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Thursday 12 March 2020
Manchester Man Charged with Dealing FentanylRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal grand jury in Hartford returned an indictment yesterday charging MIKE CRUZ, also known as Mike Flores and “Mega,” 30, of Manchester, with fentanyl distribution offenses.
As alleged in court documents, in January 2020, law enforcement received information that Cruz was distributing large quantities of narcotics from his Manchester apartment. On February 18, 2020, investigators conducted a controlled purchase of approximately 50 grams of fentanyl from Cruz.
Cruz was arrested on a federal criminal complaint in Manchester on February 27, 2020. At the time of his arrest he possessed approximately 100 grams of compressed fentanyl. On that date, a search of his vehicle also revealed approximately 2,000 dose bags of fentanyl and a search of his residence revealed $29,408 in cash.
Cruz has been detained since his arrest.
The indictment charges Cruz with one count of possession with intent to distribute, and distribution of, 40 grams or more of fentanyl, and one count of possession with intent to distribute 40 grams or more of fentanyl. Each of the charges carries a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Drug Enforcement Administration’s Hartford Task Force and is being prosecuted by Assistant U.S. Attorney Margaret Maigret Donovan.
MS-13 member who shot and killed suspected rival gang member, threatened witness/victim at federal courthouse sentenced to 30 years in prisonRead the Press Release
COLUMBUS, Ohio – A defendant known as “Shadow” was sentenced in U.S. District Court today to 30 years in prison for participating in a racketeering conspiracy and murder through the use of a firearm during a crime of violence.
Jose Mendez-Peraza, 38, of Columbus, pleaded guilty in October 2019 and accepted responsibility for his involvement as a shooter in the December 2016 murder of Salvador Martinez-Diaz, a suspected 18th Street gang member.
On Dec. 3, 2016, co-conspirators waited in the parking lot of the Resolute Athletic Complex in Columbus where the victim was playing soccer. Others, including Mendez-Peraza, wore dark ski masks and waited for Martinez-Diaz near his apartment building at Melroy Ave. and Kelburn Road in Columbus.
When the victim arrived near his home, Mendez-Peraza and another MS-13 member opened fire on Martinez-Diaz with pistols, shooting him multiple times and killing him.
Mendez-Peraza also threatened a witness/victim in this case while at the Joseph P. Kinneary United States Courthouse in Columbus. Mendez-Peraza told the witness/victim that MS-13 members would kill the individual and his/her family if the individual cooperated with law enforcement.
Mendez-Peraza is one of 23 individuals charged in a second superseding indictment in February 2018 who are alleged to be members and associates of MS-13 in Columbus.
The defendants are charged in a racketeering conspiracy, which includes five murders as well as attempted murder, extortion, money laundering, drug trafficking, assault, obstruction of justice, witness intimidation, weapons offenses and immigration-related violations.
The second superseding indictment alleges that the defendants committed a host of overt acts in furtherance of the conspiracy, including: 1) the December 2006 murder of Jose Mendez, a confidential informant, in Perry County; 2) the November 2008 murder of Ramon Ramos on Lockbourne Road in Columbus; 3) the mid-2015 murder of Carlos Serrano-Ramos, a suspected rival gang member, near Innis Road in Columbus; 4) the November 2015 murder of Wilson Villeda near Innis Road in Columbus; and 5) the December 2016 murder of Salvador Martinez-Diaz, a suspected rival gang member, on Melroy Avenue in Columbus.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Rebecca Adducci, Detroit Field Office Director, U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations; Franklin County Sheriff Dallas Baldwin; and Columbus Police Chief Thomas Quinlan announced the sentence imposed today by U.S. District Judge Edmund A. Sargus, Jr.
Deputy Criminal Chief Brian J. Martinez and Assistant United States Attorney Noah R. Litton are representing the United States in this case.
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Lower Brule Man Charged with Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Jeffrey Paul Jandreau, age 41, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 11, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 15, 2019, and February 22, 2020, Jandreau, a person required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update his registration as required by law.
The charge is merely an accusation and Jandreau is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Jandreau was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Los Angeles Man Convicted of Scheming to Sell Fake Art to South Florida GalleryRead the Press Release
Miami – Today, in federal court in Miami, a 43-year-old Los Angeles man pled guilty to defrauding a South Florida art gallery by trying to sell forgeries of works by renowned contemporary artists Keith Haring and Jean-Michel Basquiat to the gallery’s owner for more than $1 million.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
According to court records, Philip Righter’s fraud scheme started with buying art forgeries on-line, at marketplaces and auction sites. Once he had the fakes, Righter tried to make them appear legitimate by creating letters that falsely certified their authenticity. For example, he created letters that appeared to be from “The Estate of Keith Haring” and the “Authentication Committee of the Estate of Jean-Michel Basquiat.” In fact, they were not. Righter even designed and purchased embossers bearing the names of Haring and Basquiat. He stamped the fake letters with the custom embossers, trying to sharpen the look of legitimacy.
With the forgeries and letters in hand, Righter offered to sell the fraudulent art pieces to a South Florida gallery, auction houses, and others. When the gallery owner showed interest, Righter (who was in Los Angeles) shipped a number of the forgeries to a warehouse in South Florida. Righter’s price for the forgeries was $1,056,000. He directed the gallery owner to wire the money to Righter’s bank account.
Righter pled guilty to one count of mail fraud and one count of aggravated identity theft. His sentencing hearing is set for May 18, 2020, at 9:30 a.m. before United States District Judge Marcia G. Cooke. Righter faces up to 20 years in prison on the mail fraud charge. The aggravated identity theft charge carries a minimum prison sentence of two years, in addition to whatever Righter receives for mail fraud.
Righter also faces federal charges in the Central District of California, where he allegedly sold forgeries of works by Jean-Michel Basquiat, Keith Haring, Roy Lichtenstein, and Andy Warhol.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI’s Art Crime Team. Assistant United States Attorney Christopher Browne is prosecuting this case.
You may find a copy of this press release on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Leader of Massive Lee County Drug Ring Sentenced to Life in PrisonRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Tony Wilson, Jr. (31, LeHigh Acres) to life in federal prison for conspiring to distribute cocaine base (crack cocaine), heroin, and fentanyl; distribution of fentanyl; and possessing multiple firearms as a convicted felon. The court also sentenced Wilson to a five-year mandatory, consecutive term of imprisonment for possessing a firearm in relation to a drug trafficking offense. Wilson was also ordered to forfeit a gold chain and pendant valued at over $80,000 and tens of thousands of dollars in cash, which were traced to proceeds of the offense.
According to court documents and evidence, Wilson (a/k/a “Big Homie” and “Caine”) was the head of a large drug distribution ring operating from 2013 until 2018 in the Suncoast Estates neighborhood of North Fort Myers, Florida. The organization occupied several houses and trailer homes in Suncoast Estates, inside which dealers worked side-by-side to distribute controlled substances to customers. The organization also used other homes (so-called “safe houses”) in Suncoast to store bulk drugs and proceeds, and to manufacture crack cocaine for distribution.
During its investigation of the ring, law enforcement conducted dozens of undercover drug purchases from Wilson’s dealers in Suncoast. They also executed multiple search warrants resulting in the seizure of tens of thousands of dollars, multiple firearms, and large quantities of cocaine base, heroin, and fentanyl. Evidence collected demonstrated that the organization often generated more than $10,000 per day in sales.
To date, the United States Attorney’s Office for the Middle District of Florida has secured the convictions of 18 members of the conspiracy. Wilson, its leader, is the 16th to be sentenced. The following is a list of defendants who have been charged in the United States District Court for the Middle District of Florida, Fort Myers Division, including the status of their prosecution:
Defendant
Charge(s)
Case Status
Tony Wilson, Jr. (31, Lehigh Acres)
Conspiracy to distribute controlled substances, distribution of controlled substances, and firearms offenses
Sentenced to life in prison, plus five years
Elizabeth Kuc (47, North Fort Myers)
Conspiracy to distribute controlled substances and distribution of controlled substances
Sentenced to 30 years in federal prison
William Thomas (26, Labelle)
Conspiracy to distribute controlled substances and distribution of controlled substances
Sentenced to 24+ years in federal prison
Eileen Smith (22, Labelle)
Conspiracy to distribute controlled substances
Sentenced to 13 years in federal prison
Tyrome Wright (46, North Fort Myers)
Conspiracy to distribute controlled substances and distribution of controlled substances
Sentenced to 12+ years in federal prison
Darniel Williams (24, Labelle)
Conspiracy to distribute controlled substances
Sentenced to 11+ years in federal prison
Michael Perez (38, North Fort Myers)
Conspiracy to distribute controlled substances
Sentenced to 11+ years in federal prison
Patrick Graham (25, Labelle)
Conspiracy to distribute controlled substances
Sentenced to 5+ years in federal prison
Danielle Hallmon (32, Bokeelia)
Conspiracy to distribute controlled substances
Sentenced to 10+ years in federal prison
Malik Timbers (26, St. Petersburg)
Conspiracy to distribute controlled substances
Sentenced to 10+ years in federal prison
Kenneth Tippins (48, North Fort Myers)
Conspiracy to distribute controlled substances
Sentenced to 9+ years in federal prison
James Estrella (50, North Fort Myers)
Conspiracy to distribute controlled substances
Sentenced to 8+ years in federal prison
Christopher Connor (30, Labelle)
Conspiracy to distribute controlled substances
Sentenced to 7+ years in federal prison
Dorothy Rochford (27, North Fort Myers)
Conspiracy to distribute controlled substances
Sentenced to 6 years in federal prison
Michelle Gladys (49, North Fort Myers)
Distribution of a controlled substance
Sentenced to 33 months in federal prison
Samantha Badger (23, North Fort Myers)
Distribution of a controlled substance
Sentenced to 15 months in federal prison
Jeffrey Beard, II (29, Labelle)
Conspiracy to distribute controlled substances and distribution of controlled substances
Pleaded guilty, faces up to 40 years in federal prison
Monique Moore (47, North Fort Myers)
Conspiracy to distribute controlled substances
Pleaded guilty, faces up to life in federal prison
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Lee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Michael Leeman and Trent Reichling.
Justice Department Files Lawsuit Against Philadelphia Condo Association for Discrimination Against Persons with DisabilitiesRead the Press Release
The Justice Department announced today that it has filed a lawsuit alleging that a Philadelphia condo association has violated the Fair Housing Act by discriminating against persons with disabilities who need assistance animals, including emotional support and service animals.
The lawsuit arose from a complaint filed by a condo owner with the U.S. Department of Housing and Urban Development (HUD). The suit, filed in the U.S. District Court for the Eastern District of Pennsylvania, alleges that the Dorchester Owners Association (DOA) discriminated against persons with disabilities needing service animals and emotional support animals at The Dorchester on Rittenhouse Square by denying their requests for reasonable accommodations to its “no pets” policy. The complaint further alleges that the DOA, located at 226 West Rittenhouse Square, Philadelphia, PA, 19103, has engaged in a pattern or practice of discrimination since 2009 by maintaining policies that, among other things, exclude all assistance animals—including service animals—from the Dorchester’s common areas, impose a blanket ban on visitors’ assistance animals that have not been first qualified by the DOA from coming onto the Dorchester property, and require that residents granted reasonable accommodations for assistance animals obtain a $1 million insurance policy naming the DOA as an additional insured.
“People with disabilities who need assistance animals to live their lives should not have to surmount unreasonable hurdles to keep those animals in their homes,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Discriminating against people with disabilities is unacceptable and illegal, and the Justice Department will continue vigorously to enforce the Fair Housing Act to combat this type of discrimination and to obtain relief for its victims.”
Today’s lawsuit seeks monetary damages to compensate victims, civil penalties, and a court order barring future discrimination. The complaint contains allegations of unlawful conduct, which must be proven in federal court.
Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at [email protected], or contact HUD at 1-800-669-9777, or through its website at https://www.hud.gov/program_offices/fair_housing_equal_opp.
Jury Convicts Repeat Offender of Distributing, Attempting to Receive, and Possessing Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Yesterday evening a jury rejected a defense of insanity and convicted Benjamin Jakes-Johnson, age 42, of New York City and Syracuse, New York, of distributing, attempting to receive, and possessing child pornography, after a five-day jury trial. The verdict was announced by United States Attorney Grant C. Jaquith, Susan Ferensic, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police Superintendent Keith Corlett.
The evidence at trial demonstrated that the defendant, who was convicted of possessing child pornography in 2008, used an online peer-to-peer file-sharing program to distribute and attempt to receive child pornography in December 2016. In March 2017, execution of a search warrant at a Syracuse apartment where the defendant regularly stayed established that he possessed child pornography on a thumb drive recovered there. The defendant traded child pornography from hotels, hoping that by using the hotels’ Wi-Fi connections he could conceal his online activity. He also possessed child pornography at the Syracuse apartment leased by his family’s business because he believed that federal Probation Officers would not search that location because he reported to them that he was staying at his parents’ home or other locations.
During trial, Jakes-Johnson claimed that, although he was not insane at the time he first possessed child pornography in 2008, he was insane at the time he committed the offenses in 2016 and 2017 because of post-traumatic stress disorder (PTSD). Jakes-Johnson suggested he had PTSD from abuse he suffered as a child that was exacerbated by abuse he claimed to have experienced while serving a sentence in federal prison from his first child pornography conviction. In addition to both defense and government expert witnesses who testified about the defendant’s mental state, the jury heard a recorded interview between Jakes-Johnson and law enforcement officers on the day of his arrest. During the interview, he advised that he understood what he was facing and knew what was going on. During that same interview, Jakes-Johnson admitted the offense conduct and displayed an understanding of the potential penalties he could face as a repeat offender.
Jakes-Johnson is scheduled to be sentenced on July 15, 2020 in Binghamton, New York by Senior United States District Judge Thomas J. McAvoy. At sentencing, he faces a mandatory minimum term of 15 years and a maximum term of imprisonment of 40 years for his distribution and attempt to receive child pornography. He faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of 20 years for his possession of child pornography. A defendant’s sentence is imposed by a judge based on the particular statute(s) the defendant violated, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the Federal Bureau of Investigation (FBI) and the New York State Police, and was prosecuted by Assistant U.S. Attorneys Geoffrey J.L. Brown and Michael D. Gadarian.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Indictment: Arizona Veteran Committed Fraud to Obtain Government ContractsRead the Press Release
KANSAS CITY, KAN. – A Marine veteran was indicted Wednesday on charges she committed fraud to obtain government contracts for a business in Overland Park that sold commercial flooring and furniture, U.S. Attorney Stephen McAllister said.
Valerie Gonzalez, 51, Tucson, Ariz., is charged with seven counts of wire fraud and one count of making a false statement on a Veterans Administration vendor verification form. The indictment alleges Gonzalez falsely claimed to own more than 99 percent of The Primus Group, 6980 W.153rd, Suite B, Overland Park, Kan.
The indictment cites payments by the government totaling more than $2 million.
If convicted, she could face up 20 years in federal prison and a fine up to $250,000 on each fraud count, and up to five years and a fine up to $250,000 on the false statement count. The Veterans Affairs, Office of Inspector General (VA-OIG), the Government Services Administration – Office of Inspector General and the Department of Labor – Office of Inspector General investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
OTHER INDICTMENTS
Selvin De Jesus Morataya-Sagastume, 38, who is not a citizen of the United States, is charged with one count of unlawfully re-entering the United States after being deported. The indictment alleges the defendant was deported five times previously, in 2004, 2005, twice in 2006 and once in 2018.
If convicted, he could face up to two years in federal prison and a fine up to $250,000. Immigrations and Customs Enforcement investigated. Assistant U.S. Attorney Leon Patton is prosecuting.
Jaime Chico-Holguin, 47, who is not a citizen of the United States, is charged with illegally re-entering the United States after being deported. He was deported in May 2004. He was found Feb. 3, 2020, in Seward County, Kan.
If convicted, he could face up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Jose Romas, 29, who is not a citizen of the United States, is charged with illegally re-entering the United States after being deported. He was deported in April 2010. He was found Feb. 19, 2020, in Dodge City, Kan.
If convicted, he could face up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Anna Lakin, 34, Neodesha, Kan., and Donald Hamill, 31, Kansas City, Kan., are charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Sept. 27, 2019, in Miami County, Kan.
If convicted, they could face not less than 10 years in federal prison and a fine up to $10 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle McFarlane is prosecuting.
Robert Hicks, 40, Leavenworth, Kan., is charged with one count of escaping from federal custody at Grossman Community Corrections Center in Leavenworth. The crime is alleged to have occurred Nov. 20, 2019.
If convicted, he could face up to five years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Honduran National Charged with Misuse of a Social Security NumberRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that JERONIMO MURILLO-TORRES, age 46, a citizen of Honduras, was charged on March 10, 2020 in a one-count bill of information with misuse of a social security number in violation of 42 U.S.C. ' 408(a)(7)(B).
According to the bill of information, MURILLO-TORRES attempted to obtain a Louisiana State Driver’s License using a valid social security number assigned to another person.
If convicted, MURILLO-TORRES faces a maximum term of imprisonment of five years, a fine of up to $250,000.00, one year supervised release after imprisonment, and a $100 special assessment.
U. S. Attorney Strasser reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the Social Security Administration, Office of Inspector General, in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
Hampton, Virginia, Return Preparer Indicted for Tax FraudRead the Press Release
A Hampton, Virginia, tax preparer was arrested yesterday on a federal grand jury indictment charging him with aiding and assisting in the preparation of false tax returns, theft of government funds, and failing to file tax returns, announced Principal Deputy Assistant Attorney General Richard Zuckerman of the Department of Justice’s Tax Division and U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia. The March 9, 2020, indictment was unsealed following the arrest.
According to the indictment, from 2013 through 2019, Carl L. Burden prepared tax returns for clients in Hampton and the surrounding counties. Burden allegedly falsified those returns by fraudulently claiming dependents, residential energy credits, deductions, and child and dependent care expenses, in order to inflate the refunds sought from the Internal Revenue Service (IRS). Burden also allegedly directed a portion of a fraudulently obtained refund to be directly deposited to his bank account. The indictment also alleges that during this period, Burden did not file his own tax returns.
If convicted, Burden faces a statutory maximum sentence of ten years in prison for theft of public money, three years in prison for each count of aiding and assisting in the preparation of a false return, and one year in prison for each count of failing to file a tax return. He also faces a period of supervised release, restitution, and monetary penalties.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Richard Zuckerman and U.S. Attorney Terwilliger commended special agents of IRS-Criminal Investigation and the Office of Inspector General, U.S. Department of Housing and Urban Development, who investigated the case, and Trial Attorneys Grace Albinson and Francesca Bartolomey of the Tax Division, and Assistant U.S. Attorney Brian Samuels, who are prosecuting this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Guilty Verdict in Heroin Trafficking CaseRead the Press Release
KANSAS CITY, KAN. – A jury convicted a Kansas City, Kan., man Wednesday on federal charges of heroin trafficking, U.S. Attorney Stephen McAllister said.
During trial, jurors saw video from hidden cameras in the drug house where the defendant and others distributed heroin.
George Bush Jr., 29, Kansas City, Kan., was convicted on the following charges:
Count one: Conspiracy to possess with intent to distribute heroin.
Count two: Distributing heroin.
Count three: Conspiracy to maintain a residence in furtherance of drug trafficking.
Count four: Possession with intent to distribute heroin.
Count five: Possession with intent to distribute heroin.
Count seven: Possession with intent to distribute heroin.
Count eight: Possession with intent to distribute.
During trial, prosecutors presented evidence that Bush and co-defendants dealt heroin out of a house at 823 Parallel Avenue in Kansas City, Kan.
Five co-defendants pleaded guilty in the case: Albert Brown, 31, Kansas City, Kan. ; Isaiah Lewis, 23, Kansas City, Kan. ; Maurice Bluett, 26, Kansas City, Mo. ; Markelo Paden, 25, Olathe, Kan. ; and Benjamin Mims, 32, Lawrence, Kan.
Bush is scheduled for sentencing June 18. The counts carry the following potential penalties:
Count one: Not less than five years, not more than 40 years, and a fine up to $5 million.
Counts two, four, five, seven and eight: Up to 20 years and a fine up to $1 million.
Count three: Up to 20 years and a fine up to $500,000.McAllister commended the FBI and Assistant U.S. Attorney David Zabel for their work on the case.
Gettysburg Man Indicted on Gun ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Gettysburg, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.
Jamie Holzwarth, a/k/a Dream, age 38, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 11, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 26, 2020, in Eagle Butte, South Dakota, Holzwarth, knowing that he had been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess a firearm.
The charge is merely an accusation and Holzwarth is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Holzwarth was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Former Prisoner Transport Officer Convicted of Sexual Assault of Two Woman in His Custody and Possessing a Firearm in Furtherance of His Sexual AssaultRead the Press Release
A federal jury in Little Rock, Arkansas, found Eric Scott Kindley, 52, a private prisoner transport officer, guilty of sexually assaulting two different women in his custody during two different transports in 2014 and 2017, and for knowingly possessing a firearm in furtherance of the 2017 sexual assault.
“The defendant was a prison transport officer who abused his law enforcement authority by sexually assaulting prisoners entrusted to his custody. That is a federal crime, and the Department of Justice will vigorously investigate and prosecute law enforcement officers who unlawfully use their position to abuse those in their custody,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Today’s conviction was made possible by the brave women who testified about their abuse, and the tireless work of federal investigators and prosecutors over the last three years.”
"Kindley took advantage of his authority to exploit the very people he was entrusted with transporting across the country,” said Sean Kaul, Special Agent in Charge of the FBI Phoenix Field Office. “We commend the many victims, across the nation, who came forward to report this despicable crime. This conviction should serve as notice that anyone who uses their authority to exploit individuals in their custody, will be held accountable and the FBI will continue to aggressively pursue these types of cases. We would like to thank the FBI agents across the country whose tireless efforts helped bring Kindley to justice and the Department of Justice for their tremendous work on this case.”
Evidence at trial showed that Kindley operated a private prisoner transport company that contracted with local jails throughout the country to transport individuals who were arrested on out-of-state warrants. Kindley transported individuals alone, without any oversight, in his unmarked white minivan, often for hundreds of miles. The jury heard from six women whom he transported between 2013 and 2017, all of whom described Kindley’s pattern of conduct. Kindley transported them alone over long distances, handcuffed and shackled in the backseat of the van. Kindley forced them to listen to sexually explicit comments that escalated in intensity and depravity. Some women dealt with the comments by trying to make a joke of it; others attempted to talk back and end the comments, while others sat silently. In each instance, Kindley drove to desolate locations, putting the women in fear of being sexually assaulted, severely hurt, or worse.
One of those women testified at trial that when Kindley transported her Alabama to Arizona in 2017, he stopped his van in a deserted area near Little Rock and sexually assaulted her while she was handcuffed, reminding her, as he did with other victims that she was “an inmate in transport” and that no one would believe her if she reported her. A second woman testified that when Kindley transported her in 2014, he stopped his van in a deserted area, also in Arkansas, and forced her to perform a sex act on him. A third woman testified that during her transport by Kindley in 2013 from Florida to Texas, he pulled his van over on the side of a dark road and sexually assaulted her. A fourth woman also testified that during her 2012 transport by from Nevada to California, Kindley stopped his van in a deserted park. He forced her to perform a sex act on him in a park bathroom. A fifth woman testified that during her 2013 transport from California to Montana, Kindley attempted to sexually assault her after he pulled over on the side of the road during a snowstorm. The jury heard testimony that none of the women who testified knew one another.
Kindley is also under indictment in the Central District of California for committing similar offenses related to his sexual assault of two other women in his custody in 2012 and 2017, and for brandishing a firearm during one of the sexual assaults. One of those women testified at this trial.
Kindley faces a maximum of life in prison. A sentencing date has not yet been set.
This case is being investigated by the Phoenix Division of the FBI with assistance from FBI field offices throughout the United States. It is being prosecuted by Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Criminal Section of the Civil Rights Division of the U.S. Department of Justice, with assistance from the United States Attorney’s Offices for the Eastern District of Arkansas and the District of Arizona.
Former Operator of Veterans Affairs Outpatient Clinics Agrees to Pay $1.85 Million to Resolve False Claims Act Allegations Concerning Veterans’ Wait TimesRead the Press Release
The Justice Department announced today that Sterling Medical Associates Inc. (Sterling) will pay $1.85 million to resolve allegations under the False Claims Act that it failed to schedule veterans’ medical appointments timely at two outpatient clinics in Minnesota, resulting in the submission of false claims to the Department of Veterans Affairs (VA). Sterling is a Cincinnati-based company that provides various services in the healthcare industry, including staffing, departmental operation, and outpatient clinic operation.
“We expect companies doing business with the government to comply with their contractual obligations, particularly when they relate to the health of our veterans,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department is committed to ensuring that our veterans receive the timely medical care that they need and deserve.”
VA maintains community-based outpatient clinics across the country, including clinics in Minnesota. VA awarded Sterling a contract to operate its clinics in Hibbing and Ely, Minnesota, in March 2013. The contract incorporated VA requirements that routine appointments be scheduled within 14 calendar days of the veteran’s requested appointment date. Today’s settlement resolves allegations that, between July 2013 and April 2014, Sterling did not schedule patient appointments at the Hibbing clinic in compliance with these requirements and changed veterans’ requested appointment dates to make appointment wait times appear shorter.
“Today’s settlement exhibits the importance we place on the health and welfare of our veterans,” said U.S. Attorney Erica H. MacDonald for the District of Minnesota. “The women and men who have bravely served our country deserve to receive timely care without exception.”
“We are pleased with the settlement and the willingness of the company to recognize the importance of timely scheduling medical appointments when veterans seek the healthcare treatment they earned,” said Gregg Hirstein, Special Agent in Charge, VA Office of Inspector General.
This matter was investigated by the U.S. Attorney’s Office for the District of Minnesota, the Civil Division’s Commercial Litigation Branch, and the Office of Inspector General of the Department of Veterans Affairs.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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.
Former Operator of Minnesota VA Outpatient Clinics Agrees to Pay $1.85 Million to Resolve False Claims Act Allegations Concerning Veterans’ Wait TimesRead the Press Release
WASHINGTON – The Justice Department announced today that Sterling Medical Associates Inc. (Sterling) will pay $1.85 million to resolve allegations under the False Claims Act that it failed to schedule veterans’ medical appointments timely at two outpatient clinics in Minnesota, resulting in the submission of false claims to the Department of Veterans Affairs (VA). Sterling is a Cincinnati-based company that provides various services in the healthcare industry, including staffing, departmental operation, and outpatient clinic operation.
“We expect companies doing business with the government to comply with their contractual obligations, particularly when they relate to the health of our veterans,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department is committed to ensuring that our veterans receive the timely medical care that they need and deserve.”
VA maintains community-based outpatient clinics across the country, including clinics in Minnesota. VA awarded Sterling a contract to operate its clinics in Hibbing and Ely, Minnesota, in March 2013. The contract incorporated VA requirements that routine appointments be scheduled within 14 calendar days of the veteran’s requested appointment date. Today’s settlement resolves allegations that, between July 2013 and April 2014, Sterling did not schedule patient appointments at the Hibbing clinic in compliance with these requirements and changed veterans’ requested appointment dates to make appointment wait times appear shorter.
“Today’s settlement exhibits the importance we place on the health and welfare of our veterans,” said United States Attorney Erica H. MacDonald. “The women and men who have bravely served our country deserve to receive timely care without exception.”
“We are pleased with the settlement and the willingness of the company to recognize the importance of timely scheduling medical appointments when veterans seek the healthcare treatment they earned,” said Gregg Hirstein, Special Agent in Charge, VA Office of Inspector General.
This matter was investigated by the U.S. Attorney’s Office for the District of Minnesota, the Civil Division’s Commercial Litigation Branch, and the Office of Inspector General of the Department of Veterans Affairs.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Eastern Shore Repeat Offender Sentenced to 13 Years in Federal Prison for Cocaine Distribution and Firearms ChargesRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell, III today sentenced Takii Nikeya Smith, age 44, of Cambridge, Maryland, to 13 years in federal prison, followed by four years of supervised release, on the federal charges of conspiracy to distribute five kilograms or more of cocaine, possession with intent to distribute cocaine, and to being a felon in possession of a firearm.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; and the members of the Dorchester and Wicomico County Narcotics Task Forces, including: Colonel Woodrow W. Jones III, Acting Superintendent of the Maryland State Police; Dorchester County Sheriff James W. Phillips, Jr.; Chief Mark Lewis of the Cambridge Police Department; Chief Bruce Jones of the Hurlock Police Department; Wicomico County Sheriff Mike Lewis; Chief Barbara Duncan of the Salisbury Police Department; Chief Brian Swafford of Fruitland Police Department; Dorchester County State’s Attorney William Jones; and Wicomico County State’s Attorney Jamie Dykes.
According to Smith’s guilty plea, in early 2018, an investigation was conducted into the distribution of large quantities of cocaine on the Eastern Shore of Maryland, involving hundreds of hours of physical and electronic surveillance, and numerous controlled purchases of narcotics.
Information gathered through surveillance and the execution of search warrants—one of which turned up more than a kilogram of cocaine packaged for distribution—suggested that Smith was a large-scale cocaine supplier in the area. After several weeks of surveillance, Smith was stopped by the Maryland State Police and members of the Wicomico County Narcotics Task Force as he returned to Maryland from Delaware. Smith fled the traffic stop after being advised that a police K-9 would be conducting an open-air scan of his vehicle, which led to a vehicle pursuit. Law enforcement ultimately apprehended Smith when his vehicle got stuck in mud while driving over farmland. Later, after receiving citizen complaints about packages found along roadways traversed during the pursuit, law enforcement recovered two kilogram packages of cocaine. According to the guilty plea, Smith admitted that the drugs belonged to him and that he had discarded them during his flight from law enforcement.
Law enforcement subsequently executed search warrants at one of Smith’s properties in Mardela Springs, Maryland and at a trailer that Smith had stored at an auto body shop. Law enforcement recovered more than 600 grams of cocaine, a digital scale, cutting agents, and other drug distribution paraphernalia, as well as several rounds of .40-caliber ammunition from in and near the house. From the trailer, law enforcement recovered three firearms—a 9mm pistol, a .40-caliber pistol, and an AR-15 rifle—as well as $347,000 in cash in a vacuum-sealed bag. Smith knew that he was prohibited from possessing a firearm or ammunition as the result of a previous felony conviction.
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. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Robert K. Hur commended HSI, and participating agencies in the Dorchester and Wicomico County Narcotics Task Forces, who are both part of the High Intensity Drug Trafficking Area (HIDTA) Initiative, for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Christopher M. Rigali and Christopher J. Romano, who prosecuted this Organized Crime Drug Enforcement Task Force case.
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Eastern District of Tennessee Investigation Leads to the Seizure of More Than One Ton of MethamphetamineRead the Press Release
KNOXVILLE, Tennessee — Jose Cruz Landeroz-Tovar, Mariono Gonzales, Luis Albert Cruz, Aldolfo Dominguez, Luis Fernando Pena-Fierro, and Maria Magana, all of Mexico, were arrested on March 10, 2020, in the Northern District of Georgia by agents of Homeland Security Investigations on charges involving the conspiracy to possess with the intent to distribute 50 grams or more of methamphetamine.
All six of the defendants had their initial appearance on March 10, 2020, in the United States District Court in Knoxville, Tennessee, before the Honorable Debra C. Poplin, United States Magistrate Judge.
The details of the charge, the conspiracy to possess with the intent to distribute 50 grams or more of methamphetamine, are outlined in the criminal complaint and supporting affidavit, which are attached to this press release and are filed as public records in the United States District Court for the Eastern District of Tennessee at Knoxville. If convicted each defendant faces a mandatory term of imprisonment of 10 years with a maximum term of imprisonment of life, at least 5 years on supervised release, and a fine of up to $10,000,000.
In summary, the affidavit alleges that a drug trafficking organization coordinated the distribution of kilogram quantities of methamphetamine from the Northern District of Georgia into the Eastern District of Tennessee and other areas. During the investigation, using a variety of investigative techniques, law enforcement identified a stash location in the Northern District of Georgia. On March 9, 2020, a federal search warrant was executed at that location and approximately 864 kilograms of methamphetamine were seized. A search warrant at a separate location yielded an additional 52 kilograms of methamphetamine. In total, the seized methamphetamine has a street level value in excess of $13,000,000.
The ongoing investigation leading to this seizure and arrests was the product of a partnership between Homeland Security Investigations, Knoxville; Tennessee Bureau of Investigation; Internal Revenue Service, Knoxville; Homeland Security Investigations, Atlanta; Drug Enforcement Administration, Atlanta, Georgia Bureau of Investigation, Georgia Department of Corrections, Gwinnett Metro Task Force, Gwinnett County, Georgia, the Georgia Highway Patrol, the Federal Bureau of Investigation, Atlanta, Drug Enforcement Administration, Knoxville, and the 9th Judicial Drug Task Force, Tennessee. The United States Attorney’s Office for the Northern District of Georgia was a critical partner in this investigation. Assistant U.S. Attorney Kevin Quencer, with the Eastern District of Tennessee, will represent the United States.
Members of the public are reminded that these are only charges and that every person is presumed innocent until his or her guilt has been proven beyond a reasonable doubt.
The investigation is a result of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
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East Hartford Man Sentenced to More Than 8 Years in Federal Prison for Gun Trafficking, Drug DealingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that LAWRENCE CHRISTIE, also known as “L,” 28, of East Hartford, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 100 months of imprisonment, followed by four years of supervised release, for his role in a gun trafficking ring and for distributing crack cocaine.
This matter stems from an investigation headed by the ATF and East Hartford Police Department into drug trafficking and related acts of violence by a group of individuals operating out of the Mayberry Village housing complex in East Hartford.
According to court documents and statements made in court, sometime in or before 2014, Daniel Vazquez, of East Hartford, and others were robbed at gunpoint while they were attempting to purchase marijuana that they intended to redistribute. On July 6, 2016, Vazquez saw the person who had robbed him driving a car at the intersection of Tolland Street and Moore Avenue in East Hartford and shot at him. Vazquez was arrested on that date, and a search of his residence revealed a Ruger LC93 9mm handgun, which he had used in the shooting, and a Taurus 9mm handgun. The two firearms were traced to Minot, North Dakota.
The investigation revealed that Christie was trafficking cocaine, crack and marijuana in and around Hartford. Shortly after his associate, Courtney Johnson, moved from East Hartford to North Dakota at the end of 2015, Christie began trafficking cocaine to North Dakota. On June 26, 2016, Christie and several associates forcibly stole a firearm from an individual in Minot. After the theft, Christie contacted Vazquez and asked him to drive from Connecticut to North Dakota to assist him in purchasing firearms. Vazquez and Justin Gay, also from East Hartford, then drove to North Dakota and stayed with Johnson. In Minot, Christie, Vazquez, Johnson, Gay and others, sometimes using counterfeit currency, purchased firearms from sellers who had advertised the guns for sale on a website. Christie, Vazquez and Gay then transported five firearms from North Dakota to Connecticut. Two of these five guns were found in Vazquez’s residence on July 6, 2016.
To date, the investigation has revealed that at least nine firearms that were obtained in North Dakota were transported to Connecticut. Some of the guns have been used in shootings in the Hartford area.
Between September and November 2017, investigators conducted controlled purchases of distribution quantities of crack from Christie.
Christie has been detained since his arrest on November 7, 2017. On October 31, 2018, he pleaded guilty to one count of conspiracy to possess with intent to distribute 28 grams or more of cocaine base (“crack”) and one count of conspiracy to unlawfully transport firearms in interstate commerce.
On March 5, 2019, Vazquez was sentenced to 84 months of imprisonment. Courtney Johnson, Justin Gay, Andre Johnson and Eyisiel Ortega have pleaded guilty to firearm and drug offenses related to this scheme and await sentencing.
This investigation is being conducted by the ATF and East Hartford Police Department, with the assistance of the Connecticut Department of Correction and the Minot (N.D.) Police Department. The case is being prosecuted by Assistant U.S. Attorney Patricia Stolfi Collins.
Eagle Butte Woman Indicted on Larceny and Bank Fraud ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Larceny and Bank Fraud.
Yesica Rose Lara, age 34, was indicted on March 9, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 11, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 30 years in federal prison and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between July 29, 2018 and September 11, 2018, Lara did unlawfully forge checks from closed accounts and attempted to cash them at multiple locations in Eagle Butte. The Indictment further alleges that Lara attempted to execute a scheme and artifice to obtain moneys, funds, credits, asset, securities, or other property owned by financial institutions.
The charges are merely accusations and Lara is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Lara was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
Lucian Rising Sun, a/k/a Sonny Rising Sun, age 28, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 11, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 29, 2020, Rising Sun unlawfully assaulted an individual and the assault resulted in serious bodily injury to the victim.
The charge is merely an accusation and Rising Sun is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Rising Sun remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Dutch National Charged in Takedown of Obscene Website Selling over 2,000 "Real Rape" and Child Pornography Videos, Funded by CryptocurrencyRead the Press Release
WASHINGTON –Dutch National Michael R. M. a/k/a Mr. Dark, 32, was indicted by a federal grand jury in the District of Columbia for his operation of Dark Scandals, a site on both the Darknet and Clearnet that featured violent rape videos and depictions of child pornography. The nine-count indictment was unsealed today along with a parallel civil forfeiture action. The defendant was charged with various counts of Distribution of Child Pornography, Production and Transportation of Obscene Matters for Sale or Distribution, Engaging in the Business of Selling or Transferring Obscene Matter, and Laundering of Monetary Instruments.
“Darknet sites that profit from rape and the sexual exploitation of children are among the most vile and reprehensible forms of criminal behavior,” said U.S. Attorney Timothy J. Shea. “This Office will not allow predators to use lawless online spaces as a shield. We are firmly committed to working closely with our partners in the Netherlands and around the world to bring to justice the perpetrators of these abhorrent crimes.”
“The types of crimes described in this indictment are the most disgusting I’ve encountered in 30 years of law enforcement. It is a special kind of evil to prey on and profit from the pain of others,” said Don Fort, Chief, IRS Criminal Investigation. “Criminals should know if you leave a digital footprint, we will find you. If you exploit our children, we will put you behind bars. If you thought you were anonymous, think again. The dark web is not quite as dark today due to the hard work of IRS-CI and our partner agencies.”
“The obscene material distributed by the defendant victimizes innocent and vulnerable people in our communities,” said Alysa Erichs, acting executive associate director of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. “We will continue to work with our law enforcement partners to investigate and prosecute these crimes, using all available resources to ensure that additional vulnerable victims aren’t exploited.”
The pleadings allege that the defendant, who resides in the Netherlands, operated the Dark Scandals sites that hosted and distributed videos and images featuring nonconsensual and violent sexual abuse. Dark Scandals began operating in or about 2012. Dark Scandals boasted over 2,000 videos and images and advertised that it offered “real blackmail, rape and forced videos of girls all around the world.” Dark Scandals offered users two ways to access this illicit and obscene content, which was delivered in “packs” by the defendant via email to customers to download. Users could either pay for the video packs using cryptocurrency, such as Bitcoin, or upload new videos to add to the content of the Dark Scandals sites. The Dark Scandals sites included specific rules for the video uploads to the sites, which included “real rape/forced” content, and stated a preference for “own made material.” The site specifically forbade “fake, amateur…or acted movies,” rejecting content if it did not portray real sexual violence. The defendant allegedly received almost 2 million dollars from selling this obscene and illicit content.
A forfeiture complaint was also unsealed today. The complaint alleges that law enforcement was able to trace payments of bitcoin and ethereum to the Dark Scandals site by following the flow of funds on the blockchain. The 303 virtual currency accounts identified in the complaint were allegedly used by customers across the world to fund the website and promote the exploitation of children and other vulnerable victims. The forfeiture complaint seeks to recover these funds and return the illicit funds to victims of the crime through the restoration process. The forfeiture complaint also seeks to forfeit the previously seized website domains associated with DarkScandals.
The charges in the pleadings are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The investigation was jointly investigated by the Internal Revenue Service-Criminal Investigations (Washington, D.C.) and Homeland Security Investigations (Colorado Springs and The Hague). The Dutch National Police of the Netherlands, Europol, and the German Federal Criminal Police (the Bundeskriminalamt) provided assistance and coordinated with their parallel investigations.
The case is being handled by Assistant U.S. Attorneys Lindsay Suttenberg and Zia M. Faruqui, Special Assistant U.S. Attorney Dan Olinghouse, Supervisory Paralegal Specialist Elizabeth Swienc and Paralegal Specialist Brian Rickers, and Legal Assistant Jessica McCormick of the U.S. Attorney’s Office for the District of Columbia. Additional assistance has been provided by Assistant U.S. Attorney David Goodhand, former Assistant U.S. Attorney Youli Lee, and the Criminal Division’s Office of International Affairs.
Dominican National Sentenced for False Identity CrimeRead the Press Release
Boston – A Dominican national, formerly residing in Lawrence, was sentenced to 12 months in prison in federal court in Boston today for his conviction for false representation of a Social Security number.
Santo Pascual Soto Diaz, 39, pleaded guilty in December to false representation of a Social Security number before U.S. District Court Judge Richard G. Stearns. Soto Diaz was sentenced to 12 months in prison to be followed by one year of supervised release. He is also subject to deportation proceedings upon completion of his sentence.
On April 12, 2016, Soto Diaz falsely represented that a Social Security number was his in an application for an identification card at the Massachusetts Registry of Motor Vehicles. In connection with the application, Soto Diaz provided various documents, including a Social Security card, in order to obtain the Massachusetts identification.
United States Attorney Andrew E. Lelling; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Assistant U.S. Attorney Sandra S. Bower of Lelling’s Major Crimes Unit prosecuted the case.
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Dominican National Pleads Guilty to Distributing FentanylRead the Press Release
BOSTON – A Dominican national was pleaded guilty today in federal court in Boston to distributing fentanyl.
Rosario Lara, 37, a Dominican national formerly residing in Lawrence, pleaded guilty today before U.S. District Court Judge William G. Young who scheduled sentencing for July 9, 2020. Lara admitted to distributing cocaine and more than 400 grams of fentanyl.
Lara sold more than a half-kilogram of fentanyl to a confidential informant in Lawrence on Feb. 21, 2019.
Lara faces up to 10 years in prison, to be followed by up to five years of supervised release and a fine of $10 million. Lara will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Valuable assistance was provided by the Middlesex District Attorney’s Office, Massachusetts State Police and Lawrence Police Department. Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit, prosecuted the case.
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Customs and Border Protection Officer Arrested for Child ExploitationRead the Press Release
Fort Lauderdale, Florida -- Today, the federal government charged Fabio Lopez, 61, of Weston, Florida, with enticing a 16-year-old girl into engaging in sexual activity and with attempting to produce child pornography by trying to convince the underage girl to pose for sexually suggestive pictures.
According to the allegations of the criminal complaint affidavit, Lopez met the 16-year-old through her mother. While on duty as a Customs and Border Protection (CBP) officer at Miami International Airport, Lopez allegedly stopped the mother as she was about to board an international flight. Lopez requested the mother’s cell phone number, which she gave him. They developed a friendship. Lopez visited the mother at home, where he met the 16-year-old daughter. Over about eight months, Lopez developed a relationship with the child, texting her often. It allegedly progressed to Lopez fondling the child and offering to pay her money to let him take pornographic pictures of her. The child told her mother about Lopez’s conduct. The mother contacted law enforcement, who later arrested Lopez.
Lopez had his initial appearance today at 11:00 a.m. before U.S. Magistrate Judge Jared M. Strauss in Fort Lauderdale. Lopez’s pretrial detention hearing is set for Monday, March 16 at 10:00 a.m. before Judge Strauss. His arraignment is set for March 25.
Criminal complaints and their affidavits are allegations of criminal conduct. A defendant is innocent until found guilty.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida; Anthony Salisbury, Special Agent in Charge, U.S. Homeland Security Investigations (HSI), Miami Field Office; Jeffrey Arndt, Special Agent in Charge, CBP Office of Professional Responsibility (CBP-OPR); and Chief Kipp Shimpeno, Pembroke Pines Police Department, made the announcement.
U.S. Attorney Fajardo Orshan commended the investigative efforts of HSI, CBP-OPR, and Pembroke Pines Police Department. Assistant U.S. Attorney Jodi L. Anton is prosecuting this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Corona Lawyer Found with Unregistered Firearms, Silencers and Hand Grenade Sentenced to Two Years in Federal PrisonRead the Press Release
LOS ANGELES – A California lawyer and former Rialto Police officer was sentenced this afternoon to 24 months in federal prison for possessing unregistered firearms, silencers and a hand grenade inside his pickup truck during a law enforcement stop.
Sergio Lopez de Tirado, 44, of Corona, was sentenced by United States District Judge Fernando M. Olguin after he pleaded guilty in April 2019 to one count of possession of unregistered firearms and a destructive device.
On December 21, 2018, law enforcement found Lopez de Tirado asleep and apparently intoxicated in the passenger’s seat of a pickup truck that was parked with its doors wide open and blocking a driveway in Norco.
Upon searching the vehicle, law enforcement found two unregistered firearm silencers, including one that was attached to a semiautomatic rifle; an unregistered 9mm semiautomatic short-barreled rifle; and an unregistered hand grenade.
Law enforcement also found high-capacity magazines, ammunition, knives, a baton, brass knuckles, a Kevlar military-style helmet, and small bags containing marijuana and methamphetamine. That same evening, officers located enough bomb-making materials inside Lopez de Tirado’s home to construct several more homemade bombs.
Lopez de Tirado admitted in his plea agreement that he had not registered the short-barrel rifle, the silencers or the hand grenade with the National Firearms Registration and Transfer Record.
This case was investigated by the FBI’s Inland Empire Joint Terrorism Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Substantial assistance was provided by the Riverside County Sheriff’s Department, the Rialto Police Department, the Corona Police Department, and the California Highway Patrol.
This case was prosecuted by Assistant United States Attorney Reema M. El-Amamy of the Terrorism and Export Crimes Section.
Convicted Felon from Clinton Indicted for Possession with Intent to Distribute Kilogram of CocaineRead the Press Release
BOSTON - A Clinton man previously convicted in a federal court of cocaine conspiracy was indicted today for again committing cocaine offenses.
Emmanuelli Rojas-Moraza, 40, was indicted for possession with intent to distribute 500 grams or more of cocaine and use of a communications facility in connection with a narcotics offense. According to the indictment, Rojas-Moraza used the U.S. mail to facilitate his cocaine offense.
Because Rojas-Moraza has a prior drug conviction, the charge of possession with intent distribute 500 grams of cocaine provides for a sentence of 10 years to life in prison, a term of supervised release of eight years to life and a fine of $8 million. The communications facility charges provides for a sentence of up to eight years in prison, a term of supervised release of up to three 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; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service; and Chief Mark R. Laverdure of the Clinton Police Department and made the announcement. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Convicted Felon Pleads Guilty to Possessing Firearms and Ammunition following Standoff with US Marshals Fugitive Task ForceRead the Press Release
John Shear, age 38 of Cleveland, pled guilty to two separate federal indictments charging him with possessing ammunition and/or firearms as a felon. Shear faces a maximum of 10 years in prison on each indictment, and is scheduled to be sentenced before Judge Donald C. Nugent on June 29, 2020, at 9:30am.
According to Shear's guilty plea and other court documents:
On January 30, 2018, Shear was arrested by Ohio Adult Parole Authority (APA) officers for violating his parole conditions. While conducting the arrest, APA officers found one round of 9mm ammunition in Shear's pocket. Shear was prohibited from possessing ammunition or firearms due to multiple prior felony convictions, including involuntary manslaughter, aggravated robbery, escape, burglary, felonious assault, and drug trafficking.
Several months later, Shear became a fugitive on multiple arrest warrants, including a warrant for aggravated vehicular assault in Cuyahoga County. The United States Marshals Service Northern Ohio Violent Fugitive Task Force adopted the case and began looking for Shear. On August 15, 2018, the Marshals Task Force received information that Shear was staying at a hotel room in Willoughby, Ohio. The Marshals Task Force surrounded the hotel room and knocked on the door. At first, there was no response. But when the Marshals Task Force knocked a second time, Shear yelled, "don’t come in here because if you do I will shoot you and I have a hostage." A negotiator made contact with Shear, and after a brief standoff, he agreed to surrender. Shear and a female were the only two people inside the hotel room.
APA officers were called to the scene to help search the hotel room. During a search of the hotel room, APA officers and the Marshals Task Force found three handguns, ammunition, a holster, a digital scale, marijuana, and crack pipes.
The cases were investigated by the ATF, the United States Marshals Service Northern Ohio Violent Fugitive Task Force, and the Ohio Adult Parole Authority. The cases are being prosecuted by Assistant United States Attorneys James Lewis and Yasmine Makridis.
Colorado Woman Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Jenna Lynn Martinez, 34, of Denver, Colorado, was sentenced today to 84 months in prison by United States District Judge Brian C. Buescher for possession with intent to distribute five grams or more of methamphetamine (actual). There is no parole in the federal system. Upon her release from prison, Martinez will serve four years of supervised release. She will also forfeit $16,747.00 in U.S. currency.
On July 16, 2019, a Nebraska State Patrol trooper conducted a traffic stop in Dawson County, Nebraska, in which Martinez and Jesus Noel Garfio, also of Denver, Colorado, were found in possession of 26 grams actual methamphetamine, 53 grams of heroin and $16,747 in U.S. currency. Garfio has entered a plea of guilty and is scheduled for sentencing in April.
This case was investigated by the Nebraska State Patrol.
Carter Lake Man Sentenced for Drug and Child Pornography ChargesRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on March 5, 2020, Gregory Herbert Markham, age 52, of Carter Lake, was sentenced by United States District Court Judge Rebecca Goodgame Ebinger after pleading guilty to Transportation with Intent to Engage in Sexual Activity, Distribution of Marijuana and Cocaine to a Person Under the Age of Twenty-One, and Distribution of Child Pornography. Markham was sentenced to 151 months in prison for the transportation and child pornography charge and 120 months in prison for the drug charge; all sentences are to run concurrently. Markham’s term of imprisonment is to be followed by supervised release for seven years. Markham was ordered to pay $1,500 in restitution.
This investigation began in March 2019, when a Douglas County (Nebraska) Sheriff’s Department Deputy encountered a suspicious vehicle in the parking lot of the Travel Inn. The driver was subsequently arrested and the two females involved in this matter were left at the motel. One of the females contacted the Defendant Markham for a ride. Markham picked up the two females, ages seventeen and eighteen from the Omaha motel and drove them to his home. Markham had previously transported one of the females from Omaha across the state line to his home for prostitution. Markham allowed the females to stay at his home and set up prostitution dates for sex. He also provided them with cocaine and marijuana. Markham took pictures of the seventeen year old on his cell phone and distributed the child pornography to a friend.
This case was investigated by the Douglas County Sheriff’s Department, Omaha FBI Child Exploitation Task Force, Carter Lake Police Department, Council Bluffs Police Department, and Pottawattamie County Sheriff’s Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.Buffalo Man Pleads Guilty to Being A Felon in Possession of A WeaponRead 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 Demario T. Chatmon, a/k/a/ Shawn, 41, of Buffalo, pleaded guilty before U.S. District Judge William M. Skretny, to being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison, and a fine of $250,000.
Assistant U.S. Attorneys Laura A. Higgins and Joshua A. Violanti, who are handling the case, stated that on or about May 15, 2017, during a search warrant executed at the defendant’s residence, he was found to be in possession of a 9 mm caliber semi-automatic pistol and 50 rounds of ammunition. Law enforcement also recovered a plastic bag containing 70.10 grams of cocaine, and a second plastic bag containing 168.86 grams of cocaine base. Other paraphernalia including scales, calibration weights, and razor blades were found inside the apartment along with $12,000 in U.S. currency.
The defendant was a known felon, having been convicted of criminal possession of a narcotic drug in the fourth degree in June 25, 2007 and convicted of attempted criminal sale of a controlled substance on July 11, 2011.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division and the Jamestown Police Department, under the direction of Chief Harry Snellings.
Sentencing is scheduled for June 17, 2020, U.S. District Court Judge William M. Skretny.
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Brooklyn Man Convicted of Robberies and Attempted Robbery of Four Convenience Stores in QueensRead the Press Release
Following two weeks of trial, a federal jury in Brooklyn today convicted Elgin Brack of Hobbs Act robbery conspiracy and related crimes for his participation in the gunpoint robberies and attempted robbery of four convenience stores in Queens in November 2018. During the attempted robbery of a Duane Reade store, Brack shot the store’s clerk in the head and hand. When sentenced by United States District Judge Eric N. Vitaliano, Brack faces a mandatory minimum of 31 years’ imprisonment.
Brack’s uncle and co-defendant, Scott Brack, pleaded guilty to Hobbs Act robbery conspiracy in November 2019 and is awaiting sentencing.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, John DeVito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the verdict.
“The defendant has been held responsible by the jury for his crime spree that left bloodshed and terrorized victims in its wake,” stated United States Attorney Donoghue. “Today’s verdict ensures that Elgin Brack will face substantial punishment. I commend the NYPD detectives and ATF Special Agents for quickly apprehending the defendants and preventing further mayhem.”
“Today’s verdict ensures that Elgin Brack will pay a price for the violence and terror that he perpetrated on the streets of New York,” stated ATF Special Agent-in-Charge DeVito. “The reckless violence the defendant left in his wake will be met with years in prison contemplating his crimes and harm done to his fellow citizens. The robust partnership between the ATF Special Agents and NYPD detectives of the ATF/ NYPD Joint Robbery Task Force that worked this case led to quick arrests preventing additional violence and harm to the community. I would like to thank the United States Attorney’s Office for their work in prosecuting this case.”
“Today’s conviction assures a measure of justice for the victims of these violent robberies. I commend our detectives, working with our federal partners, for vigorously investigating this case from the moment these crimes occurred,” stated NYPD Commissioner Shea.
On November 26, 2018, between approximately 3:35 a.m. and 5:45 a.m., defendant Elgin Brack attempted to rob a Duane Reade store in Woodside, and completed three robberies of a 7-Eleven store in Long Island City, a Rite Aid store in Astoria and a second Rite Aid store in Jamaica, together with Scott Brack, who served as the getaway driver.
As proven at trial, at approximately 3:30 a.m., Elgin Brack entered the Duane Reade store, pretended to make a purchase, then pointed a gun at the store clerk. When the clerk did not respond quickly, Brack shot him in the hand and the head as he resisted. Brack fled the store empty handed and, together with Scott Brack, drove to the 7-Eleven store, where he robbed the store of $300 at gunpoint from a store employee. The defendants then drove to the first Rite Aid store, where Elgin Brack approached a store clerk and asked to purchase chewing gum. When the store clerk opened the cash register, Brack pointed a gun at the clerk and demanded money. The store clerk handed Elgin Brack $802. Finally, at approximately 5:45 a.m., Elgin Brack entered the second Rite Aid store, pointed a gun at the store clerk and robbed the store of $200.
Later that day, at approximately 9:00 p.m., detectives and Special Agents from the ATF-NYPD Joint Robbery Task Force, Strategic Pattern Armed Robbery Technical Apprehension team, located the getaway vehicle in the Bronx and arrested the defendants. The law enforcement officers recovered clothing from the back seat of the car that matched the clothes Elgin Brack wore during the robberies and attempted robbery, and a backpack containing a .357 revolver that was later determined to have Elgin Brack’s DNA on it. Elgin Brack’s cell phone contained Internet searches for 24-hour stores made shortly before the defendants’ crimes occurred.
This case was brought as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorneys’ Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Phil Selden, Jonathan Siegel and Jonathan Lax are in charge of the prosecution. Assistant United States Attorney Tanisha R. Payne of the Office’s Civil Division is handling the forfeiture matters.
The Defendant Convicted Today:
ELGIN BRACK
Age: 24
Brooklyn, New YorkThe Co-Defendant Who Previously Pleaded Guilty:
SCOTT BRACK
Age: 51
Bronx, New YorkE.D.N.Y. Docket No. 18-CR-684 (ENV)
Brazilian National Sentenced for Illegally Re-entering the United StatesRead the Press Release
St. Thomas, USVI – Cairo Gaspar Ferreira, 33, was sentenced today on his conviction of illegally reentering the United States after having been previously deported, United States Attorney Gretchen C.F. Shappert announced.
District Court Judge Curtis V. Gomez sentenced Ferreira to six months incarceration, one year supervised release, and ordered him to pay $100 as a special assessment.
According to court documents, on June 7, 2019 Ferreira was a passenger on a boat traveling without navigational lights from the Sand Filled Dock in St. Thomas. Customs and Border Protection Marine Unit interdicted the vessel as it neared Savanna Island and discovered Ferreira and four other illegal aliens on board. The illegal aliens along with the boat captain were arrested and charged with immigration offenses. Ferreira was identified as a national of Brazil who was previously removed from the United States in March of 2019.
This case was investigated by Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Everard E. Potter.
Bergen County Man Charged with Stealing Millions from Lenders and Corporations in Wire Fraud SchemeRead the Press Release
NEWARK, N.J. – A Bergen County man was arrested today for defrauding lenders and corporations of millions of dollars by impersonating two bank executives interested in funding syndicated loans for global companies, U.S. Attorney Craig Carpenito announced.
Matthew O’Callaghan, 43, of Upper Saddle River, New Jersey, is charged by indictment with five counts of wire fraud and three counts of money laundering. He is scheduled to appear this afternoon before U.S. Magistrate Judge Edward S. Kiel in Newark federal court.According to the indictment:
From 2016 through 2019, O’Callaghan defrauded two financial services groups and four other companies of millions of dollars by deceiving them into believing that “Bank A” was agreeing to commit funds to revolving credit facilities. He represented himself as an executive at Bank A using the aliases “Edward Tierney” and “Michael Nash.” O’Callaghan induced the victims into making trades in which they agreed to pay Bank A to take on a commitment to fund revolving credit facilities.
O’Callaghan submitted numerous fraudulent documents to the victims that were designed to deceive them into believing that Nash and Tierney were legitimate representatives of Bank A, including email addresses resembling legitimate Bank A email addresses, false email signature blocks for Tierney and Nash that bore the Bank A logo and listed the business address for Bank A, fraudulent wiring instructions bearing Bank A’s logo and address, and a tax form bearing a tax identification number for Bank A.
O’Callaghan directed the victims to wire funds to a bank account at Bank A that O’Callaghan controlled and then converted the money for his own use, including the purchase of an automobile, gambling, travel, and payments to a private club.
The wire fraud counts each carry a maximum potential penalty of 20 years in prison and $250,000 fine, or twice the gross gain or loss from the offense. The money laundering counts each carry a maximum potential penalty of 10 years in prison and $250,000 fine, or twice the gross gain or loss from the offense.U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, and inspectors with the U.S. Postal Inspection Service, under the direction of Inspector in Charge James Buthorn, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Jonathan Fayer of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: Michael S. Weinstein Esq., Hackensack, New Jersey
Baton Rouge Doctor Sentenced to Federal Prison for Making False Statements Relating to Health Care MattersRead the Press Release
United States Attorney Brandon J. Fremin announced that U.S. District Judge Brian A. Jackson sentenced Marvin Clifton, M.D., age 71, of Baton Rouge, Louisiana, to 18 months in federal prison following his conviction for making false statements relating to health care matters. The Court further sentenced Dr. Clifton to two years of supervised release following his term of imprisonment, and ordered him to pay a $50,000 fine and a $100 special assessment.
According to admissions made as part of Dr. Clifton’s guilty plea, Dr. Clifton was a licensed physician whose medical practice included physical therapy. His patients included individuals that received medical benefits under the Office of Workers’ Compensation Program (“Workers’ Comp Program”). The Workers’ Comp Program was a federal health care benefit program, providing wage replacement benefits, medical treatment, vocational rehabilitation, and other benefits to certain workers or their dependents who experienced work-related injuries or occupational disease. Qualified medical treatment provided under the Workers’ Comp Program was paid for by the U.S. Treasury.
Between January 2015 and January 2019, Dr. Clifton engaged in a scheme to obtain money from the Workers’ Comp Program to which he was not entitled, by knowingly and willfully falsifying and concealing material facts. Dr. Clifton directed his office managers to falsify medical bills which claimed that Dr. Clifton had provided medical treatment such as physical therapy to Workers’ Comp patients, when he had not in fact provided the services. In some instances, Dr. Clifton would direct his office managers to bill for treatment on days his office was closed, and on other occasions, Dr. Clifton directed his office managers to bill for longer treatment sessions than what had actually been provided. These falsified medical bills were then sent to the United States Department of Labor at Dr. Clifton’s direction.
Throughout the course of this scheme, and through numerous transactions, Dr. Clifton submitted over $500,000 of falsified bills, through which he obtained approximately $340,342.58 in federal funds from the United States Department of Labor to which he was not entitled.
U.S. Attorney Brandon J. Fremin stated, “This office will continue to aggressively investigate and prosecute those who commit healthcare fraud. Cheating the federal Workers’ Compensation Program is not a victimless crime, as it jeopardizes healthcare resources and steals taxpayer money meant to treat federal workers with real injuries and illnesses.”
Bryan A. Vorndran, FBI New Orleans Special Agent in Charge stated: "Dr. Clifton compromised his integrity and medical license to line his pockets with the proceeds of false federal Workers’ Compensation claims made in collaboration with nine U.S. Postal employees. I commend the great work performed by the men and women of the FBI Baton Rouge Resident Agency, the U.S. Postal Service – Office of Inspector General, the Department of Labor, and the U.S. Attorney’s Office, Middle District of Louisiana, to hold those accountable who attempt to defraud American taxpayers through an intricate health care fraud scheme.”
“The sentence obtained today has been the culmination of a thorough investigation completed by our agents revealing abuse by medical professionals of Federal benefits programs for personal gain,” said Special Agent in Charge Christopher Cave, of the U.S. Postal Service Office of Inspector General Southern Area Field Office. “The USPS-OIG, along with our law enforcement partners, will continue to vigorously investigate these types of cases in order to deter and stop these fraud schemes.”
“Dr. Clifton fraudulently submitted more than $500,000 in false claims to the U.S. Department of Labor’s Office of Workers’ Compensation Programs (“OWCP”), putting his greed above patient care. We will continue to work with our law enforcement partners and OWCP to protect the integrity of DOL’s benefit programs,” said Steven Grell, Special Agent-in-Charge, Dallas Region, U.S. Department of Labor Office of Inspector General.
This matter was investigated by the Federal Bureau of Investigation, the U.S. Postal Service Office of Inspector General, and the U.S. Department of Labor Office of Inspector General, and was prosecuted by Assistant United States Attorney Peter J. Smyczek.
Attleboro Man Arrested on Child Pornography ChargesRead the Press Release
BOSTON – An Attleboro man has been charged with allegedly using Snapchat to engage in sexually explicit video-chats with minor children. He was also allegedly in possession of videos depicting children, 3-6 years old, being sexually abused.
Garry F. Bienvenue, 57, of Attleboro, was arrested and charged today in federal court in Boston with receipt and possession of child pornography. He appeared in federal court in Boston and was ordered detained pending a detention hearing set for March 16th at 2:00 p.m.
According to court documents, law enforcement learned that an internet user at Bienvenue’s Attleboro home had solicited and received child pornography from children over the internet using the Snapchat messaging application. A search of the home resulted in the seizure of Bienvenue’s smartphone, which was found to contain child pornography videos, including one depicting the rape of a child as young as 3-5 years old.
The charge of receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison. The charge of possession of child pornography provides for a sentence of up to 10 years in prison. Each charge also provides for a mandatory minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Attleboro Police Chief Kyle P. Heagney made the announcement today. Assistant U.S. Attorney Elianna Nuzum of Lelling’s Major Crimes Unit is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Arrests Made in Austin and San Antonio in Connection with Project PythonRead the Press Release
Federal, state, and local authorities have arrested more than 20 individuals—over the past two days—charged in narcotics trafficking schemes with ties to the Cártel de Jalisco Nueva Generación (CJNG). These arrests are a result of a Drug Enforcement Administration operation, Project Python, intent upon targeting CJNG.
AUSTIN A federal grand jury in Austin has charged 18 individuals with conspiring to distribute cocaine, heroin, methamphetamine and other narcotics in the Austin area since April 2017. The defendants include: Maria Benitez-Ugarte (29) of Dale, TX; Rogelio Arias-Cruz (36) of Dale, TX; Linde DiGregorio (47) of Marble Falls, TX; Amanda Sales (34) of Manor, TX; Vicente Rodriguez (35) of Austin; Jordan Salas (27) of Houston; Perla Cruz (28) of Austin; Blanca Ruiz-Garcia (42) of Kyle, TX; Shadrick Croxton (38) of Marble Falls, TX; Brandon Grigsby (24) of Lago Vista, TX; Antoinne Banks (43) of Austin; Matt Kite of Humble, TX; David Steinbach (35) of San Angelo, TX; Charlie Jones (25) of Austin; Cory Patton (27) of Austin; Guillermo Alvarez-Ramirez (35) of Austin; Ricardo Hernandez (30) of Austin; and, Aaron Chavez (31) of Austin.
To date, in connection with this investigation, law enforcement officers have seized 33 kilograms of methamphetamine, 1 kilogram of heroin, 250 grams of cocaine and $13,000 in assets.
This South Texas High Intensity Drug Trafficking Area investigation was conducted by the Drug Enforcement Administration (DEA), Cedar Park Police Department, Texas Department of Public Safety, Austin Police Department, Hays County Sheriff’s Office, and the U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations (ICE-ERO).
SAN ANTONIO A federal grand jury in San Antonio has charged multiple individuals with conspiring to distribute cocaine, heroin, methamphetamine and other narcotics in the San Antonio area since March 2019. The defendants arrested include: Johnathan Andrew Chapa (33); Roger Diaz (34); John David Medrano (24); Julian Jimmy Gonzalez (34); Deandra Lee Garcia (30); and Ashley Lorraine Ruiz (26), all from the San Antonio area.
“The arrests made in Austin and San Antonio were part of a coordinated nationwide enforcement operation undertaken by the Department of Justice and DEA targeting elements of the Cártel de Jalisco Nueva Generación (CJNG) in the United States. The CJNG is a violent drug trafficking organization responsible for the importation of ton quantities of cocaine, heroin, and methamphetamine across the United States,” said DEA Special Agent in Charge Steven S. Whipple.
All of the defendants arrested are to be presented to a U. S. Magistrate Judge who will determine their pre-trial detention status. Each defendant faces punishment of either five to forty years, or ten years to life, in federal prison upon conviction. Detention hearings are expected to occur over the next two weeks in U.S. Magistrate Court in Austin and San Antonio.
U.S. Attorney John F. Bash, DEA Houston Division Special Agent in Charge Whipple, U.S. Marshal Susan Pamerleau, Texas Department of Public Safety Director Steven McCraw, Cedar Park Police Acting Chief Michael Harmon, Hays County Sheriff Gary Cutler, and Austin Police Chief Brian Manley joined in making the announcement.
More information on Project Python can be found at https://www.justice.gov/opa/pr/dea-led-operation-nets-more-600-arrests-targeting-c-rtel-jalisco-nueva-generaci-n
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
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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.
Aliquippa Man Sentenced for Armed Robbery of Two Area BanksRead the Press Release
PITTSBURGH, PA - A resident of Aliquippa, PA, has been sentenced in federal court to more than 15 years (190 months) in prison, five years’ supervised release, and to pay restitution to two victim banks, as a result of his bank robbery convictions, United States Attorney Scott W. Brady announced today.
United States District Judge Cathy Bissoon imposed the sentence on Tyler Bridges, age 34.
According to information presented to the court, on February 12, 2016, Bridges used a firearm to rob the WesBanco Bank in Ambridge, Pennsylvania, of more than $1,500. Four days later, on February 16, 2016, Bridges and Herbert Pope used firearms to rob the Sewickley Savings Bank in Sewickley, Pennsylvania, of more than $3,500. During both robberies, Bridges had climbed over the teller counter while brandishing a handgun, before taking money from the drawers. Bridges was arrested after law enforcement found evidence of the robberies—including guns, money, and items of clothing—inside Bridges’ residence.
Assistant United States Attorneys Jeffrey Bengel and Shaun Sweeney are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Sewickley Police Department, the Allegheny County Police Department, and the Ambridge Police Department conducted the investigation leading to the prosecution of Bridges.
75 Year Old Mobile County Man Sentenced to over Five Years Imprisonment for Bank RobberyRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Wilford Richard Tracy was sentenced to 63 months of imprisonment on March 11, 2020. Tracy pled guilty to the bank robbery charge in December 2019. United States District Court Judge Callie V. Granade imposed the sentence and ordered that when Tracy is released from imprisonment, he will serve three years of supervised release and refrain from frequenting any gaming establishment.
Court records established that on July 12, 2019, Tracy robbed the First Bank on Dauphin Island Parkway in Theodore, Alabama. Tracy wore a ball cap and aviator sunglasses into the bank and handed a note to teller stating: “BE CALM GIVE ME ALL YOUR MONEY NO TRACKING DEVICE I HAVE A GUN.” No weapon was seen by anyone at the scene although the defendant kept one hand in his pocket as though it was on a weapon. The teller gave Tracy $1,520 and Tracy fled with the money. A camera at a business next to the bank captured a man fitting the description of the bank robber getting into a vehicle and fleeing the scene. Agents were able to identify Tracy from the video and arrested him the same day. Tracy had the money from the bank robbery in his possession when arrested.
At the time of the robbery, Tracy was on federal supervised release for a 2015 federal conviction based on Tracy’s 911 calls claiming bombs had been placed at various high schools in Mobile. Tracy was also previously convicted in federal court in 2009 for bank robbery.
The case was investigated by the Mobile Police Department and the Federal Bureau of Investigation, Violent Crimes Task Force. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney George F. May.
35 individuals charged as federal and local law enforcement continue dismantling alleged drug trafficking organizations in OhioRead the Press Release
Justin E. Herdman, United States Attorney for the Northern District of Ohio, today announced that a federal grand jury in Cleveland returned four separate multi-count drug indictments charging 35 individuals with conspiracy to distribute and possess with the intent to distribute controlled substances in the Mansfield, Ohio area. The first indictment alleges that from in or around June 2017 and continuing to in or around January 2020, JAMES YELTON (age 33, from Mansfield, Ohio); CHARLES ANDERSON (age 64, from Mansfield, Ohio); NICHOLAS BALLARD (age 29, from Mansfield, Ohio); ELIJAH BOND (age 25, from Mansfield, Ohio); CARLY DAUGHERTY (age 25, from Lexington, Ohio); WILBERT GILLIARD (age 40), JAMARION GRILLIER, (age 22); TERRIUNTAE HAMMOCK; (age 26, from Mansfield, Ohio); LUCINDA HARDIN (age 36, from Mansfield, Ohio); TERELL HARRIS (age 27, from Mansfield, Ohio); DARNELL HILL (age 40, from Chicago, Illinois); DARNEL JACKSON (age 35, from Mansfield, Ohio); BLAKE JENKINS (age 29, from Mansfield, Ohio); TRAVON JOHNSON (age 28, from Mansfield, Ohio); RODERICK JONES (age 44); GERALD NIXON (age 31, from Mansfield, Ohio); ERNEST PARKS (age 26, from Mansfield, Ohio); MALIQUE SCHAD (age 24, from Mansfield, Ohio); TORRENCE STANFORD (age 22, from Mansfield, Ohio); DARIAN STEWART (age 24, from Mansfield, Ohio); DION WALKER (age 52, from Mansfield, Ohio); DEREK WILLIAMS (age 21, from Mansfield, Ohio); KRISTOPHER ZAHNISHER (age 27, from Mount Vernon, Ohio), conspired to distribute and possess with the intent to distribute heroin, methamphetamine, cocaine, fentanyl, carfentanil, and marijuana in the Mansfield, Ohio area.
The second indictment alleges that from in or around December 2015 and continuing to in or around February 2019, JOHN STEVENSON (age 47, from Detroit , Michigan); MARLON BROOKS (age 48, from Mansfield, Ohio); SEAN MOORE (age 49, from Mansfield, Ohio); JAMES HAMILTON (age 52, from Bellville, Ohio);DANIEL SHINGLETON (age 54, from Mansfield, Ohio), conspired to distribute and posses with the intent to distribute heroin, fentanyl, and oxycodone in the Mansfield, Ohio area.
The third indictment alleges that from in or around October 2018 and continuing to in or around October 2019, ANTOINE WADE (age 42, from Mansfield, Ohio); TYLER WIREMAN (age 24, from Mansfield, Ohio); JOSHUA KABER (age 40, from Mansfield, Ohio); SHEENA KABER (age 37, from Mansfield, Ohio): KASSIE COUCH (age 32, from Mansfield, Ohio), conspired to distribute and possess with the intent to distribute heroin, fentanyl, and cocaine base (“crack”) in the Mansfield, Ohio area.
The fourth indictment alleges that from in or around February 2019 and continuing to in or around December 2019, ANTOINE WADE (age 42, from Mansfield, Ohio); TYLER WIREMAN (age 24, from Mansfield, Ohio); JOSHUA KABER (age 40, from Mansfiled, Ohio); SHEENA KABER (age 37, from Mansfield, Ohio), and KASSIE COUCH (age 32, from Mansfield, Ohio), conspired to distribute and possess with the intent to distribute oxycodone and U-47700 in the Mansfield, Ohio area.
These indictments are only charges and are not evidence of guilt. Each defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendants’ sentences will be determined by the Court after a review of factors unique to these cases, including the defendants’ prior criminal records, if any, the defendants’ roles in the offenses and the characteristics of the violations. In all cases, the sentences will not exceed the statutory maximum and in most cases will be less than the maximum.
The investigation preceding the four indictments was conducted and aided by the FBI, United States Marshals Service, DEA, ATF, Metropolitan Richland County Enforcement Unit (METRICH), Mansfield Police Department, Richland County Sheriff’s Office, Ashland Police Department, Ohio State Highway Patrol, Mount Vernon Police Department, Ohio Department of Public Safety, Mahoning Valley Law Enforcement Task Force (MVLETF), Drug Enforcement Administration (DEA) and the Richland County Prosecutors Office . The case is being prosecuted by Assistant United States Attorneys Vasile C. Katsaros and Jason Matthew Katz.
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Wednesday 11 March 2020
“Compound King” Convicted in $21 Million Health Care Fraud SchemeRead the Press Release
A federal jury sitting in Houston, Texas, found a pharmacist guilty Tuesday of charges related to health care fraud, wire fraud and money laundering.
After a six-day trial, George Phillip Tompkins, 75, of Houston, Texas, was convicted on all charges - one count each of conspiracy to pay and receive kickbacks, conspiracy to commit health care fraud, conspiracy to commit money laundering as well as 11 counts of health care fraud and three counts of wire fraud.
According to evidence presented at trial, Tompkins and others billed the federal government approximately $21.8 million for medically unnecessary compound gels and creams that were predicated on illegal kickback payments. The jury heard that Tompkins and Anoop Chaturvedi, 48, a legal permanent resident from India, created a scheme to generate compounded pain cream prescriptions and bill health care programs for injured state and federal employees. As part of the scheme, Tompkins and Chaturvedi created a separate entity - Wellington Advisors - to receive the program money from the Department of Labor (DOL) - Office of Workers Compensation Programs and Federal Employees Compensation Act.
Evidence introduced at trial showed that Tompkins sought to disguise illicit kickback payments as legitimate “marketing” expenses and continued to ship patients compound gels and creams even after patients repeatedly complained they did not want them.
U.S. District Judge Sim Lake of the Southern District of Texas presided over the trial and set sentencing for May 27.
Tompkins’ wife Marene Kathryn Tompkins, 68, of Houston, pleaded guilty in January 2020 to one count of conspiracy to pay kickbacks and is also awaiting sentencing. Chaturvedi is considered a fugitive and a warrant remains outstanding for his arrest in connection with the charges. Anyone with information about his whereabouts is asked to contact the U.S. Postal Service - Office of Inspector General (OIG) at 1-888-877-7644. He is presumed innocent unless convicted through due process of law.
USPS – (OIG), DOL – OIG, IRS-Criminal Investigation, Department of Homeland Security – OIG and U.S. Department of Veterans Affairs – OIG conducted the investigation. Trial Attorneys Andrew Pennebaker and Sara Clingan of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Julie Redlinger are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the Health and Human Services (HHS) Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
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.
Youngsville Man Pleads Guilty to Running a Million Dollar Investment Fraud and Ponzi SchemeRead the Press Release
MONROE, La. – United States Attorney David C. Joseph announced that Donnie Laing Jr., 39, of Youngsville, Louisiana, pleaded guilty on Monday, March 9, 2020, to wire fraud in connection with a million dollar Ponzi scheme that he orchestrated through his limited liability company, Capital Energy Investments, LLC (“Capital”).
According to court documents, from April 2018 through November 2018, Laing operated a Ponzi scheme through Capital, a company that he used to set up a business bank account and solicit money from the victims of his scheme. Laing represented himself to be the owner of a legitimate business, Capital, that purchased and rented out oil and gas equipment – promising investors high rates of return on their investments. Investors believed that Capital would use their money to invest in oil and gas equipment, and then lease such equipment to companies engaged in oil and gas exploration activities for a profit. Instead, Laing used the victims’ investments for his own purposes.
Throughout the scheme, Laing submitted false proposals and contracts to his victims to persuade them to invest their money with Capital. He also used funds from new investors to make payments to previous investors under the guise that the payments represented legitimate profits and returns on the victims’ investments. These payments allowed the defendant to avoid detection and obtain additional funds from his victims. Laing also used his relationship with a former business associate living in northeast Louisiana to solicit money from investors. Throughout the course of the scheme, Laing defrauded multiple investors and received nine investor payments during the period from April 25, 2018 to October 29, 2018, totaling $1,215,530.
U.S. District Judge Terry A. Doughty presided over the hearing and set sentencing for July 27, 2020. Laing faces up to 20 years in prison, three years of supervised release, and a fine of approximately $2.4 million.
The FBI is investigating the case. United States Attorney David C. Joseph and Assistant U.S. Attorney Cadesby B. Cooper are prosecuting the case.
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Woman Who Made False Statements to Buy Guns Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Heather Denese Medina, 40, of Brookwood, Alabama, was sentenced yesterday in federal court on three charges that she falsified information on federal forms in order to purchase firearms. Court documents showed that Medina lied on the forms to purchase firearms for her boyfriend and an associate of the boyfriend, both of whom were convicted felons and therefore prohibited from purchasing the guns legally. Medina pled guilty to the three charges in January of 2018.
United States District Court Judge William H. Steele imposed a sentence of time served in Medina’s case, and placed her on supervised release for a period of three years, with all terms to run concurrently on the three charges. Medina will be tested for drug and alcohol abuse, and she will be referred for mental health treatment if necessary. No fine was imposed, but Medina was ordered to pay $300 in special mandatory assessments.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Washington Parish Man Sentenced to Seventeen Years for Gun and Heroin OffensesRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced that LARRY DAVIS, age 41, from Washington Parish, Louisiana, was sentenced on March 10, 2020 to 204 months in prison in connection with his convictions for heroin and gun charges.
On August 6, 2019, DAVIS pled guilty to conspiring to distribute 100 grams or more of heroin, and possessing a firearm despite being a felon.
For the heroin conspiracy charge, Judge Wendy B. Vitter sentenced DAVIS to seventeen years (204 months) in prison. For the charge of possessing a firearm as a felon, Judge Vitter sentenced DAVIS to ten years (120 months) in prison, concurrent with his sentence for the heroin conspiracy. This resulted in a total sentence of 204 months in prison. DAVIS’ term of imprisonment will be followed by four years of supervised release. Judge Vitter sentenced DAVIS as a career offender, based on his prior narcotics convictions.
DAVIS’ codefendant, ALEX MILLER, pled guilty on July 23, 2019 to the same heroin conspiracy charge and other firearms charges. Judge Wendy B. Vitter sentenced MILLER to 130 months in prison on January 23, 2020.
U.S. Attorney Strasser praised the work of the Drug Enforcement Administration, the Louisiana State Police, the Washington Parish Sheriff’s Office Drug Task Force, and the Bogalusa Police Department. Assistant United States Attorneys Nicholas D. Moses and André Jones are in charge of the prosecution.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Washington DC Man Pleads Guilty for the Armed Robbery of A Capitol Heights BarbershopRead the Press Release
Greenbelt, Maryland – Ambrose Doye, age 24, of Washington, D.C., pleaded guilty yesterday to federal charges of armed robbery and for brandishing a firearm during and in relation to a crime of violence.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Henry P. Stawinski III of the Prince George’s County Police Department.
According to Doye’s guilty plea, on November 26, 2018, Doye and his co-defendant, Akeem Bolton, drove to a barbershop in Capitol Heights, Maryland, and spoke with two employees outside of the shop, pretending to be potential customers. The two left and went to a convenience store across the street, then returned to the barbershop. Doye sat in the barbershop chair while an employee prepared to cut his hair. Doye drew a handgun and pointed it at the employee, while Bolton struck a second employee in the back of the head with a handgun.
As detailed in the plea agreement, Doye and Bolton then forced the employees to the back of the store and pulled the blinds down over the windows of the barbershop. Doye and Bolton forced the employees to strip naked and lie face down on the floor with their hands behind their heads, and ordered them to count to 1,000. Doye and Bolton robbed the employees of their cellphones, money, and jewelry. The robbers threatened to kill the employees if they moved while they counted to 1,000. Doye and Bolton demanded to know where additional money was located in the store and threatened to kill the employees when they were unable to locate additional money. Doye and Bolton again threatened to kill the employees if they reported the robbery then left the barbershop with the personal belongings of the employees.
A search of Doye’s residence recovered a distinctive silver necklace stolen from one of the barbershop employees and a silver and black .40-caliber semi-automatic pistol that was used in the armed robbery. When Bolton was arrested, a black 9mm semi-automatic pistol, which was used in the robbery, was recovered from his person.
Doye and the government have agreed that, if the Court accepts the plea agreement, Doye will be sentenced to between eight and 10 years in federal prison. U.S. District Judge Theodore D. Chuang has scheduled sentencing for June 22, 2020 at 11:30 a.m.
Akeem Bolton, age 29, of Washington, D.C., previously pleaded guilty to the same charges and was sentenced on March 6, 2020 to nine years in federal prison.
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. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Robert K. Hur commended the FBI and the Prince George’s County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Catherine K. Dick and Special Assistant United States Attorney Jared Hernandez, who are prosecuting the case.
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Warm Springs Man Charged with Aggravated Sexual Abuse of Minor, Additional Victims SoughtRead the Press Release
PORTLAND, Ore.—A Warm Springs man has been charged with sexually abusing a minor victim nearly three decades ago on the Warm Springs Indian Reservation.
According to an indictment unsealed today, between January 1993 and January 1998, Austin Smith Sr., 69, a member of the Confederated Tribes of Warm Springs, is alleged to have knowingly engaged in abusive sexual contact with a minor under 12 years old.
Smith is charged with two counts each of abusive sexual contact and sexual abuse and three counts of aggravated sexual abuse. If convicted, he faces a maximum sentence of life in prison.
Smith was arrested on the Warm Springs Indian Reservation and made an initial appearance today in federal court. He was detained pending a six-day jury trial scheduled to begin on May 12, 2020 before U.S. District Court Judge Robert E. Jones.
This case was investigated by FBI Portland’s Safe Trails Task Force and the Warm Springs Tribal Police Department and is being prosecuted by U.S. Attorney’s Office for the District of Oregon.
Investigators are seeking the public’s help to identify additional potential victims who may have had contact with Smith. If you have any reason to believe you or someone you know may be a victim or have additional information about other potential crimes involving this defendant, please contact the FBI at (503) 224-4181 or submit a tip online at https://tips.fbi.gov.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
The Safe Trails Task Force (STTF) unites FBI with federal, state, local, and tribal law enforcement agencies in a collaborative effort to combat the growth of crime in Indian Country. STTF allows participating agencies to combine limited resources and increase investigative coordination in Indian Country to target violent crime, drugs, gangs, and gaming violations.
Two Defendants Indicted in Cocaine RingRead 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 Harold Alexis Ortiz Cosme, 21, and Luis G. Candelario, 25, both of Puerto Rico, with conspiring to possess with intent to distribute, and to distribute, 500 grams or more of cocaine. The charge carries a minimum penalty of 5 years in prison, a maximum penalty of 40 years in prison, and a $5,000,000 fine.
Assistant U.S. Attorney Charles E. Watkins, Jr., who is handling the case, stated that the indictment arises out of a postal interdiction in Puerto Rico that resulted the seizure of 1 kilogram of cocaine. The package was addressed to “Harold Ortiz” at 192 Grant Street, Buffalo, NY, 14213. A joint operation between the Postal Inspection Service and the Drug Enforcement Administration involving a controlled delivery was conducted targeting 192 Grant Street. That operation yielded information leading to the defendants.
On February 12, 2020, a controlled delivery of a package containing sham cocaine was conducted at 192 Grant Street, Buffalo, NY, 14213. Defendant Candelario accepted the package and took it inside of the residence. Moments later, defendants Candelario and Ortiz Cosme, along with a third man came out of the residence and got into two cars, a Grey Nissan Altima and a Blue KIA Optima. Ortiz Cosme placed the package with the sham cocaine into the trunk of the KIA Optima, which he was driving. The two vehicles were then stopped by law enforcement and the package with the sham cocaine was recovered from the vehicle of Ortiz Cosme.
Subsequently, law enforcement executed a search warrant on the residence. The residence was devoid of furniture, save for a chair located at a window that had a clear view of the sidewalk and the mailbox.
The defendants had placed a portion of a postal sticker on the mailbox outside of the residence with the name “Harold Ortiz” written on it. Another portion of the postal sticker was placed on the front door of the residence and it had “leave mail here” written on it. The remainder of the postal sticker was found in the defendants’ vehicles.
The defendants were arraigned before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. Defendants were released on conditions.
The indictment is the result of a joint investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
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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Three "Felony Lane Gang" Members Charged in Portland Area Bank Fraud SchemeRead the Press Release
FORT LAUDERDALE, Fla.—A federal criminal complaint has been unsealed charging three Florida men affiliated with the “Felony Lane Gang” national criminal organization for their roles in a bank fraud scheme targeting female victims in the Portland, Oregon Metropolitan Area.
Delvin Mills, 26, and Treveon Jordan, 22, both of Lauderdale Lakes, Florida, and Damian Fletcher, 26, of Fort Lauderdale, each face charges of conspiracy to commit bank fraud, bank fraud, and aggravated identity theft.
According to the complaint, Mills, Jordan, and Fletcher are members of the Felony Lane Gang, an interstate criminal organization based in Florida that travels to locations throughout the U.S. to commit vehicle break-in and fraud sprees.
Members of the organization appear to target female victims who leave their purses, wallets, and valuables in parked vehicles. After victims exit their vehicles—often to drop off children, run errands, or visit a gym—Felony Lane Gang members quickly break into the vehicle, steal targeted items, and drive away. After stealing purses or wallets, the gang members quickly deploy associates to conduct fraudulent bank or merchant transactions using stolen forms of identification, checks, and credit or debit cards before the victim can alert financial institutions.
The local investigation began after a special agent with Homeland Security Investigations (HSI) learned of a vehicle break-in and theft in Tigard, Oregon. Witnesses allege seeing a man break into a vehicle, steal a victim’s wallet and belongings, and flee in a Jeep Compass sport utility vehicle. During a review of records, Tualatin Police Department, the responding law enforcement agency, learned Jordan had rented the Jeep at Portland International Airport (PDX) one week before the break-in.
With this information, the HSI Special Agent located video surveillance footage of Jordan renting and returning the Jeep at PDX. Jordan appeared to rent the vehicle by himself and return it with two other individuals later identified as Mills and Fletcher. After returning the vehicle, Jordan and Fletcher boarded a flight from PDX to Denver, Colorado. To date, investigators do not know what flight Mills boarded or if he was flying under an assumed name.
The HSI Special Agent later learned that the Jeep had been parked at motel in Northeast Portland during Jordan’s rental period. Further investigation revealed that Mills and Jordan were frequent visitors and usually stayed with an older female. Mills, Jordan and the female, later identified as Linda Marie Lupo, 51, of Deerfield, Florida, had rented rooms at the motel on eight prior occasions over a period of five months.
As the investigation unfolded, HSI began linking the group and the Jeep Compass rental vehicle to numerous unsolved car thefts and instances of bank fraud throughout the Portland area. Lupo and another linked individual, Megan Spurlock, 25, a Washington State resident, were identified as associates of the gang responsible for conducting fraudulent bank and merchant transactions using victims’ stolen bank cards and identification.
To date, this investigation has identified 32 car thefts committed during Mills, Jordan, and Fletcher’s most recent known Oregon crime spree. The thefts occurred in Lake Oswego, West Linn, Tualatin, Clackamas, Happy Valley, Salem, Corvallis, Albany, Springfield, and Beaverton, Oregon, and Vancouver, Washington. In one instance, a handgun was stolen and has not been recovered. The estimated total loss to victims, including banks, during this crime spree exceeds $100,000.
Jordan and Fletcher were arrested on March 9, 2020 in Florida and made their first appearances in federal court in Fort Lauderdale the same day. Detention hearings for both will be held on March 12, 2020 in Fort Lauderdale. Mills is in custody in Florida where he faces local charges. He is expected to make his first appearance in federal court and be transferred to the District of Oregon at a later date.
Lupo and Spurlock are charged with multiple counts of bank fraud and aggravated identity theft in a separate criminal case. Both are in custody and awaiting a four-day jury trial scheduled to begin on April 14, 2020.
This case was investigated by HSI with assistance from the West Linn Police Department, Tualatin Police Department, and Clark County Sheriff’s Office. It is being prosecuted by Quinn P. Harrington, Assistant U.S. Attorney for the District of Oregon.
A criminal complaint is only an accusation of a crime, and defendants are presumed innocent unless and until proven guilty.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of the department at www.Justice.gov/Celebrating150Years.
Criminal ComplaintSussex County Man Whose Drugs Killed Seaford Woman Pleads Guilty to Drug Offense in Federal CourtRead the Press Release
WILMINGTON, Del. – United States Attorney David C. Weiss announced that Roy Horsey, 28, of Sussex County, pled guilty yesterday to a drug offense, and admitted that he distributed a mixture of heroin and fentanyl that killed a Seaford woman in March, 2019.
According to statements made in open court, in March 2019 the defendant was selling controlled substances containing heroin/fentanyl packaged with a stamp that read “Shooter.” On March 8, 2019, the defendant sold some “Shooter” stamped drugs to a Seaford man, and the man shared those drugs with his wife. A few hours later, the man woke up to find his wife in medical distress. He administered CPR, but his wife died of a fentanyl and heroin overdose.
A few days later, Delaware State Police executed a search warrant at Horsey’s house in Seaford. Inside were about 333 baggies of heroin and fentanyl mixture, most of which were stamped “Shooter.”
The stamp “Shooter” caused three deaths and a number of non-fatal overdoses in Sussex County between March 9-13, 2019, and also caused overdoses in Kent and New Castle Counties. Only one of those deaths has been tied to Horsey.
“This defendant gambled with other people’s lives when he decided to sell heroin. Now he’ll roll the dice as the criminal justice system decides an appropriate period of incarceration.” said U.S. Attorney Weiss. “The First State Overdose Task Force and my office will continue to investigate people who sell drugs that cause overdoses – no matter the type of drug or quantity of drugs involved. Dealers will have to decide if it’s worth the risk.
"Horsey was responsible for the distribution of drugs, specifically a mixture of heroin and fentanyl, that resulted in the fatal overdose death of a woman in Sussex County," said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration's (DEA) Philadelphia Field Division. "When the Delaware State Police executed a search warrant on Horsey's house several days later, they recovered a substantial amount of this same heroin and fentanyl mixture that was packaged for distribution. Working with our law enforcement partners in the First State Overdose Task Force, the DEA will continue to pursue drug traffickers like Horsey that seek to poison our communities."
This case was investigated by the Drug Enforcement Administration as part of the First State Overdose Taskforce with assistance from the Delaware State Police. The Task Force consists of state and federal law enforcement partners who work to investigate overdose deaths soon after they occur. Assistant U.S. Attorney Jennifer K. Welsh prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 01:20-cr-00013 (RGA).
Statement from Attorney General William P. Barr on House Legislation to Reauthorize the USA Freedom ActRead the Press Release
Attorney General William P. Barr issued the following statement:
"I have reviewed the House FISA bill and support its passage. The bill contains an array of new requirements and compliance provisions that will protect against abuse and misuse in the future while ensuring that this critical tool is available when appropriate to protect the safety of the American people.
I am pleased that the bill contains a number of provisions Director Wray and I put forward to address past failures, including compliance failures that the Inspector General has identified for us in his recent audit work. The IG’s analysis and recommendations have helped shape our proposals. The Director and I will promulgate additional, implementing rules that advance these reforms.
It is of the utmost important that the Department’s attorneys and investigators always work in a manner consistent with the highest professional standards, and this overall package will help ensure the integrity of the FISA process and protect against future abuses going forward. This legislation deserves broad bi-partisan support."
Statement from Assistant Attorney General Stephen E. Boyd Commending the House’s Passage of the Freedom Act Reauthorization BillRead the Press Release
Assistant Attorney General for Legislative Affairs Stephen E. Boyd issued the following statement:
“The Department is pleased that the House approved the Freedom Act reauthorization bill today with a strong bipartisan vote. The legislation extends three important national security tools and includes strong reforms to FISA that the Department believes will protect Americans. We are pleased that the House adopted a number of provisions that the Attorney General proposed to establish new compliance requirements within the Department and FBI, including safeguards targeted to address issues raised by the Inspector General. We urge the Senate to move forward to approve the House bill prior to the March 15 deadline.”