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Tuesday 28 January 2020
Federal Jury Convicts Charles Edward Mason of Gun and Drug ChargesRead the Press Release
Knoxville, Tenn. – Following a four-day trial in the United States District Court at Knoxville, a jury convicted Charles Edward Mason, 53, of Clinton, Tennessee. Evidence presented at trial showed Mason was in possession of firearms and ammunition as a convicted felon, possessed with intent to distribute 5 grams or more of methamphetamine, brandished firearms in furtherance of drug trafficking, and possessed firearms in furtherance of drug trafficking.
Sentencing is set for May 20, 2020, at 10:00 a.m., in the United States District Court for the Eastern District of Tennessee at Knoxville. Mason faces a sentence of up to life in prison.
On April 24, 2019, officers responded to a 911 call alleging that Mason had threatened a woman with a handgun. During the initial encounter with Mason, officers discovered that Mason had two handguns and over 23 grams of methamphetamine. Mason subsequently brandished a third handgun, a revolver, and attempted to shoot the officers at the scene. The defendant pulled the trigger multiple times, however the gun did not fire because the hammer was caught on Mason’s t-shirt. After a short struggle, officers retrieved the firearm from Mason before taking him into custody. The female complainant and a man who was on the scene before officers arrived testified at trial that Mason threated their lives while holding a handgun, because Mason believed they stole methamphetamine from him.
In 2010, the defendant was previously convicted of reckless homicide in Anderson County, Tennessee.
“The combination of firearms possessed by a convicted felon and the distribution of illegal drugs is an inherent danger to our communities. The U.S. Attorney’s Office will continue to work together with law enforcement to prosecute federal offenses relating to the unlawful distribution of illegal drugs,” said U.S. Attorney J. Douglas Overbey.
“ATF’s Crime Gun Intelligence, as part of Project Guardian, is focused on providing a safe environment to the communities that are affected by violent crime,” said ATF Special Agent in Charge Marcus Watson.
The law enforcement agencies taking part in the joint investigation which lead to the indictment and subsequent conviction of Mason included the Anderson County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Knoxville Field Office.
Assistant United States Attorneys LaToyia Carpenter and Brent Jones represented the United States.
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Federal Indictments Returned in Maryland and Delaware Charging Three Alleged Members of the Violent Extremist Group “the Base” with Federal Firearms and Alien-Related ChargesRead the Press Release
Greenbelt, Maryland – Federal grand juries in Maryland and Delaware have returned indictments charging alleged members of the racially motivated violent extremist group “The Base” with firearms and alien-related charges. Both federal indictments charge Brian Mark Lemley, Jr., age 33, of Elkton, Maryland, and Newark, Delaware; and Canadian national Patrik Jordan Mathews, age 27, currently of Newark, Delaware, with firearms and alien-related charges. A third alleged member of “The Base,” William Garfield Bilbrough IV, age 19, of Denton, Maryland, is charged in the Maryland indictment with alien-related charges. The Delaware indictment also charges Lemley and Mathews with destroying their cellular telephones with intent to obstruct justice. The Maryland indictment was returned on January 27, 2020 and unsealed today. The Delaware grand jury returned its indictment today.
The indictments were announced by United States Attorney for the District of Maryland Robert K. Hur; United States Attorney for the District of Delaware David C. Weiss; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Acting Special Agent in Charge Toni Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division.
The 12-count Maryland indictment charges Lemley and Bilbrough with: conspiring to transport an alien from August 30 through 31, 2019, and with transporting an alien on August 31, 2019; conspiring to transport and harbor an alien on November 2 and 3, 2019; and with transporting an alien and harboring an alien on November 3, 2019. Lemley is charged with transporting a machine gun in interstate commerce on January 2, 2020; and disposing of a firearm and ammunition to an illegal alien on January 5, 2020 and January 11, 2020. Lemley and Mathews are charged with being or aiding and abetting an alien in possession of a firearm and ammunition on January 5, 2020 and January 11, 2020; and transporting a firearm and ammunition with intent to commit a felony on January 5, 2020 and on January 11, 2020.
The six-count Delaware indictment alleges that Lemley transported an illegal alien, specifically Patrik Jordan Mathews, on November 4, 2019; and that from November 4, 2019 through January 16, 2020, Lemley harbored Mathews, knowing he was an illegal alien. Further, Lemley and Mathews are charged with being or aiding and abetting an alien in possession of a firearm and ammunition from November 28, 2019 through January 4, 2020, and again on January 16, 2020; illegal possession of a machinegun; illegal possession of an unregistered machinegun; and destroying their cellular telephones with the intent to obstruct justice, specifically an investigation conducted by the FBI.
The federal indictments also seek the forfeiture of any property traceable to the offenses charged, including all firearms and ammunition allegedly involved in the commission of the offense, and a 2019 Chevrolet Colorado ZR2 allegedly used to facilitate the offense.
If convicted, Lemley and Bilbrough each face a maximum sentence of five years for transporting and harboring certain aliens, and 10 years for conspiracy to do so. Lemley also faces a maximum of five years in prison for transporting a machine gun in interstate commerce, and a maximum of 10 years in federal prison for disposing of a firearm and ammunition to an illegal alien. Lemley and Mathews each face a maximum of 10 years in federal prison for transporting a firearm and ammunition in interstate commerce with intent to commit a felony offense; a maximum of 10 years in federal prison for being or aiding and abetting an alien in possession of a firearm and ammunition; a maximum of 10 years in prison for illegal possession of a firearm; a maximum of 10 years in prison for illegal possession of an unregistered firearm; and a maximum of 20 years in prison for obstruction of justice. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorneys Robert K. Hur and David C. Weiss commended the FBI Baltimore Joint Terrorism Task Force (JTTF) and ATF for their work in the investigation, and thanked U.S. Homeland Security Investigations, the Maryland Department of Natural Resources, the Maryland State Police, and the Delaware State Police for their assistance. Mr. Hur and Mr. Weiss thanked their offices’ national security prosecutors, who are handling the case.
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Federal Indictments Returned in Delaware and Maryland Charging Three Alleged Members of the Violent Extremist Group "the Base" with Federal Firearms and Alien-Related ChargesRead the Press Release
WILMINGTON, Del. – Federal grand juries in Delaware and Maryland have returned indictments charging alleged members of the racially motivated violent extremist group “The Base” with firearms and alien-related charges. Both federal indictments charge Brian Mark Lemley, Jr., age 33, of Elkton, Maryland, and Newark, Delaware; and Canadian national Patrik Jordan Mathews, age 27, currently of Newark, Delaware, with firearms and alien-related charges. A third alleged member of “The Base,” William Garfield Bilbrough IV, age 19, of Denton, Maryland, is charged in the Maryland indictment for alien-related charges. The Delaware indictment also charges Lemley and Mathews with destroying their cellular telephones with intent to obstruct justice. The Maryland indictment was returned on January 27, 2020 and unsealed today. The Delaware grand jury returned its indictment today.
The indictments were announced by United States Attorney for the District of Delaware David C. Weiss; United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Acting Special Agent in Charge Toni Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division.
The six-count Delaware indictment alleges that Lemley transported an illegal alien, specifically Patrik Jordan Mathews, on November 4, 2019; and that from November 4, 2019 through January 16, 2020, Lemley harbored Mathews, knowing he was an illegal alien. Further, Lemley and Mathews are charged with being or aiding-and-abetting an alien in possession of a firearm and ammunition from November 28, 2019 through January 4, 2020, and again on January 16, 2020; with illegal possession of a machinegun; with illegal possession of an unregistered machinegun; and with destroying their cellular telephones with the intent to obstruct justice, specifically an investigation conducted by the FBI.
The 12-count Maryland indictment charges Lemley and Bilbrough with conspiring to transport an alien from August 30 through 31, 2019, and with transporting an alien on August 31, 2019; with conspiring to transport and harbor an alien on November 2 and 3, 2019, and with transporting an alien and harboring an alien on November 3, 2019. Lemley is charged with transporting a machine gun in interstate commerce on January 2, 2020; and with disposing of a firearm and ammunition to an illegal alien on January 5, 2020 and January 11, 2020. Lemley and Mathews are charged with being or aiding-and-abetting an alien in possession of a firearm and ammunition on January 5, 2020 and January 11, 2020; and with transporting a firearm and ammunition with intent to commit a felony on January 5, 2020 and on January 11, 2020.
The federal indictments also seek the forfeiture of any property traceable to the offenses charged, including all firearms and ammunition allegedly involved in the commission of the offense, and a 2019 Chevrolet Colorado ZR2 allegedly used to facilitate the offense.
If convicted, Lemley and Bilbrough each face a maximum sentence of five years for transporting and harboring certain aliens, and 10 years for conspiracy to do so. Lemley also faces a maximum of five years in prison for transporting a machine gun in interstate commerce, and a maximum of 10 years in federal prison for disposing of a firearm and ammunition to an illegal alien. Lemley and Mathews each face a maximum of 10 years in federal prison for transporting a firearm and ammunition in interstate commerce with intent to commit a felony offense; a maximum of 10 years in federal prison for being or aiding-and-abetting an alien in possession of a firearm and ammunition; a maximum of 10 years in prison for illegal possession of a firearm; a maximum of 10 years in prison for illegal possession of an unregistered firearm; and a maximum of 20 years in prison for obstruction of justice. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorneys David C. Weiss and Robert K. Hur commended the FBI Baltimore Joint Terrorism Task Force (JTTF) and ATF for their work in the investigation, and thanked U.S. Homeland Security Investigations, the Maryland Department of Natural Resources, the Maryland State Police, and the Delaware State Police for their assistance. Mr. Weiss and Mr. Hur thanked their offices’ national security prosecutors, who are handling the case.
Enfield Man with Multiple Felony Convictions Admits Illegally Possessing Gun in HartfordRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that NATHANIEL RODRIGUEZ, 24, of Enfield, pleaded guilty today before U.S. District Judge Kari A. Dooley in Bridgeport to one count of possession of a firearm and ammunition by a convicted felon.
According to court documents and statements made in court, at approximately 2:00 a.m. on January 27, 2019, Hartford Police received reports of a fight outside of the Vanish Bar and Grille Club on Meadow Street in Hartford. After responding to the scene, a detective saw Rodriguez arguing with several individuals in an SUV, and then produce a handgun. Hartford Police officers secured Rodriguez and recovered a loaded M&P Bodyguard .380 caliber handgun that he dropped on the ground.
The gun had been reported stolen in Massachusetts in 2017.
Rodriguez’s criminal history includes felony convictions in Massachusetts for firearms, assault, drug, and witness intimidation offenses.
Rodriguez has been detained since March 29, 2019, when he was arrested in Enfield in an unrelated case.
Judge Dooley scheduled sentencing for April 22, 2020, at which time Rodriguez faces a maximum term of imprisonment of 10 years.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hartford Police Department. This case is being prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
This prosecution has been brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
East Saint Louis Caretaker and Accomplice Indicted for Stealing Identities and Defrauding Elderly ClientsRead the Press Release
A federal grand jury for the Southern District of Illinois has returned a nine-count indictment
charging Erica S. Rose, 30, of East Saint Louis, Illinois, and Ashley N. McKinney, 36, of Pheba,
Mississippi, with conspiring to commit bank and wire fraud, aggravated identity theft, and other
felony offenses.According to the indictment, Rose used her employment with a Belleville-based in-home health care
provider to gain access to the homes of elderly clients in Southern Illinois, where she stole bank
account numbers and other identifying information. The indictment further alleges that Rose
provided the stolen materials to McKinney, who withdrew money from ATMs, deposited fraudulent
checks, and even purchased a car online for over $28,000 – all using the elderly victims’ funds and
identities.Rose and McKinney are due in federal court for their initial appearance on Feb. 11, 2020, at 1:30
pm. A trial date has not been set. If convicted, the pair faces up to 30 years in prison on the
conspiracy charge. The aggravated identity theft charges each carry a mandatory sentence of two
years imprisonment.An indictment merely is a formal charge against a defendant. Under the law, a defendant is presumed
to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a
jury.The investigation was conducted by detectives from the Edwardsville Police Department, Belleville
Police Department, Swansea Police Department, and St. Clair County Sheriff’s Office.
The case is being prosecuted by Assistant United States Attorney Luke J. Weissler.
Drug User Sentenced to Federal Prison for Possessing GunRead the Press Release
A man who possessed a gun while unlawfully using two drugs was sentenced January 27, 2020, to more than one year in federal prison.
Daniel Yaeshur Rhone, age 25, from Cedar Rapids, Iowa, received the prison term after a September 24, 2019 guilty plea to possession of a firearm by an unlawful user of controlled substances.
Evidence at a prior hearing in this case showed that Dubuque police officers received information that Rhone had a gun and was using ecstasy. Officers obtained a search warrant while Rhone was visiting family in Dubuque, searched a residence, and recovered a gun belonging to Rhone. Rhone later tested positive for amphetamines and marijuana.
Rhone was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Rhone was sentenced to twelve months’ and one-day imprisonment. He must also serve a three-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. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was prosecuted by Assistant United States Attorney Kyndra Lundquist and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-1029.
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Doctor and Co-Defendant Admit Roles in Health Care Fraud SchemeRead the Press Release
TRENTON, N.J. – A doctor with offices in Washington, Hackettstown, and Succasunna, New Jersey, and his co-defendant today admitted their roles in a health care conspiracy to bill Medicare and private health insurance companies for medical services fraudulently claimed to have been provided by a licensed medical doctor, U.S. Attorney Craig Carpenito announced.
Parminderjeet S. Sandhu, 66, of Long Valley, New Jersey, and Paramjit Singh, 62, of Ohio, each pleaded guilty before U.S. District Judge Peter G. Sheridan in Trenton federal court to informations charging them with conspiracy to commit health care fraud.
“Dr. Sandhu defrauded Medicare and private insurers – and, worse, put his patients at risk – by allowing those patients to be treated by Singh, a man who had lost his medical license,” U.S. Attorney Carpenito said. “Our office continues to work tirelessly to protect the integrity of federal healthcare programs and to make sure that patients do not suffer unnecessary harm from unscrupulous healthcare providers like these two defendants.”
“It's frightening to think that your doctor could be putting your health in the hands of someone who is practicing without a license,” FBI Newark Special Agent in Charge Gregory W. Ehrie said. “Dr. Sandhu put his patients at risk while defrauding them as well as their insurers. The FBI remains committed to investing its resources to combat these types of schemes because patients have every right to expect that the care they are receiving is from a qualified medical professional who is acting in the patient's best interest. We urge anyone who is aware of healthcare fraud to contact us.”
According to documents filed in this case and statements made in court:
From August 2014 through October 2017, Sandhu and Singh caused $2,211,975 to be billed to Medicare and private health insurance companies for medical services claimed to have been provided by Sandhu at Sandhu’s medical practice, Medical Care Associates Urgent Care Inc. In reality, those services were actually performed by Singh, whom Sandhu had hired to treat patients, despite knowing that Singh had lost his license to practice medicine anywhere in the United States. Sandhu issued prescriptions – including prescriptions for opioids – in Sandhu’s name for patients seen by Singh, even though Sandhu never met with the patients himself. As a result of the conspiracy, Sandhu’s medical practice was paid $1,162,253 for treatment fraudulently provided by Singh.
Under terms of the plea agreement, if the court accepts the plea, each defendant will be sentenced to 18 months in prison. In addition, Sandhu and Singh have each agreed to pay $1,162,253 in restitution. Sandhu has agreed to forfeiture of $829,561 and Singh has agreed to forfeiture of $332,692. Sentencing is scheduled for April 28, 2020.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Ehrie; the Warren County Prosecutor's Office, under the direction of Prosecutor James L. Pfeiffer; the New Jersey State Police, under the direction of Col. Patrick J. Callahan; and the Hackettstown, Roxbury and Washington Township police departments with the investigation leading to today’s guilty pleas.
The government is represented by Assistant U.S. Attorney Joseph N. Minish of the U.S. Attorney’s Office’s Asset Recovery and Money Laundering Unit.
Detroit woman sentenced for her role in oxycodone distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Konshawntas Boyd, of Detroit, Michigan, was sentenced today to 30 months incarceration for her role in a drug distribution operation, U.S. Attorney Bill Powell announced.
Boyd, age 39, pled guilty to one count of “Maintaining a Drug-Involved Premises” in October 2019. Boyd, a nurse practitioner, admitted that she had an apartment located in Barrington North Apartments in Morgantown, West Virginia, for the purpose of distributing oxycodone from September 2016 to March 2017.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Mon Metro Drug and Violent Crime Drug Task Force, a HIDTA-funded initiative, led the investigation. The Task Force consists of the U.S. Drug Enforcement Administration. the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, Monongalia County Sheriff’s Office, Morgantown Police Department, the Star City Police Department, the West Virginia State Police, the West Virginia University Police Department, the Granville Police Department, and the Monongalia County Prosecuting Attorney’s Office.
The investigation was funded in part 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.
Senior U.S. District Judge Irene M. Keeley presided.
Detroit man sentenced to 10 years for his involvement in an oxycodone distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Terry Thomas, of Detroit, Michigan, was sentenced today to 121 months incarceration for multiple charges involving an oxycodone distribution operation that spanned two states and four North Central West Virginia counties, U.S. Attorney Bill Powell announced.
Thomas, also known as “Top,” age 47, pled guilty to one count of “ Conspiracy to Distribute Oxycodone,” one count of “Money Laundering Conspiracy,” 19 counts of “Distribution of Oxycodone,” 11 counts of “Aiding and Abetting Distribution of Oxycodone,” and one count of “Distribution of Cocaine Base” in October 2019. Thomas, the ringleader of the operation, worked with his co-conspirators to distribute more than 500,000 oxycodone pills in Monongalia County and elsewhere for four years, from the summer of 2013 to June 2017.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Mon Metro Drug and Violent Crime Drug Task Force, a HIDTA-funded initiative, led the investigation. The Task Force consists of the U.S. Drug Enforcement Administration. the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, Monongalia County Sheriff’s Office, Morgantown Police Department, the Star City Police Department, the West Virginia State Police, the West Virginia University Police Department, the Granville Police Department, and the Monongalia County Prosecuting Attorney’s Office.
Of the 34 indicted in this case, all have entered guilty pleas. Twenty-nine defendants have been sentenced to a combined 580 months incarceration. To learn more about the other defendants in this case, go to https://www.justice.gov/usao-ndwv/pr/thirty-three-have-admitted-their-roles-oxycodone-distribution-operation.
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.
Senior U.S. District Judge Irene M. Keeley presided.
Detroit man sentenced for oxycodone distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Devante Maddox, of Detroit, Michigan, was sentenced today to three years probation for his role in an oxycodone distribution operation, U.S. Attorney Bill Powell announced.
Maddox, age 27, pled guilty to one count of “Distribution of Oxycodone” in October 2019. Maddox admitted to selling oxycodone in January 2017 in Monongalia County.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Mon Metro Drug and Violent Crime Drug Task Force, a HIDTA-funded initiative, 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.
Senior U.S. District Judge Irene M. Keeley presided.
Detroit man sentenced for money laundering and drug traffickingRead the Press Release
CLARKSBURG, WEST VIRGINIA – Raymond Edison, of Detroit, Michigan, was sentenced today to 72 months incarceration money laundering and drug distribution, U.S. Attorney Bill Powell announced.
Edison, age 32, pled guilty to one count of “Money Laundering Conspiracy” last week. Edison admitted to working with others to move money made from the distribution of heroin from one person to another to aid in the illegal operation from the Spring of 2017 to May 2018 in Monongalia County and elsewhere.
In a separate but connected case, Edison pled guilty to one count of “Distribution of Oxycodone within 1,000 feet of Protected Location” in March 2019. Edison admitted to selling oxycodone near Suncrest Middle School in Monongalia County in October 2017.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Internal Revenue Service Criminal Investigations investigated the money laundering case. The Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated the drug distribution case.
The investigation was funded in part 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 Thomas S. Kleeh presided.
Dayton, Iowa Man to Federal Prison for Illegal Possession of GunsRead the Press Release
A man who illegally possessed guns was sentenced January 27, 2020, to more than 6 years in federal prison.
Christopher Johnson, 45, from Dayton, Iowa, received the prison term after an October 17, 2019, guilty plea to possession of firearms by a felon. Johnson was previously convicted of manufacture of methamphetamine and/or possession with intent to manufacture methamphetamine, a felony, in August of 2001, in Boone County, Iowa.
At the guilty plea hearing, Johnson admitted that on May 28, 2017, in Webster County, Iowa, law enforcement officers were dispatched to a residence in Dayton, Iowa, on reports of a suspicious person (later identified as Johnson) at the residence possibly stalking the female occupant. Law enforcement officers located Johnson nearby (at a residence where Johnson was known to reside) in a barn. Law enforcement officers located and seized two guns, namely a Ruger .22 caliber pistol and a Jimenez Arms .22 caliber pistol, along with some .22 caliber ammunition from Johnson. Johnson was previously convicted of assault with a dangerous weapon (chainsaw), an aggravated misdemeanor, in 2012, in Calhoun County, Iowa.
Johnson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Johnson was sentenced to 78 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. Johnson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Dayton Police Department, Webster County Sheriff’s Office, and Bureau of Alcohol, Tobacco, Firearms, and Explosives. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by Dayton Police Department, Webster County Sheriff’s Office, and Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-3028.
Follow us on Twitter @USAO_NDIA.
Court Enters Judgment That Significantly Modifies and Extends Consent Decree with Live Nation/TicketmasterRead the Press Release
The Department of Justice’s Antitrust Division announced on Dec. 19, 2019, that it would file a petition asking the court to clarify and extend by five and a half years the Final Judgment entered by the court in United States v. Ticketmaster Entertainment, Inc., et al., Case No. 1:10-cv-00139-RMC (July 30, 2010). Today, the court entered the Amended Final Judgment. The court also set the procedure for naming of the Independent Monitoring Trustee. The Independent Monitoring Trustee is just one term within the Amended Final Judgment that will make enforcement of the decree for the extended time period more efficient.
“Live Nation broke the promises they made to the court and the American people when they merged with Ticketmaster in 2010; today, we are holding them accountable,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “The amended decree reimburses the American people millions of dollars and makes it easier for the Antitrust Division and state enforcers to identify and prosecute future transgressions.”
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.
Con-Man Sentenced to 63 More Months in Federal Prison After Stealing over $1,000,000 from Friends and FamilyRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Anthony Bueno, age 45, of Brighton, Colorado, was sentenced to serve 63 months in federal prison, followed by 3 years of supervised release for conspiring with this girlfriend to launder over $1,000,000 taken from friends and family through two separate wire fraud schemes. He was also ordered to pay $1,301,829.16 in restitution to the victims of his crime. This federal prison sentence is consecutive to the 30 month federal prison sentence imposed on the defendant two weeks ago for his role in a separate bribery scheme. Bueno remains in custody. The Denver FBI joined in today’s announcement.
According to court records, including the stipulated facts contained in the defendant’s plea agreement, Anthony Bueno devised and executed two schemes targeting his own family and friends. In one of the schemes — the “surety bond scheme” — Bueno falsely claimed to victims that they could earn returns of up to 2,500% by investing in surety bonds related to government construction projects. To bolster his claims, Bueno provided notarized documents, including one promising an investor that surety bonds purchased for $500,000 were actually worth $18.9 million.
In the other scheme — the “start up scheme” — Bueno preyed on his own family by falsely convincing relatives, including a recent college graduate and her parents, that if they gave him money he could help them start a government contracting business. He later told those same relatives that because he had helped create the contracting business while having his own government contracts, he was under investigation for collusion and needed money to defend himself.
All told, the defendant used lies and deceit to obtain $1,301,829.16, which he laundered through accounts controlled by his girlfriend. He then spent this money on vehicles and personal expenses. He also used a portion of the proceeds to pay restitution he owed as a result of a prior conviction in state court.
“Mr. Bueno is nothing more than a con-man who preyed on family and friends alike,” said U.S. Attorney Jason Dunn. “Others thinking about these scams should heed this sentence and think twice before engaging in such crimes.”
“Today’s sentencing of Anthony Bueno is a great example of the resolve of the FBI and United States Attorney’s Office to prosecute those who utilize fraud schemes for personal gain,” said FBI Denver Special Agent in Charge Dean Phillips. “We will continue to protect our citizens and hold accountable criminals who victimize investors.”
Cara Church Underwood in a separate case pleaded guilty to participating in the same surety bond scheme. Sentencing in that case, pending before the Honorable Robert E. Blackburn, is scheduled for February 27, 2019.
The sentence was pronounced by U.S. District Court Judge William J. Martinez. The case was investigated by the FBI. The defendant is being prosecuted by Assistant United States Attorney Bryan D. Fields.
Colorado Man Pleads Guilty to Racketeering Charges Related to Darknet Marketplace AlphaBayRead the Press Release
FRESNO, Calif. — Bryan Connor Herrell, 25, pleaded guilty on Monday to conspiring to engage in a racketeer influenced corrupt organization, U.S. Attorney McGregor W. Scott announced.
According to court documents, Herrell was a moderator on the AlphaBay marketplace, an illegal website that operated on the so-called darknet. On AlphaBay, vendors and purchasers engaged in hundreds of thousands of illicit transactions for guns, drugs, stolen identity information, credit card numbers and other illegal items. At the time, AlphaBay was considered to be the world’s largest online drug marketplace.
As a moderator on AlphaBay, Herrell settled disputes between vendors and purchasers and settled over 20,000 disputes. He is also accused of serving as a scam watcher — providing a service dedicated to monitor attempts to defraud AlphaBay users. Herrell went by the monikers “Penissmith” and “Botah” and was paid in bitcoin for his participation.
On June 1, 2017, a Fresno grand jury indicted the alleged founder of AlphaBay, Alexandre Cazes, and four days later the Royal Thai Police, with assistance from the FBI and DEA, arrested him at his residence in Bangkok, in connection with his alleged involvement with AlphaBay. At the time of his arrest, law enforcement discovered Cazes’s laptop open and in an unencrypted state. Agents and officers found several text files that identified the passwords/passkeys for the AlphaBay website, the AlphaBay servers, and other online identities associated with AlphaBay. The indictment against Cazes was dismissed as a result of his death. The investigation of AlphaBay and its former administrators continues.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Paul Hemesath and Grant B. Rabenn, and Senior Counsel Louisa K. Marion of the Department of Justice’s Computer Crime and Intellectual Property Section are prosecuting the case.
Herrell is scheduled to be sentenced on May 18. He faces a maximum statutory penalty of 20 years in prison. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Child Porn Charges Added to Threat Charge Against Salina ManRead the Press Release
WICHITA, KAN. – A Salina man who was charged with posting a threat against the president on social media is now facing child pornography charges, too, U.S. Attorney Stephen McAllister said.
Aaron McDowell, 24, Salina, was charged in a criminal complaint today with one count of presenting and distributing child pornography and one count of possessing child pornography. In the earlier case, McDowell faces one count of making a threat against the president. A criminal complaint filed Jan. 21, 2020, alleges McDowell posted on his Facebook page, “I’m going to kill Trump in the white house tomorrow at 7 p.m.”
In the new case, an agent’s affidavit alleges that while investigating the threat case investigators found child pornography on McDowell’s cellular phone containing children performing sex acts. A total of 152 files of child pornography were found on the phone.
Further searches found 2,800 child pornography images in McDowell’s account on Mega, a cloud storage and file hosting service. Investigators also found chats in which child pornography was distributed. McDowell is alleged to have sent a link to another user on a messaging application called Chatous that connected to child pornography in online storage.
If convicted, the defendant could face not less than five years and not more than 20 years on the presenting and distributing count and up to 20 years and a fine up to $250,000 on the possession charged. The U.S. Secret Service, the Sedgwick County Sheriff’s Office and the Kansas Internet Crimes Against Children (ICAC) Task Force investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
California's Four U.S. Attorneys Agree It’s Time for a Permanent Ban on Fentanyl AnaloguesRead the Press Release
The following statement was issued by the four U.S. Attorneys who serve California: Nicola T. Hanna (Central District of California), David L. Anderson (Northern District of California), Robert S. Brewer (Southern District of California) and McGregor W. Scott (Eastern District of California)
In 2017, almost 50,000 Americans died from opioid overdoses. In California alone, there were 2,428 fatal opioid overdoses in 2018. And it’s getting worse. In San Francisco and Los Angeles counties, for instance, opioid fatalities have increased by 54% and 41%, respectively, since 2016. San Diego County and the Central Valley are also experiencing unprecedented levels of fatal opioid overdoses. This is a crisis, and illicitly produced fentanyl is largely responsible.
To fight this epidemic, law enforcement must have all the necessary tools at their disposal. One such tool is the Drug Enforcement Administration’s (DEA) 2018 order making all fentanyl-related drugs illegal in the United States. Unfortunately, that order was temporary and will expire in less than two weeks. The Senate recently passed bipartisan legislation approving a 15-month extension of the temporary order. While this is a step in the right direction, and the House should pass the Senate’s bill, a longer term solution is needed. We need a permanent ban on all fentanyl-like drugs.
Illicit fentanyl is manufactured in labs in China and Mexico and smuggled into the United States. It is 50 times more powerful than heroin and 100 times more powerful than morphine. So powerful, in fact, that only a couple milligrams – the size of a few grains of salt – can kill the average person.
Fentanyl, however, is unique. Because it is made in labs using chemicals, its structure is easily manipulated. And the drug cartels that manufacture and traffic this synthetic poison into our neighborhoods understand American laws and know how to exploit them. They know that by changing a single molecule in the chemical structure of fentanyl, they have essentially created a new drug. One that, unlike fentanyl, is not illegal in the United States. These drugs, known as “fentanyl analogues,” do as fentanyl does: create more addicts and kill more Americans. The analogues – which can be up to 100 times more potent than fentanyl and 10,000 times more potent than morphine – will become legal if Congress fails to act.
The DEA’s 2018 decision to temporarily schedule – that is, to make illegal – all fentanyl-related substances was a response to the extraordinary legal loophole exploited by drug traffickers. In April 2019, China also outlawed all fentanyl-related substances. This is extraordinary progress, with one caveat. Unlike China’s law, the United States’ has an expiration date.
On Feb. 6, 2020, the DEA’s temporary order expires, and all drugs seized by U.S. investigators over the past two years that have tested positive as fentanyl analogues will no longer be illegal. If Congress fails to pass the legislation it will have a dramatic impact not just on the prosecutors and law enforcement officers who spend their lives investigating and prosecuting drug dealers, but on communities already hard hit by the opioid epidemic, many of which are right here in California.
Despite the tireless efforts of law enforcement, California continues to be a main thoroughfare for fentanyl and fentanyl-like drugs arriving from China and Mexico. In 2019, federal law enforcement agents seized approximately three-quarters of a ton of fentanyl at the six ports of entry we share with Mexico and in all places in between. That’s 20 percent more than in 2018. And our federal resources are not infinite; we need all the help we can get. Passing this legislation would provide invaluable support to us as prosecutors and the entire law enforcement community as we continue to combat the opioid crisis in California and throughout America.
A number of organizations have voiced opposition to the proposed legislation, arguing that the bill does not “embrace public health approaches to the overdose crisis.” We agree that a comprehensive approach to the crisis is needed, and a permanent fentanyl analogue ban should be viewed as part of a holistic effort. But time is running out. There is no doubt that drug traffickers are eagerly awaiting the temporary order’s expiration to start flooding our communities with these dangerous drugs. The passage of this legislation is quite literally a matter of life and death.
There should be nothing partisan about declaring fentanyl analogues illegal. There is certainly nothing partisan about saving lives and bringing justice to those who profit from addiction and death. For the safety of our communities, we urge Congress to pass legislation making permanent the DEA’s temporary scheduling of all fentanyl-related drugs.
Casper Pharmacy Agrees to $1 Million Settlement of Allegations of Violations of the Controlled Substances ActRead the Press Release
United States Attorney Mark Klaassen, along with the U.S. Drug Enforcement Administration (DEA), Denver Field Division Special Agent in Charge Deanne Reuter announced a recent civil settlement involving the Osco pharmacy located at 1076 CY Avenue in Casper, Wyoming, which is owned and operated by Albertsons LLC. On January 21, 2020, Albertsons agreed to pay one million dollars to resolve allegations that its Casper-based pharmacy had committed numerous violations of the Controlled Substances Act (CSA).
The allegations in this case arose from the broader investigation of Casper physician Shakeel Khan, who was convicted on May 24, 2019 and sentenced on August 12, 2019 for “Unlawfully Distributing and/or Dispensing Oxycodone which resulted in the death of another” and “Knowingly Aiding and Abetting Another in Dispensing/Distributing Oxycodone without a legitimate medical purpose” and conspiracy to do the same. While investigating Dr. Khan’s illegal prescribing practices, investigators became concerned about the role of Casper-area pharmacies in filling prescriptions Dr. Khan provided to his patients.
As a safeguard against such abusive prescribing practices, pharmacies are required under the CSA to verify that each prescription is issued for a legitimate medical purpose. The CSA prohibits a pharmacy from dispensing controlled substances pursuant to an illegitimate or invalid prescription.
An audit of the Albertsons Osco Pharmacy #60 in Casper revealed a number of alleged violations of the CSA that occurred between October 15, 2015 and February 28, 2017. Investigators uncovered 128 instances of patients filling prescriptions for unusually large quantities and dosages of narcotics; patients utilizing multiple pharmacies to fill prescriptions; or third parties filling prescriptions for out-of-state patients. Additional record keeping violations were also discovered.
The settlement agreement avoids further litigation, but is not an admission of liability by Albertsons, or a concession by the United States that its claims are not well founded.
“This case is an example of how we must fight prescription drug abuse on both the supply and demand side,” said United States Attorney Mark Klaassen. “We not only focus on users who seek prescription pills for illicit purposes, but also on doctors who may abuse their prescribing authority, and pharmacies who fail to exercise diligence in monitoring prescriptions as required by law.”
“This settlement reflects the Drug Enforcement Administration’s ongoing commitment to utilize all of the tools at its disposal to fight the opioid epidemic, hold the medical and pharmaceutical communities responsible for violations, and protect the citizens of Wyoming,” said DEA Cheyenne Resident Agent in Charge David Tyree.
The investigation was conducted by the DEA Cheyenne Resident Office Tactical Diversion Squad (TDS), in conjunction with the DEA Salt Lake City TDS. Assistant United States Attorney Levi Martin represented the United States.
Burlington County Man Sentenced to 126 Months in Prison for Impersonating Federal AgentRead the Press Release
CAMDEN, N.J. – A Burlington County, New Jersey, man was sentenced today to 126 months in prison for impersonating a federal agent while selling counterfeit coins and unlawfully importing counterfeit coins and bars into the United States, U.S. Attorney Craig Carpenito announced.
Jonathan A. Kirschner, a/k/a “Jonathan Kratcher,” 35, of Moorestown, New Jersey, previously pleaded guilty before U.S. District Judge Robert B. Kugler to an information charging him with one count of falsely impersonating an agent of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and one count of unlawfully bringing counterfeit coins and bars into the United States. Judge Kugler imposed the sentence today in Camden federal court. Kirschner has been detained since September 2018 after violating his conditions of pretrial release.
According to documents filed in this case and statements made in court:
Kirschner admitted that on May 9, 2017, he sold fake gold bars to a coin collector (Victim 1) for $11,000 in cash. Kirschner wore an ATF badge on a chain around his neck and claimed to be an ATF agent in written correspondence with Victim 1 and when they met in person. Kirschner also admitted that he sold 49 counterfeit Morgan dollar coins to two people (Victims 2 and 3) in Mt. Laurel, New Jersey, on June 4, 2017.
Kirschner told Victims 2 and 3, “I have my badge on,” when providing descriptive information so that Victims 2 and 3 could recognize Kirschner. He admitted that he pretended to be an ATF agent to put his victims at ease in purchasing what Kirschner claimed were gold coins and bars when, in reality, the coins and bars were fake. Kirschner admitted unlawfully bringing counterfeit coins and bars into the United States by importing multiple, falsely manifested packages from other countries, including China.
Judge Kugler also sentenced Kirschner to three years of supervised release, ordered him to pay restitution of $14,600, and ordered forfeiture of all of the counterfeit items.
U.S. Attorney Carpenito credited ATF special agents, under the direction of Special Agent in Charge Charlie J. Patterson, Newark Field Division; and special agents of the U.S. Department of Homeland Security, Homeland Security Investigations (HSI), Cherry Hill Office, under the direction of Special Agent in Charge Brian A. Michael, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Jeffrey Bender of the U.S. Attorney’s Office’s Criminal Division in Camden.
Defense counsel: Edward J. Crisonino Esq., Westmont, New Jersey
Brooklyn Woman Charged with Federal Hate Crimes for Anti-Semitic Attacks During HanukkahRead the Press Release
A criminal complaint was unsealed yesterday in federal court in Brooklyn charging Tiffany Harris with committing three separate anti-Semitic attacks against Orthodox Jewish women while they were walking on public streets in Brooklyn, New York, during Hanukkah. Harris will make her initial appearance at a later date.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the charges.
As set forth in the complaint, the first attack occurred on December 27, 2020, at approximately 12:40 a.m., at the corner of Eastern Parkway and Kingston Avenue in Crown Heights. Harris approached a woman who was walking alone and, without warning, slapped her in the face with an open hand. Five minutes later at the corner of President Street and Kingston Avenue, Harris approached a woman who was walking with a group of people – two of whom were visibly Orthodox Jewish – and slapped the victim in the back of her head with an open hand while stating, “F—k the Jews.” Several minutes later at the same intersection, Harris approached a third victim who was walking alongside another visibly Orthodox Jewish woman, and slapped her in the face with an open hand. Harris was arrested by NYPD officers near the scene of the assaults, and was positively identified by the three victims.
“As alleged in the criminal complaint, the defendant attacked three women solely because they were Jewish, striking not only at the innocent victims, but also at our country’s founding principles of tolerance and respect for civil rights,” stated United States Attorney Donoghue. “The use of violence, or the threats of violence, against anyone based on the victim’s religion will not be tolerated, and those who engage in such conduct will learn that under federal law there are serious consequences for hate crimes.” Mr. Donoghue commended the NYPD officers who quickly responded and apprehended the defendant.
“Any offensive physical assault is a crime of violence, and it should be obvious that perpetrators need to be held accountable,” stated FBI Assistant Director-in-Charge Sweeney. “When one’s actions are motivated by their hatred of another group and supported by anti-Semitic sentiments, however, it opens up the possibility of federal criminal charges, which are hard to walk away from. Tiffany Harris now faces up to 10 years in prison for her alleged actions. The lesson to others thinking of behaving as we allege Ms. Harris did—knock it off now or we are going to lock you up. The anti-Semitic attacks in this city and elsewhere have been outrageous, and the FBI will use the full extent of the laws at our disposal to protect the community.”
The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, the defendant faces up to 10 years in prison.
The government’s case is being handled by the Office’s Civil Rights Section. Assistant United States Attorney Gillian Kassner is in charge of the prosecution.
The Defendant:
TIFFANY HARRIS
Age: 30
Brooklyn, New YorkE.D.N.Y. Docket No. 20-MJ-10
Bergen and Burlington County, New Jersey, Religious Leaders Sentenced to Federal Prison for Conspiracy to Evade Taxes on Millions of Dollars in Income from ChurchRead the Press Release
NEWARK, N.J. – The leader and the main treasurer of the Israelite Church of God in Jesus Christ were sentenced to federal prison today for their respective roles in a scheme in which both men caused the church to pay millions of dollars in personal expenses for the leader that the leader then omitted from his personal tax returns, U.S Attorney Craig Carpenito announced.
Jermaine Grant, 44, of Burlington Township, New Jersey, was sentenced to 18 months in prison and Lincoln Warrington, 49, of Bergen County, New Jersey, was sentenced to 12 months and one day in prison. Both men previously pleaded guilty before U.S. District Court Judge William J. Martini to Count One of the indictment against them, charging them with conspiring to defraud the United States. Judge Martini imposed the sentence today in Newark federal court.
According to documents filed in the case and statements made in court:
Grant and Warrington used their leadership positions in the church to divert to Grant millions of dollars belonging to the church and its members for Grant’s personal use and benefit. The defendants used a variety of methods to carry out the scheme. For example, Grant and Warrington created a purported entertainment company that portrayed Grant as an industry mogul whose wealth was derived from his success in the industry, thereby concealing from church members that his lifestyle was supported entirely by the church and donations from its members. Grant and Warrington also used the church’s money to pay Grant’s other personal expenses, including payments for rental real estate properties, vacations, high-end luxury items, and private school tuition for Grant’s minor children. Grant, with Warrington’s assistance, then omitted these benefits from his individual income tax returns, resulting in the evasion of a substantial amount of tax due and owing to the United States. In total, Grant and Warrington concealed millions of dollars in income from the IRS, and failed to pay at least $250,000 in taxes.
The plea agreements in this matter include a requirement that the church will develop and present to the United States a plan designed to ensure the church’s compliance with applicable federal income tax laws going forward. Before the United States returns to the church certain cash and property seized during execution of the search warrants in this case, the compliance plan must address the disposition of that cash and property and ensure that they are returned for the benefit of the church rather than for the personal benefit of Jermaine Grant or any other individual.
In addition to the prison term, Judge Martini sentenced Grant and Warrington to three years of supervised release.
U.S. Attorney Carpenito credited special agents of the FBI’s Newark Division, under the direction of Special Agent in Charge Gregory W. Ehrie, and IRS-Criminal Investigation, under the direction of Special Agent in Charge John R. Tafur, with the investigation leading to today’s sentencings.
The government is represented by Assistant U.S. Attorney Margaret A. Mahoney, Senior Trial Counsel for the National Security Unit in Newark, and First Assistant U.S. Attorney Rachael A. Honig.
Defense counsel:
Grant: Gerald Lefcourt Esq., New York
Warrington: Richard Levitt Esq., New YorkBVI National Charged with Destroying Cell Phone to Impede Investigation and with Illegal Entry into the United StatesRead the Press Release
St. Thomas, USVI – Juwon Cordelle Potter, a citizen of the British Virgin Islands, was charged with destroying a record or tangible object with the intent to impede a federal investigation and with knowingly and willfully entering the United States at a time and place other than as designated by Immigration Officers. Juwon Cordelle Potter made his initial appearance before U.S. District Judge Curtis Gomez on Thursday. After preliminary and detention hearings on Friday, U.S. Magistrate Judge Ruth Miller ordered Juwon Cordelle Potter detained.
The complaint alleges that Customs and Border Patrol marine interdiction agents stopped a vessel leaving United States territorial waters and entering British Virgin Islands waters. According to court documents, the captain of the vessel, Juwon Cordelle Potter, permitted a search of his phone, which revealed a picture of two men and several messages stating "just the two men?" and "send the 2000 WU to Juwon Potter." An agent from Homeland Security Investigations placed the phone on a work surface on the CBP vessel and then moved to the bow to conduct record checks. The agent subsequently heard a splash, observed Juwon Cordelle Potter in the vicinity of where the phone had been placed, and observed the screen of the phone as it sank into the water.
This case is being investigated by Homeland Security Investigations and CBP Air and Marine, and is being prosecuted by Assistant United States Attorney Adam Sleeper.
United States Attorney Shappert reminds the public that a complaint is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty.
Assistant basketball coach charged with sexually abusing minor on Rocky Boy’s ReservationRead the Press Release
GREAT FALLS—An assistant basketball coach at Stonechild College on the Rocky Boy’s Reservation appeared today on charges he sexually abused a minor, U.S. Attorney Kurt Alme said.
Christopher Brown, 31, of Box Elder, was charged by a criminal complaint with sexual abuse of a minor. If convicted of the most serious crime, Brown faces a maximum 15 years in prison, a $250,000 fine and five years of supervised release. The case will be presented to a grand jury for an indictment.
The complaint is merely an accusation, and Brown is presumed innocent until proven guilty.
U.S. Magistrate Judge John T. Johnston presided at the hearing and detained Brown pending further proceedings.
Court records filed by the prosecution accuse Brown of having sex with a minor girl multiple times from July 2018 to December 2019 on the Rocky Boy’s Reservation. Brown worked an assistant basketball coach for Stonechild College and also tutored and helped with coaching basketball at Rocky Boy’s middle and high schools. Through his work as a coach and relationships with friends, Brown became acquainted with the victim.
Assistant U.S. Attorney Jared Cobell is prosecuting the case, which was investigated by the FBI and the Rocky Boy’s Police Department.
Pacer case reference. 20-04.
If the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Armed Career Criminal Found Guilty of Firearm and Drug OffensesRead the Press Release
Jacksonville, Florida – A federal jury has found Jimmy Ray Lightsey (39, Jacksonville) guilty of possessing a firearm in furtherance of a drug trafficking crime, possessing controlled substances with the intent to distribute, and possessing a firearm as a convicted felon. Lightsey, who qualifies as an Armed Career Criminal, faces a mandatory minimum sentence of 20 years, and up to life, in federal prison. His sentencing hearing is scheduled for July 27, 2020.
Lightsey had been indicted on November 15, 2018.
According to testimony presented at trial, on June 24, 2018, officers from the Jacksonville Sheriff’s Office arrested Lightsey for driving without a valid license. A 9mm pistol and a bag of marijuana were observed in plain view inside Lightsey’s car. A search of the vehicle revealed additional marijuana, cocaine, crack cocaine, and empty baggies used for packaging narcotics. The pistol was later determined to have been stolen from a home in Jacksonville approximately two weeks earlier.
At the time of the incident, Lightsey had multiple prior felony convictions, including for the sale or delivery of cocaine and attempted armed robbery with a weapon. Therefore, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorneys David B. Mesrobian and Beatriz Gonzalez.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Antitrust Division Names Alexander Okuliar Deputy Assistant Attorney GeneralRead the Press Release
Assistant Attorney General Makan Delrahim of the Justice Department's Antitrust Division today announced the appointment of Alexander Okuliar to serve as a Deputy Assistant Attorney General. He will be responsible for civil merger and conduct investigations and litigation.
“Alex has distinguished himself throughout his career in the government and in private practice,” said Assistant Attorney General Delrahim. “We are excited to welcome Alex back to the Division, where his elite antitrust experience will bolster the Front Office’s impressive ranks and help us fulfill our mission to protect American consumers.”
Alex’s 20-year career has taken him through tours at both federal antitrust agencies and the private sector. Most recently, Alex was a partner in the antitrust group of an international law firm where he represented clients in transactions and litigation, with an emphasis on matters involving technology, data, media, and finance. From 2012-2015, he was Attorney Advisor to Commissioner Maureen Ohlhausen of the Federal Trade Commission, where he advised the Commissioner on merger reviews, conduct investigations, and administrative litigation before the agency, as well as key privacy and competition policy developments around the world. Earlier, from 2010-2012, he was a Trial Attorney in the Technology and Financial Services Section (then-Networks & Technology Enforcement Section) of the Antitrust Division, where he led numerous investigations, including of the proposed (and subsequently abandoned) merger between the New York Stock Exchange and Deutsche Börse.
Alex is a frequent writer and speaker on competition policy issues associated with technology, data, digital markets and innovation, as well as the intersection of intellectual property and antitrust. He is an active member of the antitrust bar and has served in leadership roles at both the ABA Antitrust Law Section and Federalist Society. Alex received his J.D. from Vanderbilt University Law School and his B.S. in Economics and B.A. in History from the Wharton School and the College of Arts & Sciences of the University of Pennsylvania.
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.
Albany Pharmacist Pleads Guilty to Illegal Distribution of Controlled SubstancesRead the Press Release
BOWLING GREEN, Ky. – An Albany, Kentucky, pharmacist has pleaded guilty to three counts of illegal distribution of controlled substances, announced the United States Attorney’s Office for the Western District of Kentucky.
Kenton L. Shearer was charged via an Information on January 10, 2020, with three counts of illegal distribution of controlled substances.
Between March 10, 2015, and April 15, 2015, Shearer filled, or allowed his employees to fill, prescriptions containing hydrocodone, a Schedule II controlled substance, for patient J.Y., even though Shearer knew that the prescriptions were not written for a legitimate medical purpose. Shearer knew J.Y. was doctor shopping to obtain prescriptions for the same medications from multiple doctors, and because the hydrocodone polistirex (cough medicine) Dr. Michael Cummings prescribed to J.Y. had been prescribed for far longer than recommended in prescription guidelines.
Between August 16, 2011, and June 21, 2014, Shearer filled, or allowed his employees to fill, prescriptions containing hydrocodone, a Schedule III controlled substance, for patient J.Y., even though Shearer knew that the prescriptions were not written for a legitimate medical purpose. Shearer knew J.Y. was doctor shopping to obtain prescriptions for the same medications from multiple doctors, because the hydrocodone polistirex (cough medicine) Dr. Michael Cummings prescribed to J.Y. had been prescribed for far longer than recommended in prescription guidelines, and because Shearer filled prescriptions early on multiple occasions.
Between August 16, 2011, and April 8, 2015, Shearer filled, or allowed his employees to fill, prescriptions containing alprazolam, a Schedule IV controlled substance, for patient J.Y., even though Shearer knew that the prescriptions were not written for a legitimate medical purpose. Shearer knew J.Y. was doctor shopping to obtain prescriptions for the same medications from multiple doctors, and because Shearer filled prescriptions early on multiple occasions.
The United States will seek a sentence of 15 months in federal prison followed by a term of 3 years supervised release. The defendant has agreed to forfeit a $200,000 monetary judgment to the United State, which will be due on or before the sentencing date. Sentencing is set for May 14, 2020.
Dr. Michael Cummings was prosecuted by the United States and was sentenced to 30 months imprisonment in July of 2019.
The case is being prosecuted by Assistant United States Attorney David Weiser. The case was investigated by the Kentucky State Police, Federal Bureau of Investigation (FBI), and the Kentucky Cabinet for Health and Family Services, Office of the Inspector General.
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4 charged in 2 cases involving assaults on officersRead the Press Release
LAREDO, Texas – A Laredo grand jury has charged three Honduran nationals and a young Guatamalan man for assaulting Border Patrol (BP) agents, announced U.S. Attorney Ryan K. Patrick.
The first indictment charges Walter Yobani Ordones-Chavez, 32, Jose Manuael Zapata-Suazo, 28, and Kelvin Midencio Benedict-Garcia, 32, with forcible assault on an officer Dec. 31, 2019. Two days prior, Juan Jehovany. 19, was allegedly involved in a similar violent attack.
The New Year’s Eve incident began at approximately 6:45 a.m. after BP agents discovered a group entering the United States from Mexico by illegally crossing the Rio Grande River, according to the charges. The agents then allegedly followed their tracks, leading them to a storage shed located at a private residence.
There, the three illegal aliens violently resisted three separate agents who were attempting to apprehend them, according to the charges. The three Honduran men allegedly struck the agents, attempted to flee and ignored multiple commands to halt before authorities were ultimately able to detain them.
In a separate incident and case, a BP agent was investigating a pickup truck believed to be involved in an alien smuggling attempt Dec. 29, 2019, according to the charges. The agent allegedly heard noises from the truck bed and noticed several people hiding underneath a blanket. They allegedly attempted to flee, during which time the agent was knocked to the ground.
The charges allege Cac-Calel was one of the illegal aliens in the truck and actively resisted and pushed the agent as he attempted to detain him. The agent attempted to handcuff him, but Cac-Calel continued to violently struggle, according to the charges. Cac-Calel allegedly grabbed the agent’s handcuffs and swung them at his face. He also struck his hand as the agent attempted to use his pepper spray, according to the charges.
Three of the agents sustained injuries which required treatment at a medical facility.
If convicted, Ordones-Chavez, and Benedict-Garcia face up to 20 years in prison, while Cac-Calel and Zapata face a possible eight-year-term.
The FBI and Border Patrol conducted both investigations. Assistant U.S. Attorney (AUSA) Jennifer Day is prosecuting the Cac-Calel case, while AUSA Francisco J. Rodriguez is handling the other matter.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.
'Sovereign citizen' who targeted federal judges and government officials sentenced to 25 years in prisonRead the Press Release
AUGUSTA, GA: A Georgia man who began by filing false tax returns claiming millions of dollars, then escalated to filing multi-million dollar liens against government officials and attempting to put them into involuntary bankruptcy, culminated today in one of the longest federal sentences ever handed out for a false retaliatory lien case.
Timothy Jermaine Pate, a/k/a Akenaten Ali, 43, of Augusta, was sentenced today by Judge R. Stan Baker in U.S. District Court in Augusta to 300 months in prison, followed by three years of supervised release after completion of his sentence, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia.
There is no parole in the federal system.
“Timothy Pate tried to subvert the administration of government,” said U.S. Attorney Christine. “He tried to extract millions of taxpayer dollars by bullying hard-working public servants and threatening federal judges. His paper terrorism has now earned him 25 years in federal prison.”
Pate was convicted in October 2019 on 15 counts of filing false retaliatory liens against federal officials and five counts of making a false bankruptcy declaration, which stem from his efforts to put federal officials into bankruptcy against their will.
According to the evidence presented at trial, Pate filed tax returns from 2016 through 2018 falsely claiming he was owed more than $7 million in tax refunds. Pate also attempted to have the IRS pay his past-due child support. After the IRS repeatedly rejected his false returns, Pate – a U.S. citizen and Georgia resident who claimed to be a Moorish national not subject to U.S. law – filed a federal civil case against the IRS commissioner seeking tax refunds.
Pate attempted to have the court order the arrest of the IRS commissioner. When that failed, Pate threatened to file liens against the federal judge assigned to his case and other officials of the U.S. Treasury, unless he was paid millions of dollars from the IRS. Unbowed by his threats, the victim-public servants in this case continued to carry out their duties.
Pate carried out his threats. In May 2018, he filed liens ranging from $15 million to $33 million against a U.S. magistrate judge in Augusta, the former U.S. Treasury secretary, IRS commissioner, and the Treasury inspector general, among others. He then published notices of the liens in The Augusta Chronicle. The next month, Pate targeted additional federal officials with bogus liens; this time, he went after a federal bankruptcy judge in Augusta, the U.S. Bankruptcy clerk of court, and the U.S. magistrate judge for liens ranging from $15 million to $100 million.
When his victims refused to order the payment of his claimed refunds, Pate filed involuntary bankruptcy petitions against five federal officials on May 21, 2018, that would have put them into bankruptcy. Pate was arrested by federal authorities in August 2018 and has remained jailed since.
“At IRS Criminal Investigation, our top priority is protecting the integrity of our nation’s tax system,” said Thomas J. Holloman, Special Agent in Charge, IRS Criminal Investigation, Atlanta Field Office. “Today’s sentence should send a clear message that orchestrating a scheme to file bogus returns and liens while seeking to abuse the tax system will result in your prosecutions.”
“As we approach tax filing season, those who consider committing refund fraud and filing false liens should be aware of the extremely negative consequences of doing so, especially against federal officials,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “This sentence is an example of the FBI and our federal partners commitment to vigorously pursue anyone who tries to enrich themselves by circumventing the judicial process.”
The investigation was led by the FBI, IRS, and Treasury Inspector General for Tax Administration, and the case was prosecuted by the Criminal Division of the U.S. Attorney’s Office for the Southern District of Georgia, with assistance from the Department of Justice’s Tax Division.
Monday 27 January 2020
Woman from Mexico Sentenced After Arrest with 21 Pounds of MethRead the Press Release
WICHITA, KAN. – A woman from Mexico who was stopped in Kansas with 21 pounds of methamphetamine was sentenced today to 85 months in federal prison, U.S. Attorney Stephen McAllister said.
Maria Alonso-Espinoza, 30, pleaded guilty to one count of possession with intent to distribute methamphetamine. The Kansas Highway Patrol stopped her car on Feb. 26, 2019, on Interstate 70 near Russell, Kan. Her brother was driving and she was riding as a passenger. She was the registered owner of the car.
Troopers found 21 pounds of methamphetamine hidden in the driver’s side rear quarter panel. Investigators learned Alonso-Espinoza was taking the methamphetamine from Colorado to Wichita for distribution.
McAllister commended the Kansas Highway Patrol, the Wichita Police Department and Assistant U.S. Attorney Mona Furst for their work on the case.
Wisconsin Accountant Found Guilty of Conspiracy to Obtain over $260 Million in Small Business ContractsRead the Press Release
Mark F. Spindler, a certified public accountant, was found guilty of conspiring with Brian L. Ganos in a scheme to use front companies to obtain set-aside contracts intended for small businesses led by service-disabled veterans and disadvantaged individuals.
United States Attorney Matthew D. Krueger announced that on January 24, 2020, a jury found Mark F. Spindler of Menomonee Falls, Wisconsin, guilty of conspiracy to commit wire and mail fraud. Spindler is a certified public accountant (“CPA”) in the firm Komisar & Spindler, s.c. From the late 1990s to 2017, Spindler provided accounting services to Brian L. Ganos and Milwaukee-based construction companies Ganos controlled, including Sonag Company, Inc.; Sonag Ready Mix LLC; Nuvo Construction Company, Inc.; and C3T, Inc.
After a four-day trial before the Honorable Pamela Pepper, Spindler was found guilty of conspiring with Ganos and others in scheme to use front companies to obtain set-aside contracts intended for small businesses owned by service-disabled veterans and disadvantaged individuals. The scheme involved operating three construction companies with straw owners who qualified as a disadvantaged individual or as a service-disabled veteran, but who did not actually control the companies. Ganos then fraudulently obtained small business program certifications to win government-funded contracts to which the companies were not entitled. Specifically,
- Nuvo Construction Company, Inc. (“Nuvo”) was misrepresented to be majority-owned and controlled by Jorge Lopez in order to obtain certifications as a Small Disadvantaged Business from the U.S. Small Business Administration (“SBA”) and as a Disadvantaged Business Enterprise from Milwaukee County. In reality, Jorge Lopez worked full-time for a different entity in Minnesota and did not actually control Nuvo.
- C3T, Inc. was misrepresented to be majority owned and controlled by Telemachos Agoudemos to obtain verification as a Service-Disabled Veteran-Owned Small Business. In reality, for long stretches, Telemachos Agoudemos had virtually no involvement in C3T.
- Pagasa Construction Company, Inc. was misrepresented to be majority owned and controlled by Odessa Millan in order to obtain certification as a Small Disadvantaged Business from the SBA. In reality, Odessa Millan relied on the assistance of Ganos-controlled companies to form Pagasa.
The scheme continued from 2004 to mid-2016 during which period, Ganos and others used those certifications to obtain over $260 million in federal, state, and local contract payments. These included federal construction contracts that were set aside for small businesses controlled by service-disabled veterans or disadvantaged individuals.
At trial, the government introduced evidence that Spindler participated in the conspiracy in several ways, including:
- Spindler wrote multiple letters to certifying agencies that contained false information and enabled the front companies to retain their certifications. For example, Spindler wrote a letter for the Department of Veterans Administration (“VA”) that claimed T.A. was the highest-compensated employee of C3T, when in fact, multiple C3T employees were earning more than Telemachos Agoudemos, the purported President of C3T.
- Spindler provided accounting advice to help Ganos and others conceal the profits they were moving out of the front companies. For example, Spindler provided accounting entries that charged “services” from Ganos’s Sonag Company to the front companies, even though no services had been rendered, in order to justify millions of dollars that Ganos was taking from the front companies.
- Spindler lied to criminal investigators from the FBI and VA during an interview in June 2012. Spindler falsely stated that Ganos had no influence over C3T and that the front companies had no affiliation with each other or Ganos’s Sonag Company. Partly as a result of Spindler’s false statements, the criminal investigation was closed and the scheme continued for four more years. Only after new information came to light several years later was a new investigation started, which eventually ended the scheme.
Spindler is scheduled to be sentenced on May 6, 2020. The maximum penalties for the wire and mail fraud conspiracy conviction are 20 years in prison, a $250,000 fine, and a term of supervised release. In December 2019, Spindler’s co-conspirator, Ganos, was sentenced to 78 months in prison. Ganos had earlier pleaded guilty to one count of wire fraud and one count of mail fraud. Four other individuals and one corporation have also pleaded guilty to a felony charge in connection with the conspiracy.
“This verdict shows that CPAs and other professionals who use their expertise to facilitate fraud will be held accountable,” said United States Attorney Krueger. “CPAs hold a position of trust in our society because they are supposed to exercise objective, independent judgment as they review clients’ financial statements. Spindler exploited that trust and used the credibility of his CPA license to enable a massive fraud scheme. What’s worse, the scheme stole opportunities from disabled veterans and disadvantaged individuals who lost out on the contracts that Spindler helped Ganos steal. I commend the extraordinary efforts of the federal agencies that investigated this complex case and brought this sweeping fraud to light.”
The following agencies participated in the investigation: the Federal Bureau of Investigation; U.S. General Services Administration, Office of Inspector General; Department of Veterans Affairs, Office of Inspector General; Department of Defense, Office of the Inspector General, Defense Criminal Investigative Service; U.S. Department of Transportation, Office of Inspector General; U.S. Small Business Administration, Office of Inspector General, Investigations Division; Defense Contract Audit Agency; and U.S. Army Criminal Investigations Command Major Procurement Fraud Unit.
At trial, the government was represented by United States Attorney Matthew D. Krueger and Assistant United States Attorney Adam H. Ptashkin. The case and related forfeiture matters were also handled by Assistant United States Attorneys Scott J. Campbell and Michael A. Carter.
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- Nuvo Construction Company, Inc. (“Nuvo”) was misrepresented to be majority-owned and controlled by Jorge Lopez in order to obtain certifications as a Small Disadvantaged Business from the U.S. Small Business Administration (“SBA”) and as a Disadvantaged Business Enterprise from Milwaukee County. In reality, Jorge Lopez worked full-time for a different entity in Minnesota and did not actually control Nuvo.
Wetzel County woman admits to heroin distributionRead the Press Release
WHEELING, WEST VIRGINIA – Jane Grace Dawson, of New Martinsville, West Virginia, has admitted to a drug charge, U.S. Attorney Bill Powell announced.
Dawson, age 31, pled guilty to one count of “Conspiracy to Distribute Heroin.” Dawson admitted to working with others to distribute heroin in Wetzel County and elsewhere from March 2019 to August 2019.
Dawson faces up to 20 years incarceration and a fine of up to $1,000,000. 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 Shawn M. Adkins is prosecuting the case on behalf of the government. The West Virginia State Police investigated.
U.S. Magistrate Judge James P. Mazzone presided.
West Virginian Business Owners Sentenced to Prison for Failing to Pay Employment and Individual Income TaxesRead the Press Release
Two West Virginian business owners were sentenced to prison today for conspiring to defraud the United States of employment and income taxes, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Michael B. Stuart for the Southern District of West Virginia. Russell Rucker was sentenced to serve 18 months in prison, and his wife, Karen Rucker, was sentenced to six months in prison.
According to court documents and statements made in court, the Ruckers operated Rucker, Billups and Fowler Inc. (RBF), an insurance agency located in Huntington, West Virginia. Russell Rucker was the president of RBF and since approximately late 2013, Karen Rucker served as a financial officer. Between September 2015 and September 2018, the Ruckers withheld approximately $143,226 in payroll taxes from the wages of RBF’s employees, which they did not pay over to the Internal Revenue Service (IRS). Instead, the Ruckers diverted portions of the withheld funds for their own personal benefit. For instance, from 2014 through 2016 the Ruckers continued to pay themselves over $500,000 in salary. In response to IRS collection efforts and in an attempt to conceal funds from the IRS, the Ruckers deposited money into the bank account of another individual. The Ruckers also attempted to evade IRS levies by using a series of bank accounts that they did not disclose to the IRS and by paying many of their bills in cash, including their mortgage.
In addition, the Ruckers sought to evade payment of Russell Rucker’s 2001, 2002, and 2005 individual income taxes by disguising paychecks issued to Russell Rucker as non-taxable “note proceeds,” and they failed to file their individual income tax returns and RBF’s corporate returns for 2014 through 2017. The intended tax loss caused to the IRS by their conduct is more than $250,000.
In addition to the term of imprisonment, U.S. District Robert Chamber ordered the Ruckers to each serve three years of supervised release and to pay approximately $258,137 in restitution to the United States.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Stuart commended special agents of IRS-Criminal Investigation, who investigated the case, and Trial Attorneys Alexander Effendi and Lauren Archer of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
United States Attorney’s Office Settles ADA Dispute with Joyce’s Farm Market Involving Service AnimalsRead the Press Release
Detroit, MI – The United States Attorney’s Office for the Eastern District of Michigan announced today that it has reached a settlement with Joyce’s Farm Market, a produce store and greenhouse located in Ottawa Lake, Michigan to resolve an allegation that it refused service to an individual with a disability accompanied by a service animal. The investigation began after the US Attorney’s Office received a complaint through its Civil Rights Hotline from a woman who is blind who alleged that she was told to leave the market because of her dog, even after she explained that it was a service animal. During the investigation, physical barriers to access were also discovered at the market.
“Service animals are not pets. People with disabilities who are accompanied by a service animal are entitled to come and go freely throughout their communities, including shopping establishments, on an equal basis as others,” said Matthew Schneider, U.S. Attorney for the Eastern District of Michigan. “We are pleased that Joyce’s Farm Market has agreed to take steps to ensure that service animals are properly recognized and that the people who use them are welcomed and accepted.”
Under the settlement agreement, Joyce’s Farm Market will adopt a non-discrimination policy with specific service animal provisions, train all its employees on the ADA, remove barriers to access in the store building and parking lot, and pay money damages to the complainant.
The ADA prohibits discrimination against people with disabilities by public accommodations, such as grocery stores and retail markets. Public accommodations must allow people with disabilities the full and equal enjoyment of their goods, services, and facilities, which includes making reasonable modifications of their policies, practices, and procedures to permit people with disabilities to be accompanied by service animals.
The Civil Rights Unit of the U.S. Attorney’s Office for the Eastern District of Michigan was established in 2010 with the mission of prioritizing federal civil rights enforcement. For more information on the Office’s civil rights efforts, including a copy of settlement agreement with Joyce’s Farm Market, please visit https://www.justice.gov/usao-edmi/programs/civil-rights. ADA complaints may be emailed to [email protected] or by contacting the U.S. Attorney's Office’s Civil Rights Hotline at (313) 226-9151.
More information about the ADA is available at the Justice Department’s toll free ADA Information line at (800) 514 0301 or (800) 514 0383 (TTY) and on the ADA website at www.ada.gov.
U.S. Supreme Court Justice Sotomayor Addresses Latin American Judges at Justice Department’s Judicial Studies InstituteRead the Press Release
Today at the Judicial Studies Institute (JSI) in San Juan, Puerto Rico, U.S. Supreme Court Justice Sonia Sotomayor addressed 24 judges from El Salvador, Mexico, and Panama as part of a Department of Justice (DOJ) training program for the judiciaries of the Western Hemisphere. Justice Sotomayor stressed the importance of their contribution to rule of law in the hemisphere and lauded them for their role in the transformation of Latin American justice.
With the support of Justice Sotomayor, and in partnership with the Department of State’s Bureau of International Narcotics and Law Enforcement Affairs, the Justice Department’s Office of Prosecutorial Development, Assistance and Training (OPDAT) launched JSI in 2012 as a response to the wave of justice sector reforms in Latin America that saw many countries transition from an inquisitorial to an adversarial system of justice. Through Spanish instruction, practical exercises, and observations of courtroom proceedings, participating judges learned about evidentiary guidelines, the role of judges, and courtroom management in an adversarial justice system.
This capacity building is critical to the region as there are significant differences between the two systems. For example, in an inquisitorial system, judges investigate charges and determine guilt through written deliberations behind closed doors. In an adversarial system, the judge acts as an impartial referee responsible for weighing evidence and guaranteeing the rights of both the victim and the accused in an open courtroom setting.
Since establishing JSI in 2012, OPDAT and its partners at the University of Puerto Rico and Inter-American University law schools have trained over 800 Latin American judges.
Please visit https://www.supremecourt.gov/ for more information about the U.S. Supreme Court and https://www.justice.gov/criminal-opdat for more information about OPDAT’s capacity building efforts around the world.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney John W. Huber Statement on Pending Expiration of Emergency Prohibition of Fentanyl AnaloguesRead the Press Release
“The emergency prohibition of fentanyl analogues expires on February 6 without congressional action. Fentanyl and its analogues are responsible for dozens of overdose deaths in Utah. Without action by Congress, my partners and I will not have the tools we need to protect Utah families from the onslaught of these extraordinarily dangerous substances.
“We have seen a transition in the source of fentanyl finding its way into Utah communities. Initially, law enforcement officers found fentanyl from China in relatively small amounts in Utah.
“In a dangerous turn of events, law enforcement officials are now intercepting load after load of Mexican cartel-produced fentanyl. The cartels are using their established and prolific distribution networks to deliver fentanyl – a substance that is exponentially more dangerous than both methamphetamine and heroin. We continue to be very aggressive in prosecuting these cases.
“I am urging Congress to give us the tools we need to continue our efforts against the distribution of fentanyl and its analogues here in Utah. This fight is far from over. We need every tool we have to target this dangerous drug. Congress must take action immediately to extend the scheduling of these dangerous substances.”
Background: In an effort to combat this deadly drug epidemic, DEA issued a temporary emergency two-year order in February 2018 that made all fentanyl-related substances illegal. Our country has seen a marked supply impact from DEA’s temporary scheduling of fentanyl-related substances during the past two years, with a 50 percent decrease in fentanyl-related substances encountered across the United States. However, DEA’s emergency authority expires at midnight on February 6, 2020, unless Congress acts to extend it.
U.S. Attorney Durham Announces Appointment of New Criminal ChiefRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that Sarah P. Karwan will serve as the Chief of the U.S. Attorney’s Office’s Criminal Division.
Ms. Karwan succeeds the Honorable William J. Nardini, who now serves as a U.S. Circuit Judge of the U.S. Court of Appeals for the Second Circuit.
Ms. Karwan joined the U.S. Attorney’s Office in 2007 and, during her time as an Assistant U.S. Attorney, has prosecuted a wide variety of criminal cases. Ms. Karwan most recently has served as Chief of the District’s Major Crimes Unit, supervising the prosecution of cases involving immigration, human trafficking and child exploitation, civil rights and hate crimes, government program fraud, and environmental crimes. Ms. Karwan also has served as Deputy Chief of the District’s Financial Fraud and Public Corruption Unit, and as an Organized Crime and Drug Enforcement Task Force (“OCDETF”) attorney.
As an AUSA, Ms. Karwan has served as both the District’s Professional Responsibility Officer and Election’s Officer, and as a member of the hiring committee.
Prior to her time in the U.S. Attorney’s Office, Ms. Karwan was in private practice for approximately six years and specialized in securities litigation.
Ms. Karwan graduated from the College of William and Mary in 1997, and from the University of Connecticut School of Law in 2000.
“I am thrilled that Sarah Karwan will lead our Criminal Division,” said U.S. Attorney Durham. “During her more than 12 years as an AUSA, Sarah has done it all, prosecuting violent criminals, drug traffickers, financial fraudsters, corrupt public officials, and a wide variety of other wrongdoers. Given the breadth of her experience and her exceptional lawyering skills, she certainly will be a standout as our new Criminal Chief.”
The District’s Criminal Division comprises four program-based units: Violent Crimes and Narcotics, Financial Fraud and Public Corruption, National Security and Cybercrime, and Major Crimes.
The U.S. Attorney’s Office is charged with enforcing federal criminal laws in Connecticut and representing the federal government in civil litigation. The Office is composed of approximately 68 Assistant U.S. Attorneys and approximately 54 staff members at offices in New Haven, Hartford and Bridgeport.
Two Rochester Residents Charged with Production, Receipt, Distribution, and Possession of Child PornographyRead 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 Joshua Sattora, 35, and Rebecca Woodin, 34, both of Rochester, NY, were arrested and charged by criminal complaint with production, receipt, distribution, and possession of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of 30 years in prison.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that the National Center for Missing and Exploited Children received a CyberTipline Report indicating that a Dropbox user, later identified as defendant Joshua Sattora, was in possession of child pornography. A search warrant was then executed at Sattora’s Rochester residence. Investigators seized multiple electronic devices that contained thousands of images and videos of child pornography. Investigators also seized Sattora’s cell phone which contained a series of a series of text message conversations between Sattora and an individual later identified as Rebecca Woodin.
In those text messages, the defendants discussed their mutual interest in child pornography and their desire to have sexual contact with children in general. They also discussed at length their desire to have sexual contact with Minor Victim 1 in particular. Minor Victim 1 was either five or six years old during the course of the alleged conduct and was known to defendant Woodin. Sattora and Woodin talked in sexually explicit language about Minor Victim 1. Woodin also sent Sattora naked pictures of Minor Victim 1.
The defendants also exchanged explicit text messages about a second victim, Minor Victim 2.
Sattora also sent Woodin a screen shot of a document entitled “The Pedophile's Handbook.” Sattora wrote “yeah goes into detail about everything from how to find a girl to how to groom her to making sure she stays quiet afterwards.”
The defendants made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson and were held pending a detention hearing. Woodin’s detention hearing will take place on January 30, 2020; Sattora’s detention hearing has not yet been scheduled.
The complaint is a result of an investigation by the Department of Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the New York State Police, under the direction of Major Eric Laughton; and the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Two Men Charged in Manhattan Federal Court with Bronx MurderRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), and Peter C. Fitzhugh, the Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), announced the unsealing of an Indictment charging DARON GOODMAN and JAMARR SIMMONS with the January 11, 2020, murder of Jason Parris, 36, in the vicinity of East 170th Street and Webster Avenue in the Bronx, New York. The case has been assigned to United States District Judge George B. Daniels. SIMMONS was arrested this morning. GOODMAN was in state custody and was transferred to federal custody. Both defendants were presented today before Judge Daniels and ordered detained.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the indictment, Daron Goodman and Jamar Simmons murdered Jason Parris earlier this month. Thanks to the outstanding efforts of the NYPD and HSI, Goodman and Simmons now face federal murder charges for this terrible crime. We continue our daily work with our law enforcement partners to keep the streets safe, and to vigorously investigate and prosecute those who allegedly engage in acts of violence in our community.”
NYPD Commissioner Dermot Shea said: “This indictment illustrates how committed we are to stopping those engaged in gun violence. The NYPD, together with federal agents and prosecutors, remain vigilant in our fight against violent crime as part of our joint effort to keep the city and its residents safe.”
HSI Special Agent-in-Charge Peter C. Fitzhugh said: “In a most heinous act, both Goodman and Simmons are alleged to have murdered a man in cold blood. HSI will remain committed to work closely with our law enforcement partners on murder investigations in order to bring justice, and maybe some solace, for the victim’s family and loved ones.”
As alleged in the Indictment unsealed today in Manhattan federal court[1]:
On January 11, 2020, DARON GOODMAN and JAMARR SIMMONS, shot and killed Jason Parris in the vicinity of 1441 Webster Avenue in the Bronx. GOODMAN and SIMMONS killed Parris in part to maintain and increase their position in a racketeering enterprise operating in the Southern District of New York.
* * *
GOODMAN, 22, and SIMMONS, 32, are each charged with using a firearm to commit murder in aid of racketeering, which carries a maximum sentence of death, or life in prison, and a mandatory minimum term of five years in prison. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.
Mr. Berman praised the outstanding investigative work of the NYPD and HSI. Mr. Berman also praised the New York City Department of Correction, Correction Intelligence Bureau, for its assistance in the investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Adam S. Hobson, Michael D. Longyear, and Jacob Warren are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Two Detroit Men Plead Guilty to Drug ChargesRead the Press Release
HUNTINGTON, W.Va. – Two Detroit, Michigan men pled guilty to drug crimes today before United States District Judge Robert C. Chambers, announced United States Attorney Mike Stuart.
“Two more Detroit drug dealers stand convicted,” said United States Attorney Mike Stuart. “Dealers that come into this District to peddle their poisons will be prosecuted to the fullest extent of the law.”
Rudy Valentino Jackson, 21, pled guilty to aiding and abetting the possession with intent to distribute methamphetamine and heroin. Jackson admitted that on August 22, 2019, officers with the Huntington Police Department executed a search warrant at 702 Washington Avenue, Apartment 7, in Huntington. Officers found distribution quantities of methamphetamine and heroin inside the apartment. Jackson admitted he intended to aid other individuals in selling the methamphetamine and heroin. Jackson faces up to twenty years in prison when sentenced on April 27, 2020.
In a separate case, Paul Cunningham, 44, pled guilty to selling heroin. Cunningham admitted that in 2016 he sold heroin to a confidential informant three times in Huntington. Cunningham faces up to twenty years in prison when sentenced on May 4, 2020.
The Huntington Police Department conducted both investigations. Assistant United States Attorney Stephanie Taylor is handling the prosecutions.
These cases are being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
Follow us on Twitter: SDWVNews and USAttyStuart
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Third Man Involved in 2009 Kidnapping and Murder Sentenced to Life in PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that TERRELL HUNTER, also known as “Rell” and “Killer,” 38, of Hartford, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to life in prison for his role in the kidnapping, robbery and the execution-style murder of Charles Teasley, 35, of West Hartford, in January 2009.
According to evidence presented during trial, on January 12, 2009, Hartford Police responded to Colebrook Street in response to a 911 call concerning a dead body being found in the back seat of a vehicle parked on the street. Upon arrival, Charles Teasley was found dead in the back seat of his own vehicle, a 1999 Acura TL. He had suffered multiple gunshot wounds to his head and face, and his hands were zip-tied behind his back.
The investigation revealed that Hunter, Harold Cook, Gerund Mickens and Jesus Ashanti were involved in committing armed robberies of persons they believed to be drug dealers operating in the greater Hartford area. On January 9, 2009, an individual advised Cook that he had arranged to conduct a cocaine transaction with Teasley. The individual provided the particulars of the planned transaction to Cook so that Teasley could be kidnapped and robbed of drugs and money. After Teasley arrived at the arranged location, Cook, Mickens, Hunter and Ashanti kidnapped Teasley by using zip-ties to bind his hands and forcing him back into the rear seat of his own vehicle. In the vehicle, they threatened Teasley at gunpoint, assaulted him and forced him to make a telephone call directing his girlfriend to bring to Cook, Mickens, Hunter and Ashanti a safe that Teasley had kept at his and his girlfriend’s West Hartford residence. They drove to the residence and acquired the safe. Cook, Mickens and Hunter then drove Teasley to the Colebrook Street area of Hartford, and Ashanti followed them in a separate car. On the way, Cook and Hunter shot Teasley in the head causing his death. After arriving on Colebrook Street, Cook, Mickens and Hunter left the Acura and Teasley’s body, and then fled the area in the car driven by Ashanti.
Cook, Mickens and Hunter have been detained since their arrests on April 4, 2017. On August 21, 2018, a jury found them guilty of one count of kidnapping resulting in death, one count of using a firearm during a kidnapping and causing a death, and one count of using a firearm during a Hobbs Act robbery and causing a death.
Earlier this month, Judge Underhill sentenced both Cook and Mickens to life in prison.
Ashanti pleaded guilty to related charges on July 16, 2018, and awaits sentencing.
This investigation has been conducted by the FBI’s Northern Connecticut Violent Crimes Gang Task Force, Hartford Police Department and the Cold Case Homicide Unit of the Office of the Chief State’s Attorney. The Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
The case is being prosecuted by U.S. Attorney Durham, Assistant U.S. Attorneys Jocelyn C. Kaoutzanis and Peter D. Markle, and Assistant State’s Attorney Andrew Reed Durham, who has been cross-designated as a Special Assistant U.S. Attorney in this matter.
Suwannee County Woman Pleads Guilty to Submitting False Claim for FEMA Benefits Related to Hurricane IrmaRead the Press Release
Jacksonville, Florida – Deannajo White (39, Suwannee County) has pleaded guilty to disaster assistance fraud. She faces a maximum penalty of 30 years in federal prison, plus payment of restitution to the United States.
According to
court documents , on September 27, 2017, White made an application for disaster assistance benefits to FEMA over the internet. In the application, White claimed that her primary residence in Branford, Florida had suffered storm damage due to Hurricane Irma, when a tree fell through the roof, forcing her to leave the residence and begin living at a rental property in Branford. White subsequently contacted FEMA and stated that she had moved to a different rental property with a higher rent. White submitted multiple documents to FEMA in support of her application, including rent receipts, leases, and letters.On August 13, 2019, law enforcement agents interviewed White about her disaster assistance application. During the interview, she repeatedly lied to the agents. When confronted with evidence showing that she had lied on the application, White admitted to making false statements. She also admitted to submitting multiple false documents to FEMA, including fraudulent rent receipts and leases.
This case is part of the United States Attorney’s Disaster Fraud Task Force, which was announced in September 2017. It was investigated by the Department of Homeland Security - Office of Inspector General with assistance from Homeland Security Investigations, the Suwannee County Sheriff’s Office, and the Gilchrist County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Members of the public who suspect fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. A live operator 24 hours a day, 7 days a week staffs the telephone line. You can also fax information to the Center at (225) 334-4707, or email it to [email protected]. You may also visit www.justice.gov/usao-mdfl.
Stock Promoter Sentenced to Prison for Engaging in Manipulative Trading as Part of Pump-and-Dump SchemesRead the Press Release
BOSTON – A stock promoter who engaged in manipulative trading as part of a scheme to defraud investors was sentenced on Friday, Jan. 24, 2020, to six months in prison.
Eric Landis, 54, of Charlottesville, Va., was sentenced by U.S. District Judge Indira Talwani to six months in prison, two years of supervised release and ordered to pay a fine of $50,000. In January 2019, Landis pleaded guilty to one count of securities fraud.
From January 2015 to January 2018, Landis engaged in a scheme to manipulate the stock of at least 97 publicly traded companies. Landis was paid by stock promoters to send e-mails out touting microcap stocks to “lists” that he purportedly controlled. Instead of doing this, Landis generated the appearance of interest in the stocks by placing thousands of manipulative trades himself in the stock of the companies he was paid to promote. Landis’s trading created the mirage that the securities of those microcap companies were in high demand, when they were not. Over the course of a three year period, Landis was paid approximately $3.3 million by the stock promoters as part of his criminal scheme.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The Boston regional office of the U.S. Securities and Exchange Commission provided assistance with the investigation. Assistant U.S. Attorney Eric S. Rosen of Lelling’s Securities and Financial Fraud Unit prosecuted the case.
Statement from Deputy Attorney General Jeffrey A. Rosen Calling Upon the House of Representatives to Vote to Extend Scheduling of Fentanyl-Related SubstancesRead the Press Release
Deputy Attorney General Jeffrey A. Rosen issued the following statement:
“Sadly, in 2017, more than 1,000 Americans died every two weeks from fentanyl and fentanyl-related substances. In an effort to combat this deadly drug epidemic, DOJ’s Drug Enforcement Administration (DEA) in February 2018 issued a temporary emergency two-year order that made illegal all fentanyl-related substances. Our country has seen a marked supply impact from DEA’s temporary scheduling of fentanyl-related substances during the past two years, with a 50 percent decrease in fentanyl-related substances encountered across the United States. However, DEA’s emergency authority expires at midnight on February 6, 2020, unless Congress acts to extend it.
“On January 16, 2020, the Senate unanimously passed a commonsense, bipartisan 15-month extension of DEA’s temporary scheduling of fentanyl-related substances (S.3201). It is essential that House leadership now schedule a vote to do the same.
“If the House fails to act by midnight on February 6, traffickers of deadly opioids will again have the upper hand. This cannot be allowed to happen. The House of Representatives needs to act to help save Americans from more overdoses and deaths.”
See relevant op-eds on the fentanyl topic:
Attorney General William P. Barr op-ed.
U.S. Attorney Robert M. Duncan op-ed.
U.S. Attorney Justin Herdman op-ed.
U.S. Attorney John R. Lausch op-ed.
U.S. Attorneys for each New England District op-ed.
St. Albans Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A St. Albans man pled guilty to a drug crime today, announced United States Attorney Mike Stuart. John Harvey Bush, Jr., 27, pled guilty to possession with intent to distribute five grams or more of methamphetamine.
“18 pounds of meth through the U.S. Mail,” said United States Attorney Mike Stuart. “The motto, “If it fits, it ships,” does not apply to illegal drugs. I can’t say enough about the tremendous work of our U.S. Postal Inspectors who intercept packages like this on a daily basis and prevent illicit drugs from making it out on the streets. We are also fortunate to have the West Virginia National Guard as a partner in our counterdrug efforts.”
On September 4, 2019, the U.S. Postal Inspection Service intercepted a package shipped from Los Angeles, California to a Charleston residence. Upon obtaining a search warrant for the package, they discovered over 18 pounds of methamphetamine inside. The majority of the methamphetamine was removed, except for 11.2 grams which remained inside the package in order to conduct a controlled delivery. As law enforcement was delivering the package, the National Guard provided helicopter surveillance of the area. Bush was recorded driving to the residence and taking the package from the front porch. He was then followed as he drove the package to his girlfriend’s residence, where he unloaded and opened the package.
Upon opening the package, he discovered there to be only 11.2 grams of methamphetamine and attempted to flush the shipping label to the package. Shortly afterwards, law enforcement knocked on the front door of the girlfriend’s residence. Bush saw them through the window and was arrested as he tried to flee out the back door. Bush’s cell phone was seized and searched pursuant to a federal search warrant, where it became apparent that Bush was aware of the content of the package, its tracking number, and when it would be arriving.
Bush faces up to forty years in prison when sentenced on June 8, 2020.
The Drug Enforcement Administration (DEA), the United States Postal Service - Office of Inspector General, and the United States Postal Inspection Service conducted the investigation. The West Virginia National Guard assisted law enforcement with their investigation. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
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Sperry Man Sentenced to 15 years for Sexual Exploitation of a ChildRead the Press Release
A man arrested as a result of a report from Facebook to the National Center for Missing & Exploited Children was sentenced Monday in federal court for sexual exploitation of a child, announced U.S. Attorney Trent Shores.
U.S. District Judge Claire V. Eagan sentenced Thomas Dustin Daughtry, 43, of Sperry, to 15 years in federal prison to be followed by 10 years of supervised release for illegally engaging with the minor online from Feb. 18, 2019 through June 25, 2019.
In his written plea agreement from October 2019, Daughtry stated that he knowingly enticed a 15-year-old into engaging in sexually explicit conduct and persuaded the minor to send sexual images to him.
“Daughtry’s crimes came to light when Facebook reported ongoing contact by the defendant and the minor victim. This underscores the importance of ensuring law enforcement has a means to identify online predatory behavior and to lawfully access their electronic communications. Facebook’s development and implementation of end-to-end encryption could result in wholly blocking law enforcement’s ability to obtain evidence of Facebook facilitated communications even though a child predator has been identified,” said U.S. Attorney Trent Shores. “I am thankful that investigators and Assistant U.S. Attorney Shannon Cozzoni brought Thomas Daughtry to justice. He will spend the next 15 years in prison thinking on his crimes against children.”
In October, Attorney General Barr and law enforcement partners from the United States, United Kingdom and Australia published an open letter urging the social media company to rethink its development of end-to-end encryption. End-to-end encryption would preclude access to content even for preventing and investigating serious crimes. In the letter, the officials highlighted Facebook’s critical assistance in identifying child predators. In 2018, Facebook made 16.8 million reports of child sexual exploitation and abuse content to the National Center for Missing & Exploited Children (NCMEC), 12 million of which it is estimated would be lost if the company implements end-to-end encryption. As well as child abuse imagery, these referrals included more than 8,000 reports related to attempts by offenders to meet children online and groom or entice them into sharing indecent imagery or meeting in real life.
U.S. Immigration and Customs Enforcement's Homeland Security Investigations and Tulsa Police Department conducted the investigation. Assistant U.S. Attorney Shannon Cozzoni prosecuted the case.
This case resulted from Operation Independence Day, an investigation conducted the month of July that resulted in nine individuals being charged federally in the Northern District of Oklahoma. The nationwide operation relied on the 86 FBI-led Child Exploitation and Human Trafficking Task Forces, which leverage the resources and intelligence of other federal, state, local and tribal partners. In total, law enforcement recovered or identified 103 child victims and arrested of 67 sex traffickers across the nation.
Snohomish County man sentenced to 7+ years in prison for illegally sending firearms overseas and illegally possessing silencers and a handgunRead the Press Release
A 36-year-old resident of Tulalip, Washington, was sentenced today in U.S. District Court in Seattle to 85 months in prison for four federal felonies related to illegal gun possession and trafficking, announced U.S. Attorney Brian T. Moran. HANY VELETANLIC, a citizen of Bosnia legally residing in the United States, was found guilty of violating the Arms Export Control Act, illegally possessing two unregistered silencers, and possessing a firearm with an obliterated serial number. VELETANLIC was convicted in February 2019 following a two-day jury trial. At sentencing, U.S. District Judge James L. Robart said that VELETANLIC had run an illegal “lucrative business” and taken “quite sophisticated steps” to hide his conduct. The Court emphasized that sending guns to countries with restrictions on guns was very serious conduct.
“This defendant repeatedly lied to law enforcement, violated judges orders, and even schemed to harm a witness against him from the Federal Detention Center,” said U.S. Attorney Brian T. Moran. “Even behind bars he tried to transfer guns in his control to another violent group. Such disregard for the rule of law cannot be tolerated.”
According to records filed in the case and testimony at trial, in February 2017, Swedish law enforcement seized a part of a Glock firearm from a residence in Fagersta, Sweden. The serial number on the Glock firearm had been filed off, but Glock Inc. was able to trace the sale of the firearm using a specialized company code imprinted on the part. The gun had been purchased by a resident of the Seattle area. When contacted by law enforcement, the resident said he had privately sold the gun to VELETANLIC. In May 2017, VELETANLIC contacted Homeland Security agents when he learned they had been asking about the firearm. VELETANLIC told agents about his activity selling firearms on eBay and in direct sales. After being advised of his Miranda rights, VELETANLIC ultimately admitted shipping packages of firearms overseas–as many as 20 different shipments to two different customer groups in Sweden. He also has admitted shipping firearms parts to people in France, Russia, and Brazil.
In the course of a July 2017 interview with law enforcement, VELETANLIC admitted that a customer in France had shipped him two silencers in exchange for the firearms parts. VELETANLIC claimed the silencers had been destroyed. However, when agents received permission to look in VELETANLIC’s gun safe, they found one of the silencers. The second silencer was turned over by VELETANLIC to agents in August 2017.
In May 2018, VELETANLIC was arrested on federal charges. At the time of his arrest, he was carrying a stolen Ruger pistol with an obliterated serial number.
While awaiting sentencing at the Federal Detention Center (FDC) at SeaTac, VELETANLIC communicated with others outside the prison about transferring firearms to someone he thought was associated with a criminal group. VELETANLIC believed that criminal gang was going to harm someone who had been a witness against him. In reality, an undercover officer was posing as a possible gang member after inmates at the FDC alerted law enforcement to the scheme. VELETANLIC denies trying to arrange the attack.
The case was investigated by Homeland Security Investigations and Bureau of Alcohol, Tobacco Firearms & Explosives (ATF) with assistance from the Swedish National Police.
The case was prosecuted by Assistant United States Attorneys Thomas Woods and Marie Dalton.
Sioux City Felon and Drug User Sentenced to Federal Prison for Unlawfully Possessing a GunRead the Press Release
A man who illegally possessed a gun was sentenced January 23, 2020, to more than three years in federal prison.
Adrian Gomez, age 24, from Sioux City, Iowa, received the prison term after a September 13, 2019, guilty plea to being a felon, drug user and domestic abuse misdemeanant in possession of a firearm.
Evidenced produced by the United States at the detention, change of plea, and sentencing hearings revealed Gomez was prohibited from possessing firearms because he had previously been convicted of three felony crimes of burglary in Nebraska and Iowa. He was also prohibited from possessing guns because he had previously been convicted of domestic abuse assault in Iowa, and he was a user of illegal drugs. Each of these three facts precluded Gomez from lawfully possessing firearms.
Gomez’s unlawful possession was discovered when law enforcement were called with report of home burglary that resulted in a safe being dragged into an alley by the would-be burglars. Law enforcement found the locked safe and followed a drag-path back to the home it came from.
Subsequent investigations revealed a handgun, a loaded handgun magazine, and $4,044 in cash, in the safe. Evidence also showed Gomez had distributed marijuana. Gomez attempted to obstruct the investigation by asking a witness to lie to enforcement and claim that she owed the firearm in the safe and that Gomez had no knowledge of it. This effort failed, and it was determined that not only did Gomez possess the firearm in the safe, but that he had also possessed a rifle in the past, with which he threatened another.
Gomez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Gomez was sentenced to 37 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.
Gomez is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from our Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was investigated by the Sioux City Police Department and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-4042.
Follow us on Twitter @USAO_NDIA.
Selma Man Sentenced Following Conviction at Trial for Being a Felon in Possession of a FirearmRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Jarriet Rascoe, 32, of Selma, Alabama, was sentenced in federal court for being a convicted felon in possession of a firearm. A jury found Rascoe guilty of the charge following a trial in Selma in September of 2019.
According to the evidence presented at the trial, on February 7, 2019, Selma police conducted a traffic stop of a vehicle being driven by Rascoe for speeding. Rascoe did not have a driver’s license or insurance, and the vehicle had a switched tag. Rascoe, who appeared nervous, denied knowledge of anything illegal inside the vehicle but refused consent to search its contents. Police walked a narcotics detection K-9 around the vehicle. The K-9 alerted for the presence of narcotics on the driver’s side door. Police searched the vehicle and recovered a small amount of marijuana from the driver’s side floorboard, ten vacuum-sealed bags from the trunk, and three pistols from the trunk. Police found a .40-caliber pistol, a 9mm pistol, and a .22-caliber revolver. Rascoe told the officers that the vehicle belonged to him and that he knew there was one firearm inside the vehicle, but he was unaware of the other two firearms. Because of his 2012 felony conviction for Possession of Marijuana 1st Degree, in Dallas County, Rascoe was prohibited from possessing any firearms or ammunition.
United States District Court Judge Terry F. Moorer imposed a sentence of 46 months’ incarceration, to be followed by a three-year term of supervised release. During that time, Rascoe will undergo testing and treatment for substance abuse. The judge ordered Rascoe to pay $100 in special assessments.This case was investigated by the Selma Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gina S. Vann.
Santa Fe Springs Gang Member Sentenced to 40 Years in Prison for Racketeering Charges, Including 2016 Murder of Rival GangsterRead the Press Release
LOS ANGELES – A member of a Mexican Mafia-affiliated street gang that operates in Whittier and Santa Fe Springs was sentenced today to 480 months in federal prison for a series of violent crimes that included the 2016 murder of a rival gang member outside a San Gabriel Valley restaurant.
Leonardo Antolin, 25, a.k.a. “Rowdy,” of Whittier, was sentenced by United States District Judge Virginia A. Phillips, who said that Antolin had shown a “lack of concern for members of the community” through his acts of violence, and “all of that counsels for a very lengthy sentence.”
Antolin – a member of the Canta Ranas gang – pleaded guilty in July 2019 to conspiracy to violate the Racketeer Influenced and Corrupt Organizations (RICO) Act, conspiracy to commit murder in aid of racketeering, assault with a dangerous weapon in aid of racketeering, conspiracy to traffic in controlled substances, and discharging a firearm during a violent crime.
On April 19, 2016, Antolin murdered Dominic Gonzales, a Mexican Mafia member who wanted to expand his influence and challenge the authority of other Mexican Mafia members in the San Gabriel Valley. During the incident at a restaurant in the San Gabriel Valley community of Bassett, the Mexican Mafia member was fatally shot, his bodyguard was severely wounded, and an innocent restaurant patron was severely wounded when she was shot six times while sitting with her husband in the direct line of fire.
Antolin’s conviction arose from a 2016 federal grand jury indictment charging 51 defendants that was the result of Operation Frog Legs. Prosecutors have secured more than 40 convictions so far in this matter. The case’s lead defendant, Jose Loza, 41, is scheduled to be sentenced on February 24. Loza faces a mandatory sentence of life in federal prison after a federal jury in August 2019 found him guilty of 12 felonies, including Gonzales’ murder, after a 15-day trial.
“There can be no more serious offense than taking the life of another human being and here, defendant conspired to murder, and did, in fact, murder (the) victim…pursuant to a premeditated, cold-blooded plan hatched by co-defendant Loza,” prosecutors wrote in the government’s sentencing memorandum.
Antolin also was heavily involved in narcotics trafficking on the gang’s behalf. He also acted as an enforcer who collected extortionate taxes which were required to be paid by not only members and associates of the criminal enterprise but also any individual who committed revenue-generating crimes within the enterprise’s territory.
Operation Frog Legs is the result of an investigation by the Southern California Drug Task Force, which is led by the Drug Enforcement Administration as part of the High Intensity Drug Trafficking Area (HIDTA) initiative. The Task Force members that participated in Operation Frog Legs were Homeland Security Investigations, the Whittier Police Department, the Los Angeles County Sheriff’s Department, IRS Criminal Investigation, and the California Department of Corrections and Rehabilitation, Office of Correctional Safety, Special Service Unit.
This matter was prosecuted by Assistant United States Attorneys Carol Alexis Chen, Chief of the International Narcotics, Money Laundering, and Racketeering Section; Kathy Yu, also of the International Narcotics, Money Laundering, and Racketeering Section; and Victoria A. Degtyareva of the Cyber and Intellectual Property Crimes Section.
Rocky Mount Woman Indicted on Wire Fraud and Related Charges for Financial Aid Fraud SchemeRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned an indictment charging JILL THOMPSON ARRINGTON, age 42, of Rocky Mount, with seven counts of wire fraud, one count of theft of government property, and one count of financial aid fraud.
According to the indictment, ARRINGTON unlawfully obtained Pell grants and federally insured loans by claiming to pursue a post-secondary education when she had no intent of doing so. Specifically, to receive the financial aid, ARRINGTON falsely certified on Free Applications for Federal Student Aid and indicated on various post-secondary institutions’ admissions application forms that she intended to pursue degrees, often online, at the institutions. After the aid was disbursed to the post-secondary institutions and ARRINGTON received her funds, she often stopped participating in the courses. During her scheme, ARRINGTON applied to thirteen post-secondary institutions and received approximately $34,471.73 in student aid refunds.
If convicted of the wire fraud counts, ARRINGTON faces a maximum penalty of twenty years imprisonment and a $250,000 fine. ARRINGTON faces a maximum penalty of ten years imprisonment and a $250,000 fine if she is convicted of theft of government property. The financial aid fraud count carries a maximum penalty of five years imprisonment and a $50,000 fine if ARRINGTON is convicted. Each count requires a term of up to three years supervised release following any term of imprisonment.
The charges and allegations contained in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty in a court of law.
The case is being investigated by the U.S. Department of Education’s Office of the Inspector General, with assistance from the U.S. Postal Inspection Service.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.