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Friday 10 January 2020
North Dakota Man Sentenced for Aggravated Sexual Abuse of a Child and IncestRead the Press Release
United States Attorney Ron Parsons announced that a Mandan, North Dakota, man convicted of Aggravated Sexual Abuse of a Child and Aggravated Incest was sentenced on January 9, 2020, by U.S. District Judge Charles B. Kornmann.
Ronnie White Mountain, age 51, was sentenced to 360 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
White Mountain was indicted by a federal grand jury on June 11, 2019. He was found guilty by a jury trial on September 5, 2019.
The conviction stemmed from an incident, which occurred sometime between January 2010 and December 2012, when White Mountain was visiting relatives in McLaughlin, South Dakota, on the Standing Rock Reservation. Following a night of drinking, White Mountain returned to a family members home and knowingly engaged in a sexual act with a minor victim who had not attained the age of 12 years old.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Kirsten Jasper prosecuted the case.
White Mountain was immediately turned over to the custody of the U.S. Marshals Service.
New York Man Sentenced to 18 Months in Federal Prison for Cyberstalking ConspiracyRead the Press Release
WILMINGTON, Del. – U.S. Attorney David C. Weiss announced that Kristian James O’Hara, age 25, of Bardonia, New York, was sentenced today to 18 months in prison by the Honorable Colm F. Connolly, U.S. District Judge for the District of Delaware. O’Hara pleaded guilty to conspiracy to commit cyberstalking on April 3, 2019.
According to court documents and statements made in open court, O’Hara led an 18-month cyberstalking conspiracy designed to intimidate and harass a former college classmate and her parents. From December 2016 through May 2018, O’Hara and his co-conspirator Vincent James Palesky harassed the victim and her parents in multiple ways. They frequently sent late-night food orders to her apartment, spoofed phone calls to her phone, and left disturbing voicemails at her childhood home in Delaware, falsely claiming the victim gave them a sexually transmitted disease. O’Hara drew upon his friendship with the victim in order to gain information about her location and her activities, which he then used to further his cyberstalking campaign.
In May 2018, O’Hara escalated the conduct by signing up the victim’s work email address for membership at websites including Pornhub.com, barraging the victim’s new cell phone number with spoofed calls, and posting the victim’s name, likeness, and cell phone number on a sex-chat website. Each time his victim took steps to deter him, O’Hara found new means to inject himself into her life. The persistent nature of O’Hara’s conduct caused his victim to fear leaving her home alone.
O’Hara and Palesky also cyberstalked five other individuals between 2016 and 2018, including former high school acquaintances, another college classmate, and coworkers. O’Hara bragged to others about the “standard procedure” they used to psychologically harm victims.
U.S. Attorney Weiss stated, “This defendant used the Internet to terrorize a young woman and her parents. He and his co-conspirator committed dozens of separate acts, culminating in the defendant posting the victim’s name and number on a sex-chat website. Thanks to the courage of this family, the diligence of the lead FBI investigators, and assistance from other jurisdictions, O’Hara was quickly stopped and today appropriately punished. Members of our community deserve to be free from criminal online harassment and to feel safe in their homes. We are committed to prosecuting Defendants who use the Internet to cyberstalk others.”
"Those who think they can use the anonymity of the Internet to terrorize people will quickly realize the investigative abilities of the FBI and cyber task force partners," said FBI Baltimore Special Agent in Charge Jennifer Boone. "The FBI’s mission is to protect the American people and we will always support our communities against cyberstalking."
This case was investigated by the FBI Baltimore - Wilmington Cyber Task Force, with support from the FBI New York Cyber Task Force, Newark Cyber Task Force, and the New York City Police Department, and the U.S. Attorneys’ Offices in District of New Jersey and Southern District of New York. The case was prosecuted by Assistant U.S. Attorney Whitney Cloud and Cybercrime Section Chief Jamie M. McCall.
New York Man Charged with Trafficking Exotic African CatsRead the Press Release
A federal grand jury has returned an indictment charging Christopher Casacci, 38, of Amherst, New York, with violating the Lacey Act and the U.S. Animal Welfare Act based on his trafficking of African wild cats in interstate commerce, announced Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney James P. Kennedy Jr. for the Western District of New York.
The indictment charges that Casacci, doing business as “Exotic Cubs.com,” imported and sold dozens of caracals (Caracal caracal) and servals (Leptailurus serval) in interstate commerce from February to June of 2018. Caracals, also known as the “desert lynx,” are wild cats native to Africa, and grow to approximately 45 pounds. Servals, also wild cats native to Africa, grow to approximately 40 pounds. Both species are protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and their commercial possession and sale is restricted under New York state law.
Casacci is also charged with disguising his commercial activity by falsely declaring the animals as domesticated breeds, such as savannah cats and bengal cats, on shipping records.
People and businesses dealing in animals are required to comply with humane care standards under the Animal Welfare Act. Casacci failed to do so, and failed to secure the necessary license from the U.S. Department of Agriculture. Casacci was charged with violating the Animal Welfare Act for selling animals without a license showing minimum compliance with humane treatment standards.
The indictment is the result of an investigation by the U.S. Fish & Wildlife Service’s Office of Law Enforcement, under the direction of Special Agent-in-Charge Ryan Noel, and the New York State Department of Environmental Conservation, Bureau of Environmental Crimes Investigation. The case is being prosecuted by Trial Attorney Patrick Duggan and Assistant United States Attorney Aaron J. Mango.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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 Orleans Man and Arizona Woman Sentenced for Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – THADDEUS CARTER, age 46, of New Orleans, Louisiana, and GUADELUPE PEREIDA, age 44, of Douglas, Arizona, were sentenced on January 9, 2020 before the Honorable Carl J. Barbier for violations of the Federal Controlled Substances Act, announced U.S. Attorney Peter G. Strasser.
According to the court records, CARTER and PEREIDA had previously pleaded guilty to conspiring to distribute and to possession with the intent to distribute heroin and marijuana. The case resulted from a lengthy Title III wire intercept investigation conducted by the Drug Enforcement Administration in which CARTER and his co-conspirators were captured discussing heroin sales, making sales, and arranging to pay back heroin sources of supply in Chicago, who were sourcing the drugs from near the Arizona/Mexico border. CARTER admitted to dealing heroin daily on the streets of New Orleans for several years. PEREIDA, among other things, admitted to assisting with shipping drugs from the border area.
Judge Barbier sentenced CARTER to 75 months in federal prison to be followed by four years of supervised release, where federal probation officers will monitor his behavior. Judge Barbier sentenced PEREIDA to 11 months in federal prison to be followed by three years of supervised release, where federal probation officers will monitor her behavior.
This case was investigated by Special Agents of the Drug Enforcement Administration (DEA). The prosecution is being handled by Assistant United States Attorney David Haller.
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New Haven Man Charged with Illegal Possession of 2 GunsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that a federal grand jury in New Haven has returned an indictment charging CARLOS BARNES, also known as “Buddha,” 28, of New Haven, with possession of firearms by a previously convicted felon.
The indictment was returned on January 2, 2020. Barnes appeared today before U.S. Magistrate Judge Robert M. Spector in New Haven and entered a plea of not guilty to the offense. Barnes has been detained since his arrest by Hamden Police on related state charges on October 12, 2019.
The indictment alleges that, on October 12, 2019, Barnes possessed a Taurus Millennium G2 9mm handgun and a Springfield XD-40 .40 caliber handgun with an obliterated serial number. Prior to that date, Barnes was convicted in state court of carrying a pistol without a permit, sale of illegal drugs, and robbery in the first degree.
It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
If convicted, Barnes faces a maximum term of imprisonment of 10 years.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation and the Hamden Police Department. The case is being prosecuted by Assistant U.S. Attorney Margaret M. Donovan.
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 neighborhoods safer for everyone.
New Castle County Man Convicted After Overdose Death Trial Sentenced to 24 Years in Federal PrisonRead the Press Release
WILMINGTON, Del. – United States Attorney David C. Weiss announced that Donte Jacobs, 31, of New Castle County, was sentenced today to 24 years in federal prison by U.S. District Judge Richard G. Andrews. Jacobs had previously been convicted at trial of distributing and conspiring to distribute fentanyl-laced heroin that resulted in the death of a 26-year-old woman. Jacobs had also pled guilty to being a felon in possession of a firearm recovered during the investigation.
According to court documents and evidence presented at trial, Jacobs had a longstanding agreement to distribute heroin and/or fentanyl-laced heroin with others in the region. By the end of June 2016, Jacobs was distributing fentanyl-laced heroin packaged with a “BUTTER” stamp on it. On June 28, 2016, one of Jacobs’ sub-distributors sold those “BUTTER”-stamped drugs to the victim, whose identity is listed in court documents as T.A. Hours later, in New Garden Township, Pennsylvania, the victim used those drugs and died from a fentanyl overdose. Toxicology records showed that T.A. had 26 ng/ml of fentanyl in her blood stream when she died. Testimony at trial showed that this was clearly a lethal amount of fentanyl.
Members of what is now the Southern Chester County Police Department worked with the Drug Enforcement Administration to investigate T.A.’s death. Law enforcement first arrested the sub-distributor who directly sold the “BUTTER”-stamped bags of fentanyl-laced heroin to T.A. Officers then recorded a conversation between that sub-distributor and Jacobs, wherein Jacobs acknowledged his involvement in distributing the “BUTTER”-stamped drugs. During the call, Jacobs also explained to his sub-distributor how people, “OD on Fentanyl” and how fentanyl and heroin were causing people to “die every day.”
“Jacobs distributed thousands of bags of heroin into our community,” said U.S. Attorney Weiss. “As his statement indicates, Jacobs was willing to accept the possibility that customers would die after using his drugs. We are not. If you knowingly sell a substance that may contain fentanyl and that substance causes death, we will hold you accountable. In this case, for the Defendant, that means he will spend the next 24 years in jail.”
“Jacobs was convicted of distributing and conspiracy to distribute fentanyl-laced heroin that resulted in the overdose death of a woman in Pennsylvania,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “Illicit fentanyl has claimed thousands of lives across our region in Delaware and Pennsylvania. That Jacobs knew that fentanyl and heroin was causing people to “die every day” but sold it anyway shows his utter disregard for the members of our communities and the law. The DEA greatly appreciates the work of U.S. Attorney’s Office throughout this investigation.”
Assistant U.S. Attorneys Christopher L. de Barrena-Sarobe and Jesse S. Wenger prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 01:19-cr-094.
Neshoba County Man Sentenced to Almost 6 Years in Federal Prison for Bank RobberyRead the Press Release
Jackson, Miss. – David Keith Frazier, 33, of Neshoba County and a member of the Mississippi Band of Choctaw Indians, was sentenced Wednesday by U.S. District Judge Carlton W. Reeves to 70 months in federal prison, followed by three years of supervised release, for bank robbery by use of a dangerous weapon, announced U.S. Attorney Mike Hurst and Michelle A. Sutphin, Special Agent in Charge of the Federal Bureau of Investigation in Mississippi.
On March 19, 2019, Frazier made threatening phone calls to two tribal elementary schools. During these phone calls, Frazier threatened to cause damage to both schools by means of explosives. The purpose of these phone calls was to cause law enforcement to respond to the schools and therefore to be away from the local bank that Frazier intended to rob.
Shortly after he made these phone calls, Frazier entered Trustmark National Bank, an FDIC-insured bank located on the Choctaw Indian Reservation at 110 Choctaw Town Center, for the purpose of robbing the bank by use of threatened force. Frazier was carrying an air pistol with the intent of making the employees of the bank believe that it was a real pistol. By brandishing and pointing a dangerous weapon, Frazier threatened to injure the employees of Trustmark if they did not give him money that was in the possession of Trustmark. Frazier’s intentional and intimidating behavior caused the employees to give him money in the bank’s possession out of fear of bodily injury.
Frazier took the money from Trustmark and fled. Law enforcement officers responded quickly and caught Frazier, who was in possession of some of the money taken from Trustmark. Officers found the rest of the money, along with the air gun, in the woods where Frazier had fled after the bank robbery. All of the money taken by Frazier from Trustmark National Bank was recovered by law enforcement. Frazier pled guilty before Judge Reeves on October 15, 2019.
The case was investigated by the Choctaw Police Department and the Federal Bureau of Investigation with assistance from numerous other state and local law enforcement agencies. The case was prosecuted by Assistant United States Attorney Dave Fulcher.
Michigan Man Living in the Philippines Charged with Child Exploitation OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Jason J. Molina, Acting Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), today announced that JASON KELLER, 34, originally of Dearborn Heights, Michigan, has been charged in a two-count indictment with child enticement and child pornography offenses.
As alleged in court documents and statements made in court, in September 2018, Keller, using the moniker “Eddie Buttered Toast,” contacted a 14-year-old female in Connecticut and claimed he was a 17-year-old boy from Chicago. At the time, Keller was living in the Philippines. Keller then sent the minor victim a series of grooming emails that eventually coaxed the minor victim into sending photos of herself engaged in sexually explicit conduct to Keller. Some of the emails Keller sent to the minor victim included sexually explicit images of himself.
On December 19, 2018, a grand jury in New Haven returned an indictment charging Keller with one count of enticement of a minor to engage in illegal sexual activity, and one count of receipt of child pornography. Keller was located and arrested in the Philippines in June 2019. He was subsequently removed from the Philippines and returned to the U.S. on December 12, 2019.
On January 9, 2020, Keller appeared in New Haven federal court for a bond hearing before U.S. Magistrate Judge Robert M. Spector, who ordered Keller detained pending trial.
If convicted of the charges in the indictment, Keller faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and the U.S. Marshals Service, International Investigations Branch, with the assistance of the Philippine Bureau of Immigration, Fugitive Search Unit. The case is being prosecuted by Assistant U.S. Attorney Lauren Clark.
U.S. Attorney Durham thanked the U.S. Department of Justice’s Office of International Affairs for its assistance in this matter.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Mexican National Charged for Illegal Use of a Social Security NumberRead the Press Release
NEW ORLEANS – U.S. Attorney Peter Strasser announced today that HECTOR SILVA-TOLENTINO, age 29, was charged in a one-count Bill of Information for illegal use of a social security number in violation of Title 42, United States Code, Section 408(a)(7)(B).
According to the Bill of Information, SILVA-TOLENTINO (“SILVA”), presented a false identification document in order to obtain a Louisiana Driver’s License in Napoleonville, Louisiana. SILVA-TOLENTINO used the driver’s license to obtain employment on offshore oilrigs. If convicted, SILVA-TOLENTINO faces a maximum term of imprisonment of (5) five years, a maximum fine of $250,000, a maximum term of supervised release of (3) three years, and a mandatory $100 special assessment.
U. S. Attorney Strasser reiterated that a Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the Social Security Administration, Office of the Inspector General and the United States Border Patrol in investigating this matter. Assistant U. S. Attorney Spiro G. Latsis is in charge of the prosecution.
Massachusetts Woman Sentenced to Prison for Trafficking CocaineRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that LATOYA McKREITH, 37, of Chicopee, Massachusetts, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 15 months of imprisonment, followed by three years of supervised release, for trafficking cocaine.
According to court documents and statements made in court, on May 30, 2018, McKreith and Laprese Gollman were arrested after they drove to New Haven in an attempt to purchase four kilograms of cocaine. Investigators seized approximately $100,000 from Gollman at the time of his arrest.
On February 12, 2019, McKreith pleaded guilty to one count of conspiracy to distribute, and to possess with intent to distribute, 500 grams or more of cocaine. McKreith, who was released on bond, was remanded to custody of the U.S. Marshals Service at the conclusion of the sentencing proceeding.
Gollman, of Springfield, Massachusetts, also pleaded guilty and, on October 15, 2018, was sentenced by U.S. District Judge Victor A. Bolden in Bridgeport to 120 months of imprisonment, followed by eight years of supervised release.
This matter was investigated by the Drug Enforcement Administration’s New Haven Task Force and the New Haven and Hamden Police Departments. This case was prosecuted by Assistant U.S. Attorney Jocelyn Courtney Kaoutzanis.
Man Sentenced for Providing False Statements to the Transportation Security AdministrationRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Peter G. Strasser announced that GERMIEL AUSTIN, age 35, a resident of Amite, Louisiana, was sentenced January 9, 2020 after previously pleading guilty to providing a document containing false statements to the Transportation Security Administration (“TSA”).
United States District Court Judge Barry W. Ashe sentenced AUSTIN to 2 years of probation, with 6 months to be served on home incarceration, and a $100 special assessment fee. According to court documents, the Transportation Security Administration (“TSA”) is an agency of the United States government responsible for the issuance of Transportation Worker Identification Credential (“TWIC”) cards. TWIC cards are biometric credentials issued to individuals who require unescorted access to security-sensitive transportation sectors such as airports, railroads, chemical plants, and maritime ports. TSA ensures that each applicant undergoes a security threat assessment to determine a person’s eligibility. Convictions for certain criminal offenses can either permanently or temporarily disqualify applicants from consideration. Applicants can sometimes be granted a waiver.
On July 25, 2014, AUSTIN composed and faxed a letter in his own name, to the “TSA TWIC Processing Center” explaining the facts surrounding a previous criminal conviction and indicated that he was not a “threat or risk” in an attempt to have a waiver granted. On the same day, AUSTIN faxed a second letter to the “TSA TWIC Processing Center” that falsely claimed to be from his probation officer. The letter falsely indicated that the defendant successfully completed probation and has demonstrated “his intention to maintain a law-abiding lifestyle.” An agent with the United States Coast Guard Investigative Service, later determined that no person having the name used by AUSTIN had ever been employed by the referenced probation office.
U.S. Attorney Strasser praised the work of United States Department of Homeland Security, Coast Guard Investigative Service agents in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
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Man Pleads Guilty to Illegally Purchasing 31 FirearmsRead the Press Release
ALEXANDRIA, Va. – A Maryland man pleaded guilty today for conspiracy to straw purchase 31 firearms.
“The Eastern District of Virginia continues to put straw purchasers on notice: If you abuse federal firearms purchasing laws, you will be prosecuted for your felonious conduct,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Subjecting individuals who choose to straw purchase firearms to federal felony prosecution is just and necessary to ensure that convicted straw purchasers can never again purchase firearms for others.”
According to court documents, Emmanuel Ndjongo, 21, and his then-girlfriend, Alexus Jordon, conspired to straw purchase 31 firearms from Federal Firearm Licensees in Virginia. Jordon purchased six of the firearms at FFLs in Virginia. Ndjongo used Jordon’s name to order the remaining firearms online from an FFL located in North Carolina, and had these firearms shipped to various FFLs in Virginia. Once the firearms arrived in Virginia, Jordon picked up the firearm deliveries from the FFLs, and gave them to Ndjongo, who sought to sell the firearms to other individuals. Local law enforcement in Washington, D.C. and Prince George’s County, Maryland, have recovered two of the firearms unlawfully purchased during this conspiracy; both of which had altered or destroyed serial numbers.
“People who criminally abuse the process of purchasing firearms put all of our citizens at risk,” said Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division. “Guns obtained through straw purchasing end up in the hands of violent criminals who pose a significant threat to our communities and law enforcement officers. ATF will continue to target these offenders and the people they traffic firearms to, as well as leveraging the partnerships we have through Project Guardian to maximize our efforts.”
Ndjongo pleaded guilty to conspiracy to make false statements in connection with the purchase of firearms and faces a maximum sentence of five years in prison when sentenced on March 27. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jordon pleaded guilty on Dec. 6, 2019, to conspiracy to straw purchase firearms. She is scheduled to be sentenced on March 6.
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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division, made the announcement after Senior U.S. District Judge T.S. Ellis III accepted the plea. Assistant U.S. Attorneys Nicholas U. Murphy II and Philip Alito are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-343.
Man Pleads Guilty to Misuse of Social Security NumberRead the Press Release
NEW ORLEANS – United States Attorney Peter G. Strasser announced that RAYMUNDO DE LA PAZ (DE LA PAZ), age 27, pled guilty on January 9, 2020 before United States District Court Judge Mary Ann Vial Lemmon, to a one-count bill of information charging him with misuse of a Social Security Number, in violation of Title 18, United States Code, Section 408(a)(7)(B).
According to court documents, DE LA PAZ, a citizen of Mexico, presented a false Social Security card when attending a pre-employment safety class at the Gulf Coast Safety Council in St. Rose, Louisiana. DE LA PAZ falsely represented that a social security number was assigned to him when in fact, the social security number had been assigned by the Commissioner of Social Security to another individual.
DE LA PAZ faces a possible sentence up to five (5) years imprisonment, a fine of $250,000 and one (1) year of supervised release following any term of imprisonment. United States District Court Judge Mary Ann Vial Lemmon set sentencing for March 19, 2020.
U.S. Attorney Peter G. Strasser praised the work of the United States Border Patrol and the Office of Inspector General, Social Security Administration. Assistant United States Attorney Julia K. Evans is in charge of the prosecution.
Licensed Firearms Dealer Charged with Selling 4 Handguns to an Out-of-State Purchaser in Violation of Federal LawRead the Press Release
PITTSBURGH, PA - A resident of West Mifflin, PA, has been indicted by a federal grand jury in Pittsburgh, Pennsylvania, on a charge of illegal sale of firearms by a licensed dealer to an out-of-state resident, United States Attorney Scott W. Brady announced today.
The one-count Indictment, returned on January 7, named Jamie Chonko, age 34, as the sole defendant.
According to the Indictment, on or about June 19, 2019, Chonko, being a licensed dealer of firearms, willfully sold four handguns to an out-of-state resident knowing and having reasonable cause to believe that, at the time of the sale, the purchaser did not reside in Pennsylvania, where Chonko’s place of business was located. Federal law prohibits sales of handguns by a licensed dealer to an out-of-state resident.
The law provides for a maximum sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Yvonne M. Saadi is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Lawrenceburg Man Pleads Guilty to Wire and Tax FraudRead the Press Release
LEXINGTON, Ky. — A Lawrenceburg, Kentucky, man, Joseph G. Peavler, 53, admitted, in federal court on Friday, committing wire fraud and assisting in the preparation of a false income tax return.
Peavler pleaded guilty before U.S. District Court Judge Danny C. Reeves. In his plea agreement, Peavler admitted that between 2004 and 2018, he managed a warehouse owned by someone else and, during that time, he devised a plan to rent space in the warehouse to two separate entities, keeping the money for himself without knowledge or authority by the owners. That fraud scheme was furthered by interstate wire communications. Peavler also admitted to failing to declare this rent money on his tax returns, for each of the years he received the rent.
Peavler was indicted in October 2019.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, Jr., Special Agent in Charge for the Louisville Division of FBI; and Bryant Jackson, Special Agent in Charge, Internal Revenue Service – Criminal Investigation, jointly announced the guilty plea.
The investigation was conducted by the FBI and IRS. The United States was represented by Assistant U.S. Attorneys Erin Roth and Ken Taylor.
Peavler is scheduled to be sentenced on May 1, 2020 at 10 a.m. He faces up to 23 years in prison and a maximum fine of $500,000. However, any sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
This case is being prosecuted as part of the Department of Justice’s efforts to identify and prosecute those persons who facilitate elder financial exploitation.
The Department of Justice’s Elder Justice Mission, being carried out through the Kentucky Elder Justice Task Force, is to seek justice for victims of elder financial exploitation. Anyone who knows someone who may be a victim of an elder financial exploitation, is encouraged to contact law enforcement
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Law Enforcement and City Officials Announce Significant Reductions in Violent Crime under Project EJECT in Natchez and Adams CountyRead the Press Release
Natchez, Miss. – U.S. Attorney Mike Hurst joined Natchez Police Chief Walter Armstrong, Adams County Sheriff Travis Patten, Sixth Judicial District Attorney Shameka Collins, Assistant Special Agent in Charge Will McCrary with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Assistant Special Agent in Charge Kevin Gaddy with the Drug Enforcement Administration, and other officials yesterday to announce a significant reduction in crime in the City of Natchez as a result of Project EJECT.
“Project EJECT works, as reflected by these significant reductions in crime, and we have been successful because of the buy-in, cooperation and hard work of our local partners. Leadership matters, and the Mayor, Police Chief, Sheriff, District Attorney and Board of Aldermen should all be commended for welcoming Project EJECT into their communities and working so diligently with us to make Natchez and Adams County safer. We intend to redouble our efforts in the coming year and expand our work under the Department of Justice’s Project Guardian to hopefully prevent more crime before it happens,” said U.S. Attorney Hurst.
“ATF has been proud to partner with the Natchez Police Department and the Adams County Sheriff’s Office in our diligent efforts to reduce violent gun crime,” said ATF New Orleans Field Division Assistant Special Agent in Charge William J. McCrary. “It is satisfying to see that these combined actions have had such dramatic results, and it is very encouraging to see such positive community support. ATF is looking forward to continuing to grow our partnerships in the coming year.”
“DEA is proud to be a part of Project EJECT with our federal, state, and local law enforcement and community partners, which has inflicted an astounding blow to the violent drug trafficking networks in this region of Mississippi and beyond. This project continues to show the collective strength that all of our partners have, combining resources to eradicate the supply of drugs and guns in this area, keeping our neighborhoods safe,” said DEA Special Agent in Charge Brad L. Byerley.
"I feel the joint operation with federal partners and local law enforcement has been extremely effective as it relates to crime fighting in the City of Natchez,” said Natchez Police Chief Walter Armstrong. “We have had tremendous positive results less than one year into the start of Project EJECT and we are very proud that US Attorney Hurst was willing to bring this operation into Natchez/Adams County. This is a great example of how effective crime fighting efforts can be when you bring all agencies together."
The significant reductions in crimes reported by the Natchez Police Department are included below.
Originally launched by the U.S. Attorney’s Office for the Southern District of Mississippi in December 2017 in the City of Jackson under the U.S. Department of Justice’s Project Safe Neighborhoods (“PSN”) initiative, Project EJECT is designed as an enhanced violent crime reduction program under the Department’s Project Safe Neighborhoods that incorporates decades of experience in bringing various levels of law enforcement together with stakeholders in the community, with the overall goal of producing a long-term, meaningful reduction in and prevention of violent crime. EJECT stands for: “Empower Justice Expel Crime Together.”
In 2020, the U.S. Attorney’s Office will further expand its efforts throughout the Southern District of Mississippi by implementing the Department of Justice’s new initiative, Project Guardian. Project Guardian will involve enhancing coordination among federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improving 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 ensuring that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please click here.
Natchez, Mississippi Crime Statistics: 2018-2019*2018
2019*
Difference
Reduction
Increase
Murder
12
3
-9
75%
Attempted Murder
3
1
-2
66%
Burglary
172
142
-30
17%
Burglary Motor Vehicle
170
84
-86
51%
Rape
8
7
-1
12%
Aggravated
69
53
-16
23%
Simple Assault Domestic
179
133
-46
26%
Motor Vehicle Theft
31
23
-8
26%
Kidnapping
3
1
-2
66%
Weapon Offenses
12
10
-2
16%
Robbery
24
11
-13
54%
Other Sex Offense
12
12
-0-
-0-
Aggravated Domestic
18
25
+7
38%
Simple Assault
203
252
+49
24%
Grand Larceny
47
54
+7
15%
Petit Larceny
112
135
+23
21%
Shoplifting
155
211
+56
36%
Arson+
8
11
+3
36%
* As of December 30, 2019
+ Fire Marshal has lead on the arson cases
Lanett Woman Receives 46-Month Sentence for Preparing Fraudulent Federal Income Tax ReturnsRead the Press Release
Montgomery, Alabama – On Thursday, January 9, 2020, a Lanett, Alabama resident, Gladys Rosalynn McCauley, 43, received a 46-month sentence for aiding and assisting in the filing of false federal income tax returns, announced United States Attorney Louis V. Franklin, Sr. and Thomas J. Holloman III, Special Agent in Charge of the Atlanta Field Office of IRS, Criminal Investigation.
According to court documents, McCauley owned an income tax preparation business in Lanett called “Roz House of Tax” that she opened in 2014. McCauley’s business collected fees as a percentage of the tax refunds she claimed for her customers. In order to inflate those refunds, McCauley knowingly placed false items in her customers’ income tax returns. For example, McCauley falsely claimed that customers were entitled to education tax credits and child tax credits—even though she knew they were entitled to no such credits. In yet another example, she falsely claimed a client had more than $34,000 in business losses. Over the course of a few years, McCauley’s numerous false claims resulted in a tax loss to the Internal Revenue Service (IRS) of more than $1.5 million.
At the sentencing hearing, United States District Judge R. Austin Huffaker, Jr. described McCauley’s offense as a “serious” one, noting that she hurt all citizens who pay their taxes.
“For far too long, opportunistic tax return preparers like Ms. McCauley have preyed upon the unwitting taxpayers residing in this district,” stated United States Attorney Franklin. “As was the case here, preparers attempt to make money by putting false information on the tax returns of others. In doing so, the preparers subject their customers to possible future scrutiny by the IRS and they pocket money that should have gone to the public’s benefit. This conduct must stop. Hopefully, Ms. McCauley’s sentence will cause other tax return preparers who have considered running schemes like this to honestly and accurately prepare tax returns.”
"As tax filing season is underway, those who might consider preparing false tax returns should be aware of the extremely negative consequences as evidenced yesterday," said Special Agent in Charge Holloman. "The sentencing of Gladys McCauley again emphasizes that the Internal Revenue Service and U.S. Attorney’s office will continue their aggressive pursuit of those who would attempt to defraud America's tax system. In addition, taxpayers are encouraged to visit the IRS.gov website for tips on looking for a reputable return preparer and their filing responsibility.”
The IRS’s Criminal Investigation Division investigated this case. Assistant United States Attorney Jonathan S. Ross prosecuted the case.
Keene Man Sentenced to 40 Months for Drug TraffickingRead the Press Release
CONCORD - Michael Christian Steever, 39, of Keene, was sentenced to 40 months in federal prison for possession of fentanyl and cocaine base with intent to distribute and distribution of fentanyl, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, between April 18, 2019 and May 1, 2019, investigators made several controlled purchases of fentanyl from Steever. A federal search warrant executed at his Keene apartment yielded additional fentanyl and cocaine base, as well as scales and other materials related to distribution of drugs. In excess of 69 grams of fentanyl and 18 grams of cocaine base were seized in the investigation.
Steever previously pleaded guilty on August 29, 2019.
“The distribution of fentanyl and other illegal drugs has diminished public safety and destroyed lives in communities throughout New Hampshire,” said U.S. Attorney Murray. “In order curtail trafficking in these lethal substances, we will continue to work closely with the Keene Police Department and all of our law enforcement partners to identify, prosecute, and incarcerate drug traffickers. Those who choose to sell dangerous drugs in New Hampshire should be aware that they will serve time in federal prison.”
"Given its potency, 70 grams of fentanyl is enough to kill hundreds of people," said Jason Molina, Special Agent in Charge for HSI Boston. "Drug trafficking organizations that deal in this deadly poison will continue to face the full resources of HSI and our partners. Homeland Security Investigations is committed to helping combat this epidemic in New Hampshire and anywhere it exists."
This matter was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Keene Police Department. The case was prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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Jury Finds Gibson County Man Guilty of Possession of MethamphetamineRead the Press Release
Jackson, TN – Following a three-day jury trial in U.S. District Court, Jeffery Lee Davis, 59, of Trenton, TN, was found guilty of possession of over 5 grams of actual methamphetamine with the intent to distribute. U.S. Attorney D. Michael Dunavant announced the guilty verdict today.
According to information presented in court, on July 6, 2017, officers with 28th Judicial District Drug Task Force executed an arrest warrant on the defendant, Jeffery Lee Davis, at his home in Trenton, Tennessee. Prior to his arrest, officers observed Davis sitting at a desk in his home weighing methamphetamine on a set of drug scales and packaging the methamphetamine for resale. Davis was arrested and officers seized the methamphetamine on the desk as well as an additional bag of methamphetamine found on Davis' person.
In total, Davis possessed and intended to distribute approximately 27 grams of actual methamphetamine with a 98% purity level. Davis has an extensive criminal history, including multiple prior methamphetamine manufacturing and trafficking convictions, as well as convictions for assault and burglary.
Sentencing is scheduled before U.S. District Court Chief Judge S. Thomas Anderson on April 7, 2020, where Davis faces a mandatory-minimum sentence of five years imprisonment and a maximum sentence of 40 years imprisonment, followed by four years of supervised release.
U.S. Attorney D. Michael Dunavant said, "Davis is a recidivist drug offender who was destroying this rural community by his sale of highly potent and poisonous drugs, and his prior felony convictions have finally caught up with him. Thanks to the great investigative work by our state and local law enforcement partners at the 28th Judicial District Drug Task Force, he has been held accountable and will be removed from the community."
This case was investigated by the 28th Judicial District Drug Task Force, Drug Enforcement Administration, and Federal Bureau of Investigation.
Assistant U.S. Attorneys Josh Morrow and Matt Wilson prosecuted this case on behalf of the government.
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Jonesville Man Sentenced to 97 Months in Federal Prison for Methamphetamine Distribution and Firearms ChargesRead the Press Release
ALEXANDRIA, La. – United States Attorney David C. Joseph announced that David White Jr., 49, of Jonesville, Louisiana, was sentenced January 7, 2020, by U.S. District Judge Dee D. Drell, to serve 97 months in federal prison, followed by three years of supervised release, for distribution of methamphetamine and possession of a firearm in furtherance of drug trafficking.
According to information presented to the court, on February 5, 2019, David White Jr. sold approximately one ounce of methamphetamine to an undercover agent for $450.00. During the drug transaction, White pulled a North American Arms .22 Magnum revolver from his pocket and told the undercover agent that this was the weapon he carried.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), FBI, and the Catahoula Parish Sheriff’s Office investigated the case. Assistant U.S. Attorney Jessica D. Cassidy prosecuted the case.
# # #
Johnston County Man Sentenced to 14 Years' Imprisonment on Gun and Crystal Meth ChargesRead the Press Release
NEW BERN — United States Attorney Robert J. Higdon, Jr., announced that today in federal court, United States District Judge Louise W. Flanagan, sentenced GLENN SHAW, 43, of Princeton to 172 months’ imprisonment, followed by 5 years of supervised release. SHAW was named in a four-count Superseding Indictment on December 4, 2018, charging him with possession with intent to distribute five grams or more of methamphetamine, two counts of being a felon in possession of a firearm, and one found of possessing a sawed-off shotgun that was unregistered in the National Firearms Registration and Transfer Record. On February 25, 2019, he pled guilty to the methamphetamine offense and to being a felon in possession of a firearm.
According to the investigation, on the afternoon of June 8, 2018, a Johnston County Sheriff’s Office deputy conducted a traffic stop on a black Ford F250 in Princeton, North Carolina for having unlawful purple license plate lights. The driver, identified as SHAW, seemed unusually nervous, and the deputy could smell marijuana in the truck. The deputy also noticed a large machete sitting in the passenger seat. When asked whether he had anything illegal in the truck, SHAW became hysterical. Deputies removed SHAW from the truck, and as they opened the door, they spotted what was later confirmed to be an ounce (26 grams) of 98% pure crystal meth.
The investigation continued and on the morning of July 14, 2018, the Goldsboro Police Department responded to a call at Taco Bell on 11th Street in Goldsboro concerning an unresponsive man sitting in the driver’s seat of a Ford truck. The officer found the truck running, in park, but not in a parking space. He made contact with the man in the driver’s seat, again identified as SHAW, who slowly awoke after the officer repeatedly slapped the driver’s side window. Fearing that SHAW may be in the midst of an overdose, law enforcement contacted Fire and EMS and checked his vitals. SHAW declined to be transported to the hospital but consented to a search of the car. When officers opened the driver’s side door, they spotted a syringe filled with a clear liquid suspected of being heroin. In the glove compartment, officers found a Colt Model Combat Commander .45 caliber pistol. SHAW was prohibited from possessing the gun, having previously sustained a pair of state felony convictions for assault with a deadly weapon inflicting serious injury.
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. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case is also 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 United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Johnston County Sheriff’s Office, Goldsboro Police Department, and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) conducted the investigation. Assistant United States Attorney Jake D. Pugh represented the government.
Jackson Woman Pleads Guilty to Soliciting Kickbacks, Making False Statements to Law Enforcement Agents, and Tampering with RecordsRead the Press Release
LEXINGTON, Ky.- A Jackson, Kentucky, woman admitted in federal court today she solicited kickbacks from a toxicology laboratory in exchange for urine drug testing referrals, lied to law enforcement agents about the kickback she received, and then attempted to cover up the kickback by requesting the alteration of certain financial records.
Theresa C. Merced, 80, pleaded guilty today to one count of violating the Eliminating Kickbacks in Recovery Act (EKRA), 18 U.S.C. § 220; one count of making false statements, 18 U.S.C. § 1001; and one count of attempted tampering with records, 18 U.S.C. § 1512, before U.S. District Court Chief Judge Danny C. Reeves.
Merced, the office manager of a substance abuse treatment clinic in Jackson, Ky., admitted that between December 2018 and August 2019, she solicited kickbacks from the CEO of a toxicology lab in exchange for urine drug test referrals. According to the plea agreement, in August 2019 the CEO delivered to Merced a $4,000 check as part of a larger package of promised inducements. Merced caused the check to be cashed. When Merced was questioned about the check by law enforcement agents in September 2019, she denied knowledge of it, and stated that the $4,000 was probably a loan from the lab CEO to her husband. Shortly after her interview with the agents concluded, Merced called the lab CEO and asked that he alter the lab’s financial records so that the entry for the $4,000 check would say “rent/loan,” consistent with the lie she told the agents.
EKRA, enacted by Congress in October 2018 as part of a broader package of legislation aimed at combatting the opioid crisis, prohibits, among other things, the solicitation or receipt of kickbacks in exchange for the referral of urine drug testing services. Merced’s EKRA conviction is believed to be the first in the nation.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General, Atlanta Field Office, and Kentucky Attorney General Daniel Cameron jointly announced the guilty plea.
The investigation was conducted by the U.S. Department of Health and Human Services, Office of Inspector General, and the Kentucky Office of Attorney General, Medicaid Fraud Control Unit. The U.S. Attorney’s Office was represented by Assistant U.S. Attorney Paul McCaffrey.
Merced is scheduled to be sentenced on May 1, 2020. She faces up to 20 years in prison and a maximum fine of $250,000. However, any sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal statutes.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Jan. 7 was:
Breanne Lee Wieder, 30, of Billings, on charges of prohibited person in possession of a firearm and possession of a firearm with an obliterated serial number. If convicted of the most serious crime, Wieder faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Wieder was detained pending further proceedings. The Billings Police Department, Yellowstone County Sheriff’s Office, Montana Department of Corrections, Probation and Parole and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Pacer case reference. 19-138.
Appearing on Jan. 8 was:
Amy Kathleen Sullivan, 50, of Lavina, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. If convicted of the most serious crime, Sullivan faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Sullivan was detained pending further proceedings. The FBI West task force investigated the case. Pacer case reference. 19-132.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Jan. 7 was:
Brian Dean Ward, 35, and Terence Kenneth Holloway, 23, both of Chicago, IL, on charges of conspiracy to possess with intent to distribute controlled substance and possession with intent to distribute controlled substances. If convicted of the most serious crime, Ward and Holloway face a minimum mandatory five years to 40 years in prison, a $5 million fine and four years of supervised release. Ward was detained pending further proceedings. The Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Great Falls Police Department, Russell Country Task Force, U.S. Marshals Service and Teton County Sheriff’s Office investigated the case. Pacer case reference. 19-89.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Independence Man Pleads Guilty to Meth Trafficking, Illegal FirearmsRead the Press Release
KANSAS CITY, Mo. – An Independence, Missouri, man pleaded guilty in federal court today to illegally possessing methamphetamine and firearms.
Devin D. Cofer, 24, pleaded guilty before U.S. District Judge Howard F. Sachs to one count of possessing methamphetamine with the intent to distribute and one count of possessing firearms in furtherance of a drug-trafficking crime.
By pleading guilty today, Cofer admitted he was in possession of a Glock .40-caliber semi-automatic handgun and a Taurus 9mm semi-automatic handgun on April 19, 2019. Cofer, a daily methamphetamine user, traded three grams of methamphetamine and $50 to purchase the Taurus.
Cofer also admitted that he possessed 86.3 grams of methamphetamine, which he intended to distribute, on May 17, 2019. Cofer also possessed a Walther semi-automatic handgun and a Glock .40-caliber semi-automatic handgun in furtherance of his intended distribution of methamphetamine. Cofer admitted to having purchased the Glock two days prior by trading seven grams of methamphetamine for the weapon, and purchasing the Walther two days prior from a “dope guy.”
Under federal statutes, Cofer is subject to a sentence of up to 20 years in federal prison without parole for the drug-trafficking count, plus a consecutive mandatory minimum sentence of five years in federal prison without parole for the firearms count. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Special Assistant U.S. Attorney Caleb J. Aponte, who is a cross-designated prosecutor from the Missouri Attorney General’s office as part of the Safer Streets Initiative to combat violent crime. It was investigated by the Independence, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.Hattiesburg Man Sentenced for Illegally Possessing Firearm under Project EJECTRead the Press Release
Hattiesburg, Miss. – James Douglas Maxwell, 26, of Hattiesburg, was sentenced yesterday by Senior U.S. District Judge Keith Starrett to four months in prison, consecutive to the 11 months he has already served, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Kurt Thielhorn with the Bureau of Alcohol, Tobacco, Firearms and Explosives. Maxwell was also ordered to pay a $3000 fine and to serve three years of supervised release following his confinement.
Maxwell was previously convicted in Forrest County in 2013 of being an accessory after the fact to armed robbery and was sentenced to serve 20 years in the custody of the Mississippi Department of Corrections with all 20 of those years suspended. On February 14, 2019, Maxwell was found in possession of a firearm during a traffic stop in Hattiesburg. He pled guilty before Judge Starrett on October 2, 2019.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) and Project Guardian. EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Forrest County Sheriff’s Office investigated the case. The case was prosecuted by Assistant United States Attorney Andrew W. Eichner.
Hattiesburg Man Pleads Guilty to Hobbs Act Robbery under Project EJECTRead the Press Release
Hattiesburg, Miss. – D’Andre Garry, 23, of Hattiesburg, pled guilty yesterday, before Senior U.S. District Judge Keith Starrett, to committing Hobbs Act Robbery, announced U.S. Attorney Mike Hurst and Special Agent in Charge Kurt Thielhorn with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On March 31, 2019, Garry and a criminal associate robbed a Family Dollar store in Hattiesburg. As Garry’s associate held the cashier at gunpoint, Garry emptied the cash register. The robbery was captured by store surveillance and Garry was quickly apprehended by Hattiesburg Police officers.
Garry will be sentenced by Judge Starrett on May 5, 2020 at 9:45 a.m. He faces a maximum penalty of 20 years in prison and a $250,000 fine.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) and Project Guardian. EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Hattiesburg Police Department investigated the case. The case is being prosecuted by Assistant United States Attorney Andrew W. Eichner.
Four indicted on federal charges in Bulloch County drug trafficking conspiracyRead the Press Release
STATESBORO, GA: Four people have been indicted on federal charges for running a methamphetamine distribution ring throughout Bulloch County.
The indictment, returned by a grand jury in U.S. District Court, charges the four – Clifton Pittman, 50, of Reidsville, Ga.; Hope Mitchell, 44, of Reidsville; Clarence Johnson, 55, of Statesboro; and Joy Leigh Horton, 36, of Savannah – with Conspiracy to Possess with Intent to Distribute and to Distribute 50 Grams or More of Methamphetamine, and Possession with Intent to Distribute 50 Grams or More of Methamphetamine, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. If convicted, the defendants face possible sentences of up to life in prison.
“Of all our partners in law enforcement, a community’s citizens often are the most helpful,” said U.S. Attorney Christine. “Their assistance, as in this case, contributes to safer neighborhoods, and supports the work of law enforcement agencies in removing bad elements.”
After receiving multiple complaints from area residents, the Bulloch County Sheriff’s Office Crime Suppression Team visited a home where they observed suspected evidence of drug activity. After subsequently serving a search warrant at the residence, investigators seized kilos of methamphetamine and paraphernalia for drug distribution and consumption.
“These traffickers can no longer deliver dangerous drugs on the streets,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “The collective law enforcement cooperation and the subsequent prosecution by the U.S. Attorney’s Office made this investigation a success.”
Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty.
The case is being investigated by the Drug Enforcement Administration and the Bulloch County Sheriff’s Office, and prosecuted for the United States by U.S. Attorneys Marcela C. Mateo and Frank M. Pennington II.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Former Virgin Islands National Guard Member Sentenced to in Prison for Fraud, a False Statement and Theft of Government MoneyRead the Press Release
St. Croix, USVI – Aesha Rivers, age 44, of St. Croix, was sentenced on January 10, 2020, after being convicted by a federal jury of 48 counts of Wire Fraud; 1 count of Theft of Government Money; and 1 count of False Statement to Government, United States Attorney Gretchen C.F. Shappert announced. The jury trial commenced on April 30, 2019 and concluded on May 2, 2019.
Visiting Judge Anne E. Thompson sentenced Rivers to 12 months and a day in prison, to be followed by 3-year term of supervised release, and a special assessment of $5,000. Additionally, Rivers was ordered to make restitution to the Virgin Islands National Guard in the amount of $71,345.93.
According to trial testimony, Rivers was a Virgin Islands National Guard member who applied for and received Overseas Housing Allowance ("OHA") proceeds between June 1, 2011, and June 30, 2015, for a residence she purchased on St. Croix, for which she held a mortgage through Flagstar Bank.
The OHA program is a reimbursement-based program intended to help defray the higher cost of housing for National Guard members located in the Virgin Islands, Puerto Rico, and Guam. In order to receive OHA proceeds, the National Guard member must submit and certify an application as well as provide documentation to support either an existing rental agreement or HUD-1 to validate an existing mortgage. Annual recertification is also required.
Rivers stopped making her mortgage payments to Flagstar by March 1, 2012, and a foreclosure motion for default judgment was granted to Flagstar on March 18, 2014. Rivers failed to notify the Virgin Islands National Guard of her changed circumstances as to her housing expenses, as required. In addition, she falsely recertified her OHA eligibility annually. As a result, Rivers fraudulently received OHA proceeds through the electronic transfer of funds into her USAA checking account until June 30, 2015. Evidence presented at trial showed that Rivers fraudulently received $71,345.93 from the OHA program.
The U.S. Army CID – Major Procurement Fraud Unit and Homeland Security Investigations investigated the case. Assistant U.S. Attorney Daniel H. Huston prosecuted the case.
Former Supervisory Committee Member of Municipal Credit Union Pleads Guilty to EmbezzlementRead the Press Release
Geoffrey S. Berman, United States Attorney for the Southern District of New York, announced that Joseph Guagliardo, a/k/a “Joseph Gagliardo,” a former New York City Police Department (“NYPD”) officer and former member of the supervisory committee (the “Supervisory Committee”) of Municipal Credit Union (“MCU”), a non-profit financial institution, pled guilty today to abusing his leadership position at MCU to embezzle more than $400,000 dollars from the MCU. GUAGLIARDO pled guilty before United States District Judge Denise L. Cote.
U.S. Attorney Geoffrey S. Berman said: “As he has now admitted, Joseph Guagliardo betrayed the trust of MCU’s members, who elected him to supervise and protect MCU, by abusing his position to steal hundreds of thousands of dollars. Today’s plea is yet another step forward in this Office’s efforts to fully investigate and prosecute those who abused positions of authority at MCU, a multibillion-dollar, non-profit, federally insured credit union, to enrich themselves and their families at the expense of its hard-working members.”
According to the allegations contained in the Complaint, Information, publicly-available information, court filings, and statements made during the plea proceeding:
MCU is a non-profit financial institution headquartered in New York, New York, which is federally insured by the National Credit Union Administration (“NCUA”). MCU is the oldest credit union in New York State and one of the oldest and largest in the country, providing banking services to more than 500,000 members, and with more than $2.9 billion in member accounts, each of which is federally insured for at least $250,000 by the National Credit Union Share Insurance Fund, which is administered by the NCUA. Membership in MCU is generally available to employees of New York City and its agencies, employees of the federal and New York state governments who work in New York City, and employees of hospitals, nursing homes, and similar facilities located within New York State.
GUAGLIARDO is a former officer with the NYPD and a former Supervisory Committee member of MCU, a volunteer position. In or about 1993, GUAGLIARDO joined the Supervisory Committee, and remained in that position until he was removed from that position by the New York State Department of Financial Services on or about May 24, 2018, except for a brief period of time when he served as a member of MCU’s board of directors in or about 2008.
Under New York banking law, the Supervisory Committee’s duties included supervision of the actions of MCU’s board of directors and officers. MCU’s written conflict of interest policy, which was regularly distributed to board members, Supervisory Committee members, and others, provided, among other things, that members of MCU’s “Board of Directors and Supervisory Committee may not do business with the Credit Union, either individually or as representative of any business entity.”
From 2009 through May 2018, in violation of MCU policy and his fiduciary duty as a member of the Supervisory Committee, GUAGLIARDO engaged in a scheme to obtain money from MCU to which he knew he was not entitled, and took steps to conceal his efforts. Among other things, GUAGLIARDO caused MCU to direct more than $250,000 to a security company created and controlled by GUAGLIARDO, but operated in another’s name, and then directed that money from that company be paid to him and to his family members. GUAGLIARDO also over-billed MCU more than $200,000 for purported web advertising services provided by a non-profit organization that GUAGLIARDO also controlled.
In addition, during substantially the same period in which GUAGLIARDO was committing these offenses, GUAGLIARDO unlawfully distributed controlled substances to the former chief executive officer of MCU, in the form of prescription drugs, some of which were obtained from GUAGLIARDO’s spouse, who worked as a doctor affiliated with a public hospital, and some of which were obtained from a different doctor affiliated with the NYPD.
* * *
GUAGLIARDO, 62, of Brooklyn, New York, pled guilty to one count of embezzlement from a federally insured credit union, which carries a maximum penalty of 30 years in prison. In his written plea agreement, GUAGLIARDO agreed to forfeit at least $425,514, and to pay at least $468,189 in restitution to MCU.
GUAGLIARDO is scheduled to be sentenced by Judge Cote on April 10, 2020, at 2:30 p.m.
The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as the sentence of GUAGLIARDO will be determined by the Court.
U.S. Attorney Berman praised the outstanding work of the Special Agents of the United States Attorney’s Office. Mr. Berman also thanked the New York County District Attorney’s Office, the New York State Department of Financial Services, and the NYPD Internal Affairs Bureau for their assistance.
The case is being prosecuted by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Eli J. Mark and Daniel C. Richenthal are in charge of the prosecution, with assistance of Special Assistant U.S. Attorney Alona Katz from the New York County District Attorney’s Office.
Flathead Valley methamphetamine trafficker sentenced to prisonRead the Press Release
MISSOULA—A Flathead Valley man who admitted possessing methamphetamine for distribution and having firearms in relation to meth trafficking was sentenced today to 10 years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Patrick Ryan O’Leary, 56, of Martin City, pleaded guilty in September to possession with intent to distribute meth and to possessing a firearm in furtherance of a drug trafficking crime.
Chief U.S. District Judge Dana L. Christensen presided.
In court documents filed in the case, the prosecution said in March 2019, drug task force agents received information that O’Leary and his wife, Toni Jean Krause, a co-defendant, were involved in distributing meth in the Flathead Valley. Agents executed a search warrant at the couple’s Martin City residence and seized about 400 grams of meth, surveillance equipment, three firearms, electronic evidence and a large quantity of U.S. currency. The firearms included a pump-action shotgun, a semi-automatic shotgun and a semiautomatic rifle. Krause pleaded guilty in the case and is awaiting sentencing.
In June 2019, agents stopped O’Leary while he was making a drug run and found about 11 ounces of meth on his motorcycle and a loaded .357 magnum revolver on his person. O’Leary admitted to law enforcement that the meth was his and that he possessed the revolver.
Assistant U.S. Attorney Tom Bartleson prosecuted the case, which was investigated by Immigration and Customs Enforcement, the Northwest Montana Drug Task Force, Flathead County Sheriff’s Office, Kalispell Police Department and the Whitefish Police Department.
This case is part of Project Guardian, the U.S. Department of Justice’s recent initiative to reduce gun violence and enforce federal firearms laws, and Project Safe Neighborhoods, the USDOJ’s initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 36% from 2013 through 2018. Through these initiatives, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Fayetteville Man Sentenced to More Than 17 Years for Heroin DistributionRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announces that United States District Judge Louise W. Flanagan sentenced ANTHONY GABRIEL JOHNSON, 42, of Fayetteville, NC, today. JOHNSON was sentenced to 212 months imprisonment followed by 5 years of supervised release.
On July 18, 2018, JOHNSON was named in a two-count Indictment charging him with conspiracy to distribute and possession with intent to distribute one kilogram or more of heroin and possession with intent to distribute 100 grams or more of heroin. On September 4, 2019, JOHNSON pled guilty to those charges.
On April 4, 2018, the Fayetteville Police Department (FPD) and the Federal Bureau of Investigation (FBI) learned that JOHNSON was selling large quantities of heroin and cocaine from his residence in Fayetteville. Investigators met with a Confidential Informant (CI) for the purpose of conducting a controlled purchase of an ounce of heroin from JOHNSON. The CI entered the residence, purchased the heroin from JOHNSON, and returned to the investigator’s vehicle several minutes later. A subsequent laboratory analysis confirmed the substance as heroin, which weighed approximately 27.86 grams.
Officers set up surveillance of JOHNSON’S residence on May 25, 2018. From the morning of May 25, 2018, to midnight of May 26, 2018, the investigator observed approximately 25 vehicles arrive and stay at the residence for a short period of time. On May 29, 2018, via continued surveillance of JOHNSON’S residence, officers observed a vehicle arrive and park in the driveway of the residence. Several minutes later, the vehicle left the residence and was followed by an unmarked law enforcement vehicle. The driver of the vehicle was pulled over after running a red light. During the stop, the driver was observed throwing a bag of suspected cocaine from the vehicle. The individual was found to be in possession of approximately 7.8 grams of powder cocaine packaged in 23 baggies, 8 grams of crack cocaine packaged in 28 baggies, 4.2 grams of heroin, and 125.9 grams of marijuana.
On May 31, 2018, law enforcement executed a search warrant at JOHNSON’S residence and JOHNSON was detained in the living room. During a search of the exterior of the residence, officers located a crawl space where six sandwich bags containing 169 grams of heroin was found. Officers also seized $768 currency. Letters in JOHNSON’S name were located inside the home, along with his cell phone. The defendant was transported to a police station to be interviewed.
JOHNSON agreed to an interview with investigators. JOHNSON admitted to selling heroin from his current residence and a previous residence in Fayetteville. JOHNSON also acknowledged that he was on state post-release supervision and house arrest while he was selling heroin. He indicated that he recently received 200 grams of heroin.
Based upon the investigation, JOHNSON is responsible for the possession and/or distribution of 1,055.5 grams of heroin and he maintained a premise where he stored and distributed heroin.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For additional information about this initiative, click here https://www.justice.gov/usao-ednc/tbnc.
The Federal Bureau of Investigation and the Fayetteville Police Department investigated this case. Assistant United States Attorney Scott A. Lemmon prosecuted this case for the government.
Fayetteville Man Sentenced to More Than 11 Years for Carjacking and Gun CrimesRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge Louise W. Flanagan sentenced ANTONIO TAPIA DOMENA, Jr., 22, of Fayetteville to 141 months imprisonment, followed by 5 years of supervised release.
DOMENA was named in an Indictment filed on November 27, 2018 charging him with Possession of a Firearm by a Convicted Felon, Carjacking, and Brandishing a Firearm in Furtherance of a Crime of Violence. On August 13, 2019, DOMENA pleaded guilty to Carjacking and Brandishing a Firearm in Furtherance of a Crime of Violence
According to the investigation, on July 23, 2018, three men approached a female soldier in the early morning hours and surrounded her as she was returning to her apartment. One of the men brandished a firearm, pushed her to the ground, and demanded her belongings. Another male stole her purse and removed the contents, stealing car keys, U.S. currency, Korean currency, and her cell phone. The suspects stole the victim’s vehicle, which contained military gear and other personal belongings. Officers with the Fayetteville Police Department responded, observed the vehicle, and conducted a traffic stop. All three individuals fled on foot, but officers successfully apprehended DOMENA. Officers then searched DOMENA and recovered a stolen .38 caliber revolver, an unknown amount of Korean currency, and $116 in U.S. currency.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Fayetteville Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) conducted the investigation in this case. Assistant United States Attorney Chad Rhoades handled the prosecution of this case for the government.
Fayetteville Man Convicted in Federal Court Sentenced to More Than 10 Years for Drug and Gun CrimesRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that in federal court, United States District Judge Louise W. Flanagan sentenced DELTON EUGENE WARREN, 56, of Fayetteville to 138 months imprisonment, followed by 3 years of supervised release.
WARREN was named in an Indictment filed on September 21, 2017 charging him with Distribution of a Quantity of Cocaine Base (crack), Possession with Intent to Distribute 28 grams or More of Cocaine Base (crack), Possession of a Firearm in Furtherance of a Drug Trafficking Crime and Possession of a Firearm by a Felon. On May 8, 2019, WARREN was found guilty after a jury trial.
According to the investigation, on February 22, 2017, Officers with the Fayetteville Police Department received information from a confidential source that WARREN was selling cocaine. Officers conducted four controlled buys over a period of 3 months from WARREN for crack cocaine and conducted a trash pull from WARREN’s residence. (Controlled purchases took place on February 22, 2017, February 27, 2017, March 9, 2017, and March 20, 2017). On April 27, 2017, Officers executed a search warrant at WARREN’s residence and found 17.65 grams of marijuana, 156.51 grams of crack cocaine, 95.94 grams of cocaine, drug paraphernalia, approximately $15,000 cash, and a stolen 9mm handgun firearm. WARREN is a convicted felon and prohibited from possession of firearms.
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. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case is also 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 United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Fayetteville Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) conducted investigation of this case. Assistant United States Attorneys Jane Jackson and Chad Rhoades handled the prosecution of this case for the government.
Drug Dealer Sentenced to 102 Months of Federal PrisonRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that Wilson Colon-Sierra, 33, of Elkton, Maryland was sentenced earlier this week in federal court in Delaware for his role in a drug trafficking conspiracy that resulted in the heroin overdose death of Jennifer Rodick of Wilmington, Delaware.
According to court documents and statements made in open court, Jennifer Rodick overdosed on a bag of heroin on January 3, 2018. After an investigation by the Drug Enforcement Administration and New Castle County Police Department, witness statements and phone location data established that Colon-Sierra had sold the bag of heroin that was ultimately used by Jennifer Rodick.
Colon-Sierra was arrested in his home in Elkton, Maryland in March 2018 in possession of over 160 grams of heroin and 82 grams of crack cocaine, which he admitted that he conspired to distribute.
Chief United States District Judge Leonard P. Stark found that Colon-Sierra’s drug conspiracy crime resulted in the death of Jennifer Rodick and that Colon-Sierra was a leader of the drug conspiracy that ultimately caused Rodick’s death. As a result, Chief Judge Stark granted a motion by the United States to enhance Colon-Sierra’s sentence because Colon-Sierra’s conduct resulted in a death, imposing a sentence of 8 ½ years in federal prison.
U.S. Attorney Weiss commented, “In the midst of the opioid epidemic, the U.S. Attorney’s Office and Drug Enforcement Administration are committed to investigating and prosecuting those who profit off of the addictions of others and put this poison on the streets of Delaware. Cases like this one are why we have created the First State Overdose Task Force. We are thankful to our federal and state partners for their hard work in investigating this case.”
“Colon-Sierra was responsible for the distribution and sale of heroin that resulted in the death of Jennifer Rodick,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “The criminal penalties for drug-traffickers like Colon-Sierra who sell and distribute dangerous drugs that result in lost lives are very severe. The DEA remains committed to pursuing the drug-traffickers that pose the greatest danger to our communities.” DEA wishes to thank the U.S. Attorney’s Office for their outstanding efforts throughout this investigation and trial.”
This case was investigated by the Drug Enforcement Administration in coordination with the New Castle County Police Department. The case was prosecuted by Assistant U.S. Attorneys Alexander P. Ibrahim and Ruth E. Mandelbaum.
Doctor and Sales Rep Charged in $12 Million Fraud Scheme Targeting Tricare and Extensive Cover UpRead the Press Release
LITTLE ROCK—A doctor and a medical sales representative have been charged in a scheme to pay and receive kickbacks to generate expensive prescriptions for compounded drugs. TRICARE, the military’s health insurer, paid over $12 million for the prescriptions, which the indictment alleges were rubber stamped without examining patients or regard to medical necessity. The 43-count indictment alleges the scheme also encompassed widespread efforts to obstruct the ensuing investigation.
Cody Hiland, U.S. Attorney for the Eastern District of Arkansas, Diane Upchurch, Special Agent in Charge of the FBI Little Rock Field Office, and Latisha Cleveland, Acting Special Agent in Charge of the Dallas Regional Office of the U.S. Department of Health and Human Services, Office of the Inspector General, announced the indictment, which was handed down yesterday by a federal grand jury and included charges for conspiracy, wire fraud, mail fraud, Anti-Kickback violations, aggravated identity theft, money laundering, lying to the FBI, falsifying records, and obstruction of justice.
The indictment alleges that recruiters sought TRICARE beneficiaries to receive the drugs, promising to secure their prescriptions (without any doctor consult) and, at times, offering them money to sign up. Upon receipt of TRICARE beneficiary information from recruiters, the ringleader of the scheme sent pre-filled prescriptions—with drugs to be dispensed, refills authorized, and patient names already listed—to medical professionals who signed without consulting patients or any regard to medical necessity. Prescriptions went to a Mississippi pharmacy, which shipped drugs nationwide and billed TRICARE for reimbursement.
According to the indictment, local doctor Joe David May, also known as Jay May, of Alexander, rubber stamped pre-filled prescriptions for over 100 beneficiaries for which TRICARE paid $4.5 million. May received pre-filled prescriptions from Derek Clifton, also of Alexander. The indictment alleges the ringleader paid Clifton to get May to sign the prescriptions despite knowing Clifton shared his payout with May. Clifton also had May sign pre-filled prescriptions for beneficiaries solicited by Clifton himself and his own recruiters. Clifton received over $740,000 tied to May’s prescriptions, which he used to buy a car, fund his retirement account, and purchase a home.
The indictment alleges Clifton, who previously coached high school basketball, began by recruiting three former players who joined the military. Each agreed to receive drugs after being offered money, and one later received $1,200 cash hidden inside a Stetson cowboy hat. Together they received nearly $500,000 in drugs prescribed by May.
According to the indictment, May used a cell phone app to electronically sign batch after batch of pre-filled prescriptions, including signing 8 pre-filled prescriptions within just 3 minutes of receipt, 10 within 5 minutes, and 13 within 13 minutes. In the final days before TRICARE reimbursements were expected to plummet, May rubber stamped more than 50 pre-filled prescriptions for which TRICARE paid $1.2 million. Many of those beneficiaries were recruited during a meeting at a North Little Rock National Guard facility where attendees were each offered $1,000 for receiving drugs.
The indictment alleges the only TRICARE beneficiary May actually treated before prescribing drugs was a 91-year-old widow suffering from dementia whom May noted neither “report[ed] any pain” nor appeared to be in pain. Nevertheless, he prescribed her $40,000 in pain cream off the books, failing to log the drugs in her official hospital chart.
According to the indictment May received cash kickbacks for signing, which participants openly discussed. When the ringleader joked about being hounded for payouts by texting Clifton “Hashtag for the day... [Ringleader], is my check ready? # Lol” Clifton replied “Haha! Meeeee toooo Jay already called asking this morning too...even the rich man[.]” Later, Clifton lamented falling TRICARE reimbursement rates by texting the ringleader “$210 minus half for tax$105 [sic] then dr’s cut then patients cut..... Yikes[.]” According to the indictment May deposited over $15,000 in cash in 2015 (compared to under $500 in 2014), including $10,000 during the same three-month period at the height of the scheme during which time Clifton withdrew over $15,000 in cash.
According the indictment, following a CBS News exposé and complaints of doctors signing prescriptions “on the down low” without seeing patients, recruiters were instructed to relay prescriber names to beneficiaries so beneficiaries could behave as if they “knew and saw there [sic] doctor” if they came into contact with the pharmacy.
The indictment alleges the ruse continued once federal agents began to investigate, with May and another prescriber both falsely claiming to have consulted patients before signing prescriptions and both producing phony medical records to make it appear patients had been consulted. Records produced by May related to beneficiaries never examined and cited made-up injuries and surgeries patients never experienced. Similarly, Clifton altered records produced to the Grand Jury to conceal the names of TRICARE beneficiaries who received drugs and withheld hundreds of prescriptions, emails, and other records from the Grand Jury that the FBI would later discover when searching his email account.
“Our healthcare system relies upon the integrity of those who practice in the field. It is our mission to root out those who would prey upon such vulnerability and prosecute them to the fullest extent of the law,” said U.S. Attorney Cody Hiland. “The assembly line alleged in this case of fraudulent prescriptions fueled by kickbacks was especially concerning because it attacked TRICARE, our military’s health insurer. Equally troubling are the allegations of a widespread campaign to throw investigators off the trail by lying to the authorities, falsifying medical records, tampering with evidence, and attempting to hide material from the Grand Jury. While such tactics may prolong an investigation, today’s indictment shows that they ultimately succeed only in bringing ever more serious charges upon the accused.”
“Unscrupulous medical professionals and fraudsters allegedly stole millions of dollars from the TRICARE program which serves our veterans, military members and their families,” said FBI Special Agent in Charge Diane Upchurch. “In an effort to further pervert the course of justice, the defendants allegedly lied, obstructed justice, and falsified records in order to conceal their crimes. The deliberate targeting of a healthcare program which solely aids our military troops and their families is appalling, and the additional alleged attempts to cover up their criminal actions show the true nature of those indicted today. Alongside our partners at HHS-OIG, we will continue to aggressively investigate fraud within the healthcare industry and we urge anyone with information about suspected healthcare fraud to contact their local FBI Field Office.”
“Fraudulently submitting claims to any federally funded health care benefit program equates to robbing all American taxpayers” said HHS-OIG Acting Special Agent in Charge Latisha Cleveland. “Working closely with our law enforcement partners, our agents are determined to protect our nation’s health care systems. We are committed to ensuring that fraudsters pay for their crimes, especially those that target our military service members and veterans.”
A vigilant public is indispensable to rooting out fraud, waste, and abuse within the healthcare industry. Please email [email protected] if you or someone you know may have information about the compounded drug scheme targeting TRICARE. Please call 1-800-HHS-TIPS (1-800-447-8477) or the FBI with any other tips on suspected fraud, waste, or abuse within the healthcare industry.
This case is being investigated by the FBI and HHS-OIG, and prosecuted by Assistant United States Attorneys Alexander D. Morgan and Stephanie G. Mazzanti.
An indictment contains only allegations. A defendant is presumed innocent unless and until proven guilty.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at
http://www.justice.gov/edar
Twitter: @EDARNEWS
CHARGES AND STATUTORY SENTENCES
Conspiracy is punishable by up to five years’ imprisonment. Wire fraud and mail fraud are punishable by up to twenty years’ imprisonment. Violating the Anti-Kickback statute is punishable by up to ten years’ imprisonment. Aggravated identity theft carries a mandatory two-year prison term, consecutive to any other sentence imposed. Money laundering is punishable by up to ten years’ imprisonment. Lying to the FBI is punishable by up to five years’ imprisonment. Falsification or alteration of records in a federal investigation is punishable by up to twenty years’ imprisonment. Obstruction of justice in violation of 18 U.S.C. § 1503(a) is punishable by up to ten years’ imprisonment. Obstruction of justice in violation of 18 U.S.C. § 1512 (c)(2) is punishable by up to twenty years’ imprisonment.
Each of the proceeding offenses carries a potential fine of up to $250,000 and up to three years’ supervised release.
Clifton, May IndictmentDenver Doctor Justin Neisler Pleads Guilty to Producing Child PornographyRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Dr. Justin Neisler, MD, age 31 of Denver, Colorado, pleaded guilty yesterday to the production of child pornography before U.S. District Court Judge Raymond P. Moore. Dr. Neisler appeared at the change of plea hearing in custody and was remanded at the hearing’s conclusion. He is scheduled to be sentenced by Judge Moore on May 22, 2020. The Denver office of the FBI joined in this announcement.
According to the stipulated facts contained in the plea agreement, on November 2, 2018, the Colorado Springs Police Department’s Internet Crimes Against Children (ICAC) Task Force received a tip that child pornography was being uploaded by Dr. Neisler to a social media website. The uploads took place between October 15, 2018 and December 13, 2018. On March 13, 2019, agents and officers executed a search warrant at Dr. Neisler’s residence. During the search, it was determined that Dr. Neisler kept child pornography on his cell phone and on various other electronic media. A later forensic review by the FBI of Dr. Neisler’s electronic devices revealed approximately 6,600 still images and 1,725 videos of child pornography that he had obtained from the Internet.
During the search, Dr. Neisler admitted to investigators that, in his professional capacity, he conducted medical examinations of minors and others. The investigation determined that Dr. Neisler had secretly video recorded a number of these medical exams, while his patients were undressed, without his patients’ knowledge, using a Spy Pen Camera and his iPhone. He would then watch those videos at home for his own sexual gratification. As part of investigating and prosecuting this case, minor victims have been identified and interviewed to make certain that no other hands-on offenses occurred, and that those victims’ needs are addressed, and that the videos of those victims have not been distributed.
“There are few violations of trust worse than when a doctor takes advantage of a child in the exam room for his own sexual gratification,” said U.S. Attorney Jason Dunn. “Thankfully, Dr. Neisler was caught and will never again be in a position to harm children under the guise of helping them.”
“Today’s plea represents the FBI’s dedication to pursuing those that exploit children,” said FBI Denver Special Agent in Charge Dean Phillips. “The identification and apprehension of child predators is a priority for the FBI, and this case should serve as a deterrent to those who utilize their positions of trust in the victimization of children.”
Dr. Neisler faces not less than 15 years and not more than 30 years in federal prison. The defendant is being prosecuted by Assistant U.S. Attorneys Patricia Davies and Alecia Riewerts.
Deli Employee Arrested for Selling Controlled Substances Near Two Hamburg SchoolsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Mohammed Alawi, 52, of Lackawanna, NY, was arrested and charged by criminal complaint with possession with intent to distribute, and distribution of, a controlled substance, and distribution of a controlled substance in or near schools. The charges carry a maximum penalty of 40 years in prison and a $2,000,000 fine.
Assistant U.S. Attorneys Jeremiah E. Lenihan and Michael J. Adler, who are handling the case, stated that according to the complaint, in September 2019, the Hamburg Police Department and the Drug Enforcement Administration began investigating the defendant after he was identified as selling hydrocodone, a Schedule II Controlled Substance, from inside Bayview Deli on Bayview Road in Hamburg. The deli is across the street from Big Tree Elementary School and Frontier Central High School.
It is alleged, that on October 3 and November 6, 2019, the DEA conducted two controlled purchases of hydrocodone from Alawi. According to the New York State Bureau of Controlled Substances, the defendant has filled several prescriptions issued by his doctor for hydrocodone.
Alawi has a previous federal felony conviction. In 2016, the defendant was convicted of misbranding food held for sale after shipment in interstate commerce with intent to mislead.
“To pedal opioids within a stone’s throw of our most precious commodity—our children—is particularly egregious,” stated U.S. Attorney Kennedy. “While our kids belong in school, greedy drug dealers, who disregard the safety of our kids and fail to respect the sanctity of our schools, belong in jail.”
“Our cases take us all over the world, but sometimes the most important ones are in our backyard,” said DEA Special Agent-in-Charge Ray Donovan. “As a result of today’s arrest, we have reinforced student safety and significantly increased the quality of life in the Town of Hamburg. I applaud the law enforcement collaboration throughout this investigation.”
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions.
The complaint is the result of an investigation by the Hamburg Police Department, under the direction of Chief Gregory Wickett, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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DOJ and FTC Announce Draft Vertical Merger Guidelines for Public CommentRead the Press Release
The Department of Justice today withdrew the 1984 DOJ Non-Horizontal Merger Guidelines, and, together with the Federal Trade Commission (FTC), released new draft 2020 Vertical Merger Guidelines (draft guidelines) and seeks public comment. The draft guidelines, open to comment for 30 days, describe how the federal antitrust agencies review vertical mergers to evaluate whether the mergers violate antitrust law. Vertical mergers combine two or more companies that operate at different levels in the same supply chain. The draft guidelines outline the agencies’ principal analytical techniques, practices, and enforcement policy for vertical mergers.
The agencies will review and consider the public comments before issuing final Vertical Merger Guidelines. The agencies cooperated closely in preparing the draft guidelines, which reflect the agencies’ significant experience in analyzing vertical mergers. The guidelines are intended to assist the business community and antitrust practitioners by providing transparency about the agencies’ antitrust enforcement policy with respect to vertical mergers.
“I appreciate the Antitrust Division working to update this decades-old statement regarding the practices and policies of the federal enforcement agencies in this critical area, in coordination with the Federal Trade Commission,” said Deputy Attorney General Jeffrey A. Rosen. “As this effort demonstrates, the Department of Justice is committed to principled and transparent antitrust enforcement, which promotes free enterprise, market competition, and ultimately the welfare of American consumers. We look forward to public input and finalizing this important work, along with the FTC.”
“While many vertical mergers are competitively beneficial or neutral, both the Department and the Federal Trade Commission have recognized for over 25 years that some vertical transactions can raise serious concern,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “The revised draft guidelines are based on new economic understandings and the agencies’ experience over the past several decades and better reflect the agencies’ actual practice in evaluating proposed vertical mergers. Once finalized, the Vertical Merger Guidelines will provide more clarity and transparency on how we review vertical transactions. I look forward to receiving comments on these draft guidelines and working with the Federal Trade Commission in finalizing them.”
“Challenging anticompetitive vertical mergers is essential to vigorous enforcement. The agencies’ vertical merger policy has evolved substantially since the issuance of the 1984 Non-Horizontal Merger Guidelines, and our guidelines should reflect the current enforcement approach. Greater transparency about the complex issues surrounding vertical mergers will benefit the business community, practitioners, and the courts,” said FTC Chairman Joseph J. Simons. “We invite comments from all stakeholders to help ensure that the guidelines clearly and accurately convey the agencies’ antitrust enforcement policy with respect to vertical mergers.”
The draft guidelines adopt the principles and analytical frameworks in the agencies’ Horizontal Merger Guidelines, including market definition, the analytic framework for evaluating entry considerations, the treatment of the acquisition of a failing firm or its assets, and the acquisition of a partial ownership interest. The draft guidelines describe the analytical and enforcement considerations that are specific to vertical mergers.
The draft guidelines:
- describe potential anticompetitive effects resulting from vertical mergers, which may include both unilateral and coordinated effects;
- identify foreclosure and raising rivals’ costs and access to competitively sensitive information as potential elements of antitrust harm under unilateral effects;
- describe an analytic framework for analyzing potential anticompetitive effects of foreclosure and raising rivals’ costs;
- discuss how the elimination of double marginalization may mitigate or completely neutralize the potential anticompetitive effects of vertical mergers;
- discuss cognizable merger efficiencies that are specific to vertical mergers;
- provide a number of examples to provide more clarity about the agencies’ analytical methods in evaluating vertical mergers.
Comments on the draft guidelines can be emailed to [email protected] and [email protected], and must be received no later than Feb. 11, 2020.
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.
Convicted Sex Offender Sentenced to Federal Prison for Failing to Register in IowaRead the Press Release
A convicted sex offender who failed to register as required while living in Iowa for over a year was sentenced today to more than two years in federal prison.
Pollock Gerald Rush, Sr., age 49, last living in Cedar Rapids, Iowa, received the prison term after a June 26, 2019 guilty plea to one count of failing to register as a sex offender.
At the guilty plea, Rush admitted to failing to register as a sex offender while living in Iowa from March 2018 through April 2019. Rush was required to register because he had previously been convicted of criminal sexual abuse using force in Illinois in 2014. In that case, Rush sexually abused his minor stepdaughter and both physically assaulted her and threatened to kill her if she reported the abuse. Rush has a lengthy criminal history, including convictions for attempted armed robbery in 1995 and domestic abuse assault in 2019.
Rush was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Rush was sentenced to 29 months’ imprisonment. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Rush is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the United States Marshall’s Service.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 19-CR-43.
Follow us on Twitter @USAO_NDIA.
Columbia Man Sentenced to 188 months in Federal Prison for Unlawful Possession of a FirearmRead the Press Release
Columbia, South Carolina ---- Acting United States Attorney A. Lance Crick announced that McKinley Earl Morant, age 35, of Columbia, South Carolina, was sentenced to 188 months in federal prison followed by a three-year term of supervised release after pleading guilty in September 2019 to being a felon in possession of a firearm. Senior United States District Judge Cameron M. Currie imposed the sentence.
Evidence presented in court established that during the evening of April 17, 2018, Columbia Police Department (CPD) officers were investigating a shooting incident near Elmwood Avenue and Two Notch Road and received a description of a car possibly involved in the incident. A CPD officer saw a car matching the description and followed it to a nearby gas station parking lot. Morant parked the vehicle, got out and walked inside the gas station. Morant was initially arrested inside the gas station for failing to follow police commands. Officers saw a .45 caliber pistol lying on the driver’s side floorboard of the car that Morant was driving. Officers then searched the car and found several methamphetamine pills, a quantity of marijuana, a digital scale and a box of .45 caliber ammunition in addition to the pistol.
Morant was convicted of five counts of armed robbery in 2002 as well as unlawful possession of a controlled substance in 2016 and is prohibited under federal law from possessing a firearm or ammunition. Morant was also on bond for a stalking charge from Laurens, South Carolina at the time of this offense.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Columbia Police Department. Assistant United States Attorney Christopher D. Taylor prosecuted the case.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Colombian National Sentenced to More Than 24 Years for Conspiring to Send More Than 12,000 Kilograms of Cocaine to the Sinaloa CartelRead the Press Release
Tampa, FL – U.S. District Judge Richard A. Lazzara today sentenced Jimmy Riascos-Riascos (44) to 24 years and 4 months in federal prison for conspiring to distribute cocaine on board vessels subject to the jurisdiction of the United States.
Riascos-Riascos had pleaded guilty on July 18, 2019.
According to court records, Riascos-Riascos was a member of a transnational criminal organization that dispatched self-propelled semi-submersible (SPSS) vessels from Colombia into the Pacific Ocean, destined for Sinaloa Cartel members in Oaxaca, Mexico. Riascos-Riascos was involved in installing the engines on these SPSS vessels, recruiting mechanics to travel onboard, and providing instructions to crewmembers on how to operate the engines. Two of these SPSS vessels were interdicted in international waters resulting in the seizure of more than 12,000 kilograms of cocaine and the prosecution of the crewmembers in the Middle District of Florida.
Riascos-Rascos further admitted to being a crewmember on an SPSS that successfully reached its destination in Mexico, in May 2015.
This case was investigated by the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the U.S. Coast Guard Investigative Service, the Naval Criminal Investigative Service, and the U.S. Southern Command's Joint Interagency Task Force South. 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. The case was prosecuted by Assistant United States Attorney Dan Baeza.
Co-Owner of Gas Station Pleads Guilty to Distributing SpiceRead the Press Release
ALEXANDRIA, Va. – A Gainesville man pleaded guilty today to selling synthetic cannabinoids—commonly known as “spice” or “K2”—from the gas station he owned and operated with his business partner in Fauquier County.
“Spice is a toxic mix of dangerous chemicals that can be deadly,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “These chemicals can mimic the effects of PCP, a powerful and dangerous hallucinogenic. Many people wrongly assume spice is innocuous, and it is often our young people who fall victim to these illegal drugs, obtaining them at gas stations and convenience stores without any idea how dangerous they can be.”
According to court documents, Nasser A. Latif, 70, and his business partner have sold spice from their gas station, located in Warrenton, since 2012. Latif and his partner primarily sold 5-gram packets of spice, packaged in silver pouches bearing various logos, brand names, or images; including “Scooby Doo,” “Diablo,” “Bizarro,” and “24 Monkey.” The spice cost at least $53 per packet.
“We appreciate the tremendous working relationships with our law enforcement partners that resulted in holding these perpetrators accountable,” said Sheriff Robert P. Mosier of Fauquier County. “This investigation has undoubtedly saved lives by getting these synthetic or “designer drugs” off the street, which were responsible for medical occurrences, some even requiring hospitalizations. We will always work with vigilance for the continued protection of our community from those that would exploit the weaknesses associated with addictions.”
“For years, these individuals sold their illicit products in our community, profiting from their toxic and deadly goods,” said Raymond Villanueva, special agent in charge for U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) Washington D.C. field office. “HSI is committed to taking individuals peddling dangerous substances off our streets.”
In December 2017, law enforcement seized more than seven kilograms of spice, as well as nearly $300,000 in cash from Latif’s residence, as well as approximately $118,000 from the gas station’s business account.
Latif pleaded guilty to conspiracy to distribute, and possession with intent to distribute, Schedule I controlled substances and controlled substance analogues. He faces a maximum penalty of 20 years in prison when sentenced on March 27. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case was prosecuted as part of Organized Crime Drug Enforcement Task Force (OCDETF) Operation Scary Spice. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Robert P. Mosier, Fauquier County Sheriff; Raymond Villanueva, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C.; and Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement after U.S. District Judge Rossie D. Alston accepted the plea. Assistant U.S. Attorneys Katherine E. Rumbaugh and Bibeane Metsch are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-001.
Charleston Man Pleads Guilty to Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man pled guilty to a gun crime, announced United States Attorney Mike Stuart. Harry Lee Nguyen, 23, pled guilty to being a felon in possession of a firearm.
“My office is committed to rooting out violence on Charleston’s west side,” said United States Attorney Mike Stuart. “An important part of our strategy is enforcing federal firearms laws and keeping guns out of the wrong hands. Nguyen is prohibited from possessing guns because of his two prior felony convictions.”
Nguyen admitted that in the early morning of August 3, 2019 he was walking on the west side of Charleston with another individual. When police attempted to stop Nguyen, he threw a .40 caliber Smith & Wesson handgun into the yard of a nearby house. The police immediately detained Nguyen and found the firearm.
Nguyen was convicted on February 1, 2016, in the Circuit Court of Kanawha County, West Virginia of Wanton Endangerment Involving a Firearm. He was also convicted on May 1, 2017, in the Circuit Court of Kanawha County, West Virginia of Unlawful Wounding.
Nguyen faces up to ten years in prison when sentenced on April 29, 2020.
The Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Stefan Hasselblad is handling the prosecution.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Cape Cod Man Sentenced for Conspiracy to Distribute Fentanyl, Heroin and CocaineRead the Press Release
BOSTON – A Yarmouthport man was sentenced today in federal court in Boston for his role in a wide-ranging operation that distributed heroin and fentanyl throughout Cape Cod.
Kevin Fraga, 26, was sentenced by U.S. District Court Judge Allison Burroughs to 45 months in prison and five years of supervised release. In November 2017, Fraga agreed to plead guilty to one count of conspiracy to distribute and possession with intent to distribute 400 grams or more of fentanyl, 500 grams or more of cocaine and 100 grams or more of heroin.
Fraga and three others were arrested in August 2017 as part of a drug ring that shipped large quantities of fentanyl, cocaine and heroin from Boston to Cape Cod, where it was redistributed. Fraga and his brother, Alex Fraga, were arrested on Aug. 16, 2017, after law enforcement officers seized large quantities of fentanyl, heroin and cocaine from Kevin Fraga’s Jeep and Winnebago, and the home that Alex and Kevin shared in Yarmouthport. Approximately one week later, Kelvin Chales and James Ramirez, alleged drug suppliers to the Fraga brothers, were arrested, and law enforcement seized fentanyl pills and powdered fentanyl from a drug stash house in Dorchester, Ramirez’s home in Dorchester and a safety deposit box at Santander Bank in Dorchester.
Ramirez previously pleaded guilty and is set to be sentenced on Feb. 5, 2020. Chales is scheduled to plead guilty on Jan. 30, 2020.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Cape and Islands District Attorney Michael O’Keefe made the announcement today. The Brewster, Harwich, Sandwich, Mashpee, Chatham, Yarmouth, and Barnstable Police Departments and the Barnstable County Sheriff’s Department provided assistance with the investigation. Assistant U.S. Attorneys Eric Rosen, Alathea Porter, and Philip Cheng of Lelling’s Criminal Division prosecuted the case.
The details contained in the charging document are allegations. The remaining defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.
California Woman Charged with Hate Crime for Threatening to Bomb Catholic Prep SchoolRead the Press Release
WASHINGTON – A two-count federal indictment was unsealed January 3, 2020 charging Sonia Tabibzada, 35, of San Jacinto, California, for threatening to bomb the Georgetown Visitation Preparatory School in Washington, DC. Count One charges Tabibzada with intentionally attempting to obstruct persons in the enjoyment of their free exercise of religious beliefs through the threatened use of force, in violation of Title 18, United States Code, Section 247. Count Two charges Tabibzada with threatening to kill, injure, and intimidate school officials and threatening to unlawfully destroy a building by means of fire or explosive device, in violation of Title 18 United States Code, Section 844.
Visitation Prep is the oldest Catholic school for girls in the United States. The indictment alleges that, after school officials announced that Visitation Prep would begin publishing same-sex wedding announcements in its alumni magazine, Tabibzada made at least two threatening calls referencing the decision. On May 15, 2019, Tabibzada left a voice message stating that she was going to burn and bomb the church and was going to kill school officials and students. Several minutes later, Tabibzada left a second voice mail stating that she was going to blow up the school and warned that she would commit terrorism.
An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless proven guilty. If convicted, Tabibzada faces a maximum sentence of 20 years in prison, three years of supervised release, and a fine of up to $250,000.
The case was investigated by the FBI Washington Field Office and is being prosecuted by Assistant U.S. Attorney Kendra Briggs of the District of Columbia and Civil Rights Division Trial Attorney Michael J. Songer.
Cabarrus County Man Sentenced to 138 Months in Federal Prison for Drug OffenseRead the Press Release
GREENSBORO, N.C. - A resident of Kannapolis, North Carolina, was sentenced today in federal court in Greensboro for possessing methamphetamine with the intent to distribute, announced United States Attorney Matthew G.T. Martin of the Middle District of North Carolina.
JEREMY MICHAEL MCDANIEL, age 33, was sentenced to a 138 month term of imprisonment by United States District Judge William L. Osteen, Jr. In addition to prison time, MCDANIEL was ordered to serve five years of supervised release and pay a special assessment of $100.00. MCDANIEL pleaded guilty on September 5, 2019 to the single count indictment.
Court records show that on December 16, 2018, Cabarrus County probation officers with the North Carolina Department of Public Safety (NCDPS) conducted a warrantless probationary search of MCDANIEL’s home in Kannapolis after receiving information that he was selling methamphetamine to coworkers. During the search, probation officers located 3.76 grams of methamphetamine, marihuana, digital scales, and other drug-related paraphernalia. MCDANIEL was on supervised probation at the time as a result of multiple felony and misdemeanor convictions on July 25, 2018. As a condition of his probation, MCDANIEL was subject to warrantless searches at reasonable times.
The case was investigated by the Federal Bureau of Investigation, the Kannapolis Police Department, and the North Carolina Department of Public Safety--Community Corrections division. The case was prosecuted by Assistant United States Attorney Craig M. Principe.
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Boston Man Indicted for Distributing Fentanyl and Crack CocaineRead the Press Release
BOSTON – A Boston man was yesterday today in federal court in Boston with drug distribution.
David A. Wood, 30, was indicted on two counts of distribution and possession with intent to distribute fentanyl, one count of distribution and possession with intent to distribute crack cocaine, and one count of possession with intent to distribute fentanyl. Wood was previously charged by criminal complaint and has been in custody since his arrest on Dec. 19, 2019.
According to the charging documents, Wood distributed fentanyl in Boston on Nov. 26 and Dec. 3, 2019, and distributed crack cocaine in Boston on Dec. 10, 2019.
The charge of distributing or possessing with intent to distribute controlled substances provides for a sentence of up to 20 years in prison, three years to a lifetime of supervised release, and a fine of up to $1 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today.
This case is part of Project Safe Neighborhoods (PSN), 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 details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Belgian National Sentenced for Scam Targeting Charities and Law FirmsRead the Press Release
BOSTON – A Belgian man was sentenced today in federal court in Boston for participating in an e-mail scam that used counterfeit cashier’s checks to defraud charities and law firms.
Aref Zokita Said, 37, of Belgium, was sentenced by U.S. District Court Judge Douglas P. Woodlock to 60 months in prison, three years of supervised release and ordered to pay restitution in the amount of $1,631,478. In October 2019, Said pleaded guilty to eight counts of wire fraud and conspiracy to commit wire fraud.
Beginning no later than August 2013, Said and his co-conspirators defrauded law firms and non-profits, including charities, by sending them fraudulent cashier’s checks and convincing them to wire money to members of the scheme, with the false assurance that the fake checks would cover the expense. Once the checks were discovered to be fraudulent—after the victims’ bank accounts were debited—the victims were left with thousands of dollars in losses, having unwittingly forwarded their own money to a member of the conspiracy.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Joseph W. Cronin, Special Agent in Charge for the U.S. Postal Inspection Service made the announcement today. Assistant U.S. Attorney Kristen Kearney of Lelling’s Securities and Financial Fraud Unit prosecuted the case.
Athens Couple Sentenced to 17+ Years in Prison for Distributing Meth Through the Mail ServiceRead the Press Release
ATHENS, Ga. – A married couple engaged in a drug trafficking scheme moving methamphetamine through the U.S. mail service was sentenced for their crimes, announced Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. Amy Berg, 46, and Joshua Woodey, 39, both of Athens-Clarke County, were sentenced to federal prison on January 8, 2020 by U.S. District Judge C. Ashley Royal. Berg was sentenced to 210 months in prison for possession of methamphetamine with intent to distribute. Woodey was sentenced to 235 months in prison for possession of methamphetamine with intent to distribute. There is no parole in the federal system.
The United States Postal Inspection Service (USPIS) was informed that Berg was mailing a package containing suspected methamphetamine on March 1, 2018. A search warrant was executed and investigators discovered the package contained 42 grams of methamphetamine and 16 grams of heroin. Again, the USPIS was told on September 7, 2018 about a second packed Berg was sending, containing more suspected methamphetamine. A legal search revealed the contents contained three grams of methamphetamine. A search warrant of the couple’s shared Athens home was issued on September 12, 2018. Police discovered methamphetamine, heroin, marijuana as well as five other illegal substances. In addition, police located a Winchester .22 rifle, a Smith & Wesson 9mm pistol, ammunition, tally sheets referencing amounts sold and owed in drug transactions, a marijuana grow room and other items used in drug trafficking. The defendants’ cellphones contained evidence of drug transactions. Both Berg and Woodey admitted to drug trafficking.
“Drug dealers need to know that if they use the U.S. mail service to deal drugs, they will be caught and prosecuted to the fullest extent of the law,” said U.S. Attorney Charlie Peeler. “I want to commend the U.S. Postal Inspection Service, the Northeast Regional Drug Task Force and the Athens-Clarke County Police Department for their excellent work in this case which resulted in these two drug dealers going to federal prison for a long time.”
"The Postal Service has no interest in being the unwitting accomplice to anyone using the U.S. Mail to distribute illegal drugs or other harmful substances,” said David M. McGinnis, U.S. Postal Inspector in Charge of the Charlotte Division. “I fully commend the hard work and countless hours put forth by all the law enforcement agencies."
“The Northeast Georgia Regional Drug Task Force, the Athens-Clarke County Police Department and its law enforcement partners are committed to protecting our citizens and community by eradicating dangerous drugs such as methamphetamine and heroin,” said Lt. Mark Malueg, Athens-Clarke County Police Department and Northeast Georgia Regional Drug Task Force. “These dangerous drugs and their criminal enterprises are a leading cause to violent crime, and we will not allow our citizens and community to be victimized by their destructive effects.”
The case was investigated by the United States Postal Inspection Service (USPIS), the Northeast Regional Drug Task Force and the Athens-Clarke County Police Department and was prosecuted by Assistant U.S. Attorney Kimberly S. Easterling. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Arsonist who targeted Savannah's historic Gryphon Tea Room sentenced to federal prisonRead the Press Release
SAVANNAH, GA: A Savannah man has been sentenced to five years in federal prison for setting fires in a historic Savannah restaurant.
Chase Anthony Davis, 31, of Savannah, was sentenced to 60 months in prison in U.S. District Court, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. Davis also will be required to serve a period of supervised release after completion of his prison term. There is no parole in the federal system.
A federal jury convicted Davis in October 2019 on an arson charge after a three-day trial. According to evidence presented at trial, on the evening of May 8, 2019, Davis, then an employee of the Gryphon Tea Room, broke into the landmark restaurant located at 337 Bull Street in Savannah’s Historic District. Davis set six separate fires in the dining room area of the restaurant owned by the Savannah College of Art and Design. The fires self-extinguished, and the property damage caused to the restaurant has since been restored.
Gryphon shares space with The Arts Café and The Scottish Rite Temple and is closely connected with numerous historic residential structures and St. John’s Episcopal Church. It is housed in an adapted early 20th century apothecary constructed between 1913 and 1926.
“This bungled arson could have caused tremendous physical and cultural damage to historic structures in Savannah,” said U.S. Attorney Christine. “Fortunately the tablecloths were fire-retardant, and the Savannah Fire Department quickly took care of the rest and kept any damage to a minimum. And now the arsonist will have considerable time behind bars to ponder his felonious folly.”
“This is another example of how ATF partners with our state and local agencies to fight violent crime, including the crime of arson,” said Lenwood Reeves, Resident Agent in Charge of the Savannah Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “Arson not only does millions of dollars’ worth of damage each year but it endangers the lives of innocent bystanders, firefighters and first responders battling to extinguish these fires. This small fire could have very easily escalated into a major catastrophe, including the loss of life and property.”
This case was investigated by the ATF and the Savannah Police Department, and was prosecuted for the United States by Assistant U.S. Attorneys Joshua Bearden and Jenna Solari.