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19 June 2020
Former City of Atlanta Commissioner of Watershed Management indicted for allegedly accepting bribes from contractor Jeff JafariRead the Press Release
ATLANTA – Former City of Atlanta Commissioner of the Department of Watershed Management Jo Ann Macrina has been charged with conspiratorial bribery, bribery, and tax evasion in connection with money and other items of value that she accepted from City of Atlanta and DeKalb County contractor Lohrasb “Jeff” Jafari. In March 2019, Jafari was charged in a 51 count indictment with conspiratorial bribery, bribery, tampering with a witness, tax evasion, money laundering, and structuring. Jafari was separately charged with one additional count of bribery and tampering with a witness in connection with bribes he paid to Macrina.
“Macrina allegedly decided that accepting bribes from Jafari was more important than following the rules established for contracting by the City of Atlanta – and thereby betrayed the public’s trust,” said U.S. Attorney Byung J. “BJay” Pak. “In exchange for those bribe payments, Macrina manipulated the evaluation process to direct work to Jafari’s firm.”
“Circumventing the process to hire contractors for the city by accepting bribes to profit personally is the highest form of public corruption,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “It is extremely disturbing when the person alleged to have accepted bribes is the head of a department. Our public corruption squad is determined to hold those serving the public in positions of trust accountable.”
Macrina undermined the process of fair and open competition when she accepted bribes from a contractor in exchange for money and other things of value," said James Dorsey, Special Agent in Charge, IRS Criminal Investigation. "In addition, Macrina failed to report bribes and income on her income tax returns. The IRS is committed to aggressively investigating those individuals who engage in corruption. These actions demonstrate our collective efforts to enforce the law and ensure public trust.”
According to U.S. Attorney Pak, the charges, and other information presented in court: From April 2011 through May 20, 2016, Macrina served as the Commissioner of the Department of Watershed Management for the City of Atlanta. PRAD Group, Inc. (“PRAD Group”) was an architectural, design, and construction management and services firm with its headquarters and primary place of business in Atlanta, Georgia. Jafari was the Executive Vice President of PRAD Group at that time. During Macrina’s tenure, the City of Atlanta awarded contracts worth millions of dollars to PRAD Group and joint venture projects of which PRAD Group was a partner.
From at least from 2014 through May 20, 2016, Macrina met with Jafari alone and with others, including Adam Smith, the former Chief Procurement Officer, to discuss City of Atlanta procurement projects, bids, and solicitations. Often at the time of these meetings, Jafari was allegedly actively seeking contracts, projects, and work with the City of Atlanta. In July 2014, the City of Atlanta issued a request for proposal for architectural, engineering, and design services contract FC-7383. Vendors subsequently submitted proposals to earn an opportunity to be one of the firms to service this contract. By late 2014, evaluators chosen from various City departments met on several occasions to score the proposals. JP2, a joint venture led by PRAD Group, scored at the bottom of the rankings. Macrina and others then decided to conduct interviews with the proponent firms and reevaluate the proposals in an effort to alter the final scores. To ensure that certain firms were ultimately selected, Macrina replaced two evaluators that previously represented the Department of Watershed Management with herself and another individual. In July 2015, JP2 was selected as one of six vendor firms for FC-7383. In January 2016, Macrina issued two notices to proceed to JP2 for work for the Department of Watershed Management. Task Order One was valued at over $9 million. Task Order Two was valued at over $2 million.
During this time, Macrina discussed potential employment with Jafari and allegedly accepted items of value from Jafari in exchange for or as a reward for providing Jafari with access to information and preferential treatment with respect to City of Atlanta projects. In particular, Macrina allegedly accepted $10,000 in cash, jewelry, a room at a luxury hotel in Dubai, and landscaping work at her home from Jafari either directly or through an employee of PRAD. On May 20, 2016, Macrina’s employment ended with the City of Atlanta. Shortly thereafter, she began working for Jafari and PRAD Group. Between June 2016 and September 2016, Jafari and/or PRAD Group paid Macrina $30,000 in four separate payments. She did not report any of these funds on her 2016 income tax return.
Also beginning at least in 2014 to January 2017, Jafari paid thousands of dollars in bribe payments to Adam Smith, the then-Chief Procurement Officer of the City of Atlanta. Jafari and Smith met at Atlanta-area restaurants where they discussed City business, among other things, and Jafari would generally pay Smith $1,000 in cash in the restaurant bathroom. Jafari similarly paid bribes to a local official in DeKalb County in April and August of 2014. In exchange for Jafari’s payments to Smith, Smith met with Jafari regularly and provided Jafari with information and counsel regarding the City of Atlanta’s procurement processes, among other information. When PRAD Group or a joint venture in which PRAD Group was a partner became a successful proponent on a City of Atlanta contract or Request for Proposal, Smith approved and submitted the award of those projects. Smith also approved task and/or purchase orders for those projects.
In February 2017, Jafari became aware of the Federal investigation into his payments to Smith, at which time he confronted Smith in an effort to intimidate and persuade Smith to provide false information to federal law enforcement about the payments, instructing Smith to deny taking bribe money from Jafari. Similarly, following the execution of a federal search warrant at PRAD’s offices in 2017, Jafari instructed a PRAD employee to lie to the FBI about gifts that she purchased for Macrina on Jafari’s instructions while she and Macrina were traveling abroad in the spring of 2016.
Between 2014 through 2016, Jafari also willfully failed to pay income taxes to the IRS. During those years, Jafari withdrew large amounts of cash from corporate bank accounts and allegedly used corporate funds for personal expenses, among other things, to avoid the assessment of income tax. In 2014, Jafari owed at least $150,000; in 2015, at least $300,000; and in 2017, at least $700,000 to the IRS. Jafari is additionally charged with numerous counts of money laundering for engaging in financial transactions with funds earned from City of Atlanta work he obtained while he was paying bribes to Adam Smith and Jo Ann Macrina.
On February 26, 2019, a grand jury returned an indictment against Jafari, 69, of Alpharetta, Georgia, on 51 federal charges, including conspiratorial bribery, bribery, tampering with a witness, tax evasion, money laundering, and structuring. On June 16, 2020, a grand jury again indicted him on these 51 charges in addition to two new charges relating to payments to Macrina. On June 16, 2020, the grand jury also returned an indictment against Macrina, 63, of Daytona Beach, Florida, on one count each of conspiratorial bribery, bribery, and tax evasion.
Members of the public are reminded that the indictments only contains charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
The Federal Bureau of Investigation and Internal Revenue Service Criminal Investigation are investigating these cases.
Assistant U.S. Attorneys Jill E. Steinberg, Deputy Chief of the Criminal Division, Jeffrey W. Davis, Chief of the Public Integrity Section, and Nathan P. Kitchens, Deputy Chief of the Cyber and Intellectual Property Section, are prosecuting the case.
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.
Fayetteville Probationer Sentenced to 41 Months for Possession of a FirearmRead the Press Release
RALEIGH, N.C. – A Fayetteville man was sentenced today to 41 months in prison for unlawfully possessing a firearm.
According to court documents, on June 26, 2019, North Carolina Probation Officers, supported by the Bureau of Tobacco, Alcohol, Firearms, and Explosives Agents, conducted a probation search at Johnathan Muhammed Martinez’s residence, as part of a larger probation operation known as Operation Zero Hour II. In Martinez’s closet, authorities found a Mossberg Shotgun with a pistol grip. Martinez was serving a 24-month state probationary sentence for a Felony Hit and Run conviction after a drug deal went awry.
Despite numerous attempts by Martinez to have others claim the firearm, both during arrest and while in custody, Martinez pled guilty to his Indictment on March 11, 2020. Noting Martinez’s obstructive behavior and numerous violations of the trust placed in him by previous courts, U.S. District Judge James C. Dever, III sentenced Martinez to the top of the advisory sentencing guideline range. The Court deemed this sentence appropriate to promote respect for the law and deter others from committing similar crimes.
This case is part of the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For more information about this initiative click here: https://www.justice.gov/usao-ednc/tbnc.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Bureau of Alcohol, Tobacco, Firearms, and Explosives, in support of North Carolina Probation and Parole authorities, investigated the case and Assistant U.S. Attorney J.D. Koesters prosecuted the case.
A copy of this press release is located on our website. Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-CR-00461-D.
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.
Doctor Sentenced to Prison for Illegal Distribution of Adderall, OxycodoneRead the Press Release
ALEXANDRIA, Va. – A Fairfax medical doctor was sentenced today to 10 years in prison and fined $30,000 for illegally diverting Adderall and oxycodone to six different patients, including a patient who suffered from opioid addiction and later died of a drug overdose.
“Doctors represent one of the key first lines of defense in thwarting the opioid crisis,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Though armed with a license to practice medicine, Dr. Gurpreet Singh Bajwa discarded his fundamental oath—first, do no harm— by engaging in criminal conduct and in doing so exposing his patients to potentially grave consequences in the process. Dr. Bajwa defines what we commonly refer to as a “dirty doc,” and his prosecution and sentence should send a very clear message to any other medical practitioners contemplating risking patient lives out of greed that you will face swift and certain consequences for your nefarious, unethical, and criminal conduct.”
As part of his sentence, Bajwa will be prohibited from practicing medicine for three years after he is released from prison. The doctor had previously surrendered his medical license in May 2019.
"Physicians who put their own greed above the health and safety of their patients only inflame the ongoing opioid epidemic," said James A. Dawson, Special Agent in Charge of the FBI Washington Field Office's Criminal Division. "The FBI and our partners will continue to combat the illegal actions of trusted medical professionals who over-prescribe these highly addictive drugs to the detriment of their patients."
According to court documents, Dr. Bajwa, 49, temporarily lost his medical license in 2012 following an investigation by the Virginia Department of Health Professions (DHP) into his prescription practices. After his license was reinstated, he significantly reduced the quantity of pain medications he prescribed, and switched over to stimulants, benzodiazepines, and sedatives.
Generally, at no point during any of his patients’ visits did Bajwa or any of his staff receive, review, or request prior medical files; obtain medical histories; conduct physical examinations; discuss the cause of any attention disorder or what might properly address such a condition; discuss any alternatives to treatment; or obtain and analyze urine samples to ensure his patients were taking their medications as directed.
Beginning in summer 2018, two undercover law enforcement officers posed as patients and made appointments to see Bajwa. At each visit, Bajwa prescribed the undercover officers a 30 day supply of Adderall—despite the undercover officers showing up to two weeks prior to the end of the previous 30 day period. One of the officers told Bajwa that she was a fitness model and needed Adderall for her workouts, which is not a legitimate use for the substance. The undercover officer also asked Bajwa to prescribe her extra pills that she could give to a “friend” and he readily agreed.
One of the patients to whom Bajwa prescribed significant quantities of prescription drugs had a history of high blood pressure, among other health conditions. Nevertheless, Bajwa wrote her monthly prescriptions for the maximum dose of Adderall, a schedule II stimulant.
In 2016, the CDC and the FDA issued warnings cautioning against prescribing opioids and benzodiazepines (including Xanax) together because of the increased risk of fatal overdose. Nevertheless, on multiple occasions, Bajwa wrote prescriptions to patients for both oxycodone—a powerful Schedule II opioid—and Xanax.
One of Bajwa’s patients, N.J., suffered from heroin addiction. N.J.’s mother told Bajwa two or three times that N.J. was abusing drugs, and yet Bajwa continued to prescribe controlled substances to N.J. In November 2017, Bajwa prescribed both oxycodone and Xanax to N.J., despite knowing of N.J.’s drug addiction, and despite the increased danger of combining the two medications. In January 2018, N.J. was dismissed from a rehabilitation program after he was caught abusing drugs Bajwa prescribed him. N.J. died of a drug overdose a short time later.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Knuckle Ball. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; James A. Dawson, Special Agent in Charge, Criminal Division, FBI Washington Field Office; and Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, made the announcement after sentencing by U.S. District Judge Leonie M. Brinkema. Assistant U.S. Attorney Katherine E. Rumbaugh prosecuted 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. 1:20-cr-60.
Department of Justice announces launch of civil rights reporting websiteRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today the launch of the Civil Rights Reporting Portal for the Department of Justice. This new online tool will make it easier for the public to report a civil rights violation.
“Our office recently asked anyone who has witnessed or experienced harassment or discrimination as a result of the COVID-19 pandemic to report such allegations to the Civil Rights Coordinator in my office, or to the Department of Justice Civil Rights Division.” said Minkler. “Even though reports can still be received in this manner, I encourage the public to utilize the user-friendly Civil Rights Portal to report any civil rights violations.”
The new Civil Rights Reporting Portal – located at civilrights.justice.gov - will consolidate over 30 unique reporting pathways. The portal will dramatically ease the burden on victims of civil rights violations to identify the proper reporting channel. The form is fully accessible to people with disabilities. It is also available in both English and Spanish, with more languages to be added over the next year.
Individuals who believe they may have been a victim of a civil rights violation can learn how to report violations to the Department by visiting civilrights.justice.gov
When appropriate, the Civil Rights Division staff will refer complainants to other agencies that are responsible for handling specific types of complaints.
Remember that besides the new portal, individuals who believe they are a victim of a civil rights violation can still call the U.S. Attorney’s Office Civil Rights Coordinator, Jeffrey D. Preston, at 317-226-6333, or the Department of Justice Civil Rights Division in Washington D.C. at 855-856-1247 (toll free) or 202-514-3827. Individuals who believe they are the victim of a criminal violation of their civil rights, such as misconduct by law enforcement officers, a hate crime, or human trafficking, should contact their local FBI office.
Denver CPA Sentenced for Conspiracy to Defraud Xcel Energy and the IRSRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Stephen Yobst, age 64, of Denver, Colorado was sentenced by U.S. District Court Judge R. Brooke Jackson to serve 27 months in federal prison followed by 3 years of supervised release for wire fraud, conspiracy to defraud the United States, filing false tax returns and theft of government funds. Yobst was also ordered to pay restitution totaling $1,167,273.42, with $806,216 going to Xcel Energy and $361,057.42 going to the Internal Revenue Service.
According to the information and plea agreement, in 2005, Yobst was employed by Xcel Energy with the title of “Category Manager, Sourcing and Purchasing”. Yobst’s co-conspirator, James Brittain, incorporated a company called Pacific Exchange Group, Inc. (PEG) in Colorado in March 2005. On March 18, 2005, Yobst opened a Vectra Bank account representing himself as the “President” of PEG. Brittain was added as an authorized signatory in November 2005. In December 2006, PEG entered into a Master Exchange Agreement (MEA) contract with Xcel designed to allow Xcel to postpone paying taxes on gains from the sale of certain assets if the sales were reinvested in similar property as permitted by the Internal Revenue Code.
Yobst participated in the MEA contract negotiations as an officer on behalf of Xcel while Brittain represented PEG. As part of the agreement, Xcel would deposit the proceeds from disposing Xcel’s transformers and fleet vehicles and hold the funds until directed by Xcel to distribute them for the purchase of replacement assets. Xcel agreed to pay PEG 5% commission on the sale price for vehicles and a 12% commission for transformers. Additionally, with Xcel’s prior approval, PEG could be reimbursed for out-of-pocket expenses for “professional legal and tax services and other expenses”.
Beginning in 2005 and continuing through approximately May 14, 2015, Yobst and Brittain worked together to divert, use and convert funds for their own personal benefit without Xcel’s authorization. The diversion of funds included withdrawals from the PEG account to a Scottrade Account for $400,000, which were used by Yobst and Brittain to conduct stock transactions and other investment activities; $363,966 in payments to American Express for Yobst’s personal expenditures; and Yobst wiring $42,250 to an automotive dealer to purchase a 2011 Honda Pilot.
Yobst and Brittain purposely concealed Yobst’s involvement in PEG and failed to provide Xcel with a detailed accounting of the exchange funds deposited or copies of PEG’s Vectra Bank account statements. Xcel filed a civil suit in September 2014 seeking an accounting of all exchange funds in the PEG bank account and the return of unspent funds. Brittain and Yobst provided false and misleading information in connection with the litigation.
Additionally, between March 2011 and October 2014, acting as PEG’s accountant, Yobst transferred $10,500 monthly from the PEG bank account to an account Yobst personally controlled. Yobst mischaracterized the transfers as “ACH Offsets” to an entity labelled “Havfund” when in fact they were personal income payments from PEG to Yobst. Also, during this time, Yobst used a PEG American Express credit card for personal expenditures, including golf supplies, leisure travel, cigars, and other items. Finally, in 2015, Yobst obtained accumulated disbursements totaling $1,324,644. Yobst filed personal federal income tax returns which did not reflect the PEG income or taxes due for these disbursements.
“The defendant not only created and operated a complex scheme to steal from his employer, he stole from all of us as taxpayers,” said U.S. Attorney Jason Dunn. “Thanks to the great work of IRS - Criminal Investigation, the FBI, and the team in my office, he’s going to have time in a federal prison to think about his conduct.”
“IRS Criminal Investigation’s primary focus is the nation’s tax laws, however schemes like this not only involve our primary mission but also allows us to focus our abilities to unravel complex financial schemes,” said Andy Tsui, Special Agent in Charge, IRS CI Denver Field Office. “Our agents are uniquely qualified to follow the money in cases such as this because the victims are not only the taxpayers, but also individuals and entities who suffer the financial harm.”
“Today's sentencing of Stephen Yobst illustrates the FBI's commitment to identify and arrest anyone who participates in defrauding corporate and government institutions,” said FBI Denver Special Agent in Charge Michael Schneider. “Yobst’s sentencing comes as a result of the dedicated and tireless efforts of agents, analysts, and prosecutors committed to holding those accountable who deliberately compromise the integrity of their position for personal gain.”
Brittain was sentenced on June 21, 2019, to serve 12 months and 1 day in prison followed by 3 years of supervised release for wire fraud, aiding and abetting, and conspiracy to defraud the United States. Brittain was also ordered to pay restitution to Great American Insurance Company in the amount of $806,216 and to the Internal Revenue Service in the amount of $215,094.
Yobst pled guilty on September 3, 2019 to an information filed on June 26, 2019. He was sentenced on June 15, 2020.
This case was investigated by Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Tim Neff.
Dallas Doctor Pleads Guilty to Prescription Drug Diversion Scheme on ElderlyRead the Press Release
A Dallas doctor has pleaded guilty to a felony for prescription drug diversion crimes perpetrated on elderly victims, announced U.S. Attorney Erin Nealy Cox.
Dr. Edward Agura, 63 pleaded guilty before U.S. Magistrate Judge Renee H. Toliver on Tuesday for possession of a controlled substance by misrepresentation or fraud.
“Elder abuse by anyone, particularly by health professionals, is deeply disturbing,” said U.S. Attorney Erin Nealy Cox. “Those who exploit the elderly and perpetrate crimes on our seniors will be held accountable for their criminal actions. Importantly, the Department of Justice recently observed World Elder Abuse Awareness Day and we reconfirmed our commitment to rooting out fraud that preys on the elderly.”
“Using one’s trusted status as a medical professional for unlawful acts cannot go unpunished,” stated Eduardo A. Chavez, Special Agent in Charge of the D.E.A. Dallas Field Division. “The Dallas D.E.A. will always seek justice against those who take advantage of unsuspecting individuals, especially the elderly, to fuel their drug addiction through fraudulent means.”
Beginning in May 2016, Dr. Agura admitted to issuing prescriptions in the names of elderly victims without their knowledge or consent. The controlled substances were for his own personal use.
According to court documents, Dr. Agura issued fraudulent prescriptions for Hydrocodone, Fentanyl, Oxycodone, Alprazolam, Triazolam, and Lorazepam were dispensed to himself at Dallas area pharmacies under the guise he was obtaining them for elderly patients.
To further perpetuate the fraud, Dr. Agura admitted to creating phony medical records in the names of the elderly victims. While Dr. Agura did personally know each victim, the victims were not patients and had not sought medical treatment for the prescriptions that he issued in their name. Dr. Agura admitted obtaining the unlawful prescriptions to utilize for his personal consumption.
Dr. Agura faces up to four years in federal prison for the felony conviction. A sentencing date has been set for October 8th.
This case was investigated by the Drug Enforcement Administration, Dallas Division. Assistant U.S. Attorney Donna Strittmatter Max is prosecuting the case.
DOJ Files Lawsuit Against Stafford County over Blocking of Islamic CemeteryRead the Press Release
ALEXANDRIA, Va. – The Justice Department today announced that it has filed a lawsuit alleging that Stafford County violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by enacting overly restrictive zoning regulations prohibiting an Islamic organization from developing a religious cemetery on land it had purchased for that purpose.
“Honoring and burying the dead is a sacred religious act for many faith traditions,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “The complaint that was filed in this case demonstrates this office’s commitment to ensuring that those of all faiths are not substantially burdened by improper local government actions in practicing their religious rituals.”
The complaint, filed in the Eastern District of Virginia, alleges that the County passed an ordinance in 2016 that blocked the All Muslim Association of America from developing an Islamic cemetery on a 29-acre parcel of land that it owns. When the Association bought the property, it complied with all of the state and local requirements for use as a cemetery. But after learning of the Association’s plans, the County amended its ordinance to require that cemeteries be no closer than 900 feet from private wells and certain types of streams, thus preventing the Association from using its property as a cemetery. The United States’ complaint alleges that this requirement is far more restrictive than the Virginia Department of Health’s 100-foot distancing standard, has no legitimate health justification, imposes a substantial burden on the Association’s religious exercise, and is not narrowly tailored to achieve a compelling governmental interest.
“The United States of America must and will remain a nation committed to the right of all people to practice their faith free from unjustified governmental restrictions. Indeed, this nation exists to provide sanctuary to people seeking the religious freedom that is too often denied in other parts of the world, and the Department of Justice is committed to protecting the fundamental right of people of all faiths to practice their religion free from illegal governmental interference,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “That right protects the freedom of faith communities to use their land for religious purposes, including for cemeteries, houses of worship, and religious schools.”
The complaint seeks injunctive relief, including a court order that the County allow the Association to build its cemetery in conformity with the prior ordinance.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship.
In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together Department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.
Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Colorado Tax Evader Pleads Guilty to Fleeing to Avoid Serving Five Year Prison SentenceRead the Press Release
A Colorado tax defier pleaded guilty yesterday to failing to surrender to serve his prison sentence for tax evasion and illegal possession of a firearm, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
Birk was convicted by a jury in July 2019 of tax evasion. According to court documents and evidence presented at trial, Birk founded a sole proprietorship, Tarryall River Log Homes LLC, which sold and built log homes. Although the company was profitable, Birk did not voluntarily pay federal taxes on its income. When the Internal Revenue Service (IRS) began collection efforts, Birk hired a tax firm to prepare eight years’ worth of delinquent tax returns, but concealed from the firm $400,000 of retirement distributions. Even after filing returns, Birk still did not pay what the returns acknowledged he owed in taxes. Instead, he sent the IRS threatening correspondence and sought to impede its efforts to seize money from his bank accounts. He did not file returns or make any tax payments for 2006 through 2018.
Based on this conduct, on Oct. 30, 2019, U.S. District Judge Robert E. Blackburn sentenced Birk to 60 months in prison, to serve three years of supervised release, and to pay restitution to the IRS in the amount of $1,858,826.
According to court documents and statements made in court, Birk was ordered to report to prison in November 2019 to serve his sentence. Instead, he fled Colorado with a fully automatic assault rifle, two pistols, over a dozen loaded magazines, hundreds of additional rounds of ammunition, ballistic helmets, ballistic vests, and gas masks. Birk remained a fugitive until he was caught and arrested in Florida in January 2020 and has been in custody ever since.
Judge Blackburn scheduled sentencing for Sept. 10, 2020. At sentencing, Birk faces a maximum sentence of five years’ imprisonment for his failure to appear, and ten years’ imprisonment for possession of a firearm after being convicted of a felony, in addition to the 60 month term of imprisonment previously imposed.
Principal Deputy Assistant Attorney General Zuckerman commended the IRS special agents and U.S. Marshals Service who conducted the investigation, as well as Department of Justice Trial Attorneys Elizabeth C. Hadden and Christopher Magnani, who are prosecuting the case.
Colorado Couple Charged with Theft of Mail Containing Tax Return and Stimulus ChecksRead the Press Release
LITTLE ROCK— A man and woman from Colorado have been charged with possession of a stolen postal key and theft of mail, some of which contained a tax return check and a federal stimulus check intended for financial relief during the Covid-19 pandemic. David Alan Gilmore, 31, and Kathleen Lucille Johnson, 40, appeared for arraignment in federal court today before United States Magistrate Judge Jerome T. Kearney.
A complaint filed late Thursday alleges that on June 17, 2020, the Arkansas Highway Police in Conway initiated a traffic stop on a car that was displaying a stolen Colorado license plate. During the traffic stop, with assistance from Conway Police, officers located several bags full of mail, none of which was addressed to either Gilmore or Johnson. That mail contained six personal checks, one tax refund check, and one stimulus check.
In addition to the stolen mail, officers found 13 credit and debit cards in the vehicle, none of which were in the name of either Gilmore or Johnson. Officers also found a United States Postal Service key, which is used by postal carriers to open collection boxes, apartment delivery boxes, and neighborhood delivery collection box units.
The penalty for possessing a stolen postal key is not more than 10 years imprisonment, and the penalty for theft of mail is not more than 5 years imprisonment. Both crimes carry a fine of up to $250,000 and not more than three years of supervised release. The investigation is being conducted by the United States Postal Inspection Service.
An indictment only contains allegations. A defendant is presumed innocent unless and until proven guilty.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at
https://www.justice.gov/edar
Twitter:
@EDARNEWS
Clarksville Man Sentenced to Five Years in Prison for Meth He Attempted to BurnRead the Press Release
A man who attempted to destroy methamphetamine by burning it was sentenced June 18, 2020, to five years in federal prison.
Drew Johnson, age 38, from Clarksville, Iowa, received the prison term after a January 8, 2020 guilty plea to aiding and abetting the possession with intent to distribute a controlled substance.
In a plea agreement, Johnson admitted that in February 2019 he was in possession of methamphetamine when officers arrived at his home to search it. Johnson, who was outside at the time, admitted running in to the house and throwing the methamphetamine in a wood burning stove and then fighting with officers. Johnson has an extensive criminal history, including two prior convictions for domestic assault and multiple theft convictions.
Johnson was sentenced in Sioux City, Iowa by United States District Court Chief Judge Leonard T. Strand. Johnson was sentenced to 60 months’ imprisonment. He must also serve a four-year term of supervised release after the prison term. There is no parole in the federal system.
Johnson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Clarksville Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-cr-3032.
Follow us on Twitter @USAO_NDIA.
Cedar Grove Man Sentenced to Federal Prison for Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – A Cedar Grove man was sentenced to prison for a federal child pornography crime, announced United States Attorney Mike Stuart. Benjamin Franklin Thomas, 32, was sentenced to 60 months in prison for possession of child pornography. He also is required to register as a sex offender and to complete 15 years of federal supervised release. The federal prison sentence will run consecutive to a three to 30-year state sentence that Thomas currently is serving for breaking and entering into Cedar Grove Elementary School and Ward Church of God.
“Reprehensible,” said United States Attorney Mike Stuart. “Child porn is a disgusting offense that, sadly, is a frequent crime prosecuted by my office. My highest priority is protecting our kids. These crimes are some of the most troubling crimes committed in society. I commend the very important work done by the law enforcement agencies that investigate these crimes.”
Thomas previously admitted that he used his smartphone to search for images of child pornography on the internet, download the images, and save them to his Google Photos while residing in Cedar Grove in Kanawha County. Images possessed by Thomas in his collection of child pornography included prepubescent minors and images depicting sadistic or masochistic conduct and sexual exploitation of very young children.
The South Charleston Police Department, the Cedar Grove Police Department, the United States Secret Service and the West Virginia State Police Internet Crimes Against Children Task Force conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Kristin F. Scott handled the prosecution.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Buffalo Man Accused of Selling Drugs That Led to A Fatal and Two Non-Fatal OverdosesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 14-count superseding indictment charging Kalijah Long, 36, of Buffalo, NY, with possession with intent to distribute, and distribution of, a controlled substance causing death and causing serious bodily injury, possession with intent to distribute, and distribution of, fentanyl and cocaine, possession with intent to distribute crack cocaine and fentanyl, maintaining a drug involved premises, possession of a firearm in furtherance of drug trafficking, and being a felon in possession of a firearm and ammunition. The charges carry a maximum penalty of life in prison.
Assistant U.S. Attorneys Jeremiah E. Lenihan and Michael J. Adler, who are handling the case, stated that according to the superseding indictment, between August 1 and September 19, 2019, the Drug Enforcement Administration conducted six controlled purchases of fentanyl and cocaine from the defendant. During the course of the investigation, the DEA learned that Long distributed fentanyl to an individual identified as D.H. that led to his death. It is also alleged that the defendant distributed narcotics that led to the non-fatal overdoses of individuals identified as R.M. and G.A.
In late September 2019, investigators executed a search warrant at Long’s residence and his vehicle. Inside his residence, they recovered narcotics paraphernalia and ammunition, including .380 caliber ammunition. Inside the defendant’s vehicle, investigators recovered a loaded .380 caliber handgun along with a bag containing 17.5 grams of fentanyl and 9.2 grams of crack cocaine.
The superseding indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Town of Tonawanda Police Department, under the direction of Chief James P. Stauffiger; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the West Seneca Police Department, under the direction of Chief Daniel Denz.
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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Attorney General William P. Barr on the Nomination of Jay Clayton to Serve as U.S. Attorney for the Southern District of New YorkRead the Press Release
Attorney General William P. Barr has released the following statement:
“I am pleased to announce that President Trump intends to nominate Jay Clayton, currently the Chairman of the Securities and Exchange Commission, to serve as the next United States Attorney for the Southern District of New York. For the past three years, Jay has been an extraordinarily successful SEC Chairman, overseeing efforts to modernize regulation of the capital markets, protect Main Street investors, enhance American competitiveness, and address challenges ranging from cybersecurity issues to the COVID-19 pandemic. His management experience and expertise in financial regulation give him an ideal background to lead the United States Attorney’s Office for the Southern District of New York, and he will be a worthy successor to the many historic figures who have held that post. On behalf of the President, I thank Jay for accepting this nomination, and I look forward to working with him soon.
On my recommendation, the President has appointed Craig Carpenito, currently the United States Attorney for the District of New Jersey, to serve as the Acting United States Attorney for the Southern District of New York, while the Senate is considering Jay Clayton’s nomination. This appointment will be effective July 3, and Craig will work closely with the outgoing United States Attorney to ensure a smooth transition. I thank Craig for his continued service and for taking on this important interim responsibility.
Finally, I thank Geoffrey Berman, who is stepping down after two-and-a-half years of service as United States Attorney for the Southern District of New York. With tenacity and savvy, Geoff has done an excellent job leading one of our nation’s most significant U.S. Attorney’s Offices, achieving many successes on consequential civil and criminal matters. I appreciate his service to the Department of Justice and our nation, and I wish him well in the future.”
Arcadia Woman Arrested on Complaint Alleging She Swindled Investors of Coachella Hotel Complex Out of More Than $20 MillionRead the Press Release
LOS ANGELES – A San Gabriel Valley woman was arrested this morning on a criminal complaint alleging she fraudulently solicited $21.6 million in funds for a condominium and hotel complex in the Coachella Valley, then spent a significant portion of her victims’ money on her own lavish living expenses, including luxury cars, travel, and designer clothing.
Ruixue “Serena” Shi, 36, of Arcadia, was taken into custody by special agents of the FBI. She has been charged with one count of wire fraud and is expected to make her initial appearance this afternoon in United States District Court.
According to an affidavit filed with the complaint filed Wednesday and unsealed today, between November 2015 and July 2018, Shi solicited investments for the Hyde Resorts and Residences Coachella Valley. Hyde Resorts was to be a 207-unit luxury condominium and hotel complex that was supposed to have a total of 95,000 square feet of on-site conference facilities, a pool, spa, fitness center and other amenities.
Shi was the president and owner of Global House Buyer (GHB), a China-based real estate development company, and also was CEO of the Beverly Hills-based company Hyde Morgan Development, LLC, the affidavit states. The Hyde complex was to be developed by GHB while Hyde Morgan solicited investments.
Shi contacted prospective investors in the Hyde complex – who mostly were based in China – through sales presentations she gave at hotels, radio advertisements, and through the solicitation of investments over forums on WeChat, a Chinese messaging, social media, and mobile payment application, according to the affidavit.
Among the false representations Shi allegedly made to her victims to induce them to invest was that the Hyde development was scheduled to begin construction in 2017. Investors were told they would be purchasing condos ranging in price from $400,000 to $700,000, according to the affidavit. Investors were required to pay 40 percent of the total purchase price upfront as a down payment, but Shi promised that GHB would help them finance the remaining balance with loans from U.S.-based banks when the project was completed.
Chinese investors in the Hyde project were falsely told that their investments with Shi would enable them to obtain visas through the EB-5 Immigrant Investor Program, the affidavit states. EB-5 is a federal program that allows foreign investors to secure a U.S. visa by investing a large sum of money to finance a business in the United States that employs American workers. One victim told law enforcement that Shi told her that Shi would procure a long-term visa for her through the EB-5 Program if she invested $500,000 in the Hyde project, the affidavit states.
Shi also allegedly told investors that GHB had purchased a 47-acre lot of land in Coachella Valley where the Hyde development was to be built. In reality, Shi purchased only 20 acres of that property, the affidavit states. Shi also falsely told investors that GHB had obtained the required city development approvals for the Hyde development, which included the re-zoning of the land she purportedly had purchased, when no such approvals had been given.
When some victim-investors began demanding refunds after hearing GHB no longer was in operation in the United States, Shi allegedly offered them partial refunds if they signed a contract purporting to prevent them from disclosing they had received the refund. She also allegedly sent investors phony photographs purporting to be of construction that was underway. In truth, GHB never began construction on the Hyde development and never purchased the entire plot of land where the development was to be built, the affidavit states.
Bank records allegedly show that Shi transferred the victims’ funds to her personal accounts and then misappropriated a significant portion of victims’ money for her own expenses. For example, she allegedly used $2.2 million of investor money to pay a company that provided luxury travel and concierge services, nearly $295,000 to purchase two Mercedes-Benz automobiles, and hundreds of thousands of dollars to buy clothes, restaurant meals, and hotel stays in Beverly Hills, France, Thailand and China.
A complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
If convicted, Shi would face a statutory maximum sentence of 20 years in federal prison.
The FBI investigated this matter.
This case is being prosecuted by Assistant United States Attorney Alexander C.K. Wyman of the Major Frauds Section.
Andover Woman Charged with Arson of St. Paul Car Rental AgencyRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal criminal complaint against JESSICA LYNN WHITE, 33, charging her with conspiracy to commit arson. WHITE, who was arrested on June, 16, 2020, made her initial appearance on June 17, 2020, before Magistrate Judge David T. Schultz in U.S. District Court in Minneapolis.
According to the allegations in the complaint, on May 28, 2020, an Enterprise Rent-A-Car building located in St. Paul, Minnesota, was completely destroyed due to fire. On June 3, 2020, investigators with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) examined the scene and determined that the fire was caused by arson and originated from within the structure. ATF investigators were able to identify WHITE and two other individuals captured on surveillance video footage from cameras located inside and outside of the business on the night of the arson. WHITE can be seen outside of the business, knocking on the front window and looking into the front door while the two other individuals are inside the building for several minutes. Shortly after the two individuals exit the building, the front lobby area is filled with smoke and fire can be seen flickering in the reflection of the front window of the building.
The ATF and FBI urge the public to report suspected arson, use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information specifically related to business fires in the Twin Cities can call 1-888-ATF-TIPS (1-888-283-8477), email [email protected] or submit information anonymously via ReportIt.com. In addition to fires, the FBI is looking for people who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALLFBI (800-225-5324) or visit tips.fbi.gov.
This case is the result of an investigation conducted jointly by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the FBI, the St. Paul Police Department, and the Minnesota State Fire Marshal Division.
This case is being prosecuted by Assistant U.S. Attorney Bradley M. Endicott.
The charges contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defendant Information:
JESSICA LYNN WHITE, 33
Andover, Minn.
Charges:
- Conspiracy to commit arson, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
3 Indicted for Conspiring to Distribute MethRead the Press Release
ERIE, Pa. – Three men have been indicted by a federal grand jury in Erie on a charge of violating federal drug laws, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Dominique Marquise Levye, 31, of Los Angeles, California, Elvin Martinez-Montero, 25, of Indiana, Pennsylvania, and Abenego Rodriguez-Suriel, 29, of Erie, Pennsylvania, as defendants.
According to the Indictment presented to the court, from July 2019 to August 9, 2019, the defendants conspired to possess with intent to distribute five hundred grams or more of a mixture or substance containing a detectable amount of methamphetamine. The charges relate to the seizure of over 30 pounds of methamphetamine concealed within a car that had been transported on a car hauler from California and was seized in the parking lot of the Presque Isle Downs and Casino in Erie, Pennsylvania on August 9, 2019.
The law provides for a maximum total sentence of life imprisonment, a fine of $10,000,000, or both for each defendant. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendants.
Assistant United States Attorney Paul S. Sellers is prosecuting this case on behalf of the government.
The Department of Homeland Security, Homeland Security Investigations and the Pennsylvania State Police conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
25 Year Sentence for Local Man Involved in Multiple Armed CarjackingsRead the Press Release
MEMPHIS, TN – Isaiah Miller, 19, has been sentenced to 300 months in federal prison for participating in multiple carjackings and brandishing a firearm during crimes of violence. D. Michael Dunavant, U.S. Attorney announced the sentence today.
According to information presented in court:
• On October 10, 2018, at about 9:45 p.m., two victims were walking to their vehicle on South Cooper Street in Memphis, Tennessee, when four males approached them. One suspect pointed a small black handgun and demanded their property. The suspect told them to "lie on the ground facedown." As one of the victims attempted to get down, one of the suspects punched him twice in the left jaw. The suspects took the victims’ wallets, cell phones, and the keys to the victims’ vehicle. They left in the 2013 Mazda headed northbound on Cooper. After notifying law enforcement about the crime, one of the victims positively identified Miller as one of the individuals who carjacked him. The victim said "Miller was the man who hit him in the face and told another man to shoot him."
• On October 11, 2018, at around 10:19 p.m., a victim was sitting in her silver Honda Civic charging her phone. She saw a group of five males approach her, point a gun at her, and demand that she get out of the vehicle. The victim exited the vehicle and one of the men snatched her cell phone from her hand. She asked if she could keep her purse from the car, and one man responded, "Hell naw." The males got into the Honda Civic and were last seen going west on Mynders Avenue. The victim positively identified Miller as the person responsible for the carjacking who brandished the weapon. Fingerprints belonging to Miller were found on the hood and passenger side rear door glass of the recovered vehicle.
• On October 13, 2018, a victim was pulling into the driveway of his girlfriend’s house on Venable Avenue when another vehicle blocked in their vehicle. Three males approached and demanded he exit the vehicle. The two men on the driver’s side of the vehicle both had firearms, one black and one silver. One of the suspects then pistol whipped the victim and pulled him out of the vehicle. The armed male then pointed the gun at the victim’s girlfriend and told her to get out of the vehicle. They took a phone and a gold ring from the victims. They then drove away from the scene in the victim’s Honda Accord. The victim positively identified Miller as the person who pulled her out of the vehicle.
• On October 17, 2018, at approximately 5:45 p.m., a victim was walking at Walker Avenue and Tanglewood toward his car after visiting friends. The victim was approached by three males armed with firearms who demanded that he give them his car keys, wallet, and cash. The victim initially did not comply, so one of the suspects hit him in the face and head with the firearm. The victim then gave the suspects his wallet and ran. The suspects were unable to find victim’s keys in his wallet so they fled from the scene. The victim positively identified Miller from a photo lineup as the suspect who demanded his keys and struck him in the face with the pistol.
• On Friday, October 19, 2018, Mt. Moriah task force officers were on enhanced patrol looking for a silver Honda Civic that had been seen driving recklessly through the area of South Perkins and Cottonwood. Law enforcement observed a silver Honda matching the description in the area and attempted to pull it over, but the driver refused to stop. Officers chased the vehicle to the Cedar Mills apartment complex, when all four males jumped out of the car and ran in different directions. Miller was apprehended after jumping from a balcony. Ultimately, Miller gave a statement to the police, admitting to at least one of the carjackings.
On June 18, 2020, U.S. District Court Judge Thomas L. Parker sentenced Miller to 300 months in federal prison followed by 3 years supervised release.
U.S. Attorney D. Michael Dunavant said, "In the short period of just one week, this young offender not only injured and terrorized multiple victims, but he also senselessly wasted his own life by committing successive violent gun crimes. There is a heavy price to pay for such violence and lawlessness, and Miller will now pay that price with 25 years in a federal prison. This case demonstrates our ability and intention to aggressively prosecute violent carjackings, no matter the age of the offender. Hopefully, it will also send a strong deterrent message to others to avoid throwing their lives away by senseless gun violence."
The Memphis Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case.
Assistant U.S. Attorney Elizabeth Rogers and Special Assistant U.S. Attorney Samuel D. Winnig prosecuted this case on behalf of the government. SAUSA Winnig is currently assigned from the Shelby County District Attorney’s Office for the purpose of prosecuting violent crimes and firearms offenses in federal court.
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22 Western PA Residents Indicted on Drug and Firearms Charges Associated with Violent South Pittsburgh Gang, Darccide-Smash44Read the Press Release
PITTSBURGH, PA – Twenty-two current and former residents of Western Pennsylvania have been indicted by a federal grand jury in Pittsburgh on charges of narcotics trafficking and firearms violations following an investigation into drug trafficking and violence in and around the South Side neighborhood of Pittsburgh, United States Attorney Scott W. Brady announced today.
"The drug and gun crime activity associated with local gangs threatens the safety of our law-abiding neighbors," said U.S. Attorney Brady. "My office will continue to make the identification and prosecution of these neighborhood thugs a priority until our communities are gang-free."
The Superseding Indictment, returned on June 15 and unsealed yesterday, names the following 22 individuals as defendants:
• Christopher Highsmith, 27, of Irwin, PA
• David Benson, 30, of Pittsburgh, PA
• Lamont Benton, 24, of McKees Rocks, PA
• Jarrell Dawson, 21, of Pittsburgh, PA
• Perry Freeman, 19, of Pittsburgh, PA
• Lequay Fuller, 23, of Pittsburgh, PA
• Dontae Gilbert, 19, of Pittsburgh, PA
• Brandon Green, 35, Pittsburgh, PA
• Anthony Jetter, 31, of Pittsburgh, PA
• Henry Johnson, 29, of Pittsburgh, PA
• Jonathan Laur, 26, of Pittsburgh, PA
• Trevon McCrary, 25, of Pittsburgh, PA
• Danasia McNeal, 22, of Pittsburgh, PA
• Willie Miller, 28, of Pittsburgh, PA
• Michael Norman, 27, of Venetia, PA
• Devonte Parker, 25, of Pittsburgh, PA
• Jaimone Robinson, 20, of Pittsburgh, PA
• Ronika Somerville, 23, of Pittsburgh, PA
• Theresa Somerville, 50, of Pittsburgh, PA
• Raelynn Stevenson, 30, of West Mifflin, PA
• Ronald Williams, 27, of Pittsburgh, PA
• Martel Yates, 31, of Pittsburgh, PA
The named conspirators include leaders, members, drug suppliers, and associates of a violent neighborhood gang known as Darccide-Smash44 ("DS44"), based out of the Knoxville, Arlington, and Mt. Oliver neighborhoods in the South Side. According to the Superseding Indictment, the defendants conspired to possess with intent to distribute and distribute over one kilogram of heroin, at least 400 grams of fentanyl, as well as quantities of several fentanyl analogs, cocaine, and cocaine base, commonly known as crack, from January 2018 through June 2019. The Superseding Indictment further alleges individual firearms charges and/or drug trafficking violations against defendants Benson, Gilbert, McCrary, Miller, Parker, Robinson, and Stevenson.
For all defendants, the law provides for a maximum total sentence of up to life imprisonment, a fine of not more than $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of each defendant.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Bureau of Alcohol Tobacco Firearms and Explosives, Allegheny County Adult Probation, Allegheny County Police Department, Allegheny County Sheriff’s Office, Pennsylvania Attorney General’s Office Bureau of Narcotics, Pittsburgh Bureau of Police, and the Wilkinsburg Police Department. Other assisting agencies include the Green Tree Police Department, New York City Police Department, Mount Oliver Police Department, Pennsylvania State Police, Yonkers Police Department, United States Marshals Fugitive Task Force, and the United States Postal Inspection Service.
This case is part of the Organized Crime Drug Enforcement Task Force program, known as OCDETF. OCDETF was established in 1982 to support comprehensive investigations and prosecutions of major drug trafficking and money laundering organizations. It is the keystone of the drug reduction strategy of the Department of Justice. By combining the resources and expertise of federal agencies and their state and local law enforcement partners, OCDETF identifies, disrupts, and dismantles the most serious drug trafficking, money laundering, and transnational criminal organizations.
Assistant United States Attorneys Christy C. Wiegand and Brendan McKenna are prosecuting this case on behalf of the government.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
18 June 2020
Wyoming Man Sentenced to Twenty Years for Distribution of Fentanyl Resulting in DeathRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Anthony Michael Assfy, 29, formerly of Wyoming, Michigan, was sentenced by the Hon. Robert J. Jonker to 240 months in federal prison for distributing fentanyl resulting in death. On January 30, 2020, after a three-day trial, a jury found the defendant guilty of six drug trafficking charges: delivery of fentanyl resulting in death, possession with intent to distribute fentanyl and crack cocaine, distribution of heroin and crack cocaine (three counts), and possession with intent to distribute heroin and crack cocaine.
The evidence at trial demonstrated that on August 29, 2018, Assfy sold fentanyl to a Solon Township resident who used the fentanyl and died. Upon arriving at the overdose scene, detectives from the Kent Area Narcotics Enforcement Team (KANET) found evidence that indicated Assfy was the decedent’s dealer. Law enforcement posed as the victim to set up a purchase of narcotics from Assfy on August 30, 2018. Assfy arrived at the Grand Rapids deal site and was arrested by law enforcement. In addition to the fentanyl that Assfy intended to deliver to the victim, law enforcement discovered another 36 grams of fentanyl and nearly 4 grams of crack cocaine concealed in Assfy’s possession.
After posting bond on his state charges, Assfy continued to deal heroin and crack cocaine until November 2018. He was charged for distributing heroin and crack cocaine to a law enforcement agent on three occasions during this timeframe. On November 13, 2018, law enforcement searched a residence that Assfy used as a deal location and seized another 19 grams of heroin and some crack cocaine, for which Assfy was charged.
“Fentanyl is a powerful synthetic opioid that is 80 – 100 times more potent than morphine and is cheap to produce,” said U.S. Attorney Birge. “All too often, we find fentanyl mixed together with heroin or fentanyl being passed off as heroin in our West Michigan communities. Due to fentanyl’s potency, ingestion is often deadly. Anyone who deals in a deadly drug like fentanyl should understand they face serious federal time in prison.”
This case was investigated by KANET, the Kent County Sheriff’s Department, the Kentwood Police Department, and the Drug Enforcement Administration. It was prosecuted by Assistant U.S. Attorneys Vito S. Solitro and Joel S. Fauson.
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Vincent Raymond Rios Sentenced to Prison in Drug Trafficking CaseRead the Press Release
SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant VINCENT RAYMOND RIOS (Rios) , age 45, from Chalan Pago, Guam was sentenced in the United States District Court of Guam to 27 years imprisonment for Conspiracy to Distribute Fifty Grams or More of Methamphetamine Hydrochloride, in violation of 21 U.S.C. § 841(a)(1); 20 years imprisonment for Attempted Possession with Intent to Distribute, in violation of 21 U.SC. § 841(a)(1); and 10 years imprisonment for two counts of Money Laundering, in violation of 18 U.S.C. § 1957. The Court ordered the terms of imprisonment to run concurrently. The Court also ordered five years of supervised release following imprisonment, participation in a 500-hour drug treatment program, and a mandatory $400 assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
During October 2016, Special Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) began an investigation after Rios attempted to transfer
$300,000.00 in drug proceeds through a local bank. On November 16, 2016, the U.S. Postal Inspector and Drug Enforcement Administration Special Agents and Task Force Officers intercepted three suspicious packages in the mail. One package contained 18.7 pounds of methamphetamine with a 98% purity level. Further investigation revealed that Rios and Sueann Baker (Baker) traveled to Washington State to purchase the drugs. Rios concealed the drugs in air mattresses, which were then mailed to Guam. When Rios and Baker returned to Guam, they attempted to claim the packages at a local mail box service. Rios further conspired with other people on Guam to distribute the drugs throughout the island.
ATF seized substantial amounts and types of property owned by Rios. This included $1,183,939.00 in cash from safe deposit boxes at Coast360 and Bank of Guam, in addition to $14,745.00 from a Mercedes Benz. The Court also ordered forfeiture of real estate, including an Apusento Gardens condominium and a home in Gloria Circle, Dededo. Both residences were purchased with illegal proceeds of drug trafficking.
U.S. Attorney Anderson stated, “I congratulate our law enforcement partners for the results of their hard work in dismantling this extensive drug trafficking enterprise. This case reflects not only the substantial terms of imprisonment facing drug traffickers. Criminals will also lose all the benefits, in whatever form, related to their illegal activity. The public rightfully deserves protection from this scourge on our island.”
This was an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Postal Inspection Service and the Drug Enforcement Administration. The case was prosecuted by Rosetta L. San Nicolas, Assistant United States Attorney in the Districts of Guam and the Northern Mariana Islands.
Vermont Man Charged with Traveling to Meet Minor for SexRead the Press Release
ALBANY, NEW YORK – Robert McAdam, age 47, of Rutland, Vermont, was arrested on Tuesday and charged with traveling across state lines with the intent to engage in a sexual act with a minor.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
The criminal complaint alleges that, between February 7, 2019 and June 16, 2020, McAdam exchanged text messages with an undercover investigator who was posing as the adult father of a 15-year-old girl. In these exchanges, McAdam discussed his interest in having sex with the girl. In furtherance of this interest, McAdam traveled to New York earlier this month to meet with the undercover officer in person. After this meeting, McAdam arranged to have sex with the minor in a hotel room in Queensbury, New York, to take place on June 16, 2020. On this date, McAdam traveled from Vermont to a predetermined hotel room in Queensbury. Upon arrival to the hotel, McAdam was encountered by law enforcement and arrested.
McAdam initially appeared in court on Monday before United States Magistrate Judge Christian F. Hummel. Following a second hearing held today, Judge Hummel ordered McAdam detained.
The charge filed against McAdam carries a maximum sentence of 30 years in prison, a fine of up to $250,000 and a term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and its Child Exploitation Task Force, including investigators with the New York State Police, and is being prosecuted by Assistant United States Attorney Rachel Williams.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc/.
UVM ER Doctor Indicted for Production of Child PornographyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that a federal grand jury returned an indictment on June 18, 2020, which charged Eike Blohm, 38, of South Burlington, Vermont, with one count of production of child pornography. The indictment also includes notice that, in the event that Blohm is convicted of production of child pornography as charged in the indictment, the government intends to seek forfeiture of real and personal property owned by Blohm. Blohm made his initial appearance in federal court on May 22, 2020. At that hearing, U.S. Magistrate Judge John M. Conroy ordered Blohm detained pending trial. The date on which Blohm will be arraigned on the indictment has not been set.
According to court records and proceedings, an employee at the University of Vermont Medical Center (UVM MC) discovered a camera hidden in a unisex employee bathroom in the Emergency Department. Investigators with the Chittenden Unit for Special Investigations (CUSI) recovered the camera and discovered approximately 1,300 videos on the camera. Approximately 900 videos depicted hospital employees in various states of undress in at least two bathrooms at UVM MC. Approximately 21 videos showed a minor child bathing nude at another location, and a number of those videos showed the minor’s genitalia. The child’s identity and the location where the child was filmed are known to law enforcement. In addition, investigators searched Blohm’s iPad pursuant to a search warrant. Investigators found approximately 132 images of child pornography that did not involve the known minor.
U.S. Attorney Christina Nolan emphasized that the defendant is presumed innocent until and unless proven guilty. If convicted, Blohm’s sentence will be determined by the advisory United States Sentencing Guidelines and the impact, if any, of any mandatory minimum prison terms applicable to any count of conviction.
U.S. Attorney Nolan commended the efforts of the Chittenden Unit for Special Investigations and Homeland Security Investigations.
Barbara A. Masterson, Assistant U.S. Attorney for the District of Vermont, and James E. Burke IV, Trial Attorney with the Department of Justice’s Child Exploitation and Obscenity Section, are handling the prosecution of Blohm. Lisa B. Shelkrot of Langrock Sperry & Wool, LLP, represents Blohm.
U.S. Attorney Nolan noted that this prosecution is part of the U.S. Department of Justice’s Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney’s Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc .
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney McSwain Announces Charges against Philadelphia Man for Blowing up an ATM and Illegal Possession of a Firearm during ProtestsRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that David Elmakayes, 24, of Philadelphia, PA, was charged by criminal complaint with malicious damage of property with an explosive device and possession of a firearm by a convicted felon. The defendant is currently in federal custody and will make his initial appearance in federal court tomorrow. The government will be seeking the defendant’s detention pending trial on these charges.
Following peaceful protests on May 30, 2020, in response to the killing of George Floyd in Minneapolis, MN, civil unrest began to unfold in Philadelphia later that day and continued for several days thereafter. Widespread looting, burglary, arson, destruction of property, and other violent acts occurred.
The complaint alleges that on June 3, 2020, at approximately 11:45 p.m., Elmakayes used an explosive device to heavily damage an automated teller machine (ATM) on the sidewalk at 217 East Westmoreland Street in North Philadelphia. When he was arrested a short time later, he had three more explosive devices in his possession, as well as a .32 caliber pistol.
“Blowing up an ATM and illegal firearms possession are not acts of protest against perceived injustice. They are federal felonies and will be treated as such,” said U.S. Attorney McSwain. “As alleged, Elmakayes tried to take advantage of the unrest in Philadelphia to get away with a violent crime. Now he will face the consequences.”
“It is always disconcerting when individuals take advantage of sensitive situations to destroy property and terrorize our communities,” said Acting Special Agent in Charge John Schmidt, ATF Philadelphia Field Division. “When individuals choose to recklessly put innocent lives in danger, we commit our resources and unique capabilities in working with our law enforcement partners to bring those responsible to justice. This arrest is an example of how a joint effort with the Philadelphia Police Department and the Philadelphia Fire Marshal’s office did exactly that. We will continue to work together to ensure the safety of our citizens.”
If convicted, the defendant faces a mandatory minimum of fifteen years’ imprisonment, three years’ supervised release, and a $500,000 fine.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Philadelphia Police Department, and the Philadelphia Fire Marshal’s Office, and is being prosecuted by Assistant United States Attorney Joseph A. LaBar
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Two Stockton Residents Charged with Sexual Exploitation of a MinorRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an indictment today against two Stockton residents, charging them with sexual exploitation of a child, U.S. Attorney McGregor W. Scott announced.
According to court documents, between April and June 2020, Jonathan Michael Thornton, 36, and Katherine Leann Herrera, 30, produced images depicting a victim under the age of 10 engaged in sexually explicit conduct. Thornton then distributed the images on a darknet website. Thornton operates a photography business called Thornton Photography. The indictment also charges Thornton with distribution of child pornography.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Mira Chernick is prosecuting the case.
If convicted, Thornton and Herrera each face a mandatory minimum penalty of 15 years in prison, a maximum statutory penalty of 30 years in prison, and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information.
Two Sentenced for Robbing Two Cell Phone Stores at GunpointRead the Press Release
CHARLOTTE, N.C. – Chief U.S. District Judge Martin Reidinger sentenced to prison two men responsible for the armed robberies of two cell phone stores located in Buncombe and Henderson Counties, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina.
Joining U.S. Attorney Murray in making today’s announcement is John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, Sheriff Quentin Miller of the Buncombe County Sheriff’s Office, Sheriff Lowell S. Griffin of the Henderson County Sheriff’s Office, and Chief David Zack of the Asheville Police Department.
Shyleek Vyshonne Davidson, 21, of Hendersonville, N.C. was sentenced to 120 months in prison and five years of supervised release, and Okoye Unique Porter, 26, of Hendersonville, was sentenced to 151 months in prison and three years of supervised release. The third co-defendant, Kristoff Michael Hunter, 25, of Asheville, will be sentenced at a later date.
According to filed documents and statements made in court, the men robbed at gunpoint two cell phone stores located in Asheville and in neighboring Hendersonville. On May 19, 2019, Hunter and Davidson robbed the AT&T wireless store located at 335 Airport Road in Asheville. Court records show that Hunter and Davidson entered the store with their faces covered, pointed a firearm at an employee and ordered him to lie down while they proceeded to steal approximately $200 in cash from the register and at least 26 Samsung and LG phones from the store cabinets.
The next day, on May 20, 2019, at about 9:30 a.m., law enforcement responded to a robbery call made from the Verizon Wireless store located at 1602 Four Seasons Blvd in Hendersonville. Court records show that all three defendants entered the store, brandished firearms at the store employees, and fled with approximately 157 stolen iPhones valued at $147,986, and $311 in cash. Law enforcement arrested the three men the same day, after locating them through a tracking device one of the store employees had slipped in the robbers’ bag.
Porter, Davidson and Hunter pleaded guilty to robbery of businesses affecting interstate commerce, also known as “Hobbs Act” robbery. Davidson and Hunter also pleaded guilty to carrying and brandishing a firearm during a crime of violence and aiding and abetting.
In making today’s announcement, U.S. Attorney Murray thanked the FBI, the Buncombe County Sheriff’s Office, the Henderson County Sheriff’s Office, and the Asheville Police Department for their investigation of this case.
Assistant U.S. Attorney John Pritchard, of the U.S. Attorney’s Office in Asheville, prosecuted the case.
Twelve Indicted following Greater Pittsburgh Safe Streets Task Force Investigation into Drug Trafficking in Pittsburgh and BeyondRead the Press Release
PITTSBURGH, PA – Twelve defendants from Allegheny, Lawrence and Westmoreland Counties have been charged with drug trafficking following a months-long wiretap investigation into narcotics trafficking in the City of Pittsburgh and greater Allegheny County region, United States Attorney Scott W. Brady announced today. This Indictment is related to a larger investigation into the narcotics trafficking activities of the "11 Hunnit" neighborhood street gang operating in the Hill District neighborhood of Pittsburgh and beyond. A total of 22 defendants have been charged in four separate, but related, indictments stemming from this investigation.
"Every citizen in western Pennsylvania deserves to live in a community free from the violence and devastation created by drug trafficking," said U.S. Attorney Brady. "For too long, the "11 Hunnit" gang has terrorized the law-abiding residents of the City of Pittsburgh and the Hill District. Through the four indictments of 22 members and associates of "11 Hunnit," we have effectively dismantled this gang and its grip on our city."
The Indictment, returned on June 15 and unsealed today, charges the following individuals with conspiring to distribute and to possess with intent to distribute five kilograms grams or more of cocaine, in the Western District of Pennsylvania, from in and around November 2019, and continuing thereafter until in and around June 2020:
• Donald Epps, age 65, of New Kensington, PA;
• Michael Glenn, age 57, Pittsburgh, PA;
• Michael Turner, age 47, of Wampum, PA;
• Gary Wilkinson, age 56, of Pittsburgh, PA;
• Dion Williams, age 44, of Pittsburgh, PA;
• Ivan Upsher, age 58, of Pittsburgh, PA;
• Gerald Bogan Jr., age 39, of Pittsburgh, PA;
• Charles King, age 57, of Pittsburgh, PA;
• Jeffrey Brown, age 50, of Pittsburgh, PA; and
• Michael Jones, age 69, of Monessen, PA.
The Indictment additionally charges Defendant Glenn and the following individuals with conspiring to distribute and to possess with intent to distribute 28 grams or more of cocaine base (in the form commonly known as "crack") in the Western District of Pennsylvania, from in and around November 2019, and continuing thereafter until February 2020:
• Timothy Harris, age 57, of Pittsburgh, PA; and
• Giles Davis, age 60, of Pittsburgh, PA.
With respect to Defendants Epps, Glenn, Turner, Wilkinson, Williams, Upsher, Bogan, King Brown, and Jones, each of whom is charged with conspiring to distribute and possess with intent to distribute five kilograms or more of cocaine, the law provides for a maximum total sentence of not less than ten years to a maximum of life imprisonment, a fine of up to $10,000,000, or both. With respect to Defendants Glenn, Harris and Davis, each of whom is charged with conspiring to distribute and possess with intent to distribute 28 grams or more of crack cocaine, the law provides for a maximum total sentence of not less than five years and up to 40 years of imprisonment, a fine of up to $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentences imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendants.
Assistant United States Attorney Jerome A. Moschetta is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Pittsburgh Bureau of Police (Bureau of Narcotics Investigations) led the multi-agency investigation that also included the Allegheny County Sheriff’s Office and the Pennsylvania Office of the Attorney General. This Greater Pittsburgh Safe Streets Task Force investigation was funded by the federal Organized Crime Drug Enforcement Task Force (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.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty
Three Fort Dodge Men Sentenced to Federal Prison for Gun and Meth ConvictionsRead the Press Release
Three Fort Dodge men who conspired to distribute methamphetamine and illegally possessed stolen firearms were sentenced in federal prison. Osborne and Petersen were sentenced January 28, 2020, and Swan was sentenced on June 18, 2020.
Marcus Swan, 29, pled guilty December 31, 2019, Lucas Osborne, 30, pled guilty August 20, 2019, and Kenneth Petersen, 41, pled guilty on September 10, 2019. Each pled guilty to one count of conspiracy to distribute methamphetamine and one count of possession of stolen firearms.
Evidence showed that together the defendants possessed five guns that were stolen during a burglary in Kossuth County, Iowa. Swan and Petersen were also prohibited from possessing firearms based on their prior felony convictions. Osborne was an unlawful user of methamphetamine and therefore also prohibited from possessing firearms. Additionally, evidence shows that the three distributed methamphetamine from October 2018 through February 2019. In total the methamphetamine conspiracy involved the distribution of over 16 pounds of methamphetamine in and around the Fort Dodge area.
Each were sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Osborne was sentenced to 153 months’ imprisonment and must serve a 5-year term of supervised release after the prison term. Petersen was sentenced to 98 months’ imprisonment, with a 4-year term of supervised release following the prison term. Swan was sentenced to 102 months’ imprisonment and a 4-year term of supervised release. There is no parole in the federal system. Each are being held in the United States Marshal’s custody until they 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. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was prosecuted by Assistant United States Attorney Mikala Steenholdt and investigated by the Fort Dodge Police Department, Webster County Sheriff’s Office, Kossuth County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-3017. Follow us on Twitter @USAO_NDIA.
Two Pennsylvania Women Sentenced for Yellowstone National Park ViolationsRead the Press Release
Federal District Court Magistrate Judge Mark L Carman sentenced TARA L. DAVOLI, age 31, and SARAH A. PIOTROWSKI, age 30, both of Philadelphia for being off trail in a thermal area. The charges stemmed from a June 11, 2020 incident where both women were observed off the boardwalk walking in a thermal area, which resulted in damage to orange bacterial mats at Opal Pool in the Midway Geyser Basin. Multiple witnesses observed the two walking on the feature and confronted them in an effort to get them to stop.
Davoli and Piotrowski each received a sentence of two days imprisonment and were ordered to pay a $350.00 fine and restitution for each in the amount of $106.92 for damages to Opal Pool. They have been banned from Yellowstone National Park for two years and will serve two years unsupervised release. The amount of restitution was based on a damage assessment conducted by the Yellowstone geologist and a thermal research crew.
“The rules in our National Parks are there for a reason - to protect visitors and the natural beauty we all want to experience and enjoy. Just taking a few steps off the boardwalk in a thermal area may seem harmless, but it can really damage the ecosystem and potentially put visitors in danger..” stated United States Attorney Mark A. Klaassen. “We support the National Park Service and Park Rangers who work to enforce these rules so we can all continue to enjoy amazing places like Yellowstone and preserve the park for future generations.”
"We appreciate the support of the Wyoming U.S. Attorney's Office in continuing to help us protect Yellowstone's resources," said Yellowstone National Park Superintendent Cam Sholly. "The successful investigation and prosecution of these types of cases help prevent future degradation of resources committed by irresponsible visitors."
The National Park Service investigated this case.
South Lake Tahoe Man Charged with Distribution of Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an indictment today against Timothy Mackey, 39, of South Lake Tahoe, charging him with distribution of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, between Feb. 5 and Feb. 26, Mackey distributed visual depictions of children engaging in sexually explicit activity. Mackey worked as a snowboarding instructor and had applied to become a foster parent prior to his arrest.
Anyone who has information related to this case or who believes their child may be a victim can contact the FBI at [email protected].
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Mira Chernick is prosecuting the case.
If convicted, Mackey faces a mandatory minimum sentence of five years in prison, a maximum statutory penalty of 20 years in prison, and a fine of up to $250,000. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information.
South Bend, Indiana Woman SentencedRead the Press Release
SOUTH BEND – Freda Binder, age 43, of South Bend, Indiana was sentenced by United States District Court Judge Jon E. DeGuilio for distribution of more than 50 grams of methamphetamine, announced U.S. Attorney Kirsch.
Ms. Binder was sentenced to 60 months in prison followed by 4 years of supervised release.
According to documents in the case, on October 23, 2018, Freda Binder agreed to sell methamphetamine. She met with the buyer at her home in South Bend and received $1800 for the methamphetamine. She then told the buyer to meet her at a restaurant on West Western Avenue in South Bend where she gave the buyer four ounces of methamphetamine. On October 29, Ms. Binder again sold four ounces of methamphetamine for $2000, though she directed the buyer to meet at a different location when she delivered the methamphetamine. On November 1, 2018, Ms. Binder again sold four ounces of methamphetamine for $1,000.
This case included Kenneth Sanders, who was sentenced on 2/5/2020 to 120 months, and Maurice Sylvester, who was sentenced to 130 months on 2/13/2020.
This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Laporte County Drug Task Force and Michigan City Police Department. This case was prosecuted by Assistant U.S. Attorney Frank Schaffer.
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Serial Fraudster Sentenced to 87 MonthsRead the Press Release
MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Dharmesh Patel, 31, formerly of Stevens Point, Wisconsin, was sentenced today by Chief U.S. District Judge James D. Peterson to 87 months in prison for committing aggravated identity theft and wire fraud. Patel pled guilty to those charges on March 13, 2020.
Patel co-owned and ran the Baymont Inn & Suites Hotel in Stevens Point, Wisconsin. To execute a series of frauds, Patel stole the identity of an individual, J.L., who worked at the hotel. Patel used J.L.’s identity primarily with businesses to obtain merchandise for the Stevens Point hotel, and another hotel he operated, the Baymont Inn & Suites Hotel in Coralville, Iowa. For example, Patel used J.L.’s name and identity to purchase 110 fifty-five inch televisions which were shipped to the Baymont Inn in Stevens Point, but which Patel moved—with other merchandise obtained by fraud—to the Baymont Inn in Iowa. The total loss from Patel’s schemes exceeded $500,000.
At sentencing, Judge Peterson stated that Patel stood out from other white collar defendants because of his lengthy criminal history. Judge Peterson noted that a significant sentence was necessary to specifically deter Patel and to protect the public from his crimes. Judge Peterson stated that Patel’s ongoing criminal behavior and the current scheme to defraud showed that Patel “was a menace.”
The charges against Patel were the result of an investigation conducted by the Stevens Point Police Department, the Coralville, Iowa Police Department, and the Federal Bureau of Investigation. Prosecution of the case was handled by Assistant U.S. Attorney Zachary J. Corey and First Assistant U.S. Attorney Timothy M. O’Shea.
Senate Unanimously Confirms Peter M. McCoy Jr. as United States Attorney for the District of South CarolinaRead the Press Release
COLUMBIA, South Carolina --- Peter M. McCoy, Jr. has been unanimously confirmed by the United States Senate as the United States Attorney for the District of South Carolina.
“I could not be more proud to be confirmed as U.S. Attorney for the District of South Carolina,” said U.S. Attorney McCoy. “Since the Attorney General appointed me in late March, I have watched the remarkable people of this office work through unprecedented times to continue the important work of this office: keeping the people of South Carolina safe. Having the opportunity to lead this office is among the greatest honors of my professional career. I also look forward to my continued work with our federal, state, and local partners, who continue to do amazing work throughout the state. I am thankful to the President for my nomination, the Attorney General for his support of my prior appointment, to Senators Graham and Scott for their recommendation and endorsement, and to my family for their unwavering support.”
As U.S. Attorney, McCoy is the chief federal law enforcement officer responsible for federal criminal prosecutions and civil litigation involving the United States in the District of South Carolina. He supervises an office of approximately 62 Assistant United States Attorneys, 75 support staff, and 18 contract support staff, all of whom are responsible for prosecuting federal crimes affecting the district, including narcotics and firearms cases, gang violence, human trafficking, white-collar crime, securities fraud, public corruption, terrorism, and civil rights violations. The office also defends the United States in civil cases and collects debts owed to the United States.
Immediately prior to his initial appointment as U.S. Attorney on March 30, McCoy was a partner at McCoy and Stokes Law Firm. McCoy also served as a member of the South Carolina House of Representatives and focused his legislative work on protecting children and keeping neighborhoods safe.
A Charleston, S.C., resident and graduate of Hampden-Sydney College and Regent University Law School, McCoy spent more than five years as a criminal prosecutor in the Ninth Circuit Solicitor’s Office, handling thousands of crimes involving violence, guns, and drugs. As a legislator, McCoy was the lead sponsor of legislation requiring the mandatory reporting of child sexual abuse as well as legislation establishing a mandatory minimum sentence for anyone who commits a crime while out on bond. He worked to pass statutes that ensure violent repeat criminal offenders do not remain out on bond if they continue to commit crimes.
For more information about the U.S. Attorney’s Office for the District of South Carolina, please visit https://www.justice.gov/usao-sc.
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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.
San Bernardino County Man Who Made Threats to Injure Congressional Staffers and Intern Sentenced to One Year in PrisonRead the Press Release
LOS ANGELES – A Twentynine Palms man was sentenced today to 12 months and one day in federal prison for making harassing telephone calls to government offices and for threatening to injure congressional staffers and an intern who answered the calls.
Robert Eric Stahlnecker, 48, was sentenced by United States District Judge Stephen V. Wilson.
At a two-day trial in February, a federal jury found Stahlnecker guilty of one count of making threats by interstate commerce and five counts of anonymous telecommunications harassment. The jury acquitted him of two counts of threatening federal employees.
According to the evidence presented at trial, on September 26, 2019, Stahlnecker made eight telephone calls within a seven-minute span to the Washington, D.C., office of Sen. Sherrod Brown of Ohio. During the calls, Stahlnecker berated the intern who answered the call, insulted the intern by using vulgar language and, finally, threatened to come to the senator’s office to kill her.
Between September and November 2019, Stahlnecker made multiple abusive telephone calls to staff members and interns of multiple members of Congress. Stahlnecker made more than 10,000 calls to government agencies and elected officials between January and November of last year, according to court documents. More than half of defendant’s telephone calls in 2019 were to the Veterans Affairs complaint line (3,600 calls) and the two United States senators from California (2,500 calls), court papers state.
Stahlnecker has been in federal custody since his arrest in this case in December 2019.
“Since 2007…Stahlnecker has been convicted five times for verbally abusing and threatening government employees,” prosecutors wrote in their sentencing memorandum. “The convictions in this case represent a small fraction of defendant’s decade-long campaign to abuse and threaten government employees.”
The United States Capitol Police and the Department of Veterans Affairs, Office of Inspector General investigated this case.
This case was prosecuted by Assistant United States Attorneys Peter H. Dahlquist and Robert S. Trisotto of the Riverside Branch Office.
Rocky Mount Tax Return Preparer Pleads Guilty to Conspiracy and Filing False Tax ReturnsRead the Press Release
RALEIGH, N.C. – A Rocky Mount, NC woman pleaded guilty today to conspiracy to prepare and file false tax returns.
According to court documents, Bertha Battle, aka “Bug”, 40 years old, conspired with others to file false tax returns for the 2013 through 2016 tax years for clients of Community Tax Services LLC located in Rocky Mount. Battle and her co-conspirators allegedly filed tax returns that claimed false education credits, among other illegitimate items, in order to fraudulently generate clients’ tax refunds. The IRS total loss was 2.2 million dollars. Battle previously pled guilty to similar federal tax charges in 2009.
Battle pleaded guilty today to a conspiracy to prepare and file false tax returns and faces up to five years imprisonment when she is sentenced during the court’s November 2020 term.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina, made the announcement after U.S. Magistrate Judge Kimberly Swank accepted the plea. The Internal Revenue Service Criminal Investigations (IRS-CI) assisted in this investigation. Assistant U.S. Attorney Ethan Ontjes is prosecuting the case.
A copy of this press release is located on our website. Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:19-CR-00077-1FL.
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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.
Rochester Area Psychiatrist Guilty of Health Care FraudRead 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 Muhammad Cheema, MD, 47, of Pittsford, NY, pleaded guilty to health care fraud before U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that between 2013 and 2017, Dr. Cheema submitted approximately 5,000 false claims for psychotherapy services that he did not render. Based on these false claims, the defendant obtained payments totaling approximately $218,368 from health care benefit programs, including those operated by Excellus, MPV and others.
The plea is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton, and investigators from the New York State Department of Financial Services-Criminal Investigation Bureau, under the direction of Superintendent Linda Lacewell.
Sentencing is scheduled for October 6, 2020, at 9:15 a.m. before Judge Siragusa.
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Robbinsville Man Is Sentenced to 12 Years for Sexually Abusing A Minor on Indian ReservationRead the Press Release
ASHEVILLE, N.C. – Joseph Dwayne Jumper, 39, of Robbinsville, N.C., was sentenced today to 144 months in prison for the sexual abuse of a minor in Indian Country, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, U.S. District Judge Martin Reidinger also ordered Jumper to serve a lifetime of supervised release, and to register as a sex offender after he is released from prison.
Chief Doug Pheasant, of the Cherokee Indian Police Department, joins U.S. Attorney Murray in making today’s announcement.
According to court documents and today’s sentencing hearing, between July and August 2018, Jumper, who is an enrolled member of the Eastern Band of Cherokee Indians, sexually abused a minor female entrusted in his care. As Jumper previously admitted in court, the defendant sexually abused the victim on multiple occasions. The sexual abuse took place in Graham County, within the boundaries of the Indian reservation.
On January 3, 2020, Jumper pleaded guilty to two counts of abusive sexual contact of a child under 12.
In making today’s announcement, U.S. Attorney Murray thanked the Cherokee Indian Police Department for their investigation of this case.
Assistant U.S. Attorney John Pritchard, of the U.S. Attorney’s Office in Asheville, prosecuted the case.
Reno Woman Sentenced for Extortion Scheme Targeting Parents of Missing PersonsRead the Press Release
SACRAMENTO, Calif. — A Reno, Nevada woman was sentenced today to five years and 10 months in prison for schemes to extort money from parents of two missing persons, U.S. Attorney McGregor W. Scott announced.
Rozarri Verion Young, 24, pleaded guilty in August 2018 to two counts of interstate transmission of a threat to injure with intent to extort related to text messages she sent to the mother of a missing Gridley woman and the mother of a missing 16-year-old girl from Aurora, Colorado.
“A person who exploits a family for personal gain during the crisis of a missing child is among the cruelest of criminals,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “The FBI will ensure those who attempt to extort vulnerable families of missing children face justice. To help families of the missing, please continue to share posters found on websites managed by local law enforcement, the FBI, and National Center for Missing and Exploited Children.”
According to court documents, a Facebook page was established to aid in the search for a missing Gridley woman that had received significant coverage in local and regional media. Through the page, Young, who was then in Reno, Nevada, acquired the cellphone number of the missing woman’s mother. On April 4, 2017, Young sent a series of text messages to the mother saying to “pay me or she’s dead.” The Gridley woman had last been seen in Yuba City on March 30, 2017. Law enforcement treated this investigation as a kidnapping.
The threats were traced to Young’s phone and the investigation later linked Young to a similar scheme aimed at the mother of a missing 16‑year-old girl from Aurora, Colorado. According to court documents, on April 3, 2017, Young called and sent texts to the girl’s mother offering to give back her daughter if she would send $2,000. The girl has been missing since July 15, 2016.
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Heiko P. Coppola prosecuted the case.
Raleigh Man Sentenced to More Than 11 Years for Possessing a Firearm in Furtherance of His Drug SalesRead the Press Release
RALEIGH, N.C. – A Raleigh man was sentenced today to 143 months in prison for illegally possessing a firearm and possessing with the intent to distribute marijuana, cocaine, crack, and heroin.
Jawone Reginald Bennett, 42, was named in a four-count indictment filed in the Eastern District of North Carolina on April 17, 2019. Count One charged Distribution of a Quantity of Cocaine Base (Crack); Count Two charged Possession with Intent to Distribute a Quantity of Marijuana, Cocaine, and 28 grams or more of Cocaine Base (crack); Count Three charged Possession of a Firearm by a Felon, and Count Four charged Possession of a Firearm in Furtherance of a Drug Trafficking Crime. On November 27, 2019, pursuant to a written plea agreement, the defendant pled guilty to Counts Two and Four.
Based upon to court documents, in August 2018, a drug investigation began focusing on Bennett after a confidential informant advised the Raleigh Police Department about Bennett being engaged in drug trafficking activities. On August 23, 2018, agents utilized a confidential informant to purchase crack cocaine from Bennett at a local hotel where he was staying. On August 24, 2018, a search warrant was executed on Bennett’s hotel room. Based on the sale of crack cocaine and the search warrant on Bennett’s hotel room, he’s accountable for possessing 59.83 grams of crack cocaine, 28.15 grams of cocaine powder, and 154.62 grams of marijuana. Additionally, Bennett was in possession of two firearms that he used to further his drug tracking sales.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Raleigh Police Department (RPD) investigated the case and Assistant U.S. Attorney Daniel W. Smith prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-cr-00171-D-1.
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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.
Raleigh Man Arrested for Setting Multiple Fires to Raleigh BusinessesRead the Press Release
RALEIGH, N.C. – A Raleigh man was arrested yesterday for setting fires inside two Raleigh businesses after a demonstration over the death of George Floyd in Minneapolis, Minnesota, Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina announced.
Richard Rubalcava, of Raleigh, North Carolina, was arrested by special agents of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and is charged by complaint with two counts of maliciously damaging or destroying, or attempting to damage or destroy, by means of fire or an explosive, any building or other real or personal property affecting interstate or foreign commerce. Rubalcava will make his initial appearance June 19, 2020, by videoconference before U.S. Magistrate Judge Robert T. Numbers, II.
According to the complaint, on May 30, 2020, at approximately 12:13a.m., a fire was discovered at the Dollar General Express located at 149 East Davie Street, Raleigh, after it had been looted by rioters. Video surveillance was obtained from the Dollar General Express. The video shows Rubalcava enter the business and place numerous items in a Dollar General Bag. Rubalcava leaves and re-enters the business numerous times. Each time Rubalcava enters the business, he would steal items from the store. Further video surveillance captured Rubalcava inside the Dollar General Express setting fire to miscellaneous items located on an aisle endcap. Rubalcava appears to exit the store after setting the fire.
Additionally on May 30, 2020, video surveillance from Budacai Restaurant located at 120 East Martin Street, Raleigh, was given to the Raleigh Police Department (RPD) in regards to the restaurant being looted and a fire being set inside. After reviewing the video surveillance, RPD identified one of the subjects that entered the business as Rubalcava. The video surveillance showed Rubalcava entering the restaurant three times. The second time Rubalcava entered he stole the cash register. The third time Rubalcava entered he attempted to set a plant on fire inside the restaurant. After the plant would not ignite, Rubalcava ignited a towel and places the burning towel on a countertop. Surveillance video from both fires shows Rubalcava wearing the same clothing. Rubalcava admitted to RPD officers that he set the fire inside of Budacai Restaurant.
The counts charged in the criminal complaint carry a statutory mandatory minimum term of imprisonment of five years, a maximum potential penalty of 20 years in prison, and a maximum fine of $250,000.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina credited the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Raleigh Police Department (RPD) with the investigation leading to today’s arrest. The government is represented by Assistant U.S. Attorney Daniel W. Smith of the of the U.S. Attorney's Office’s Criminal Division.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Raleigh Blood Gang Member Sentenced to 13 Years for Illegally Possessing a Firearm and a Variety of DrugsRead the Press Release
RALEIGH, N.C. – A Raleigh Blood gang member was sentenced today to 156 months in prison for illegally possessing a firearm and possessing with the intent to distribute marijuana, cocaine, crack, and heroin.
On December 5, 2019 Brooks Prentice Lesane, 37, was named in a three-count indictment filed in the Eastern District of North Carolina. Count One charged Possession With Intent to Distribute a Quantity of Marijuana, a Quantity of Cocaine, a Quantity of Cocaine Base (Crack), and a Quantity of Heroin; Count Two charged Possession of a Firearm in Furtherance of a Drug Trafficking Crime, and Count Three charged Possession of a Firearm by a Felon on May 2, 2019. On March 16, 2020, pursuant to a written plea agreement, the defendant pled guilty to Counts One and Two.
Based upon court documents, on May 2, 2019, the Raleigh Police Department (RPD) began an investigation into the drug trafficking activities of Lesane, a known felon, after a confidential informant positively identified Lesane as trafficking various controlled substances, including marijuana, heroin, and cocaine base (crack), from his residence and throughout Raleigh. A search warrant was then executed at Lesane’s residence. RPD officers seized a 9mm handgun loaded with 9 rounds of ammunition, 19.42 grams of crack, 46.03 grams of heroin, 252.77 grams of marijuana, 20.43 grams of fentanyl mixed with heroin, and 8.97 grams of cocaine with a converted drug weight of 168.5 kilograms.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Raleigh Police Department (RPD) investigated the case and Assistant U.S. Attorney Daniel W. Smith prosecuted the case.
A copy of this press release is located on our website. Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-cr-00486-D-1.
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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.
Queens Man Charged in Connection with Arson of an NYPD Vehicle in ManhattanRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, John B. DeVito, the Special Agent-in-Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), and Daniel A. Nigro, the Commissioner of the New York City Fire Department (“FDNY”), announced today the arrest of VICTOR A. SANCHEZ-SANTA in connection with his attempts to destroy a police car in midtown Manhattan. SANCHEZ-SANTA was arrested this morning and will be presented in Manhattan federal court before U.S. Magistrate James L. Cott later today.
U.S. Attorney Geoffrey S. Berman stated: “As alleged, the defendant selected a clearly marked NYPD vehicle, walked up beside it, started a fire under the vehicle, and fled the scene. In allegedly doing so, he maliciously targeted law enforcement. Arson is also a threat to more than its immediate victim, with the potential to destroy and terrify far beyond the place where a fire is set. We have the quick response of members of the NYPD, FDNY, and ATF to thank for controlling the fire and identifying the defendant so he can face the significant charge for his alleged crime.”
ATF Special Agent-in-Charge John B. DeVito said: “The use of fire as a weapon places our communities at risk and greatly endangers our citizens. ATF and our partners will vigorously investigate and bring those responsible to justice by means of the Strategic Explosive Arson Response (SEAR) Task Force.”
NYPD Commissioner Dermot Shea said: “Torching an NYPD vehicle, as alleged, is not just an isolated crime but a threat to all New Yorkers. The hard work of our detectives and law enforcement partners in this case ensures there will be justice.”
Fire Commissioner Daniel A. Nigro said: “Arson is a callous act that senselessly puts the lives of New Yorkers and first responders in danger. The excellent teamwork of our Fire Marshals, the NYPD, and ATF continues to seek justice against those who use fire to harm others and destroy property.”
According to the allegations in the Complaint[1]:
On June 9, 2020, at approximately 1:20 a.m., SANCHEZ-SANTA stopped his car beside a marked NYPD vehicle on West 42nd Street in Manhattan. He got out of his car, took a cloth glove in his hand and held the glove to a flame until it ignited. He then put the burning glove underneath the NYPD vehicle, and got back into his car, leaving the glove burning beneath the police car.
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SANCHEZ-SANTA, 19, of Queens, New York, is charged with one count of arson, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Mr. Berman praised the outstanding investigative work of the Strategic Explosive and Arson Response Task Force of the ATF, the NYPD, and the FDNY.
The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Josiah Pertz is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Pittsburgh Man Named in PFA Indicted for Threats Made via Text and Phone CallsRead the Press Release
PITTSBURGH – A resident of Allegheny County has been indicted by a federal grand jury in Pittsburgh on charges of transmitting threats in interstate commerce, United States Attorney Scott W. Brady announced today.
The three-count Indictment, returned on June 9, named William Jackson, age 48, of Pittsburgh, Pennsylvania, as the sole defendant.
According to the Indictment presented to the court, on August 2, 2019, Jackson sent a text message to an individual threatening to harm that individual; made a telephone call to the individual stating that he intended to kill one of the individual’s children; and made a telephone call to the individual stating that he intended to injure the individual’s parents. According to state court records, the target of Jackson’s threats had an active Protection from Abuse order against the defendant.
"One of my highest priorities is the investigation and prosecution of federal crimes related to domestic violence, including firearms violence and cyberstalking," said U.S. Attorney Brady, who has been a member of Attorney General William Barr’s Domestic Violence Working Group since June of 2019. "Abusers beware: I will use the tools of federal prosecution to stop and prevent domestic violence and to keep victims safe from abuse. I also want to thank the Bridgeville Police Department for actively pursuing this defendant’s conduct and bringing this case to our attention."
The law provides for a total sentence of up to 15 years in prison, a $750,000 fine, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Nicole Vasquez Schmitt is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Bridgeville Police Department conducted the investigation leading to the Indictment in this case. This case is being prosecuted as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, 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.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pekin, Ill., Couple Indicted on Charges of Child Sexual ExploitationRead the Press Release
PEORIA, Ill. – A grand jury this week returned indictments charging Rachel Miller, 28, and Sebastian Sale, 29, both of the 1400 block of Summit Dr., Pekin, Ill., with alleged sexual exploitation of minors. Both were previously arrested and charged in criminal complaints and were ordered detained in the custody of the U.S. Marshals Service.
Miller is charged with two counts of production of child pornography. The indictment alleges that in March 2019, Miller used a cell phone to send images of herself engaging in sexual activity with a prepubescent male. In January 2020, the indictment alleges Miller used a cellphone to send a video of an adult engaged in sexual activity with a minor child.
Sale is charged with one count of attempted production of child pornography in June 2019, three counts of distribution and one count of possession of child pornography.
If convicted, for each count of production and attempted production of child pornography, the statutory penalty is 15 to 30 years in prison. For each count of distribution and possession of child pornography, the maximum penalty is 20 years in prison
The charges are the result of an investigation by the U.S. Immigration and Customs Enforcement, Homeland Security Investigations and the Washington, Ill., Police Department.
Members of the public are reminded that an indictment is merely an accusation; each defendant is presumed innocent unless proven guilty.
The case was brought as part of Project Safe Childhood, a Department of Justice initiative to combat child sexual exploitation and abuse. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Ormond Beach Man Indicted for Threatening A Member of CongressRead the Press Release
Orlando, Florida– United States Attorney Maria Chapa Lopez announces the return of an indictment charging James Lapin (34, Ormond Beach) with threatening to assault and murder an elected member of the United States House of Representatives. If convicted, Lapin faces a maximum penalty of 10 years in federal prison.
According to the indictment, on or about December 20, 2019, Lapin threatened to assault and murder an elected Representative of the United States House of Representatives (“Member of Congress”) by sending a communication to the Member of Congress’s District of Columbia office. The communication contained a threat to injure the congressional member, specifically indicating that the individual needed to wear a “bullet proof [vest]” and that the Member of Congress would be “dead.”
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the United States Capitol Police, with assistance from the Ormond Beach Police Department and the United States Marshals Service. It will be prosecuted by Assistant United States Attorney Sean P. Shecter.
Operation Free Market Update: Michigan Man Pleads Guilty to Possession with Intent to Distribute FentanylRead the Press Release
HUNTINGTON, W.Va. – A Michigan man pled guilty to a federal drug charge, announced United States Attorney Mike Stuart. Gary Jerome Johnson, also known as Sosa, 29, pled guilty to possession with the intent to distribute fentanyl.
“Fentanyl is the leading cause of drug death in West Virginia. It is a devastating drug that has devastated too many of our families,” said United States Attorney Mike Stuart. “Out-of-state drug dealers have caused enough harm in West Virginia. This is another out of state drug dealer headed to prison.”
Johnson admitted that on May 2, 2019, he was a passenger in a vehicle that was pulled over for a traffic stop in Huntington. After learning that Johnson was wanted out of Michigan for absconding from parole, he was placed under arrest and taken to the West Virginia State Police detachment in Huntington for processing. A Trooper found approximately 16 grams of fentanyl in his cruiser. Johnson admitted he intended to sell the controlled substance.
Johnson faces up to 20 years in prison when sentenced on September 21, 2020.
Operation Free Market was a long-term drug investigation in the Huntington area. The investigation was the result of a joint effort by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West. It was part of Operation Synthetic Opioid Surge (SOS), a Department of Justice program that seeks to reduce the supply of deadly synthetic opioids in high impact areas and to identify wholesale distribution networks and international and domestic suppliers.
The plea hearing was held before United States District Judge Robert C. Chambers. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
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Omaha Man Sentenced to 84 Months for Distribution of Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Mark H. King, 57, was sentenced today in federal court in Omaha for distribution of child pornography. United States District Judge Robert F. Rossiter, Jr. sentenced King to 84 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, King will serve a 7-year term of supervised release and will be required to register as a sex offender. King was also ordered to pay $18,000 in restitution.
In February 2019 investigators with Homeland Security Investigations identified a Northwest Omaha residence uploading child pornography onto a blogging website. Agents went to the residence and had contact with King, who admitted to viewing child pornography on the internet and chatting with others on the internet who shared child pornography. Agents seized King’s cell phone and computer and located at least 588 images and 14 video files depicting child pornography, including videos of adult males raping infants and toddlers. The devices also contained evidence of King sharing child pornography with others.
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 Homeland Security Investigations.
Omaha Gang Member Sentenced for Attempted Armed Bank RobberyRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on June 15, 2020, Tevonta Reair Tiller, age 23, of Omaha, was sentenced by United States District Court Senior Judge Robert W. Pratt for Attempted Armed Bank Robbery. Tiller was sentenced to 94 months in prison to be followed by five years of supervised release.
On the morning of January 25, 2019, two individuals, with their faces partially covered, entered the outer doors of the Cobalt Credit Union in Council Bluffs. A man carried a pistol and Tevonta Tiller carried a large bag. After opening the doors of the Credit Union, they could not get inside the lobby because the inner doors of the vestibule were locked. Tiller and his accomplice then left the scene and returned to their stolen vehicle. They drove across the street from the Credit Union, abandoned the vehicle, and disappeared. Law enforcement searched the vehicle and found evidence that identified Tiller, a known member of the Bloods gang in Omaha.
This case was investigated by the Council Bluffs Police Department, Federal Bureau of Investigation, Papillion Police Department, La Vista Police Department K-9 Unit, 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.
Ohio Man Sentenced to Prison on Federal Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A Columbus, Ohio man was sentenced to federal prison for a drug crime, announced United States Attorney Mike Stuart. Darrell Gossett, 34, was sentenced to 70 months in prison and four years of supervised release for possession with intent to distribute methamphetamine.
“Hundreds of grams of illicit drugs and another out-of-state drug dealer,” said United States Attorney Mike Stuart. “The drugs and the out-of-state drug dealer are now off our streets and the dealer is headed to federal prison for many years. The people of West Virginia are surely safer as a result of cases like this.”
Gossett previously admitted that on November 6, 2019, he possessed more than 250 grams of methamphetamine hidden inside his vehicle. Investigators were approaching 2403 Whitman Creek Road in Whitman to investigate possible drug activity when Gossett quickly backed out of the location, striking a police cruiser. A subsequent search of his vehicle led to the seizure of the methamphetamine. Gossett admitted that he planned on selling the methamphetamine.
The Logan County Sheriff’s Department conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Nowles Heinrich handled the prosecution.
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Nurse Pleads Guilty to Stealing Fentanyl from HospitalRead the Press Release
KANSAS CITY, Mo. – An Overland Park, Kansas, nurse pleaded guilty in federal court today to stealing fentanyl from a hospital pharmacy.
Julie Lynne Grant, 50, pleaded guilty before U.S. District Judge Brian C. Wimes to one count of obtaining a controlled substance by fraud.
Grant was a registered nurse who worked at the Hospital Corporation of America Midwest Research Medical Center in Kansas City, Missouri, at the time of the offense.
By pleading guilty today, Grant admitted that she ordered a compounded fentanyl intravenous (IV) bag from the HCA RMC pharmacy on April 4, 2019. Grant, using another name, falsely told the pharmacy that a patient’s fentanyl IV bag had run dry and another bag was needed. Grant picked up the IV bag shortly afterward, signing a false name on the pharmacy delivery signature receipt page to conceal her true identity. However, a pharmacist recognized the patient’s name because he had delivered a fentanyl IV bag for the patient an hour earlier. The pharmacist became suspicious and checked on the patient. He saw the fentanyl IV bag he had previously delivered was still at the patient’s bedside. He confronted Grant, who claimed it was a mistake, and they returned the fentanyl IV bag to the pharmacy.
According to today’s plea agreement, HCA RMC staff immediately started an internal investigation. The tamper seal over the IV port of the fentanyl bag was torn, and the patient sticker label on the IV bag was slightly wrinkled as if the bag had been squeezed. Grant refused to take a drug screening test and was sent home and subsequently terminated. The investigation revealed that Grant had tampered with the fentanyl IV bag when she extracted the controlled substance from the bag and later replaced an unknown liquid back into the IV bag in an effort to conceal her theft of fentanyl.
The investigation also revealed that Grant had received another fentanyl IV from the pharmacy for another patient at about 8 p.m. the night before, approximately an hour after her shift ended. This fentanyl IV bag was ultimately logged in and purportedly used on another patient by the ICU nursing staff. This patient was intubated and unable to communicate whether he/she received any relief from the fentanyl IV. The patient passed away on April 4, 2019.
Grant started working at Olathe Medical Center as a part-time RN on April 29, 2019. When Grant submitted her employment application, Grant omitted her prior employment at AdventHealth Shawnee Mission, St. Joseph Medical Center, and HCA Midwest Research Medical Center under the previous employment section. On May 20, 2019, through their normal reporting mechanisms, Olathe Medical Center identified possible suspicious activity regarding Grant’s dispensation of medication. Grant ultimately admitted to tampering with a fentanyl IV bag while working at HCA Midwest Health Research Medical Center. Grant was terminated on May 31, 2019, for failing to provide a complete list of previous employers on her employment application. Law enforcement obtained a hair sample from Grant, which tested positive for the presence of fentanyl and hydrocodone.
Today’s plea agreement also cites Grant’s suspicious behavior with controlled substances at other facilities where she had previously worked, including HCA Overland Park Regional Medical Center, AdventHealth Shawnee Mission, and St. Joseph Medical Center.
Under federal statutes, Grant is subject to a sentence of up to four years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Trey Alford. It was investigated by the Food and Drug Administration, Office of Criminal Investigations and the Johnson County, Kan., Sheriff’s Department.
North Kingstown Man Charged with Transferring Obscene Material to a MinorRead the Press Release
PROVIDENCE – A North Kingstown man made an initial appearance in U.S. District Court in Providence on Wednesday, arrested by members of the Providence FBI Violent Crimes Against Children Task Force on a federal criminal complaint charging him with transfer of obscene material to a person under sixteen.
It is alleged that Neil Streich, 57, transferred obscene images of himself to a person he believed to be a 10-year-old girl.
It is alleged in court documents that for approximately three months Streich communicated online with an individual he believed to be a 10-year-old girl from Pennsylvania. During those communications he requested that the girl provide him with images to show that she was, in fact, a 10-year-old girl as she described to him. Three days after receiving a non-sexually explicit image from the purported 10-year-old, it is alleged that Streich began transmitting obscene images of himself to the girl.
The person Streich allegedly communicated with was, in fact, an undercover FBI Special Agent.
At the time of Streich’s arrested, FBI agents, with the assistance of North Kingstown Police and the United States Marshals Service, executed a court-authorized search of Streich’s residence and seized electronic devices allegedly owned by Streich. A preliminary forensic examination of the devices alleged revealed the online application and username used by Streich to communicate with the purported 10-year-old girl.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Streich appeared on Wednesday before U.S. District Court Magistrate Judge Patricia A. Sullivan and was released on unsecured bond.
Neil Streich’s arrest and initial appearance is announced by United States Attorney Aaron L. Weisman and Special Agent in Charge of the FBI Boston Division Joseph R. Bonavolonta.
The case is being prosecuted by Assistant U.S. Attorney John J. McAdams.
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