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3 June 2020
St. Louis City Man Charged with Federal Firearm ChargesRead the Press Release
St. Louis – Christopher Thomas Gaston, 40, of St. Louis, Missouri, was charged by a federal complaint with being a felon in possession of a firearm. Gaston will appear in court on June 4, 2020 for his initial appearance in front of U.S. Magistrate Patricia L. Cohen.
According to the criminal complaint, during an ongoing investigation into the shooting of four St. Louis Metropolitan Police Department officers during the late night hours of June 1 and early morning hours of June 2, 2020, Gaston was determined to live in a condominium complex adjacent to the scene of the shooting. Witnesses reported seeing him with a firearm the evening of the shooting. Security camera footage confirmed the witnesses’ statements and showed Gaston carrying a long gun partially concealed by a blanket.
A search warrant was conducted at Gaston’s residence and agents found two firearms – a 12-gauge pump-action shotgun and a .380 caliber semiautomatic handgun. The handgun was loaded with five rounds of ammunition and a box of 45 additional rounds of .380 caliber ammunition for the handgun were seized. Gaston admitted to being a convicted felon and knowing he could not possess firearms.
If convicted, Gaston faces a maximum of 10 years in prison and a fine of $250,000.
These charges are the result of a joint investigation by the Federal Bureau of Investigation and the St. Louis Metropolitan Police Department. Assistant United States Attorney Jason Dunkel is handling this case.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Springfield Man Charged with Being a Felon in PossessionRead the Press Release
BOSTON – A Springfield man was charged yesterday with being a felon in possession of a firearm and ammunition.
Lavon Pemberton, 32, was charged by criminal complaint with one count of being a felon in possession of a firearm and ammunition. Pemberton will make an initial appearance in federal court in Worcester on Friday, June 5, 2020.
According to the charging documents, on May 14, 2020, Pemberton was stopped by law enforcement for speeding on the Massachusetts Turnpike while driving a rented vehicle. Law enforcement subsequently located a loaded firearm in the vehicle. Pemberton is currently on supervised release for a previous conviction in federal court of being a felon in possession of a firearm.
The charging statute provides for a sentence of up to 10 years in prison, up to three years of supervised release years 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; Kelley D. Brady, Special Agent in Charge of the Bureau of alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Assistant U.S. Attorney Kristen Noto of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
South Carolina Man Pleads Guilty to Making a Bomb Threat to a Clinic and Lying to the FBIRead the Press Release
Jacksonville, FL – Rodney Allen, 43, of Beaufort, South Carolina, pleaded guilty in federal court in Jacksonville, Florida, to one count of intimidating and interfering with the employees of an abortion clinic by making a bomb threat and one count of making false statements to a Special Agent with the Federal Bureau of Investigation.
“People should be able to go to work and seek medical care without fear of violence,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division will continue to enforce the Freedom of Access to Clinic Entrances Act to protect patients and health care providers against threats of force.”
“Healthcare facilities, and those who receive their services, should be able to operate free from fear of threats or harm,” said United States Attorney Maria Chapa Lopez from the Middle District of Florida. “We will continue to work with our public safety partners to ensure that no one is prohibited from exercising their right to work or access to care.”
According to court documents, on August 29, 2019, Allen called the clinic in Jacksonville, Florida, and said that someone was coming to blow it up. Allen made several other calls to the clinic that day in an attempt to interfere with its ability to provide services. Employees recognized Allen’s voice and were concerned that he would do something desperate, so they enlisted the help of a Jacksonville Sheriff’s Office officer to search the property. The FBI obtained toll records and subscriber information for the number used to make the bomb threat to the clinic and positively identified Allen as the caller. In a voluntary and surreptitiously recorded interview with the FBI, Allen falsely denied calling the clinic and stating that someone was coming to blow it up.
This case was investigated by the FBI’s Columbia and Jacksonville Divisions. Assistant United States Attorney Ashley Washington of the U.S. Attorney’s Office for the Middle District of Florida and Trial Attorneys Sanjay Patel and Anna Gotfryd of the Justice Department’s Civil Rights Division are prosecuting the case.
Senior Executives at Major Chicken Producers Indicted on Antitrust ChargesRead the Press Release
Note: The defendants in this case, Jayson Penn, Roger Austin, Mikell Fries, Scott Brady, and William Lovette, were acquitted by a jury of the charges alleged in the indictment.
A federal grand jury in the U.S. District Court in Denver, Colorado, returned an indictment against four executives for their role in a conspiracy to fix prices and rig bids for broiler chickens, the Department of Justice announced.
“Particularly in times of global crisis, the division remains committed to prosecuting crimes intended to raise the prices Americans pay for food,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “Executives who cheat American consumers, restauranteurs, and grocers, and compromise the integrity of our food supply, will be held responsible for their actions.”
The one-count indictment charges four current and former senior executives from two major broiler chicken producers with conspiring to fix prices and rig bids for broiler chickens. Broiler chickens are chickens raised for human consumption and sold to grocers and restaurants.
According to the indictment, from at least as early as 2012 until at least early 2017, Jayson Penn, Roger Austin, Mikell Fries, and Scott Brady conspired to fix prices and rig bids for broiler chickens across the United States. Penn is the President and Chief Executive Officer, and Austin is a former Vice President, of a chicken supplier headquartered in Colorado. Fries is the President and a member of the board, and Brady is a Vice President, of a broiler chicken producer headquartered in Georgia.
“The FBI will not stand by as individuals attempt to line their pockets while hard-working Americans and restaurant owners are trying to put food on their tables,” said Timothy R. Slater, Assistant Director in Charge of the FBI’s Washington Field Office. “Today’s announcement shows the FBI’s commitment to investigating allegations of price fixing so that the perpetrators can be held accountable.”
“Rigging bids and fixing prices hurts consumers and undermines our economic system,” said Peggy E. Gustafson, Inspector General of the Department of Commerce. “We are committed to working with our law enforcement partners to root out those who take advantage of the American public’s trust.”
“We appreciate the commitment and investigative partnership with the Department of Justice’s Antitrust Division, the Federal Bureau of Investigation, and the Department of Commerce, Office of Inspector General,” said Special Agent in Charge Bethanne M. Dinkins of the U.S. Department of Agriculture (USDA), Office of Inspector General (OIG). “Ensuring the integrity of competition in agricultural markets in order for producers to receive competitive prices for their products, and to prevent consumers from being cheated, is of the utmost importance to USDA OIG, and we will continue to dedicate resources to the investigation of matters involving such potential of competitive harms.”
Penn, Austin, Fries, and Brady are the first to be charged in an ongoing criminal investigation into price fixing and bid rigging involving broiler chickens.
An indictment alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The offense charged carries a statutory maximum penalty of 10 years in prison and a $1 million fine. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than $1 million.
This case is the result of an ongoing federal antitrust investigation into price fixing, bid rigging, and other anticompetitive conduct in the broiler chicken industry, which is being conducted by the Antitrust Division with the assistance of the U.S. Department of Commerce Office of Inspector General, Federal Bureau of Investigation Washington Field Office, and U.S. Department of Agriculture Office of Inspector General. Special thanks to U.S. Attorney Jason R. Dunn and Assistant U.S. Attorney Hetal Doshi from the District of Colorado for their assistance.
Anyone with information on price fixing, bid rigging, and other anticompetitive conduct related to the broiler chicken industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or visit www.justice.gov/atr/contact/newcase.html.
Salt Lake City Man Arrested on Federal Arson Charges for Alleged Burning of Salt Lake City Police Patrol CarRead the Press Release
SALT LAKE CITY – A federal complaint filed in federal court Wednesday morning charges Jackson Stuart Tamowski Patton of Salt Lake City with one count of arson for allegedly setting fire to a Salt Lake City Police Department vehicle during protests in Salt Lake City Saturday.
The complaint alleges that after rioters overturned a Salt Lake City patrol car during a protest in downtown Salt Lake City Saturday, the patrol car was set on fire. According to the complaint, video footage from the riot shows Patton tossing a combustible substance onto the flames causing the flames to increase. The fire destroyed the patrol car.
Salt Lake City police officers arrested Patton, age 26, Tuesday night at a protest event in Salt Lake City. An initial appearance in federal court will be set later.
The complaint and arrest were announced today by John W. Huber, U.S. Attorney for Utah; Chief Mike Brown of the Salt Lake City Police Department; Paul H. Haertel, Special Agent in Charge of the Salt Lake City FBI; David Booth, ATF Special Agent in Charge for Utah; and Utah Department of Public Safety Commissioner Jess L. Anderson.
“We value and support the rights we all enjoy to peacefully demonstrate and advocate for our beliefs. However, we have zero tolerance for those who hijack peaceful protests and commit violations of federal law,” U.S. Attorney John W. Huber said today. “Those involved in this criminal behavior – including the conduct alleged in this complaint – should know that we will use every available tool we have to hold them accountable.”
“Our detectives worked tirelessly to ascertain the identities of numerous perpetrators of violence and destruction in our city. We too are committed to bringing to justice those who attempted to interrupt the peaceful protest,” Salt Lake City Police Chief Mike Brown said today. “We appreciate the partnerships we share with our federal agencies, to make sure that, through our shared resources, we are able to bring the correct judgment to these criminals.”
A complaint is not a finding of guilt. Individuals charged in a complaint are presumed innocent and entitled to a fair trial. The charge in the complaint has a potential sentence of 20 years in prison with a minimum sentence of five years.
Riverside Medical Clinic Agrees to Settle Allegations It Violated Federal Law by Not Providing Access to the Deaf or Hard of HearingRead the Press Release
LOS ANGELES – Riverside Medical Clinic, a company that operates seven medical offices in Riverside County, has agreed to resolve allegations that it violated the Americans with Disabilities Act (ADA) by failing to provide effective communication to deaf and hard-of-hearing patients.
The settlement resolves allegations that Riverside Medical Clinic failed to provide a qualified sign language interpreter or other appropriate form of auxiliary aid or service to a patient who is deaf and her family, instead relying on a video remote interpretation system that often failed to work.
The ADA requires medical providers to ensure effective communication for patients who are deaf or hard of hearing. The settlement requires the company to provide appropriate auxiliary aids and services free of charge so that people who are deaf or hard of hearing have full and equal access to treatment at its offices.
Under the settlement agreement, Riverside Medical Clinic must:
- provide appropriate auxiliary aids and services necessary for effective communication to patients and their companions who are deaf or hard of hearing;
- advertise the availability of auxiliary aids and services;
- conduct individualized assessments for patients who are deaf or hard of hearing to determine what auxiliary aids and services are best suited for their needs; and
- pay $5,000 in compensation to the complainant and a $1,000 civil penalty to the United States.
Riverside Medical Clinic fully cooperated with the government’s investigation.
Assistant United States Attorney Matthew E. Nickell of the Civil Division’s Civil Rights Section handled this matter.
This year marks the ADA’s 30th Anniversary. The Department of Justice plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living and economic self-sufficiency for people with disabilities.
For more information on the ADA or this settlement agreement, please call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or access the ADA website at http://www.ada.gov.
Reserve man sentenced for shooting man in the face on Fort Peck Indian ReservationRead the Press Release
GREAT FALLS—A Reserve man who admitted shooting another man in the face with a .22-caliber rifle on the Fort Peck Indian Reservation in 2018 was sentenced today to 46 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.
Jonathan Black Jr., 33, pleaded guilty in February to assault resulting in serious bodily injury.
Chief U.S. District Judge Brian M. Morris presided.
In court records filed in the case, the prosecution said the assault occurred on March 3, 2018 at a Reserve residence where Black lived with his sister and her children. Black called 911 in the evening and reported he had just shot someone in the face. Law enforcement arrived in the area and saw the victim driving away. An officer stopped the victim, who had facial wounds but the blood seemed to be clotting and there did not seem to be any immediate medical emergency. Because the victim appeared to be in stable condition, the officer placed him in his patrol car and began investigating the shooting.
At the residence, the defendant's sister and her children came out of the house. Black then came out and was arrested.
Meanwhile, an ambulance transported the victim to a nearby hospital. The victim ultimately went to Billings Clinic, where he was treated for facial injuries that included damage to his cheek and facial fractures. The victim had to have four teeth extracted because of the gunshot and had a bullet fragment at the base of his skull.
Black told law enforcement that he was cooking when he heard banging and the victim threatening his sister. Black thought the victim might kill his sister, so he retrieved a .22 caliber rifle from a closet. Black found the victim and his sister in the bathroom, so he kicked open the door, put the rifle in the victim's face and shot him. Black then placed the rifle on the kitchen table and called 911.
Assistant U.S. Attorney Jessica Betley prosecuted the case, which was investigated by the FBI.
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President’s Commission on Law Enforcement and the Administration of Justice Holds Hearing on the Role of the Public DefenderRead the Press Release
Yesterday, the President’s Commission on Law Enforcement and the Administration of Justice held a hearing on the role of public defenders. The hearing was conducted via teleconference and featured expert witnesses who provided testimony and answered questions from the commissioners.
The commission received testimony from Geoffrey Burkhart, Executive Director of the Texas Indigent Defense Commission; Douglas K. Wilson, Chief Public Defender, Aurora (Colo.) Public Defender’s Office; Carlos J. Martinez, Miami-Dade Public Defender, Miami-Dade County, Fla., and; Mark Stephens, Former Elected Public Defender, Knox County, Tenn.
The panelists discussed the role of the public defender in the criminal justice system. Mr. Burkhart’s opening testimony argued that, “Public defenders are key to a fair justice system. The right to an attorney is a threshold right that helps protect all other constitutional rights… But public defense faces a basic problem: more than half of American counties don’t have a public defender. Instead, they rely on ‘non-systems,’ in which unsupervised attorneys take cases on an ad hoc basis, often for a flat fee.”
In Mr. Martinez’ testimony, he maintained that public defenders’ roles are critical to communities. “The criminal justice system functions by default as if offenders and victims are distinct classes of people with conflicting interests, ignoring the reality that today's offender was yesterday's victim (and vice versa),” he said. “Victims are often family and friends, who frequently identify more with offenders than with law enforcement. When punishment is meted out, the offender is not the only one punished, it is family and the community as well.”
All four testimonies touched on the need for more resources. Mr. Wilson stated, “We have no federal mandate on how the delivery of indigent defense should be funded and provided at the state and local level. This lack of direction and support at the federal level has caused severe resource deficiencies, a lack of sustainable workloads and inconsistent if not non-existence training standards.” Mr. Stephens’ testimony added, “Clients living in poverty often internalize a sense of alienation and exclusion that often manifests itself as hopelessness, desperation, frustration, powerlessness, anxiety, or depression. When public defender services are delivered in run-down, undersized, poorly maintained physical settings by attorneys with overwhelming caseloads, that sense of alienation, exclusion, and lack of worth is reinforced by the client's own lawyer.”
The commission will continue with hearings next week. For more information on the commission, please visit: https://www.justice.gov/ag/presidential-commission-law-enforcement-and-administration-justice.
Audio recordings and transcripts of the hearings will be posted online once available.
Operation Free Market Update: Two Men Sentenced to PrisonRead the Press Release
HUNTINGTON, W.Va. – Two Huntington men were sentenced to federal prison today as part of Operation Free Market, a long-term drug investigation in Huntington, according to United States Attorney Mike Stuart.
“Operation Free Market took out a significant fentanyl and heroin drug trafficking organization operating between Detroit and Huntington,” said United States Attorney Mike Stuart. “Our work is paying off. As we take more and more purveyors of these poisons off the streets, we are seeing reductions in opioid-related overdose deaths.”
George Lockhart, 44, was sentenced to eight years in prison for his role in a federal drug conspiracy and a gun crime. He previously pled guilty to an indictment charging him with conspiracy to distribute heroin and fentanyl and being a felon in possession of a firearm. Lockhart previously admitted that between December 2018 and May 2019 he conspired with other individuals to distribute heroin and fentanyl in Huntington, West Virginia. Lockhart admitted other individuals sold drugs for him at his direction. He also admitted to possessing a firearm during a search warrant in May 2019. He was prohibited by federal law to possess a firearm because he had been convicted of voluntary manslaughter in January 2011.
Bryant Holloway, 41, was sentenced to five years in prison for selling fentanyl. He pled guilty on April 24, 2019 to selling 95 grams of fentanyl to a confidential informant for $10,000. The investigation was a joint effort by the Drug Enforcement Administration (DEA) and the Violent Crime and Drug Task Force West.
United States District Judge Robert C. Chambers imposed the sentences. Assistant United States Attorney Stephanie S. Taylor handled the prosecutions.
Operation Free Market was a long-term drug investigation in the Huntington area. It was part of Operation Synthetic Opioid Surge (SOS), a Department of Justice program that seeks to reduce the supply of deadly synthetic opioids in high impact areas and to identify wholesale distribution networks and international and domestic suppliers.
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Ohio Man Pleads Guilty to Drug and Gun CrimesRead the Press Release
CHARLESTON, W.Va. – A Dayton, Ohio man pled guilty to drug and gun crimes, announced United States Attorney Mike Stuart. Keenan Watson, 24, pled guilty to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.
“7 million people or more than 4 times the population of West Virginia. That’s how many people could have died had the fentanyl in this case hit the streets and that doesn’t include the massive amount of meth or the guns,” said United States Attorney Mike Stuart. “Another out-of-state poison peddler that will be ‘hosted’ by a federal prison for potentially the rest of his life, Watson was caught with 209 grams of meth, 135 grams of fentanyl and two guns – a dangerous and deadly combination. Excellent work by the DEA and the Parkersburg Police Department. I will continue to work with our law enforcement partners to identify and prosecute gun-toting drug dealers to keep West Virginia families safe.”
Watson admitted that on Aug. 27, 2019, law enforcement officers executed a search warrant in Parkersburg, West Virginia. Watson was inside that residence and ran outside when the officers entered. He ran from the officers until they were able to catch up and arrest him. Officers removed two handguns from Watson and also recovered approximately 209 grams of methamphetamine, and approximately 135 grams of what later proved to be fentanyl from a bag that he was carrying. Watson admitted that he possessed both guns to protect himself, the quantity of methamphetamine and fentanyl that he possessed, and any proceeds from the sales of those drugs.
Watson faces up to life in prison when sentenced on Oct. 21, 2020.
The Drug Enforcement Administration (DEA) and the Parkersburg Police Department conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
These cases are part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted these cases with support from the Project Guardian partners noted above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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New Hampshire Awarded $2 Million for Law Enforcement Hiring to Advance Community PolicingRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced today that the Department of Justice has awarded $2 million in grant funding to New Hampshire communities through the Department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP).
The New Hampshire grants were part of nearly $400 million funding awards to 596 law enforcement agencies across the nation that were announced by U.S. Attorney General William Barr. These grants will allow those agencies to hire 2,732 additional full-time law enforcement professionals. The awards announced today are inclusive of the $51 million announced in May as part of Operation Relentless Pursuit.
“These troubled times demand that our cities and towns have well-trained professional police officers who can assist with community policing,” said U.S. Attorney Murray.” This grant funding will allow cities and towns in New Hampshire to put more professional law enforcement officers on the street to help keep our citizens safe. I look forward to working with these law enforcement professionals and partnering with them as they protect and serve the citizens of the Granite State.”
The following communities in New Hampshire will receive funding:
Community Officers Funding City of Claremont 1 $125,000 Hollis Police Department 1 $125,000 Laconia Police Department 2 $250,000 Manchester Police Department 10 $1,250,000 Somersworth Police Department 1 $125,000 Town of Thornton 1 $125,000The 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://go.usa.gov/xwDF8 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.
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New Castle Man Admits He Unlawfully Imported Heroin from the NetherlandsRead the Press Release
PITTSBURGH - A former resident of New Castle, Pennsylvania, pleaded guilty in federal court to a charge of unlawfully importing heroin into the United States, United States Attorney Scott W. Brady announced today.
Matthew Bauer, 44, pleaded guilty to one count before Senior United States District Judge Joy Flowers Conti.
In connection with the guilty plea, the court was advised that on January 29, 019, United States Postal Inspector obtained a search warrant for a package addressed to Bauer. The Inspectors discovered 3.5 grams of heroin inside the parcel. The following day, an undercover Postal Inspector delivered the package to Bauer. Bauer was placed under arrest after he opened the package. Bauer consented to a search of his house and home computer. A search of the computer revealed that on January 23, 2019, Bauer ordered 50 grams of heroin from a dark web vendor based in the Netherlands. Bauer used bitcoin to pay for the heroin. A parcel containing the heroin arrived in the United States on January 26, 2019, and was subsequently seized.
Judge Conti scheduled sentencing for September 23, 2020 at 11:00 am. The law provides for a total sentence of 30 years in prison, a fine of $2,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the and the prior criminal history, if any, of the defendant.
Pending sentencing, the defendant was remanded into custody.
Assistant United States AttorneyMichael Leo Ivory is prosecuting this case on behalf of the government.
The United States Postal Inspection Service conducted the investigation that led to the prosecution of Bauer.
Nearly $700,000 Coming to the Western District of New York from the Department of Justice to Fight COVID-19Read the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that five additional municipalities have been awarded grants under the Coronavirus Emergency Supplemental Funding Program through the Department of Justice. The grants awarded include:
• City of Rochester $474,295
• Erie County $58,008
• Chautauqua County $58,008
• Town of Cheektowaga $47,720
• Town of Greece $45,671“As we emerge from the coronavirus response,” noted U.S. Attorney Kennedy, “these funds will help to ensure that our first responders have the ability to continue to do exactly what they have done throughout the pandemic—keep our communities safe.”
Niagara and Monroe Counties and the cities of Niagara Falls and Jamestown previously received funding awards from the Bureau of Justice Assistance.
Projects or initiatives which may be funded with the monies include:
• Overtime costs
• Equipment and supplies (including PPE for law enforcement and medical personnel); • Hiring; • Training; • Travel expenses, particularly related to the distribution of resources to the most impacted areas; and
• Addressing the medical needs of inmates in state, local, and tribal prisons, jails, and detention centers.A total of $1,700,000 in grant funding is available to cities, towns, and counties in the WDNY.
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Mortgage Short Sale Negotiator Pleads Guilty to Defrauding Mortgage LendersRead the Press Release
BOSTON – The principal and co-founder of a North Andover mortgage short sale assistance company pleaded guilty today in connection with defrauding mortgage lenders and investors out of nearly $500,000 in proceeds from about 90 short sale transactions.
Gabriel T. Tavarez, 40, pleaded guilty to conspiracy to commit wire fraud and aggravated identity theft. U.S. District Court Judge Nathaniel M. Gorton to scheduled sentencing for October 7, 2020.
Tavarez founded and co-operated Loss Mitigation Services, LLC, with co-conspirator Jaime L. Mulvihill, 40, who previously pleaded guilty and was sentenced in February 2020 to six months in prison.
The charges arise out of the defendants’ scheme to steal undisclosed and improper fees from mortgage lenders in connection with short sales of homes. A short sale occurs where the mortgage debt on the home is greater than the sale price, and the mortgage lender agrees to take a loss on the transaction.
Loss Mitigation Services, purportedly acting on behalf of underwater homeowners, negotiated with mortgage lenders for approval of short sales in lieu of foreclosure. Mortgage lenders typically forbid short sale negotiators, such as Loss Mitigation Services, from receiving any proceeds of a short sale.
From 2014 to 2017, Tavarez and Mulvihill, directly or through their employees, falsely claimed to homeowners, real estate agents, and closing attorneys that mortgage lenders had agreed to pay Loss Mitigation Services fees known as “seller paid closing costs” or “seller concessions” from the proceeds of the short sales. In reality, the mortgage lenders had never approved Loss Mitigation Services to receive those fees. When the short sales closed, at the instruction of Tavarez or Mulvihill, or others working with them, settlement agents paid Loss Mitigation Services the fees, which typically were 3% of the short sale price above and beyond any fees to real estate agents, closing attorneys and others involved in the transaction. To deceive mortgage lenders about the true nature of the fees, Tavarez or Mulvihill filed, or caused others to file, false short sale transaction documents with mortgage lenders, including altered settlement statements and fabricated contracts and mortgage loan preapproval letters. Tavarez and Mulvihill fabricated the transaction documents, or caused them to be fabricated, in order to justify the additional fees and conceal that they were being paid to Loss Mitigation Services. In addition, Tavarez created, or directed others to create, fake letters from mortgage brokers claiming that the brokers had approved buyers for financing, in order to convince mortgage lenders to approve the additional fees.
The charge of conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. The charge of aggravated identity theft carries a mandatory two-year sentence that must run consecutively to any other sentence imposed, one year of supervised release, and a fine of $250,000, or twice the gross gain or loss. 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Robert Manchak, Special Agent in Charge, Federal Housing Finance Agency, Office of Inspector General, Northeast Region; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement today. Assistant U.S. Attorneys Sara Miron Bloom and Brian M. LaMacchia of Lelling’s Office are prosecuting the case.
Montgomery Man Sentenced to 60 Months in Prison Following Federal Gun ConvictionRead the Press Release
Montgomery, Alabama – On Monday, June 1, 2020, Steven Pruitt, Jr., a 36-year-old man from Montgomery, Alabama, was sentenced to 60 months in prison, announced United States Attorney Louis V. Franklin, Sr. Following his five-year prison sentence, Pruitt will be on supervised release for three years. There is no parole in the federal system.
According to court records, on June 20, 2017, officers from the Montgomery Police Department were conducting a search of Pruitt’s residence because he was suspected of selling marijuana out of his house. While conducting the search, they found marijuana and discovered that Pruitt was carrying a handgun. He was indicted by a federal grand jury in March of 2018 and was scheduled for a trial on June 24, 2019. However, he failed to show up for his day in court. The United States Marshals Service located Pruitt in Massachusetts about a month later and returned him to the Middle District of Alabama. In December of 2019, Pruitt pleaded guilty to possessing a firearm in furtherance of a drug trafficking crime.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Montgomery Police Department investigated this case, with assistance from the United States Marshals Service. Assistant United States Attorneys Kevin Davidson, Thomas Govan, and Eric Counts prosecuted the case.
Montana City man sentenced to prison for firearms violationRead the Press Release
HELENA—A Montana City man convicted by a jury of illegally possessing a firearm was sentenced today to five years and thee months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.
A jury in October found K. Jeffrey Knapp, 42, guilty of being a prohibited person in possession of a firearm.
Senior U.S. District Judge Charles C. Lovell presided.
The prosecution presented evidence at trial that on April 3, 2019, law enforcement agents served a federal search warrant at Knapp’s home and found 16 firearms and hundreds of rounds of ammunition. Two pistols were found on what appeared to be Knapp’s side of the bed. Knapp, having been convicted of two felonies in Colorado in 1994, knowingly illegally possessed firearms.
Assistant U.S. Attorney Tom Bartleson prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Jefferson County Sheriff’s Office.
This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.
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Monroe Man Sentenced to 20 Years in Federal Prison for Receiving Child PornographyRead the Press Release
MONROE, La. – United States Attorney David C. Joseph announced that Christopher Joe Stamper, 28, was sentenced today by U.S. District Judge Terry A. Doughty to 20 years in federal prison and 10 years of supervised release after pleading guilty to one count of receipt of child pornography. Stamper is also required to register as a sex offender.
As part of his guilty plea on December 3, 2019, Stamper admitted that in November of 2018, he began communicating with an 11-year old girl from Washington on a mobile virtual reality gaming application called Avakin Life. On November 2, 2018, Stamper and the minor female moved their conversation to text messages. Stamper asked the minor to talk “sexually” with him and proceeded to engage in “role-playing” conversations that were sexually explicit in nature. Stamper asked to see her in various stages of undress and received multiple nude pictures of the 11-year old girl.
The FBI, Ouachita Parish Sheriff’s Office, and Black Diamond Police Department, Black Diamond, Washington, conducted the investigation. Assistant U.S. Attorneys Jessica D. Cassidy and Earl M. Campbell prosecuted the case.
U.S. Attorney Joseph offers the following tips to help protect children online:
- Review and approve games and apps before they are downloaded.
- Make sure privacy settings are set to the strictest level possible for online gaming systems and electronic devices.
- Monitor your children’s use of the internet.
- Keep electronic devices in a common area of the house.
- Check your children’s profiles and what they post online.
- Explain to your children that images posted online will be permanently on the internet.
- Make sure that children understand online risks – only chat with people they know, block people they don’t know or trust. If anyone asks to engage in sexually explicit activity online, tell a parent, guardian, or other trusted adult about it.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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 https://www.justice.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the “resources” tab.
To report suspicious activity or instances of child sexual exploitation, contact your local law enforcement agency or submit tips through the following agencies:
- Leave a tip with the FBI at tips.fbi.gov. Tips may be submitted anonymously.
- Submit a tip online at www.ice.gov/tipline, by phone at 866-DHS-2-ICE or by contacting your local HSI office.
- File a report with NCMEC at 1-800-THE-LOST.
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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.
Monmouth County Man Charged with Tax Evasion, Corrupt Interference with Administration of Internal Revenue Laws, and Failure to File Tax ReturnRead the Press Release
NEWARK, N.J. – A Monmouth County, New Jersey, man was charged today with tax evasion, corrupt interference with the administration of the Internal Revenue laws, and failure to file a federal tax return, U.S. Attorney Craig Carpenito announced.
Thomas Bertoli, 62, of Matawan, New Jersey, has been charged by complaint with two counts of tax evasion, one count of corrupt interference with the administration of the Internal Revenue laws, and one count of failure to file a tax return. A summons was issued for Bertoli to appear before a United States Magistrate Judge at a time to be scheduled.
According to the complaint:
Defendant Bertoli operated the following businesses: The Doormen Inc.; City Street Associates LLC, a/k/a CSA LLC; and Urban Logistics LLC. Individually and through his companies, Bertoli obtained payments from clients for services provided, including payments from developers and construction firms for expediting services on real estate development and construction projects, primarily in Jersey City, New Jersey; and payments from political campaigns for political consulting services in New Jersey. Expediting in the construction industry typically refers to facilitating the acquisition of building permits and other government agency approvals required for the completion of real estate projects.
Bertoli obtained hundreds of thousands of dollars in gross receipts for calendar years 2009 to 2016. Bertoli had not, as of April 18, 2017, filed federal tax returns or paid any of the taxes due, other than a $5,000 nominal payment in September 2014, for those years. He concealed and attempted to conceal from the IRS his income and assets through various means; Bertoli cashed at check cashers payments from his clients, made false and fraudulent statements to the IRS, and used the Urban Logistics bank account for personal expenditures.
Bertoli is charged with tax evasion for calendar years 2009 to 2013 and evasion of assessment of taxes for calendar year 2014. He also is charged with corrupt interference with the administration of the Internal Revenue laws and failing to file a tax return for calendar year 2013.
Each charge of tax evasion carries a maximum potential penalty of five years in prison and a $250,000 fine. The charge of corrupt interference with the administration of the Internal Revenue laws carries a maximum potential penalty of three years in prison and a $250,000 fine. The charge of failing to file a tax return carries a maximum potential penalty of one year in prison and a $100,000 fine.
U.S. Attorney Carpenito credited special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Laura J. Perry and special agents of the FBI, under the direction of Acting Special Agent in Charge Douglas Korneski in Newark, with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorneys J Fortier Imbert and Jihee G. Suh of the U.S. Attorney’s Office’s Special Prosecutions Division.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Member of Navajo Nation from Newcomb, New Mexico pleads guilty to abusive sexual contact in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Garrith Bitsilly, 33, of Newcomb, New Mexico, pleaded guilty in federal court in Albuquerque on June 1 to a charge of abusive sexual contact in Indian Country.
According to Bitsilly’s plea agreement, he committed the offense between Feb. 1, 2014, and Aug. 31, 2014 within the territory of the Navajo Nation in San Juan County. Bitsilly forced a child under the age of 12 to have sexual contact with him at a family member’s residence. Bitsilly is an enrolled member of the Navajo Nation.
Bitsilly is currently in custody pending sentencing. He faces 63 months in prison under the terms of his plea agreement.
The Farmington office of the FBI investigated this case. Assistant U.S. Attorney Elisa C. Dimas is prosecuting the case.
Manchester Man Sentenced to 60 Months for Methamphetamine TraffickingRead the Press Release
CONCORD - Michael Jones, 47, of Manchester, was sentenced on Tuesday to 60 months in federal prison for methamphetamine trafficking, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, from March 18, 2019 until April 19, 2019, a cooperating individual, at the direction of Manchester Police Department detectives, arranged on three occasions to buy methamphetamine from Jones. The cooperator purchased in excess of 120 grams of methamphetamine from Jones during these transactions.
Jones previously pleaded guilty on March 3, 2020.
“By now, New Hampshire drug traffickers should have gotten the message that distributing dangerous and illegal drugs carries a high personal cost for them,” said U.S. Attorney Murray. “The cost for this trafficker is 60 months in Federal prison. Under Operation SOS we will continue to work with the Manchester Police Department and law enforcement agencies across Hillsborough County to ensure that drug traffickers are held accountable for their actions.”
This matter was investigated by the Manchester Police Department. The case is being prosecuted by Assistant U.S. Attorney Joachim Barth.
This case is part of Operation Synthetic Opioid Surge (S.O.S.). In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts. The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids. In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua.
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Man from Las Cruces, New Mexico faces federal child pornography chargesRead the Press Release
ALBUQUERQUE, N.M. – Ismael Valdez, 37, of Las Cruces, New Mexico, appeared in federal court in Las Cruces on June 1 for an initial appearance on a criminal complaint charging him with attempted enticement of a minor, attempted production of child pornography, attempted solicitation of child pornography, and attempted transfer of obscene material to a minor.
According to the criminal complaint, Valdez allegedly committed these offenses between April 29 and May 29 of this year. Valdez allegedly sent a sexually explicit video to an undercover law enforcement officer posing as a 13-year-old girl on a social networking application. Valdez also asked the person he thought was a child to send sexually explicit material of herself to him. Valdez arranged to meet the person he believed was a child to have sex. He traveled from his home in Las Cruces to the meeting location where law enforcement agents arrested him.
Valdez is currently in custody pending a detention hearing on June 4. He faces up to life in prison. A criminal complaint is only an accusation. A defendant is presumed innocent until proven guilty.
FBI investigated this case. Assistant U.S. Attorney Matilda McCarthy Villalobos is prosecuting the case.
Man Pleads Guilty to Transporting an Illegal Alien from TortolaRead the Press Release
St. Thomas, USVI – United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands announced today that Ahmaud Rodriguez pleaded guilty to transporting an illegal alien. Rodriguez will be sentenced at a later date.
According to court documents filed in the case, on December 7, 2019, Rodriguez agreed to transport an illegal alien from Tortola, BVI to St. John, USVI for a cash payment. Just before 5:00 am, Rodriguez arrived in a small dinghy vessel at the St. John ferry dock in Tortola, BVI where he met his illegal passenger. Rodriguez collected his fee and made his way in to U.S. waters where he was stopped by Customs and Border Patrol agents just north of St. John.
This case is being investigated by the Department of Homeland Security and prosecuted by the United States Attorney’s Office of the Virgin Islands. A complaint is merely a charging document, and it is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty beyond a reasonable doubt in a court of law.
Man Charged with Murder in Aid of RacketeeringRead the Press Release
HAMMOND- Gustavo Mata, 28, has been charged with murder in aid of racketeering in a criminal complaint, announced U.S. Attorney Kirsch.
According to the criminal complaint, on July 1, 2012, in Chicago, Illinois, Gustavo Mata shot and killed Kelly Vann, age 49, who was mistakenly believed to be a rival gang member, in order to increase his position in the Latin Dragon street gang. The Latin Dragon Nation is a criminal street gang that originated in Chicago and spread to other areas, including the Northern District of Indiana. Members and associates of the Latin Dragon Nation allegedly engage in acts of violence, including murder, attempted murder, witness tampering, and assault, to protect the gang’s power, territory, and operations.
“Gang violence, like the acts charged today, will not be tolerated and will be aggressively prosecuted by my office,” said U.S. Attorney Thomas L. Kirsch II. “Senseless acts of gang violence like this have to stop and until they do, we will continue to pursue those who engage in these acts.”
The United States Attorney’s Office emphasizes that a criminal complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is the result of the investigative efforts of the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Chicago Police Department Criminal Enterprise Unit; the Cook County Sheriff’s Office; the Bartlett Police Department; the Hammond Police Department; the East Chicago Police Department; the Merrillville Police Department; the Hobart Police Department; the Lake County Sheriff’s Department; and the Calumet City Police Department, with assistance from the Lake County, Indiana Prosecutor’s Office, the Cook County, Illinois State’s Attorney’s Office, the Indiana Department of Corrections, and the Illinois Department of Corrections. This case is being prosecuted by Assistant U.S. Attorneys Joseph A. Cooley and Kevin Wolff and Special Assistant U.S. Attorney Michael J. Toth, with assistance from the Criminal Division’s Organized Crime and Gang Section Trial Attorney Hans Miller.
Local and state law enforcement agencies awarded community policing funding from Department of JusticeRead the Press Release
COLUMBUS, Ohio – David M. DeVillers, United States Attorney for the Southern District of Ohio, announced today that fifteen local and two Ohio law enforcement agencies have been awarded more than $18 million in funding through the Department of Justice’s Office of Community Oriented Policing Services (COPS) to hire an additional 134 full-time law enforcement officers to support their community policing efforts.
The local agencies will receive more than $16 million. The two state agencies will receive approximately $2 million.
Funding recipients in the Southern District of Ohio, the number of officers they plan to hire and the amount they received include:
AGENCY
NUMBER OF OFFICERS
AMOUNT
Aberdeen Police Department
1
$104,101
Cambridge, City of
2
$250,000
Cincinnati, City of
86
$10,750,000
Dayton, City of
5
$625,000
Fairborn, City of
2
$250,000
Greenfield, City of
1
$125,000
Hamilton County Sheriff's Office
10
$1,250,000
Jackson County Sheriff's Department
2
$250,000
Middletown, City of
2
$250,000
Mt. Healthy, City of
2
$250,000
New Boston Police Department
2
$250,000
Ohio Department of Rehabilitation And Correction
4
$752,014
Ohio State Highway Patrol
5
$1,281,658
Trotwood, City of
4
$1,039,007
Union City
2
$219,461
Washington County Sheriff's Department
1
$125,000
Whitehall Division of Police
3
$375,000
“Looking over this list, I see cities, counties and villages committed to hiring new officers to build trust with the people they serve,” DeVillers said. “We will help these agencies continue to expand their community policing efforts.”
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.
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. Fifty-seven percent of the awards nationwide 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 rest will focus on violent crime.
The COPS Office received nearly 1,100 applications requesting more than 4,000 law enforcement positions. 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 .
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Leader of Mt. Morris Cocaine Trafficking Ring SentencedRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced that Carlos Garcia Rivero, 45, of Mt. Morris, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine and 500 grams or more of cocaine, was sentenced to serve 108 months in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Matthew T. McGrath, who is handling the case, stated that the defendant was the leader of a cocaine trafficking organization based in Mt. Morris. Rivero was arrested by the FBI on February 20, 2019, as he arrived at JFK International Airport on a flight from Colombia.
Rivero would obtain bulk quantities of powder cocaine to be distributed, at his direction, by a number of street level drug dealers as either powder or crack cocaine. The defendant supplied those dealers with pre-packaged quantities of cocaine and crack cocaine, which would then be sold to individual drug users. Investigators located nearly 500 grams of powder cocaine hidden in the basement of Rivero’s residence o Chapel Street in Mt. Morris. Over $15,000 in cash was located at another premises utilized by Rivero’s organization for its drug dealing activities.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton; the Livingston County Sheriff’s Office and the Livingston County Drug Task Force, under the direction of Sheriff Thomas Dougherty; and the Livingston County District Attorney’s Office, under the direction of District Attorney Gregory J. McCaffrey.
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Lawrence Man Sentenced for Role in Fentanyl ConspiracyRead the Press Release
BOSTON – A Lawrence man was sentenced today in federal court in Boston for his role in a fentanyl distribution conspiracy.
Carlos Torres, 28, of Lawrence, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 90 months in prison and three years of supervised release. On Dec. 10, 2019, Torres pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute fentanyl and one count of possession with intent to distribute fentanyl.
On April 19, 2018, during an undercover operation, agents surveilled Torres providing his co-conspirator, Carlos Rodriguez, with fentanyl from a residence in Methuen. Upon arresting Rodriguez, agents seized 157 grams of fentanyl. During the execution of a search warrant at the Methuen residence, agents seized an additional 586 grams of fentanyl, drug packaging, a digital scale, a firearm, and ammunition from the residence.
In May 2019, Rodriguez was sentenced 60 months in prison and four years of supervised release.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division made the announcement. Valuable assistance was provided by the Lawrence, Andover and Methuen Police Departments. Assistant U.S. Attorneys Philip C. Cheng and Jared C. Dolan of Lelling’s Narcotics and Money Laundering Unit are prosecuting the cases.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Justice Department Settles Immigration-Related Discrimination and Retaliation Claims Against Rhode Island Manufacturing CompanyRead the Press Release
The Department of Justice today announced that it has reached a settlement agreement with ChemArt, a Rhode Island-based manufacturer of ornaments and custom-designed collectibles.
The settlement resolves claims that ChemArt discriminated against a U.S. citizen worker because of her perceived citizenship status and then retaliated against the worker when she objected to the practice in violation of the antidiscrimination provision of the Immigration and Nationality Act (INA).
“Employers must be careful not to make requests for more or different work authorization documents than specified by law because of a worker’s actual or perceived citizenship status and should not retaliate against workers for asserting their rights,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We appreciate ChemArt’s cooperation during the investigation and look forward to working with the company to ensure compliance with the antidiscrimination provision of the INA.”
The department began its investigation of ChemArt after the affected worker filed a discrimination complaint. The department’s investigation concluded that after ChemArt offered the worker a human resources staff position, the company unlawfully requested that the worker provide a specific immigration document for employment eligibility verification purposes based on her perceived citizenship status. Soon after she objected to the document request as discriminatory, ChemArt rescinded the worker’s job offer, according to the department.
Under the INA’s antidiscrimination provision, all workers must be permitted to choose from among the valid work authorization documents to prove their employment eligibility regardless of their citizenship status. The INA’s antidiscrimination provision prohibits employers from requesting specific work authorization documents because of an individual’s citizenship, immigration status, or national origin. The statute also prohibits employers from retaliating against workers because they opposed unlawful employer conduct or conduct that they reasonably believed was unlawful discrimination.
Under the terms of the settlement agreement, ChemArt will pay a civil penalty of $3,000 for the violations, provide back pay to the charging party, review its application and onboarding materials to ensure compliance with the INA’s antidiscrimination provision, train its staff regarding the employment eligibility verification process, and be subject to departmental monitoring for three years.
IER is responsible for enforcing the antidiscrimination provision of the INA. The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, can file a charge. The public also can contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
Justice Department Seeks Forfeiture of More than $20 Million in Assets Relating to Unlawful Use of U.S. Financial System to Evade and Violate Iranian SanctionsRead the Press Release
A forfeiture complaint was filed today in the U.S. District Court for the District of Alaska alleging that assets equivalent to more than $20 million are subject to forfeiture based on violations of the International Emergency Economic Powers Act (IEEPA) and federal money laundering statutes.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Bryan Schroder for the District of Alaska, Special Agent in Charge Robert W. Britt of the FBI’s Anchorage Field Office and Special Agent in Charge Justin H. Campbell of the IRS-Criminal Investigation’s (IRS-CI) Seattle Field Office made the announcement.
The civil forfeiture complaint alleges that Kenneth Zong, a U.S. citizen, conspired with three Iranian nationals to evade the prohibitions of IEEPA and the Iranian Transactions and Sanctions Regulations (ITSR) by engaging in false, fictitious and fraudulent transactions which were designed to unlawfully convert and remove Iranian owned funds in a Korean financial institution, equivalent to approximately $1 billion U.S. dollars (USD). These funds were held in Korean bank accounts and converted into more easily tradeable currencies, such as USD, through U.S. financial institutions and laundered into and through a host of shell company accounts in multiple jurisdictions, including the United States, the United Arab Emirates and Korea.
Approximately $20 million in funds traceable to this scheme were used by Zong’s co-conspirators to attempt to purchase a hotel in Tbilisi, Georgia in 2011 and 2012. The proceeds of these funds and this attempted transaction are the subject of the forfeiture complaint.
A complaint is merely an allegation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI and IRS-CI are investigating the case. Deputy Chief Woo S. Lee and Senior Trial Attorney Michael Olmsted of the Criminal Division’s Money Laundering and Asset Recovery Section and Assistant U.S. Attorneys Jonas Walker and Steven Skrocki of the U.S. Attorney’s Office for the District of Alaska are prosecuting the case. The Criminal Division’s Office of International Affairs provided valuable assistance in this matter.
The department appreciates the significant assistance provided by UAE authorities, including in particular the Dubai Police Department’s Anti-money Laundering and Financial Crimes Division and the Government of Ras al Khaimah. The department also appreciates the significant assistance provided by the Office of the Prosecutor General of Georgia and the Supreme Prosecutor’s Office and Ministry of Justice of the Republic of Korea.
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.
Justice Department Seeks Forfeiture of More Than $20 Million in Assets Relating to Unlawful Use of U.S. Financial System to Evade and Violate Iranian SanctionsRead the Press Release
Anchorage, Alaska – A forfeiture complaint was filed today in the U.S. District Court for the District of Alaska alleging that assets equivalent to more than $20 million are subject to forfeiture based on violations of the International Emergency Economic Powers Act (IEEPA) and federal money laundering statutes.
U.S. Attorney Bryan Schroder for the District of Alaska, Special Agent in Charge Robert W. Britt of the FBI’s Anchorage Field Office, Special Agent in Charge Justin H. Campbell of the IRS-Criminal Investigation’s (IRS-CI) Seattle Field Office, and Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, made the announcement.
The civil forfeiture complaint alleges that Kenneth Zong, a U.S. citizen, conspired with three Iranian nationals to evade the prohibitions of IEEPA and the Iranian Transactions and Sanctions Regulations (ITSR) by engaging in false, fictitious and fraudulent transactions which were designed to unlawfully convert and remove Iranian owned funds in a Korean financial institution, equivalent to approximately $1 billion U.S. dollars (USD). These funds were held in Korean bank accounts and converted into more easily tradeable currencies, such as USD, through U.S. financial institutions and laundered into and through a host of shell company accounts in multiple jurisdictions, including the United States, the United Arab Emirates and Korea.
Approximately $20 million in funds traceable to this scheme were used by Zong’s co-conspirators to attempt to purchase a hotel in Tbilisi, Georgia. The proceeds of these funds and this attempted transaction are the subject of the forfeiture complaint.
The FBI and IRS-CI are investigating the case. Assistant U.S. Attorneys Jonas Walker and Steven Skrocki of the U.S. Attorney’s Office for the District of Alaska, and Deputy Chief Woo S. Lee and Senior Trial Attorney Michael Olmsted of the Criminal Division’s Money Laundering and Asset Recovery Section are prosecuting the case. The Criminal Division’s Office of International Affairs provided valuable assistance in this matter.
The Department appreciates the significant assistance provided by UAE authorities, including in particular the Dubai Police Department’s Anti-money Laundering and Financial Crimes Division and the Government of Ras al Khaimah. The Department also appreciates the significant assistance provided by the Office of the Prosecutor General of Georgia in 2011 and 2012, and the Supreme Prosecutor’s Office and Ministry of Justice of the Republic of Korea.
A complaint is merely an allegation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Justice Department Awards Nearly $400 Million for Law Enforcement Hiring to Advance Community PolicingRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that $2,100,474 in grant funding has been awarded to multiple law enforcement agencies in Alaska, which allows those agencies to hire a combined total of 19 law enforcement professionals to help keep our communities safe.
This is part of the Department of Justice’s announcement in awarding 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 today are inclusive of the $51 million announced in May as part of Operation Relentless Pursuit. A complete list of the Alaska awards is below:
State Law Enforcement Agency Officers Award Amount AK Akiak Native Community 2 $214,956 AK Bethel Police Department 1 $125,000 AK Chevak, City of 6 $491,234 AK Ft. Yukon Police Department 2 $240,598 AK Marshall, City of 3 $403,688 AK Nome Police Department 1 $125,000 AK Northwest Arctic Borough 3 $375,000 AK Palmer Police Department 1 $125,000“It’s paramount that our local and tribal law enforcement partners have the right resources to keep our Alaska communities safe,” said U.S. Attorney Schroder. “Not only will these additional resources help expand community policing efforts throughout the state, but also will help address the public safety crisis in rural Alaska.”
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. 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.
Justice Department Awards Nearly $400 Million for Law Enforcement Hiring to Advance Community PolicingRead the Press Release
MADISON, WIS. – The U.S. Department of Justice today 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 today are inclusive of the $51 million announced in May as part of Operation Relentless Pursuit.
“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 agencies receiving these funds will be able to increase the number of officers they have to address the most critical crime issues in their communities,” said Scott C. Blader, United States Attorney for the Western District of Wisconsin. “The focus on community policing will strengthen relationships between these agencies and the citizens they serve.”
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. Forty-three 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. 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.
Justice Department Awards More Than $20 Million to Hire Community Policing Officers in the Middle District of FloridaRead the Press Release
Tampa, FL – U.S. Attorney Maria Chapa Lopez today announced $20,875,000 in grant funding through the Department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). These funds have been awarded to 14 law enforcement agencies throughout the Middle District of Florida and will allow for the hiring of 167 additional full-time law enforcement officers.
“Community policing is an effective tool in reducing crime in our neighborhoods, building relationships of mutual trust and accountability, and implementing successful prevention and intervention strategies,” said U.S. Attorney Maria Chapa Lopez. “We are eager to continue working with our partner agencies, our community, and our citizens in this collective problem solving strategy to improve public safety.”
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.
The Attorney General previously 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 are inclusive of the $51 million announced in May as part of Operation Relentless Pursuit.
“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.”
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. 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.
Middle District of Florida Law Enforcement Agency
Officers
Award Amount
Bradenton Police Department
3
$375,000
Cape Coral Police Department
4
$500,000
Clay County Sheriff's Department
5
$625,000
Collier County Sheriff's Department
4
$500,000
Ft. Myers, City of
10
$1,250,000
Jacksonville, City of
40
$5,000,000
Nassau County Board of County Commissioners
4
$500,000
Orange County Sheriff's Office
20
$2,500,000
Orlando, City of
10
$1,250,000
Palm Bay, City of
6
$750,000
Pasco County Sheriff's Department
30
$3,750,000
St. Cloud Police Department
4
$500,000
St. Petersburg Police Department
25
$3,125,000
Starke, City of
2
$250,000
Joint Terrorism Task Force Charges Three Men Who Allegedly Sought to Exploit Protests in Las Vegas and Incite ViolenceRead the Press Release
LAS VEGAS, Nev. — U.S. Attorney Nicholas A. Trutanich for the District of Nevada, Clark County District Attorney Steve Wolfson, Special Agent in Charge Aaron C. Rouse for the FBI, and Sheriff Joseph Lombardo of the Las Vegas Metropolitan Police Department announced today that three alleged members of the “Boogaloo” movement — a term used by extremists to signify a coming civil war and/or collapse of society — have been charged with violations of federal and state law for conspiracy to cause destruction during protests in Las Vegas, and possession of an unregistered destructive device (specifically, an improvised incendiary device commonly known as a Molotov cocktail).
“Violent instigators have hijacked peaceful protests and demonstrations across the country, including Nevada, exploiting the real and legitimate outrage over Mr. Floyd’s death for their own radical agendas,” said U.S. Attorney Trutanich. “Law enforcement is focused on keeping violence and destruction from interfering with free public expression and threatening lives.”
Clark County District Attorney Steve Wolfson stated: “My office is committed to aggressively prosecuting those who make it their mission to create chaos and destruction with total disregard for the safety and well-being of our citizens and the law enforcement officers sworn to protect and serve our community. This type of planning and intent on causing mayhem is terroristic and will not be tolerated. Thankfully, the Joint Terrorism Task Force is able to identify and stop such actions. Now it’s my job to hold these men accountable.”
“This quick and decisive action by the FBI’s Joint Terrorism Task Force underscores the exceptional partnership and professionalism of our diverse membership,” said FBI Special Agent in Charge Aaron C. Rouse. “Federal, state, and local agencies committed to stopping acts of terrorism before they can occur. Citizens of Nevada can take comfort that the law enforcement partnerships in this state continue to work together every day to protect them no matter the circumstances.”
Las Vegas Metropolitan Police Department (LVMPD) Captain Chris Tomaino said: “The LVMPD worked together daily in the Joint Terrorism Task Force with the FBI, U.S. Attorney's Office, and Clark County District Attorney's Office in this investigation that helped protect Southern Nevada's citizens and officers from individuals looking to harm citizens for their own political ends.”
Stephen T. Parshall, aka “Kiwi,” 35, Andrew Lynam, 23, and William L. Loomis, 40, all of Las Vegas, were each charged in a federal criminal complaint with (a) one count of conspiracy to damage and destroy by fire and explosive; and (b) one count of possession of unregistered firearms, that is, a destructive device. A criminal complaint is a formal accusation of criminal conduct for purposes of establishing probable cause, not evidence of guilt. Every defendant is presumed innocent unless and until proven guilty in a court of law.
If convicted of federal charges, Parshall, Lynam, and Loomis each face a statutory maximum sentence of (a) 20 years in prison and a $250,000 fine for conspiracy to damage and destroy by fire and explosive; and (b) ten years in prison and a $250,000 fine for possession of unregistered firearms. The maximum statutory sentences are prescribed by Congress and are provided here for informational purposes only. If convicted of any federal offense, the sentencing of a defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Parshall, Lynam, and Loomis were all arrested in Las Vegas on May 30, 2020, and are currently in state custody. In addition to the federal charges listed above, the Clark County District Attorney’s office has filed a state criminal complaint charging the defendants with (a) one count Assist, Solicit or Conspire Conspiracy to Commit an Act of Terrorism (potential sentence of ten years to life in prison with the possibility of parole); (b) one count of Provide Material Support for use in the Commission of an Act of Terrorism (potential sentence of ten years to life in prison with the possibility of parole); (c) one count of Conspiracy to Damage or Destroy a Building by Means of Explosives (potential sentence of two to ten years in prison); and (d) one count of Possession of Component of Explosive or Incendiary Device with Intent to Manufacture Explosive Incendiary Device (potential sentence of one to six years in prison).
The charges stem from an investigation led by the FBI Joint Terrorism Task Force (JTTF) in Las Vegas, which includes the FBI, LVMPD, ATF, North Las Vegas Police Department, and the U.S. National Park Service. Each regional FBI JTTF brings together highly skilled investigators from federal, state, and local law enforcement agencies to investigate and stop terrorism. As directed by Attorney General William P. Barr, law enforcement is using the existing network of 56 regional FBI JTTFs to identify and prosecute the violent criminal organizers and instigators who have taken over peaceful protests.
U.S. Attorney Nicholas D. Dickinson is prosecuting the federal case. Deputy District Attorney Michael Dickerson, who is the primary counter-terrorism prosecutor for the Clark County District Attorney’s office, is prosecuting the state’s case.
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Jackson Woman Sentenced Under Project EJECT for Transfer of a Firearm to a Convicted FelonRead the Press Release
Jackson, Miss. – Tonya Danielle Ham, 36, was sentenced today before U.S. District Judge Carlton W. Reeves to one year probation, including 30-days of home confinement, for disposal or transfer of a firearm to a convicted felon, announced U.S. Attorney Mike Hurst and FBI Special Agent in Charge Michelle A. Sutphin.
In and around 2015, the Defendant’s husband, Wilmer Ham, was arrested and incarcerated at Madison County Jail. While in jail, Tonya Ham spoke with her husband about his charges. At the time, Wilmer Ham was charged with being a felon in possession of a firearm (a felony) and discharging a firearm within the city limits (a misdemeanor). In one particular conversation, Tonya Ham acknowledged that Wilmer should not have had the gun. In another conversation, Tonya spoke to her husband about his prior drug offense and possession of a weapon offense. At the time of the call, Wilmer Ham was indeed a convicted felon and had previously been convicted in the Bronx County Criminal Court for the felony offense of Criminal Sale of Controlled Substance and for the felony offense of Criminal Possession of a Loaded Firearm.
Approximately two years after those phone calls, on September 30, 2017, Tonya Ham purchased a Taurus, model PT738 TCP, .380 caliber pistol. Nine months after that, on June 1, 2018, Tonya Ham purchased a second firearm, a Ruger, model LCP, .380 caliber pistol.
On September 14, 2018, a Jackson Police officer responded to a call at Tony’s Food Mart located on Highway 80 in Jackson. Upon arrival, the officer noticed the store clerk frantically waving his hands in an attempt to get the officer’s attention from inside the store. Upon entering, the officer noticed the store was in disarray and a male, later identified as Wilmer Ham, was standing beside the fountain drinks. The officer attempted to speak with Wilmer Ham, but his behavior led the officer to call for backup. Before assistance could arrive, Wilmer Ham rushed the officer in an attempt to exit. As the officer tried to stop Wilmer Ham, they struggled and a firearm fell from Ham’s pocket. The firearm was later determined to be the Ruger .380 caliber pistol purchased by Tonya Ham.
Later that day, at approximately 2:55 p.m., Tonya Ham and Wilmer Ham both arrived at Tony’s Food Mart. Upon entering the store, the clerk recognized Wilmer Ham to be the same individual from the morning. Surveillance video depicts what happens inside and outside the store. The clerk armed himself with his weapon, locked the doors to the store, and dialed 911. While awaiting the arrival of police, the video shows Wilmer Ham remove a firearm out of his pocket and then put it back in his pocket. Wilmer Ham is also shown on video continuing to push the door trying to get it open. At some point, Wilmer Ham successfully gets the door to open just enough to remove the firearm from his pocket and toss it out the door.
Upon arrival, officers observe the front door partially open with Wilmer Ham in the doorway holding the door open with his foot. Officers quickly detained Wilmer Ham after confirming he was the same individual from that morning. When officers begin looking for the gun, they were informed that Tonya Ham had picked up the handgun and put it in her purse. Officers checked Tonya Ham’s purse and confirmed that the gun was indeed inside her purse. The gun was determined to be the Taurus pistol purchased by Tonya Ham on September 30, 2017. Both Tonya Ham and her husband were taken into custody.
After being Mirandized and waiving her rights, Tonya Ham gave a statement to police. In that statement, Tonya Ham stated she told her husband to throw the gun outside. She also stated that she handed the Taurus to her husband while they were in the car before the incident. The interview was audio and video recorded.
In August 2019, Wilmer Ham was charged in a federal criminal indictment with two counts of possession of a firearm by a convicted felon. He pled guilty and was sentenced by Judge Reeves on February 24, 2020, to 60-months in federal prison, followed by three years of supervised release, and fined $1500.
The case was investigated by the Federal Bureau of Investigation and the Jackson Police Department. It was prosecuted by Assistant U.S. Attorney Keesha Middleton and Special Assistant U.S. Attorney Joshua Paul Fortenberry.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) and Project Guardian. EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
Irondequoit Man Pleads Guilty to CyberstalkingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Theodore Loria, 53, of Irondequoit, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to cyberstalking. The charge carries a maximum penalty of five years in prison and $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between June 2017 and August 2019, the defendant stalked an individual (Victim) causing substantial emotional distress.
In 2017, Loria sent the Victim threatening text messages via cellular telephone. The defendant also sent a series of text messages, pretending to be a member of a local police department, stating that the Victim was an “enemy” of law enforcement and that he knew where all of Victim’s family members lived. Loria texted the Victim the correct addresses of family members.In December 2018, the defendant texted the Victim anonymously stating he knew where the Victim lived and everything about the Victim’s minor child, even providing details about the child’s school location, appearance, and the location of the child’s bedroom in the home.
In February 2019, Loria conducted physical surveillance of the Victim by driving by the Victim’s residence and business multiple times. In August 2019, the Victim observed the defendant following the Victim in his vehicle.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Assistant Director Marlin Ritzman, and the Rochester Police Department, under the direction of Chief La’Ron Singletary.
Sentencing is scheduled for August 12, 2020, at 2:00 p.m. before Judge Wolford.
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Illegal Aliens Sentenced for Unlawful Return After RemovalRead the Press Release
Gulfport, Miss. – Magdalena Maribel Gonzalez Cinto, 20, an illegal alien from Guatemala, was sentenced yesterday by Senior U.S. District Judge Louis Guirola, Jr. to “time served” (6 months and 25 days in prison), as well as one year of supervised release, for unlawful return of an alien after removal, announced U.S. Attorney Mike Hurst, Jere T. Miles, Special Agent in Charge of Homeland Security Investigations in New Orleans, and Michael J. Harrison, Acting Chief Patrol Agent of the Border Patrol’s New Orleans Sector. Gonzalez Cinto pled guilty to the charge on January 14, 2020.
Previously, on May 13, 2020, Mario Castellano-Machado, 38, an illegal alien from Honduras (and the driver of the vehicle in which Magdalena Gonzalez Cinto was a passenger) was sentenced by U.S. District Judge Sul Ozerden to “time served” (6 months and 4 days in prison) for unlawful return after removal. He was convicted after pleading guilty on December 17, 2019, before Judge Ozerden.
On November 11, 2019, at about 10:42 p.m., a Harrison County Sheriff’s Department Interdiction Unit Deputy conducted a probable cause traffic stop on a Chrysler Pacifica bearing a Temporary Texas registration, on I-10 east bound. The deputy encountered the driver, Mario Castellanos- Machado, who provided a Honduran driver’s license in the name of Yovani Cano Bardalez, which was later determined to be a false name. He told the agent that they were going from Texas to Georgia for work.
A United States Border Patrol Agent arrived at the scene and spoke with the passengers in the vehicle. Through the agent’s 23 years of experience and numerous interdiction classes, he recognized this as an alien smuggling event. All vehicle occupants were transported to the U.S. Border Patrol station in Gulfport, for processing, and Homeland Security Investigation special agents responded to the Border Patrol office to assist. All eight aliens did not have proper documents and were found to be illegally present in the United States.
Among the passengers was Gonzalez Cinto. Both aliens were positively identified by computer scans of their fingerprints into a Homeland Security Database that automatically accessed their official immigration records together with fingerprint cards, photographs and prior immigration removal documents. Both were determined to have illegally returned to the United States after having been lawfully removed back to their home nations of Honduras and Guatemala.
A third illegal alien, Teodulio Ramos Ramos, 30, a citizen of Guatemala, also was a passenger in the vehicle, pled guilty on December 17, 2019 before Judge Ozerden for unlawfully returning after removal. Ramos Ramos was sentenced on February 26, 2020, to “time served” (3 months and 16 days in prison), followed by one year of supervised release, during which he would be surrendered to Immigration and Customs Enforcement for removal proceedings to remove him to his home nation of Guatemala.
U.S. Attorney Hurst praised the cooperation exhibited by the U.S. Border Patrol, Homeland Security Investigations, and the Harrison County Sheriff’s Department. Assistant United States Attorney Stan Harris was the prosecutor for the case.
Illegal Alien Who Used a Fake Name and Another Person’s Social Security Number Sentenced to PrisonRead the Press Release
A man who used another person’s Social Security number to get a job and for tax purposes was sentenced today to three months in federal prison.
Pedro Brito-Raymundo, age 23, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a guilty plea today to one count of misuse of a social security number.
During the guilty plea portion of the hearing, Brito-Raymundo admitted that on December 26, 2019, he used an alias name and a fraudulent social security card and a fraudulent permanent resident card, also known as a “green card,” on employment forms and state and federal tax forms when applying for work in Cedar Rapids, Iowa. The Social Security account number and the Alien Registration number on the “green card” were issued to other people. Brito-Raymundo worked using that person’s social security number until he was arrested by immigration officials on February 22, 2020, at his place of employment.
Immigration officials learned about Brito-Raymundo after he was arrested on February 21, 2020, in Linn County, Iowa, on pending state criminal charges for operating a motor vehicle while intoxicated. Analysis of Brito-Raymundo’s fingerprints showed that he was ordered deported from the United States in November 2013 but had knowingly absconded from ICE supervision.
Brito-Raymundo was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Brito-Raymundo was sentenced to 93 days’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Brito-Raymundo is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-19.
Follow us on Twitter @USAO_NDIA.
Illegal Alien Who Used Another Person’s Social Security Number Sentenced to PrisonRead the Press Release
A man who used another person’s Social Security number to get a job and for tax purposes was sentenced today to three months in federal prison.
Alberto Rivera-Ramirez, age 30, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a guilty plea today to one count of misuse of a social security number.
In a plea agreement, Rivera-Ramirez admitted that on December 14, 2018, he used a fraudulent social security card and a fraudulent permanent resident card, also known as a “green card,” on employment forms and state and federal tax forms when applying for work in Cedar Rapids, Iowa. The Social Security account number and the Alien Registration number on the “green card” were issued to other people.
Immigration officials learned about Rivera-Ramirez’ illegal conduct after he was arrested on June 6, 2019, in Benton County, Iowa, on state criminal charges. On February 27, 2020, Rivera-Ramirez plead guilty in state court to Criminal Mischief in the Fourth Degree and was sentenced to 260 days in jail.
Rivera-Ramirez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Rivera-Ramirez was sentenced to 91 days’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Rivera-Ramirez is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-24.
Follow us on Twitter @USAO_NDIA.
Huntington Man Pleads Guilty to Selling Heroin and MethamphetamineRead the Press Release
HUNTINGTON, W.Va. – A Huntington man has pled guilty to a drug crime, announced United States Attorney Mike Stuart. Londel Sanders, 26, pled guilty to selling heroin and methamphetamine.
“Operation SOS is an important priority for the Department of Justice and this is a great example of its results. Great work by the Violent Crime and Drug Task Force West and the Cabell County Sheriff’s Department for getting this drug dealer off the streets,” said United States Attorney Mike Stuart.
Sanders admitted that he sold heroin to an informant in March and April 2019. He also admitted to selling methamphetamine to an informant in June 2019. He faces up to 20 years in prison when sentenced on September 8, 2020.
The Violent Crime and Drug Task Force West and the Cabell County Sheriff’s Department conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Stephanie Taylor is handling the prosecution.
This case was prosecuted as part of Operation Synthetic Opioid Surge (SOS), a Department of Justice program that seeks to reduce the supply of deadly synthetic opioids in high impact areas and to identify wholesale distribution networks and international and domestic suppliers.
Follow us on Twitter: SDWVNews and USAttyStuart
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Hollygrove Man Sentenced to 18 Months for Selling NarcoticsRead the Press Release
NEW ORLEANS, LOUISIANA – United States District Judge Jane Triche Milazzo sentenced TRAVIS CURTIS, a/k/a “Lil Awh,” age 22, a resident of New Orleans, to eighteen (18) months in the Bureau of Prisons for conspiring to distribute and possess with the intent to distribute a quantity of heroin and cocaine base (crack), in violation of Title 18, United States Code, Sections 841 and 846. CURTIS will be on three years of Supervised Release following his release from prison.
CURTIS pleaded guilty on February 3, 2020, to conspiring to distribute heroin and cocaine base with members of a drug trafficking organization based in the Hollygrove neighborhood of New Orleans, Louisiana, that operated in and around a corner grocery store. CURTIS had been intercepted on a wiretap arranging to sell narcotics to consumers.
This case was brought as part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
U. S. Attorney Peter Strasser praised the work of the Federal Bureau of Investigation’s New Orleans Gang Task Force. The prosecution is being handled by Assistant United States Attorneys Myles Ranier and Kathryn McHugh.
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Hidden cocaine shipment seized from containerRead the Press Release
SAVANNAH, GA: Three Florida men have been charged in a conspiracy to import and distribute cocaine after authorities discovered and seized a shipment with nearly $2 million worth of cocaine.
Juan De Jesus Gutierrez, 45, Jonathan Mejia, 41, and Ricardo Sanchez Ortiz, 46, all of Kissimmee, Fla., are charged in a criminal complaint unsealed in U.S. District Court with Attempt to Possess Cocaine with Intent to Distribute; Conspiracy to Distribute Cocaine; and Conspiracy to Import Cocaine, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia.
“We applaud the hard work of the law enforcement agencies tasked with interdicting the illegal shipments that traffickers attempt to hide within the massive amounts of vital commercial material,” said U.S. Attorney Christine.
An investigation into contraband shipped from the Dominican Republic led investigators with the Drug Enforcement Administration (DEA), Homeland Security Investigations (HSI), Customs and Border Protection and local law enforcement agencies to a shipping container on May 26. A subsequent search discovered approximately 50 kilograms of cocaine concealed inside the walls of cardboard boxes containing fresh oranges.
The street value of the seized drugs is estimated to be $1.75 million.
With the cocaine removed from the shipment, investigators maintained surveillance of the container when it later was picked up and delivered May 29 to a rented warehouse nearby. Gutierrez, Meija and Ortiz were taken into custody when they arrived at the site, opened the container and began unloading the boxes.
The investigation is continuing.
Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division commented, “Whether it’s on the ground, in the air or by sea (as was the case in this investigation), DEA’s commitment to protecting its citizens from the dangers of drugs is unwavering.”
“As the Port of Savannah continues to see growth in volume of cargo processed each year, criminal organizations will continue to try and smuggle their poison into the U.S.,” said acting Special Agent in Charge Robert Hammer, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Today’s arrests should serve as a warning to those organizations that law enforcement in Savannah will defend our ports and protect our communities.”
“Despite the ongoing health pandemic, our officers have heightened their enforcement efforts for these high-risk commodities, successfully disrupting the flow of deadly narcotics from entering our country,” said Christopher Kennally, Savannah CBP Area Port Director.
“Interdiction efforts such as this play a key role in preventing the entry of illicit drugs into the country,” said Kevin Doyle, Georgia Ports Authority senior director of protective services. “Our Port Police investigators are honored to work with our federal partners to help ensure the safety of our communities and our global logistics network.”
Criminal complaints contain only charges; defendants are presumed innocent unless and until proven guilty.
The case is being investigated by the Drug Enforcement Administration, Homeland Security Investigations, Customs and Border Protection, the Savannah-Chatham Counter-Narcotics Task Force, the Georgia Ports Authority Police Department, the Savannah Police Department, and the Chatham County Sheriff’s Office, and prosecuted for the United States by Assistant U.S. Attorneys Marcela C. Mateo and Frank Pennington II.
Hendersonville Man Facing Federal Arson Charges in Connection to Metro Courthouse Fire During ProtestRead the Press Release
NASHVILLE, Tenn – June 3, 2020 – A criminal complaint issued today charged Wesley Somers, 25, of Hendersonville, Tennessee, with malicious destruction of property using fire or explosives, announced U.S. Attorney Don Cochran for the Middle District of Tennessee and Assistant Attorney General for National Security John C. Demers.
“We will always vigorously defend the right of every individual to assemble and protest,” said U.S. Attorney Cochran. “This is one of our most sacred liberties guaranteed by the First Amendment of our Constitution. We will also vigorously pursue those who choose to exploit such assemblies and use violence and intimidation in order to change the dynamics of an otherwise peaceful protest.”
“The Department of Justice will vindicate the First Amendment rights of all Americans to speak, assemble and seek a redress of grievances from their government,” said Assistant Attorney General for National Security John C. Demers. “We cannot tolerate, however, those who would take advantage of moments of real anguish to endanger the innocent and destroy their property.”
The criminal complaint alleges that on the afternoon of May 30, 2020, protesters gathered in downtown Nashville following the death of George Floyd in Minneapolis, Minnesota. Later in the evening, a number of persons gathered in front of the Nashville City Hall, also known as the Metro Courthouse. Using various tools, including crowbars and other objects, they began smashing the windows of the premises and spraying graffiti on the Courthouse facade. One or more fires were also set inside of the Courthouse at this time.
Numerous video clips and photographs of the destruction at the Courthouse were posted on social media websites, on the websites for news outlets, and on other Internet sites. Somers is depicted in video clips and photographs from that evening, shirtless and wearing beige cargo shorts. In those clips and photographs, Somers—whose distinctive chest tattoos portraying the words “WILD CHILD” and “HARD 2 Love,” among others, are occasionally visible—is depicted attempting to smash windows of the Courthouse with a long object. One photograph in particular, depicted Somers holding an unknown accelerant, which had been set on fire, and placing the accelerant through the window of the Courthouse.
Somers was identified by the Metropolitan Nashville Police Department – Specialized Investigation Division, after receiving numerous tips from citizens, and was arrested on state arson charges on May 31st.
If convicted, Somers faces a mandatory minimum of five years and up to 20 years in prison.
U.S. Attorney Cochran and Assistant Attorney General Demers commended the actions of concerned citizens and the efforts of the law enforcement agencies and prosecutors who worked to quickly identify and bring these charges, including the Metropolitan Nashville Police Department; the FBI; the Bureau of Alcohol, Tobacco, Firearms & Explosives; Assistant U.S. Attorney Ben Schrader; and Trial Attorney Justin Sher of the Department’s Counterterrorism Section.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
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Han Gil Hotel, ‘Safe Haven for Drug Distributors,’ DemolishedRead the Press Release
On Tuesday, demolition crews began razing Han Gil Hotel Town, the drug-infested Dallas motel at the center of a 23-defendant drug trafficking probe, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Shuttered since the U.S. Attorney’s Office obtained a Temporary Restraining Order prohibiting use of the property in March 2019, the Han Gil was forfeited to the government and sold, interlocutory, by the U.S. Marshals to a local developer. The contract negotiated by the U.S. Attorney’s Office included a condition that the developer buy the property “as is,” and demolish the building within 120 days of closing.
In a civil case, the government argued that for years, the hotel – which was located caddy corner to a local elementary school – served as home base for multiple drug dealers selling heroin, crack cocaine, and methamphetamine. The building functioned as a “safe haven for drug distributors” and a “breeding ground for escalating criminal activity,” prosecutors said. The Court agreed, stating that the building “endangers the general welfare of the community.”
At least three victims are known to have died of drug overdoses inside the hotel, their bodies dumped by “cleanup crews” who failed to report their deaths. Numerous other drug users, who often injected themselves while still on the premises, were subjected to beatings, sexual abuse, and brutality by the dealers headquartered there.
“For far too long, the Han Gil played host to a parade of despicable criminals engaged in drug dealing, murder, and human trafficking,” said U.S. Attorney Nealy Cox. “With the destruction of the building, we have closed a chapter of the Han Gil horror story – but rest assured, our work taking down the many drug dealers that once frequented the facility is far from over.”
“Drug trafficking and the violent acts that accompany it destroy lives and leave families shattered. Now, the Han Gil, through its shattered glass and destroyed walls, will no longer be a visible symbol of the abhorrent crimes committed within its walls,” said DEA Special Agent in Charge of the Dallas Field Division Eduardo A. Chávez . “The North Texas Strike Force will continue its relentless pursuit of justice to ensure those who prey on the addicted are held accountable.”
The Han Gil’s former owner, Su Amos Mun, was charged in parallel criminal proceedings with maintaining a drug-involved premises, a violation of the Controlled Substances Act. He pleaded guilty in August 2019 and was sentenced to 20 years in federal prison.
According to his plea papers, Mun, 65, admitted that despite being aware of deadly overdoes, he allowed dealers to openly sell illicit drugs from inside his hotel rooms, charging them an inflated daily rate, or “drug tax,” to operate with impunity.
To date, 23 defendants have been charged in the Han Gil cases; 17 have pleaded guilty, including the hotel’s top dealers.
Eric Dewayne Freeman, aka “Stuff,” and Kendrick Lamel Washington, aka “Kiki,” both pleaded guilty to conspiracy to possess with intent to distribute heroin and possession of a firearm in furtherance of a drug trafficking crime and were sentenced to a combined 60 years in federal prison.
The pair admitted that they and other dealers routinely used so-called “trap rooms” within the Han Gil to peddle drugs, and that Mun tipped them off before law enforcement or city officials entered the premises.
Washington, 40, admitted that he acted as Freeman’s enforcer, using tactics “designed to instill fear” in individuals Freeman believed had stolen from him or owed him money. In December 2018, Washington used a cell phone to record Freeman, 44, torturing a young man with a blow torch.
The demolition of the site this week began with an excavator ripping through the rear portion of the building. After demolition is completed, the developer plans to replace the former drug den with new, mixed use apartment and retail buildings.
The Drug Enforcement Administration conducted the investigation with assistance from the Federal Bureau of Investigation, Coppell Police Department, Dallas Police Department, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the U.S. Marshal’s Service, Grand Prairie Police Department, Arlington Police Department, Grapevine Police Department, Lancaster Police Department, the State Department, IRS Criminal Investigation, U.S. Postal Inspection Service, Plano Police Department, Farmers Branch Police Department, Homeland Security Investigations, Garland Police Department, Rowlett Police Department, Denton Police Department, Lewisville Police Department and McKinney Police Department. Assistant U.S. Attorneys Scott Hogan, NDTX’s Civil Chief, Lindsey Beran, and Braden Civins filed the civil case. Assistant U.S. Attorneys Rick Calvert, Chief of NDTX’s Narcotics Section, and Phelesa Guy are prosecuting the criminal case. Assistant U.S. Attorneys Beverly Chapman and Melissa Childs handled the forfeiture.
Hamburg Man Indicted for Threatening A Local News ReporterRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Paul E. Lubienecki, 62, of Hamburg, NY, with stalking. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment and a previously filed complaint, between August, 20, 2019, and February 4, 2020, the defendant stalked a member of the Buffalo, NY media. On February 4, 2020, the Victim received a voicemail that contained a death threat. The Victim had been reporting on the Catholic Diocese of Buffalo clergy sex abuse scandal for the past two years, and on that day, the Victim reported that Christ the King Seminary was being closed by the Diocese.
As alleged in a complaint that was previously filed, during the call, defendant criticized the Victim's professionalism before stating, “...I know where you live in [town]. I'm going to find you. I'm going to kill you.” The Victim received other harassing voicemails from a number associated with the defendant during August, November, and December of 2019. All told, 11 harassing phone calls were made from the defendant’s phone to the Victim.”
“This indictment should serve as yet another reminder to the public,” stated U.S. Attorney Kennedy, “that while the First Amendment guarantees every person’s right to free speech, the Amendment does not protect criminal conduct.”
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Assistant Director Marlin Ritzman.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Guatemalan Man Sentenced to Prison for Document FraudRead the Press Release
A man who used a false identification document and a fictitious social security number was sentenced today to three months in federal prison.
Jasinto Cuyuch-Brito, age 23, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a guilty plea today to one count of unlawful use of an identification document and one count of misuse of a social security number.
During the guilty plea portion of the hearing, Cuyuch-Brito admitted he used a fictitious Social Security number and a fraudulent permanent resident card, also known as a “green card,” when he completed employment and tax forms in March 2018 at a business in Cedar Rapids, Iowa. On the employment application, Cuyuch-Brito claimed to be a lawful permanent resident of the United States. However, Cuyuch-Brito was previously deported from the United States in 2015 and illegally reentered the United States without the permission of the United States government. The Social Security account number used by Cuyuch-Brito was fictitious. The Alien Registration number on the “green card” was issued to another person.
Cuyuch-Brito was arrested on March 4, 2020, on the federal indictment following an investigation by Immigration and Customs Enforcement into document fraud in Cedar Rapids. A search warrant was obtained for a Cedar Rapids apartment and executed on March 4, 2020, to look for evidence related to document and Social Security. Officers attempted to enter the apartment with a key but a resident pushed the door closed and locked the deadbolt. After officers gained entrance, a resident of the apartment told the officers where Cuyuch-Brito could be found in Marion, Iowa. Officers located Cuyuch-Brito at the residence in Marion where he briefly resisted arrest.
Cuyuch-Brito was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Cuyuch-Brito was sentenced to 91 days’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Cuyuch-Brito is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-20.
Follow us on Twitter @USAO_NDIA.
Grand jury indicts former D.A.R.E. officer on child pornography chargesRead the Press Release
DAYTON – Kevin A. Kovacs, a former longtime Beavercreek police officer who was arrested in April, was indicted by a federal grand jury yesterday.
In April 2020, Kovacs was arrested by criminal complaint and charged with producing, distributing, receiving, transporting and possessing child pornography, as well as tampering with a witness or informant.
The 10-count indictment filed Tuesday evening alleges Kovacs, in March and April 2015, coerced a minor to engage in sexually explicit conduct for the purpose of creating child pornography.
Kovacs is also charged with multiple counts of distributing, receiving, transporting and possessing child pornography, as recently as December 2019.
Finally, in June 2019, Kovacs allegedly intimidated, threatened or corruptly persuaded an individual in hopes of obstructing or impeding communication with federal authorities about this investigation.
David M. DeVillers, United States Attorney, Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Fairborn Police Chief Terry Bennington and Beavercreek Police Chief Dennis Evers announced the indictment. Assistant United States Attorney Dwight Keller is representing this United States in this case.
If you have any information related to this case, please contact the FBI at 513-421-4310 or the Fairborn Police Department at 937-343-8854.
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Ghanaian National Sentenced to over One Year in Prison for Passport FraudRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Robert Owusu, 52, of the Bronx, New York, and a native and citizen of Ghana, was sentenced to one year and one day of imprisonment, and three years of supervised release, by United States District Judge Cynthia M. Rufe, for attempting to fraudulently obtain a United States passport using a false identity.
In 2018, the defendant submitted an application for a United States passport, using the identity of another in an attempt to remain in the United States illegally. While in the country, the defendant has been convicted of numerous offenses, including his most recent federal conviction for drug trafficking for which he served 45 months in prison. Owusu had previously secured a fraudulent United States passport in 1999 and reentered the country with said passport around that time after having been deported to his native Ghana. Now, he is once again facing deportation back to Ghana after he serves his latest federal sentence for passport fraud.
“To state the obvious, those who enter our country illegally are not above the law – nobody is,” said U.S. Attorney McSwain. “By his actions, Owusu has demonstrated a complete lack of respect for our nation’s laws. Not only did he flout our immigration laws and commit passport fraud, but also he committed additional, serious crimes such as drug trafficking while he was here. We will continue to work with our law enforcement partners to uphold the rule of law and ensure our nation’s immigration laws are enforced.”
The case was investigated by the Diplomatic Security Service and Homeland Security Investigations, and is being prosecuted by Assistant United States Attorney Josh A. Davison.
Fort Belknap man sentenced to prison for strangling womanRead the Press Release
GREAT FALLS— A Fort Belknap man convicted of assaulting and strangling a woman in Lodge Pole, on the Fort Belknap Indian Reservation, last year was sentenced today to 28 months in prison followed by three years of supervised release, U.S. Attorney Kurt Alme said.
After a two day trial in January, a jury found Jordan Alexander Werk, 32, guilty of assault by striking, beating or wounding and of strangulation.
U.S. District Judge Brian M. Morris presided.
The prosecution presented evidence at trial that Werk assaulted and strangled the victim on April 8, 2019 in Lodge Pole in Blaine County and on the Fort Belknap Indian Reservation. The victim reported on April 8, 2019 that Werk had assaulted her by grabbing her hair and throwing her to the ground. Werk kicked her in the chest, punched her in the head and choked her, causing her to see stars and have trouble breathing.
The victim also told law enforcement that during the assault, Werk told her that he knew how to hit someone to not show bruises and that if she was going to act like a victim, then he would treat her like one. The victim was treated for injuries, including a broken rib, at the Indian Health Service in Harlem.
Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the FBI and Fort Belknap tribal law enforcement.
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Former UAW President Gary Jones Pleads Guilty to Embezzlement, Racketeering, and Tax EvasionRead the Press Release
Gary Jones, the former President of the international United Auto Workers union, pleaded guilty today to conspiring with other high-level UAW officials to embezzle over $1 million of UAW dues money, to further racketeering activity, and to evade taxes announced U.S. Attorney Matthew Schneider.
Joining in the announcement were Irene Lindow, Special Agent in Charge of the U.S. Department of Labor – Office of Inspector General, Steven M. D’Antuono, Special Agent in Charge of the Detroit, Michigan office of the Federal Bureau of Investigation, Sarah Kull, Special Agent in Charge of the Detroit, Michigan office of the Internal Revenue Service – Criminal Investigations, and Thomas Murray, District Director, U.S. Department of Labor – Office of Labor-Management Standards.
Gary Jones, 63, of Texas, pled guilty to one count of conspiring to embezzle UAW dues money and conspiring to use a facility of interstate commerce to aid racketeering crimes between 2010 and September 2019. He also pled guilty to a separate count of conspiring to defraud the United States by evading the payment of taxes on embezzled funds and causing the UAW to file false tax returns during the same period of time.
Between June 2018 and November 2019, Jones served as the President of the International Union, United Automobile, Aerospace, and Agricultural Workers of America (“UAW”). The UAW represents over 400,000 active members and over 580,000 retired members in more than 600 local unions across the United States. Prior to serving as UAW President, Jones was the Director of UAW Region 5 and a member of the UAW’s International Executive Board from October 2012 through June 2018. The UAW’s Region 5 is headquartered in Hazelwood, Missouri, and covers the tens of thousands of UAW members in Missouri and the sixteen states to the southwest, including California and Texas. Jones was the UAW President during the forty-day strike against the General Motors Company that took place in the fall of 2019.
During the guilty plea hearing, Jones admitted to conspiring with at least six other high-level UAW officials in a multi-year conspiracy to embezzle money from the UAW for the personal benefit of Jones and other senior UAW officials. Jones and other UAW officials concealed personal expenditures in the cost of UAW Region 5 conferences held in Palm Springs, California, Coronado, California, and Lake of the Ozarks, Missouri. Between 2010 and 2018, Jones and other UAW officials submitted fraudulent expense forms seeking reimbursement from the UAW’s Detroit headquarters for expenditures supposedly incurred in connection with Region 5 leadership and training conferences. In truth, however, Jones and his co-conspirators used the conferences to conceal the hundreds of thousands of dollars in UAW funds spent on lavish entertainment and personal spending for the conspirators.
Jones admitted that he and other senior UAW officials used the UAW money to pay for personal expenses, including golf clubs, private villas, cigars, golfing apparel, green fees at golf courses, and high-end liquor and meals costing over $750,000 in UAW funds. For example, in just one of the years of the conspiracy, Jones used UAW money to purchase over $13,000 in cigars for the use of high-level UAW officials.
Besides admitting to using the UAW conferences to conceal the fraudulent use of UAW money for personal expenses, Jones also pled guilty to assisting in a conspiracy to embezzle UAW funds from the UAW’s Midwest CAP. The UAW Midwest CAP is one of the UAW’s many Community Action Programs. Jones admitted to accepting over $60,000 in cash from co-conspirator Edward Robinson who cashed over $500,000 in fraudulent UAW Midwest CAP checks and embezzled money from the UAW Labor Employment Training Corporation.
Besides conspiring with other UAW officials to embezzle UAW funds, Jones pled guilty to conspiring with UAW officials to defraud the United States by impeding the Internal Revenue Service in the collection of taxes from Jones and other UAW officials. The conspirators also caused the UAW to file false tax returns with the IRS.
Based on each of the two counts of conspiracy, Jones faces a maximum of ten years in prison and a fine of up to $250,000.
As part of his guilty plea, Jones has agreed to forfeit his interest in $81,000 in a UAW Region 5 “flower fund,” as well as $38,000 from Jones’ Members in Solidarity account. Ostensibly, the Members in Solidarity account was intended for use in internal UAW political campaigns. Jones also agreed to forfeit a set of Titleist golf clubs seized when federal agents executed a search warrant at Jones’ home in August 2019. Finally, Jones has agreed to pay over to the government the $32,377 in cash that was also seized from his residence in August 2019.
Under the terms of the plea agreement between Jones and the government, Jones is facing an advisory sentencing guideline range of 46 to 57 months in prison.
Jones is the fourteenth defendant to be convicted in connection with the ongoing criminal investigation into corruption within the UAW or relating to illegal payoffs to UAW officials by FCA executives. The following individuals have already pleaded guilty to their participation in the scheme and have been sentenced: former FCA Vice President for Employee Relations Alphons Iacobelli (66 months in prison), former FCA Financial Analyst Jerome Durden (15 months in prison), former Director of FCA’s Employee Relations Department Michael Brown (12 months in prison), former senior UAW officials Virdell King (60 days in prison), Keith Mickens (12 months in prison), Nancy A. Johnson (12 months in prison), Monica Morgan, the widow of UAW Vice President General Holiefield (18 months in prison), former UAW Vice President Norwood Jewell (15 months in prison), and former senior UAW official Michael Grimes (28 moths). In addition, the following UAW officials have pleaded guilty and are awaiting sentencing: former UAW Vice President Joseph Ashton, former senior UAW official Jeffrey “Paycheck” Pietrzyk, former UAW Region 5 Director UAW Board member Vance Pearson, and former UAW Midwest CAP President Edward “Nick” Robinson.
U.S. Attorney Schneider commended the outstanding work of the Internal Revenue Service – Criminal Investigations, the U.S. Department of Labor – Office of Labor-Management Standards and Office of Inspector General, and the Federal Bureau of Investigation in conducting a comprehensive criminal investigation into labor corruption activities involving a vital sector of the local and national economy.
“With UAW President Gary Jones’ guilty plea today, we move into a new phase of the Justice Department’s investigation of the UAW. While our criminal cases and the investigation of criminal conduct by individuals and entities continue, we will shift our focus to reforming the UAW so it serves the working men and women of the union first and foremost. I look forward to meeting with UAW President Rory Gamble as soon as possible to have these important discussions.”
“Jones conspired with senior UAW officials to embezzle more than $1 million in order to personally enrich himself at the expense of the hard-working UAW members. We will continue to work with our law enforcement partners to protect the financial integrity of labor organizations," stated Irene Lindow, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General.
“Today is a public confirmation of what many have long suspected - the UAW’s leadership, at the highest level, has engaged in a pattern of corruption and illegal activity. Mr. Jones’ actions were a betrayal of each hard-working UAW member he was elected to represent,” said Steven M. D’Antuono, Special Agent in Charge of the FBI in Michigan. “While this guilty plea is a welcome development, it does not represent the end of this investigation. As I said before, the FBI will continue to work on this case until we are satisfied that everyone who should answer for these crimes is brought to justice.”
“Not only did Gary Jones embezzle funds from the hard working members of the UAW and cause a false tax return to be filed on behalf of the UAW, he also attempted to evade his own tax liability. IRS-Criminal Investigation is dedicated to protecting the integrity of the tax system by ensuring everyone pays the accurate amount of tax," said Sarah Kull, Special Agent in Charge, IRS Criminal Investigation.
“Gary Jones’ guilty plea today shows that the corruption within the UAW International Union extended all the way to the top office. Instead of fulfilling his sacred fiduciary duty to his fellow union members, Jones chose to betray their trust and embezzle over a million dollars from the UAW for himself and other high-ranking UAW officers,” said Thomas Murray, District Director, U.S. Department of Labor, Office of Labor-Management Standards. “OLMS will continue to work with its fellow law enforcement partners and the U.S. Attorney’s Office to remove corrupt union officers and other officials within the UAW International Union.”
The case is being prosecuted by Assistant U.S. Attorneys David A. Gardey, Steven Cares, and Adriana Dydell.
Former Director of Finance Sentenced to Three Years in Federal Prison for Wire and Tax FraudRead the Press Release
Brian John Scalabrino Embezzled $348,365 from His Former Employer, Metal Standard Corporation of Holland
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Brian John Scalabrino, 47, formerly of East Grand Rapids, Michigan, was sentenced to 36 months in federal prison for committing wire and tax fraud. He was also ordered to serve three years of supervised release, pay $348,365 in restitution to Metal Standard, and pay $112,363 in restitution to the Internal Revenue Service. Chief U.S. District Judge Robert J. Jonker imposed the sentence.
Scalabrino, who was the former Director of Finance for Metal Standard Corporation of Holland, altered his payroll records to show a negative federal income tax withholding amount for most pay periods. This fraudulently raised his income so that his net income exceeded his reported gross income. He used this method to fraudulently increase his annual pay by approximately $50,000 each year.
Scalabrino filed false federal income tax returns, causing a loss to taxpayers of $112,363.00. He also submitted false IRS Form W-2 Wage and Tax Statements which showed fictitious amounts of federal tax withheld from his paychecks.
"Today, Justice is served, and Brian Scalabrino will be held accountable for his criminal actions. Scalabrino not only embezzled hundreds of thousands of dollars from his former employer and failed to report income to the IRS, he also created and submitted false IRS Form W-2 Wage and Tax Statements to the IRS," said Sarah Kull, IRS Criminal Investigation Special Agent in Charge, Detroit Field Office. "IRS-CI will continue to vigorously investigate corporate embezzlement to protect our nation's tax system and ensure everyone pays their fair share."
The Criminal Investigation section of the Internal Revenue Service handled the investigation. Assistant U.S. Attorney Clay Stiffler handled the prosecution.
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