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9 June 2020
Health Technician Pleads Guilty to Hoax Threat at Veterans Affairs Southern Nevada Healthcare SystemRead the Press Release
LAS VEGAS, Nev. — Phuong Tang, 40, of Las Vegas, pleaded guilty today to placing envelopes containing a white powdery substance on his coworkers’ desks at the Veterans Affairs Southern Nevada Healthcare System, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada.
Tang pleaded guilty before U.S. District Judge Kent J. Dawson to an indictment charging one count of false information and hoax related to purported biological and chemical weapons. Tang is scheduled to be sentenced on June 23, 2020.
According to court documents and admissions that Tang made in court, on July 12, 2019, two envelopes containing an unknown white powdery substance were discovered at the VA Southern Nevada Healthcare System. The North Las Vegas Police Department, the Las Vegas Metropolitan Police Department, a HAZMAT team, the ARMOR Section, and Counter-Terrorism teams responded and evacuated employees. A presumptive test determined that the white powder within the envelopes were non-hazardous.
During a search of Tang’s vehicle, white powder residue was present and visible. When interviewed by law enforcement, Tang admitted to putting the envelopes containing the white powder on two coworkers’ desks.
At sentencing, Tang faces a maximum statutory penalty of five 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.
This case was the product of an investigation by the Department of Veterans Affairs Office of Inspector General, the North Las Vegas Police Department, and the Las Vegas Metropolitan Police Department. Special Assistant U.S. Attorney Rachel Kent is prosecuting the case.
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Harvard University Professor Indicted on False Statement ChargesRead the Press Release
BOSTON – The former Chair of Harvard University’s Chemistry and Chemical Biology Department was indicted today on charges of making false statements to federal authorities regarding his participation in China’s Thousand Talents Program.
Dr. Charles Lieber, 61, has been indicted by a federal grand jury on two counts of making false statements and will be arraigned in federal court in Boston at a later date. Lieber was arrested on Jan. 28, 2020 and charged by criminal complaint.
According to charging documents, since 2008, Dr. Lieber has served as the Principal Investigator of the Lieber Research Group at Harvard University, specializing in the area of nanoscience. Lieber’s research at the Lieber Research Group has been funded by more than $15 million in research grants from the National Institutes of Health (NIH) and Department of Defense (DOD). Among other things, these grants required the disclosure of all sources of research support, potential financial conflicts of interest and all foreign collaboration.
It is alleged that, unbeknownst to Harvard University, beginning in 2011, Lieber became a “Strategic Scientist” at Wuhan University of Technology (WUT) in China. He later became contractual participant in China’s Thousand Talents Plan from at least 2012 through 2015. China’s Thousand Talents Plan is one of the most prominent Chinese talent recruitment plans designed to attract, recruit, and cultivate high-level scientific talent in furtherance of China’s scientific development, economic prosperity and national security. According to court documents, these talent recruitment plans seek to lure Chinese overseas talent and foreign experts to bring their knowledge and experience to China, and they often reward individuals for stealing proprietary information. Under the terms of Lieber’s three-year Thousand Talents contract, WUT allegedly paid Lieber a salary of up to $50,000 USD per month, living expenses of up to 1 million Chinese Yuan (approximately $158,000 USD at the time) and awarded him more than $1.5 million to establish a research lab at WUT. In return, Lieber was obligated to work for WUT “not less than nine months a year” by “declaring international cooperation projects, cultivating young teachers and Ph.D. students, organizing international conference[s], applying for patents and publishing articles in the name of [WUT].”
It is alleged that in 2018 and 2019, Lieber lied to federal authorities about his involvement in the Thousand Talents Plan and his affiliation with WUT. On or about April 24, 2018, during an interview with federal investigators, it is alleged that Lieber falsely stated that he was never asked to participate in the Thousand Talents Program, but that he “wasn’t sure” how China categorized him. In November 2018, NIH inquired of Harvard about whether Lieber had failed to disclose his then-suspected relationship with WUT and China’s Thousand Talents Plan. Lieber allegedly caused Harvard to falsely tell NIH that Lieber “had no formal association with WUT” after 2012, that “WUT continued to falsely exaggerate” his involvement with WUT in subsequent years, and that Lieber “is not and has never been a participant in” China’s Thousand Talents Plan.
The charge of making false statements provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Assistant Attorney General for National Security John C. Demers; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Leigh-Alistair Barzey, Special Agent in Charge of the Defense Criminal Investigative Service, Northeast Field Office; and Philip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General made this announcement. Assistant U.S. Attorneys Jason Casey and Benjamin Tolkoff of Lelling’s National Security Unit are prosecuting this case with the assistance of Trial Attorney David Aaron of the National Security Division’s Counterintelligence and Export Control Section.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Harvard University Professor Indicted on False Statement ChargesRead the Press Release
The former Chair of Harvard University’s Chemistry and Chemical Biology Department was indicted today on charges of making false statements to federal authorities regarding his participation in China’s Thousand Talents Program.
Dr. Charles Lieber, 61, has been indicted by a federal grand jury on two counts of making false statements and will be arraigned in federal court in Boston at a later date. Lieber was arrested on Jan. 28, 2020, and charged by criminal complaint.
According to charging documents, since 2008, Dr. Lieber has served as the Principal Investigator of the Lieber Research Group at Harvard University, specializing in the area of nanoscience. Lieber’s research at the Lieber Research Group has been funded by more than $15 million in research grants from the National Institutes of Health (NIH) and Department of Defense (DOD). Among other things, these grants required the disclosure of all sources of research support, potential financial conflicts of interest and all foreign collaboration.
It is alleged that, unbeknownst to Harvard University, beginning in 2011, Lieber became a “Strategic Scientist” at Wuhan University of Technology (WUT) in China. He later became contractual participant in China’s Thousand Talents Plan from at least 2012 through 2015. China’s Thousand Talents Plan is one of the most prominent Chinese talent recruitment plans designed to attract, recruit, and cultivate high-level scientific talent in furtherance of China’s scientific development, economic prosperity and national security. According to court documents, these talent recruitment plans seek to lure Chinese overseas talent and foreign experts to bring their knowledge and experience to China, and they often reward individuals for stealing proprietary information. Under the terms of Lieber’s three-year Thousand Talents contract, WUT allegedly paid Lieber a salary of up to $50,000 USD per month, living expenses of up to 1 million Chinese Yuan (approximately $158,000 USD at the time) and awarded him more than $1.5 million to establish a research lab at WUT. In return, Lieber was obligated to work for WUT “not less than nine months a year” by “declaring international cooperation projects, cultivating young teachers and Ph.D. students, organizing international conference[s], applying for patents and publishing articles in the name of [WUT].”
It is alleged that in 2018 and 2019, Lieber lied to federal authorities about his involvement in the Thousand Talents Plan and his affiliation with WUT. On or about April 24, 2018, during an interview with federal investigators, it is alleged that Lieber falsely stated that he was never asked to participate in the Thousand Talents Program, but that he “wasn’t sure” how China categorized him. In November 2018, NIH inquired of Harvard about whether Lieber had failed to disclose his then-suspected relationship with WUT and China’s Thousand Talents Plan. Lieber allegedly caused Harvard to falsely tell NIH that Lieber “had no formal association with WUT” after 2012, that “WUT continued to falsely exaggerate” his involvement with WUT in subsequent years, and that Lieber “is not and has never been a participant in” China’s Thousand Talents Plan.
The charge of making false statements provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General for National Security John C. Demers; U.S. Attorney for the District of Massachusetts Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Leigh-Alistair Barzey, Special Agent in Charge of the Defense Criminal Investigative Service, Northeast Field Office; and Philip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General made this announcement. Assistant U.S. Attorneys Jason Casey and Benjamin Tolkoff of Lelling’s National Security Unit are prosecuting this case with the assistance of Trial Attorney David Aaron of the National Security Division’s Counterintelligence and Export Control Section.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Hot Springs Woman Sentenced to 8 Years in Federal Prison for Drug TraffickingRead the Press Release
Hot Springs, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas, announced yesterday that Laurie Hooks-Lowrey, age 51, of Hot Springs, AR, was sentenced to a total of 96 months in federal prison followed by 3 years of supervised release on one count of Distribution of a Mixture or Substance Containing a Detectable amount of Methamphetamine. The Honorable Judge Susan O. Hickey presided over the sentencing hearing in the United States District Court in Hot Springs.
According to court records, on or about October 17, 2019, Hooks-Lowrey distributed over 25 grams of methamphetamine. The court records also revealed that she distributed methamphetamine on at least four other occasions prior to October of 2019.
Hooks-Lowrey was indicted by a federal grand jury in November of 2019, and entered a guilty plea in February of 2020.
This case was investigated by the 18th East Judicial District Drug Task Force and Homeland Security Investigations Division. Assistant United States Attorney Bryan Achorn and Special Assistant United States Attorney Trent Daniels prosecuted the case for the Western District of Arkansas.
Grand Jury Indicts Erie Man on Arson Charge for Intentional Fire at Ember + Forge Coffee ShopRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, has been indicted by a federal grand jury in Erie on a charge of malicious destruction of property by fire, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Melquan Barnett, 28, as the sole defendant. Barnett has been ordered detained pending trial.
According to the Indictment presented to the court, Barnett set fire to the Ember + Forge building located at 401 State Street in Erie on May 30, 2020.
The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Erie Police Department conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Fifth Tennessee Correctional Officer Pleads Guilty to Civil Rights Offense for Beating Inmate and Conspiring to Cover up the IncidentRead the Press Release
Jonathan York, 33, pleaded guilty to using unlawful force on an inmate and then conspiring to cover up the incident while York was serving as a correctional officer with the Tennessee Department of Corrections, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, U.S. Attorney for the Western District of Tennessee D. Michael Dunavant, and FBI-Memphis Special Agent in Charge M.A. Myers.
“The Justice Department does not tolerate assault by correctional officers of the people they are charged with protecting,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We work tirelessly to protect the civil rights of all citizens.”
"Correctional officers must abide by and adhere to the same laws they take an oath to uphold and enforce,” said U.S. Attorney D. Michael Dunavant for the Western District of Tennessee. “Instead of serving and protecting the public, this officer used unlawful and excessive physical force to violate the civil rights of an individual by repeatedly punching and injuring him. As a result, he will now be held accountable, vividly illustrating that no one is above the law.”
With his guilty plea, York admitted that, on Feb. 1, he and other correctional officers entered the cell of R.T., an inmate in the mental health unit at the Northwest County Correctional Complex in Tiptonville, Tennessee. York asked a fellow officer to cover the surveillance camera in the cell. R.T. was seated in the cell and did not pose a threat to the officers. York punched R.T. in retaliation for R.T. spitting earlier. York punched R.T. in the neck, face, back, and chest. York admitted to punching R.T. around 30 times. York’s punches caused visible injury to R.T. and caused him to bleed.
With his guilty plea, York admitted that two other correctional officers punched R.T. York stood by and watched as those officers assaulted R.T. The supervisory officer in the cell also did not intervene to stop York or the other officers from punching R.T.
After the assault of R.T., York spoke with other correctional officers and the supervisory officer. The supervisory officer told the group to say that R.T.’s injuries were self-inflicted. York understood that the supervisory officer was directing them to relay a false cover story. When York spoke to other staff members immediately after the incident, he did not provide complete information about what happened inside R.T.’s cell. In the days after the assault, York spoke to a correctional officer who had also been in R.T.’s cell. They agreed to falsely claim that R.T. injured himself.
With today’s guilty plea, York admitted that he violated 18 U.S.C. § 242 when he repeatedly punched and injured inmate R.T. without legal justification and that he violated 18 U.S.C. § 371 when he conspired to cover up the incident. The maximum penalty is 10 years imprisonment for the civil rights offense and 5 years imprisonment for the conspiracy offense. Sentencing is set to take place on Jan. 5, 2021.
Previously, former correctional officers Nathaniel Griffin, Tanner Penwell, Carl Spurlin, Jr., and Cadie McAlister entered guilty pleas for criminal offenses arising out of the assault of inmate R.T.
This case was investigated by the Memphis Division of the FBI with the support of the Tennessee Department of Corrections, and is being prosecuted by Trial Attorney Rebekah J. Bailey of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney David Pritchard of the U.S. Attorney’s Office for the Western District of Tennessee.
Fayetteville Man Sentenced to 16 Years for Drug and Weapons OffensesRead the Press Release
GREENVILLE, N.C. – A Fayetteville man was sentenced today to 192 months in prison for Possession with Intent to Distribute Heroin, Possession of Firearms by a Convicted Felon, and Possession of Firearms in Furtherance of a Drug Trafficking Crime.
According to court documents, Sedale Lee Council, 29, committed a series of drug and weapons related offenses in Fayetteville from January 2019 through his federal arrest in June of 2019. In January of 2019, investigators executed a search warrant at Council’s residence and recovered a firearm that Council used in the armed robbery and kidnapping of a Fayetteville man. In May of 2019, investigators searched Council’s residence in connection with an investigation into a shooting into an occupied dwelling. They recovered the handgun that was used in that shooting as well as an additional handgun and trafficking amounts of cocaine and heroin. Finally, in June of 2019, investigators located approximately one hundred grams of heroin and items used to package drugs for sale in Council’s possession.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Senior U.S. District Judge Malcolm J. Howard. The Fayetteville Police Department, Cumberland County Sheriff’s Office, Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Drug Enforcement Administration investigated the case and Special Assistant U.S. Attorney Caroline Webb 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-00276-H.
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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.
Fifth Former Tennessee Correctional Officer Pleads Guilty to Civil Rights Offense for Beating Inmate and Conspiring to Cover up the IncidentRead the Press Release
MEMPHIS, TN – Jonathan York, 33, pleaded guilty to using unlawful force on an inmate and then conspiring to cover up the incident while York was serving as a correctional officer with the Tennessee Department of Corrections, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, U.S. Attorney for the Western District of Tennessee D. Michael Dunavant, and FBI-Memphis Special Agent in Charge M.A. Myers.
"The Justice Department does not tolerate assault by correctional officers of the people they are charged with protecting," said Assistant Attorney General Eric Dreiband of the Civil Rights Division. "We work tirelessly to protect the civil rights of all citizens."
"Correctional officers must abide by and adhere to the same laws they take an oath to uphold and enforce," said U.S. Attorney D. Michael Dunavant for the Western District of Tennessee. "Instead of serving and protecting the public, this officer used unlawful and excessive physical force to violate the civil rights of an individual by repeatedly punching and injuring him. As a result, he will now be held accountable, vividly illustrating that no one is above the law."
With his guilty plea, York admitted that, on Feb. 1, he and other correctional officers entered the cell of R.T., an inmate in the mental health unit at the Northwest County Correctional Complex in Tiptonville, Tennessee. York asked a fellow officer to cover the surveillance camera in the cell. R.T. was seated in the cell and did not pose a threat to the officers. York punched R.T. in retaliation for R.T. spitting earlier. York punched R.T. in the neck, face, back, and chest. York admitted to punching R.T. around 30 times. York’s punches caused visible injury to R.T. and caused him to bleed.
With his guilty plea, York admitted that two other correctional officers punched R.T. York stood by and watched as those officers assaulted R.T. The supervisory officer in the cell also did not intervene to stop York or the other officers from punching R.T.
After the assault of R.T., York spoke with other correctional officers and the supervisory officer. The supervisory officer told the group to say that R.T.’s injuries were self-inflicted. York understood that the supervisory officer was directing them to relay a false cover story. When York spoke to other staff members immediately after the incident, he did not provide complete information about what happened inside R.T.’s cell. In the days after the assault, York spoke to a correctional officer who had also been in R.T.’s cell. They agreed to falsely claim that R.T. injured himself.
With today’s guilty plea, York admitted that he violated 18 U.S.C. § 242 when he repeatedly punched and injured inmate R.T. without legal justification and that he violated 18 U.S.C. § 371 when he conspired to cover up the incident. The maximum penalty for the civil rights offense is 10 years imprisonment and 5 years imprisonment for the conspiracy offense.
Previously, former correctional officers Nathaniel Griffin, Tanner Penwell, Carl Spurlin, Jr., and Cadie McAlister entered guilty pleas for criminal offenses arising out of the assault of inmate R.T.
This case was investigated by the Memphis Division of the FBI with the support of the Tennessee Department of Corrections, and is being prosecuted by Trial Attorney Rebekah J. Bailey of the Justice Department’s Civil Rights Division and Assistant United States Attorney David Pritchard of the U.S. Attorney’s Office for the Western District of Tennessee.
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FCI-McKean Inmate Charged with Possessing Drugs in PrisonRead the Press Release
ERIE, Pa. - An inmate at the McKean Federal Correctional Institution in Bradford, Pennsylvania has been indicted by a federal grand jury in Erie on a charge of possession of contraband in prison, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Hector Palmero, 38, as the sole defendant.
According to the Indictment presented to the court, on August 29, 2019, Palmero was in possession of contraband marijuana, buprenorphine, and oxycodone while an inmate at the McKean Federal Correctional Institution.
The law provides for a maximum total sentence of 25 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Paul S. Sellers is prosecuting this case on behalf of the government.
Officers of the McKean Federal Correctional Institution 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.
Essex County Man Admits Participation in Heroin ConspiracyRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man today admitted his role as a member of a heroin trafficking conspiracy, U.S. Attorney Craig Carpenito announced.
Raheem Tarry, 34, of Newark, pleaded guilty by video conference before U.S. District Judge Susan D. Wigenton to two counts of a third superseding indictment charging him with one count of conspiracy to distribute and possess with intent to distribute one kilogram of more of heroin and distribution of heroin and possession of heroin with intent to distribute.
According to documents filed in this case and statements made in court:
Tarry and others were members of a drug trafficking organization that dealt heroin and crack cocaine in and around Newark, specifically Hayes Street and 14th Avenue in the area of the New Community Corporation housing development (NCC). The organization is comprised of members of the Brick City Brim set of the Bloods street gang.
The investigation revealed that in addition to selling narcotics, members of the organization alerted each other to police and rival gang member or drug dealer presence within NCC; shared narcotics supply, narcotics proceeds, and customers; and raised bail money for each other following arrests. Members of the organization have also engaged in violence and been the subject of violence in connection with their narcotics trafficking activities.
Between March and August 2018, Tarry and 27 other individuals were charged by criminal complaint with conspiracy to distribute heroin and cocaine base; one individual also was charged with firearms offenses relating to his drug trafficking. On Aug. 20, 2019, a grand jury returned a 22-count third superseding indictment charging Tarry and four other defendants with conspiracy to distribute one kilogram or more of heroin and various other drug and firearms offenses; the alleged leader of the organization also was charged with participating in a continuing criminal enterprise. The charges in the complaint and third superseding indictment remain pending as to several of the defendants and one is charged in a separate indictment. They are presumed innocent unless and until proven guilty.
The heroin trafficking conspiracy count to which Tarry pleaded guilty carries a mandatory minimum penalty of 10 years in prison, a maximum potential penalty of life in prison, and a $10 million fine. The drug distribution and possession with intent to distribute count to which Tarry pleaded guilty carries a maximum potential penalty of 20 years in prison, and a $1 million fine. Sentencing is scheduled for Oct. 14, 2020.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Acting Special Agent in Charge Douglas Korneski in Newark, and members of the Newark Department of Public Safety, under the direction of Director Anthony F. Ambrose, with the investigation leading to today’s guilty plea. He also thanked the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, the New Jersey Department of Corrections, the New Jersey State Parole Commission, and the U.S. Marshals for their assistance.
The case was investigated as part of the Violent Crime Initiative (VCI). The VCI was formed in August 2017 by the U.S. Attorney’s Office for the District of New Jersey, the Essex County Prosecutor’s Office, and the City of Newark’s Department of Public Safety for the purpose of combatting violent crime in and around Newark. As part of this partnership, federal, state, county, and city agencies collaborate and pool resources to prosecute violent offenders who endanger the safety of the community. The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the DEA, the U.S. Marshals, the Newark Department of Public Safety, the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, N.J. State Parole, Union County Jail, N.J. State Police Regional Operations and Intelligence Center/Real Time Crime Center, N.J. Department of Corrections, the East Orange Police Department, and the Irvington Police Department.
The government is represented by Assistant U.S. Attorneys Elaine K. Lou and Christopher D. Amore of the U.S. Attorney’s Office in Newark.
Erie Felon Charged with Illegal Possession of a Gun and AmmunitionRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania has been indicted by a federal grand jury in Erie on a charge of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
The one-count indictment named Douglas Jermaine Jordan, 47, as the sole defendant.
According to the indictment presented to the court, on or about April 25, 2020, Jordan possessed a firearm and ammunition while being a convicted felon.
The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Paul S. Sellers is prosecuting this case on behalf of the government.
The Erie Police Department conducted the investigation leading to the indictment in this case. Project Safe Neighborhoods (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 www.justice.gov/projectguardian.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Eleventh Circuit Court of Appeals Upholds Convictions and Lengthy Sentences of Texas Lawyer and Another for International Money Laundering Conspiracy and Mail and Wire Fraud ConspiracyRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that the United States Court of Appeals for the Eleventh Circuit has upheld the convictions of Priscilla Ann Ellis (Killeen, Texas) and Perry Don Cortese (Little River, Texas) on charges that they had participated in an extensive mail and wire fraud conspiracy and an international money laundering conspiracy. The court also affirmed Ellis’s statutory maximum 40-year sentence and Cortese’s 25-year sentence. (Last year, the court upheld Ellis’s 65-year sentence in a separate, related case, in which she was convicted of murder-for-hire, witness retaliation, and securities counterfeiting.)
Ellis and Cortese were charged in a superseding indictment in 2015. According to the evidence presented at their trial, both were members of an international criminal organization that defrauded dozens of victims across the United States and then laundered the proceeds/profits, sending much of the money overseas. The fraud schemes took several forms.
Many victims were law firms that were solicited online to perform legal work, were sent counterfeit cashier’s checks for deposit into the firms’ trust accounts, and were then directed to wire transfer money to third-party shell businesses controlled by the conspirators. Other victims were title companies defrauded in phony real-estate transactions. Still other victims were targeted and defrauded by fake suitors on dating websites. The conspirators also employed hackers who compromised both individual and corporate e-mail accounts, ordering wire transfers from brokerage and business accounts to shell accounts that the conspirators controlled.
Victims were instructed to wire transfer money into bank accounts held by conspirators, known as “money mules.” The funds were then quickly moved to other accounts in the United States and around the world, before the victims could discover the fraud. Bank records presented at trial showed that, from 2012 to 2015, several million dollars’ worth of wires were received in accounts to be laundered. Conspirators in Canada, Nigeria, South Korea, Senegal, and elsewhere helped coordinate the fraud and money-laundering activity from abroad.
Both Ellis and Cortese challenged their convictions and sentences on appeal. But the Eleventh Circuit Court of Appeals held that “the evidence presented at trial showed that Ellis was deeply involved in the operation of the scheme.” A coconspirator had “sent her information about counterfeit checks to be created,” she had worked with other coconspirators “to create and print the counterfeit checks used by the conspiracy,” and she had brought others into the scheme. In addition, “[m]illions of dollars of fraudulent proceeds were routed through the bank account of a corporation she controlled.”
Cortese, who was a licensed attorney in Texas at the time, worked for the conspirators by laundering victims’ money through his law firm’s trust accounts. The Eleventh Circuit determined that Cortese had “intervene[d] when necessary to ‘unfreeze’ accounts that had been locked by banks because of suspicious transactions” and had “worked closely with Ellis,” with “funds from many of the scams Ellis was involved in flow[ing] through his law firm trust account.”
The court of appeals also upheld the district court’s finding at sentencing that Ellis and Cortese were each accountable for an intended loss of $15 million. That finding, the court said, was “firmly supported by the evidence.” And, the court affirmed the district court’s determination at sentencing that Cortese had used his special skills as a lawyer when committing the offenses.
This case was investigated by the Federal Bureau of Investigation, with assistance from federal and local law enforcement partners throughout the country, including the United States Postal Inspection Service and the Toronto Police Service in Ontario, Canada. The case was prosecuted by Assistant United States Attorney Patrick Scruggs. Assistant United States Attorneys Linda Julin McNamara and David P. Rhodes represented the United States on appeal.
El Paso Man Pleads Guilty to Role in Scheme to Sell Protected CactiRead the Press Release
In Pecos today, 47-year-old Harry George Bock, II, pleaded guilty to his role in a scheme to illegally sell protected living rock cactus plants, announced U.S. Attorney John F. Bash; Phillip Land, Special Agent in Charge of the U.S. Fish and Wildlife Service (FWS), Office of Law Enforcement of the Southwest Region; and, Homeland Security Investigations (HSI) Acting Special Agent in Charge Erik P. Breitzke, El Paso Division.
Appearing before U.S Magistrate Judge David Fannin, Bock pleaded guilty to one count of mislabeled exports. According to court records, from May 2017 to August 2018, Bock conspired with others in a scheme whereby they submitted false identification of actual living rock cacti (Ariocarpus fissuratus), a protected species, with the intent to export and sell the plants for financial gain. On May 14, 2018, 41 living rock cacti shipped by Bock were seized by authorities at the International Mail Facility in Chicago, IL.
In 2012, Texas-based FWS Special Agents uncovered a substantial trafficking organization smuggling thousands of protected living rock cactus from the Big Bend region of Western Texas. Cooperative investigative work led to the execution of six residential search warrants served mostly in remote areas of far southwest Texas where the living rock cacti naturally occur. The living rock cacti were advertised through internet sales and mostly consummated with end purchasers from Europe and Asia. Several parcels containing the live cacti were intercepted at international mail facilities and were found to be falsely labeled which substantiated felony charges to the sellers.
“When you mess with protected Texas cacti, you’re messing with Texas. My office will continue to work with our law-enforcement partners to protect our State’s natural heritage,” stated U.S. Attorney Bash.
The living rock cacti are afforded protection through the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and listed as Appendix I protected plant species that prohibit foreign commerce. The CITES Appendix I listing categories the species as threatened with extinction and limits international movements to scientific research and zoological display.
Bock remains on bond pending formal sentencing. No sentencing date has been scheduled. Five other individuals have been prosecuted and sentenced in relation to this scheme.
“Breaking up international and domestic smuggling rings that target imperiled plants and animals is an important part of the U.S. Fish and Wildlife Service’s work,” said FWS Special Agent in Charge Land. “This case demonstrates how cooperation between enforcement agencies can achieve strong results. We thank our partners at the National Park Service, Department of Homeland Security, Texas Parks and Wildlife Department, the U.S. Postal Service, and the U.S. Department of Agriculture for their help with this case.”
“Individuals who deal in protected native plants are not only doing damage to the environment, but they are stealing from the American people,” said HSI Acting Special Agent in Charge Breitzke. “HSI will continue to work with our law enforcement partners to investigate and prosecute these criminals to ensure the protection of these West Texas natural treasures.”
Thousands of live cacti seized by law enforcement during this investigation were cared for and donated to non-profit entities through assistance from the Sul Ross State University.
Assistant U.S. Attorney James J. Miller, Jr., is prosecuting this case on behalf of the government.
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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.
East Saint Louis Man Sentenced to 216 Months in Prison for Child PornographyRead the Press Release
St. Louis – Parris Guyton, 48, of East Saint Louis, IL, was sentenced to 216 months in prison for receipt of child pornography. Guyton appeared in federal court today before United States Judge Rodney W. Sippel.
On December 14, 2018, the North County Precinct of the St. Louis County, Missouri Police Department contacted the St. Louis Child Exploitation Task Force in reference to a sexual assault and production of child pornography. The victim, age 15, was taken to the St. Louis County, Missouri Police Headquarters by her parents. The victim identified Guyton as an individual who had sexual intercourse with her and subsequently attempted to have her prostituted.
Guyton began chatting with the victim through an online social media application (Tagged), in September 2018. From September to December 2018, Guyton had numerous instances of sexual contact with the minor victim including instances that involved one or more adult persons and sexual contact involving force. During this time frame, Guyton successfully persuaded the minor victim to send him numerous videos showing the minor victim in various sexual poses and engaged in sexual activity.
The Federal Bureau of Investigation, Saint Louis County Police Department and the Saint Louis Child Exploitation Task Force diligently investigated this case. Assistant United States Attorney Dianna Collins prosecuted the case.
Durham Tax Preparer Sentenced to 30 Months in Prison for Tax FraudRead the Press Release
WINSTON-SALEM, N.C. B Matthew G.T. Martin, United States Attorney for the Middle District of North Carolina, announced today that SASHA SHABLEY JACKSON was sentenced to 30 months of imprisonment for aiding and abetting the preparation of false tax returns.
JACKSON, age 33, of Durham, N.C., had pleaded guilty before Chief United States District Judge Thomas D. Schroeder in federal court in Winston-Salem on March 6, 2020, to one count of tax fraud, in violation of 26 U.S.C. § 7206(2). Chief Judge Schroeder sentenced JACKSON on June 9, 2020.
According to documents filed with the court, JACKSON owned and operated Top Notch Professional Tax Services, in Durham, North Carolina, preparing tax returns for clients from 2015 to 2019. During that time, she knowingly and willfully prepared and caused to be filed with the IRS income tax returns that were materially false. The false items including false dependents, false income, false education credits, and false fuel tax credits, all of which produced fraudulently inflated refunds. The IRS determined that the tax loss attributable to JACKSON’s misconduct is $1,196,263.
In addition to the active sentence, JACKSON was ordered to serve a one year term of supervised release, pay a fine of $10,000, and pay restitution in the amount of $1,196,263. The case was investigated by Internal Revenue Service – Criminal Investigations. The case was prosecuted by Assistant United States Attorney Tanner Kroeger.
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Dominican National Pleads Guilty to Distributing FentanylRead the Press Release
BOSTON – A Dominican national previously residing in Methuen pleaded guilty yesterday in federal court in Boston to distributing fentanyl.
Milton Elias Lara, 42, pleaded guilty to distribution of and possession with intent to distribute 40 grams or more of fentanyl. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for Aug. 31, 2020. In July 2019, Lara was arrested and charged.
During the course of an investigation, Lara was identified as a fentanyl distributor operating in the Merrimack Valley. A search of Lara’s apartment resulted in the seizures of approximately 289 grams of fentanyl, 24 grams of cocaine, and drug packaging tools and materials.
The charge of distribution of and possession with intent to distribute 40 grams or more of fentanyl carries a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; and Tewksbury Police Chief Timothy Sheehan made the announcement. Valuable assistance was provided by Homeland Security Investigations and the Andover, Billerica, Lawrence, Lowell, Methuen, and North Andover Police Departments. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
Detroit Lakes Man Sentenced to 132 Months in Prison for Distributing Methamphetamine on the White Earth ReservationRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of ERIC RYAN BERGSTROM, 38, to 132 months in prison for possession with intent to distribute methamphetamine. BERGSTROM, who pleaded guilty on December 17, 2019, was sentenced today before Senior Judge Paul A. Magnuson in U.S. District Court in St. Paul, Minnesota.
According to the defendant’s guilty plea and documents filed in court, in July 2019, law enforcement learned that BERGSTROM was bringing large quantities of methamphetamine to the White Earth Reservation. On August 11, 2019, law enforcement installed a tracking device on BERGSTROM’s vehicle. Approximately one week later, BERGSTROM was located at a residence near Wadena, Minnesota, where he was attempting to dismantle the tracking device. Law enforcement responded to the residence and took BERGSTROM into custody. Following the arrest, law enforcement recovered three grams of methamphetamine on BERGSTROM’s person and approximately seven ounces of methamphetamine hidden in the backseat of BERGSTROM’s vehicle.
This case is the result of an investigation conducted by the FBI Headwaters Safe Trails Task Force, the West Central Drug and Violent Crime Task Force, Paul Bunyan Drug Task Force, the White Earth Police Department, the Becker County Sheriff’s Office, and the Ottertail County Sheriff’s Office.
Assistant United States Attorney Deidre Y. Aanstad prosecuted the case.
Defendant Information:
ERIC RYAN BERGSTROM, 38
Detroit Lakes, Minn.
Convicted:
- Possession with intent to distribute methamphetamine, 1 count
Sentenced:
- 132 months in prison
- Five years of supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Department of Justice Awards Nearly $400 Million for Law Enforcement Hiring to Advance Community PolicingRead the Press Release
Spokane – The Department of Justice has announced nearly $400 million in grant funding through the Department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The Attorney General announced funding awards to 596 law enforcement agencies across the nation, which allows those agencies to hire 2,732 additional full-time law enforcement professionals. The awards announced are inclusive of the $51 million announced in May as part of Operation Relentless Pursuit.
In the Eastern District of Washington, grants were awarded to the following:
- Colfax Police Department, receiving $250,000
- Moses Lake Police Department, receiving $250,000
- Othello Police Department, receiving $125,000
- City of Soap Lake, receiving $250,000
“The Department of Justice is committed to providing the police chiefs and sheriffs of our great nation with needed resources, tools, and support. The funding announced today will bolster their ranks and contribute to expanding community policing efforts nationwide,” said Attorney General William P. Barr. “A law enforcement agency’s most valuable assets are the men and women who put their lives on the line every day in the name of protecting and serving their communities.”
The COPS Hiring Program is a competitive award program intended to reduce crime and advance public safety through community policing by providing direct funding for the hiring of career law enforcement officers. In addition to providing financial support for hiring, CHP provides funding to state, local, and tribal law enforcement to enhance local community policing strategies and tactics. In a changing economic climate, CHP funding helps law enforcement agencies maintain sufficient sworn personnel levels to promote safe communities. Funding through this program had been on hold since the spring of 2018 due to a nationwide injunction that was lifted earlier this year.
CHP applicants were required to identify a specific crime and disorder problem focus area and explain how the funding will be used to implement community policing approaches to that problem focus area. 43 percent of the awards announced today will focus on violent crime, while the remainder of the awards will focus on a variety of issues including school-based policing to fund school resource officer positions, building trust and respect, and opioid education, prevention, and intervention. The COPS Office received nearly 1,100 applications requesting more than 4,000 law enforcement positions.
The complete list of awards can be found here https://cops.usdoj.gov/pdf/2020AwardDocs/chp/Award_List.pdf?utm_medium=email&utm_source=govdelivery
To learn more about CHP, please visit https://cops.usdoj.gov/chp. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Department of Justice Awards Additional $8.4 Million to Municipalities in Northern Illinois to Address COVID-19 PandemicRead the Press Release
CHICAGO — John R. Lausch, Jr., United States Attorney for the Northern District of Illinois, today announced that, over the past several weeks, the city of Chicago and other municipalities in northern Illinois received more than $8.4 million in Department of Justice grants to respond to challenges posed by the COVID-19 pandemic. The newly announced grants follow similar allocations from the Department in April of more than $20 million.
The grants were made pursuant to the Coronavirus Emergency Supplemental Funding program, which was authorized by recent legislation signed by President Trump. The law gives jurisdictions considerable latitude in the use of these funds for dealing with COVID-19. Potential uses include hiring personnel, paying overtime, purchasing protective equipment, and distributing resources to hard-hit areas. Funds may also be used to help correctional facilities cover costs related to the virus, including, but not limited to, sanitation, contagion prevention, and measures designed to address the related medical needs of inmates, detainees, and correctional personnel.
“The Justice Department remains committed to helping offset the enormous costs incurred by local municipalities in the fight against COVID-19,” said U.S. Attorney Lausch. “These important federal funds will provide critical resources to the city of Chicago and other municipalities throughout northern Illinois working to keep people safe during the pandemic.”
The recipients and awards announced today are as follows:
- City of Chicago: $6,785,503
- City of Rockford: $572,968
- City of Aurora: $144,486
- City of Joliet: $119,390
- City of Waukegan: $95,895
- City of Harvey: $65,348
- Town of Cicero: $61,259
- Lake County: $58,008
- DeKalb County: $58,008
- Kane County: $58,008
- City of Elgin: $56,526
- City of DeKalb: $49,712
- Cook County: $48,349
- Village of Maywood: $48,268
- Village of Skokie: $39,849
- City of Zion: $35,200
- City of Berwyn: $34,878
- Village of Bolingbrook: $34,797
- Village of Riverdale: $33,918
- City of Blue Island: $33,354
For a list of all awards in northern Illinois and across the country thus far, visit the Coronavirus Emergency Supplemental Funding program webpage.
The Justice Department continues to move quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications. Local jurisdictions can determine if they are eligible and apply immediately by visiting the website of the Bureau of Justice Assistance, a component of the Office of Justice Programs (OJP).
“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for OJP. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”
OJP provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims, and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
Columbus man sentenced to prison for gun crime related to 2018 shooting at Weinland ParkRead the Press Release
COLUMBUS, Ohio – A Columbus man was sentenced in U.S. District Court today to 41 months in prison for crimes related to a 2018 summer shooting that involved 5-year-old and 10-year-old victims.
Keveante Deshawn Smoot, 28, pleaded guilty in May 2020 to illegally possessing a firearm as a previously convicted felon.
According to court documents, on August 11, 2018, Columbus Division of Police officers responded to Weinland Park on Summit Street on a call for service regarding several shots fired at the park.
Two of the reported victims were adults and two were children, ages five and 10. Smoot was identified as a victim in the shooting, and was driven to a local hospital by an associate to receive medical care for a gunshot wound to his arm.
The associate’s car was later searched as evidence related to the shooting, and Smoot’s DNA was discovered on a 9mm pistol in the car.
Further, according to an affidavit in Smoot’s case, jail emails and calls between Smoot and others state that Smoot possessed a firearm at the Weinland Park shooting and that he fired shots.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Jonathan McPherson, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Columbus Police Chief Thomas Quinlan announced the sentence imposed today by U.S. District Court Judge Sarah D. Morrison. Assistant United States Attorney Jonathan J.C. Grey and Special Assistant United States Attorney Christopher N. St. Pierre are representing the United States in this case.
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Co-Owner of Puerto Rican Online Aquarium Business Pleads Guilty to Illicit Trafficking of Protected Reef CreaturesRead the Press Release
A former resident of Hormigueros, Puerto Rico, pleaded guilty today to export smuggling and two felony violations of the Lacey Act for collecting, falsely labeling, and shipping protected marine invertebrate species as part of an effort to subvert Puerto Rican law designed to protect corals and other reef species, the Department of Justice announced.
Raymond Michael Torres Ramos, 45, pleaded guilty before U.S. District Judge Raúl M. Arias-Marxuach in the District of Puerto Rico, and will be sentenced on Nov. 13, 2020.
“The illegal harvest and trafficking of reef species is a significant problem that contributes to habitat destruction, coastal erosion, and the decline of coral ecosystems worldwide,” said Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division. “The Department of Justice and its partners will continue to investigate and prosecute those who violate our environmental laws for illicit commercial gain.”
“Prosecutions like this one are important because, by holding companies and businessmen accountable for the harm they cause to the ocean’s ecosystem, we do our part to protect our natural resources,” said U.S. Attorney W. Stephen Muldrow of the District of Puerto Rico. “Puerto Rico is surrounded by the beauty of the Caribbean Sea and the Atlantic Ocean, and those who intentionally damage our reefs must be held accountable for their criminal conduct.”
“Protection of our nation’s marine life resources is of utmost importance in this world. Marine life species such as Florida Ricordea and live rock that they are attached to are part of a complex marine reef ecosystem that is unique and fragile,” said David Pharo, Resident Agent in Charge of for the U.S. Fish and Wildlife Service (USFWS), Office of Law Enforcement. “Cooperative investigations such as this too often expose these resources are illegally harvested and trafficked domestically and internationally. Just as these species were hammered and chiseled from their natural reef environment, the U.S. Fish and Wildlife Service and partner agencies will continue to hammer and chisel away at those who traffic and profit from such unlawful activities.”
“This case highlights the great investigative collaboration in dismantling a concerted effort to profit from the destruction of the delicate marine ecosystem in Puerto Rico,” said Tracy A. Dunn, Assistant Director in charge of the National Oceanic and Atmospheric Administration (NOAA) Office of Law Enforcement, Southeast Division. “NOAA's main mission is the protection of living marine resources and habitat for future generations. The agency's enforcement personnel take this responsibility seriously and work diligently to detect and collect evidence against those who would seek to profit from the over-harvest and trade in illegally taken marine species. I applaud the coordinated efforts of NOAA, USFWS, and DOJ to successfully bring Mr. Torres to justice.”
Torres was the co-owner of the San Sebastian, Puerto Rico-based saltwater aquarium business, Carebbean Reefers (spelling error intentional) that also operated online through the eBay store “Redragon1975”. A large part of the business was devoted to the sale of native Puerto Rican marine species that are popular in the saltwater aquarium trade.
Torres sent illegally collected live specimens to customers in the mainland United States and foreign countries by commercial courier services. One of the most popular items that Torres and his business sent off-island was an organism from the genus Ricordea. These animals are known as “rics,” “polyps,” or “mushrooms” in the aquarium industry. Members of the genus form part of the reef structure and spend their adult lives fastened in place to the reef. These animals are colorful in natural light, but what makes them particularly interesting to aquarium owners is that they “glow” under the UV lights that are typically used in high-end saltwater aquariums.
It is illegal to harvest Ricordea, zoanthids, and anemones in Puerto Rico if the specimens are going to be sent off-island or otherwise sold commercially, nor is there a permit available to do so. Torres personally collected some of the Ricordea and other reef creatures that he sold off-island. On multiple occasions, he would accompany another person and they would snorkel from the shoreline in search of Ricordea. Because Ricordea are attached to the reef substrate, Torres would utilize a chisel to break off the animals, and in doing so, take chunks of the reef with him.
In order to cover up the nature of his shipments and to avoid detection from governmental inspection authorities, Torres would falsely label many of his live shipments as inanimate objects. From January 2014 to March 2016, Torres sent or caused to be sent at least 100 shipments of marine species that were illegally harvested in the waters of Puerto Rico. While there is some variation in the price of Ricordea depending on coloration, size, and other factors, the aggregate retail value of illegal Ricordea shipped by Torres was worth approximately $400,000
This case was investigated as part of Operation Rock Bottom and Operation Borinquen Chisel by special agents of USFWS and NOAA with support from the USFWS inspectors. The case is being prosecuted by Christopher L. Hale of the Environment and Natural Resources Division’s Environmental Crimes Section along with Assistant U.S. Attorney Carmen Marquez for the District of Puerto Rico.
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.
Charity Founders Plead Guilty to Using Non-Profit to Defraud Donors and Illegally Evade TaxesRead the Press Release
Assistant U.S. Attorney Rebecca S. Kanter (619) 546-7304
NEWS RELEASE SUMMARY – June 9, 2020
SAN DIEGO – A husband and wife pleaded guilty today in federal court to using a charity to defraud donors and to evade taxes.
Geraldine and Clayton Hill appeared before U.S. Magistrate Judge Linda Lopez to admit that they used On Your Feet, Inc. (“OYF”), a.k.a. Family Resource Center (“FRC”), a 501(c)(3) tax-exempt non-profit organization that operated in Spring Valley, California, to defraud donors and the Internal Revenue Service (“IRS”). FRC/OYF claimed to provide “assistance to low income families and individuals in need to better their living conditions and quality of life.” According to documents filed in court today, beginning at least as early as March 2009, the Hills conspired to fraudulently obtain charitable donations of clothing and other items from multiple companies by falsely promising and certifying that they would not to sell the merchandise for profit.
The Hills admitted today to violating those promises by knowingly reselling donated merchandise and using the proceeds from the sale of donated items to financially support themselves, their family members and other associates. Forever 21, Feed the Children, Brooks and Goods360 were among the defrauded companies. The Hills tricked these companies such as Forever 21, Feed the Children, Brooks and Goods360 into donating millions of dollars of goods to OYC/FRC through their fraud. Based on the false representations, Feed the Children and Forever 21 – just two of the Hills multiple victims – donated over $16 million in goods between 2010 and 2017.
The Hills admitted today that between 2011 and 2016, they personally received proceeds from the fraud totaling over $1.3 million and paid no income taxes.
In soliciting donations from Forever 21, the Hills falsely claimed in their marketing materials that “[t]he merchandise is never sold by On Your Feet Incorporated . . . Every individual receiving a donation is required to register and sign a form saying none of the merchandise will be resold.” The Hills also falsely represented to Forever 21 that the “[m]ajority of the [OYF/FRC] personnel are volunteer members and are all required to sign a consent form stating that merchandise may not be taken or sold.” In an email on May 20, 2015, to Forever 21, Geraldine Hill falsely claimed that the “routine for processing donated items” included “cutting [the] inside label in half” and “defacing [the] inside label with permanent marker,” and further claimed that “we’ve never had a problem with any donations we have received that companies have been so kind to donate.”
In fact, Geraldine Hill knew at the time she sent that email to Forever 21 that the statement was false because at least as early as May 30, 2012, Goods360 had alerted Geraldine Hill that Disney no longer wanted their donations to go to OYF/FRC because the donated goods were appearing at local flea markets and being sold. For example, in June 2015, Forever 21 donated to OYF/FRC approximately 161 pallets of clothing, which was valued by Forever 21 at $2.9 million (cost)/$5.6 million (retail). Immediately upon receiving the pallets from Forever 21, the Hills sold donated goods to an operator of for-profit discount retailers. In September 2016, the Hills solicited additional donations from Forever 21 by promising to use them for a “Christmas Giveaway,” causing Forever 21 to donate another 16 pallets of clothing on October 27, 2016, which the Hills acknowledged in a letter to Forever 21 that the donated goods had a retail value of $314,371. Immediately upon receiving the pallets from Forever 21 in October 2016, the Hills sold the donated goods to the same for-profit discount retailer.
Instead of paying income taxes, the Hills spent nearly $380,000 of the fraudulent proceeds on personal expenses including luxury retail purchases, vacations, entertainment, and vehicles, in addition to spending more than $322,000 in cash.
In order to conceal their income from the IRS and obstruct the IRS’s ability to monitor the charity’s tax-exempt status, the Hills filed false charitable tax returns. The charity’s tax returns falsely claimed that OYF received less than $25,000 in gross receipts in tax year 2009, and less than $50,000 in tax years 2011-2015. As a result of the Hills’ fraudulent concealment of their income, they caused an estimated U.S. individual income tax loss for 2013-2014 of $50,933.
Although the Hills had no legitimate payroll through OYF, they falsified pay stubs purporting to show salaries paid and taxes withheld in order to advance other fraudulent schemes. For example, they falsified pay stubs claiming that defendant Clayton Hill earned over $100,000 salary (even though OYF had never issued paystubs or W2s, and Hill was not claiming income in any tax filing) and used the false pay stubs for a rental application to rent a home that cost $6,000 per month.
U.S. Attorney Robert Brewer expressed his appreciation to Assistant U.S. Attorney Rebecca Kanter, Principal Deputy Assistant Attorney General Richard E. Zuckerman and Trial Attorney Valerie Preiss of the Justice Department’s Tax Division for supporting this prosecution.
“I am committed to using the resources of the U.S. Attorney’s Office in the Southern District of California to aggressively pursue fraudsters and tax cheats,” said Brewer. “The conduct by Geraldine and Clayton Hill is particularly offensive because they used the benefits afforded by the 501(c)(3) status of their charity to defraud donors and conceal their profits. By abusing the generosity of companies and individuals who put their faith in the promises made by the Hills, the Defendants threatened to undermine the trust and integrity underpinning charitable giving.”
“Geraldine Hill and Clayton Hill exploited the public trust and charitable giving by using their charity to solicit over $16 million in goods from hardworking businesses and falsely promising to donate those goods to assist low income families and individuals in need,” said Ryan L. Korner, Special Agent in Charge of the IRS Criminal Investigation division. “Instead, the Hills resold the goods and profited over $1.34 million which they spent on vehicles, vacations, and entertainment, as well as personal expenses for their family members. The Hills concealed their fraud by filing false tax returns on behalf of the charity and failing to report their illicit income to the IRS. Their guilty pleas are evidence of the hard work of IRS Criminal Investigation Special Agents to bring to justice those that defraud businesses in the name of charity, and who benefit themselves instead of serving those most in need.”
“While fraud is always wrong, the theft of charitable donations that were to be used to help San Diego’s low income families is particularly disheartening,” said Acting FBI Special Agent in Charge Omer Meisel. “This type of fraud and deceit for personal gain simply cannot be tolerated. The FBI is committed to ensuring that white collar predators don’t prevent those less fortunate from receiving all the benefits that generous donors provide to seemingly legitimate non-profit organizations.”
Sentencing is scheduled for August 28, 2020 before U.S. District Judge Dana M. Sabraw. At sentencing, the Hills face a maximum sentence of five years in prison for each mail fraud conspiracy and tax evasion charge. The Hills also face a period of supervised release, restitution, and monetary penalties.
DEFENDANTS Case Number 20CR0783-DMS
Geraldine Hill Age: 59 Bonita, CA
Clayton Hill Age: 58 Bonita, CA
SUMMARY OF CHARGES
Conspiracy to Commit Mail Fraud – Title 18, U.S.C., Section 371
Maximum penalty: Five years’ imprisonment and $250,000 fine
Tax Evasion – Title 26, U.S.C., Section 7201
Maximum penalty: Five years’ imprisonment and $250,000 fine
AGENCIES
Internal Revenue Service Criminal Investigations
Federal Bureau of Investigation
California Woman Sentenced to 27 Years for Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – A Pomona, California, woman was sentenced in federal court today for leading a conspiracy to distribute large quantities of methamphetamine in Jasper County, Missouri.
Melissa R. Kivett, 42, was sentenced by U.S. District Judge M. Douglas Harpool to 27 years in federal prison without parole.
On Oct. 9, 2019, Kivett pleaded guilty to participating in a conspiracy to distribute methamphetamine in Jasper County from March 8, 2016, through Oct. 3, 2017. Kivett also pleaded guilty to one count of distributing methamphetamine.
Kivett transported methamphetamine from California, usually through the mail, to co-conspirators in Missouri. Co-conspirators purchased multiple kilograms of methamphetamine from Kivett for about $400 per ounce (28 grams). Those co-conspirators then distributed methamphetamine to others.
When Kivett was arrested in California on Sept. 7, 2017, she was in possession of 3.4 kilograms of methamphetamine, approximately 1.3 kilograms of morphine, and 610 grams of hydrocodone.
Kivett is the fifth and final defendant in this case to be sentenced.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Randall D. Eggert and Assistant U.S. Attorney Nhan Nguyen. It was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI, the Missouri State Highway Patrol, the Illinois State Police, the Ozarks Drug Enforcement Team, the Jasper County, Mo., Sheriff’s Department, the Duquesne, Mo., Police Department, the Pomona, Calif., Police Department, and the Ontario, Calif., Police Department.OCDETF
This case is part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program. The OCDETF program is the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.California Resident Charged for Role in Sim Swap Scam Targeting at Least 20 People, Including New Orleans ResidentRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that RICHARD YUAN LI, age 20, a resident of Hercules, California, was charged on June 8, 2020 in the Eastern District of Louisiana in a one-count Bill of Information with conspiracy to commit wire fraud, in violation of Title 18, United States Code, Sections 371 and 1343, for his role in a SIM Swap scam that targeted at least twenty people, including a New Orleans-area physician.
According to the Bill of Information, a SIM Swap scam is a cellular phone account takeover fraud that results in the routing of a victim’s incoming calls and text messages to a different phone. Once a perpetrator is able to swap the SIM card, it is likely he is able to obtain access to a victim’s various personal accounts, including email accounts, bank accounts, and cryptocurrency accounts, as well as any other accounts that use two-factor authentication.
LI participated in a scheme that involved multiple parts. First, in January 2018, they defrauded Apple, Inc. into providing a second Apple iPhone without paying for it by convincing an Apple customer service representative that they had not received an Apple iPhone 8 they ordered (hereinafter “the Apple iPhone 8”). LI took possession of the Apple iPhone 8. He and his co-conspirators then arranged for victims’ telephone numbers to be swapped to SIM cards contained in cellular phones in their possession, including the Apple iPhone 8. Specifically, on November 10, 2018, Victim A’s telephone number was swapped to a SIM card contained in the Apple iPhone 8, which LI kept in his dorm room in the San Diego, California area. The SIM swap caused the transmission of a series of writings, signs, signals, and sounds that traveled in interstate commerce, including between the States of Florida, Louisiana, and California. Thereafter, LI and his co-conspirators gained access to Victim A’s email accounts and cryptocurrency accounts as a result of the SIM Swap and stole a significant portion of Victim A’s cryptocurrency. In total, between October 11, 2018, and December 6, 2018, LI participated in unauthorized SIM Swaps with his co-conspirators that targeted at least twenty victims.
If convicted, LI faces a maximum term of five (5) years in prison, a fine of up to $250,000.00, up to three (3) years of supervised release after imprisonment, and a mandatory $100 special assessment per count.
U. S. Attorney Strasser reiterated that a Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation. Assistant United States Attorney Jordan Ginsberg, supervisor of the Public Corruption Unit, is in charge of the prosecution.
CEO of Prince George’s County Non-Profit Facing Federal Wire and Bank Fraud ChargesRead the Press Release
Greenbelt, Maryland – A federal criminal complaint was filed today charging Glenda Hodges, age 69, of Clinton, Maryland, with federal bank fraud and wire fraud charges in connection with the misuse of federal funds and other fraud related to non-profit and for-profit entities that Hodges operated in Clinton, Maryland.
The criminal complaint was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Kenneth R. Dieffenbach of the U.S. Department of Justice Office of Inspector General, Fraud Detection Office; Maryland State Prosecutor Charlton T. Howard III; and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.
According to the affidavit filed in support of the criminal complaint, Hodges owned and was the Chief Executive Officer of Still I Rise Incorporated, a non-profit entity which purported to provide services and resources to minority survivors of domestic violence, sexual assault and stalking; Still I Rise Comprehensive Support & Training Services LLC (“CSST”), a for-profit entity; and the Women’s Wellness Center (WWC), a for-profit medical weight loss clinic operated under the umbrella of CSST. Between 2010 and 2017, Hodges was awarded more than $2 million in grants from the United States Department of Justice’s (“DOJ”) Office of Violence Against Women (“OVW”) and Prince George’s County to implement a violence against women program through Still I Rise. However, as WWC—a financially unviable enterprise—continued to lose money, the affidavit alleges that Hodges resorted to committing fraud to fund WWC.
According to the affidavit, between 2010 and 2017, DOJ OVW awarded Still I Rise approximately $896,999 in DOJ OVW grants. Between 2012 and 2017, Prince George’s County awarded Hodges an additional $1,179,000 in county grants. The three grants that DOJ OVW awarded Hodges and Still I Rise were authorized only for the stated purpose of implementing Still I Rise’s non-profit program to address violence against women, and the funds were only authorized to cover the costs detailed in the respective budgets that Hodges submitted with the grant applications.
In early 2016, Hodges contacted DOJ OVW to express interest in applying for DOJ OVW’s 2016 three-year grant and informed DOJ OVW that Still I Rise exhausted the 2014 grant (which also had a three-year duration) in only 16 months. DOJ OVW then conducted an initial review of Still I Rise’s bank records and invoices, and discovered that Hodges was using much of the grant money for personal expenditures and to unlawfully support WWC, her for-profit entity. These expenditures allegedly included paying WWC staff salaries and rent, paying the mortgage at Hodges’ personal property in North Carolina, and paying a personal cable account in North Carolina.
The affidavit alleges that on October 9, 2015, Hodges caused $134,800 to be stolen from Victim 1—a mutual fund in Pennsylvania—and wired into a bank account associated with Still I Rise, and then used the stolen funds for expenditures at WWC and for her personal benefit. In addition, on April 8, 2016, Hodges deposited a $72,938 altered business check related to a federal cancer research grant that had allegedly been stolen from Victim 2, a prominent university in Texas, into a different bank account opened in the name of Still I Rise and over which Hodges was the sole authorized signer.
Further, the affidavit alleges that between March 10 and August 26, 2016, Hodges fraudulently opened credit accounts at two financial institutions using the identifying information of Victim 3, an elderly volunteer at Still I Rise, accumulating at least $45,000 in debt. According to the affidavit, to secure one of the lines of credit, Hodges had Victim 3 medically transported to a nearby bank. When Victim 3 was brought to the bank, Victim 3 was in pain and in a wheelchair, and had an antibiotic catheter line running to her heart.
Finally, the affidavit alleges that WWC had severe cash flow problems, was not satisfying its payroll obligations, was withholding employment taxes that Hodges did not remit to the Internal Revenue Service, and without the knowledge of her weight-loss patients at WWC, was directing medical staff to replace fat-dissolution injectable compounds with saline solution.
If convicted, Hodges faces a maximum sentence of 20 years in federal prison for each count of bank fraud and wire fraud. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. Hodges is expected to have an initial appearance in U.S. District Court in Greenbelt, but no date has been scheduled.
A criminal complaint is not a finding of guilt. An individual charged by criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended the Department of Justice Office of Inspector General, the Office of the Maryland State Prosecutor, and the FBI for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Gregory Bernstein and Kelly O’Connell Hayes, who are prosecuting the case.
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Bridgeport Man Sentenced to 10 Years in Federal Prison for Firearm OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that LYNWOOD COGDELL, 32, of Bridgeport, was sentenced today by U.S. District Judge Janet C. Hall to 120 months of imprisonment, followed by three years of supervised release, for illegally possessing firearms in association with his narcotics distribution activities.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the sentencing occurred via videoconference.
According to court documents and statements made in court, on March 15, 2016, Cogdell was sentenced in federal court to 36 months of imprisonment, followed by three years of supervised release, for possession of a firearm by a convicted felon. He was released from federal prison in June 2018.
On August 10, 2018, while on supervised release, Cogdell was arrested by Stamford Police after he was found in possession of a loaded .40 caliber semi-automatic pistol and 150 folds of heroin that he intended to distribute.
On April 15, 2019, Cogdell was arrested by Connecticut State Police in Bridgeport after he was found in possession of a loaded .40 caliber semi-automatic pistol and 58 folds of heroin/fentanyl that he intended to distribute.
Cogdell has been detained since April 15, 2019. On February 6, 2020, he pleaded guilty to two counts of possession of a firearm in furtherance of a drug trafficking offense.
This investigation was conducted by the U.S. Marshals Service, Stamford Police Department, Bridgeport Police Department and Connecticut State Police. The case was prosecuted by Assistant U.S. Attorney Lauren C. Clark.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Bradford, PA Man Charged with Lying during the Purchase of 8 FirearmsRead the Press Release
ERIE, Pa. -A resident of Bradford, Pennsylvania has been indicted by a federal grand jury in Erie on charges of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
The seven-count Indictment named Tony Joe McCormick, 32, as the sole defendant.
According to the Indictment presented to the court, McCormick made false statements during the purchase of eight firearms over a seven month period, from March 6, 2019 to September 22, 2019. McCormick presented himself as the purchaser of the firearms when, in reality, he was conducting "straw purchases" by purchasing the guns under his name and then delivering them to a third party.
The law provides for a maximum total sentence of 70 years in prison, a fine of $1,750,000, 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 the defendant.
Assistant United States Attorney Paul S. Sellers is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bradford Police Department conducted the investigation leading to the Indictment in this case. Project Safe Neighborhoods (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 www.justice.gov/projectguardian.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Blue Springs Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Billy Anthony O’Keefe, 34, of Blue Springs, Nebraska, was sentenced today to 15 years, (180 months), in federal prison, by Chief United States District Judge John M. Gerrard, for conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine mixture. There is no parole in the federal system. Following the prison term, O’Keefe will serve five years on supervised release.
Information provided to law enforcement indicated O’Keefe was involved in the distribution of more than 500 grams (approximately 18 ounces) of methamphetamine in the Lincoln area between May of 2017 and March of 2019.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Amarillo Drug Dealer Who Sold Fatal Heroin Sentenced to 20 YearsRead the Press Release
An Amarillo drug dealer who sold a deadly dose of heroin has been sentenced to 20 years in federal prison, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Cynthia Marie Carrasco, 58, pleaded guilty in Federal District Court to possession with the intent to distribute heroin resulting in death.
On April 19, 2019, Amarillo Police Department officers were called to a hotel in Amarillo, Texas, to investigate a suspected heroin overdose. The deceased 33-year-old victim had been staying at the hotel with 37-year-old Jeffery Michael Smith.
According to court documents, Smith agreed to be interviewed by Amarillo Police Department narcotics agents where he admitted to buying heroin from Cynthia Carrasco for a period of time. Smith admitted that he purchased the heroin for his acquaintance used shortly before her death from Carrasco.
During a non-custodial interview with Carrasco at her home, she admitted that she knew Smith and had previously sold him heroin. Carrasco stated that she repackaged heroin into smaller quantities for sale. Carrasco allowed officers to seize her phone. On the phone, officers located evidence that Carrasco was purchasing heroin from Andrew Olguin. In a subsequent interview, Carrasco admitted that her heroin had killed the victim on the night of April 19, 2019.
Agents identified Austin Potts as suspect in the investigation. During an interview with agents, Potts admitted to delivering heroin to individuals for Carrasco.
Other co-defendants also received the following sentences for their involvement: Austin Ryan Potts, 26, 5 years, Andrew Olguin, 64, 10 years, Jeffrey Michael Smith, 37, 10 years.
The investigation was led by the Drug Enforcement Administration with the assistance of Randall County Sheriff’s department and the Amarillo Police Department. Assistant U.S. Attorney Anna Marie Bell is prosecuting the case.
Alleged Drug House in Charlotte is ForfeitedRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney R. Andrew Murray announced that, following a successful civil forfeiture proceeding, the U.S. Marshals Service, with the assistance of the Charlotte-Mecklenburg Police Department, has taken possession of a drug house at 2740 Lytham Drive in Charlotte (Lytham House), which is located roughly 450 feet from South Mecklenburg High School.
The United States’ forfeiture complaint alleged that the Lytham House was the site of significant and serious drug-related criminal activity and posed a threat to the safety and welfare of the surrounding neighborhood. According to court records, the Lytham House was the subject of seventy-nine calls for service to the Charlotte-Mecklenburg Police Department (CMPD) since 2013.
More specifically, according to allegations contained in the civil forfeiture complaint, the Lytham House was—in recent years—the site of, among other things: a drug-related double-homicide in which four people were shot; four separate drug overdoses; a first-degree arson where past residents burned down a shed on the property; the storage of a stolen vehicle with the knowledge and consent of at least one of the residents in order to aid with the theft; and numerous instances where law enforcement has found drugs, drug paraphernalia, and individuals in possession of drugs or using the Lytham House in conjunction with the trafficking of drugs. As a result of this activity, the U.S. Attorney’s Office used a provision of Title 21 designed to target narcotics residences in order to pursue forfeiture of the house.
In making today’s announcement, U.S. Attorney Murray thanked the U.S. Marshals Service, the U.S. Drug Enforcement Administration, and the Charlotte-Mecklenburg Police Department for their work on this case.
U.S. Attorney Murray said, “According to published news reports and interviews of neighbors, as well as the information set forth in the filed Complaint, this house was a scourge on a family-friendly neighborhood near a school. The U.S. Attorney’s Office, federal law enforcement, and CMPD will use all of the tools at their disposal—including but not limited to civil forfeiture—to remedy neighborhood problems caused by property owners who repeatedly allow and encourage criminal activity to plague Charlotte-area neighborhoods.”
Assistant United States Attorney Seth Johnson of the U.S. Attorney’s Office in Charlotte handled the proceedings. (Docket No. 3:20cv110).
Agency Village Man Sentenced to Federal Prison for Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that an Agency Village, South Dakota, man was sentenced on June 8, 2020, by U.S. District Judge Charles B. Kornmann.
Felix Duane Johnson, Jr., age 27, was sentenced to 30 months in federal custody, to be followed by 3 years of supervised release. Johnson was also ordered to pay $4,373 in restitution to the victim’s family and $100 to the Federal Crime Victims Fund.
According to court documents, on December 17, 2019, in Roberts County, Johnson unlawfully committed involuntary manslaughter, when a minor child in his care drowned in a bathtub. The victim was approximately 11 months old at the time of death.
Johnson was the only adult in the residence at the time the child drowned. He was the person responsible for taking care of the children in the home because his girlfriend, the victim’s mother, was working at the time the child drowned. Johnson admitted that the death of the child was his responsibility and was a result of his gross neglect and lack of due caution and circumspection. Johnson further admitted that while the child was in the bathtub unattended, he became distracted with his mobile phone and didn’t check on the child, which ultimately led to the drowning.
The investigation was conducted by Sisseton-Wahpeton Oyate Law Enforcement and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Johnson was remanded to custody to serve his sentence.
8 June 2020
Zapata man admits to fleeing checkpoint with 63 hidden in trailerRead the Press Release
LAREDO, Texas - A 30-year-old Zapata man has entered a guilty plea to conspiracy to transport aliens within the country, announced U.S. Attorney Ryan K. Patrick.
On Jan. 21, Leonidas Navarro drove a semi-truck and trailer combination through the Laredo North Border Patrol checkpoint on Interstate 35. Upon inspection, a K-9 alerted to the presence of contraband in the trailer. Navarro also could not provide a bill of lading for the goods he was supposedly transporting. He was then referred to secondary inspection.
However, rather than complying, Navarro increased his speed and drove through a fence and into a field before he ultimately crashed. He jumped out of the truck and attempted to flee, but was soon captured.
Authorities found a total of 63 aliens that had been hidden inside the truck. None were seriously injured during the crash.
U.S. District Court Judge Diana Saldaňa will impose sentencing at a later date, at which time Navarro faces up to 10 years in federal prison.
He has been and will remain in custody pending that hearing.
Immigration and Custom Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of Border Patrol. Assistant U.S. Attorney Paul Harrison is prosecuting the case.
Zachary Man Sentenced to 195 Months in Federal Prison for Production of Child PornographyRead the Press Release
United States Attorney Brandon J. Fremin announced that U.S. Chief Judge Shelly D. Dick sentenced Brian Normand, age 30, of Zachary, Louisiana, to serve 195 months in federal prison following his conviction for production of child pornography. The Court also ordered Normand to serve fifteen years of supervised release after imprisonment, and he must register as a convicted sex offender for life.
According to admissions Normand made during his plea, on or about August 29, 2015, Normand used his phone to create a video depicting a juvenile male under the age of 12 years old, engaging in sexually explicit conduct. Normand then utilized the internet to upload the video, via his Google accounts where he also stored other images of child pornography, to the servers of the Google Drive Photos file storage infrastructure.
U.S. Attorney Fremin stated, “This case highlights the commitment and efforts of the entire law enforcement community – federal, state, and local – to work together to protect our children from sexual predators. No child should ever suffer the horrors and indignities that this defendant inflicted upon the victim in this case. May this sentence serve as a stark reminder of the severe consequences that may await others inclined to engage in similar conduct. I am grateful for the excellent work of all those involved in bringing this defendant to justice.”
“Investigating individuals like Brian Normand is one of the highest priorities of the FBI. He violated innocent lives by sexually exploiting children and producing child sexual abuse material. This sentence is the culmination of an investigation conducted by Special Agents and Intelligence Analysts who worked tirelessly to bring him to justice,” stated Special Agent in Charge Bryan Vorndran.
This case is part of Project Safe Childhood, a nationwide initiative by the U.S. Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines 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 matter was investigated by the Federal Bureau of Investigation with substantial assistance provided by the East Baton Rouge Sheriff’s Office, Louisiana State Police, Louisiana Attorney General’s Office – Cyber Crime Unit, and the Department of Homeland Security. It was prosecuted by Assistant United States Attorney Jamie A. Flowers, Jr., who also serves as Deputy Criminal Chief.
Worcester Man Sentenced for Gun ViolationRead the Press Release
BOSTON – A Worcester man was sentenced today for being a felon in possession of a firearm and ammunition.
Christopher Brown, 35, was sentenced by U.S. District Court Judge Timothy S. Hillman to 41 months in prison and three years of supervised release. In February 2020, Brown pleaded guilty to being a felon in possession of a firearm.
On Nov. 25, 2018, Brown was arrested in Worcester for possession of a loaded Taurus .38 revolver and 4 rounds of ammunition. Brown is prohibited from possessing a firearm due to prior convictions punishable by more than one year in prison.
United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Worcester Police Chief Steven M. Sargent made the announcement. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Worcester Branch Office prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Wilkinsburg Man with 2 Prior Drug Convictions in State Court Pleads Guilty to Distributing Heroin and Fentanyl AnaloguesRead the Press Release
PITTSBURGH, Pa. – A former resident of Wilkinsburg, PA, pleaded guilty in federal court to charges of violating the federal narcotics laws, United States Attorney Scott W. Brady announced today.
Shawn Bernard Nichols, 28, formerly of Wilkinsburg, PA, pleaded guilty to a 2-count Indictment charging him with distributing and possessing with intent to distribute heroin and fentanyl analogues (U-47700 and furanyl fentanyl) before Chief United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that on August 11, 2017, and August 17, 2017, the defendant distributed heroin and fentanyl analogues to confidential informant(s) working on behalf of law enforcement authorities in Washington County, Pennsylvania. The Court was advised that the investigation into Nichols was prompted following the August 2017 overdose death of a Canonsburg resident. In connection with that overdose, law enforcement seized stamp bags containing fentanyl analogues (U-47700 and furanyl fentanyl), which were marked "Wildcat". In connection with the plea, Mr. Nichols admitted that on August 11, 2017, he distributed "Wildcat" stamp bags containing those substances to an informant working with law enforcement. In a related filing with the Court, the government provided notice that Mr. Nichols was previously convicted in two prior cases from February and March 2014 in the Courts of Common Pleas of Washington and Allegheny Counties, of drug dealing and conspiracy.
Chief Judge Hornak scheduled sentencing for October 7, 2020, at 1:30 p.m. The law provides for a total sentence of up to 30 years in prison, a fine not to exceed $2,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history of the defendant. Pending sentencing, Mr. Nichols remains in the custody of the United States Marshals.
Assistant United States Attorney Jerome A. Moschetta is prosecuting this case on behalf of the government.
The Drug Enforcement Administration, the Washington County District Attorney’s Office Drug Task Force, and the Canonsburg Police Department, conducted the investigation that led to the prosecution of Mr. Nichols.
Webster Man Pleads Guilty to Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY—U.S. Attorney James P. Kennedy Jr. announced today that Glenn K. Smith, 52, of Webster, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison, and a fine of $250,000.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between November 25, 2019, and January 30, 2020, the defendant was in possession of 157 images and seven videos of child pornography on a cellular telephone. Smith was also in possession of 45 images and five videos containing child pornography on a tablet. Some of the images included prepubescent minors or minors under 12 years-old. The defendant also shared some of these images on a peer-to-peer network.
The plea is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Acting Special Agent-in-Charge Robert Guyton.
Sentencing is scheduled for September 1, 2020, at 11:00 a.m. before Judge Geraci.
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Wallingford Doctor Arrested for Selling Opioid Prescriptions for Cash, Health Care FraudRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, and Wallingford Police Chief William J. Wright today announced that a Wallingford doctor has been charged with federal controlled substances and health care offenses related to the illegal distribution of prescription medication.
On June 4, 2020, Dr. ANATOLY BRAYLOVSKY, 49, of Wallingford, was arrested on a criminal complaint. JENNIFER BOUSQUET, 36, of Wallingford, also was arrested for her involvement in the alleged scheme. Braylovsky and Bousquet appeared before U.S. Magistrate Judge Robert M. Spector via videoconference. Braylovsky was ordered detained and Bousquet was released on a $150,000 bond.
As alleged in court documents and statements made in court, Braylovsky is an internal medicine physician who has operated the Family Practice of Greater New Haven, LLC, located on North Main Street in Wallingford. Braylovsky’s practice accepted patients who are insured by Medicare, Medicaid and commercial insurance plans. Since approximately 2014, the DEA and the Wallingford Police Department have received complaints about Braylovsky’s prescribing practices. In early 2016, investigators from both the DEA Diversion Control Division and the Connecticut Department of Consumer Protection’s Drug Control Division notified Braylovsky that they were concerned about his prescribing practices and informed him that some of his patients had a criminal history. Through subsequent Connecticut Prescription Monitoring Program inquiries, investigators found that Braylovsky continued to prescribe a high quantity of opioid-based pills, as well as Alprazolam and Adderall, to a number of patients. Investigators also received information that some of Braylovsky’s patients, including Bousquet, received medically unnecessary prescriptions for these drugs and were then selling the pills for profit; that Braylovsky was selling prescriptions for large amounts of cash; and that some patients who had their prescriptions filled provided pills to Braylovsky.
It is alleged that, in approximately October 2019, HHS-OIG joined the investigation when it was discovered that Bousquet and other patients of Braylovsky were using their Medicaid or Medicare insurance to pay for medically unnecessary prescriptions. For at least three years, Bousquet has received from Braylovsky monthly prescriptions for 170 oxycodone 30mg pills, 75 Adderall 20mg pills, and 30 alprazolam 2mg pills.
It is further alleged that, during the investigation, law enforcement utilized a confidential source, who was both a patient of Braylovsky and an associate of Bousquet, to pay Braylovsky cash in exchange for receiving a prescription for oxycodone. On four occasions between October 2019 and January 2020, the source visited Braylovsky’s office, gave him $1,600 in cash, and received a prescription for 150 oxycodone 30mg pills. Even though Braylovsky performed no physical examination and did not discuss the source’s health, Braylovsky billed Medicaid for each office visit. In addition, the source provided Braylovsky with $1,600 in cash for a prescription during an office visit on March 18, 2020, and delivered $1,600 to Braylovsky’s car after a telehealth appointment on April 30, 2020. The appointment was conducted via FaceTime due to the COVID-19 pandemic. After each prescription was filled, DEA agents took the oxycodone pills into evidence. Medicaid paid for each filled prescription.
Between approximately January 2016 and May 2020, Medicare and Medicaid have paid more than $1.6 million for schedule II medications, including oxycodone, prescribed by Braylovsky. During that time, Medicare and Medicaid have also paid Braylovsky’s practice more than $590,000 for routine office visits.
Braylovsky and Bousquet are each charged with possession with intent to distribute controlled substances, and conspiracy to possess with intent to distribute controlled substances. Braylovsky is also charged with health care fraud and with making false statements relating to health care matters.
U.S. Attorney Durham stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This investigation is being conducted by the DEA New Haven Task Force, HHS-OIG’s Office of Investigations, FBI, Connecticut State Police, Connecticut Department of Consumer Protection – Drug Control Division, Connecticut Department of Public Health, Wallingford Police Department and Easton Police Department. The case is being prosecuted by Assistant U.S. Attorney John T. Pierpont, Jr.
Virginia man sentenced for role in a drug distribution operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Bryan Keith Presgraves, II, of Luray, Virginia, was sentenced today to 24 months incarceration for his involvement in a drug distribution conspiracy, U.S. Attorney Bill Powell announced.
Presgraves, age 22, pled guilty to one count of “Sale or Transfer to a Prohibited Person” in January 2020. Presgraves admitted to knowingly selling a bolt-action rifle to a person prohibited from having a firearm in March 2018 in Mineral County.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the West Virginia State Police, and the Potomac Highlands Drug & Violent Crimes Task Force investigated.
This prosecution was brought as a part of the Department of Justice’s Organized Crime Drug Enforcement Task Forces (OCDETF) Co-located Strike Forces Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations against a continuum of priority targets and their affiliate illicit financial networks. These prosecutor-led co-located Strike Forces capitalize on the synergy created through the long-term relationships that can be forged by agents, analysts, and prosecutors who remain together over time, and they epitomize the model that has proven most effective in combating organized crime.
Chief U.S. District Judge Gina M. Groh presided.
U.S. Attorney’s Office Charges Three for Looting of Neighborhood Pharmacy During Civil DisturbanceRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell Coleman today announced the charging of three individuals for Conspiracy to Commit Burglary Involving Controlled Substances.
“These charges have nothing to do with legitimate protest activity and everything to do with looting a neighborhood pharmacy,” said U.S. Attorney Russell Coleman. “This lawlessness places protestors, police, and near-by families at risk, and will be met with swift federal arrest and prosecution.”
Three defendants, Jean-Pierre Crowdus, 31, Frederick D. Eaves, 31, and Channel Lewis, 26, all of Louisville, Kentucky, have been charged in the criminal complaint.
According to the complaint, on Thursday, June, 4, 2020, at approximately 1:15 a.m. law enforcement officers were dispatched on a commercial alarm at the CVS drug store at 3130 Portland Avenue, Louisville, Kentucky.
Upon arrival, law enforcement witnessed Channel Lewis in the driver’s seat of a vehicle parked outside the pharmacy, and officers located defendants Crowdus and Eaves inside the store.
Video shows Eaves forcing entry into the CVS with a crowbar. Eaves and Crowdus entered the pharmacy. Once inside Eaves forced open the accordion-style pharmacy window and crawled through, searching the pharmacy and placing items into a trash bag. Eaves also attempted to force open the pharmacy safe with the crowbar. The video outside the store also shows defendant Lewis sitting outside the pharmacy in the car – acting as lookout and awaiting the group get-away.
A search of the vehicle by police revealed a Smith & Wesson M&P .40 caliber handgun located next to the driver’s seat, it was purchased in late July of 2019 in Louisville by another individual.
A federal complaint is a written statement of the essential facts of the offense charged and must be made under oath before a United States Magistrate Judge. The charge set forth in a complaint is merely an accusation and the defendant is presumed innocent until proven guilty.
The Federal Bureau of Investigation, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Louisville Metro Police Department are investigating the case.
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U.S. Attorney Pushes for Increased Response to Eradicate Sexual Harassment in Housing Amid COVID-19 CrisisRead the Press Release
MACON, Ga. – Charlie Peeler, the U.S. Attorney for the Middle District of Georgia, is urging law enforcement and community partners to join with the United States Attorney’s Office in eradicating sexual harassment in housing amid the ongoing COVID-19 pandemic. In a message sent to law enforcement and community partners across the Middle District last week, U.S. Attorney Peeler reminded stakeholders that sexual harassment by landlords, property managers, maintenance workers and others, with control over housing may violate the federal Fair Housing Act. The Department of Justice (DOJ), through the Civil Rights Division and United States Attorney’s Offices, remains unwavering in the enforcement of this vital statute.
“As a result of the COVID-19 public health crisis, many in our communities have found themselves out of work, furloughed, or otherwise in dire financial straits. As a result, folks have been forced to seek abatements or suspensions of their rent, or seek other accommodations during this time. While many landlords and housing providers have responded with understanding, there are reports that others have seen an opportunity to exploit the financially vulnerable through demands for sexual acts and other unwelcome sexual conduct. This appalling behavior is illegal and will not be tolerated,” stated U.S. Attorney Peeler in his message to law enforcement and community partners.
The Fair Housing act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. Sexual harassment is a form of sex discrimination under the Fair Housing Act. The Department of Housing and Urban Development (HUD) and DOJ are the federal agencies that enforce the Fair Housing Act, with each playing an important role. Both agencies have launched special initiatives focused specifically on combatting sexual harassment in housing.
The public is encouraged to report sexual harassment in housing to the DOJ’s Civil Rights Division by calling (844) 380-6178 or emailing [email protected]. To preserve their rights, individuals should also file a complaint with HUD through HUD’s website or by calling (800) 669-9777.
Launched in 2017, the Justice Department’s Sexual Harassment in Housing Initiative is an effort to combat sexual harassment in housing led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. For more information, please visit https://www.justice.gov/crt/sexual-harassment-housing-initiative.
Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
U.S. Attorney J. Douglas Overbey Announces $75,845 Award to Address Covid-19 Pandemic in TennesseeRead the Press Release
KNOXVILLE, Tenn. – U.S. Attorney J. Douglas Overbey of the Eastern District of Tennessee today announced that the City of Kingsport received $75,845 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The grant is available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. Other jurisdictions can determine if they are eligible for funds and may apply immediately by visiting this website. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.
“As this country continues to fight COVID-19, our office remains committed to deterring, investigating, and prosecuting those who seek to take advantage of the COVID-19 pandemic. This funding will help many of the communities struggling in these trying times and provide some much-needed relief to our district,” said U.S. Attorney Overbey.
“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”
The law gives jurisdictions considerable latitude using these funds for dealing with COVID-19. Potential uses include hiring personnel, paying overtime, purchasing protective equipment, distributing resources to hard-hit areas and addressing inmates’ medical needs.
Agencies eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for the emergency funding. Local units of government and tribes will receive direct awards separately according to their jurisdictions’ allocations.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
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U.S. Attorney J. Douglas Overbey Announces $58,008 Award to Address Covid-19 Pandemic in TennesseeRead the Press Release
KNOXVILLE, Tenn. – U.S. Attorney J. Douglas Overbey of the Eastern District of Tennessee today announced that Anderson County received $58,008 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The grant is available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. Other jurisdictions can determine if they are eligible for funds and may apply immediately by visiting this website. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.
“As this country continues to fight COVID-19, our office remains committed to deterring, investigating, and prosecuting those who seek to take advantage of the COVID-19 pandemic. This funding will help many of the communities struggling in these trying times and provide some much-needed relief to our district,” said U.S. Attorney Overbey.
“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”
The law gives jurisdictions considerable latitude using these funds for dealing with COVID-19. Potential uses include hiring personnel, paying overtime, purchasing protective equipment, distributing resources to hard-hit areas and addressing inmates’ medical needs.
Agencies eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for the emergency funding. Local units of government and tribes will receive direct awards separately according to their jurisdictions’ allocations.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
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U.S. Attorney J. Douglas Overbey Announces $52,724 Award to Address Covid-19 Pandemic in TennesseeRead the Press Release
KNOXVILLE, Tenn. – U.S. Attorney J. Douglas Overbey of the Eastern District of Tennessee today announced that the City of Johnson City received $52,724 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The grant is available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. Other jurisdictions can determine if they are eligible for funds and may apply immediately by visiting this website. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.
“As this country continues to fight COVID-19, our office remains committed to deterring, investigating, and prosecuting those who seek to take advantage of the COVID-19 pandemic. This funding will help many of the communities struggling in these trying times and provide some much-needed relief to our district,” said U.S. Attorney Overbey.
“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”
The law gives jurisdictions considerable latitude using these funds for dealing with COVID-19. Potential uses include hiring personnel, paying overtime, purchasing protective equipment, distributing resources to hard-hit areas and addressing inmates’ medical needs.
Agencies eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for the emergency funding. Local units of government and tribes will receive direct awards separately according to their jurisdictions’ allocations.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
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U.S. Attorney J. Douglas Overbey Announces $43,683 Award to Address Covid-19 Pandemic in TennesseeRead the Press Release
KNOXVILLE, Tenn. – U.S. Attorney J. Douglas Overbey of the Eastern District of Tennessee today announced that the City of Morristown received $43,683 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The grant is available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. Other jurisdictions can determine if they are eligible for funds and may apply immediately by visiting this website. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.
“As this country continues to fight COVID-19, our office remains committed to deterring, investigating, and prosecuting those who seek to take advantage of the COVID-19 pandemic. This funding will help many of the communities struggling in these trying times and provide some much-needed relief to our district,” said U.S. Attorney Overbey.
“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”
The law gives jurisdictions considerable latitude using these funds for dealing with COVID-19. Potential uses include hiring personnel, paying overtime, purchasing protective equipment, distributing resources to hard-hit areas and addressing inmates’ medical needs.
Agencies eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for the emergency funding. Local units of government and tribes will receive direct awards separately according to their jurisdictions’ allocations.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
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U.S. Attorney Bill Powell announces $45,952 award to address COVID-19 pandemic in Marion CountyRead the Press Release
CLARKSBURG, WEST VIRGINIA – U.S. Attorney Bill Powell of the Northern District of West Virginia today announced that the Marion County received $45,952 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The grant, awarded to the Marion County is available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. Those jurisdictions can find out if they are eligible and apply immediately by visiting this website. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.
“As many communities continue to work to keep residents safe, and to recover from the pandemic, this funding will assist Marion County with its response,” said Powell.
“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”
The law gives jurisdictions considerable latitude in the use of these funds for dealing with COVID-19. Potential uses include hiring personnel, paying overtime, purchasing protective equipment, distributing resources to hard-hit areas and addressing inmates’ medical needs.
Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for the emergency funding. Local units of government and tribes will receive direct awards separately according to their jurisdictions’ allocations.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
Two Out-of-State Men Sentenced to Federal Prison for Drug CrimesRead the Press Release
HUNTINGTON, W.Va. – Two out-of-state men were sentenced to federal prison today for drug crimes, announced United States Attorney Mike Stuart. Alonzo Wayne Clay, Jr., 31, of Austin, Texas, and Demaurea Davis, 23, of Akron, Ohio, were each sentenced to 70 months in prison and three years of supervised release.
“Carfentanil, which is an elephant tranquilizer, crack cocaine and ecstasy are off the streets and so are the perpetrators, thanks to the great work of the Huntington Police Department,” United States Attorney Mike Stuart said. “We’re taking back the streets of Huntington from out-of-state drug dealers -- one case at a time.”
Clay previously pled guilty to possession with intent to distribute crack cocaine. On September 18, 2019, he fled from officers in his vehicle. Once he stopped his vehicle, officers found approximately 25 grams of crack cocaine and 1,000 ecstasy pills in his vehicle. He admitted he intended to sell the crack cocaine and the ecstasy pills.
In an unrelated case, Davis previously admitted that while serving home confinement for a Cabell County sentence, he possessed approximately 40 grams of heroin and carfentanil in his residence. On January 29, 2018, officers searched his residence and located approximately 40 grams of heroin and carfentanil. Davis admitted that he intended to sell the heroin and carfentanil.
The Huntington Police Department conducted the investigations. United States District Judge Robert C. Chambers imposed the sentences. Assistant United States Attorney Stephanie Taylor handled the prosecutions.
The Davis investigation was part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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Two Defendants Charged with Gunpoint Robbery of Manhattan Jewelry Store While Impersonating NYPD OfficersRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that ISMAEL IGARTUA, a/k/a “Ismeal John,” a/k/a “John Igartua,” and JOSE RODRIGUEZ have been arrested for their participation in an armed robbery of a jewelry store in Manhattan on Saturday, June 6, 2020. IGARTUA and RODRIGUEZ were apprehended shortly after the robbery and were presented in Manhattan federal court before U.S. Magistrate Judge Debra Freeman today.
U.S. Attorney Geoffrey S. Berman stated: “As alleged, the defendants participated in a brazen daytime robbery, in which a victim was threatened at gunpoint and tied up. The defendants’ alleged scheme – impersonating NYPD officers and asking to check the victim’s firearm due to recent incidents of looting – took advantage of uncertain conditions in our community, preying on the fears of a small business owner and his trust in law enforcement. This alleged criminal conduct is intolerable, and thanks to the work of the NYPD and the FBI, the defendants face significant federal charges for their alleged crimes.”
NYPD Commissioner Dermot Shea said: “Posing as police officers to prey on a city business during an international pandemic, as alleged, is dangerous to civilians and law enforcement officers. Arrests like these highlight the indispensable work of our NYPD detectives, and federal partners, in ensuring justice for New Yorkers.”
FBI Assistant Director William F. Sweeney Jr. said: “Well done to the detectives and agents who worked to solve this quickly and bring justice to a business owner in the community. It speaks highly of the work done by the NYPD’s 19th Precinct Detective Squad and the FBI-NYPD Joint Major Theft Task Force that the only jewelry these men will wind up with are metal bracelets.”
According to the allegations in the Complaint[1]:
On the afternoon of June 6, 2020, IGARTUA and RODRIGUEZ robbed a jewelry store located on the Upper East Side of Manhattan. While dressed as and identifying themselves as NYPD officers, IGARTUA and RODRIGUEZ asked for permission to enter the jewelry store and requested to examine the store owner’s properly permitted firearm, claiming that, due to the recent looting of commercial establishments in New York, firearms were at risk of being stolen. Once the store owner gave IGARTUA and RODRIGUEZ his firearm, the robbers, who were armed with two firearms of their own, restrained and tied up the store owner, and stole his firearm and jewelry valued at over $150,000. IGARTUA and RODRIGUEZ were apprehended a short time later in a subway station several blocks from the jewelry store.
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IGARTUA, 59, of Queens, New York, and JOSE RODRIGUEZ, 59, of the Bronx, New York, are each charged with one count of robbery conspiracy, which carries a maximum sentence of 20 years in prison; one count of robbery, which carries a maximum sentence of 20 years in prison; one count of brandishing a firearm, which carries a maximum sentence of life in prison; and one count of being a felon in possession of a firearm, which carries a maximum sentence of 10 years in prison. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by a judge.
Mr. Berman praised the outstanding investigative work of the FBI-NYPD Joint Major Theft Task Force and the NYPD’s 19th Precinct Detective Squad.
The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Kaylan E. Lasky is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Troy Man Charged with Threatening Police over FacebookRead the Press Release
ALBANY, NEW YORK – Jahjuan Sabb, age 20, of Troy, New York, was arrested on Saturday and charged with threatening to attack the Troy Police Department during a demonstration that took place yesterday, June 7.
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).
Sabb is charged by criminal complaint with making threats to injure another person, and also with distributing information pertaining to the manufacture of an explosive or destructive device with the intent that the information be used for, or in furtherance of, a crime of violence.
The complaint alleges that on June 5, Sabb made Facebook Live recordings in which he threatened to throw bricks at the Troy Police Department, Troy Police vehicles, and Troy City Hall, during a demonstration that took place yesterday in downtown Troy. The complaint alleges that he also offered instructions on how to make firebombs with the intent that they be used during the demonstration. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Sabb, who was arrested Saturday, appeared today before United States Magistrate Judge Christian F. Hummel, and was ordered detained pending a detention hearing on June 10.
If convicted on the charges set forth in the complaint, he faces up to 20 years in prison. 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’s Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of state and local law enforcement agencies, including the Troy Police Department and New York State Police. The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Thomasville Felon Sentenced to Three Years in Prison for Possessing a FirearmRead the Press Release
Richard W. Moore, United States Attorney for the Southern District of Alabama, announces that Gerarde Rodiquez Madison (36 years old, of Thomasville, Alabama) has been sentenced to three years in prison following his guilty plea to possessing a firearm after having been convicted of a felony offense.
As part of his plea agreement, Madison admitted the following facts about this case:
On August 16, 2019, Thomasville Police Department was operating a sobriety checkpoint on Old Highway 43 in Thomasville. Just before midnight, a driver later identified as Madison was stopped at the checkpoint. When Madison rolled down his window, officers manning the checkpoint could smell the odor of marijuana emanating from the vehicle, and the officers could see what appeared to be marijuana in plain view. Thereafter, Madison was arrested on state marijuana possession charges.
Following his arrest, a search was done of Madison’s vehicle. Officers found a loaded Croatian-made handgun and ammunition in the vehicle. Prior to his possessing this handgun, Madison had two prior convictions for First Degree Possession of Marijuana, both in Clark County.
Madison admitted that he knowingly possessed the gun and that he knew such possession was prohibited due to his past felony convictions. Madison also agreed to the forfeiture of the firearm.
U.S. District Court Judge Terry Moorer sentenced Madison to 36 months in federal prison, to be followed by three years of supervised release.
This case was investigated by FBI-Mobile and prosecuted by Assistant U.S. Attorney Christopher Bodnar.
Tampa Man Indicted for Firearms Charge Relating to Non-Fatal ShootingRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return by a grand jury of an indictment charging Theodore Hall (42, Tampa) with possessing firearms and ammunition, after having been convicted of 18 felony offenses. If convicted, Hall faces a mandatory minimum sentence of 15 years, and up to life, in federal prison.
According to court documents, Hall fought with another man inside a Family Dollar Store, then chased the man in his vehicle, and fired three shots at the man, who was on foot in a residential area. Prior to the incident, Hall had 18 prior felony convictions, including six relating to cocaine, five relating to assault or battery, and one relating to opposing a law enforcement officer with violence.
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 Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tampa Police Department. It will be prosecuted by Assistant United States Attorney Natalie Adams.
This case is a 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.