements, they place consumers at risk,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations, Metro Washington Field Office. “We will continue to pursue and bring to justice those who peddle these dangerous products.”
Today in federal court, Spencer Gill, 31, of Rancho Palos Verdes, Calif. and Anthony Novak, 46, of Anaheim, Calif., were each sentenced to one-year of probation. In addition, the defendants were ordered to forfeit $130,000. Gill and Spencer both previously pleaded guilty to one count of conspiracy to defraud the United States Food and Drug Administration (FDA).
According to court documents, between March 2013 and April 2018, Gill and Novak conspired to operate multiple business entities and websites selling drugs and other products to the bodybuilding community as part of a scheme to defraud the FDA. Some of these drugs contained ingredients that were not approved by the FDA for human use and were to be dispensed only under the supervision of a practitioner licensed by law to administer them, meaning they were prescription drugs.
Gill and Novak caused many of the drugs they sold to be labeled “for research purposes only.” The defendants caused similar disclaimers to be posted on various websites with the knowledge such representations were false and fraudulent. Gill and Novak admitted to marketing and selling the drugs to customers who intended to, and did, consume the drugs and only claimed the drugs were for “research purposes only” to avoid regulatory oversight by the FDA.
The investigation of this case was conducted by the United States Food and Drug Administration. Assistant United States Attorney Jeb Terrien prosecuted the case for the United States.
Omaha Man Sentenced to Prison for Bank RobberyRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on May 6, 2020, Patrick Spagnotti, age 50, of Omaha, was sentenced by United States District Court Judge Rebecca Goodgame Ebinger for bank robbery. Spagnotti was sentenced to 36 months in prison to be followed by a three-year term of supervised release.
On April 5, 2019, Spagnotti handed a note to a teller at a US Bank in Council Bluffs that demanded money and the teller gave Spagnotti $4,335 in cash. Once Spagnotti left the bank, law enforcement attempted to stop and pull him over, but Spagnotti accelerated to speeds in excess of 100 mph. Law enforcement eventually executed a controlled stop of the vehicle and arrested Spagnotti. The cash was recovered by law enforcement.
This matter was investigated by the Council Bluffs Police Department, Iowa State Patrol, Federal Bureau of Investigation, and the Great Plains Violent Crimes Task Force. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Omaha Man Sentenced to 360 Months for Sexual Exploitation of ChildrenRead the Press Release
United States Attorney Joe Kelly announced that Timothy J. Kirsch, 36, was sentenced today in federal court in Omaha, Nebraska for Sexual Exploitation of Children. The Senior United States District Judge Laurie Smith Camp sentenced Kirsch to 360 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Kirsch will be on supervised release for life and will be required to register as a sex offender.
In December 2018, Homeland Security Investigations (HSI) in Omaha was contacted by the Florida Department of Law Enforcement after a minor female’s mother reported concerning text messages on her daughter’s cell phone. Federal agents executed a search warrant to seize and search Kirsch’s cell phone and located text message conversations with the minor female in Florida as well as a second minor female in Wisconsin. HSI was able to determine that Kirsch first started speaking to the minors in online chat rooms and then began conversing with them via text message. In the text message conversations, Kirsch sent explicit photographs and videos of himself and requested explicit photographs of the minors. Kirsch also attempted to arrange for the minors to travel to Nebraska to have sex with him.
In March 2002, Kirsch was convicted of Lascivious Acts with a Child in Page County, Iowa. Kirsch also has three convictions for failing to register as a sex offender and was on supervised release in December 2018 when the conduct in this case occurred.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by Florida Department of Law Enforcement and Homeland Security Investigations.
Oklahoma Man Sentenced to More Than 12 Years in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas, announced today that Eugene Blackwood, age 47, of Westville, Oklahoma, was sentenced to 146 months in federal prison followed by three years of supervised release on one count of Distribution of Methamphetamine. The Honorable Judge Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, in the fall of 2019, agents and taskforce officers with the Drug Enforcement Administration initiated an investigation into Blackwood concerning his drug distribution in Northwest Arkansas. Throughout the course of the investigation, investigators were able to conduct several controlled purchases of methamphetamine from Blackwood.
Blackwood was indicted by a federal grand jury in November of 2019, and entered a guilty plea in December of 2019.
This case was investigated by the Drug Enforcement Administration. Assistant United States Attorney Kim Harris prosecuted the case for the Western District of Arkansas.