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19 February 2020
York Man Sentenced to Five Years' Imprisonment for Firearm OffenseRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on February 12, 2020, U.S. District Court Judge Sylvia H. Rambo sentenced Jose David Santiago-Curet, age 23, of York, Pennsylvania, to five years’ imprisonment followed by five years on supervised release for possessing a firearm in furtherance of drug trafficking.
According to U.S. Attorney David J. Freed, Santiago-Curet pleaded guilty to possession of a firearm in furtherance of drug trafficking on July 8, 2019. Following a traffic stop in York, a 9mm SR-9C handgun, a bag of heroin (2.51 grams), and a scale were found in a vehicle occupied by Santiago-Curet on June 30, 2018.
The matter was investigated by the York Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Scott R. Ford is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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 year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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YMCA of Middle Tennessee Settles Complaint Alleging Violation of the Americans with Disabilities ActRead the Press Release
NASHVILLE, Tenn. – February 19, 2020 – The YMCA of Middle Tennessee has agreed to adopt a written non-discrimination statement and institute policies to resolve Americans with Disabilities Act (ADA) allegations, announced Don Cochran, U.S. Attorney for the Middle District of Tennessee. The policies will provide a system by which children with disabilities, including Autism Spectrum Disorder (ASD), are afforded program modifications and/or auxiliary aids that will enable them to participate in YMCA’s after school programs.
The settlement resolves allegations made by the father of a child with ASD who was denied participation in the YMCA’s after school program on the basis of the child’s disability-related behavior. The complainant alleged that the YMCA failed to secure an aid for the child and asked the child not to participate in the program. As part of the settlement, YMCA has adopted a non-discrimination statement and specific written policies that require reasonable modifications, including hiring auxiliary aids if necessary, in order to provide its childcare services to children with disabilities. A designated individual from the organization will be responsible for ensuring compliance with the new policies.
Assistant U.S. Attorney Dean S. Atyia handled this matter on behalf of the United States.
2020 marks the 30th Anniversary of the Americans with Disabilities Act. The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. The Justice Department will continue to use its enforcement and technical assistance tools to eliminate unlawful discrimination against individuals with disabilities.
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Waynesburg Man Illegally Possessed 2 Loaded Firearms, Cocaine and HeroinRead the Press Release
PITTSBURGH –A former resident of Greene County, Pennsylvania, pleaded guilty in federal court to violations of the federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
Julius Maurice Hurt, 34, of Waynesburg, pleaded guilty to possession with intent to distribute quantities of heroin and cocaine, and possession of firearms in furtherance of that drug trafficking crime, before Senior United States District Judge Nora Barry Fischer.
In connection with the guilty plea, the court was advised that in the early morning hours of May 3, 2017, Waynesburg Borough Police Officers were dispatched to the area in and around the Greene County Courthouse based on 911 calls that an individual, later determined to be Julius Hurt, was observed carrying firearms. The responding officers located Hurt in that area and found him in possession of two loaded firearms (a .45 caliber Colt pistol and a 9mm Smith & Wesson pistol). On his person, police found quantities of cocaine and heroin, both of which are scheduled controlled substances. In a residence associated with the Defendant, which was searched by the Pennsylvania State Police, troopers found drug paraphernalia commonly used to package heroin and cocaine for further distribution. In connection with his plea, Hurt admitted to possessing the quantities of heroin and cocaine intending to distribute them, and that he possessed the firearms in furtherance of that drug trafficking crime.
Judge Fischer scheduled sentencing for July 29, 2020, at 9:00 a.m. The Court continued Hurt’s detention pending sentencing. The law provides for a total sentence of not less than five years and up to life in prison, a fine not to exceed of $1,250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Jerome A. Moschetta is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania State Police, and the Waynesburg Borough Police Department conducted the investigation that led to the prosecution of Hurt.
Virginia Man Sentenced to 24 Years in Prison for Killing Autistic Man and Home Health Aide in Northeast WashingtonRead the Press Release
WASHINGTON – Davon Payton, 29, of Alexandria Virginia, was sentenced today in the Superior Court of the District of Columbia by the Honorable Craig Iscoe to a period of twenty- four years of incarceration followed by five years of supervised release. Payton pled guilty on November 22, 2019, to two counts of second-degree murder while armed, one count of attempted robbery while armed, and an unrelated count of arson announced Timothy J. Shea, United States Attorney for the District of Columbia.
On October 9, 2019, at approximately 9:49 p.m., Payton entered the victims’ home under the guise of using the restroom. When he exited the restroom, he pulled out a firearm and attempted to rob the homeowner. In the process, he fatally shot the homeowner’s autistic grandson and his home health aide who, during the robbery, had attempted to flee with the other occupants of the home. Both victims were unarmed. About a month prior to the shooting, Payton was captured on surveillance footage at the Exxon Service Station and 7/11 Convenience Store, located in the area of 4665 and 4675 South Capitol St. SW, igniting a gas pump fuel nozzle with a lighter before fleeing the scene.
In announcing the sentence, United States Attorney Shea commended the work of those from the Metropolitan Police Department, the Bureau of Alcohol, Tobacco and Firearms Washington Field Office and the D.C. Fire and EMS who investigated the homicide and arson cases. He also acknowledged the efforts of those who worked on the case from the United States Attorney’s Office, including Paralegal Specialist Lornce Applewhite, Supervisory Victim/Witness Advocate Jennifer Allen, and Victim/Witness Program Specialist Lesley Slade.
Finally, U.S. Attorney Shea commended the efforts of Assistant U.S. Attorneys Lindsey Merikas and Sitara Witanachchi who assisted in investigating the cases and bringing them to a prompt and just resolution.
Village of Northport Agrees to Settle Federal Complaint by Complying with Clean Water Act RequirementsRead the Press Release
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Peter D. Lopez, Regional Administrator of the United States Environmental Protection Agency, Region 2 (EPA), announced today that the United States filed suit under the Clean Water Act (CWA) against the Village of Northport, New York (Northport) to address illegal and persistent discharges of pollutants and for failure to comply with the municipal separate storm sewer system (MS4) permit and EPA’s administrative orders that required Northport to prevent pollutants discharged from its sewer system from entering the waters of the United States. The parties agreed to enter into a Consent Decree, which was also filed today with the court, and it requires Northport to conduct inspections and sampling of its outfalls, and to implement rehabilitation work to eliminate any illicit discharges. The Consent Decree also requires Northport to pay civil penalties of $125,000. The State of New York is a plaintiff in this matter and a party to the Consent Decree. Following a 30-day public comment period, the United States will review any comments and, if appropriate, ask the court to enter the Consent Decree.
The lawsuit and Consent Decree were filed in the United States District Court for the Eastern District of New York, in Central Islip, New York.
“The United States brought this action to ensure that Northport meets its obligation to protect water quality by developing and enforcing a program to eliminate the discharge of unpermitted pollutants from its storm sewer system,” stated United States Attorney Donoghue. “Specifically, the resolution of this case is designed to prevent pollutants, such as raw sewage travelling through Northport’s storm sewers, from discharging into Northport Harbor and Northport Bay, which flow into the Long Island Sound. This Office is committed to vigorously enforcing the CWA against parties who discharge pollutants into the waters of the United States.”
“When not properly managed, storm water often carries pollution and sediment into local waterways that can impair streams, lakes and beaches,” stated EPA Regional Administrator Lopez. “Before Northport began to take steps several years ago to address these issues, storm water from Northport impaired local waterways and there were instances of beach closings due to contamination in Northport Harbor. EPA takes these violations seriously, and the Village has come a long way to protect their valuable natural resources and improve the community’s quality of life.”
Northport owns and operates an MS4 permitted storm sewer system that comprises numerous catch basins in which storm water is collected and discharged through connecting pipe segments to 19 outfalls. Northport’s outfalls discharge into Northport Harbor and Northport Bay and flow into the Long Island Sound. As alleged in the complaint, following inspections by EPA in 2011, EPA determined that Northport’s storm sewer system discharged illicit contaminants, including raw sewage, into Northport Harbor. To address these discharges, Northport and EPA entered into three administrative orders from 2012 through 2013 to bring Northport into compliance with the CWA and the MS4 permit. The administrative orders required Northport to complete rehabilitation projects, inspection and sampling. In addition, Northport’s MS4 permit required it to implement and enforce a program to detect and eliminate illicit discharge flowing into its storm sewer system. The deadlines in EPA’s orders and the MS4 permit were not achieved, resulting in today’s lawsuit. The Consent Decree will require Northport to comply with the CWA, preventing future illicit sewage discharges into waters of the United States.
The civil negotiations and settlement were handled by the Office’s Civil Division. Assistant United States Attorney Deborah B. Zwany is in charge of this matter, working with Phyllis Kaplan Feinmark and Kara Murphy, Regional Counsel’s Office, U.S. EPA Region 2, Douglas McKenna, Chief of the Water Compliance Branch, U.S. EPA Region 2, Justine Modigliani, P.E. Chief of the Clean Water Act Compliance Section, U.S. EPA Region 2 and Katherine Green, Physical Scientist, Clean Water Act Compliance Section, U.S. EPA Region 2.
United States Attorney’s Office Hosts Annual Office Awards CeremonyRead the Press Release
Jackson, Miss. - Yesterday, U.S. Attorney Mike Hurst recognized members of the U.S. Attorney’s Office for the Southern District of Mississippi and its partners with the presentation of the Southern District’s annual awards for outstanding performance in 2019.
"We have some of the hardest working, most dedicated public servants in government service, and these awards reflect the truly best of the best. Because of their tenacity and commitment to our state and our communities, taxpayer money has been recovered, criminals have been captured and held accountable, and our neighborhoods are safer today. I am proud of their work and the difference they are making in people’s lives," said U.S. Attorney Hurst.
James B. Tucker Award for Superior Prosecutorial Service in Criminal Justice
This award is named for James B .Tucker, the first person to serve as Chief of the Criminal Division in the Southern District. Mr. Tucker distinguished himself in his position and gained a national reputation as a tough but judicious prosecutor throughout the state and throughout the U.S. Department of Justice. The award is presented each year to the Criminal Assistant United States Attorney having demonstrated superior prosecutorial service in the Criminal Division throughout the year.
The 2019 recipient of the James B. Tucker Award is Assistant United States Attorney Andrew Eichner.
AUSA Eichner joined our office in November 2018, and made an immediate and significant impact in his very first year. In FY 2019 alone, he presented forty-one indictments to the grand jury, ranging from gun cases, computer crimes and mail theft, to immigration and violent crime cases. Sixteen of those indictments were generated from AUSA Eichner’s work spearheading Project EJECT in Hattiesburg, which demands coordination with no fewer than three federal agencies, two local law enforcement agencies and two district attorneys’ offices. In addition to his courtroom work, AUSA Eichner authored two appeals and still had time to volunteer in the Hattiesburg area by speaking to a group of kids at the Hattiesburg YMCA about the benefits of staying in school and out of trouble. His work has drawn the attention and praise of police officers, district attorneys, and many others. He is always a team player and never hesitates to assist other AUSAs in trial or covering court appearances. AUSA Eichner’s positive attitude, good-natured spirit, unrelenting grit, unwavering character, impressive intellect and professional accomplishments in 2019 have all earned him this year’s Tucker Award.
Daniel E. Lynn Award for Superior Litigation Service in Civil Litigation
This award is named for Daniel E. Lynn, the first person to serve as Chief of the Civil Division in the Southern District. Mr. Lynn set the highest standards of excellence through selfless competence, integrity, and professionalism. The award is presented each year to the Assistant United States Attorney having demonstrated the most superior litigation service affecting the Civil Division throughout the year.
The 2019 recipient of the Daniel E. Lynn Award is Assistant United States Attorney Tabitha Bandi.
Joining our office in July 2018, AUSA Bandi quickly became responsible for all bankruptcy matters in the District. In 2019, she reviewed hundreds of notices and filings and handled several bankruptcy cases and adversarial proceedings, which historically were handled by more experienced and senior attorneys in the Department of Justice. For example, in an adversarial proceeding in which the liquidating trustee for a bankrupt hospital sued the Department of Health and Human Services for almost $400,000, Tabitha’s legal maneuvers and tough negotiating convinced the trustee to settle the matter for less than 10%.
In addition to managing all bankruptcy matters in the District, AUSA Bandi handled several important and challenging defensive cases, including cases involving employment discrimination and tort actions. She was co-counsel in two cases involving government employees and government-owned vehicles, settling both cases for approximately half the amount demanded by the plaintiffs.
AUSA Bandi also worked on some sensitive matters in which opposing counsel sought certain records from federal agencies and testimony from federal witnesses. For instance, in one case, she moved to quash a trial subpoena seeking testimony and documents from a witness who used to work in the federal government, and, unbeknownst to the DOJ trial lawyers, had been cooperating with the plaintiff, a former federal employee who had been fired for misconduct.
In her first full year in the office, AUSA Bandi has already left an incredible impression on her colleagues. Her initiative and ability to work well with others, including agency counsel, several of whom have praised her collegiality and competence, reflect very well on herself, the Civil Division and our office as a whole.
PauletteWomack Support Staff Award for Superior Performance
This award was named in honor of Paulette Womack, a long-time, much-loved member of the office who served as Secretary to the first Criminal Division Chief and as the Victim Witness Coordinator for the Southern District. She performed her work with tenacity, persistence and professionalism. This award is presented each year to the Support Staff Employee having demonstrated the most superior efforts in support of the mission of the District, whether it be in the area of administration or legal support.
The 2019 recipient of the PauletteWomack Award is Paralegal Specialist Mary Margaret Buchanan.
Ms. Buchanan is the Paralegal Specialist in the Civil Division’s Financial Litigation Unit. She is currently performing tasks which were previously performed by four, long-time, experienced employees. Her current criminal caseload includes almost 2,700 collection cases valued at over $850 million. Her current civil caseload is almost 50 collection cases valued at $2.1 million. In Fiscal Year 2019, the Financial Litigation Unit opened 437 criminal collection cases (a 42% INCREASE from the previous fiscal year), and recovered $2,447,376.16 in criminal debt (a 8.92% INCREASE over the previous fiscal year) and $1,941,201.32 in civil debt.
Ms. Buchanan assisted with several significant civil cases. In her pre-trial and trial support role in a medical malpractice case, she assisted the trial lawyers by organizing, and analyzing medical records. In an employment discrimination case, she assisted the trial attorneys by summarizing and analyzing deposition transcripts and identifying those instances where the witnesses testified about other potential trial witnesses. Additionally, Ms. Buchanan continued to help transition the Office’s bankruptcy practice from a long-time, experienced attorney to newly-hired AUSAs. In that role, she drew upon her extensive bankruptcy and litigation experience and helped the attorneys by reviewing hundreds of bankruptcy filings, including notices and proofs of claim for agency clients.
Ms. Buchanan is a dedicated and dependable employee; she’s a smart contributor; and she is a straight-shooter—all characteristics that Paulette Womack exhibited in her career with the Department of Justice. She has done a masterful job running the Financial Litigation Unit despite losing personnel with decades of experience and almost doubling the number of criminal collection cases.
Donald R. Burkhalter Award for Exemplary Leadership
This award is named after long-time First Assistant United States Attorney Donald R. Burkhalter. This award seeks to recognize, via nomination throughout the office, the employee who has demonstrated extraordinary courage and leadership throughout the year, no matter their position in the office. The award seeks to honor those who lead from action, not a title, who exhibits a positive, upbeat attitude that encourages cooperation and teamwork, and who works tirelessly in advancing the mission and goals of the U.S. Attorney’s Office and the Department of Justice.
The 2019 recipient of the Donald R. Burkhalter Award for Exemplary Leadership is Grand Jury Coordinator Karen Coates.
Karen has been with our office since 2002 and has been our Grand Jury Coordinator since 2006. In 2019, Karen reviewed and processed approximately 591 indictments and informations, a record number for the District. She also served as legal assistant to several AUSAs. Even though she is not a "manager," Karen was selected by the supervising legal assistant and former criminal chief to "train" new hires in the office. Karen is also the face of the office when dealing with the clerk of court, and by all accounts, the clerk’s office staff enjoy working with Karen.
Because of her selflessness, her leadership, and her dedication to the mission of the office and DOJ, Karen is more than worthy to receive the 2019 Donald R. Burkhalter Award for Exemplary Leadership.
George L. Phillips Distinguished Community Support Award
This award is named for former U.S. Attorney George L. Phillips, who began his service as the youngest U.S. Attorney in the nation, went on to serve under three Presidents for 14 years, and is credited with creating DOJ’s Law Enforcement Coordinating Committee. This award seeks to recognize individuals outside the U.S. Attorney’s Office who have contributed significantly to the increased coordination of law enforcement, who have substantially advanced the goals and mission of the U.S. Attorney’s Office, and who have exhibited genuine, consistent support of law enforcement generally and the U.S. Attorney’s Office in particular.
The 2019 recipient of the George Phillips Award is Patricia Burchell.
From October 2010 to January 2020, Ms. Burchell was the District Attorney for the 12th Circuit Judicial District, covering Forrest and Perry Counties. Prior to becoming DA, she was an Assistant District Attorney in the 12th Judicial District for seven years. In addition to all of her work leading that office and prosecuting cases, Ms. Burchell pro-actively sought the advice and assistance from the FBI and other state and federal agencies to help rout out corruption she saw in her community. She was instrumental in providing information and assistance that led to the conviction of Forrest County Chief Deputy Sheriff Charles "Plukey" Bolton and his wife, as well as the convictions of other prominent corrupt Hattiesburg individuals such as the Rev. Kenneth Fairley, attorney Jon Lee, and accountant Carl Nicholson, just to name a few. In her time as District Attorney, she has been unwavering in cooperating, collaborating, and assisting this office and its AUSAs in prosecuting crime in Hattiesburg. Most recently, she has been one of
our office biggest supporters in Hattiesburg for the implementation of Project EJECT under DOJ’s Project Safe Neighborhoods initiative. Ms. Burchell also agreed to serve and still serves, even in retirement, on our office’s PSN Committee.
Ms. Burchell is most deserving of this award because her character and her work reflected that of George Phillips. She has a reputation throughout our state as someone you can trust and depend on, someone who always has your back, and someone who will always do the right thing, no matter what the cost.
Robert E. Hauberg Award for Distinguished Service
This award is named in honor of the achievements of former U.S. Attorney for the Southern District of Mississippi Robert E. Hauberg, the longest serving United States Attorney in the history of our nation. The Hauberg Award is presented annually by this District to an employee who has displayed superior achievement in their assigned duties and who has gone above and beyond the call of duty in some additional public service that makes a significant impact on the community.
The 2019 recipient of the Robert E. Hauberg Award is Assistant United States Attorney Candace Mayberry. AUSA Mayberry joined our office as a Criminal AUSA in 2016. From the moment she started, she was and always has been a team player. She prosecuted everything from murder to corruption of prison guards to hate crimes involving crossburnings to carjackings to civilly defending a national guardsman under the Uniformed Services Employment and Reemployment Rights Act. AUSA Mayberry was quickly designated as the Office’s Civil Rights AUSA, straddling the line and doing civil rights cases in both the Civil and Criminal Divisions.
In addition, after an AUSA left our office, AUSA Mayberry was tapped to be the Office’s PSN Coordinator, leading one of the office’s top initiatives – Project EJECT. In this role, she not only led the efforts on Project EJECT in Jackson, but also coordinated with other AUSAs assigned to EJECT sites throughout the District, and was responsible for dealing with Main Justice on reporting requirements and PSN grant awards. This latter responsibility involved setting up and managing a committee that would review and select grant awardees.
AUSA Mayberry has also been an advocate in her community, volunteering for Project EJECT’s Book buddy Program at Johnson Elementary, presenting the LEAD Program at various high schools and Boys and Girls Clubs throughout Jackson. She also coached the Callaway High School mock trial team in the State Bar’s annual high school mock trial competition (aided by Civil Chief Marc Perez). She has done all of this work with one of the best, most positive and contagious attitudes in the office, always upbeat, optimistic, collaborative, and encouraging of others.
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U.S. Trustee Program Ready to Implement the Small Business Reorganization Act of 2019Read the Press Release
The Department of Justice’s U.S. Trustee Program (USTP) is fully prepared to implement the Small Business Reorganization Act of 2019 (SBRA), which goes into effect today. The SBRA was passed by Congress and signed into law by President Trump last August.
“The SBRA represents an innovative effort to expedite and reduce the cost of bankruptcy for small business debtors to reorganize their debts and save their businesses,” said USTP Director Cliff White. “The USTP has spent the past six months preparing for its implementation and is committed to ensuring that the law is carried out as intended.”
Under the SBRA, small business debtors―defined as entities with less than about $2.7 million in debts that also meet other criteria―may voluntarily elect to proceed under a new subchapter V of chapter 11 of the Bankruptcy Code. Among other things, subchapter V imposes shorter deadlines for completing the bankruptcy process, allows for greater flexibility in negotiating restructuring plans with creditors, and provides for a private trustee who will work with the small business debtor and its creditors to facilitate the development of a consensual plan of reorganization.
According to Director White, the USTP’s role in these small business cases is to “appoint private trustees with business experience to serve as subchapter V trustees, minimize the need for costly litigation, and ensure compliance with the Bankruptcy Code and the expeditious resolution of cases.”
As part of the USTP’s intensive preparation to implement the SBRA, U.S. Trustees conducted a nationwide search for qualified candidates to serve as subchapter V trustees, ultimately selecting about 250 candidates from more than 3,000 applications. These trustees offer a diverse set of business, accounting, turn-around management, and legal skills. In addition, the USTP developed a comprehensive manual and handbook to guide staff and subchapter V trustees in carrying out their new SBRA responsibilities; provided extensive training to staff, subchapter V trustees, bankruptcy professionals, and others interested in the new law; and coordinated with the bankruptcy courts on administrative issues to ensure a successful implementation.
The USTP is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. The Program has 21 regions and 90 field office locations covering 88 judicial districts. Learn more about the Program at https://www.justice.gov/ust.
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’s Office to Monitor Los Angeles County Vote Centers for Compliance with Americans with Disabilities ActRead the Press Release
LOS ANGELES – The U.S. Attorney’s Office will deploy personnel to monitor Los Angeles County vote centers for their compliance with federal accessibility law for people with physical disabilities during the February 22-to-March 3 election period.
The monitoring is part of the Justice Department’s Americans with Disabilities Act (ADA) Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities. A hallmark of the ADA Voting Initiative is its collaboration with local officials to increase accessibility at polling places.
Through this initiative, the Justice Department has surveyed more than 1,600 polling places across the nation and has increased accessibility in more than three dozen jurisdictions.
Specifically, the United States Attorney’s Office will monitor Los Angeles County vote centers for their ADA compliance for people with mobility and vision disabilities.
Individuals who believe they might have been victims of discrimination in voting, including because of disability, may call the U.S. Attorney’s Office at (213) 894-2879, email [email protected], or complete and submit this form.
“Protecting the fundamental right to vote is essential to our democracy,” said United States Attorney Nick Hanna. “My office has pledged to ensure that all eligible voters may fully participate in the electoral process. Barriers to access must not undermine voting rights.”
This year marks the ADA’s 30th anniversary. The Department of Justice – including the U.S. Attorney’s Office – plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. The Justice Department will continue to use its enforcement and technical assistance tools to eliminate unlawful discrimination against people with disabilities.
For more information about the ADA, please call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD), or access the ADA website at http://www.ada.gov.
U.S. Attorney’s Office Launches Review of District Polling Places for Compliance with the Americans with Disabilities Act Ahead of 2020 ElectionRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that his Office has launched a review of all polling places in the Eastern District of Pennsylvania to determine if they are in compliance with the Americans with Disabilities Act (ADA) of 1990. The initiative is in accordance with the federal government’s congressionally-mandated responsibility to review compliance with the ADA; it is not in response to any specific complaint against a county or individual polling location.
As part of the review, election officials in Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton, and Philadelphia counties are being asked to complete survey questions pertaining to polling place accessibility in their county. Investigators may then conduct on-site inspections to confirm survey responses and to evaluate compliance with federal ADA regulations. Counties found to be non-compliant will have the option of resolving issues informally, and if that effort fails, entering into a Voluntary Compliance Agreement with the government whereby they voluntarily agree to upgrade their facilities and address issues in order to meet ADA requirements before the November 2020 election. Counties found to be engaging in a pattern or practice of discrimination, or that fail to enter into Voluntary Compliance Agreements, may face a civil lawsuit brought by the government and/or be subject to penalties, including monetary penalties and civil fines.
The ADA prohibits discrimination on the basis of disability in all programs, activities, and services provided by public entities. The ADA requires that public entities provide voting facilities that are accessible to people with disabilities.
“People with disabilities who live in the Eastern District of Pennsylvania deserve equal access to polling places and we are committed to making sure that they have it,” said U.S. Attorney McSwain. “This year marks the 30th anniversary of the Americans with Disabilities Act, so there can be no doubt that counties have had more than enough time to ensure that their polling places provide full access to individuals with disabilities. We will take all reasonable steps within our power to ensure that any counties that fall short of compliance make the necessary changes in time for the 2020 election.”
Any citizen with polling place concerns in the Eastern District of Pennsylvania is encouraged to contact Assistant United States Attorney Jacqueline C. Romero, Civil Rights Coordinator, at 215-861-8200.
Two women sentenced for child pornographyRead the Press Release
SAVANNAH, GA: Two women have received hefty federal prison sentences for producing and distributing child pornography.
Melanie Smith, a/k/a “Melanie Small,” 30, of Rincon, Ga., was sentenced by U.S. District Court Judge Stan Baker to 360 months in federal prison and ordered to pay $3 million in restitution after pleading guilty to Production of Child Pornography, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. A co-defendant, Holly Clayton, 34, of Port Wentworth, Ga., was sentenced to 144 months in prison after pleading guilty to Distribution of Child Pornography.
The defendants’ federal incarceration will be consecutive to any sentence they receive for pending state charges of child molestation. In addition, Smith must serve 20 years of supervised release after completion of her 30-year federal prison sentence, and Clayton must serve 15 years of supervised release after completion of her sentence. There is no parole in the federal system.
“The prison time meted out to these defendants will protect our community for decades, though it pales in comparison to the lifetime of pain these vulnerable victims likely will endure,” said U.S. Attorney Christine.
According to court documents and testimony, Smith produced sexually explicit photos of minor children, and Clayton distributed images and videos of child pornography to others. Related charges against a third defendant are pending.
“These predators have stolen the innocence of these children, forcing them to be re-victimized every time those horrific images are viewed,” said acting Special Agent in Charge Robert Hammer, who oversees HSI operations in Georgia and Alabama. “HSI Atlanta will continue to prioritize our investigations and work with our partners to protect our youth.”
The case was investigated by Homeland Security Investigations, the Savannah Police Department and the Effingham County Sheriff’s Office, and prosecuted for the United States by Assistant U.S. Attorney Marcela C. Mateo and Special Assistant U.S. Attorney Katelyn Semales.
Two Sentenced for Liberty County Federal ViolationsRead the Press Release
BEAUMONT, Texas – Two Texas men have been sentenced to federal prison for drug and gun violations in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown today.
Tommy Joe Tomlin, 48, of Lubbock, pleaded guilty on Aug. 15, 2019, to possession with intent to distribute methamphetamine and possession of a firearm during a drug trafficking crime and was sentenced to 120 months in federal prison for the drug trafficking violation and 60 months for the firearms violation. Tomlin was sentenced today by U.S. District Judge Marcia A. Crone. Judge Crone ordered the sentences to run consecutively for a total of 180 months in federal prison.
Patrick Ray Glenn, 35, of San Antonio, pleaded guilty on July 31, 2019, to being a felon in possession of a firearm and was sentenced to 110 months in federal prison today by U.S. District Judge Marcia A. Crone.
According to information presented in court, in February 2019, Tomlin and Glenn, both convicted felons and members of the Aryan Brotherhood of Texas, were arrested in Cleveland, Texas following a drug transaction at an area hotel.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Michelle S. Englade.
Two Poughkeepsie Men Sentenced for Selling Fentanyl That Led to the Deaths of at Least Four UsersRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that FRANK MOSS, a/k/a “Jigga,” a Poughkeepsie drug dealer whose fentanyl led to the overdose deaths of two women, was sentenced to almost 22 years in prison, and ARNOLD MELENDEZ, a/k/a “Frankie,” another Poughkeepsie drug dealer whose fentanyl led to the overdose deaths of two men, was sentenced to almost 16 years in prison, following their pleas of guilty to conspiracy to distribute and possess with the intent to distribute fentanyl. MOSS and MELENDEZ were sentenced on January 29, 2020, by U.S. District Judge Kenneth M. Karas and U.S. District Judge Vincent L. Briccetti, respectively.
According to the allegations in the Information to which MOSS pled guilty, public court filings, and statements made in court:
Beginning in February 2017 – right after being released from prison – MOSS agreed with others to sell fentanyl. By August 2017, MOSS was selling mixtures of fentanyl with the stamp “Go Time.” However, he switched to selling fentanyl with the stamp “No Days Off.” MOSS knew that “No Days Off” contained pure fentanyl, even warning one of his co-conspirators. One of MOSS’s co-conspirators learned that people – including himself – were overdosing on “No Days Off” and warned MOSS that people were “falling out,” which is a street term for overdosing. MOSS replied, “That’s what the people want.”
Not having heeded the warning, MOSS continued to sell “No Days Off.” Two of his customers, Aracelis Batista and Julie Mach, overdosed and died in August 2017 as a result of using MOSS’s fentanyl.
According to the allegations in the Information to which MELENDEZ pled guilty, public court filings, and statements made in court:
Beginning no later than December 2017 – the month after his most recent release from prison – MELENDEZ began selling fentanyl to customers in Poughkeepsie, New York, some of which he misrepresented to be heroin. On multiple occasions, MELENDEZ’s customers told MELENDEZ that users of his drugs were overdosing, and MELENDEZ continued to sell fentanyl. On at least one occasion, one of MELENDEZ’s customers told MELENDEZ, in substance and in part, that “his sh*t was killing people,” and MELENDEZ responded, in substance and in part, that “I don’t give a sh*t, it’s not my problem.”
Several of MELENDEZ’s customers – whether direct customers or customers of others who purchased drugs from MELENDEZ – overdosed on MELENDEZ’s drugs, but survived after the administration of naloxone. Two indirect customers – that is, customers of others who purchased drugs from MELENDEZ – overdosed and died after taking MELENDEZ’s drugs.
The MELENDEZ and MOSS cases are unrelated.
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In addition to his prison term, MOSS was ordered to serve five years of supervised release, and to forfeit $50,000 in criminal proceeds.
In addition to his prison term, MELENDEZ was ordered to serve five years of supervised release, and to forfeit $20,395 in criminal proceeds, as well as his right to a loaded firearm found at the time of his arrest.
Mr. Berman thanked the Drug Enforcement Administration and the Dutchess County Drug Task Force – which consists of the Dutchess County Sheriff’s Office, the City of Beacon Police Department, the Town of East Fishkill Police Department, the City of Poughkeepsie Police Department, the Town of Poughkeepsie Police Department, and the Town of Hyde Park Police Department – for their outstanding work on the investigations. This case is being handled by the Office’s White Plains Division. Assistant United States Attorney Michael D. Maimin is in charge of the prosecutions.
Two MS-13 Members Each Sentenced to 25 Years in Federal Prison for Participating in A Violent Racketeering Conspiracy, Including A MurderRead the Press Release
Baltimore, Maryland – Chief U.S. District Judge James K. Bredar sentenced MS-13 gang members, Francisco Ramirez Pena, a/k/a Tepo and Advertencia, age 25, of Edgewater, Maryland, and Edwin Ruiz Urrutia, a/k/a Sylvestre, age 21, of Silver Spring, Maryland, to 25 years each in federal prison, followed by five years of supervised release, on a federal racketeering charge related to their participation in a violent racketeering conspiracy, specifically MS-13, including a murder. An MS-13 associate, Darvin Guerra Zacarias, a/k/a Chapin, age 27, of Silver Spring, was sentenced to 10 years in federal prison, followed by three years of supervised release, for his role in the conspiracy to murder Victim 18. Ruiz Urrutia and Guerra Zacarias were sentenced today and Ramirez Pena was sentenced yesterday.
The sentences were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore Office; Chief Edward G. Hargis of the Frederick Police Department; Frederick County State’s Attorney J. Charles Smith, III; Chief Timothy J. Altomare of the Anne Arundel County Police Department; Anne Arundel County State’s Attorney Anne Colt Leitess; Chief Henry P. Stawinski III of the Prince George’s County Police Department; Prince George’s County State’s Attorney Aisha Braveboy; Chief Marcus Jones of the Montgomery County Police Department; and Montgomery County State’s Attorney John McCarthy.
“Federal, state, and local law enforcement will use all the tools at our disposal to arrest and prosecute MS-13 gang members who prey on our neighbors,” said U.S. Attorney Robert K. Hur. “We will not rest until we dismantle this organization and remove the criminals who terrorize our communities—including the Central American immigrant communities in Maryland. I urge anyone with information about MS-13’s criminal activities to call federal law enforcement. You can reach the FBI at 1-866-STP-MS13 or HSI at 1-866-DHS-2-ICE.”
“These sentences show that a membership in MS-13 usually ends where it should - behind bars for decades in a federal prison,” said Jennifer Boone, special agent in charge of the Baltimore Division of the FBI. “At the FBI, we are committed to staying in the fight until this plague is purged from our communities.”
“HSI is committed to investigating and disrupting the violence MS-13 perpetrates in our communities,” said John Eisert, Special Agent in Charge for HSI Baltimore.
MS-13 is a national and international gang composed primarily of immigrants or descendants from El Salvador and other Central American countries. Branches or “cliques” of MS-13, one of the largest street gangs in the United States, operate throughout Frederick County, Anne Arundel County, Prince George’s County, and Montgomery County, Maryland. From at least January 2017, Ramirez Pena, Ruiz Urrutia, and Guerra Zacarias were members and associates of the Fulton Locotes Salvatrucha clique of MS-13.
At all times of this conspiracy, members of MS-13 were expected to protect the name, reputation, and status of the gang from rival gang members and other persons. To protect the gang and to enhance its reputation, MS-13 members were expected to use any means necessary to force respect from those who showed disrespect, including acts of intimidation and violence. MS-13 had mottos consistent with its rules, beliefs, expectations and reputation including “mata, viola, controla,” which translates as, “kill, rape, control,” and “ver, oir y callar,” which means, “see nothing, hear nothing and say nothing.”
MS-13 members are required to commit acts of violence both to maintain membership and discipline within the gang, as well as against rival gang members. Participation in criminal activity by a member, particularly in violent acts directed at rival gangs or as directed by gang leadership, increase the respect accorded to that member, resulting in that member maintaining or increasing his position in the gang, and opens the door to a promotion to a leadership position. One of the principal rules of MS-13 is that its members must attack and kill rivals, often referred to as “chavalas,” whenever possible.
According to their plea agreements, Ramirez Pena, Ruiz Urrutia, and Guerra Zacarias conspired with other MS-13 members and associates to engage in racketeering activity, including a murder, conspiracies to commit murder, extortion, and drug trafficking, in order to further the interests of the gang.
Murder in Crownsville. In June 2017, MS-13 gang members believed that Victim 18 was an associate of the rival 18th Street gang. Guerra-Zacarias was present when gang members, including Ramirez Pena and Ruiz Urrutia, were talking about how to lure out Victim 18 in order to murder her. On the day of the murder, Guerra-Zacarias picked up MS-13 gang members, along with a female associate of the gang who was supposed to lure out Victim 18, and drove them to meet with Victim 18. The female got Victim 18 to enter Guerra-Zacarias’s car, at which point they drove to another location where Ramirez Pena and other MS-13 gang members entered the car and subdued Victim 18. Guerra-Zacarias then drove them all to a secluded area in Crownsville, Maryland, where other gang members, including Ruiz Urrutia had dug a grave and gathered weapons. Guerra-Zacarias dropped Victim 18 and the gang members off, then he and the female co-conspirator left. Victim 18 started screaming and gang members subdued her by choking her. Ramirez Pena, Ruiz Urrutia and other MS-13 gang members then dragged her to the site of the grave and all present attacked her with a machete and knives until she was dead. Victim 18’s body was then dismembered and buried in the grave.
In September 2017, investigators recovered Victim 18’s body from a clandestine grave in Crownsville, Maryland. The medical examiner found that the cause of death was homicide. The victim had suffered numerous blunt and sharp force traumas, her head had been severed, and her body cut into several pieces.
The murder of Victim 18 was intended to maintain and increase the status of MS-13 and allow members to maintain or increase their status within the gang.
Drug Distribution. As stated in their plea agreements, members of the Fulton clique, including Ramirez Pena and Ruiz Urrutia, also conspired to distribute marijuana. As a part of that conspiracy, gang members would obtain bulk quantities of marijuana and then break it up for distribution. At least a portion of the proceeds from the drug sales would go to the gang to further its objectives. It was reasonably foreseeable to the defendants that the conspiracy would distribute at least five kilograms of marijuana.
A total of 29 defendants have been charged in this case with participating in a racketeering conspiracy and/or other crimes related to their association with MS-13, including 18 defendants charged in the fifth superseding indictment filed on October 21, 2019. A total of 13 defendants have pleaded guilty to crimes related to their participation in MS-13 gang activities.
Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. The FBI and Homeland Security Investigations both have nationwide tiplines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.
United States Attorney Robert K. Hur commended the FBI; HSI; the Frederick Police Department; the Anne Arundel, Montgomery, and Prince George’s County Police Departments; and the Anne Arundel, Frederick, Montgomery, and Prince George’s County State’s Attorneys for their work in the investigation, and recognized the Baltimore County Police Department for its assistance. Mr. Hur thanked Assistant U.S. Attorneys Kenneth S. Clark, Catherine K. Dick, and Matthew DellaBetta, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
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Two Eastern Kentucky Men Sentenced for KidnappingRead the Press Release
LONDON, Ky. - Two men from Whitley and Laurel Counties were sentenced in federal court on Tuesday, by U.S. District Judge Claria Horn Boom, after previously pleading guilty to kidnapping charges.
Gene Jones II, 40, of East Bernstadt, Kentucky, was sentenced to 235 months, and Nigel Medlin, 28, of Rockholds, Ky., was sentenced to 220 months.
According to their plea agreements, on April 2, 2017, Medlin, Sean Fredrick, 33, a second defendant, and a third defendant, Eric Wayne Collins, 34, kidnapped three victims, for the purpose of assaulting one victim because of a missing truck. Medlin admitted to contacting the victim through Facebook Messenger and arranging a meeting in the Walmart parking lot in London, by pretending to buy methamphetamine. The three admitted to waiting on the victim, who arrived to the parking lot with two others. Medlin and others approached the three victims and instructed one to get in the backseat of the vehicle, then sitting on either side. They instructed one of the other victims to drive the vehicle down I-75, to Jones’ residence in Laurel County.
At Jones’ residence, Collins and Medlin took the victims to a house behind Jones’ house, where they tied and bound one victim. Collins, Fredrick, Jones, and Medlin all took turns physically assaulting the victim, breaking his jaw and hanging a metal logging chain around his neck; Collins then admitted to using pliers to pull several of his teeth. They also forced the victim to ingest the meth that he had brought to sell.
The four defendants told the victims that, if they went to the police or told anyone about what had happened, they would kill them.
Fredrick pleaded guilty in March 2019. Collins and Medlin pleaded guilty in July 2019. Jones pleaded guilty in August 2019. Fredrick is scheduled to be sentenced on April 14, 2020, and Collins is scheduled to be sentenced on May 12, 2020.
Under federal law, the defendants must serve 85 percent of their prison sentences and will be under the supervision of the U.S. Probation Office for five years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Tommy Estevan, Acting Special Agent in Charge for ATF, jointly made the announcement.
The investigation was directed by the ATF. The United States was represented by Assistant U.S. Attorney Sam Dotson.
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.
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 Eastern District of Kentucky, U.S. Attorney Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
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Turlock Drug Dealers Sentenced to Prison for Methamphetamine DistributionRead the Press Release
FRESNO, Calif. — Turlock residents Joseph Wayne Attaway, 33, and Edmond Hormozi, 51, were sentenced today by U.S. District Judge Dale A. Drozd for methamphetamine trafficking, U.S. Attorney McGregor W. Scott announced.
Attaway was sentenced to 17 years in prison and Hormozi was sentenced to 10 and a half years in prison. On Oct. 31, 2019, a federal jury found Attaway and Hormozi guilty of one count of conspiracy to distribute and possess with intent to distribute methamphetamine and two counts of distribution of methamphetamine.
According to evidence presented at trial, Attaway and Hormozi were a source of methamphetamine supply for co-defendant Kasper Kasperian, 52, of Modesto, California. A confidential source working with the FBI purchased approximately 4 pounds of methamphetamine from Kasperian on two occasions. Agents saw Attaway and Hormozi meet with Kasperian immediately before and after each drug deal. Recorded meetings and intercepted communications revealed that Attaway and Hormozi would deliver several pounds of methamphetamine to Kasperian, and after Kasperian sold the drugs to the confidential source, Attaway and Hormozi would immediately collect the money from Kasperian.
Kasperian pleaded guilty and is scheduled to be sentenced on May 5.
This case is the product of an investigation by the Federal Bureau of Investigation, the Central Valley Gang Impact Team (CVGIT), the Modesto Police Department, the Turlock Police Department, the California Highway Patrol, the Stanislaus County Sheriff’s Office, and Stanislaus County Probation. Assistant U.S. Attorneys Melanie L. Alsworth and Geoffrey D. Wilson are prosecuting the case.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF Program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Troy Felon Admits Possessing a Loaded Firearm in Furtherance of Drug TraffickingRead the Press Release
ALBANY, NEW YORK – Dyshawn Fisher, age 25, of Troy, New York, pled guilty today to possessing and intending to distribute marijuana, possessing a firearm as a felon, and possessing a firearm in furtherance of a drug trafficking crime.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Fisher, who has a prior felony conviction for attempted burglary, admitted that on June 5, 2018, while distributing marijuana out of a residence in Troy, he fired multiple shots down the street in order to protect his marijuana distribution operation. Fisher further admitted to possessing the marijuana that was recovered from inside the residence, and that he intended to sell that marijuana.
Fisher faces at least 5 years and up to life in prison, a fine of up to $250,000, and a term of post-release supervision of up to 5 years, when he is sentenced by Senior United States District Judge Gary L. Sharpe on June 18, 2020. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Ashlyn Miranda.
Texas Businessman Sentenced to 70 Months in Prison for Role in Venezuela Bribery Scheme and Obstruction of JusticeRead the Press Release
A former procurement officer of Venezuela’s state-owned and state-controlled energy company, Petroleos de Venezuela S.A. (PDVSA), was sentenced to 70 months in prison followed by three years of supervised release today for laundering the proceeds of a corrupt scheme to secure contracts from PDVSA through bribery, underreporting income on his tax return and obstructing the government’s investigation into bribes paid by the owner of U.S.-based companies to Venezuelan government officials in exchange for securing additional business with Citgo Petroleum Corporation, a Houston-based PDVSA subsidiary.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ryan K. Patrick of the Southern District of Texas and Special Agent in Charge Mark Dawson of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Houston made the announcement.
Alfonzo Eliezer Gravina Munoz (Gravina), 57, of Katy, Texas, was sentenced by U.S. District Judge Gray H. Miller of the Southern District of Texas. Judge Miller also ordered Gravina to pay restitution to the IRS in the amount of $214,849.21. Judge Miller previously entered a final order of forfeiture on May 17, 2017, after Gravina forfeited $590,446 in connection with this case. Gravina pleaded guilty on Dec. 10, 2015, to one count of conspiracy to commit money laundering and one count of making false statements in connection with a tax return. Based on his actions after entry of his guilty plea in 2015, Gravina was indicted on Nov. 15, 2018, on one count of conspiracy to obstruct an official proceeding, to which he pleaded guilty on Dec. 10, 2018.
According to admissions made in connection with Gravina’s December 2015 plea, Gravina accepted bribes from U.S.-based businessmen Abraham Jose Shiera Bastidas (Shiera) and Roberto Enrique Rincon Fernandez (Rincon) while employed as a purchasing manager at PDVSA. This ensured that Shiera’s and Rincon’s companies were placed on PDVSA bidding panels, which enabled the companies to win lucrative energy contracts with PDVSA. Gravina admitted that he accepted over $590,000 in bribes from 2007 to 2014. In order to conceal the corrupt payments, Rincon and Shiera transferred funds to Gravina from accounts they controlled outside of the United States to accounts in the names of Gravina’s associates and relatives. Gravina admitted that he did not report the bribe payments he received from Rincon, Shiera and others as income on his 2010 tax return, thus underreporting his income. Rincon and Shiera have also pleaded guilty and await sentencing.
After his plea in December 2015, Gravina met periodically with HSI agents to provide information regarding corruption at PDVSA. Gravina admitted that, during interviews with the government, he concealed facts about bribe payments to officials at Citgo Petroleum Corporation and, at the same time, he provided details about the government’s investigation to a subject of the investigation, including about the topics discussed during Gravina’s meetings with the government. This passing of information led to the destruction of evidence and to the subject’s attempt to flee the United States in July 2018.
Gravina is the seventh defendant to be sentenced by Judge Miller as part of a larger, ongoing investigation by the U.S. government into bribery at PDVSA. Including Gravina, Rincon and Shiera, to date, the Justice Department has announced charges against 26 individuals, 20 of whom have pleaded guilty in connection with the investigation.
HSI in Houston is conducting the ongoing investigation with assistance from HSI in Boston and IRS Criminal Investigation. Trial Attorneys Jeremy R. Sanders, Sarah E. Edwards and Sonali D. Patel of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys John Pearson and Robert S. Johnson of the Southern District of Texas are prosecuting the case. Assistant U.S. Attorney Kristine Rollinson of the Southern District of Texas is handling the forfeiture aspects of the case.
The Criminal Division’s Office of International Affairs and the Swiss Federal Office of Justice also provided assistance.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
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.
Tahlequah Man Pleads Guilty to Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Haskell Doak Willis, age 65, of Tahlequah, Oklahoma, entered a guilty plea to Felon In Possession Of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both.
The Indictment alleged that on or about August 26, 2019, in the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, did knowingly possess in and affecting commerce, a firearm which had been shipped and transported in interstate commerce.
The charges arose from an investigation by the Tahlequah Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Shannon Henson represented the United States.
Thirty Indicted for Drug TraffickingRead the Press Release
DENVER – United States Attorney Jason R. Dunn, along with federal, state, and local partners, today announced that 30 defendants were indicted in two federal grand jury indictments for trafficking drugs, including methamphetamine, cocaine, heroin, and fentanyl. Of the 30 defendants indicted, 24 have been arrested and one is in state custody on a separate charge. Four others are in Mexico and one is at large in the United States. The FBI, Homeland Security Investigations, Immigrations and Customs Enforcement, Internal Revenue Service—Criminal Investigation, the Drug Enforcement Administration, the Douglas County Sheriff and the Aurora Police Department all joined in the announcement.
According to the indictments and other court documents, following an investigation that began in late 2018, agents seized approximately 400 pounds of methamphetamine, 5 pounds of heroin, 4 pounds of cocaine, and 15,000 fentanyl pills, which were disguised to look like prescription oxycodone.
The arrests included more than two dozen suspected members of a Mexican drug trafficking organization based in Denver, including one, Candelaria Vallejo-Gallo, who is being charged with operating a Continuing Criminal Enterprise (CCE), otherwise known as being charged as a Drug Kingpin. To be considered a Drug Kingpin, the individual has to violate the Controlled Substances Act as part of a series of related or ongoing violations. Additionally, the defendant must be an organizer, supervisor, or manager of at least five other persons connected in the same activity, and obtain substantial income or resources from the series of violations. If convicted of being a Drug Kingpin, Vallejo-Gallo faces not less than 20 years, and up to life in federal prison. Vallejo-Gallo is a Mexican national.
In addition to the drug trafficking charges, at least one defendant is charged with carrying a firearm in furtherance of the drug conspiracy.
“This is a very significant operation that took a massive amount of drugs and a large number of drug traffickers off our streets,” said United States Attorney Jason R. Dunn. “I want to commend the work of the FBI for their outstanding investigation, as well as for their tactical operation last week in apprehending this large number of defendants without incident. I also want to thank the other law enforcement agencies that participated in this operation and the arrests. Colorado’s law enforcement community is second to none in terms of our ability to work collaboratively to ensure that criminals are apprehended and that the best interests of the public are always our controlling objective.”
“The combined efforts of the FBI, Drug Enforcement Administration, Homeland Security Investigations, Immigration and Customs Enforcement, Internal Revenue Service, Douglas County Sheriff’s Office, Colorado State Patrol, Aurora PD, and a multitude of other law enforcement agencies resulted in the FBI OCDETF Strike Force Group taking a significant drug trafficking organization off the streets of Denver and Aurora,” said FBI Denver Special Agent in Charge Dean Phillips. “Thanks to these partnerships, our community and children are safer.”
"This indictment reflects the hard work of our special agents and law enforcement partners who worked diligently over the last year to investigate the Vallejo Drug Trafficking Organization and bring them to justice,” said Assistant Special Agent in Charge, Homeland Security Investigations, Denver, Stephanie Lord Eisert. “Homeland Security Investigations remains committed to targeting the flow of money which fuels transnational organized crime, and we will continue to aggressively pursue those that enable the flow of deadly narcotics into our communities."
“IRS-CI has and will continue to investigate drug traffickers by pursuing sophisticated, high profile, income tax, currency-related, and money laundering charges against these criminals,” said Acting Special Agent in Charge, Amanda Prestegard.
This investigation was handled by the FBI, the DEA, Homeland Security Investigations (HSI), Internal Revenue Service—Criminal Investigation, U.S. Immigration and Customs Enforcement, the Douglas County Sheriff, the Colorado State Patrol, and the Aurora Police Department.
The defendants are being prosecuted by Assistant U.S. Attorneys Cyrus Chung and Zachary Phillips.
The charges contained in the indictments are allegations and the defendants are presumed innocent unless or until proven guilty.
CASE NUMBERS: 20-cr-0028 and 20-cr-0025
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Steubenville man admits to drug conspiracyRead the Press Release
WHEELING, WEST VIRGINIA – Rashaan Donell Mukes, of Steubenville, Ohio, has admitted to his role in a cocaine, crack cocaine, heroin, and fentanyl distribution operation, U.S. Attorney Bill Powell announced.
Mukes, age 34, pled guilty to one count of “Conspiracy to Distribute Cocaine Hydrochloride, Cocaine Base, Heroin, and Fentanyl.” Mukes admitted to working with others to distribute cocaine, crack cocaine, heroin and fentanyl in Hancock County and elsewhere from February 2018 to August 2019.Mukes 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. Attorneys Danae DeMasi-Lemon and Robert H. McWilliams, Jr. are prosecuting the case on behalf of the government. The Drug Enforcement Administration; the Hancock-Brooke-Weirton Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the West Virginia State Police; the Marshall County Drug & Violent Crimes task Force, a HIDTA-funded initiative; The Ohio Valley Drug & Violent Crimes task Force, a HIDTA-funded initiative; the Jefferson County, Ohio, Drug & Violent Crimes Task Force; the Hancock County Sheriff’s Office; the Brooke County Sheriff’s Office; the Weirton Police Department; and the West Virginia Division of Natural Resources Police investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge James P. Mazzone presided.
State College Man Sentenced in West End Drug CaseRead the Press Release
PITTSBURGH - A resident of State College, PA, has been sentenced in federal court to time-served on his conviction for conspiracy to distribute heroin, United States Attorney Scott W. Brady announced today. The defendant had been detained pretrial on this charge since June of 2018.
Senior United States District Judge Arthur J. Schwab imposed the sentence on Charles Jones, 27, who has been incarcerated since June 20, 2018.
According to information presented to the court, in 2017, the Federal Bureau of Investigation and the Drug Enforcement Administration initiated a wiretap investigation, primarily targeting the GBK street gang and drug trafficking in and around an area known as the Greenway Projects, located in the West End of the City of Pittsburgh. The wiretap investigation revealed that from in and around November 2017 through in and around June 2018, Charles Jones and his co-conspirators conspired to distribute quantities of heroin.
Prior to imposing sentence, Senior Judge Schwab stated that the sentence was sufficient but not greater than necessary to achieve the goals of sentencing.
Assistant United States Attorneys Tonya Sulia Goodman and Yvonne M. Saadi prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation and the Drug Enforcement Administration along with the Pittsburgh Bureau of Police, Allegheny County Sheriff’s Office, Pennsylvania State Police, Robinson Township Police Department, Stowe Township Police Department, Pennsylvania Attorney General’s Office, Wilkinsburg Borough Police Department, and the McKees Rocks Police Department for the investigation leading to the successful prosecution of Jones.
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.
Schertz Man Indicted for Kidnapping, Child ExploitationRead the Press Release
In San Antonio, a 34-year-old Schertz, TX, resident waived his arraignment, thus pleading not guilty to charge involving kidnapping and child exploitation, announced U.S. Attorney John F. Bash and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
Yesterday, Kraig David Van Winkle filed a waiver of arraignment with the Court. In response, the Court filed an automatic plea of not guilty on behalf of the defendant to charges contained in a federal grand jury indictment returned on February 5, 2020, namely one count of transportation of a minor with intent to engage in criminal sexual activity and one count of interstate kidnapping of a minor.
According to court documents filed in this case, two weeks after meeting a 13-year-old child online, Van Winkle allegedly left Schertz on January 8, 2020, and traveled out of state to meet the child. He then kidnapped and transported the child back to his residence in Schertz with the intent of engaging in sexual activity. After the child was reported missing, tips from the public lead authorities to Van Winkle.
FBI personnel arrested Van Winkle at his residence on January 11, 2020, and rescued the child victim.
Upon conviction, Van Winkle faces up to 20 years in federal prison for the kidnapping charge and a minimum of ten years to life imprisonment for the transportation with intent to engage in sexual activity charge. Van Winkle remains in federal custody.
The San Antonio FBI Child Exploitation and Human Trafficking Task Force, which includes the San Antonio Police Department and the Bexar County Sheriff’s Office, investigated this case with assistance from FBI Little Rock and the Springdale Police Department in Springdale, Arkansas. Assistant U.S. Attorney Tracy Thompson is prosecuting this case on behalf of the government.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Saugus Woman Indicted for Wire Fraud and Aggravated Identity TheftRead the Press Release
BOSTON – A Saugus woman was indicted yesterday in connection with a scheme to defraud her elderly uncle of his life’s savings.
Jayne Carbone, 52, was indicted on four counts of wire fraud and four counts of aggravated identity theft. Carbone was arrested in December 2019.
According to the indictment, between approximately January 2017 and September 2018, Carbone stole over $400,000 from her elderly uncle, whose personal finances she managed. It is alleged that she fraudulently withdrew funds from his brokerage account and transferred funds from his personal checking account to bank accounts held by Carbone and members of her immediate family for personal use. To further and conceal the scheme, Carbone allegedly provided her uncle with falsified statements for his accounts reflecting inflated balances.
The charge of wire fraud provides for a sentence of up to 20 years in prison, up to three years of supervised release, and a fine of up to $250,000 or twice the gross gain or loss from the offense. The charge of aggravated identity theft carries a mandatory sentence of two years in prison to be consecutive to any other sentence imposed, up to one year of supervised release, and a fine of up to $250,000 or twice the gross gain or loss from the offense. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service made the announcement today. Assistant U.S. Attorney Leslie A. Wright of Lelling’s Securities and Financial Fraud Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
San Gabriel Valley Man Agrees to Plead Guilty to Conspiracy and Tax Evasion Charges in $147 Million Mining and Digital Currency FraudRead the Press Release
LOS ANGELES – A Bradbury man has agreed to plead guilty to federal criminal charges that he falsely promised profits to more than 70,000 victim investors worldwide in a scheme where a multinational company issued a sham digital currency purportedly asset-backed by billions of dollars’ worth of amber and other precious gemstones.
Steve Chen, 62, a.k.a. “Li Chen” and “Boss,” agreed to plead guilty to one count of conspiracy to commit wire fraud and one count of tax evasion. The criminal information and plea agreement in this case was filed late Tuesday in United States District Court, and Chen is scheduled to make his first court appearance in this case on March 10.
According to his plea agreement, Chen was the owner and chief executive officer of U.S. Fine Investment Arts, Inc. (USFIA), and six other companies that used the same Arcadia address. From July 2013 until September 2015, Chen fraudulently promoted and solicited USFIA investments, and he ultimately obtained approximately $147 million from victim-investors.
Chen admitted in his plea agreement that he falsely promoted USFIA as a successful multi-level marketing company that extracted amber and other gemstones from non-existent mines it “owned” in the United States, the Dominican Republic, Argentina and Mexico. Investors were duped into buying USFIA investments in amounts ranging between $1,000 and $30,000 each, court documents state. These “packages” purportedly were comprised of amber and other gemstones, as well USFIA “points,” which could be converted to USFIA shares when the company had its IPO in the near future. Chen admitted that he never intended for USFIA to have an IPO.
USFIA also offered other bonuses – including cash, travel, luxury cars, homes in the Los Angeles area, and EB-5 visas for immigrant investors – to investors who recruited other people to purchase these “packages,” Chen admitted.
Beginning in September 2014, Chen and others altered the promotion by substituting quantities of “Gem Coins” instead of points. They falsely promoted these “coins” as a legitimate digital currency backed by the company’s gemstone holdings. Chen also falsely represented that these “coins” already were in wide circulation in the jewelry and finance industries.
Chen also admitted that the company did not generate any significant revenue from its business operations, apart from sales of investment packages to victim-investors. The amber and other gemstones provided in the investment packages – including those displayed at USFIA’s Arcadia headquarters – were obtained from domestic and foreign commercial suppliers, assigned grossly inflated prices, and worth much less than what investors paid USFIA for them. Chen admitted that “Gem Coins” had no circulation in any industry, were not accepted by any merchants, and had no economic value.
“Mr. Chen’s promises to investors were as worthless as his non-existent mines and phony digital currency,” said United States Attorney Nick Hanna. “This case should remind all investors that trappings of success may convey legitimacy, but everyone should exercise extreme care when considering giving hard-earned money to any outfit promoting trendy products and extravagant profits.”
“Mr. Chen lured victim investors around the globe by creating a mirage made of fashionable cryptocurrency features and dynamic marketing tactics,” said Paul Delacourt, the Assistant Director in Charge of the FBI's Los Angeles Field Office. “The investing public should be aware that cryptocurrency schemes are more prevalent and more sophisticated than ever, but those who perpetrate them use the same tactics as con-artists always have - by convincing investors to risk their money in the bank based on false promises of imminent wealth.”
Chen also admitted to attempting to evade payment of federal income taxes. He reported gross income for 2014 was $138,015, when in fact his income for that year was approximately $4,816,193, upon which Chen owed $1,885,094 – before interest and penalties.
Once he pleads guilty, Chen will face a statutory maximum sentence of 10 years in federal prison.
“Steven Chen defrauded thousands of victims in order to fund his extravagant lifestyle. Chen funneled $4,816,193 of his ill-gotten gains to purchase homes and fund his gambling habit. Chen's criminal activity did not stop with stealing from his victims. Chen also defrauded the government of $1,885,094 in taxes. IRS-CI used its financial investigative expertise and critical law enforcement partnerships to untangle the web created by Chen and bring him to justice,” said Ryan L. Korner, Special Agent in Charge.
Leonard Stacy Johnson, 53, of Huntington Beach, who worked at Chen’s direction in promoting USFIA and Gem Coins, pleaded guilty in July 2019 to one count of tax evasion and one count of making a false statement on an immigration document. Johnson is scheduled to be sentenced on June 22.
The Securities and Exchange Commission successfully brought an enforcement action against Chen, USFIA, and 12 other Chen-controlled entities. A receiver has been appointed by a court in that matter, and maintains a website for victims at: http://usfiareceiver.com/
This matter was investigated by the FBI, IRS-Criminal Investigation, and Homeland Security Investigations.
This case is being prosecuted by Assistant United States Attorneys Richard E. Robinson and Katherine A. Rykken of the Major Frauds Section.
Sallisaw Woman Pleads Guilty to Misprision of A FelonyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Judith Gay Jackson, age 70, of Sallisaw, Oklahoma, entered a guilty plea to Misprision of a Felony, in violation of Title 18, United States Code, Section 4, punishable by not more than 3 years imprisonment, a fine up to $250,000.00 or both.
The Information alleged that between on or about October 9, 2018 and January 7, 2019, in the Eastern District of Oklahoma, the defendant, having knowledge of the actual commission of a felony cognizable by a court of the United States, did conceal the same by destroying a packet of counterfeit United States Federal Reserve Notes, and did not as soon as possible make known the same to some judge or other person in civil or military authority under the United States.
The charges arose from an investigation by the Sallisaw Police Department and the United States Secret Service.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Clay Compton represented the United States.
Rochester Felon Pleads Guilty to Gun and Drug ChargesRead 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 Robert E. Tillard, 35, of Rochester, NY, pleaded guilty to being a felon in possession of a firearm, and to possessing marijuana with intent to distribute it, before Chief U.S. District Judge Frank P. Geraci, Jr. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that on February 25, 2017, Rochester Police officers, having observed a traffic violation, attempted to pull over the car Tillard was driving. The defendant eventually stopped the car on Flint Street, where he exited the car and ran. As Tillard ran from the police, he threw a 9mm handgun to the ground. Upon apprehending Tillard, the officers also discovered approximately 56 small plastic baggies of marijuana in his pocket.
In 2008, Tillard was convicted of a drug charge in Monroe County Court. As a result, he is legally prohibited from possessing a firearm.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary.
Sentencing is scheduled for May 26, 2020, at 3:00 p.m. before Chief Judge Geraci.
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Ring leader of racketeering and money laundering conspiracy sentenced to 108 months in federal prisonRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today, Saul Rodriguez-Soto, 39, Indianapolis, was sentenced to 108 months in federal prison, by U.S. District Judge James R. Sweeney, in the federal courthouse in Indianapolis, for charges of racketeering and money laundering.
“Bulls Auto Enterprise was a criminal organization whose leader used his business as a sanctuary to perpetrate an elaborate and interrelated scheme to launder money and affect interstate commerce,” said Minkler. “Our message to other businesses whose model is to operate and profit from the illegal drug trade is simple. We stand ready to enforce federal laws to shut your business down and move you to the Federal Bureau of Prisons.”
Saul Rodriguez-Soto operated SR Bulls Auto Sales LLC located at 2302 E. Washington Street, Indianapolis, Indiana; Bulls Auto Sales II Inc. located at 3919 W. Washington Street, Indianapolis, Indiana; and Chicago Auto Sales LLC located at 2233 E. Washington Street, Indianapolis, Indiana. Rodriguez-Soto, SR Bulls Auto Sales LLC, Bulls Auto Sales II Inc. and Chicago Auto Sales LLC were members and associates of the Bulls Auto Enterprise, a criminal organization whose members and associates engaged in money laundering and other criminal violations.
The objectives of Rodriguez-Soto and the Bulls Auto Enterprise included funding the business through, among other things, money laundering, attempted currency reporting violations, and currency reporting violations for financial gain. Rodriguez-Soto and the Bulls Auto Enterprise engaged in financial transactions with the proceeds of illegal drug trafficking. Specifically, drug traffickers would purchase vehicles from the Bulls Auto Enterprise using drug proceeds. Rodriguez-Soto concealed the ownership of those vehicles by titling the vehicles in another individual’s name and avoid the currency reporting requirements.
Rodriguez-Soto was the organizer and manager of the Bulls Auto Enterprise. Toward that end, he taught others in the enterprise to knowingly avoid the currency reporting requirements and to falsify the car sales paperwork on cars knowingly sold to drug traffickers, so as to conceal the actual purchaser of the car and to inaccurately reflect that there were liens on the cars sold to drug traffickers.
Others involved in the Bulls Auto Enterprise have already been sentenced or are a wanted fugitive.
- Alejandro Rodriguez Soto sentenced June 7th, 2019 to five months’ imprisonment and three years’ supervised release.
- Abel Rodriguez sentenced September 13th, 2019 to 18 months’ imprisonment and three years’ supervised release.
- Jasmin Kay Pottorff sentenced October 4th, 2018 to time served and three years’ supervised release.
- Octavio Mojica Gutierrez sentenced August 9th, 2019 to 92 months’ imprisonment and three years’ supervised release.
- Juan Rodriguez is a wanted fugitive.
This case was the result of an investigation by the Internal Revenue Service, Indianapolis Metropolitan Police Department, Indiana State Police, Homeland Security Investigations and the Federal Bureau of Investigation.
“The laundering of illegal drug profits is as important and essential to drug traffickers as the distribution of their illegal drugs,” said Kathy Enstrom, IRS-CI Special Agent in Charge, Chicago Field Office. “Today’s sentencing reinforces that IRS Criminal Investigation is dedicated to finding individuals who are involved in these laundering schemes and holding them responsible. We would like to thank the United States Attorney’s Office and our law enforcement partners at Indianapolis Metropolitan Police Department, Indiana State Police, Homeland Security Investigations, and the Federal Bureau of Investigation for their hard work and cooperation in this investigation.”
“To disrupt the sale of illegal drugs, that often is the impetus for violence, the Indianapolis Metropolitan Police Department and our law enforcement partners will continue to use focused law enforcement strategies to identify and hold accountable those contributing to these types of criminal enterprises,” said Chief Randal Taylor. “Special thank you to IMPD's investigators and investigators from the Internal Revenue Service, Indiana State Police, Homeland Security Investigations, and the Federal Bureau of Investigations who worked tirelessly on the successful completion of this case.”
“I am extremely proud of the work our investigators conducted in collaboration with their colleagues from the FBI, IRS, Homeland Security Investigations and the Indianapolis Metropolitan Police Department,” said Indiana State Police Superintendent Doug Carter. “The results of this case re-iterate our continued commitment to suppress this type of criminal activity and ultimately hold those who perpetrate these crimes accountable for their actions.”
“With the sentencing of the leader of this group the message is loud and clear – if your business includes enabling drug traffickers to move their product and laundering their dirty money - the FBI and our law enforcement partners will aggressively work to identify you and ensure you pay the price for your fraudulent schemes,” said Special Agent in Charge Grant Mendenhall, FBI Indianapolis.
According to Assistant United States Attorney Michelle Brady, who prosecuted this case for the government, Rodriguez-Soto will serve 108 months imprisonment and three years of supervised release following his sentence.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s commitment to prosecute organizations and individuals distributing cocaine, marijuana, and other controlled substances. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 3.3.
Pennsylvania Nursing Home Chain to Pay $15.5 Million to Settle False Claims Act Allegations of Inappropriate TherapyRead the Press Release
PITTSBURGH – United States Attorney Scott W. Brady announced today that Guardian Elder Care Holdings, Inc. and its related companies will pay $15,466,278 to settle claims that the skilled nursing home chain provided medically unnecessary rehabilitation therapy to residents in order to meet revenue goals, instead of clinical needs. Guardian Elder Care, headquartered in Brockway, operates more than 50 facilities throughout Pennsylvania—including locations in Allegheny, Beaver, Clearfield, Fayette, Indiana, Jefferson, McKean and Westmoreland counties— as well as Ohio and West Virginia.
The settlement resolves allegations in a whistleblower complaint filed in federal court in the Eastern District of Pennsylvania under the qui tam provisions of the False Claims Act. These provisions allow private citizens to bring civil actions on behalf of the United States and share in any recovery. The whistleblowers, Philippa Krauss and Julie White, will share approximately $2.8 million of the recovery between them. Guardian Elder Care formerly employed both of these whistleblowers.
The whistleblowers generally alleged that Guardian Elder Care pressured its rehabilitation therapists to provide services to meet financial targets and maximize revenue without regard to clinical need. For example, they alleged that certain patients suffered from dementia and did not need or want rehabilitation therapy, but Guardian Elder Care allegedly pressured therapists to provide those services anyway to meet revenue goals.
Other patients were allegedly dying and receiving hospice care—and therefore had no medical need for intensive therapy—but Guardian Elder Care allegedly pressured therapists to treat those patients, as well, in order to meet the same financial goals. Today’s announced settlement agreement resolves the allegations arising from Guardian Elder Care’s facilities management practices from January 2011 through December 2017.
Additionally, while the government was investigating these allegations, Guardian Elder Care voluntarily disclosed that it had employed two people who were excluded from federal healthcare programs. The settlement therefore encompasses claims that Guardian Elder Care inappropriately received payment for services provided through these excluded persons during their term of exclusion. The public can search the government’s database of excluded providers at the website: https://exclusions.oig.hhs.gov/.
"Billing federal healthcare programs for medically unnecessary rehabilitation services not only depletes these programs’ funds but also exploits our most vulnerable citizens," said United States Attorney Brady. "Our office will continue to aggressively pursue providers who take advantage of our seniors by putting financial gain ahead of patient care."
"Too much rehabilitation therapy can actually harm patients, just like giving them too many pills or too much medicine," said United States Attorney William M. McSwain of the Eastern District of Pennsylvania. "And of course it harms taxpayers who foot the bill for unnecessary treatment. We thank Ms. Krauss and Ms. White for their role in bringing this alleged scheme to light. We also commend Guardian Elder Care for telling us about its employment of the excluded providers. It is in their best interest for companies to make voluntary disclosures and emphasize compliance going forward, as my Office will take this sort of cooperation into consideration when determining an appropriate resolution."
“Seniors rely on the Medicare program to provide them with appropriate care, and to ensure that they are treated with dignity and respect,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department will not tolerate nursing home operators that put their own economic gain ahead of the needs of their residents, and will continue to hold accountable those operators who bill Medicare for unnecessary rehabilitation services.”
"Protecting our beneficiaries from unnecessary services is a priority and we will not tolerate companies putting financial gain ahead of quality of care," said Maureen R. Dixon, Special Agent in Charge, Office of the Inspector General-U.S. Department of Health and Human Services (HHS-OIG). "HHS-OIG will continue to work with our partners at the Department of Justice and OPM-OIG to root out fraud, waste and abuse in the Medicare and Medicaid programs."
OPM OIG Deputy Assistant Inspector General for Investigations Thomas W. South, Deputy Assistant Inspector General for Investigations said, "Subjecting vulnerable patients to unnecessary treatments for financial gain is unconscionable. First and foremost, OPM OIG prioritizes protecting Federal employees and their dependents from patient harm. I am proud that we were able to work with our law enforcement partners to hold Guardian Elder Care accountable for their unscrupulous behavior."
In addition to the nearly $15.5 million payment, Guardian agreed to enter into a chain-wide Corporate Integrity Agreement with the U.S. Department of Health and Human Services Office of Inspector General. Such agreements promote compliance and protect vulnerable nursing home residents.
Assistant United States Attorney Rachael L. Mamula handled this case in the Western District of Pennsylvania working jointly with Assistant United States Attorneys Michael S. Macko and Scott W. Reid in the Eastern District of Pennsylvania and Susan Lynch, Senior Counsel for Elder Justice, of the Civil Fraud Section of the Department of Justice, and with investigative assistance from auditor Dawn Wiggins. The case was investigated by the U.S. Department of Health and Human Services Office of the Inspector General, and the U.S. Office of Personnel Management Office of Inspector General.
This case was supported by the Department of Justice’s Elder Justice and Nursing Home Initiative, which coordinates the Department’s activities combatting elder abuse, neglect, and financial exploitation, especially as they affect beneficiaries of Medicare, Medicaid, and other federal health care programs. For more information about the Department’s Elder Justice Initiative, see https://www.justice.gov/elderjustice/.
The case is docketed as United States ex rel. Krauss, et al. v. Guardian Elder Care Holdings, Inc., et al., Civil Action No. 3:15-cv-6850 (E.D. Pa.). There has been no determination of civil liability. The settled civil claims are allegations only.
Pennsylvania Nursing Home Chain to Pay $15.5 Million to Settle False Claims Act Allegations of Inappropriate TherapyRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced today that Guardian Elder Care Holdings, Inc., and its related companies will pay $15,466,278 to settle claims that the skilled nursing home chain provided medically unnecessary rehabilitation therapy to residents in order to meet revenue goals, instead of clinical needs. Guardian Elder Care operates more than fifty facilities throughout Pennsylvania—including locations in the Lehigh Valley, the Poconos, and Bucks County—as well as in Ohio and West Virginia.
The settlement resolves allegations in a whistleblower complaint filed in federal court in the Eastern District of Pennsylvania under the qui tam provisions of the False Claims Act. These provisions allow private citizens to bring civil actions on behalf of the United States and share in any recovery. The whistleblowers, Philippa Krauss and Julie White, will share approximately $2.8 million of the recovery between them. Guardian Elder Care formerly employed both of these whistleblowers.
The whistleblowers generally alleged that Guardian Elder Care pressured its rehabilitation therapists to provide services to meet financial targets and maximize revenue, without regard to clinical need. For example, they alleged that certain patients suffered from dementia and did not need or want rehabilitation therapy, but Guardian Elder Care allegedly pressured therapists to provide those services anyway to meet revenue goals.
Other patients were allegedly dying and receiving hospice care—and therefore had no medical need for intensive therapy—but Guardian Elder Care allegedly pressured therapists to treat those patients, as well, in order to meet the same financial goals. Today’s announced settlement agreement resolves the allegations arising from Guardian Elder Care’s facilities management practices from January 2011 through December 2017.
Additionally, while the government was investigating these allegations, Guardian Elder Care voluntarily disclosed that it had employed two people who were excluded from federal healthcare programs. The settlement therefore encompasses claims that Guardian Elder Care inappropriately received payment for services provided through these excluded persons during their term of exclusion. The public can search the government’s database of excluded providers on the website: http://exclusions.oig.hhs.gov/.
“Too much rehabilitation therapy can actually harm patients, just like giving them too many pills or too much medicine,” said U.S. Attorney McSwain. “And of course it harms taxpayers who foot the bill for unnecessary treatment. We thank Ms. Krauss and Ms. White for their role in bringing this alleged scheme to light. We also commend Guardian Elder Care for telling us about its employment of the excluded providers. It is in their best interest for companies to make voluntary disclosures and emphasize compliance going forward, as my Office will take this sort of cooperation into consideration when determining an appropriate resolution.”
“Seniors rely on the Medicare program to provide them with appropriate care, and to ensure that they are treated with dignity and respect,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department will not tolerate nursing home operators that put their own economic gain ahead of the needs of their residents, and will continue to hold accountable those operators who bill Medicare for unnecessary rehabilitation services.”
“Billing federal healthcare programs for medically unnecessary rehabilitation services not only depletes these programs’ funds but also exploits our most vulnerable citizens,” said U.S. Attorney Scott W. Brady of the Western District of Pennsylvania. “Our office will continue to aggressively pursue providers who take advantage of our seniors by putting financial gain ahead of patient care.”
“Protecting our beneficiaries from unnecessary services is a priority and we will not tolerate companies putting financial gain ahead of quality of care,” said Maureen R. Dixon, Special Agent in Charge, Office of the Inspector General-U.S. Department of Health and Human Services (HHS-OIG). “HHS-OIG will continue to work with our partners at the Department of Justice and OPM-OIG to root out fraud, waste and abuse in the Medicare and Medicaid programs.”
OPM OIG Deputy Assistant Inspector General for Investigations Thomas W. South, Deputy Assistant Inspector General for Investigations said: “Subjecting vulnerable patients to unnecessary treatments for financial gain is unconscionable. First and foremost, OPM OIG prioritizes protecting Federal employees and their dependents from patient harm. I am proud that we were able to work with our law enforcement partners to hold Guardian Elder Care accountable for their unscrupulous behavior.”
In addition to the nearly $15.5 million payment, Guardian agreed to enter into a chain-wide Corporate Integrity Agreement with the U.S. Department of Health and Human Services Office of Inspector General. Such agreements promote compliance and protect vulnerable nursing home residents.
Assistant United States Attorneys Michael S. Macko and Scott W. Reid handled the case in the Eastern District of Pennsylvania, with assistance from auditor Dawn Wiggins, and worked jointly with Assistant U.S. Attorney Rachael L. Mamula of the Western District of Pennsylvania and Susan Lynch, Senior Counsel for Elder Justice, of the Civil Fraud Section of the Department of Justice. The case was investigated by the U.S. Department of Health and Human Services Office of the Inspector General, and the U.S. Office of Personnel Management Office of Inspector General.
This case was supported by the Department of Justice’s Elder Justice and Nursing Home Initiative, which coordinates the Department’s activities combatting elder abuse, neglect, and financial exploitation, especially as they affect beneficiaries of Medicare, Medicaid, and other federal health care programs. The case was also a product of the Elder Justice Task Force of the United States Attorney’s Office for the Eastern District of Pennsylvania that launched four years ago. For more information about the Department’s Elder Justice Initiative and the Elder Justice Task Force, see https://www.justice.gov/elderjustice/.
The case is docketed as United States ex rel. Krauss v. Guardian Elder Care Holdings, Inc., et al., Civil Action No. 3:15-cv-6850 (E.D. Pa.). There has been no determination of civil liability. The settled civil claims are allegations only.
Paving Company Owner Charged with Tax FraudRead the Press Release
BOSTON – The owner of a Chelmsford paving company was charged today with a payroll tax scheme resulting in a $300,000 tax loss.
Robert W. Joyce, 59, of Carlisle, was charged with one count of willful failure to collect and pay over taxes. A plea hearing has not yet been scheduled.
It is alleged that for tax years 2012 through at least 2014, Joyce paid a portion of the wages to employees of his two companies, Allied Paving and Allied Equipment, “under the table.” He did so by paying them from his own personal bank account, rather than through the business accounts. In doing so, Joyce did not collect, account for, or pay the IRS the income withholding and FICA taxes that he, as the employer, was required to. Joyce also allegedly caused Allied Paving and Allied Equipment to file false returns with the IRS which underreported the actual wages he paid his employees, as well as the employment taxes due to the IRS. In total, Joyce caused a loss to the IRS of at least $331,060.
The charging statute provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000, or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorneys Sandra S. Bower and Sara Miron Bloom of Lelling’s Criminal Division are prosecuting the case.
Newberry Gang Member Detained on Federal Gun ChargeRead the Press Release
Greenville, South Carolina --- Acting United States Attorney A. Lance Crick announced today that Zachary Shakur Stephens, age 26, of Newberry, was arrested for being a felon in possession of a firearm and ammunition and has been detained following a hearing in federal court in Greenville.
The United States Attorney’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) secured a federal arrest warrant pursuant to a criminal complaint alleging Stephens had unlawfully possessed a firearm and ammunition. ATF, with the assistance of the Newberry County Sheriff’s Office and the South Carolina Law Enforcement Division, arrested Stephens the same day. He appeared in court for a preliminary hearing and to address the issue of bond. Stephens was ordered detained without bond pending resolution of the federal charge against him.
During the hearing, an ATF special agent informed the court that Stephens was involved in a traffic stop on October 31, 2019, and found to be in possession of a loaded firearm. Federal law prohibits Stephens from possessing firearms and ammunition due to a prior felony conviction for strong arm robbery. Stephens told investigators with the Newberry County Sheriff’s Office that he was a member of a gang and he carried a gun to protect himself from rival gang members living in Newberry County. At the time of the traffic stop, Stephens was out on bond for a state court weapons charge from August 2019 that also involved the possession of marijuana with intent to distribute.
As a result of the federal charge, Stephens faces a maximum term of imprisonment of 10 years. The offense listed in the arrest warrant is merely an allegation, and Stephens is presumed innocent unless and until proven guilty.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) initiative, 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. Assistant United States Attorney Justin Holloway of the Greenville office is prosecuting the case.
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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.
New Canaan Man Sentenced to Prison for Role in Compound Prescription Fraud SchemeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that KWASI GYAMBIBI, 41, of New Canaan, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 12 months of imprisonment, followed by one year of supervised release, for health care fraud.
According to court documents, statements made in court and the evidence presented during his trial last year, Advantage Pharmacy was a compounding pharmacy located in Hattiesburg, Mississippi. As a compounding pharmacy, Advantage created compound prescription drugs specifically tailored for individual patients who had a medical need for a compound drug, by mixing together individual ingredients in the exact strength and dosage prescribed by the health care provider to meet the unique needs of a patient. One tube of a compound drug cream prepared and dispensed by Advantage Pharmacy typically cost health care benefit programs thousands of dollars, and some individual tubes of cream cost more than $11,000 for a one-month supply. Gyambibi’s wife, Kakra Gyambibi is a physician who worked as a hospitalist at Stamford Hospital, and Kwasi Gyambibi acted as, and eventually became, a sales representative for Advantage Pharmacy.
In 2014 and 2015, Kwasi and Kakra Gyambibi engaged in a scheme to defraud the State of Connecticut Pharmacy Benefit Plan, TRICARE and other health care programs by submitting prescriptions for compound pharmacy medications prepared and dispensed by Advantage Pharmacy. Although the prescriptions sent to Advantage Pharmacy contained Kakra Gyambibi’s signature, Kakra Gyambibi did not treat, examine, or even meet with the patients for whom the prescriptions were written. Based on these false and misleading claims, the victim health care programs paid Advantage Pharmacy for the compound prescription drugs. Advantage Pharmacy, in tum, paid commissions of between 15 percent to 35 percent to sales representatives, including Kwasi Gyambibi’s close cousin, whom Kwasi Gyambibi considered his brother.
It is alleged that Kwasi and Kakra Gyambibi also induced the victim health care programs to pay Advantage Pharmacy more than $292,000 for their own compound prescription drugs.
The investigation has revealed that this scheme resulted in more than $1.6 million in losses to the victim health care programs.
Kwasi Gyambibi was arrested on an indictment on June 28, 2018. On January 9, 2019, a grand jury in New Haven returned a 19-count superseding indictment. On February 22, 2019, Kwasi Gyambibi was found guilty of two counts of health care fraud related to fraudulent prescriptions for compound drugs that were submitted to Advantage Pharmacy in March 2015, and found him not guilty of seven counts of health care fraud. The jury could not reach a verdict on the other 10 counts in the indictment.
Kwasi Gyambibi, who is released on a $100,000 bond, is required to report to prison on March 20, 2020.
On January 18, 2019, Kakra Gyambibi pleaded guilty to one count of conspiracy to commit healthcare fraud. On June 12, 2019, she was sentenced to three months of imprisonment.
Judge Meyer will issue a restitution order at a later date. The government is seeking $1,650,332.35 in restitution.
This investigation was conducted by the New Haven Division of the FBI. U.S. Attorney Durham thanked the Office of the Attorney General of the State of Connecticut, the U.S. Attorney’s Office for the Southern District of Mississippi, the U.S. Department of Justice’s Fraud Section, and the Jackson, Mississippi Division of the FBI for their assistance with the investigation.
This case was prosecuted by Assistant U.S. Attorneys David J. Sheldon and Christopher W. Schmeisser.
Nanticoke Man Sentenced to Seven Months’ Imprisonment for Export OffenseRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Mark Komoroski, age 57, of Nanticoke, Pennsylvania, was sentenced on February 14, 2020, to seven months’ imprisonment to be followed by two years’ supervised release, by United States District Court Judge Malachy E. Mannion, for violating federal export laws.
According to United States Attorney David J. Freed, Komoroski previously pleaded guilty to violating the International Emergency Economic Powers Act and related regulations. Komoroski admitted that in early 2016, he attempted to export two riflescopes to an individual in Russia even though he knew that the export licenses required by federal law had not been obtained.
This case was investigated by Homeland Security Investigations and the Department of Commerce. Assistant U.S. Attorney Carlo D. Marchioli is prosecuting the case.
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Moss Point Man Pleads Guilty to Hobbs Act RobberyRead the Press Release
Gulfport, Miss. – Antwone Malik Coleman Booker, 19, of Moss Point, pled guilty on February 19, 2020, before U.S. District Judge Halil S. Ozerden to “Hobbs Act” armed robbery, and using a firearm during a crime of violence, announced U.S. Attorney Mike Hurst and Special Agent in Charge Kurt Thielhorn with the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”).
In the early hours of August 15, 2019, in Moss Point, Antwone Malik Coleman Booker entered a Waffle House restaurant in Moss Point and pointed a black handgun at the cashier and demanded money. While the waitress was opening the cash register, Booker shot one round of ammunition from the firearm into the ceiling of the restaurant; and, after the waitress handed the money to Booker, he shot one additional round into the ceiling. Booker then fled the restaurant, but was arrested shortly thereafter.
Booker will be sentenced by Judge Ozerden on May 21, 2020, at 9:30 a.m., in Gulfport. He faces a maximum penalty of 20 years in prison for the robbery with at least 7 years added consecutively for use of a firearm in relation to a crime of violence.
The case was investigated by The Bureau of Alcohol, Tobacco, Firearms and Explosives, as well as the Moss Point, Ellisville, and Pascagoula Police Departments. It was prosecuted by Assistant U.S. Attorney Andrea Jones.
Montreal Man Sentenced for Attempting to Smuggle Firearms Parts into CanadaRead the Press Release
ALBANY, NEW YORK – Luc Emond, age 60, of Montreal, Canada, was sentenced today to 10 months in prison, and to pay a $3,000 fine, for attempting to smuggle pistol kits into Canada. The announcement was made by United States Attorney Grant C. Jaquith and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
In pleading guilty, Emond admitted to hiding the pistol kits in his car and attempting to smuggle them into Canada without first obtaining export licenses and completing other paperwork. Emond ordered the two pistol kits over the internet and had them delivered to him at a motel in Lake George, New York, to which he traveled from Canada in order to pick up the firearms kits and transport them to Canada.
This case was investigated by HSI, the Warren County Sheriff’s Office, and the Albany County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Emily C. Powers.
Montgomery County “Pill Mill” Doctor Sentenced to Four Years in Prison for Illegal Opioid DistributionRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Dr. Spiro Y. Kassis, 66, of Plymouth Township, PA was sentenced to 48 months’ incarceration, two years’ supervised release and a $25,000 fine by United States District Judge Gene E. K. Pratter after pleading guilty to 14 counts of distributing controlled substances outside the course of professional practice and without a legitimate medical purpose. Separately, in a related civil case which reached settlement in November 2019, the defendant agreed to pay $1.4 million to resolve similar allegations.
The defendant, who represented himself as a specialist in psychiatry and addiction medicine, operated medical offices in East Norriton Township, PA and Scranton, PA. He used those offices to operate a “prescription pill mill” whereby he sold medically unnecessary prescriptions for opioid drugs such as oxycodone and burprenorphine, as well as other controlled substances. Kassis sold prescriptions for dangerous and addictive drugs for approximately $200 cash. At the East Norriton office, Kassis saw approximately 45 patients per day, who lined up outside a back room where Kassis sat behind a desk. As each patient filed in, Kassis collected $200 cash, counted the money and placed it in a safe -- and then issued the requested prescriptions electronically to the patient’s pharmacy. Often, the defendant issued dangerous cocktails that included oxycodone, methadone, and buprenorphine, all to the same patient.
“My Office is committed to stopping drug dealing doctors like Kassis,” said U.S. Attorney McSwain. “As a physician, he was well aware of the inherently dangerous nature of the drugs he cavalierly handed out. Nevertheless, he took advantage of vulnerable people struggling with addiction, all the while sitting comfortably behind a desk, watching the money pile up.”
The case was investigated by the Drug Enforcement Agency; Federal Bureau of Investigation; Health and Human Services – Office of Inspector General; and Montgomery County Detective Bureau’s Narcotics Enforcement Team. It is being prosecuted by Assistant United States Attorney M. Beth Leahy, and Special Assistant United States Attorney James Price, who was cross-designated by the Montgomery County District Attorney for this prosecution. The related civil action is being handled by Assistant United States Attorney Anthony Scicchitano.
Mexican national sentenced to 120 months in federal prison for methamphetamine trafficking conspiracyRead the Press Release
ALBUQUERQUE, N.M. – Efrain Espinoza-Pena, 47, a Mexican national, was sentenced in federal court in Albuquerque yesterday to 120 months in prison for conspiracy, distribution, and possession with intent to distribute more than 33 pounds of methamphetamine.
Espinoza-Pena pleaded guilty to these offenses on July 3, 2018. According to public court records, he conspired with three other defendants to distribute methamphetamine in New Mexico from Oct. 9, 2016, to Feb. 9, 2017. Espinoza-Pena, and his wife and co-defendant, Cordelia Louisa Espinosa, 47, delivered about one pound of methamphetamine to an undercover federal agent at a casino on Dec. 7, 2016. The conspiracy also involved a sale of 31 pounds of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime on Feb. 9, 2017.
Another co-defendant, Hector Hugo Magana, 36, of Redwood City, California, pleaded guilty on July 20, 2018, to conspiracy and possession with intent to distribute methamphetamine. He received a sentence of 70 months in prison. Another co-defendant, Edgar Madrid-Rascon, 34, of Chihuahua, Mexico, pleaded guilty on Sept. 13, 2018, to conspiracy and distribution of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. He is awaiting sentencing. Cordelia Espinosa previously pleaded guilty on June 14, 2018, to conspiracy and distribution of methamphetamine. She received a sentence of 36 months in prison.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case. Assistant U.S. Attorneys Paul Mysliwiec and David Cowen are prosecuting the case.
Man from Navajo Nation sentenced to 71 months in federal prison for deadly drunk driving crashRead the Press Release
ALBUQUERQUE, N.M. – Tavis Washburn, 27, of Sanostee, N.M., was sentenced on Feb. 13 in federal court in Santa Fe, New Mexico to 71 months in prison for involuntary manslaughter and child abuse in Indian Country.
Washburn previously pleaded guilty to these offenses on July 12, 2019. In his plea agreement, Washburn admitted to committing the offenses on the Navajo Nation in San Juan County on Feb. 15, 2018. Washburn was speeding and driving while intoxicated with his brother and two-year-old son in the vehicle, when he crashed into another vehicle. As a result of the crash, Washburn’s brother was killed and Washburn’s son was injured.
The Farmington office of the FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Allison Jaros prosecuted the case.
Man from Navajo Nation sentenced to 33 months in prison for assault resulting in serious bodily injuryRead the Press Release
ALBUQUERQUE, N.M. – Ricky Thomas, 52, of Gallup, N.M., was sentenced on Feb. 13 in federal court in Albuquerque to 33 months in prison for assault resulting in serious bodily injury in Indian Country.
Thomas previously pleaded guilty to this offense on July 8, 2019. In his plea agreement, Thomas admitted to committing the assault on the Navajo Nation in McKinley County on September 15, 2018. Thomas pushed the victim off a porch, causing the victim to fall on his head. As a result of the assault, the victim suffered serious spinal cord injuries and is now quadriplegic.
The Gallup office of the FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Allison Jaros prosecuted the case.
Man Pleads Guilty to Federal Gun OffenseRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced that BERNARD BAKER, an Orleans Parish resident, pled guilty as charged on February 18, 2020 to a one-count indictment for being a Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g)(1).
At sentencing, BAKER faces up to a maximum term of imprisonment of ten (10) years, a maximum fine of up to $250,000, and up to 3 years of supervised release following any term of imprisonment.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safe for everyone. 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.
The case was investigated by the New Orleans Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Melissa Bücher of the Violent Crime/Strike Force Unit of the U.S. Attorney’s Office.
Leader of Deadly Fentanyl Distribution Ring Sentenced to 30 YearsRead the Press Release
Demarco Tempo, the architect of a heroin, crack cocaine, and fentanyl dealing operation that went by the name “Polo” and was described by several former customers as a “McDonald’s for drugs,” was sentenced to 30 years in federal prison for drug distributions resulting in several overdoses and the death of at least one victim, announced United States Attorney Matthew Schneider. Tempo was the last of thirteen convicted defendants in this conspiracy to be sentenced.
Schneider was joined in the announcement by Special Agent in Charge Keith Martin, Drug Enforcement Administration, Detroit Division and Commissioner William Dwyer, Warren Police Department.
“The drug dealers in this case had a complete disregard for life, and the heroin and fentanyl they sold killed a Michigan resident who was struggling with addiction,” said United States Attorney Matthew Schneider. “The life-saving efforts of the local police and first responders prevented numerous other senseless deaths. Now, with the architect of this drug dealing scheme behind bars for the next 30 years, people suffering from addiction will have a better chance at recovery.”
“The success of this investigation is a testament to collaboration between federal and local law enforcement partners in targeting and dismantling heroin distribution rings in Southeastern Michigan, stated Special Agent in Charge Martin. "Communities throughout the state need not worry about Mr. Tempo and his drug business for the next quarter century.”
According to court records, from 2012 through his arrest in June 2016, Tempo led the “Polo” organization, a group of drug traffickers on the east side of Detroit who sold heroin and crack cocaine all day, every day, to hundreds, if not thousands, of customers. The phone numbers used to contact “Polo” were well known and widely used in the surrounding areas: one fifteen-month period showed 416,934 contacts on the two main numbers, an average of more than 900 per day.
Around the beginning of 2016, Tempo and his co-conspirators began selling fentanyl mixed with—and sometimes substituted altogether for—heroin to unsuspecting customers. A rash of near-fatal overdoses in nearby Warren— and one that resulted in the tragic death of a 19-year-old Warren woman—led to an investigation by the Warren Police Department and Drug Enforcement Administration. Using a wide variety of techniques during an intensive three-month investigation, including physical and electronic surveillance, undercover purchases, search warrants, and customer interviews, law enforcement ultimately identified several members of the Polo operation, arresting and charging thirteen—including Tempo, who was caught red-handed with seven cell phones, including the two main “Polo” phones—between June and September 2016.
Most of these defendants faced the most serious charges: conspiracy to distribute and possess with intent to distribute heroin, crack cocaine, fentanyl, and powder cocaine, resulting in death or serious bodily injury; distribution of heroin and fentanyl resulting in death or serious bodily injury; and possession of heroin and crack cocaine with intent to distribute, within 1,000 feet of a school. Three defendants (Randy Stewart, Darreyl Coneal, and Amacio Alexander) were not charged with overdose counts, based on their limited participation in the crimes. Eleven traffickers pleaded guilty, and two—Tempo and his half-brother, Kenneth Sadler—were convicted in March 2019 following a five-week trial. Sadler was also convicted at that trial of possession of a firearm by a convicted felon and with witness intimidation counts, for threats made to multiple witnesses while the original charges were pending.
Altogether, these defendants were sentenced to terms in federal prison totaling more than 130 years. A complete summary of the sentences follows:
Demarco Tempo, a/k/a “Polo”: sentenced on February 14, 2020, to 30 years.
Kenneth Sadler, a/k/a “KO”: sentenced on October 9, 2019, to 25 years.
Darius Gordon, a/k/a “Debo”: sentenced on September 13, 2018, to 11 years.
Haratio Heard, a/k/a “Show”: sentenced on August 28, 2018, to 10 years [(shot and killed on October 23, 2018, while pending surrender to begin serving his sentence)].
Juwan Allen, a/k/a “Juan”: sentenced on June 14, 2018, to 10 years.
Greg Howard, a/k/a “G”: sentenced on August 3, 2018, to 10 years.
Marcus Gilbert: sentenced on September 13, 2018, to 103 months.
Alvin Coates: sentenced on September 13, 2018, to 87 months.
Javon Brown, a/k/a “J”: sentenced on April 25, 2019, to 87 months.
Dennis Jones, a/k/a “Shorty”: sentenced on April 30, 2018, to 7 years.
Randy Stewart, a/k/a “Bookie”: sentenced on July 28, 2017, to 5 years.
Darreyl Coneal: sentenced on May 7, 2018, to 3 years.
Amacio Alexander: sentenced on May 1, 2019, to 1 year.
The case was prosecuted by Assistant United States Attorneys Ben Coats and Brant Cook.
Lackawanna County Bank Robber Sentenced to Nine Years’ ImprisonmentRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that John Ryall, Jr., age 40, of Simpson, Pennsylvania, was sentenced on February 13, 2020, by United States District Court Judge Robert D. Mariani to 108 months’ imprisonment and three years of supervised release, for an armed bank robbery.
According to United States Attorney David J. Freed, Ryall robbed the Honesdale National Bank in Scott Township, Pennsylvania, on October 20, 2017, threatening employees with a mock firearm. Ryall obtained $5,255, but was restrained by a bank customer, and taken into custody by the Scott Township Police Department shortly thereafter.
Ryall received sentencing enhancements for causing physical injury to a bank customer, and for threatening a material witness from prison, after he was arrested and charged. Judge Mariani also ordered him to pay $600 to Honesdale National Bank, for damages to the bank during Ryall’s struggle with a customer.
The matter was investigated by the Federal Bureau of Investigation and by the Scott Township Police Department. Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Justice Department Requires Divestiture in Order for Liqui-Box to Proceed with Acquisition of Plastics Division of DS SmithRead the Press Release
The Department of Justice announced today that it is requiring Olympus Growth Fund VI L.P. (Olympus Fund VI), its portfolio company Liqui-Box Inc. (Liqui-Box), and DS Smith plc (DS Smith) to divest all of DS Smith’s dairy, post-mix, smoothie, and wine bag-in-box (BiB) product lines in the United States in order for Liqui-Box to proceed with its proposed acquisition of the Plastics Division of DS Smith. Without the divestiture, the proposed acquisition would eliminate competition between two of the primary suppliers of dairy, post-mix, smoothie, and wine BiBs in the United States.
The Justice Department’s Antitrust Division filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia to block the proposed merger. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive harm alleged in the lawsuit.
“The merger, as originally structured, would have eliminated competition for packaging products that dairies, soft-drink manufacturers, and other food producers rely on to preserve and safely transport liquids to stores, restaurants, and other food processors,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “Today’s settlement will ensure that purchasers of BiBs continue to benefit from vigorous competition in the development, manufacture, and sale of these products.”
BiBs, flexible packaging consisting of an engineered plastic bag and attached plastic fitment, are used to store, protect, transport, and dispense various edible liquids. According to the Justice Department’s complaint, Liqui-Box and DS Smith, under its Rapak brand, are two of only three significant U.S. suppliers of dairy, post-mix (e.g., soda syrups and other beverage concentrates), and smoothie BiBs. The companies are also two of only four U.S. suppliers of BiBs that hold and dispense the wine in boxed wines. The Justice Department’s complaint alleges that competition between Liqui-Box and DS Smith for these BiBs has resulted in lower prices, higher quality, and better service, and has fostered innovation leading to the development of new BiB products. According to the complaint, the combination of Liqui-Box and DS Smith’s Plastics Division would eliminate this competition, and likely lead to increased prices, lower quality and service, and diminished investment in research and development.
Under the terms of the proposed settlement, Liqui-Box must divest all of DS Smith’s BiB product lines that overlap with product lines offered by Liqui-Box in the United States, including those for dairy, post-mix, smoothie, and wine BiBs, as well as production facilities in Indianapolis, Indiana, and Union City, California, the Rapak brand, and other production equipment and assets, to TriMas Corporation (TriMas), or an alternate acquirer approved by the United States. TriMas, a Michigan-based manufacturer operating in the consumer products, aerospace, and industrial end markets, already sells a variety of packaging products for the health, beauty and home care, beverage, and industrial markets.
Olympus Fund VI is a Delaware limited partnership with headquarters in Stamford, Connecticut. Olympus Fund VI is a fund of Olympus Partners, which, in 2018, had approximately $8.5 billion total capital under management between its different funds, with Olympus Fund VI comprising approximately $2.3 billion of that total.
Liqui-Box, a portfolio company of Olympus Fund VI, is a Delaware corporation with headquarters in Richmond, Virginia. In 2018, Liqui-Box had total sales of $177 million, including approximately $123 million in sales in the United States.
DS Smith is a United Kingdom public limited company with headquarters in London, England. DS Smith’s Plastics Division is headquartered in Romeoville, Illinois. In 2018, DS Smith’s Plastics Division had total sales of $479 million, including approximately $137 million in sales in the United States.
As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Katrina Rouse, Chief, Defense, Industrials, and Aerospace Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 8700, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may enter the final judgment upon finding it is in the public interest.
John Leonard Cruz Sentenced to Federal Prison for Felon in Possession of Firearm and AmmunitionRead the Press Release
Hagatña, Guam - SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant JOHN LEONARD CRUZ, age 49, from Merizo, was sentenced in the District Court of Guam to 24 months imprisonment, On August 22, 2019, Cruz entered a guilty plea to Felon in Possession of Firearm and Ammunition, in violation of Title 18, United States Code, Section 922(g)(1). The Court also ordered three years of supervised release, twenty-five hours of community service, and the payment of a mandatory $100.00 special assessment fee.
On January 22, 2004, Cruz was convicted in the Superior Court of Guam for Possession of a Schedule II Controlled Substance (As a Third Degree Felony). As a convicted felon, Cruz was prohibited from possessing a firearm and ammunition. On August 22, 2018, Cruz knowingly possessed a 12 gauge shotgun and ammunition while hunting. Cruz did not have a valid firearm license. He told Guam conservation officers that he received the shotgun from someone so that he could go hunting.
U.S. Attorney Anderson states, “Section 922(g) of Title 18 lists a variety of instances where the possession of a firearm or ammunition is prohibited. The possession of even one round of ammunition can result in a substantial term of imprisonment. Importantly, federal firearm laws do not provide an exception for felons to possess these items for sporting purposes. Prohibited persons are therefore encouraged to avoid any circumstances that put them at risk of federal prosecution.”
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The United States Attorney’s Office is also initiating similar prosecutions as part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Guam Department of Agriculture, Law Enforcement Section. This case was prosecuted by Stephen F. Leon Guerrero, Assistant United States Attorney for the District of Guam.
Jefferson County Felon Sentenced for Federal Firearms ViolationRead the Press Release
BEAUMONT, Texas – A 27-year-old Beaumont, Texas man has been sentenced to federal prison for firearms violations in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown today.
Bernard James Bell pleaded guilty on July 23, 2019, to being a felon in possession of a firearm and was sentenced to 71 months in federal prison today by U.S. District Judge Marcia A. Crone.
According to information presented in court, on Apr. 11, 2019, law enforcement officers began investigating a homicide that occurred in Beaumont’s west end. On Apr. 14, 2019, investigators learned that Bell was provided a firearm that was used in connection with that homicide so that he could dispose of it or hide it. After speaking with Bell, investigators recovered the firearm and determined that Bell had possessed it. Further investigation revealed Bell is a convicted felon having several convictions in Jefferson County, Texas in 2011 and 2012. As a convicted felon, Bell is prohibited from owning or possessing firearms or ammunition. Bell was indicted on those charges by a federal grand jury on May 1, 2019.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Beaumont Police Department and prosecuted by Assistant U.S. Attorney Russell James.
Jacksonville Heroin Dealer Sentenced to Five Years in Federal PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan today sentenced Albert Vincent Hicks (48, Jacksonville) to five years in federal prison for distributing heroin.
Hicks had pleaded guilty on August 21, 2019.
According to court documents, on October 26, 2017, Hicks sold more than 25 grams of heroin to a confidential informant. On November 16, 2017, he sold an additional 13 grams of heroin. During the second sale, Hicks discussed the possibility of a future, larger deal with the informant. As a repeat offender, with a prior conviction for sale of cocaine, Hicks was subject to enhanced penalties under federal law.
This case was investigated by the Drug Enforcement Administration and the Fernandina Beach Police Department. It was prosecuted by Assistant United States Attorney Michael J. Coolican.
Inland Empire Man Who Used Fake IDs to Cash over $500,000 in Stolen Treasury Checks Sentenced to More Than 6 Years in PrisonRead the Press Release
LOS ANGELES – A San Bernardino County man was sentenced today to 77 months in federal prison for stealing more than half a million dollars in United States Treasury checks and then using them to defraud two major banks.
Danele Ramon Morgan, 46, of Rancho Cucamonga, was sentenced by United States District Judge Michael W. Fitzgerald, who also ordered him to pay $337,083 in restitution.
Morgan pleaded guilty in September 2019 to one count of conspiracy to commit bank fraud. He admitted in his plea agreement that he obtained stolen checks and enlisted co-conspirators to assist in opening fraudulent bank accounts in the payees’ names. Afterward, they could deposit the stolen checks and withdraw funds through cash withdrawals and debit card purchases.
In furtherance of his scheme, Morgan obtained and used fraudulent identification documents with his and his co-conspirators’ photographs, but with the payees’ personal information. Armed with these documents, Morgan and his co-conspirators personally entered banks pretending to be the payees, opened fraudulent bank accounts and deposited the stolen checks.
Morgan and his co-conspirators deposited approximately $571,681 in stolen treasury checks between June 2016 and January 2017, causing actual losses of $337,084 to Bank of America and Wells Fargo. The conspirators opened fraudulent accounts or used fraudulently obtained ATM cards were opened at Bank of America branches in Pasadena, Atascadero, Paso Robles,Castro Valley and Pleasanton, and at a Wells Fargo branch in Los Banos.
The United States Postal Service’s Office of Inspector General, the United States Treasury Inspector General for Tax Administration, and the United States Postal Inspection Service investigated this matter.
This matter was prosecuted by Special Assistant United States Attorney Patrick Castañeda of the General Crimes Section.
House Painting Company that Illegally Removed Lead Paint is SentencedRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Tyler C. Amon, Special Agent in Charge of EPA’s Criminal Investigation Division in New England, announced that COLLEGIATE ENTREPRENEURS, INC., a Massachusetts-based house painting company, was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford for violating the Toxic Substances Control Act and subsequently falsifying records.
According to court documents and statements made in court, Collegiate Entrepreneurs, Inc., LLC, of Braintree, Massachusetts, provides house-painting services in Connecticut and other New England states. Some of the houses painted by Collegiate Entrepreneurs in 2015 contained lead-based paint. For those jobs, the company was subject to the lead-based paint requirements of the Toxic Substances Control Act and the Environmental Protection Agency’s (EPA) Renovation, Repair and Painting (RRP) Rule.
Under the RRP Rule, Collegiate Entrepreneurs was required to ensure that its certified renovators complied with provisions governing training and supervision of painters, post-renovation cleaning, physical presence on-site, and preparation of required records. The company was also responsible for ensuring that all renovation activities were performed in compliance with RRP Rule work practice standards governing occupant protection, containment of the work area, prohibited and restricted practices, waste from renovations, cleanup of the work area, and post-renovation cleaning verification. Collegiate Entrepreneurs knowingly failed to ensure such compliance by its renovators during the 2015 painting season.
On October 13, 2015, in response to a federal grand jury subpoena, an employee of Collegiate Entrepreneurs produced records for 12 painting jobs in Connecticut that involved lead-based paint. Included in the production were records that appeared to have been prepared and signed by certified renovators to document that RRP Rule work practice standards and training requirements had been met at each lead paint job. Records for at least 10 of the 12 jobs were false. The signatures of the certified renovators were forged and the records falsely represented that the jobs were performed in compliance with the RRP Rule.
On November 19, 2019, Collegiate Entrepreneurs pleaded guilty to one count of falsification of records and one count of violating the Toxic Substances Control Act.
Judge Chatigny today ordered Collegiate Entrepreneurs to serve five years of probation and pay a fine of $50,000.
While on probation, Collegiate Entrepreneurs is prohibited from engaging in projects that involve the remediation of lead paint and are subject to the RRP Rule.
Collegiate Entrepreneurs also will pay $30,000 in restitution to a victim homeowner in West Hartford, Connecticut.
“Collegiate Entrepreneurs purposely violated the requirements of safely removing lead from homes and in doing risked the health of families whose houses were being renovated,” said EPA-CID Special Agent in Charge Amon. “EPA remains focused on holding accountable companies and individuals that cut corners and fail to put public health and safety first.”
This investigation was conducted by the U.S. Environmental Protection Agency, Criminal Investigation Division. The case was prosecuted by Assistant U.S. Attorney Ray Miller.
Holiday Island Sex Offender Sentenced to Life in Federal Prison in Child Exploitation CaseRead the Press Release
Fort Smith, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas, announced today that Lucas Montagne, age 33, of Holiday Island, Arkansas, was sentenced yesterday to life in federal prison followed by five years of supervised release on one count of Sexual Exploitation of a Minor via the Production of Child Pornography and a sentencing enhancement for having a prior sex conviction in which the victim was a minor. The Honorable P. K. Holmes, III presided over the sentencing hearing in the United States District Court in Fort Smith.
According to court records, in April 2019 Homeland Security Investigations received a CyberTip from the National Center for Missing and Exploited Children (NCMEC) regarding media files that contained what was believed to be images of child pornography being uploaded onto Google. The CyberTip noted that metadata from one of the image files indicated it may have been taken in February 2019 near Holiday Island, Arkansas.
Further investigation led Investigators to Montagne’s residence in Holiday Island. A federal search warrant was sought and obtained and was executed on the residence in May 2019. During execution of the search warrant, Montagne and two minors were located inside the home.
A forensic analysis of electronics seized from the residence revealed multiple images of child pornography depicting two separate minors under the age of ten.
Montagne was a registered sex offender having been convicted in 2013 in Montgomery County, Texas for Sexual Assault of a Child and in 2014 out of Harris County, Texas for Sexual Assault of a Child.
Montagne was indicted in June of 2019 and entered a guilty plea in October of 2019.
This case was investigated by the Department of Homeland Security, the Internet Crimes Against Children (ICAC) Task Force, Eureka Springs Police Department, Arkansas State Police and Carroll County Probation and Parole. Assistant United States Attorney Carly Marshall prosecuted the case for the United States.
Harlan County Man Sentenced to 200 Months for Armed Methamphetamine TraffickingRead the Press Release
LONDON, Ky. - Dylan Brewer, 23, of Harlan County, was sentenced Wednesday to 200 months in federal prison by United States District Judge Robert Wier for possession with the intent to distribute over 500 grams of methamphetamine and possession of a firearm in furtherance of drug trafficking.
According to the plea agreement, law enforcement stopped Brewer’s vehicle in Bell County, Kentucky, on July 13, 2019, and found nearly two kilograms of methamphetamine and a loaded firearm hidden in a speaker box in the back seat. During the investigation, law enforcement learned that Brewer had been obtaining methamphetamine in Georgia and traveling to Harlan County to distribute it in the area.
Under federal law, Brewer must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office following his release.
“Methamphetamine trafficking goes hand in hand with violent crime,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “Our Office is committed to holding accountable drug dealers who distribute this poison, particularly those who do so while unlawfully possessing a firearm. This prosecution should serve as a stern warning for those who peddle dangerous drugs into Eastern Kentucky- when you are convicted you will serve significant prison time for your crime.”
U.S. Attorney Duncan; Dan Dodds, Acting Special Agent in Charge of the DEA Louisville Field Division; Rodney Brewer, Commissioner of Kentucky State Police; Chief Kyle Dunn, Pineville Police Department; Sheriff Mitch Williams, Bell County Sheriff’s Department; and Sheriff Mike Smith, Knox County Sheriff’s Department, jointly announced the guilty plea.
The investigation was conducted by DEA, KSP, Pineville Police Department, Bell County Sheriff’s Department, and Knox County Sheriff’s Department. The United States was represented by Assistant U.S. Attorney Andrew H. Trimble.
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 Eastern District of Kentucky, U.S. Attorney Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
This case is 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. Click here for more information about Project Guardian.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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