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Friday 31 January 2020
Dominican National Sentenced for Role in Large-Scale Heroin Trafficking OrganizationRead the Press Release
BOSTON – A Dominican national previously residing in Springfield was sentenced on Tuesday, Jan. 28, 2020, in federal court in Springfield for his role in a large-scale heroin trafficking organization.
Juan Perez, 32, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 30 months in prison and five years of supervised. Perez will face deportation proceedings upon completion of his sentence. In July 2019, Perez pleaded guilty to conspiracy to distribute and possession with intent to distribute more than one kilogram of heroin. Perez and 17 co-defendants were indicted on heroin conspiracy charges in August 2017.
Perez worked with Alberto Marte, the leader of the Springfield-based drug trafficking organization, to distribute vast amounts of heroin in the Springfield area. Perez admitted to travelling to Bronx, N.Y. with Marte and other members of the organization where they purchased three kilograms of heroin, which they intended to distribute in Springfield. Agents seized the heroin on Sept. 22, 2016, when they searched a vehicle on Marte’s property.
The Marte drug trafficking organization had direct contact with heroin supply sources in the Dominican Republic. On a monthly basis, members of the organization transported between eight and 20 kilograms of heroin to the Springfield area.
Marte and 11 other co-conspirators have pleaded guilty and are awaiting sentencing. The remaining defendants have pleaded not guilty.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Hampden County District Attorney Anthony D. Gulluni; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Springfield Police Commissioner Cheryl Clapprood; Chicopee Police Chief William Jebb; Holyoke Police Chief Manny Febo; and West Springfield Police Chief Ronald Campurciani made the announcement today. Assistant U.S. Attorney Neil Desroches of Lelling’s Springfield Branch Office is prosecuting the cases.
District Man Sentenced to 25 Years in Prison for Sexually Assaulting 12-Year-Old Girl Walking to Metro StationRead the Press Release
WASHINGTON – Rakim Davis, 30, of Washington, D.C. was sentenced today by Judge Ronna L. Beck of the Superior Court of the District of the Columbia to 25 years in prison for sexually assaulting a 12-year-old girl who was walking to a D.C. metro station, U.S. Attorney Jessie K. Liu announced.
Davis pled guilty in November 2019 to first degree sexual abuse of a child. Upon completion of his prison term, Davis will be placed on lifetime supervised release. He will also be required to register as a sex offender for the rest of his life.
According to the government’s evidence, on October 12, 2019, the 12-year-old victim was walking to the Congress Heights Metro Station in Washington, D.C. As she entered the 1300 block of Alabama Ave. SE, Davis approached her and asked if he could take her to a traphouse for a massage. When the victim said no, the defendant grabbed her by the arm and told her not to make a scene and that he didn’t want to hurt her. Davis took the victim across the street to an old elementary school that had been converted to a community recreation center. In an isolated corner of the breezeway, he sexually assaulted her. The victim immediately reported the assault to her family members, who brought her to the hospital, at which point the Metropolitan Police Department was notified.
In announcing the sentence, U.S. Attorney Liu commended the work of the Metropolitan Police Department, including the Youth Division, which investigated the case. She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist T.J. McPhail and Victim/Witness Advocate Juanita Harris. Finally, she expressed appreciation for the work of Assistant U.S. Attorney Caroline Burrell, who investigated and prosecuted the case.
David City Man Sentenced for Conspiracy to Possess Methamphetamine with Intent to DistributeRead the Press Release
United States Attorney Joe Kelly announced that David Rogers, 35, of Omaha Nebraska, was sentenced today by Judge Robert F. Rossiter to 120 months (10 years) incarceration for conspiracy to possess methamphetamine with intent to distribute. There is no parole in the federal system. His term of incarceration will be followed by a five-year term of supervised release.
On October 18, 2018, a Dodge County Deputy Sheriff conducted a traffic stop on a vehicle driven by Rogers for crossing a fog line. During the stop, a K9 indicated to the odor of narcotics coming from within the vehicle. A search of the vehicle revealed pipes, a scale, multiple baggies, several knives, and a personal safe containing more than 110 grams of actual methamphetamine. During a post-arrest interview, Rogers admitted to distributing half-pound quantities of methamphetamine in the previous month.
This case was investigated by the Dodge County Sheriff’s Department.
Cuban National Sentenced to Prison for Alien Smuggling OperationRead the Press Release
MIAMI - On January 28, 2020, Tomas Vale Valdivia, 45, a Cuban national who was living in Isla Mujeres, Mexico, was sentenced to 57 months in prison by U.S. District Kathleen M. Williams in Miami, Florida for his participation in a for-profit alien smuggling conspiracy that transported Cuban nationals to Mexico and then into the United States.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Anthony Salisbury, Special Agent in Charge of the U.S. Immigration and Customs Enforcement’s, Homeland Security Investigations (ICE-HSI) Miami Field Office, and George L. Piro, Special Agent in Charge of the FBI’s Miami Field Office made the announcement.
According to the court record, including the agreed upon factual proffer and evidence presented during the sentencing hearing, beginning at least as early as October 2013, and continuing through at least July 2018, a group of individuals, including Vale Valdivia and additional unnamed associates, were members of an alien smuggling conspiracy operating in Miami, Florida, Mexico, the Dominican Republic, and Haiti. Vale Valdivia admitted to being the leader and organizer of the alien smuggling conspiracy, which included five or more participants. Through this conspiracy in excess of 100 migrants were smuggled from Cuba to Mexico and then ultimately to the border of the United States. Generally, the migrants were charged approximately $10,000. Vale Valdivia admitted to knowing that the migrants coming to, entry, and residence in the United States was a violation of law. Vale Valdivia further admitted that this alien smuggling conspiracy, at times, smuggled aliens in a manner that intentionally or recklessly created a substantial risk of death or serious bodily injury to another person. For example, at times vessels used to smuggle migrants were overloaded or were used during foul weather so as to risk capsizing. In addition to smuggling migrants, Vale Valdivia smuggled baseball players from Cuba to the United States. Vale Valdivia also admitted to being involved in a conspiracy that stole engines in the United States and then shipped the engines through a freight forwarding company in Miami to Mexico to be used to further the alien smuggling conspiracy.
This prosecution is the result of the ongoing efforts of the Operation Sisyphus Task Force, a multi-agency partnership to combat Caribbean based organized crime that includes the U.S. Attorney’s Office for the Southern District of Florida, FBI Miami and HSI Miami. In recent years, the Operation Sisyphus Task Force has targeted organizations utilizing coercion and extortion to compel migrants and their families to make payments for the release of loved ones.
If you believe you are a victim of migrant coercion or extortion or know someone who is, you are encouraged to call 1-866-347-2423 or visit https://www.ice.gov/tipline. The toll-free phone number is available 24 hours a day, 7 days a week, 365 days a year. Help is available in English, Spanish, and additional languages.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the ICE-HSI, FBI, U.S. Customs and Border Protection (CBP), and U.S. Coast Guard Investigative Service (CGIS), Southeast Region in this matter. This case is being prosecuted by Assistant U.S. Attorneys J. Mackenzie Duane and Ignacio J. Vázquez, Jr. Assistant U.S. Attorneys Adrienne Rosen and Annika Miranda are assigned to the asset forfeiture aspects of the case.
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 at http://pacer.flsd.uscourts.gov.
Convicted Felon Sentenced to 10 Years in Prison on Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sean Humby, 31, of Rochester, NY, who was convicted of possession of child pornography involving prepubescent minors, after having sustained a conviction for child sexual abuse, was sentenced to serve 10 years in prison, and 10 years of supervised release, by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that Humby was convicted of sexually abusing three minors in Monroe County in 2008, and sentenced to serve 108 months in prison. The defendant was released to parole supervision in 2016. On August 24, 2018, while conducting a routine search of Humby’s residence, New York State Parole Officers discovered the defendant to be in possession of a cellular phone, in violation to his parole conditions. Humby was taken into custody and the phone was turned over to the FBI. A forensic analysis recovered images of child pornography on the phone.
The sentencing is the result of an investigation by members of New York State Parole, under the direction of Acting Commissioner Anthony J. Annucci; the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.
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Congress Must Act to Permanently Ban Lethal DrugsRead the Press Release
A Grain Valley, Missouri, teenager ingested what he thought was just half of an oxycodone pill, and it nearly cost him his life.
The teenage victim didn’t know the pill he bought on the street in the Westport area of Kansas City was laced with a synthetic drug called carfentanil, which is 10,000 times more potent than morphine. Carfentanil is an analogue, or a chemically altered version, of the potent opioid fentanyl, and has been linked to a significant number of overdose deaths across the country.
In this case, the victim was fortunate to receive emergency medical treatment and survived his overdose. The man who sold him the pill, Gage Lankas, was recently sentenced to 15 years in prison.
This tragic scenario is repeated too often in communities from Springfield to Columbia and throughout the state. Fatal drug overdose deaths are on the rise in Missouri. In 2018, 1,635 Missourians died from drug overdose deaths. The vast majority of drug overdose deaths (1,132) were opioid overdoses.
Fentanyl and its analogues (like carfentanil) pose a greater risk of overdose than many other opioids. Only a couple of milligrams – the size of a few grains of salt – is enough to kill the average person. Drug dealers lace their products with fentanyl (which is 50 times more powerful than heroin) to make them more potent. Their customers, like the teenager in Grain Valley, often don’t know they are ingesting fentanyl, or how much.
It’s no secret where fentanyl is coming from — laboratories in China and Mexico manufacture huge amounts of fentanyl and smuggle it into the United States. For example, Edgar Reyes-Toscano was sent to prison last November after he was caught at a Kansas City bus station carrying a duffel bag that contained more than 3.5 kilograms of fentanyl and more than 2.3 kilograms of methamphetamine. When a few grains of fentanyl can be lethal, imagine the danger of more than seven pounds of fentanyl distributed on the streets of our community.
Law enforcement must have the resources to combat this deadly crisis of opioid overdose deaths caused by an influx of fentanyl and fentanyl analogues smuggled into our country. Congress this week voted to temporarily preserve one critical tool, however, there is more that must be done.
Until recently, fentanyl manufacturers could evade federal laws by making small adjustments to the chemical formula and thus creating a new, unregulated drug. These fentanyl analogues, because of their molecular variations, took advantage of a coverage gap in U.S. drug control laws.
In 2018, the DEA took emergency action. Rather than racing to schedule each of these new drugs as they are created and discovered, the DEA scheduled the entire class of fentanyl-like drugs. This authorized federal law enforcement to combat newly emerging fentanyl analogues as aggressively as fentanyl. As a result, there has been a marked decrease in the production of fentanyl analogues over the past two years.
That emergency order would have expired next week; fortunately, the U.S. House of Representatives authorized an extension yesterday of the DEA’s scheduling action controlling fentanyl analogues. The U.S. Senate unanimously approved an identical bill earlier this month, so the measure now awaits the president’s signature.
This is a step in the right direction, but further steps are still needed.
Beyond this temporary extension, a permanent legislative solution for class-wide fentanyl scheduling is necessary so that we don’t find ourselves in this position again, on the brink of opening the floodgates to drug traffickers. The proposed Stopping Overdoses of Fentanyl Analogues legislation has been introduced in Congress and endorsed by the attorneys general in all 50 states.
Missouri has a significant stake in Congressional action. Even as the Centers for Disease Control reports that drug overdose deaths are declining nationally, Missouri is one of the few states where overdose deaths have actually increased. Overdose deaths increased by 16.3 percent in 2018, the latest statistics available, ranked second in the nation only to Delaware (which increased by 16.7 percent). This increase is primarily due to opioids like fentanyl and its analogues. Missouri’s opioid epidemic affects all genders, all races, and many age groups in both rural and urban Missouri communities.
These deadly drugs should be made permanently illegal. The passage of this legislation is quite literally a matter of life and death.
Colebrook Man Pleads Guilty to Distributing Methamphetamine Near a SchoolRead the Press Release
CONCORD - Michael R. Haynes, 39, of Colebrook, pleaded guilty in federal court to distribution of methamphetamine within a school zone, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on February 15, 2019, Haynes sold methamphetamine to an individual who was cooperating with law enforcement officers. The sale occurred within 1,000 feet of an elementary school.
Haynes is scheduled to be sentenced on May 8, 2020.
“Methamphetamine presents a growing threat to people throughout New Hampshire,” said U.S. Attorney Murray. “Communities in all parts of our state have been impacted. In order to maintain public safety, we will continue to work closely with our law enforcement partners to identify and prosecute those who distribute this dangerous drug.”
This matter was investigated by the DEA, with assistance from the Colebrook Police Department, the New Hampshire State Police, U.S. Customs and Border Protection, the Office of Inspector General of the U.S. Department of Health and Human Services, the Coos County Sheriff’s Office, the New Hampshire Liquor Commission’s Division of Enforcement and Licensing, and the New Hampshire Attorney General’s Office. The case is being prosecuted by Assistant United States Attorneys Charles Rombeau and John S. Davis.
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Citizen of El Salvador Pleads Guilty to Reentering U.S. after Being Removed 3 TimesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that WILIAN ALEXANDER ORELLANA-LUNA, 40, a citizen of El Salvador last residing in West Haven, pleaded guilty today before U.S. District Judge Stefan R. Underhill in Bridgeport to reentry of a removed alien.
According to court documents and statements made in court, Orellana-Luna had encounters with the U.S. Border Patrol in Texas in March 2013, November 2015 and February 2019. He was removed to El Salvador after each encounter.
On October 22, 2019, Orellana-Luna was arrested by West Haven Police and charged with evading responsibility resulting in injury or property damage. A biometric match alerted Immigration and Customs Enforcement (ICE) that Orellana-Luna, who had been released after his arrest, was present in Connecticut. ICE arrested Orellana-Luna on December 5, 2019.
Immediately following the guilty plea proceeding, Judge Underhill sentenced Orellana-Luna to time served. Orellana-Luna was then released into ICE custody for removal to El Salvador.
This investigation was conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE). The case was prosecuted by Assistant U.S. Attorney Deborah R. Slater.
Citizen of Ghana Pleads Guilty to Assaulting A Federal Officer and Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nana Dwomah Yeboah, 36, a citizen of the Republic of Ghana, pleaded guilty, before U.S. District Judge Charles J. Siragusa, to assaulting a federal officer and possession of a controlled substance. The charges carry a maximum sentence of eight years in prison, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that that on the morning of December 24, 2017, U.S. Customs and Border Protection Officers were conducting a routine patrol of the Greyhound Bus Station on Cumberland Street in Rochester. Officers observed the defendant enter the bus station and place a package on a bench in the lobby area. Yeboah then exited the station, leaving the package unattended. After several minutes, officers searched the abandoned package to ensure that it did not pose a threat to the public. Inside, officers discovered a quantity of marijuana that appeared to be packaged for sale.
After several minutes, the defendant returned to the area and was questioned by officers, who quickly determined that he was not a U.S. Citizen. As they attempted to detain and further identify Yeboah, he fled the station, leading officers on a short chase. Yeboah was ultimately apprehended, but proceeded to fight with officers for several minutes. One of the officers suffer facial injuries that required treatment at Rochester General Hospital. The defendant was ultimately brought under control with the assistance of civilian bystanders. Subsequent investigation determined that Yeboah was in possession of an additional quantity of marijuana that was packaged for sale.
The plea is the result of an investigation by Customs and Border Protection, under the direction of Special Agent in Charge Vance Kuhner, with assistance from the U.S. Border Patrol under the direction of Chief Edwardo Payan, and the Rochester Police Department, under the direction of Chief La’Ron Singletary.
Sentencing is scheduled for May 7, 2020, before Judge Siragusa.
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Christopher Hasson Sentenced to More Than 13 Years in Federal Prison on Federal Charges of Illegal Possession of Silencers, Possession of Firearms by an Addict to and Unlawful User of a Controlled Substance, and Possession of a Controlled SubstanceRead the Press Release
Greenbelt, Maryland – U.S. District Judge George J. Hazel today sentenced Christopher Paul Hasson, age 50, of Silver Spring, Maryland, to 160 months in federal prison, followed by four years of supervised release, on four federal charges, including unlawful possession of unregistered silencers, unlawful possession of firearm silencers unidentified by serial number, possession of firearms by an addict to and unlawful user of a controlled substance, and possession of a controlled substance. Hasson has been detained since his arrest on February 15, 2019.
The sentence 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; Special Agent in Charge Art Walker of the U.S. Coast Guard Investigative Service; and Acting Special Agent in Charge Toni Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division.
“Preserving our nation’s security against terrorist threats continues to be the Justice Department’s top priority. Lives were saved due to the skill and dedication of law enforcement in this case. Christopher Hasson intended to inflict violence on the basis of his racist and hateful beliefs. As long as violent extremists take steps to harm innocent people, we will continue to use all of the tools we have to prevent and deter them,” said United States Attorney Robert K. Hur.
“The FBI remains committed to combatting terrorism, both domestic and international, and we remain fully prepared to take those actions necessary to safeguard our communities,” said Special Agent in Charge Jennifer Boone. “We will use every tool given to us by the Department of Justice and Congress to disrupt Racially Motivated Violent Extremist activity. However, protection of our communities and our nation is a shared responsibility, and we must combat terrorism as a united force against all forms of violent hate.”
According to his plea agreement, Hasson was a Lieutenant in the United States Coast Guard. Prior to June 2016, Hasson owned a residence and lived in Currituck, North Carolina. In approximately June 2016, Hasson moved to a residence in Silver Spring, Maryland, and worked at Coast Guard Headquarters in Washington, D.C.
As detailed in the government’s sentencing memo and presented to the Court during the sentencing hearing, Christopher Hasson self-identified as a “White Nationalist” for over 30 years and in writings advocated for “focused violence” in order to establish a white homeland. Review of Hasson’s e-mail accounts, saved documents, text messages, and Internet searches show that he was inspired by racist murderers, stockpiled assault weapons, studied violence, and intended to exact retribution on minorities and those he considered traitors.
Hasson admitted that from at least March 2016 through early February 2019, he used various e-mail accounts, including an overseas encrypted e-mail account, to order Tramadol, which is an opioid, from various illegal Internet-based distributors. Hasson usually paid for the Tramadol by wiring money to individuals in Mexico, at the direction of the Mexico-based distributor, who then had the Tramadol shipped to Hasson, typically in 100mg pills, at addresses Hasson provided, including his North Carolina and Maryland residences. Hasson admitted that he then concealed the Tramadol in other packaging at his residence and work and personally took the pills, usually daily, including while he was at work.
As detailed in his plea agreement, at the time of Hasson’s arrest on February 15, 2019, agents recovered 196 Tramadol pills from Hasson’s backpack. Search warrants executed the same day recovered 106 Tramadol pills from Hasson’s desk at Coast Guard Headquarters and 122 Tramadol pills from Hasson’s residence. From Hasson’s residence, law enforcement also recovered the following firearms: seven rifles; two shotguns; four pistols; two revolvers; an assembled firearm silencer; and a disassembled firearm silencer. In close proximity to the guns, agents found multiple magazines that could accept more than 15 rounds of ammunition, as well as hundreds of rounds of ammunition. Hasson ordered the components of the firearm silencers from a company in California and used a drill to complete and assemble one firearm silencer. Hasson knew the firearm silencers were not registered in the National Firearms Registration and Transfer Record, and that they did not have serial numbers, as required by law.
As detailed in court documents, to prepare himself to take action, in addition to the firearms and silencers referenced above, Hasson purchased holsters, knives, magazines, ammunition, handguards, camping supplies, Meals-Ready-to-Eat, steel body armor plates, plate carriers, tactical vests and pouches, firearm repair kits, and smoke grenades. Hasson also e-mailed to his Coast Guard computer the manifestos of mass murderer Anders Breivik and Unabomber Ted Kaczynski, as well as the memoir of Eric Rudolph, the 1996 Atlanta Olympics bomber, titled “Between the Lines of Drift: The Memoirs of a Militant.” Hasson referred to those documents in his own writings. Hasson registered for an online sniper and sharpshooter forum, studied sniper tactics, and purchased high-end scopes and a sniper rifle. Internet searches performed by Hasson show that he targeted potential victims, including media personalities and current and former elected officials.
United States Attorney Robert K. Hur commended the FBI, the U.S. Coast Guard Investigative Service, and the ATF for their work in the investigation. Mr. Hur thanked his office’s national security prosecutors, who handled the case.
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California man who hacked into Nintendo servers to steal video games and other proprietary information pleads guiltyRead the Press Release
Seattle – A 21-year-old Palmdale, California, man pleaded guilty today in U.S. District Court in Seattle to federal crimes related to his computer hacking scheme and his possession of child pornography found on his digital devices, announced U.S. Attorney Brian T. Moran. RYAN S. HERNANDEZ, aka Ryan West, who used the online moniker “RyanRocks,” pleaded guilty to a two-count information. HERNANDEZ is scheduled for sentencing by U.S. District Judge John C. Coughenour on April 21, 2020.
According to records filed in the case, in 2016, while still a minor, HERNANDEZ and an associate used a phishing technique to steal credentials of a Nintendo employee, which were exploited to gain access to and download confidential Nintendo files related to its consoles and games. That stolen information, including pre-release information about the anticipated Nintendo Switch console, was leaked to the public. In October 2017, following an investigation into the hack, FBI agents contacted HERNANDEZ and his parents at their California residence. HERNANDEZ promised to stop any further malicious activity and confirmed that he understood the consequences of any future hacking.
Nevertheless, from at least June 2018 to June 2019, HERNANDEZ returned to his malicious activities, hacking into multiple Nintendo servers and stealing confidential information about various popular video games, gaming consoles, and developer tools. HERNANDEZ boasted about his hacking exploits on several online and social media platforms, such as Twitter and Discord, and leaked some of the stolen information to others. HERNANDEZ further operated an online chat forum called “Ryan’s Underground Hangout” in which he and others discussed Nintendo products and shared information about possible Nintendo network vulnerabilities, and on which he shared some of the confidential information he had stolen.
In June 2019, FBI agents searched HERNANDEZ’s home and seized numerous electronic devices, including computers, hard drives, and circumvention devices used to access pirated video games and software. On those devices, they discovered thousands of confidential Nintendo files. Forensic analysis of his devices also revealed that HERNANDEZ had used the internet to collect more than one thousand videos and images of minors engaged in sexually explicit conduct, stored and sorted in a folder directory he labeled “Bad Stuff.”
Under the terms of the plea agreement, prosecutors and defense attorneys, will recommend three years in prison. However, the ultimate sentence is up to the judge and could be up to the statutory maximums of 5 years in prison for computer fraud and abuse, and 20 years in prison for possession of child pornography.
HERNANDEZ has agreed to pay $259,323 in restitution to Nintendo for the remediation costs caused by his conduct. Under the terms of the plea agreement, HERNANDEZ also will be required to register as a sex offender following his conviction.
The case was investigated by the FBI, Seattle Cyber Task Force. The case is being prosecuted by Assistant United States Attorney Steven Masada.
C-Block Gang Leader Convicted of Drug and Firearms OffensesRead the Press Release
DES MOINES, Iowa – On January 30, 2020, following a four-day trial, a jury found Daeron Johnson Merrett guilty of conspiracy to distribute 500 grams or more of cocaine, 8 counts of distribution of a controlled substance, one count of possession with intent to distribute cocaine, and one count of possessing a firearm as a felon. The case was presided over by United States District Court Judge Rebecca Goodgame Ebinger. Sentencing is scheduled for May 29, 2020, at 9:00 a.m.
Merrett was arrested on March 27, 2019, during the coordinated execution of search and arrest warrants in Des Moines. Merrett was identified from the criminal complaint affidavit as a leader of C-Block, a criminal street gang based in Des Moines. In December 2018, law enforcement obtained authorization to intercept Merrett’s telephone communications, which led to the identification of Merrett’s cocaine trafficking network.
During trial, the government presented evidence that Merrett began traveling to Chicago, Illinois in January 2019 to obtain cocaine for distribution in Des Moines. Over the course of a one-month period, Merrett made four separate trips to Chicago to obtain cocaine, totaling over 500 grams. The evidence also showed that Merrett developed a Texas-based cocaine source of supply, from which he arranged to receive a kilogram of cocaine. Merrett had numerous cocaine customers and co-conspirators in Des Moines, many of whom were charged in the same Indictment and have entered guilty pleas.
On March 27, 2019, during a search warrant executed at Merrett’s Des Moines residence, law enforcement located cocaine, numerous digital scales, packaging materials, a loaded firearm, and various rounds of ammunition.
Merrett has a prior conviction for a serious drug felony, that is, a 2011 conviction in the Iowa District Court for Polk County for delivery of a controlled substance.
Conspiracy to distribute more than 500 grams of cocaine following a conviction for a serious drug felony carries a mandatory minimum term of imprisonment of ten years and a
maximum term of imprisonment of life.The case was investigated by the Federal Bureau of Investigation’s Central Iowa Gang Task Force, Des Moines Police Department, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Drug Enforcement Administration, Dallas County Sheriff’s Office, Polk County Sheriff’s Office, Story County Sheriff’s Office, and the Altoona Police Department. The case was prosecuted by Assistant United States Attorneys Mikaela J. Shotwell and Adam J. Kerndt.
Bulk Trafficker of Heroin and Crystal Methamphetamine Is Sentenced to 20 YearsRead the Press Release
CHARLOTTE, N.C. – Otequise Lenard Miller, 34, of Concord, N.C. was sentenced today to 240 months in prison and five years of supervised release on drug trafficking conspiracy resulting in an overdose death and money laundering charges, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina.
Robert J. Murphy, Special Agent in Charge of the Atlanta Field Division of the Drug Enforcement Administration (DEA), which oversees the Charlotte District Office; Ronnie Martinez, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Charlotte; Chief Gary J. Gacek of the Concord Police Department; and Interim Chief Terry Spry of the Kannapolis Police Department join U.S. Attorney Murray in making today’s announcement.
According to filed court documents and today’s sentencing hearing, from 2015 until his arrest on August 22, 2018, Miller was part of a drug conspiracy that trafficked bulk crystal methamphetamine and heroin into Mecklenburg County. During the relevant time period, Miller trafficked approximately seven to nine kilograms of heroin, and 14 to 18 kilograms of crystal methamphetamine. In addition to drug trafficking, Miller concealed and laundered the drug proceeds.
Court records show that, in December 2017, Miller sold heroin to a victim identified in court documents as “W.M.,” which resulted in the victim’s overdose death. As described further in court documents, Miller continued to sell narcotics even after he became aware of the victim’s death. Miller is a repeat offender, and was previously convicted of drug trafficking charges.
Miller is currently in custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
This case is part of the U.S. Attorney’s Office initiative to combat the opioid abuse epidemic in the Western District of North Carolina through prosecution, enforcement and prevention.
In June 2019, U.S. Attorney Murray announced the formation of the Western District’s Heroin and Opioid Prevention and Enforcement (H.O.P.E.) Task Force. This multi-agency team of experienced federal and state investigators located in the Western District of North Carolina work with federal prosecutors to identify abusive practices by participants in the opioid pharmaceutical supply chain, and to prosecute drug trafficking networks that distribute lethal heroin and opioids into our communities.
The Task Force focuses on coordinating investigations, information sharing, identifying trends throughout the region, investigating whistleblower complaints, and the creation of cross-agency investigative teams so each agency task force member can bring its area of expertise on investigations.
The Task Force builds upon existing partnerships between the agencies, and its work reflects a heightened effort to reduce heroin and opioid abuse, to increase prevention through outreach efforts, and to educate the public about the dangers of counterfeit drugs, heroin abuse and opioid addiction.
This prosecution is also part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), targeting the importation of narcotics from Mexico into Western North Carolina.
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 drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
DEA, HSI, the Concord Police Department, and the Kannapolis Police Department investigated the case.
Assistant U.S. Attorney Sanjeev Bhasker, of the U.S. Attorney’s Office in Charlotte, is in charge of the prosecution.
Buffalo Man Going to Prison for His Role in Drug Trafficking OrganizationRead 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 Devincio K.D. James, 30, of Buffalo, NY, who was convicted of conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine, was sentenced to serve 87 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that between July 2017 and September 29, 2017, the defendant conspired with others to distribute cocaine in the Niagara Falls area for a drug trafficking organization led by co-defendant Cesar Rivera-Figueroa.
James was a mid-level distributor of cocaine for Rivera-Figueroa. James picked up the cocaine from either Rivera-Figueroa or another co-defendant, then sold it in Niagara Falls. On September 29, 2017, James was arrested inside his residence at 1080 99th Street in Niagara Falls. Investigators searched the residence and recovered approximately $29,260 in U.S. currency; a loaded 20 gauge shotgun; 23 live 20 gauge shotgun shells; and five digital scales.
A total of 12 defendants were charged and convicted in this case. James is the seventh defendant to be sentenced.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the New York State Police, under the direction of Major James Hall, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
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Boston Man Pleads Guilty to Illegally Possessing a Loaded HandgunRead the Press Release
BOSTON – A Boston man pleaded guilty yesterday in federal court in Boston to being a felon in possession of a firearm and ammunition.
Kerry Charlotin, 30, pleaded guilty to being a felon in possession of a firearm and ammunition before U.S. District Court Judge William G. Young who scheduled sentencing for May 21, 2020. Charlotin was charged in August 2019.
On May 1, 2019, officers were in the area of Blue Hill Avenue in Mattapan due to resident complaints of drug dealing and public drinking. It is alleged that when Charlotin, who was seen by the officers wearing a black backpack, observed the police presence, he ran. The officers pursued him, and when they caught up to him, a black backpack was in the air and landed on the roof of a building. Charlotin, no longer wearing a black backpack, continued running from the officers; he was eventually found hiding in a fenced in area in a backyard. When officers recovered the black backpack, they found, among other things, a loaded Glock 26, 9mm caliber Lugar semi-automatic pistol containing nine rounds of ammunition, one of those rounds was in the chamber.
Based on prior felony convictions, Charlotin is prohibited from possessing a firearm and ammunition under federal law.
The charging statute provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Boston Police Commissioner William G. Gross made the announcement. Assistant U.S. Attorney Lindsey E. Weinstein of Lelling’s Major Crimes Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Berks County Accountant Allegedly Victimizes the Mennonite and Amish Communities in Massive Ponzi SchemeRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Philip Elvin Riehl, 68, of Bethel Township, Berks County, PA, was charged by Information with conspiracy, securities fraud, and wire fraud, stemming from an investigation into a Ponzi scheme worth approximately $60 million. The alleged fraud targeted members of the Mennonite and Amish religious communities in Pennsylvania and elsewhere and is one of the largest Pennsylvania-based alleged Ponzi schemes in history.
Riehl, an accountant, is alleged to have fraudulently solicited tens of millions of dollars in investments, from his accounting clients and others, into a bogus investment program that he operated. Riehl then diverted funds from the program to Trickling Springs Creamery, LLC, a Franklin County–based creamery of which he was the majority owner. Riehl also fraudulently solicited direct investments in Trickling Springs Creamery. The Information further alleges that Riehl made material misrepresentations about the safety and security of these investments in his program and about the performance of the program, as well as misrepresentations and omissions about the creamery’s business and financial condition. Trickling Springs Creamery announced it was ceasing operations in September 2019 and filed a bankruptcy petition in December 2019.
The allegations constitute what is sometimes referred to as “affinity fraud,” which typically involves investment scams that prey upon members of identifiable groups, such as religious or ethnic communities. These types of scams exploit the trust and friendship that exist in groups of people who share common interests or beliefs. The victims of Riehl’s alleged scheme were generally members of the Mennonite or Amish religious communities who wanted a safe and secure investment, operated within their community and in a manner consistent with their religious principles. The charges note that Riehl was a co-religionist in the Mennonite religious community.
“These investors were looking for honesty and integrity when deciding where and with whom to invest their money,” said U.S. Attorney McSwain. “According to the Information, Riehl presented himself as a trusted member of their religious community, only to betray that trust and swindle them out of tens of millions of dollars. It is only natural for members of a tightly knit community to want to take care of one another, but Riehl did not care about anyone but himself. Fraudsters must be held accountable under the law – no matter what community they belong to – for justice to prevail.”
“So long as there are people with money to invest, there will be swindlers ready to take their money under false pretenses,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “But it is particularly loathsome when these criminals exploit trusting members of their own church or community. According to the Information, Philip Riehl repeatedly misrepresented what he was doing with his investors’ money – people who took him at his word. The FBI will continue to investigate and hold accountable those who engage in such financial fraud.”
If convicted, the defendant faces a maximum possible sentence of 45 years in prison, a $5,500,000 fine, a 3-year term of supervised release, forfeiture, and mandatory restitution.
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Michael J. Rinaldi. The U.S. Attorney’s Office appreciates the assistance of the Pennsylvania Department of Banking and Securities, and the U.S. Securities and Exchange Commission.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Berkeley County woman admits to theft of government propertyRead the Press Release
MARTINSBURG, WEST VIRGINIA – Crystal M. Tress, of Martinsburg, West Virginia, has admitted to stealing government property, U.S. Attorney Bill Powell announced.
Tress, age 42, pled guilty to one count of “Theft of Government Property.” Tress admitted to embezzling more $5,309.20 that belonged to the United States government while she was employed at the Veterans Canteen Service. The crime took place from April 2018 to March 2019 in Berkeley County.
Tress faces up to 10 years incarceration. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Kimberley D. Crockett is prosecuting the case on behalf of the government. The Department of Veterans Affairs Police investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Bella Vista, Arkansas Man Sentenced to 120 Months for Transportation of A Minor with Intent to Engage in Criminal Sexual ActivityRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Cameron Nathaniel Robinson, age 21, of Bella Vista, Arkansas, was sentenced to 120 months’ imprisonment, and 5 years of supervised release for Transportation Of A Minor With Intent To Engage In Criminal Sexual Activity, in violation of Title 18, United States Code, Section 2423(a). The charges arose from an investigation by the Westville Police Department and the Federal Bureau of Investigation.
The Indictment alleged that from on or about April 2, 2019, to on or about April 3, 2019, in the Eastern District of Oklahoma, and elsewhere, the defendant knowingly transported an individual who had not attained the age of 18 years, in interstate commerce, with the intent that such individual engage in sexual activity for which any person can be charged with a criminal offense.
“One of the most important responsibilities we have is to protect children from predators. The investigation in this case proved the defendant preyed upon the victim, a minor child, for his sexual desires. He began luring the victim through the use of internet applications and text messages, arranged to meet the victim in person, and then took her to his home in Arkansas,” said United States Attorney Brian J. Kuester. “Child predators commonly use the internet and phones to communicate with, lure, groom, and arrange to meet their victims. Tragically, technology has given criminals potential access to children even when they aren’t in the same state. This is a reality we must always remember and take precautions against.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Sarah McAmis represented the United States.Baltimore Felon Sentenced to Seven Years in Federal Prison for Illegal Possession of a FirearmRead the Press Release
Baltimore, Maryland – U.S. District Judge Catherine C. Blake today sentenced Malik Moseley, age 28, of Baltimore, Maryland, to seven years in federal prison, followed by three years of supervised release, for being a felon in possession of a firearm. Moseley was charged as part of the federal-state initiative announced in December 2018 to combat the fentanyl crisis in Maryland.
Under this initiative, titled the “Synthetic Opioid Surge,” or “SOS” for short, every arrest involving distribution of fentanyl made by law enforcement in Baltimore is reviewed jointly by the State’s Attorney’s Office for Baltimore City, the Drug Enforcement Administration, and the U.S. Attorney’s Office to determine whether the case will be handled in the state or federal system. The U.S. Attorney’s Office will prosecute more cases involving fentanyl as a result of this new program. The use of federal resources and statutes, which carry significant terms of imprisonment, is necessary to prosecute those individuals who pose the greatest threat to public safety in distributing lethal doses of fentanyl.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration, Baltimore District Office; Commissioner Michael Harrison of the Baltimore Police Department; and Anne Arundel County Police Chief Tim Altomare.
“Law enforcement partners are working together to arrest and prosecute those who peddle deadly fentanyl on our streets and in our neighborhoods—especially those drug dealers who illegally possess guns,” said U.S. Attorney Robert K. Hur. “Drug traffickers are on notice that dealing in fentanyl increases their odds of federal prosecution. We must do everything we can to reduce overdose deaths from fentanyl and from all opioids. I am grateful to Baltimore City State’s Attorney Marilyn Mosby for providing a cross-designated Assistant State’s Attorney to facilitate and coordinate the review of SOS cases.”
According to Moseley’s guilty plea, in September and October 2018, members of the Baltimore Police Department conducted two controlled purchases of drugs from Moseley at a residence in the 400 block of Freeman Street in South Baltimore. Law enforcement officers also conducted covert surveillance outside the residence and observed Moseley and another individual engage in suspected hand-to-hand drug transactions in front of the home.
Based on this information, BPD officers obtained a search warrant for the residence, which they executed on October 17, 2018. At the time, Moseley had an open arrest warrant from Anne Arundel County, Maryland. While approaching the residence, the officers observed Moseley standing outside, and they immediately apprehended and arrested him. In a search of Moseley’s person incident to his arrest, the officers recovered a 9mm semi-automatic pistol, loaded with eight rounds of ammunition; a plastic bag containing nine suboxone strips, and $790 in cash. Moseley had a previous felony conviction and was therefore prohibited from possessing a firearm or ammunition.
During the search of the residence, the officers recovered bags containing a total of approximately 47 grams of fentanyl; a bag containing approximately 5 grams of a heroin-fentanyl mixture; drug paraphernalia, including three digital scales with drug residue; razor blades with residue; a glass plate with residue; a pill press with residue; and various drug packaging material. In addition, law enforcement recovered a gun holster; two remote-control surveillance drones; a home surveillance system with two high-definition cameras; $101 in cash, and $30 in counterfeit currency.
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 DEA, the Baltimore Police Department, and the Anne Arundel County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Christina A. Hoffman, who prosecuted the case and thanked Special Assistant U.S. Attorney Jeffrey Hann, a cross-designated Baltimore City Assistant State’s Attorney, for his assistance.
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Attorney General William P. Barr Names U.S. Attorney Erin Nealy Cox as Chair of Attorney General’s Advisory CommitteeRead the Press Release
Attorney General William P. Barr today announced that Erin Nealy Cox, U.S. Attorney for the Northern District of Texas, has been elevated from Vice Chair to Chair of the Attorney General’s Advisory Committee (AGAC).
Attorney General Barr also announced Justin Herdman, U.S. Attorney for the Northern District of Ohio, will become the new Vice Chair.
“Erin Nealy Cox has shown herself to be a leader in the U.S. Attorney community, a fierce advocate for the rule of law who has spearheaded prosecution efforts targeting domestic abusers and other violent criminals,” said Attorney General Barr. “Justin Herdman has also been a leader at the forefront of the department’s fight against the deadly trade in fentanyl and other dangerous drugs. I am pleased to have them leading my AGAC team.”
U.S. Attorney Nealy Cox replaced former Chair, Jessie Liu who resigned this week as U.S. Attorney for the District of Columbia.
In addition, Attorney General Barr appointed U.S. Attorney John Bash to the Attorney General’s Advisory Committee.
The AGAC represents the voice of the U.S. Attorneys and provides advice and counsel to the Attorney General on policy, management and operational issues impacting the Offices of the U.S. Attorneys.
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.
Attorney General William P. Barr Names U.S. Attorney Erin Nealy Cox as Chair of Attorney General’s Advisory CommitteeRead the Press Release
Attorney General William P. Barr today announced that Erin Nealy Cox, U.S. Attorney for the Northern District of Texas, has been elevated from Vice Chair to Chair of the Attorney General’s Advisory Committee (AGAC).
Attorney General Barr also announced Justin Herdman, U.S. Attorney for the Northern District of Ohio, will become the new Vice Chair.
“Erin Nealy Cox has shown herself to be a leader in the U.S. Attorney community, a fierce advocate for the rule of law who has spearheaded prosecution efforts targeting domestic abusers and other violent criminals,” said Attorney General Barr. “Justin Herdman has also been a leader at the forefront of the department’s fight against the deadly trade in fentanyl and other dangerous drugs. I am pleased to have them leading my AGAC team.”
U.S. Attorney Nealy Cox replaced former Chair, Jessie Liu who resigned this week as U.S. Attorney for the District of Columbia.
In addition, Attorney General Barr appointed U.S. Attorney John Bash to the Attorney General’s Advisory Committee.
The AGAC represents the voice of the U.S. Attorneys and provides advice and counsel to the Attorney General on policy, management and operational issues impacting the Offices of the U.S. Attorneys.
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.
Alien Smuggler Sentenced to 17 Years in Prison for Shooting at Border Patrol Agents During High Speed PursuitRead the Press Release
TUCSON, Ariz. – On January 24, 2020, Roberto Ramirez, 23, of Tucson, was sentenced by U.S. District Judge Jennifer G. Zipps to 204 months in prison. Ramirez previously pleaded guilty on August 8, 2019, to one count of Transportation of Illegal Aliens for Profit Placing in Jeopardy of Life, three separate counts of Assault on a Federal Officer with a Deadly Weapon, and one count of Possession of a Firearm by a Prohibited Person.
On Christmas Eve 2017, Ramirez transported two undocumented aliens for profit and fled from the Border Patrol checkpoint on I-19 at speeds close to 100 mph. Three Border Patrol agents were in pursuit when the defendant tried to ram their marked patrol cars with his own car. When that did not stop the pursuit, the defendant fired shots at the agents with a revolver. When his firearm was empty of ammunition, the defendant attempted to reload the weapon but, in doing so, lost control of his car which then rolled multiple times. One of the undocumented individuals was unrestrained and ejected from the defendant’s vehicle. He suffered head trauma that caused him to be in a coma, and sustained a broken shoulder and collarbone resulting in the permanent disfigurement of one of his shoulders. The other individual suffered a permanent injury to one of his eyes that will affect his vision for the rest of his life.
“This case highlights the dangers involved with illegal alien smuggling,” said HSI Special Agent in Charge, Scott Brown. “Recklessly, the driver caused bodily harm to two other people during the rollover, as he callously attempted to flee law enforcement officers while shooting at them. HSI continues to aggressively target and dismantle transnational criminal organizations that profit from the suffering of individuals.”
“We are grateful to the Border Patrol agents who put their lives on the line to stop Ramirez from causing even more harm,” said United States Attorney Michael Bailey. “These smugglers present a danger to everyone, and we will continue to work with Border Patrol, H.S.I., and other law enforcement partners to aggressively prosecute these cases.”
The investigation in this case was conducted by Homeland Security Investigations. The prosecution was handled by Liza M. Granoff and Matthew C. Cassell, Assistant U.S. Attorneys, District of Arizona, Tucson.
Alabama Physician Pleads Guilty to Drug Distribution Charges for Prescription of OpioidsRead the Press Release
BIRMINGHAM, Ala. – A family medicine physician pleaded guilty today of drug distribution charges arising out of her prescription of opioid drugs from a medical clinic she operated in Alabama.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Jay E. Town of the Northern District of Alabama, Special Agent in Charge Derrick L. Jackson for the Office of Inspector General of the U.S. Department of Health and Human Services and Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration’s New Orleans Field Division made the announcement.
Celia Lloyd-Turney (Turney), M.D., 66, of Toney, Alabama, who operated Choice Medicine Clinic, pleaded guilty to one count of unlawful distribution of controlled substances. Sentencing has been scheduled for June 8, 2020 before U.S. District Judge Liles C. Burke of the Northern District of Alabama.
"Turney operated a family medicine clinic, mass-prescribing opioids without medical justification and taking advantage of patients, many of whom are addicted to opioids, with no regard to the larger pain brought to those individuals, families and communities,” Town said. “After the government had rested its case, and faced with the mountain of evidence presented against her, Dr. Turney didn’t wait for the verdict. She pleaded guilty, which is the strongest form of proof in our system. I am grateful to the trial team, Main Justice Criminal Fraud Section, Criminal Division AAG Brian Benczkowski, and the entire ARPO Strike Force team for their efforts in this case. The citizens of Alabama are safer as a result and the message is clear to medical providers who over-prescribe opioids: the white coat is no shield to federal prosecution.”
"Prescription drug abuse remains a significant problem in this country that destroys countless lives. DEA is fully committed to the pursuit of any individual who abandons their oath as a medical practitioner,” DEA Special Agent in Charge Brad L. Byerley said. “DEA will continue to work with all of our law enforcement partners, the medical community and the public to identify and stop those responsible for endangering lives in our communities and bring them to justice.”
The plea came after a trial while the jury was deliberating, but before they reached a verdict. At trial, evidence showed that from 2015 to 2017, Turney wrote multiple prescriptions for controlled substances to purported patients who were actively abusing other drugs, suffering from addiction, and selling the pills.
This case was investigated by HHS-OIG and the DEA, with the assistance of the Huntsville, Alabama Police Department. Trial Attorneys Louis Manzo and Ann Weber Langely of the Criminal Division’s Fraud Section and Assistant U.S. Attorney J.B. Ward of the Northern District of Alabama 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 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 Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 70 defendants who are collectively responsible for distributing more than 40 million pills.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Alabama Physician Pleads Guilty to Drug Distribution Charges for Prescription of OpioidsRead the Press Release
A family medicine physician pleaded guilty today of drug distribution charges arising out of her prescription of opioid drugs from a medical clinic she operated in Alabama.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Jay E. Town of the Northern Distrcit of Alabama, Special Agent in Charge Derrick L. Jackson for the Office of Inspector General of the U.S. Department of Health and Human Services and Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration’s (DEA) New Orleans Field Division made the announcement.
Celia Lloyd-Turney (Turney), M.D., 66, of Toney, Alabama, who operated Choice Medicine Clinic, pleaded guilty to one count of unlawful distribution of controlled substances. Sentencing has been scheduled for June 8, 2020, before U.S. District Judge Liles C. Burke of the Northern District of Alabama.
The plea came after a trial while the jury was deliberating, but before they reached a verdict. At trial, evidence showed that from 2015 to 2017, Turney wrote multiple prescriptions for controlled substances to purported patients who were actively abusing other drugs, suffering from addiction, and selling the pills.
This case was investigated by HHS-OIG and the DEA, with the assistance of the Huntsville, Alabama Police Department. Trial Attorneys Louis Manzo and Ann Weber Langely of the Criminal Division’s Fraud Section and Assistant U.S. Attorney J.B. Ward of the Northern District of Alabama 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 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 Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 70 defendants who are collectively responsible for distributing more than 40 million pills.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.
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.
Airbus Agrees to Pay over $3.9 Billion in Global Penalties to Resolve Foreign Bribery and ITAR CaseRead the Press Release
Airbus SE (Airbus or the Company), a global provider of civilian and military aircraft based in France, has agreed to pay combined penalties of more than $3.9 billion to resolve foreign bribery charges with authorities in the United States, France and the United Kingdom arising out of the Company’s scheme to use third-party business partners to bribe government officials, as well as non-governmental airline executives, around the world and to resolve the Company’s violation of the Arms Export Control Act (AECA) and its implementing regulations, the International Traffic in Arms Regulations (ITAR), in the United States. This is the largest global foreign bribery resolution to date.
Airbus entered into a deferred prosecution agreement with the department in connection with a criminal information filed on Jan. 28, 2020 in the District of Columbia charging the Company with conspiracy to violate the anti-bribery provision of the Foreign Corrupt Practices Act (FCPA) and conspiracy to violate the AECA and its implementing regulations, the ITAR. The FCPA charge arose out of Airbus’s scheme to offer and pay bribes to foreign officials, including Chinese officials, in order to obtain and retain business, including contracts to sell aircraft. The AECA charge stems from Airbus’s willful failure to disclose political contributions, commissions or fees to the U.S. government, as required under the ITAR, in connection with the sale or export of defense articles and defense services to the Armed Forces of a foreign country or international organization. The case is assigned to U.S. District Judge Thomas F. Hogan of the District of Columbia.
“Airbus engaged in a multi-year and massive scheme to corruptly enhance its business interests by paying bribes in China and other countries and concealing those bribes,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “This coordinated resolution was possible thanks to the dedicated efforts of our foreign partners at the Serious Fraud Office in the United Kingdom and the PNF in France. The Department will continue to work aggressively with our partners across the globe to root out corruption, particularly corruption that harms American interests.”
“International corruption involving sensitive U.S. defense technology presents a particularly dangerous combination. Today’s announcement demonstrates the Department’s continuing commitment to ensuring that those who violate our export control laws are held to account,” said Principal Deputy Assistant Attorney General David P. Burns of the Justice Department’s National Security Division (NSD). “The resolution, however, also reflects the significant benefits available under NSD’s revised voluntary self-disclosure policy for companies that choose to self-report export violations, cooperate, and remediate as to those violations, even where there are aggravating circumstances. We hope other companies will make the same decision as Airbus to report potential criminal export violations timely and directly to NSD so that they too can avail themselves of the policy’s benefits.”
“Today, Airbus has admitted to a years-long campaign of corruption around the world, said U.S. Attorney Jessie K. Liu of the District of Columbia. “Through bribes, Airbus allowed rampant corruption to invade the U.S. system. Additionally, Airbus falsely reported information about their conduct to the U.S. government for more than five years in order to gain valuable licenses to export U.S. military technology. This case exemplifies the ability of our prosecutors and law enforcement to work with our foreign counterparts to ensure that corruption around the world is prevented and punished at the highest levels.”
“Airbus SE, the second largest Aerospace company world-wide, engaged in a systematic and deliberate conspiracy, that knowingly and willfully violated U.S. fraud and export laws,” said Special Agent in Charge Peter C. Fitzhugh of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) New York. “Airbus’s fraud and bribery in commercial aircraft transactions strengthened corrupt airlines and bad actors worldwide, at the expense of straightforward enterprises. Additionally, the bribery of government officials, specifically those involved in the procurement of U.S. military technology, posed a national security threat to both the U.S. and its allies. The global threats facing the U.S. have never been greater than they are today, and HSI New York is committed to working with our federal and international partners to assure sensitive U.S. technologies are not unlawfully and fraudulently acquired. As this investigation reflects, national security continues to be a top priority not just for Department of Homeland Security, but for HSI New York.”
The Company’s payment to the United States will be $527 million for the FCPA and ITAR violations, and an additional 50 million Euros (approximately $55 million) as part of a civil forfeiture agreement for the ITAR-related conduct, and the department will credit a portion of the amount the Company pays to the Parquet National Financier (PNF) in France under the Company’s agreement with the PNF. In addition, the Company has agreed to pay a $10 million penalty to the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), of which the department is crediting $5 million. In related proceedings, the Company settled with the PNF in France over bribes paid to government officials and non-governmental airline executives in China and multiple other countries and the Company has agreed to pay more than 2 billion Euros (more than approximately $2.29 billion) pursuant to the PNF agreement. As part of this coordinated global resolution, the Company also entered into a deferred prosecution agreement with the United Kingdom’s Serious Fraud Office (SFO) over bribes paid in Malaysia, Sri Lanka, Taiwan, Indonesia and Ghana, and the Company has agreed to pay approximately 990 million Euros equivalent (approximately $1.09 billion) pursuant to the SFO agreement. The PNF and SFO had investigated the Company as part of a Joint Investigative Team.
According to admissions and court documents, beginning in at least 2008 and continuing until at least 2015, Airbus engaged in and facilitated a scheme to offer and pay bribes to decision makers and other influencers, including to foreign officials, in order to obtain improper business advantages and to win business from both privately owned enterprises and entities that were state-owned and state-controlled. In furtherance of the corrupt bribery scheme, Airbus employees and agents, among other things, sent emails while located in the United States and participated in and provided luxury travel to foreign officials within the United States.
The admissions and court documents establish that in order to conceal and to facilitate the bribery scheme, Airbus engaged certain business partners, in part, to assist in the bribery scheme. Between approximately 2013 and 2015, Airbus engaged a business partner in China and knowingly and willfully conspired to make payments to the business partner that were intended to be used as bribes to government officials in China in connection with the approval of certain agreements in China associated with the purchase and sale of Airbus aircraft to state-owned and state-controlled airlines in China. In order to conceal the payments and to conceal its engagement of the business partner in China, Airbus did not pay the business partner directly but instead made payments to a bank account in Hong Kong in the name of a company controlled by another business partner.
Pursuant to the AECA and ITAR, the DDTC regulates the export and import of U.S. defense articles and defense services, and prohibits their export overseas without the requisite licensing and approval of the DDTC. According to admissions and court documents, between December 2011 and December 2016, Airbus filed numerous applications for the export of defense articles and defense services to foreign armed forces. As part of its applications, Airbus was required under Part 130 of the ITAR to provide certain information related to political contributions, fees or commissions paid in connection with the sale of defense articles or defense services. The admissions and court documents reveal, however, that the Company engaged in a criminal conspiracy to knowingly and willfully violate the AECA and ITAR, by failing to provide DDTC with accurate information related to commissions paid by Airbus to third-party brokers who were hired to solicit, promote or otherwise secure the sale of defense articles and defense services to foreign armed forces.
As part of the deferred prosecution agreement with the department, Airbus has agreed to continue to cooperate with the department in any ongoing investigations and prosecutions relating to the conduct, including of individuals, and to enhance its compliance program.
For the FCPA-related conduct, the department reached this resolution with Airbus based on a number of factors, including the Company’s cooperation and remediation. In addition, for the FCPA-related conduct, the U.S. resolution recognizes the strength of France’s and the United Kingdom’s interests over the Company’s corruption-related conduct, as well as the compelling equities of France and the United Kingdom to vindicate their respective interests as those countries deem appropriate, and the department has taken into account these countries’ determination of the appropriate resolution into all aspects of the U.S. resolution.
With respect to the AECA and ITAR-related conduct, the department reached this resolution with Airbus based on the voluntary and timely nature of its disclosure to the department as well as the Company’s cooperation and remediation.
HSI’s New York Field Office Counter Proliferation Investigations Group is investigating the case. Deputy Chief Christopher Cestaro, Assistant Chief Vanessa Sisti and Trial Attorney Elina A. Rubin Smith of the Criminal Division’s Fraud Section, Deputy Chief Elizabeth L. D. Cannon and Trial Attorney David Lim of the National Security Division’s Counterintelligence and Export Control Section, and Assistant U.S. Attorneys Michelle Zamarin, Gregg Maisel, David Kent and Karen Seifert of the District of Columbia are prosecuting the case. The Criminal Division’s Office of International Affairs provided assistance.
The Department of Justice acknowledges and expresses its appreciation of the significant assistance provided by France’s Parquet National Financier and the UK’s Serious Fraud Office.
The Fraud Section is responsible for all investigations and prosecutions of the Foreign Corrupt Practices Act, and conducts other investigations into sophisticated economic crimes. The Counterintelligence and Export Control Section supervises the investigation and prosecution of cases involving the export of military and strategic commodities and technology, including cases under the AECA and ITAR.
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.
Airbus Agrees to Pay over $3.9 Billion in Global Penalties to Resolve Foreign Bribery and ITAR CaseRead the Press Release
WASHINGTON - Airbus SE (Airbus or the Company), a global provider of civilian and military aircraft based in France, has agreed to pay combined penalties of more than $3.9 billion to resolve foreign bribery charges with authorities in the United States, France and the United Kingdom arising out of the Company’s scheme to use third-party business partners to bribe government officials, as well as non-governmental airline executives, around the world and to resolve the Company’s violation of the Arms Export Control Act (“AECA”) and its implementing regulations, the International Traffic in Arms Regulations (“ITAR”), in the United States. This is the largest global foreign bribery resolution to date.
Airbus entered into a deferred prosecution agreement with the department in connection with a criminal information filed on Jan. 28, 2020 in the District of Columbia charging the Company with conspiracy to violate the anti-bribery provision of the Foreign Corrupt Practices Act (“FCPA”) and conspiracy to violate the AECA and its implementing regulations, the ITAR. The FCPA charge arose out of Airbus’s scheme to offer and pay bribes to foreign officials, including Chinese officials, in order to obtain and retain business, including contracts to sell aircraft. The AECA charge stems from Airbus’s willful failure to disclose political contributions, commissions or fees to the U.S. government, as required under the ITAR, in connection with the sale or export of defense articles and defense services to the Armed Forces of a foreign country or international organization. The case is assigned to U.S. District Judge Thomas F. Hogan of the District of Columbia.
“Airbus engaged in a multi-year and massive scheme to corruptly enhance its business interests by paying bribes in China and other countries and concealing those bribes,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “This coordinated resolution was possible thanks to the dedicated efforts of our foreign partners at the Serious Fraud Office in the United Kingdom and the PNF in France. The Department will continue to work aggressively with our partners across the globe to root out corruption, particularly corruption that harms American interests.”
“International corruption involving sensitive U.S. defense technology presents a particularly dangerous combination. Today’s announcement demonstrates the department’s continuing commitment to ensuring that those who violate our export control laws are held to account,” said Principal Deputy Assistant Attorney General David P. Burns of the Justice Department’s National Security Division. “The resolution, however, also reflects the significant benefits available under NSD’s revised voluntary self-disclosure policy for companies that choose to self-report export violations, cooperate, and remediate as to those violations, even where there are aggravating circumstances. We hope other companies will make the same decision as Airbus to report potential criminal export violations timely and directly to NSD so that they too can avail themselves of the policy’s benefits.”
“Today, Airbus has admitted to a years-long campaign of corruption around the world,” said U.S. Attorney Jessie K. Liu of the District of Columbia. “Through bribes, Airbus allowed rampant corruption to invade the U.S. system. Additionally, Airbus falsely reported information about their conduct to the U.S. government for more than five years in order to gain valuable licenses to export U.S. military technology. This case exemplifies the ability of our prosecutors and law enforcement to work with our foreign counterparts to ensure that corruption around the world is prevented and punished at the highest levels.”
“Airbus SE, the second largest Aerospace company world-wide, engaged in a systematic and deliberate conspiracy, that knowingly and willfully violated U.S. fraud and export laws,” said Special Agent in Charge Peter C. Fitzhugh of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) New York. “Airbus’s fraud and bribery in commercial aircraft transactions strengthened corrupt airlines and bad actors worldwide, at the expense of straightforward enterprises. Additionally, the bribery of government officials, specifically those involved in the procurement of U.S. military technology, posed a national security threat to both the U.S. and its allies. The global threats facing the U.S. have never been greater than they are today, and HSI New York is committed to working with our federal and international partners to assure sensitive U.S. technologies are not unlawfully and fraudulently acquired. As this investigation reflects, national security continues to be a top priority not just for Department of Homeland Security, but for HSI New York.”
The Company’s payment to the United States will be $527 million for the FCPA and ITAR violations, and an additional €50 million (approximately $55 million) as part of a civil forfeiture agreement for the ITAR-related conduct, and the department will credit a portion of the amount the Company pays to the Parquet National Financier (PNF) in France under the Company’s agreement with the PNF. In addition, the Company has agreed to pay a $10 million penalty to the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), of which the department is crediting $5 million. In related proceedings, the Company settled with the PNF in France over bribes paid to government officials and non-governmental airline executives in China and multiple other countries and the Company has agreed to pay more than 2 billion Euros (more than approximately $2.29 billion) pursuant to the PNF agreement. As part of this coordinated global resolution, the Company also entered into a deferred prosecution agreement with the United Kingdom’s Serious Fraud Office (SFO) over bribes paid in Malaysia, Sri Lanka, Taiwan, Indonesia and Ghana, and the Company has agreed to pay approximately 990 million Euros equivalent (approximately $1.09 billion) pursuant to the SFO agreement. The PNF and SFO had investigated the Company as part of a Joint Investigative Team.
According to admissions and court documents, beginning in at least 2008 and continuing until at least 2015, Airbus engaged in and facilitated a scheme to offer and pay bribes to decision makers and other influencers, including to foreign officials, in order to obtain improper business advantages and to win business from both privately owned enterprises and entities that were state-owned and state-controlled. In furtherance of the corrupt bribery scheme, Airbus employees and agents, among other things, sent emails while located in the United States and participated in and provided luxury travel to foreign officials within the United States.
The admissions and court documents establish that in order to conceal and to facilitate the bribery scheme, Airbus engaged certain business partners, in part, to assist in the bribery scheme. Between approximately 2013 and 2015, Airbus engaged a business partner in China and knowingly and willfully conspired to make payments to the business partner that were intended to be used as bribes to government officials in China in connection with the approval of certain agreements in China associated with the purchase and sale of Airbus aircraft to state-owned and state-controlled airlines in China. In order to conceal the payments and to conceal its engagement of the business partner in China, Airbus did not pay the business partner directly but instead made payments to a bank account in Hong Kong in the name of a company controlled by another business partner.
Pursuant to the AECA and ITAR, the DDTC regulates the export and import of U.S. defense articles and defense services, and prohibits its export overseas without the requisite licensing and approval of the DDTC. According to admissions and court documents, between December 2011 and December 2016, Airbus filed numerous applications for the export of defense articles and defense services to foreign armed forces. As part of its applications, Airbus was required under Part 130 of the ITAR to provide certain information related to political contributions, fees or commissions paid in connection with the sale of defense articles or defense services. The admissions and court documents reveal, however, that the Company engaged in a criminal conspiracy to knowingly and willfully violate the AECA and ITAR, by failing to provide DDTC with accurate information related to commissions paid by Airbus to third-party brokers who were hired to solicit, promote or otherwise secure the sale of defense articles and defense services to foreign armed forces.
As part of the deferred prosecution agreement with the department, Airbus has agreed to continue to cooperate with the department in any ongoing investigations and prosecutions relating to the conduct, including of individuals, and to enhance its compliance program.
For the FCPA-related conduct, the department reached this resolution with Airbus based on a number of factors, including the Company’s cooperation and remediation. In addition, for the FCPA-related conduct, the U.S. resolution recognizes the strength of France’s and the United Kingdom’s interests over the Company’s corruption-related conduct, as well as the compelling equities of France and the United Kingdom to vindicate their respective interests as those countries deem appropriate, and the department has taken into account these countries’ determination of the appropriate resolution into all aspects of the U.S. resolution.
With respect to the AECA and ITAR-related conduct, the department reached this resolution with Airbus based on the voluntary and timely nature of its disclosure to the department as well as the Company’s cooperation and remediation.
HSI’s New York Field Office Counter Proliferation Investigations Group is investigating the case. Deputy Chief Christopher Cestaro, Assistant Chief Vanessa Sisti and Trial Attorney Elina A. Rubin Smith of the Criminal Division’s Fraud Section, Deputy Chief Elizabeth L. D. Cannon and Trial Attorney David Lim of the National Security Division’s Counterintelligence and Export Control Section, and Assistant U.S. Attorneys Michelle Zamarin, Gregg Maisel, David Kent, Karen Seifert and Zia Faruqui of the District of Columbia are prosecuting the case. The Criminal Division’s Office of International Affairs provided assistance.
The Department of Justice acknowledges and expresses its appreciation of the significant assistance provided by France’s Parquet National Financier and the UK’s Serious Fraud Office.
The Fraud Section is responsible for all investigations and prosecutions of the Foreign Corrupt Practices Act, and conducts other investigations into sophisticated economic crimes. The Counterintelligence and Export Control Section supervises the investigation and prosecution of cases involving the export of military and strategic commodities and technology, including cases under the AECA and ITAR.
Air Force Colonel Sentenced to Prison for Child PornographyRead the Press Release
ALEXANDRIA, Va. – An active duty Air Force colonel was sentenced today to five years in prison for receiving images of child sexual abuse.
According to court documents and admissions made in connection to his plea agreement, Colonel Mark Visconi, 48, of Fairfax, received and attempted to receive child pornography through the Internet. Visconi used an online bulletin board dedicated to the sharing of child pornography that operated on the anonymous Tor network to download child pornography. A forensic review of his laptop showed that Visconi downloaded and viewed numerous child pornographic images and videos.
Visconi also used his cell phone to create hundreds of pictures focused on the clothed buttocks of minor girls. In a smaller subset of these pictures, Visconi appeared to take “upskirting” images of some of the girls. It does not appear that any of the girls were aware that pictures were being taken.
In addition to his prison sentence, Visconi was sentenced to 15 years of supervised release, ordered to pay restitution to the identified victim, and ordered to complete 50 hours of community service by speaking or writing about his experience and conviction.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the 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.justice.gov/psc.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division; and Raymond Villanueva, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., made the announcement after sentencing by Senior U.S. District Judge T.S. Ellis III. Assistant U.S. Attorney Whitney Russell and Special Assistant U.S. Attorney Gwendelynn E. Bills prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-258.
Air Force Colonel Sentenced for Receiving Child PornographyRead the Press Release
An Air Force colonel was sentenced today to five years in prison followed by 15 years of supervised release for receiving child pornography.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia made the announcement.
According to admissions made in connection with his plea agreement, between November 2015 and June 2016, Mark Visconi, 48, received and attempted to receive child pornography using the Internet. Visconi used an online bulletin board dedicated to the sharing of child pornography that operated on the anonymous Tor network to download child pornography. A forensic review of his laptop showed that Visconi downloaded and viewed numerous child pornography images and videos. Visconi previously pleaded guilty on Oct. 4, 2019.
Visconi also admitted to using his cell phone to create hundreds of apparently surreptitious pictures that were focused on the clothed buttocks of minor girls, including images that appear to have been taken with a camera angled upward underneath a minor’s skirt or loose shorts so as to depict or attempt to depict the minor’s underwear.
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. Trial Attorney Gwendelynn Bills of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Whitney Russell of the Eastern District of Virginia are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and 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.justice.gov/psc.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
35 Years Imprisonment for Nine Defendants Guilty in Methamphetamine, Cocaine Distribution Ring in Calcasieu and Beauregard ParishesRead the Press Release
LAKE CHARLES, La. – Nine defendants charged with various federal drug offenses linked to a large methamphetamine and cocaine distribution ring based in Calcasieu and Beauregard parishes have been sentenced to federal prison for their crimes, announced David C. Joseph, the U.S. Attorney for the Western District of Louisiana. U.S. District Judge Donald E. Walter handed down sentences for nine defendants, with the final sentencings occurring on Monday, January 27, 2020, at the federal courthouse in Lake Charles.
On January 27, 2020:
Antonio Montero, 57, a Cuban national, of Lake Charles, was sentenced to 10 years in prison after pleading guilty on September 24, 2019, to one count of conspiracy to distribute and possess with intent to distribute methamphetamine;
Felix Perez, 56, a citizen of Cuba, was sentenced to five years in prison after pleading guilty on September 25, 2019, to one count of possession with intent to distribute controlled substances (cocaine); and
Lionel Peschier, 49, of Sulphur, Louisiana, was sentenced to three years in prison after pleading guilty on September 24, 2019, to one count of attempted distribution of controlled substances (methamphetamine).
On December 16, 2019:
Julio Elizagarate, 68, a Cuban national, of Lake Charles, was sentenced to six years in prison after pleading guilty on September 5, 2019, to one count of conspiracy to distribute and possess with intent to distribute methamphetamine;
Michael Miers, 57, of DeRidder, Louisiana, was sentenced to 40 months in prison after pleading guilty on February 13, 2019, to one count of conspiracy to distribute and possess with intent to distribute cocaine;
Zetherneal Elizagarate, 57, of Lake Charles, was sentenced to five years of probation after pleading guilty on April 3, 2019, to one count of conspiracy to distribute and possess with intent to distribute methamphetamine;
Juan Gonzalez, 67, a Cuban national, of Leesville, Louisiana, was sentenced to 71 months in prison after pleading guilty on July 3, 2019, to one count of conspiracy to distribute and possess with intent to distribute cocaine;
Gary S. Byrd, 48, was sentenced to five years of probation after pleading guilty on August 15, 2019, to one count of distribution of controlled substances (methamphetamine); and
Angie Perez, 49, was sentenced to two years in prison after pleading guilty on September 13, 2019, to one count of distribution of controlled substances (methamphetamine).
From June 2017 through May 2018, law enforcement agents used controlled purchases and court-authorized wire taps to investigate Antonio Montero and three other Cuban nationals who were dealing large amounts of methamphetamine and cocaine in southwest Louisiana. Law enforcement officers learned of multiple stash houses and identified Antonio Montero and Juan Gonzalez as suppliers of methamphetamine and Michael Miers as a supplier of multiple kilos of cocaine. Five search warrants were executed and agents seized multiple kilograms of cocaine and methamphetamine.
When Miers was arrested at his residence on July 31, 2018, agents found $40,300 in cash proceeds from narcotics transactions, 5,343 grams of cocaine and 3,338 grams of methamphetamine. Miers admitted that he obtained the 3,338 grams of methamphetamine from Julio Elizagarate and Antonio Montero in trade for the same amount of cocaine.
Homeland Security Investigations, DEA, Louisiana State Police, Calcasieu Parish District Attorney’s Office, Calcasieu Parish Sheriff’s Office, Combined Anti-Drug Task Force, Beauregard Sheriff’s Office, Lake Charles Police Department, Iowa Police Department, and DeRidder Police Department participated in the investigation. Assistant U.S. Attorney Robert C. Abendroth is prosecuted the case.
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26-year-old sentenced to 10 years in prison for molesting 6-year-old child while residing on JBLMRead the Press Release
Tacoma, WA – A 26-year-old man was sentenced today in U.S. District Court in Tacoma to ten years in prison and lifetime supervised release for abusive sexual contact of a child, announced U.S. Attorney Brian T. Moran. CHARLES EVAN CRAWFORD was 22-years-old when he sexually molested a 6-year-old child who had been left in his care, while other adults ran errands on the base. At the sentencing hearing, U.S. District Judge Ronald B. Leighton said, “It is imperative that we in the criminal justice system offer protection and stability against future harm. I think Mr. Crawford is a threat.”
According to the stipulated facts admitted at the bench trial, the 6-year-0ld victim and other children were at the duplex on Joint Base Lewis McChord (JBLM) on June 16, 2016, when CRAWFORD’s mother left him in charge while she ran to the grocery store and picked up his step-father from his duty station.
During the period of time CRAWFORD was responsible for supervising the children, he took one 6-year-old child into the bathroom and molested the child. The victim and other children reported the assault to other adults within hours of the sexual contact. The child was forensically interviewed at Mary Bridge Children’s Hospital. The FBI and the Army Criminal Investigative Division (CID) conducted a joint investigation including the retrieval of DNA evidence. Because the assault occurred on an area of exclusive federal jurisdiction, the case was prosecuted in federal court.
CRAWFORD was arrested on June 17, 2016, and formally charged in federal court on June 20, 2016. CRAWFORD was convicted at a bench trial on July 8, 2019. Following his prison term, CRAWFORD will be required to register as a sex offender.
The case was investigated by FBI and Army CID. The case is being prosecuted by Assistant United States Attorneys Grady Leupold and Marie Dalton.
Thursday 30 January 2020
Youngest Member of Murderous Family Conspiracy SentencedRead the Press Release
RICHMOND, Va. – A Richmond man was sentenced today to 52 years in prison for his role in multiple carjackings, including one that resulted in a death.
According to court documents, Philip Friend, 36, was the youngest member of an entire family (a mother and her three sons; plus a cousin and some associates), who created a plan to steal a semi-trailer truck from an interstate trucker. They planned to travel to McAllen, Texas, where they would pick up a load of marijuana to distribute on the East Coast. In March 1999, the group attempted to hijack the truck of their first victim, Soren Cornforth, who they found sleeping in his truck as he waited to deliver potatoes from Idaho to a produce company in Richmond. When Cornforth strongly resisted, the Friends shot and killed him without taking his truck. About six weeks later, the Friends hijacked another independent trucker, John Cummings, stealing his rig. Philip Friend beat Cummings so viciously that he was maimed and lost his ability to work as a trucker. Two weeks later, in April 1999, the Friend clan carjacked their third victim, an independent trucker named Sam Lam, murdering him and taking his rig to Texas in search of marijuana.
Friend, who was just shy of 16 years old during this killing spree, originally pleaded guilty in 2000. Federal sentencing guidelines called for a mandatory life sentence, which he received. Years later, Friend’s case was sent back to the district court for resentencing after the Supreme Court held that a mandatory life sentence for a juvenile offender was unconstitutional.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and David W. Archey, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by Senior U.S. District Judge Henry E. Hudson. Assistant U.S. Attorney Brian R. Hood prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:99-cr-201.
Woman from Albuquerque sentenced to 39 months in federal prison for conspiracy, bank fraud, identity theft, and possession of stolen mailRead the Press Release
ALBUQUERQUE, N.M – Christina Torrez, 45, of Albuquerque, New Mexico, was sentenced today in federal court in Albuquerque to 39 months in prison for conspiracy, bank fraud, aggravated identity theft, and possession of stolen mail.
Torrez previously pleaded guilty to these offenses on July 19, 2019. According to Torrez’s plea agreement, she participated in a scheme with her husband and co-defendant, Jose Torrez, to steal mail containing credit cards, debit cards, checks, and personal information that could be used to commit more theft. Torrez and her husband accessed bank accounts using stolen identities and withdrew money from the accounts. Torrez and her husband also used stolen credit and debit cards to buy merchandise from various stores totaling more than $10,000. They also cashed checks from multiple banks and credit unions using false identification. During the scheme, Torrez and her husband also obtained United States Postal Service uniforms, badges, and keys to assist them in stealing mail.
Jose Torrez is currently in custody awaiting sentencing.
The United States Postal Inspection Service investigated this case with assistance from the Albuquerque Police Department, the Sandia Tribal Police, and the Laguna Pueblo Police Department. Assistant U.S Attorneys Kimberly A. Brawley and Nicholas J. Ganjei are prosecuting the case.
Whitman Man Pleads Guilty to Child Pornography OffensesRead the Press Release
BOSTON – A Whitman man pleaded guilty yesterday in federal court in Boston to child pornography offenses.
Matthew Kulikowski, 38, pleaded guilty to one count of receipt of child pornography and one count of possession of child pornography. U.S. District Court Judge Richard G. Stearns scheduled sentencing for May 29, 2020. Kulikowski was arrested and charged in September 2018, and has been in custody since that time.
Law enforcement learned that an internet user at Kulikowski’s Whitman home distributed child pornography using the Kik messenger application. A search of the home resulted in the seizure of a tablet located in Kulikowski’s bedroom that contained at least 300 images and videos depicting child pornography, including the sexual assault of girls who appeared to be between four-and-eight-years-old.
At the time of his arrest, Kulikowski was on pretrial release from Plymouth County Superior Court, where he had a case pending for multiple child exploitation offenses, including possession of child pornography, disseminating obscene material to a minor, indecent assault and battery on a child under 14 and enticement of a child under 16. He has since been convicted of those offenses.
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 20 years in prison. Both charges provide for a minimum of five years and up to a lifetime of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement. Assistance was provided by the Massachusetts State Police, Whitman Police Department and the Plymouth County District Attorney’s Office. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
The case is 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/.
Walthill Man Convicted of StrangulationRead the Press Release
United States Attorney Joe Kelly announced that Bernard Jackson, 44, was found guilty on January 29, 2020, following a two-day jury trial in federal court for Strangulation and Domestic Assault by a Habitual Offender. Senior United States Judge Laurie Smith Camp scheduled Jackson’s sentencing for April 27, 2020, at 9:00 a.m. Jackson faces up to ten years in prison on the Strangulation count.
In October 2019, tribal officers with the Omaha Nation Law Enforcement Services responded to a residence in Walthill, Nebraska, on a report of a domestic assault. The victim reported that Jackson had dragged her across the floor by her arm, lifted her by her neck, and punched her multiple times in the head and face. Jackson has at least four prior convictions for domestic assaults against the same victim.
This case was investigated by the Omaha Nation Law Enforcement Services and the Federal Bureau of Investigation.
Upshur County woman sentenced for her role in a methamphetamine distribution operationRead the Press Release
WHEELING, WEST VIRGINIA – Melissa Ann Masuga, of Buckhannon, West Virginia, was sentenced today to 12 days incarceration for her participation in a meth distribution operation, United States Attorney William J. Powell announced.
Masuga, age 34, pled guilty to one count of “Distribution of Methamphetamine” in October 2018. Masuga admitted to conspiring with others to distribute methamphetamine in Upshur County and elsewhere from March 2016 to September 2017.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco and Explosives; the Drug Enforcement Administration; The Mountain Region Drug & Violent Crimes Task Force, composed of the Randolph County Sheriff’s Office, Elkins Police Department, U.S. Forest Service, and Tucker County Sheriff’s Office; the Greater Harrison Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the West Virginia State Police; the Upshur County Sheriff’s Office; the Lewis County Sheriff’s Office; the Buckhannon Police Department; and the Weston Police Department investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. District Judge John Preston Bailey presided.
Union County Man Charged with Offering Bribes to A Postal Service Employee and Receiving Stolen MailRead the Press Release
NEWARK, N.J. – A Union County man was arrested today for bribing a U.S. Postal Service (USPS) employee to steal check books, credit cards, and electronics from the mail, U.S. Attorney Craig Carpenito announced.
Jabre Beauvoir, 21, of Elizabeth, New Jersey, is charged by complaint with one count of bribery and one count of receiving stolen mail. He is scheduled to appear this afternoon before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court.
According to documents filed in this case and statements made in court:
Between May 2019 and September 2019, Beauvoir offered bribes to USPS employees to steal envelopes and packages containing check books, credit cards, and electronics, such as Apple iPhones. Text messages showed Beauvoir instructing a USPS employees to look for certain types of mailings containing material to be stolen.
The bribery charge is punishable by a maximum potential penalty of 15 years in prison. The receipt of stolen mail charge is punishable by a maximum potential penalty of five years in prison. Both charges are additionally punishable by a maximum $250,000 fine.
U.S. Attorney Carpenito credited postal inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge James Buthorn, and special agents with the USPS-Office of Inspector General, under the direction of Special Agent in Charge Matthew Modafferi, Northeast Area Field Office, with the investigation leading to today’s arrest. He also thanked the U.S. Secret Service, New Jersey State Police, the Elizabeth Police Department, and the Secaucus Police Department for their assistance.
The government is represented by Assistant U.S. Attorney Elaine K. Lou of the Special Prosecutions Division in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
U.S. Attorney’s Office Honors 32 Individuals in Awards Ceremony for Outstanding Efforts in Fighting CrimeRead the Press Release
Harrisburg – The United States Attorney’s Office for the Middle District of Pennsylvania announced that U.S. Attorney David J. Freed presented awards on Thursday, January 30, 2020, to 32 individuals, including law enforcement officers, agency counsel and private citizens for their outstanding efforts in fighting crime.
“We are pleased and proud to have the opportunity to recognize the contributions of our local, state and federal partners from throughout the Middle District,” said U.S. Attorney Freed. “Too often, the hard work of unsung heroes goes unrecognized. Today’s ceremony emphasizes the industry and dedication that fuels our efforts to reduce crime and enhance public safety.”
The award recipients are being honored for their distinguished service, lifetime service and outstanding contributions to cooperative law enforcement. Those honored at Thursday’s ceremony included:
Two law enforcement members received the Lifetime Service Award which recognized their many years of exemplary service to their agency:
- York County Drug Task Force Detective Sergeant Craig Fenstermacher; and
- Retired Special Agent Chris Kegerreis with the IRS, Criminal Investigation Division.
Four law enforcement members received an Award For Outstanding Contributions to Cooperative Law Enforcement for significantly increasing cooperation among law enforcement agencies:
- York County District Attorney David W. Sunday;
- ATF Special Agent Jarrod Chittum;
- One PA State Police Task Force Officer working with FBI’s Safe Street Task Force in Harrisburg; and
- PA State Police Task Force Officer Shawn Wolfe working with FBI’s Safe Street Task Force in Harrisburg.
Associate Regional Counsel for Criminal Enforcement, Environmental Protection Agency, Martin Harrell received an Award For Outstanding Contributions As a Special Assistant United States Attorney for his contributions as the primary contact for all Middle District environmental criminal cases prosecuted by this office for over thirty years and for serving as a Special Assistant United States Attorney on many of those matters.
C.A.R.E. Court volunteer Albert R. Murray, Esquire received an award for Community Service for his six years of dedicated volunteer service to the Middle District Court Assisted Re-entry (C.A.R.E.) program.
The following individuals received an Award For Distinguished Service for their exceptional work of the “Southside” investigation that led to the successful prosecution of approximately 30 members of the Southside gang, a violent criminal enterprise that operated in York County.
- Retired Special Agent Scott Endy, ATF;
- Special Agent Ryan Anderson, ATF;
- Detective Scott Nadzom, York City P.D.;
- Detective Paul DeHart, York City P.D.;
- Detective Andrew Shaffer, York City P.D;
- Retired Detective Barton Seelig, York City P.D.;
- Detective Zachary Pelton, York City P.D.;
- Detective Timothy Shermeyer, York City P.D.;
- Detective Travis Sowers, York City P.D.;
- Detective Andy Baez, York City P.D.;
- Detective Kyle Hower, York City P.D.;
- Lt. William Wentz, York City P.D. and
- Police Officer Stephen Aderhold, York City P.D.
Five law enforcement members received an Award for their Distinguished Service for their tireless efforts of the Dr. Fui Li prosecution of a corrupt physician who operated a massive “pill mill” under the guise of a pain management clinic:
- DEA Diversion Investigator James Hischar;
- DEA Diversion Investigator Louis Callavini;
- DEA Diversion Investigator Denise Williamson;
- DEA Diversion Investigator William E. Davis; and
- IRS Special Agent Carmine Pellegrino.
The following law enforcement members received an Award for Distinguished Service for their outstanding efforts of the “cross-border fraud” investigation that led to criminal charges being filed against 54 Canadian individuals and 23 domestic defendants since 2007 for various international mass-marketing consumer fraud schemes victimizing senior citizens nationwide of millions of dollars:
- United States Postal Inspection Service Investigative Support Analyst Nicholas M. Alicea;
- United States Postal Inspection Service Investigative Support Analyst Michael C. Hartman;
- United States Postal Inspection Service Investigative Support Analyst David L. Bobersky;
- United States Postal Inspection Service Inspector James F. Wilson; and
- United States Postal Inspection Service General Analyst Sharon R. Miller.
United States Postal Inspector Michael J. Corricelli received an Award for Distinguished Service for his many years of exceptional service to the Middle District in serious child exploitation and drug trafficking investigations.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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U.S. Attorney and Oregon Attorney General Issue Joint Guidance on the Enforcement of Tribal Protection OrdersRead the Press Release
PORTLAND— U.S. Attorney Billy J. Williams and Oregon Attorney General Ellen F. Rosenblum issued joint official guidance today on the enforcement of tribal protection orders.
Tribal protection orders, referred to as foreign restraining orders under state law, are civil orders of protection issued by tribal courts to prevent future domestic violence. State and federal law under the Violence Against Women Act (VAWA) require full faith and credit for these orders, meaning all states must uphold protective orders from any other state and from any tribal nation.
“Protecting public safety and the fair administration of justice requires steadfast partnership among local, state, tribal, and federal law enforcement agencies. When we fail to uphold tribal restraining orders, we leave Native women vulnerable to human trafficking and violence, contributing to the Missing and Murdered Indigenous Women and Persons epidemic,” said U.S. Attorney Williams. “When we grant full faith and credit for tribal restraining orders, we are working collaboratively across jurisdictions to ensure all Oregonians enjoy the same court-ordered protections regardless of who they are, or where they live or travel in the state.”
“We have heard from all levels of law enforcement that there may be confusion nationally and statewide about how to enforce tribal protection orders,” said Attorney General Rosenblum. “We hope that this guidance will help us work together to better protect all victims of domestic violence—especially tribal women who deserve the same protections as other Oregon women. We want to ensure that all law enforcement understands and recognizes what a tribal protection order is and will enforce it.”
The Oregon Department of Justice and U.S. Attorney’s Office will be traveling around the state in March to train law enforcement, prosecutors, advocates, and community members about full faith and credit as part of ODOJ’s RISE program.
A PDF version of today’s memorandum is available on the U.S. Attorney’s Office website at https://www.justice.gov/usao-or/indian-country.
According to findings from the 2010 National Intimate Partner and Sexual Violence Survey published by the National Institute of Justice, 55.5% of Native women have experienced physical violence by an intimate partner in their lifetime, including 8.6% who have experienced domestic violence in the past year. Native women are 1.6 times as likely, compared to Caucasian women, to have experienced domestic violence in the past year.
If you have questions or concerns about the enforcement of tribal protection orders in Oregon or if you are interested in additional training on this topic, please contact Sarah Sabri with the Oregon Department of Justice at [email protected] or Tim Simmons with the U.S. Attorney’s Office for the District of Oregon at [email protected].
U.S. Attorney Announces Tax Charges Against Poughkeepsie Business OwnerRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Jonathan D. Larsen, Special Agent in Charge of the New York Office of the Internal Revenue Service, Criminal Investigation Division (“IRS-CI”), announced federal tax charges against WILLIAM R. GROGG for knowingly and willfully failing to pay over payroll taxes for his company and for corruptly endeavoring to obstruct and impede the due administration of the internal revenue laws. GROGG was presented in White Plains federal court yesterday before U.S. Magistrate Judge Judith C. McCarthy.
U.S. Attorney Geoffrey S. Berman said: “As alleged, William R. Grogg failed to pay over payroll taxes for his company for years, and then lied to the IRS about it. This cost the government hundreds of thousands of dollars in tax revenue. Grogg now faces 18 counts of criminal tax charges, and the possibility of time behind bars.”
IRS-CI Special Agent in Charge Jonathan D. Larsen said: “As the indictment against Mr. Grogg demonstrates, using employment taxes for personal and business expenses is illegal, and therefore subject to criminal enforcement. Employment tax enforcement is among the IRS’s highest priorities and our Special Agents will continue to vigorously investigate these criminal allegations.”
According to the allegations in the Indictment[1]:
Since at least the late 1980s, GROGG has worked in the printing and publishing industry in and around Poughkeepsie, New York. Over his more than three decades in the industry, GROGG has owned, managed, and/or otherwise had significant control over the financial affairs of a number of printing and publishing companies, including: Hamilton Reproductions, Inc. (“Hamilton Reproductions”), Hamco, which was later called Netpub Corporation (together, “Hamco/Netpub”), Netpublications Inc. (“Netpublications”), and MCA-Netpub (“MCA”). In or around 1994, the IRS assessed a civil penalty of approximately $368,639.93 against GROGG, as a responsible person, for willfully failing to collect, account for, and pay over to the IRS payroll taxes owed by Hamilton Reproductions.
From at least the fourth quarter of 2013 through the fourth quarter of 2017, GROGG was the sole owner, president, and/or controlling officer of Netpublications and MCA, which, at any given time, had approximately 20 to 50 paid employees. As the owner and operator of Netpublications and MCA, GROGG was a responsible person under federal law for collecting, truthfully accounting for, and paying over payroll taxes to the IRS.
GROGG caused Netpublications and, later, MCA to employ a third-party payroll service (the “Payroll Service”), which, among other things, prepared Netpublications’ and MCA’s quarterly payroll tax returns. Those returns were provided to GROGG. Although Netpublications and MCA withheld payroll taxes from employees’ paychecks as directed by the Payroll Service, GROGG failed to pay over the withheld payroll taxes, as well as Netpublications’ and MCA’s matching Social Security and Medicare contributions, to the IRS. Instead, GROGG spent the withheld payroll taxes, which GROGG was required to hold in trust for the United States Government, on personal and business expenses.
In addition, when GROGG was contacted by the IRS in connection with his payroll tax compliance, he made a series of materially false statements to the IRS in writing and during interviews with IRS-CI. These statements included that Netpublications and MCA were originally owned by a deceased Canadian businessman, and that a deceased associate of the Canadian businessman kept certain of Netpublications’ records in a garage until they were destroyed in a flood. These and other false statements that GROGG made were intended to obstruct and impede the IRS.
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GROGG, 69, of Millbrook, New York, is charged with 17 counts of knowingly and willfully failing to pay over Netpublications’ and MCA’s payroll taxes, each of which carries a maximum sentence of five years in prison, and one count of corruptly endeavoring to obstruct and impede the due administration of the internal revenue laws, which carries a maximum sentence of three years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Berman praised the outstanding investigative work of special agents from IRS-CI. The prosecution of this case is being handled by the Office’s White Plains Division. Assistant United States Attorney Benjamin A. Gianforti is in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Two Sentenced in North Texas Multi-Million Dollar Investment Fraud SchemeRead the Press Release
SHERMAN, Texas –Two Texas men have been sentenced to federal prison for an investment fraud scheme in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown and FBI Special Agent in Charge Matthew J. DeSarno today.
Thurman Bryant, III, 46, of Frisco, Texas and Arthur Franz Wammel, 46, of Houston, were convicted by a jury on Apr. 3, 2019, of conspiracy to commit wire fraud and were sentenced to federal prison on Jan. 29, 2020 by U.S. District Judge Amos Mazzant. Bryant was sentenced to 240 months in federal prison and ordered to pay restitution in the amount of $9,103,088.12. Wammel was sentenced to 136 months in federal prison and was also ordered to pay restitution in the amount of $9,103,088.12.
According to information presented in court, the defendants devised and executed an investment fraud scheme that claimed to earn investors a guaranteed minimum 30% annual return on investment. In addition, Bryant promised an investment that would be placed in a secure escrow account, when in fact the money was funneled to Wammel for securities trading and other purposes. Evidence at trial showed that the defendants separately spent money on personal expenses such as home leases, home improvements, car leases, expensive jewelry, and private school tuition, and that defendant Wammel spent a large amount of money on expenses related to a Rolls-Royce, a Ferrari and a Range Rover. Additional evidence showed that the investors contributed over $22 million to the scheme.
Bryant and Wammel were indicted by a federal grand jury on Dec. 13, 2017.
“The defendants’ Ponzi scheme hurt people badly,” said U.S. Attorney Joseph D. Brown. “Many of the victims were friends and family of these men, and the amount of loss was just tremendous. The length of their sentences reflect that.”
"Today’s sentencing sends a strong message to all white collar criminals. The FBI will thoroughly investigate and expose your fraud,” said FBI Dallas Special Agent in Charge Matthew J. DeSarno. “Victims can rest assured that these individuals will be held accountable for their actions.”
This case was investigated by the Federal Bureau of Investigation’s Dallas Field Office – Frisco Resident Agency and prosecuted by the United States Attorney’s Office for the Eastern District of Texas.
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Two Previously Deported Aliens Charged with Illegal ReentryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that two previously deported aliens were indicted separately on January 29, 2020, by a federal grand jury for illegal reentry into the United States. These matters arose in counties throughout the District including Adams and York Counties.
According to United States Attorney David J. Freed, Jose Garcia-Ceja, age 30, of Mexico, was previously deported from the United States to Mexico in May 2011. He is alleged to have illegally reentered the United States sometime after May 2011, and was found in the United States in Adams County, Pennsylvania after eluding examination or inspection by immigration officers.
Alvaro Hidalgo-Sanchez, age 39, of Mexico, was previously deported from the United States to Mexico in February 2013. He is alleged to have illegally reentered the United States sometime after February 2013, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Garcia-Ceja and Hidalgo-Sanchez face a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.
These cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney Joanne Sanderson is prosecuting the cases.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Tulsa Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
A Tulsa woman was sentenced today in federal court for conspiring to distribute 500 grams or more of methamphetamine, two counts of possession with intent to distribute methamphetamine, and maintaining a drug involved premises, announced U.S. Attorney Trent Shores.
U.S. District Judge Gregory K. Frizzell sentenced Amy Lee Davis, 38, to 210 months in federal prison to be followed by 5 years of supervised release for her role as the primary source of supply in the Tulsa methamphetamine distribution operation.
“Amy Davis was a ‘top-tier’ trafficker who funneled 20 pounds of methamphetamine into Tulsa and the surrounding communities,” said U.S. Attorney Trent Shores. “Meth continues to be the top problem drug for Oklahomans. I’m proud of the agents and prosecutors who shut down a supplier like Davis. The relentless efforts of the DEA, Tulsa Police Department, and Assistant U.S. Attorneys culminated in a just result in the courtroom.”
A jury convicted Davis on Oct. 23, 2019. During the investigation, officers with the Tulsa Police Department’s Special Investigations Division discovered that Davis consistently supplied a group of drug dealers with pound quantities of methamphetamine for distribution and was suspected of routinely traveling to Oklahoma City in order to re-up her supply of the drug. Davis was further found to have maintained a commercial property in Tulsa where she regularly stored and sold the drug.
Davis remains in the custody of the U.S. Marshals Service until transfer to a U.S. Bureau of Prisons facility.
The Tulsa Police Department Special Investigations Division and the Drug Enforcement Administration investigated the case. Assistant U.S. Attorneys Joel-lyn A. McCormick, Thomas E. Duncombe, and Vani Singhal are prosecuting the case for the United States. AUSA McCormick serves as the lead attorney for the United States Attorney’s Office’s Organized Crime Drug Enforcement Task Force unit.
You can find the trial press release here.
Third Defendant Charged Related to Efforts to Interfere, Obstruct Court in Trial of Peoria Gang MembersRead the Press Release
PEORIA, Ill. – Three individuals have been indicted on felony charges related to efforts to impede the court in the recent trial of members of a Peoria street gang, U.S. v. Eugene Haywood et.al.
Arraignment for Demoney T. Coleman, 21, is scheduled on Feb. 13, 2020, after a grand jury charged him with criminal contempt. The indictment alleges Coleman disobeyed and resisted the court’s order to answer questions directed to him as a government witness during testimony at the trial on Nov. 19, 2019.
Coleman is currently in law enforcement custody, serving a six-year prison term for possession of a stolen semi-automatic handgun by a felon. Coleman’s federal sentence, imposed in July 2019, was ordered to be served consecutive to any sentence imposed in a separate case in Peoria county.
A trial defendant’s mother, Anytia T. Crowe, 35, of the 1400 block of Greenlawn, Peoria, entered a plea of guilty on Jan. 23, 2020, to witness tampering. Crowe admitted that she interfered with the prosecution and trial of Haywood et.al., in which her son, Kenwan Crowe, was a named defendant. Crowe admitted that on Oct. 21, 2019, when the final pre-trial hearing was held, she stood in the entryway of the federal courthouse in Peoria, prior to passing the security desk, and harassed and intimidated witnesses who were under federal subpoena as they checked in for the hearing. Crowe admitted that she told witnesses that they did not have to cooperate and should not cooperate with the government.
At sentencing, currently scheduled on May 21, the government and Crowe have agreed to a sentence of five months in jail, to be followed by three years of supervised release. Crowe has been in the custody of the U.S. Marshals Service since her arrest on Oct. 21, 2019.
Ryan Greenwood, 30, of Peoria, was indicted in December 2019, and charged with perjury. The indictment alleges that on Nov. 18, 2019, while under oath as a witness for the government, Greenwood made false statements.
Greenwood remains on bond pending trial scheduled on April 27, 2020. The offense of perjury is punishable by up to five years in prison and a $250,000 fine.
Members of the public are reminded that an indictment is merely an accusation; each defendant is presumed innocent unless proven guilty.
The Bureau of Alcohol, Tobacco, Firearms and Explosives is conducting the investigations. The government is represented in the case prosecutions by Assistant U.S. Attorneys Douglas F. McMeyer, Darilynn J. Knauss, and Katherine G. Legge.
Tampa Woman Sentenced to More Than Three Years in Federal Prison for Tax Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge William F. Jung today sentenced Derraka Reed to three years and six months in federal prison for theft of government funds and access device fraud in connection with filing fraudulent tax returns. The court also ordered Reed to pay $128,740 in restitution to the IRS.
Reed had pleaded guilty on November 30, 2018.
According to court documents, between 2012 and 2014, Reed filed more than 100 fraudulent tax returns with the IRS, using dozens of stolen identities. Altogether, her fraudulent tax returns claimed more than $580,000 in tax refunds. Reed successfully obtained $128,740 in fraudulent tax refunds.
This case was investigated by the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
Tama Man Who Purchased 8 Handguns While A Drug User Sentenced to Federal PrisonRead the Press Release
A man who unlawfully possessed firearms while using drugs was sentenced on January 28, 2020, to 18 months in federal prison.
DeAngelio Noye, age 27, from Tama, Iowa, received the prison term after a September 9, 2019 guilty plea to unlawful possession of a firearm by a prohibited person. Noye admitted to being a marijuana user when in possession of at least 8 firearms.
Noye purchased the firearms between August 2017 and September 2018. Seven of the 8 firearms were 9mm pistols. Information at sentencing indicated that juveniles possessed at least two of the firearms prior to Noye filing a police report indicating that the guns had been stolen. Information at sentencing further showed that, at the time of a search of Noye’s residence, officers found a scale and baggies consistent with the unlawful distribution of drugs.
Noye was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Noye was sentenced to 18 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support its Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.
Noye was released on the bond previously set and is to surrender to the United States Marshal on February 12, 2020.
The case was prosecuted by Assistant United States Attorney Jacob Schunk and investigated by the Marion Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-078-CJW.
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Staten Island Man Sentenced to Nine Years’ Imprisonment for International Arms Trafficking and Money LaunderingRead the Press Release
Earlier today, in federal court in Brooklyn, Albert Veliu was sentenced by United States District Judge Kiyo A. Matsumoto to nine years’ imprisonment for his role in a money laundering scheme that resulted in the defendant’s purchase and sale of an anti-tank rocket launcher and AK-47s rifles in Kosovo. Veliu pleaded guilty in February 2019.
Richard P. Donoghue, United States Attorney for the Eastern District of New York; Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA); Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York Field Office (HSI); Dermot F. Shea, Commissioner, New York City Police Department (NYPD); and Keith M. Corlett, Superintendent, New York State Police (NYSP), announced the sentence.
“The arrest, conviction and today’s sentencing of Veliu mark an important victory for law enforcement in disrupting an international money laundering and arms trafficking network ready, willing and able to provide a pipeline of lethal weaponry to purported drug cartels in Mexico,” stated United States Attorney Donoghue. “Through our partnerships with law enforcement agencies around the world, we will continue to target and dismantle international criminal organizations.” Mr. Donoghue thanked the DEA New York Division, DEA Special Operations Division, DEA Austria Country Office, DEA Croatia Country Office, Internal Revenue Service Criminal Investigation, the New York City Department of Investigation and the Kosovo Police Force for their outstanding cooperation and assistance.
“This sentencing brings to light the multitude of offenses often linked with money laundering including extortion, arms and drug trafficking,” stated DEA Special Agent-in-Charge Donovan. “The casualties of these crimes cross all borders and I applaud the law enforcement agencies involved in the arrest and prosecution of Albert Veliu for their collaboration and partnership.”
“Veliu’s illicit business spanned the globe. By ‘cleaning’ drug money and buying and selling high powered weapons, he was able to create a dangerous and lucrative criminal enterprise,” stated HSI Special Agent-in-Charge Fitzhugh. “HSI’s continued efforts with the DEA and other law enforcement partners allows for the arrest of those who threaten the safety and security of the public both domestically and abroad.”
“This case illustrates the great police work done by the Strike Force, putting another suspect behind bars,” stated NYSP Superintendent Corlett. “The investigation spanned continents, involved rockets, high-powered firearms and a suspect who was prepared to provide deadly, dangerous weapons to criminals. With this sentencing, law enforcement has once again put an end to a violent enterprise, and made our streets safer.”
In October 2017, Veliu and his co-conspirators met with a DEA confidential source (CS), who represented himself to be a narcotics trafficker in need of laundering his illicit drug proceeds through a shell corporation. Veliu agreed to assist the CS in exchange for a commission. Veliu then orchestrated the money laundering scheme by, among other things, exchanging the cash for purportedly “clean” checks made out to the shell corporation. The checks were supported by fraudulent paperwork, including bogus invoices and receipts. Throughout the course of the investigation, the CS gave Veliu approximately $800,000 in purported drug proceeds to be laundered.
Later in the investigation, Veliu informed another DEA confidential source (CS-2) that he had access to firearms in Kosovo and was willing to broker a sale. Veliu and CS-2 agreed that Veliu would purchase and then sell weapons he believed were bound for drug cartels operating in Mexico. After accepting payment for the weapons, Veliu traveled to Kosovo to deliver the firearms to an individual he believed to be a Kosovo-based associate of CS-2. Therafter, on two separate occasions, Veliu and his co-conspirators provided individuals with 14 AK-47s and an M80 Zolja Anti-tank Rocket Launcher equipped with a 64mm rocket. Subsequent search warrants executed by Kosovo police netted additional weapons, ammunition and over 60,000 euros.
The arrest in this case was the result of a long-term investigation by the DEA’s New York Organized Crime Drug Enforcement Strike Force, comprising agents and officers of the DEA, New York City Police Department, Homeland Security Investigations, New York State Police, U.S. Internal Revenue Service Criminal Investigation, U.S. Customs and Border Protection, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Secret Service, U.S. Marshals Service, New York National Guard, Clarkstown Police Department, U.S. Coast Guard, Port Washington Police Department and New York State Department of Corrections and Community Supervision. The Strike Force is partially funded by the New York/New Jersey High Intensity Drug Trafficking Area (HIDTA), which is a federally funded crime fighting initiative.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorney Michael T. Keilty is in charge of the prosecution.
The Defendant:
ALBERT VELIU
Age: 37
Staten Island, New YorkSenior Adviser to the Operator of the “Silk Road” Website Pleads Guilty in Manhattan Federal CourtRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that ROGER THOMAS CLARK, a/k/a “Plural of Mongoose,” a/k/a “Variety Jones,” a/k/a “VJ,” a/k/a “cimon,” pled guilty today to conspiring to distribute massive quantities of narcotics, a charge arising out of his role as the senior adviser to the owner and operator of the “Silk Road” online illicit black market. During its operation from 2011 until 2013, Silk Road was used by thousands of drug dealers and other unlawful vendors to distribute illegal drugs and other illicit goods and services to more than 100,000 buyers, and to launder hundreds of millions of dollars derived from those unlawful transactions. CLARK pled guilty before United States District Judge William H. Pauley III.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Silk Road was a secret online marketplace for illegal drugs, hacking services, and a whole host of other criminal activity. As he admitted today, Roger Thomas Clark was a central figure in helping to lead Silk Road and in advocating violence to protect the site. Clark even went so far as to urge, and facilitate, the attempted killing of a co-conspirator suspected of stealing from Silk Road. Clark’s arrest, extradition from Thailand, and conviction should make it clear that the purported anonymity of the dark web is not a protective shield from prosecution.”
According to the allegations in the Superseding Indictment, court filings, statements made in court, and evidence presented during the 2015 trial of Ross Ulbricht, Silk Road’s founder:
Ulbricht created Silk Road in approximately January 2011, and owned and operated the underground website until it was shut down by law enforcement authorities in October 2013. Silk Road emerged as the most sophisticated and extensive criminal marketplace on the Internet at the time, serving as a sprawling black market bazaar where unlawful goods and services, including illegal drugs of virtually all varieties, were bought and sold regularly by the site’s users. While in operation, Silk Road was used by thousands of drug dealers and other unlawful vendors to distribute hundreds of kilograms of illegal drugs and other unlawful goods and services to well over 100,000 buyers, and to launder hundreds of millions of dollars deriving from these unlawful transactions.
Silk Road enabled its users to buy and sell drugs and other illegal goods and services anonymously and outside the reach of law enforcement. Silk Road was operated on what is known as “The Onion Router,” or “Tor” network, a special network of computers on the Internet, distributed around the world, designed to conceal the true IP addresses of the computers on the network and thereby the identities of the networks’ users. Silk Road also included a Bitcoin-based payment system that served to facilitate the illegal commerce conducted on the site, including by concealing the identities and locations of the users transmitting and receiving funds through the site.
CLARK – who went by the online nicknames “Variety Jones,” “VJ,” “Cimon,” “Plural of Mongoose,” and “CaptainSargeant” – was described by Ulbricht as a “real mentor” who advised Ulbricht about, among other things, security vulnerabilities in the Silk Road site, technical infrastructure, the rules that governed Silk Road users and vendors, and the promotion of sales on Silk Road, including the sales of narcotics. CLARK also provided advice to Ulbricht on developing a “cover story” to make it appear as though Ulbricht had sold Silk Road. CLARK also assisted with hiring programmers to help improve the infrastructure of, and maintain, Silk Road. CLARK also was responsible for gathering information on law enforcement’s efforts to investigate Silk Road. And CLARK advised Ulbricht on how to protect the Silk Road empire. For instance, when a Silk Road staff member was suspected of stealing $350,000 in Bitcoin from the site, CLARK suggested to Ulbricht that Ulbricht commission a murder-for-hire. Ulbricht took that suggestion. (Ultimately, unbeknownst to both men, the attempted murder-for-hire did not result in any harm to the target.)
CLARK was paid at least hundreds of thousands of dollars for his assistance in operating Silk Road.
CLARK, 56, a citizen of Canada, pled guilty to one count of conspiracy to distribute narcotics, which carries a maximum sentence of 20 years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. CLARK is scheduled to be sentenced by Judge Pauley on May 29, 2020, at 11:00 a.m.
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Mr. Berman praised the outstanding joint efforts of the Federal Bureau of Investigation, Homeland Security Investigations (“HSI”) Chicago-O’Hare, the Drug Enforcement Administration’s New York Field Division, the Internal Revenue Service Criminal Investigation’s New York Field Office, and the New York City Police Department. Mr. Berman also thanked the HSI Attaché Bangkok, Thailand, for its assistance and support. Mr. Berman also thanked the Royal Thai Police and the U.S. Department of Justice’s Office of International Affairs for their support and assistance.
This case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorneys Michael D. Neff, Vladislav Vainberg, and Eun Young Choi are in charge of the prosecution.
Reno County to Receive up to $750,000 for Response to Opioid EpidemicRead the Press Release
WASHINGTON– Twenty-one rural American communities that have borne the brunt of the opioid epidemic will receive $14.8 million in funding to develop tailored and innovative responses to gaps in prevention, treatment and/or recovery services for individuals involved in the criminal justice system.
The Rural Responses to the Opioid Epidemic Initiative is co-funded by the Bureau of Justice Assistance (BJA), the Centers for Disease Control and Prevention (CDC) and the State Justice Institute (SJI).
The new initiative will integrate public safety and public health approaches and blend interagency expertise and funding to address the epidemic. It will enable rural areas to implement evidence-based solutions and promising practices in a way that utilizes the unique assets of their communities. Its goal is to reduce opioid overdose deaths in high-risk rural communities, and to support and promote a shared understanding of the patterns and characteristics of local opioid use.
“While no corner of the country has gone untouched by the opioid epidemic, rural America has been hit particularly hard. A challenge of this magnitude requires a response in kind, one that marshals resources, data and innovative approaches in the service of the most effective local responses. The Rural Responses Initiative enables these 21 rural communities to take control of their individual battles against opioid use disorder,” said Principal Deputy Assistant Attorney General Katharine T. Sullivan.
Each site will receive up to $750,000 to establish or enhance public safety, public health and behavioral health collaborations. Sites may also leverage funding to expand peer recovery and recovery support services.
The 21 sites, selected as a result of a competitive, nationwide grant process, represent several regions of the country:
- Arkansas Rural Health Partnership (AR)
- County of Rio Arriba (NM)
- Ellenville Regional Hospital (NY)
- Franklin County Sheriff's Department (MA)
- Grays Harbor Public Health & Social Services (WA)
- Marcum and Wallace Hospital (KY)
- Marshall University Research Corporation (WV)
- Memorial Regional Health (CO)
- Mohave Substance Treatment Education & Prevention Partnership (AZ)
- Northern Kentucky University (KY)
- Northumberland County (PA)
- Porter-Starke Services Inc. (IN)
- Portsmouth City Health Department (OH)
- Prisma Health–Upstate (SC)
- Project Lazarus (NC)
- Reno County Health Department (KS)
- SMA Healthcare, Inc. (FL)
- Mary's Regional Health Center (MN)
- Upper Cumberland Human Resources Agency (TN)
- WestCare Tennessee, Inc. (TN)
- Whitley County Health Department (KY)
The Rural Responses Initiative is the latest demonstration project supported by BJA’s Comprehensive Opioid Abuse Program (COAP), which supports effective local, state and tribal responses to the opioid epidemic.
BJA’s other demonstration projects, which may be found at https://www.coapresources.org/Program/DemoProjects, are:
- ODMAP Statewide Expansion and Response Initiative
- Partnerships to Support Data-driven Responses to Emerging Drug Threats Initiative
- Planning Initiative to Build Bridges Between Jail and Community-Based Treatment for Opioid Use Disorder
BJA, a component of the U.S. Department of Justice’s Office of Justice Programs, helps to make American communities safer by strengthening the nation's criminal justice system. Its grants, training and technical assistance, and policy development services provide state, local and tribal governments with the cutting edge tools and best practices they need to reduce violent and drug-related crime, support law enforcement and combat victimization.
The Centers for Disease Control and Prevention is the leading national public health institute in the United States, and part of the U.S. Department of Health and Human Services.
The State Justice Institute, a non-profit corporation, was established by federal law in 1984 to award grants to improve the quality of justice in state courts and foster innovative, efficient solutions to common issues faced by all courts.
Providence Gang Member Sentenced to 70 Months in PrisonRead the Press Release
PROVIDENCE – An admitted member of the “East B Bop Milla Blood” street gang, who previously served time in state prison on firearm and assault charges and later arrested on federal firearm and drug charges, was sentenced today to 70 months in federal prison.
On March 12, 2019, during a Project Safe Neighborhoods investigation into illegal guns and drug dealing in Providence, members of the Rhode Island ATF Task Force and Providence Police detectives executed a federal court-authorized search of the residence of Damon A. Winslow, 25. During the search, agents and officers seized a fully loaded .45 caliber pistol, more than 150 rounds of assorted ammunition, and approximately 3.5 ounces of marijuana.
Winslow told members of law enforcement that he possessed the firearm because he was a member of a gang, specifically “The Bloods.” He admitted to purchasing the firearm, which was missing its serial number, for approximately $300.
“The backbone of Project Safe Neighborhoods is to identify and eradicate the most pressing violent crime problems in our communities. No one can argue that armed drug dealers are not at the top of that list. We are all safer when they and their guns are off the street, and their firearm and the poison they sell are no longer a threat to anyone” said United States Attorney Aaron L. Weisman.
“I commend the Providence Police Department for their aggressive approach to combat violent crime by targeting gun crime and the individuals whose business it is arm themselves and sell drugs in our neighborhoods. The proof of a safer community lies in the numbers. The number of violent crimes committed with the use of a firearm in Providence is down while Providence Police continue to take more and more illegal guns off the street.”
“The Providence Police Department, in cooperation with our federal partners, have taken an aggressive stance regarding firearms used in commission of a crime. Over the past 10 years, the Providence Police have seized approximately 130 firearms per year, or removed one gun from the streets every three days,” said Providence Police Department Colonel Hugh T. Clements, Jr. “As a result, we are seeing fewer firearms used in both robbery and aggravated assault. In 2019, robbery with a firearm was down 8% and aggravated assault with a firearm dropped 18% compared with 2018. The number of persons shot in the city has declined from 110 in 2011 to only 35 last year. This is the lowest number of shooting victims since 2006. We will continue to work together with our federal and community partners going forward to keep illegal weapons and drugs off the streets and remove dangerous criminals from within our community.”
"ATF will continue working with our local, state and federal law enforcement counterparts to vigorously combat drug traffickers and the threat they pose to our citizens by illegally possessing firearms in furtherance of their illegal drug trade," said Kelly D. Brady, Special Agent in Charge, ATF Boston Field Division.
Winslow was previously convicted in Rhode Island state court in May 2017, on a felony charge of carrying a pistol without a license. He was arrested again in January 2018, for violating the terms of his probation when, among other things, he committed simple assault and resisted arrest following a fight involving rival gang members at the Garrahy Judicial Complex in Providence. He was convicted of simple assault and resisting arrest, and sentenced to 10 months incarceration at the ACI.
In this most recent firearm and drug trafficking case, Winslow pleaded guilty on October 24, 2019, to possession of a firearm in furtherance of drug trafficking and possession with intent to distribute marijuana.
Winslow was sentenced today to 70 months in federal to be followed by 3 years’ supervised release.
The sentence, imposed by U.S. District Court Judge William E. Smith, is announced by United States Attorney Aaron L. Weisman, Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Kelly D. Brady, and Providence Police Chief Hugh T. Clements, Jr.
This Project Safe Neighborhoods case was prosecuted by Assistant U.S. Attorney Milind M. Shah.
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.
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Philadelphia Tax Preparer Sentenced to Two Years in Prison for Causing Tax Loss of over $2 MillionRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Abdoulaye Coumbassa, 44, of Philadelphia, PA was sentenced to 24 months’ imprisonment, one year supervised release, and ordered to pay $224,478 in restitution to the IRS by United States District Court Judge R. Barclay Surrick for preparing and filing false tax returns for clients of his tax preparation business, Abbi Tax Services and Accounting, in Philadelphia.
The defendant pleaded guilty in October 2019 to the offense of aiding and assisting in the preparation of false returns, and agreed with an estimate of the tax losses he caused exceeding $2 million. From at least 2012 to 2015, Coumbassa prepared and filed fraudulent Income Tax Returns, and related forms and schedules, on behalf of his clients. Coumbassa primarily falsified these returns by attaching false ‘Schedule C’ forms to the clients’ returns. These ‘Schedule C’ forms falsely claimed that the client had a business that lost money, and the inclusion of these false Schedules offset the clients’ taxable income -- thereby either inflating the refunds his clients would otherwise be owed, or causing entitlement to refunds where taxes should have been owed.
“Tax preparers are supposed to be part of the gatekeeping system that ensures that our tax laws are followed. Here, the defendant did just the opposite and planned a massive fraud,” said U.S. Attorney McSwain. “When our tax laws are ignored, especially to this extent, we all lose. The defendant not only broke the law, but he also victimized individuals who simply wanted to do the right thing and pay their taxes – and they are now working to get their fiscal lives back in order. This sentence should send a message to tax cheats: don’t do it, or else my Office will investigate your crimes and you may soon be headed to jail.”
“Tax refunds should only be issued to taxpayers who are entitled to them,” said IRS Criminal Investigation Special Agent in Charge Guy Ficco. “Falsifying a tax return to obtain or bolster a tax refund is a crime; one that the courts take very seriously, as evidenced by the sentence Mr. Coumbassa received.”
The case was investigated by the Internal Revenue Service, and is being prosecuted by Assistant United States Attorney Bea L. Witzleben and Department of Justice Tax Division Trial Attorney Sarah Ranney.