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6 February 2020
Tampa Felon, Previously Convicted of Attempted Murder, Pleads Guilty to Drug and Firearms ChargesRead the Press Release
Tampa, Florida – DeShawn Torrell Salley (49, Tampa) today pleaded guilty to distributing at least 50 grams of methamphetamine, possessing a firearm in furtherance of a drug trafficking crime, and possessing a firearm as a convicted felon. He faces a mandatory minimum term of 15 years, and up to life, in federal prison. A sentencing date has not yet been set.
According to the plea agreement, between 1999 and 2004, Salley was convicted of six felony offenses, including attempted murder in the first degree. On June 5, 2019, he sold 54 grams of methamphetamine to a confidential informant in Tampa. On July 31, 2019, federal agents arrested Salley. During the execution of a search warrant at Salley’s apartment, federal agents recovered a loaded Glock .45 caliber pistol, a bulletproof vest, heroin, and marijuana.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Tampa Police Department, and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Christopher F. Murray.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Successor to L.A.’s Redevelopment Agency Reaches $3.1 Million Settlement in Case Alleging Misuse of Federal Housing FundsRead the Press Release
LOS ANGELES – CRA/LA has agreed to pay $3.1 million to resolve allegations that its predecessor violated the False Claims Act by knowingly failing to comply with federal accessibility laws when it financed and assisted in the development of affordable housing in the City of Los Angeles supported by federal funds, the Department of Justice announced today.
CRA/LA is the successor of the Community Redevelopment Agency of the City of Los Angeles, a local redevelopment agency that financed and assisted in the development of multifamily affordable housing using local tax monies and federal community development grants. In June 2011, the State of California dissolved all redevelopment agencies. CRA/LA is winding down the affairs of its predecessor.
“Despite millions of dollars of federal taxpayer money sent to Los Angeles to create affordable housing over many years, the CRA opted to lie about its failure to ensure that these projects were accessible to everyone,” said United States Attorney Nick Hanna. “This settlement resolves only a small portion of this case, and we are prepared to litigate additional allegations that the City of Los Angeles covered up its failure to comply with federal laws enacted to protect the civil rights of all citizens.”
“Today’s settlement demonstrates our continuing vigilance ensuring developers receiving federal grant money for affordable housing satisfy their legal obligations to make that housing accessible to people with disabilities,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “Grant recipients who discriminate against people with disabilities using taxpayer money face serious consequences.”
“The basic tenant of fair housing translates into the premise of equal access for all, this is to include those citizens that face physical and functional challenges,” said Inspector General Rae Oliver Davis of the U.S. Department of Housing and Urban Development. “This settlement reaffirms this office’s steadfast resolve to ensure those who receive federal housing funds abide by this fundamental principle.”
Recipients of federal housing development funds must comply with federal accessibility laws, including Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and the Fair Housing Act. These laws prohibit discrimination against people with disabilities in activities receiving federal financial assistance.
For example, they require 5 percent of all units in certain federally assisted multifamily housing be accessible for people with mobility impairments and an additional two percent be accessible for people with visual and auditory impairments.
Recipients of federal funds must likewise implement accessible programs related to housing, including maintaining a publicly available list of accessible units with a description of their accessibility features, adopting policies and procedures to ensure that people who need the accessibility features of particular units occupy them, and designating at least one individual to coordinate accessibility efforts.
The settlement resolves claims against CRA/LA in a lawsuit alleging that the CRA/LA’s predecessor, along with the City of Los Angeles, received money from the U.S. Department of Housing & Urban Development based on false claims they were complying with federal accessibility laws.
As to the CRA/LA’s predecessor, the United States’ lawsuit alleged at least nine multifamily housing properties fell significantly short of federal accessibility laws since 2005. Examples of alleged defects included:
- slopes and ramps too steep for people in wheelchairs;
- tall thresholds restricting wheelchair access;
- kitchen cabinets, shelves, and surfaces outside the accessible reach range of people in wheelchairs;
- sinks, grab bars, and mailboxes mounted outside the accessible reach range of people in wheelchairs;
- uninsulated pipes below sinks and lavatories;
- a lack of accessible parking spaces; and
- insufficient visual alarms and tactile signs for people with hearing and visual impairments.
The United States’ claims against the City of Los Angeles have not been resolved and are still pending in the litigation.
The agreement announced today partially resolves a lawsuit originally filed in United States District Court in Los Angeles by Mei Ling, a resident of Los Angeles resident who uses a wheelchair, and the Fair Housing Council of San Fernando Valley, a nonprofit civil rights advocacy group.
The lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the United States when they believe that a party has submitted false claims for government funds, and to receive a share of any recovery. The False Claims Act permits the government to intervene in such lawsuit, as it has done in this case.
These matters were investigated and litigated by Assistant United States Attorneys Lisa A. Palombo and Ross M. Cuff of the Civil Division’s Civil Fraud Section and the Justice Department’s Civil Division Commercial Litigation Branch. HUD’s Office of Inspector General and Office of General Counsel also participated in the investigation.
The claims asserted against the City of Los Angeles and CRA/LA are allegations only; there has been no determination of liability. The case is captioned United States ex rel. Ling, et al. v. City of Los Angeles, et al., CV 11-974-PSG.
Statement by U.S. Attorney Mike Hurst Regarding State Investigation and Local Arrests Relating to Fraud at Mississippi Department of Human ServicesRead the Press Release
“The U.S. Attorney’s Office has received numerous inquiries regarding the State Auditor’s investigation into the Mississippi Department of Human Services and local indictments returned by a Hinds County grand jury in that case.
While we commend the reported actions, neither the FBI nor the United States Attorney’s Office was contacted by the State Auditor or the Hinds County District Attorney about this investigation, although millions of federal dollars are alleged to have been stolen.
After hearing about the investigation, I reached out to the State Auditor and met with him last week to inquire into this matter. I subsequently spoke with the District Attorney about this matter as well. While information about this investigation was made available to us on Tuesday, we in the United States Attorney’s Office and the FBI only learned on Wednesday afternoon from media reports about the indictment and arrests, at the same time as the general public did.
Investigating and prosecuting cases of this magnitude and complexity is routinely what the FBI and U.S. Attorney’s Offices do here in Mississippi and around the country. In the U.S. Attorney’s Office for the Southern District of Mississippi we have a long, successful record of working with our local and state law enforcement, prosecuting public corruption and complex white collar fraud, and bringing all who violate the law to justice.
The U.S. Attorney’s Office and the FBI continue to have good working relationships with the new State Auditor, the new Hinds County District Attorney, and their offices. We stand ready to put the substantial experience and expertise of our offices and the entire U.S. Department of Justice to work to help our colleagues bring fraudsters to justice and stamp out public corruption.”
Schuylkill County Woman Sentenced to 28 Months’ Imprisonment and Ordered to Forfeit Her Residence and Property for Role in Methamphetamine ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Laverne Schaeffer, age 48, of Schuylkill Haven, Pennsylvania, was sentenced on February 5, 2020 to 28 months’ imprisonment by U.S. District Court Judge Robert D. Mariani for participating in a methamphetamine trafficking conspiracy.
According to United States Attorney David J. Freed, Schaeffer previously pleaded guilty to participating in the drug trafficking conspiracy between July 2016 and May 2017 that operated in Schuylkill and Berks Counties.
Judge Mariani also ordered Schaeffer to forfeit to the United States more than 105 acres of property in Schuylkill County that was used by her, her husband Ernest Schaeffer, and other members of the drug conspiracy to store methamphetamine and firearms.
Ernest Schaeffer was previously sentenced to 15 years in prison, while Anibal Rodriguez, the leader of the drug conspiracy, was sentenced to 20 years in prison.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and local police in Schuylkill County. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Saint Louis County Man Indicted for Robbing the Saint Louis Community Credit UnionRead the Press Release
Saint Louis –Monte Clayton Lynch, 49, of Saint Louis County, Missouri, was indicted today on one felony count of bank robbery stemming from a string of bank robberies that occurred last summer.
According to court documents, on July 26, 2019, Lynch entered the St. Louis Community Credit Union on Chippewa Street in Saint Louis, passed a teller a note demanding cash, and threatened that he had a gun. The teller handed Lynch approximately $5,100 in cash, which he took from the credit union after ensuring it had no dye packs.
This bank robbery was the first of at least six bank robberies that Lynch performed over 17-days. In total, he robbed banks in Saint Louis, Missouri; Nashville, Tennessee; Birmingham, Alabama; Tyrone, Georgia; and Prattville, Alabama. Lynch later confessed to his crime and noted that the motivation for robbing the banks was to pay for his cocaine addiction.
If convicted, the charge of bank robbery carries a maximum penalty of 20 years in prison and a $250,000 fine. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
The Federal Bureau of Investigation is investigating this case. Assistant United States Attorney Jason Dunkel is handling the case.
Charges set forth in the Indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Saint Louis City Man Pleads Guilty to 12 Armed RobberiesRead the Press Release
Saint Louis, MO –Justin McGee, 38, of Saint Louis, Missouri, pleaded guilty to his role in 12 robberies. He appeared today before U.S. District Judge Audrey G. Fleissig who accepted his plea and set his sentencing for May 13, 2020.
According to the plea agreement, on September 12, 2018, McGee, armed with a firearm, entered the Cricket Wireless store located at 10006 W. Florissant and approached an employee stating that he needed a phone repaired. While the employee was looking at the phone, McGee pulled a firearm from his pocket, pointed it at the employee and demanded that he open the cash register. The employee was ordered to the floor as McGee stole money from the register and then fled the store.
On October 10, 2018, McGee entered the Game Stop on Maplewood Commons Drive armed with a firearm, pointed it at the employee and demanded that she open the cash register. After grabbing money from the register, McGee ordered the employee to the ground and left.
On October 12, 2018, McGee entered the T-Mobile store on N. Highway 67, engaged an employee in conversation, then pointed a firearm at her and told her he would kill her. He then confronted the store manager and had both employees lie on the floor. McGee had one of the employees crawl to the office to show him where the cash was located. McGee took money and left the store.
On October 17, 2018, McGee entered the Game Stop located on South Kingshighway, engaged an employee in conversation, pushed him to the floor as he pointed a firearm at him and demanded the cash register be opened. A second employee opened the register. McGee grabbed the store’s money and left the store.
On October 19, 2018, McGee entered the Boost Mobile store on Manchester, rushed towards an employee and pointed a firearm at her. He pushed her to the floor and poked her back with the firearm. She opened the cash register; McGee grabbed the store’s money and ran out the door.
On November 23, 2018, McGee entered the Smoothie King on Forest Park as the employees were preparing to close for the day. McGee placed his hand in his pocket as if he had a firearm and told them he wanted no problems. After he ordered the employees to kneel on the floor, McGee grabbed the store’s money and left.
On December 15, 2018, McGee entered Kings Beauty Supply on Aubert and engaged an employee in a conversation about a hair clipper. McGee produced a firearm and announced a robbery. Pointing the firearm at two employees, McGee ordered one to lie on the ground. He grabbed the store’s money and hair clippers and left the store.
On February 4, 2019, McGee entered the Boost Mobile Store in North Oaks Plaza and engaged an employee in a conversation before pulling out his firearm and walking behind the counter. The employee pulled his own firearm and fired a shot striking McGee in the head. McGee was able to flee.
On March 7, 2019, McGee entered the BP gas station on Olive Road and began to climb over the counter to open the cash register. As he climbed over the counter, he pointed an air pistol at the employee. A fight ensued. The employee was able to grab the air pistol and McGee ran from the store.
On March 26, 2019, McGee entered the Family Dollar on North Grand, approached a cashier and told her to open her cash drawer. When she told him she could not, he pointed a caliber firearm at her. At that time, the manager opened the cash register. McGee took money and fled the store.
On March 29, 2019, McGee entered the Qdoba Restaurant on Lindell and approached the cashier as if to place a food order. McGee brandished a firearm and demanded money. McGee took money and left the store.
On April 7, 2019, McGee entered the Dollar Tree on Aubert, approached the cashier and told him not to “trip” as he pointed a firearm at him. The cashier gave McGee money and McGee left the store.
Each robbery count carries a penalty of not more than 20 years and a fine of $250,000. Each brandishing of a firearm count carries a penalty of not less than seven years nor more than life, consecutive to any sentence imposed for all counts, and a fine of not more than $250,000. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
The Saint Louis Metropolitan Police Department and the Federal Bureau of Investigation investigated this case. Assistant United States Attorney Tom Mehan is handling the case.
Sacramento Man Pleads Guilty to Medicare Kickback SchemeRead the Press Release
SACRAMENTO, Calif. — Jai Vijay, 54, of Sacramento, pleaded guilty today to conspiring with the owners of home health care agencies and a hospice agency to pay and receive illegal kickbacks in exchange for Medicare beneficiary referrals.
According to court documents, Jai Vijay’s wife, Anita Vijay, worked as the social services director at a skilled nursing and assisted living facility in Sacramento. In her role, Anita Vijay assisted Medicare beneficiaries in selecting home health care and hospice agencies following their discharge from the facility. Anita Vijay used her position to steer Medicare beneficiaries to home health agencies in Folsom and El Dorado Hills and a hospice agency in Folsom. In exchange for the beneficiary referrals, the agencies’ owners paid Jai Vijay and Anita Vijay illegal cash kickbacks.
In his plea agreement, Jai Vijay admitted that the agencies’ owners paid him and his wife kickbacks in exchange for the referral of approximately 60 beneficiaries. Medicare paid the agencies approximately $400,000 for services they purportedly provided to the beneficiaries. Because the agencies obtained the beneficiary referrals by paying kickbacks, they should not have received any reimbursement from Medicare.
This case is a product of an investigation by the Federal Bureau of Investigation and the Department of Health and Human Services’ Office of Inspector General. Assistant U.S. Attorney Matthew Thuesen is prosecuting the case.
U.S. District Judge Troy Nunley is scheduled to sentence Jai Vijay on April 30. He faces a maximum statutory penalty of five years in prison and a fine of $250,000 or twice the gross loss or gain. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Rhode Island Chiropractor Pleads Guilty to Tax EvasionRead the Press Release
PROVIDENCE – A Providence chiropractor today pled guilty in federal court to tax evasion, admitting that he diverted more than $1 million dollars in business revenue for his own personal use, and that he failed to report the income to the IRS, announced United States Attorney Aaron L. Weisman and Special Agent in Charge of Internal Revenue Service Criminal Investigation Kristina O'Connell.
Dr. Leonard Marino, 50, of Johnston, President and sole shareholder of Chiropractic Associates in Providence, admitted that from 2016 through 2019, he devised schemes to divert $1,061,000 in income generated by his business to his own personal use, and that he failed to report the income to the IRS.
A significant amount of Chiropractic Associates income is derived from insurance company payments for bodily injury claims submitted by law firms on behalf of some of Dr. Marino’s patients. Payments, in the form of checks, were made by the law firms payable to Chiropractic Associates.
Dr. Marino admitted to devising schemes to cash many of the law firms’ checks and divert the proceeds for his own personal use. After a bank raised concerns with him about his check cashing practices, he requested that the law firms make checks payable to him personally, which they did. Marino then cashed those checks using a check casher.
Marino admitted to the court that in 2017 he failed to report $531,408.38 in gross income, which would have resulted in tax due the IRS of approximately $236,945. He admitted that from 2016 through 2108, he failed to report income totaling $1,061,000.
Marino is scheduled to be sentenced by U.S. District Court Judge William E. Smith on May 7, 2020.
Tax evasion is punishable by statutory penalties of up to five years imprisonment; a fine of $250,000 or not more than twice the gross gain or twice the gross loss resulting from the offense; and a term of supervised release of three years.
The case is being prosecuted by Assistant United States Attorney Dulce Donovan.
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Previously Deported Alien Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Marvin Reymundo-Lopez, age 28, a citizen of Guatemala, was charged on February 5, 2020, by a federal grand jury with illegal re-entry into the United States by a previously deported alien.
According to United States Attorney David J. Freed, Reymundo-Lopez was previously deported from the United States to Guatemala in March 2010. He is alleged to have illegally reentered the United States sometime after March 2010, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
This matter was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney Joanne M. Sanderson is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Reymundo-Lopez faces a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Port Barre Man Sentenced to over 20 Years for Federal Carjacking and Firearms Charge Related to Kidnapping IncidentRead the Press Release
ALEXANDRIA, La. – Jon Michael Mauldwin, 28, was sentenced today to 241 months in prison and five years of supervised release for a federal carjacking and related firearms charge stemming from the kidnapping of a Port Barre man, announced David C. Joseph, United States Attorney for the Western District of Louisiana.
U.S. District Judge Dee D. Drell sentenced Mauldwin to 121 months for the federal carjacking charge, which will run concurrent to pending state charges, and an additional, consecutive 10 years for using, carrying, or possessing a firearm during and in relation to a crime of violence. Mauldwin pled guilty to these charges in U.S. District Court in Alexandria on September 9, 2019.
The incident began in the early morning hours of August 20, 2017, at approximately 1:00 a.m., when Mauldwin crashed his vehicle at a residence in Port Barre. Mauldwin exited the vehicle, had a brief encounter with an individual at the residence, then re-entered his vehicle and drove down the road where he wrecked for the second time. After the second crash, he entered the home of a Port Barre man, brandishing a black handgun. Mauldwin forced the victim out of his home at gunpoint demanding that the victim use his own truck to drive him to a store. Along the way, Mauldwin told the victim he was going to die and fired the gun in front of the victim’s face causing the driver’s side window to shatter and causing hearing loss in the victim’s left ear. When they arrived at a convenience store, the victim managed to get away and get help. Mauldwin continued his crime spree in Point Coupee Parish where he was subsequently arrested.
The FBI, ATF the St. Landry Parish Sheriff’s Office, Point Coupee Sheriff’s Office and Livonia Police Department conducted the investigation. Assistant U.S. Attorney Daniel J. McCoy prosecuted the case.
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Pittsburgh Man Admits Distributing Multiple Videos Showing the Sexual Exploitation of MinorsRead the Press Release
PITTSBURGH, Pa. - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of distributing material depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.
Gary Whisner, age 36, pleaded guilty to one count before United States District Judge Marilyn J. Horan.
In connection with the guilty plea, the court was advised that on August 5, 2017, Whisner distributed multiple videos containing material depicting the sexual exploitation of minors, including two females who were approximately 10 years old. A subsequent search of Whisner’s electronic devices revealed approximately 10,700 images and 800 videos that depicted child pornography.
Judge Horan scheduled sentencing for May 27, 2020, at 9:30 a.m. The law provides for a maximum sentence of not less than five years to a maximum of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Mark V. Gurzo is prosecuting this case on behalf of the government.
Homeland Security Investigations, with the assistance of the Pittsburgh Bureau of Police, conducted the investigation that led to the prosecution of Whisner.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Philadelphia Man Convicted at Trial of Illegal Gun Possession ChargesRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Mark Manigault, 41, of Philadelphia, PA was convicted at trial of being a felon in possession of a firearm, arising from his illegal possession of a 9mm pistol, loaded with 12 live rounds of ammunition.
On September 27, 2016, two Philadelphia Police officers observed the defendant and another individual sitting outside near a bar. Subsequently, the officers found a firearm hidden in the wheel well of a car parked near the defendants. Upon further investigation, the officers found a second firearm placed in the wheel well of another car. Using surveillance footage from the bar and from a private residence down the street, the officers determined that Manigault and the other individual possessed the firearms and had placed them in the wheel wells.
“Prosecuting, deterring and preventing violent crime in Philadelphia are top priorities of my Office,” said U.S. Attorney McSwain. “Illegal gun possession undeniably poses a serious threat to public safety because it often leads to violence. We are committed to working with the Philadelphia Police Department to combat this threat. Simply put, the more firearms we can take out of the hands of convicted felons, the safer our City will be. And when we bring illegal gun possession cases, the offenders must suffer serious punishment and not be routed into bogus diversionary programs like the ones being championed by the Philadelphia District Attorney. Otherwise, the prosecutions have no deterrent effect and the offenders are free to return to their life of crime.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and is being prosecuted by Assistant United States Attorney Thomas M. Zaleski.
Patient Recruiter Sentenced to Prison for Role in More than $1 Million Illegal Kickback ConspiracyRead the Press Release
A patient recruiter was sentenced to 60 months in prison yesterday for receiving more than $1 million in illegal kickback payments from numerous home health agencies from around the country in exchange for providing information on Medicare beneficiaries to home health agencies, who then used that information to submit fraudulent claims to Medicare.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Matthew Schneider of the Eastern District of Michigan, Special Agent in Charge Steven M. D'Antuono of the FBI’s Detroit Field Office and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Chicago Regional Office made the announcement.
Dominic Trumbo, 45, of Lexington, Kentucky, was sentenced by Chief U.S. District Judge Denise Page Hood of the Eastern District of Michigan, who also ordered Trumbo to pay $1,010,552 in restitution and forfeit $203,300. In July 2019, after a four-day trial, a federal jury found Trumbo guilty of one count of conspiracy to pay and receive health care kickbacks and three counts of solicitation or receipt of kickbacks in connection with a federal health care program.
According to the evidence presented at trial, Trumbo, owner of Trumbo Consulting Agency of Stafford, Virginia, recruited, or paid others to recruit, more than 4,000 Medicare beneficiaries for multiple home health companies across the country. The evidence showed that Trumbo instructed his employees to cold call Medicare beneficiaries and offer incentives to induce them to sign up for home health care. Trumbo then sold the Medicare beneficiary information to home health agencies in exchange for illegal kickback payments. The evidence at trial further showed that Trumbo and his co-conspirators created sham contracts and fake invoices in an attempt to conceal their scheme to defraud Medicare.
The FBI and HHS-OIG investigated the case, which was brought as part of the Medicare Fraud Strike Force under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan. Trial Attorneys Patrick Suter and Steven Scott of the Fraud Section prosecuted the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Operator of New Jersey Home Health Care Agency Sentenced to Prison for Not Paying Employment TaxesRead the Press Release
A Manahawkin, New Jersey, business owner was sentenced to 12 months and one day in prison today for willfully failing to pay over employment taxes, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Craig Carpenito for the District of New Jersey. Dale previously pleaded guilty to the charge in January 2019.
According to the information and other pleadings filed in the case, Richard Dale operated Advanced Pro Home Care Inc. (Home Care), a health care agency located in Brick, New Jersey. As operator and payroll manager of Home Care, Dale was responsible for depositing and withdrawing money from Home Care’s business bank accounts, administering its accounts payable and receivable, and preparing payroll for its employees. Dale also was required to report and pay over employment taxes to the Internal Revenue Service (IRS). From 2012 through 2014, however, Dale did not pay to the IRS substantial employment taxes owed by Home Care, including employee federal income tax withholdings, Social Security taxes, and Medicare taxes, nor did he file the requisite employment tax forms. During this period Home Care amassed more than $500,000 in employment tax liabilities, but Dale only made a single payment of approximately $30,000.
In addition to the term of imprisonment, U.S. District Judge Peter G. Sheridan ordered defendant to serve three years of supervised release and to pay approximately $504,145 in restitution to the United States.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Carpenito thanked special agents of IRS-Criminal Investigation, who investigated the case, and Assistant U.S. Attorney Brian Lee Urbano and Trial Attorney Shawn Noud of the Tax Division, who prosecuted the case.
Okaloosa Armed Career Criminal Sentenced to Twenty Years in Prison for Possession of Firearm by Convicted FelonRead the Press Release
PENSACOLA, FLORIDA – Dennis A. Toomer, 37, of Valparaiso, Florida, was sentenced to 240 months in federal prison after having previously pleaded guilty to possession of a firearm by a convicted felon. The sentence was announced today by Lawrence Keefe, United States Attorney for the Northern
District of Florida.“We will vigorously prosecute those whose actions recklessly endanger the public,” U.S. Attorney
Keefe said. “This convicted felon chose to arm himself with a firearm and now will pay the heavy consequences for his actions.”In the early morning hours of May 8, 2019, Toomer was arrested by the Okaloosa County Sheriff’s
Office after battering his pregnant girlfriend and threatening her and her two juvenile brothers with a loaded handgun. Toomer was prohibited from having a firearm because he had been previously convicted of 15 felony offenses, including five battery convictions, four drug- related convictions, and a conviction for possessing a firearm as a convicted felon. Because Toomer had at least three prior convictions for a violent felony or a serious drug offense, he was subject to enhanced penalties under the Armed Career Criminal Act.Assistant U.S. Attorney Alicia Forbes prosecuted the case after a joint investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Okaloosa County Sheriff’s Office.
“Reducing violent crime and protecting the public in the communities that we serve is a priority for ATF,” said ATF Special Agent in Charge Daryl McCrary. “We will continue to work vigorously with our law enforcement partners to make sure those individuals who commit violent firearms crimes are prosecuted to the fullest extent of the law.”
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. The United States Attorney’s Office prosecuted this case with support from Project Guardian partners, the Pensacola Police
Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. For more information about Project Guardian, please visit: https://www.justice.gov/usao-ndfl/pr/attorney-general-announces-launch-project-guardian-nationwide-strategic-plan-reduce-gun.The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of
Florida website. For more information about the U.S. Attorney’s Office, Northern District of
Florida, visit http://www.justice.gov/usao/fln/index.html.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.
Northwest Arkansas Woman Sentenced to More Than 11 Years in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas, announced that Jennifer Brunos, age 38, of Fayetteville, Arkansas was sentenced to 136 months in federal prison followed by four years of supervised release on one count of Possession with Intent to Distribute more than 50 grams of a mixture or substance containing Methamphetamine. The Honorable Judge Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records Brunos was stopped by law enforcement officers for a traffic violation. Subsequently, Brunos was found to possess 293.7 gross grams of methamphetamine in nine (9) separate bags hidden in different areas in the vehicle.
The methamphetamine possessed by Brunos was field tested and tested positive for the presence of methamphetamine. Additionally, the methamphetamine was sent to the DEA laboratory and tested positive for 274 grams of actual methamphetamine.
Brunos was indicted by a federal grand jury in June of 2019, and entered a guilty plea in August of 2019.
This case was investigated by the Fourth Judicial Drug Task Force and the Drug Enforcement Administration. Assistant United States Attorney Amy Driver prosecuted the case for the Western District of Arkansas.
Northwest Arkansas Man and Woman Sentenced to over 18 Years Combined in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas announced today that Richard Calvin Artz, age 54, from Gravette, Arkansas was sentenced to 87 months imprisonment followed by three years supervised release and Rebekah Ann Wiser, age 36, from Rogers, Arkansas was sentenced to 130 months imprisonment followed by five years supervised release for Aiding and Abetting the Distribution of more than 50 grams of Methamphetamine. The Honorable Timothy L. Brooks presided over the sentencing hearings in the United States District Court in Fayetteville.
According to court records, on December 17, 2018, an undercover police officer purchased 186.75 grams (approximately seven (7) ounces) of methamphetamine from Rebekah Wiser for $3,500. Present near the transaction was Richard Artz, who the investigation determined provided Rebekah Wiser with the methamphetamine to sell to the undercover police officer.
Artz and Wiser were indicted by a federal grand jury in March of 2019 and entered guilty pleas in September of 2019.
This prosecution and investigation was part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program. The OCDETF program is the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s illicit drug supply.
This case was investigated by Homeland Security Investigations and the Rogers, Arkansas Police Department. Assistant United States Attorney Brandon Carter prosecuted the case for the United States.
North Carolina Man Sentenced to 7 Years in Federal Prison for Selling Deadly Weight Loss Drug to ConsumersRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Barry Clint Wright (38, Monroe, NC) to the maximum statutory sentence of seven years in federal prison for introducing an unapproved drug into interstate commerce, introducing a misbranded drug into interstate commerce, and introducing an unapproved drug into interstate commerce with the intent to defraud or mislead. Wright had pleaded guilty on November 1, 2019.
According to court documents, 2,4-Dinitrophenol (DNP) is a chemical substance that, when ingested, causes rapid loss of weight, but is also associated with a high rate of adverse effects including cataracts, hyperthermia, tachycardia, cardiac arrhythmia, and death. In 1938, the U.S. Food and Drug Administration (FDA) declared DNP to be extremely dangerous and not fit for human consumption. At that time, the FDA announced publicly that it would prosecute those who manufacture and distribute DNP for use as a drug.
According to court records, between December 2015 and May 2018, Wright sold DNP to consumers throughout the United States and in a number of foreign countries as a weight loss drug. Wright purchased bulk DNP and encapsulated it into ingestible pills. He also created several websites to market the pills. Wright did not label the pills as DNP, nor did he include any directions or warnings regarding the use of the drug when he mailed it to consumers. Three of these consumers died during or shortly after their DNP use. The official cause of death for two of these victims, 21-year-old V.G. (East London, United Kingdom) and 46-year-old J.P. (Marietta, GA), was DNP toxicity. The other victim, 26-year-old C.W. (Lake Mary, FL), died from cardiac arrhythmia, which can be caused by the use of DNP.
This case was investigated by the U.S. Food and Drug Administration, Office of Criminal Investigations. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.
New York Plumbing Contractor Pleads Guilty to Employment Tax FraudRead the Press Release
A Queens, New York, business owner pleaded guilty today to failing to pay employment taxes to the Internal Revenue Service (IRS), announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court documents and statements made in court, Sergei Denko was the owner and operator of Denko Mechanical Inc. and Independent Mechanical Inc., both contracting businesses in Queens that specialized in plumbing. From 2010 through 2014, Denko cashed customer checks and used the cash to pay employees. Denko then filed false employment tax returns that failed to report the cash wages and the employment taxes due. Denko admitted that he caused a tax loss of more than $360,000 to the Internal Revenue Service (IRS).
U.S. District Judge Rachel P. Kovner scheduled sentencing for June 15, 2020. At sentencing, Denko faces a statutory maximum sentence of five years in prison, a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Eric Schmale and Mark Kotila of the Tax Division, who prosecuted this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
New Jersey Man Detained on Child Pornography, Cyberstalking ChargesRead the Press Release
PROVIDENCE – A New Jersey man who allegedly befriended four minor females on social media, three in Rhode Island, and persuaded them to send sexually explicit photographs of themselves to him, then allegedly threatened to share the photographs on social media with their classmates and others if they didn’t continue to communicate with him, made an initial appearance in U.S. District Court in Providence today on child pornography and cyberstalking charges.
It is alleged that Pritkumar Tarunkumar Patel, 23, of Closter, NJ, befriended the girls on various social media platforms, and persuaded each to send sexually explicit photographs of themselves to him. It is also alleged that Patel sent sexually explicit photographs of himself to the girls, and, in at least one instance, allegedly communicated in much the same way via a live video chat.
Additionally, it is alleged that Patel threatened and harassed the girls on social media, by text messaging, and /or by calling them. It is alleged that Patel repeatedly demanded that they resume communicating with him and unblock his access to their social media accounts. He allegedly threatened to post the sexually explicit photos of them online and that he would share them with their friends, classmates, and family members. He also threatened to create Instagram accounts in the girls’ names and use those accounts to post the pictures online.
It is alleged that on at least one occasion he followed through on his threats by allegedly posting a sexually explicit picture of one of the girls, a 13-year-old girl from Indiana, on an Instagram account he created using her name.
It is also alleged that Patel threatened to locate and assault one of the girls if she did not unblock his access to her online accounts.
The investigation into Patel’s alleged actions began when the family of one of the girls brought the matter to the attention of the Hopkinton, R.I., Police Department. A Hopkinton Police Detective obtained a court-authorized search warrant that assisted him in identifying Patel and the IP address from which he was allegedly communicating with the girls.
Patel, who was charged on January 6, 2020, by way of a federal criminal complaint with production of child pornography, receipt of child pornography, transferring obscene material, and cyberstalking, was arrested on January 9, 2020, on a federal arrest warrant issued in Rhode Island. He made his initial appearance in U.S. District Court in Providence today and was ordered detained by U.S. District Court Magistrate Judge Patricia A. Sullivan.
A criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant United States Attorney Lee H. Vilker.
United States Attorney Aaron L. Weisman acknowledges and commends the Hopkinton Police Department for their investigative efforts that ultimately led to the identity and arrest of Patel.
The matter was investigated by the Hopkinton Police Department, Rhode Island State Police, New Jersey State Police, and Homeland Security Investigations.
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New Hampshire Man Arrested on Child Exploitation ChargesRead the Press Release
BOSTON – A New Hampshire man was arrested yesterday and charged in federal court in Boston with travelling to have sex with a minor and child pornography offenses.
Donald Gibson, 37, of Nashua, N.H., was charged in a criminal complaint with traveling with intent to engage in illicit sexual conduct with a person under 18 years of age, distribution of child pornography and transportation of child pornography. Gibson was detained following an initial appearance in federal court in Boston pending a detention hearing set for Friday, Feb. 7, 2020.
According to the complaint, Gibson communicated via various text messaging applications with an undercover agent and devised a plan to meet the agent and his purported 13-year-old daughter in a hotel room in Tewksbury on Feb. 5, 2020. During the conversations, Gibson allegedly distributed child pornography to the undercover agent. On Feb. 5th Gibson allegedly drove from New Hampshire to the Tewksbury hotel. Law enforcement agents intercepted Gibson as he was entering the hotel, and found him in possession of a newly-purchased, unopened box of condoms and $90 cash.
According to court documents, during a consensual interview with agents Gibson admitted that, during their conversations, he had given the undercover agent suggestions for how the undercover agent could start having sexual contact with his daughter, and that they had discussed meeting at the hotel so that they three of them (Gibson, the undercover agent, and the 13-year-old daughter) could have sex. Gibson indicated that he planned to give the undercover agent more child pornography.
The charge of traveling with intent to engage in illicit sexual conduct with a person under 18 years of age provides for a sentence of up to 30 years in prison. The charges of distribution and transportation of child pornography both provide for a mandatory minimum term of five years and up to 20 years in prison. All three charges carry a term five years and up to life of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Tewksbury Police Chief Timothy Sheehan; and Nashua (N.H.) Police Chief Michael Carignan made the announcement today. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Navajo man pleads guilty to assaulting child in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Kevin Ernest Lewis, 31, of Albuquerque, New Mexico pleaded guilty in federal court in Albuquerque on Feb. 6 to one count of assault of a minor resulting in substantial bodily injury.
In Lewis’s plea agreement, he admitted to committing the offense on the Navajo Nation in McKinley County on May 28, 2019. Lewis hit his girlfriend while she was holding their four-month-old daughter. As a result of the attack, Lewis knocked the child to the ground causing the child to suffer a skull fracture and bleeding to the brain.
Lewis is currently in custody pending sentencing. He will receive a sentence of 5 years in prison under the terms of his plea agreement.
The Navajo Nation Tribal Police Department investigated this case. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Mississippi Tax Return Preparer Indicted for Filing False Tax ReturnsRead the Press Release
A Moss Point, Mississippi, resident was arrested today on a federal grand jury indictment charging her with aiding and assisting in the preparation of false tax returns and filing false personal tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Mike Hurst for the Southern District of Mississippi. The indictment was returned on Jan. 15, 2020.
According to the indictment, Talvesha Glaude owned and operated a tax return preparation business under the names TMG Tax Service and Regional Tax Service. From 2014 through 2019, Glaude allegedly prepared and filed with the Internal Revenue Service (IRS) fraudulent client tax returns claiming inflated refunds based on false income tax withholdings and education expenses. The indictment also charges that during those years, Glaude reported false withholdings and education expenses on her own personal returns.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, Glaude faces a maximum sentence of three years in prison for each count of the indictment. She also faces a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Hurst thanked special agents of IRS-Criminal Investigation, who are investigating the case, and Assistant United States Attorney Stan Harris and Trial Attorney Kevin Schneider of the Tax Division, who are prosecuting this case.
Minnesota Man Pleads Guilty to Conspiring with Michael Mann to Defraud Financing CompaniesRead the Press Release
ALBANY, NEW YORK – Luke E. Steiner, age 31, of Minnesota, pled guilty yesterday to conspiring with Michael T. Mann to defraud financing companies out of millions of dollars.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Steiner worked at Optum, a division of UnitedHealth Group Incorporated located in Eden Prairie, Minnesota. In pleading guilty, he admitted that between 2013 and September 2019, he conspired with Mann and others to fraudulently obtain millions of dollars in loans for Mann’s companies.
Steiner admitted that he worked with Mann to induce financing companies to loan money on the basis of fake invoices purporting to show payments owed by his employer, Optum, to Mann’s companies. Steiner’s role was to falsely represent to the financing companies that the fake invoices were valid and payable by Optum when, in fact, he knew that they were not. He admitted that the conspiracy caused a total of $12,968,505.22 in losses to two financing companies, one based in New York and the other in Colorado.
Steiner faces up to 20 years in prison, and up to 3 years of post-imprisonment supervised release, when he is sentenced by Senior United States District Judge Lawrence E. Kahn. He has agreed to entry of an order requiring him to pay $12,968,505.22 in restitution. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Mann, age 49, of Saratoga County, operated ValueWise Corporation and other companies based in Clifton Park, New York. He is charged with bank fraud. The charges in the criminal complaint against Mann are merely accusations. Mann is presumed innocent unless and until proven guilty.
These cases are being investigated by the FBI, and are being prosecuted by Assistant U.S. Attorneys Michael Barnett and Cyrus P.W. Rieck.
Mexican Sentenced to 2 Years in Prison for Illegal Re-entry After DeportationRead the Press Release
PITTSBURGH - A citizen of Mexico has been sentenced in federal court to two years (24 months) in prison on his conviction of Illegal Reentry After Deportation, United States Attorney Scott W. Brady announced today.
United States District Judge Nicholas J. Ranjan imposed the sentence on Jorge Segundo-Cruz, 29, of Mexico.
According to information presented to the court, Segundo-Cruz had been previously deported and removed from the United States in 2010. In 2017, after unlawfully reentering the United States, he was convicted of aggravated assault, attempted rape, and other related charges in Pittsburgh. As a result of these charges, he was identified by Immigration and Customs Enforcement and charged with illegal reentry.
Prior to imposing sentence, Judge Ranhan stated that the 24 month sentence would further the goals of deterring Segundo-Cruz and others from illegally reentering the United States and committing crimes.
Assistant United States Attorney Nicole Vasquez Schmitt prosecuted this case on behalf of the government.
United States Attorney Brady commended the U.S. Department of Homeland Security, Immigration and Customs Enforcement for the investigation leading to the successful prosecution of Segundo-Cruz.
Mexican National Indicted for Illegal Re-EntryRead the Press Release
NEW ORLEANS – U.S. Attorney Peter Strasser announced today that NAZARIO CRUZ-MUNOZ, age 35, was charged on January 31, 2020 in a one-count indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
According to the indictment, NAZARIO CRUZ-MUNOZ (“CRUZ”), reentered the United States after he was previously deported on July 23, 2015. If convicted, CRUZ faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.
U. S. Attorney Strasser reiterated that an Indictment 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 United States Customs and Border Protection in investigating this matter. Assistant U. S. Attorney Carter K. D. Guice, Jr. is in charge of the prosecution.
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Meth Distributor Sentenced to PrisonRead the Press Release
MACON, Ga. – A defendant who attempted to distribute a large amount of methamphetamine in Middle Georgia has been sentenced to prison, announced Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. U.S. District Judge Marc Treadwell sentenced Kathleen Rojas, 37, of Fayetteville, Georgia, to 72 months in prison and three years supervised release on Wednesday, February 5, 2020 after she pleaded guilty on November 8, 2019 to one count of possession with intent to distribute methamphetamine. The federal system has no parole.
Rojas was arrested during an operation conducted by the Butts County Sheriff’s Office on August 10, 2018. Agents were tipped off by a Confidential Informant that the defendant would be involved in the sale of methamphetamine. The defendant was arrested in Butts County, Georgia with 110.6 grams of 97% pure “ice” methamphetamine hidden in her bra. Rojas told investigators there was more methamphetamine in her nearby Henry County motel room, and an additional 635 grams of 99% pure “ice” methamphetamine was discovered. The total amount of “ice” methamphetamine recovered was 745.6 grams.
“To all criminals involved in the meth trade: Don’t use meth, don’t sell meth and don’t transport meth through the Middle District of Georgia. We will prosecute offenders engaged in pushing this deadly, illegal narcotic in our communities,” said U.S. Attorney Charlie Peeler. “I want to thank the Butts County Sheriff’s Office, the Flint River Drug Task Force and DEA for their excellent work in this case, and shutting down a meth distribution operation in Middle Georgia.”
The case was investigated by the Butts County Sheriff’s Office, the Flint River Drug Task Force and the DEA. Assistant U.S. Attorney Steven Outzs prosecuted the case for the Government. 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.
Men Plead Guilty to Employment Fraud Scheme, Defrauding GoodwillRead the Press Release
ALEXANDRIA, Va. – Two Alexandria men pleaded guilty today and agreed to forfeit approximately $3.9 million for unlawfully employing unauthorized immigrants over several years and defrauding Goodwill of Greater Washington.
According to court documents, Alaa Nimr Garada, 57, and Rafik Moheyeldin, 65, operated a business known as WTC2, Inc. This business specialized in purchasing and reselling used goods, including clothing and shoes. WTC2 contracted with charities, including Goodwill of Greater Washington, which operated clothing donation centers. In particular, WTC2 contracted with several charities to set up donation bins with the charities’ logos, and WTC2 was then permitted to keep the goods collected in those bins. WTC2 primarily collected used clothing and then resold the clothing in bulk lots to customers along the United States-Mexico border and also exported items to customers in Africa, Asia, and South America.
From 2012 until 2016, the WTC2 workforce was composed primarily of unauthorized immigrants for whom no payroll taxes were remitted, and no employment benefits, such as unemployment and/or worker’s compensation insurance, were available or paid to any eligible beneficiary. WTC2’s practice of relying on the labor of unauthorized immigrants provided WTC2 with a significant competitive advantage and resulted in substantial financial gains for Garada and Moheyeldin. Over the years, WTC2 turned a substantial profit and increased the size of its workforce. In 2014, WTC2 employed approximately 50 unauthorized workers and had a gross income of approximately $8 million per year.
The two men also violated various labor laws, such as unauthorized immigrants were not properly compensated for the overtime hours they worked, and the defendants had not procured adequate workers’ compensation insurance. When a forklift ran over an employee’s foot, the employee received no benefits from the defendants’ company or an insurance company.
Garada also falsified tax returns in an effort to hide the fact that WTC2 largely employed unauthorized workers. Despite the fact that WTC2 employed approximately 50 unauthorized immigrants from 2013 to 2016, Garada falsely stated in multiple tax returns that WTC2 employed only one employee.
In addition to employing unauthorized immigrants, the two men also defrauded Goodwill of Greater Washington, with whom the business had a contractual relationship of property. The two men instructed WTC2 employees to retrieve Goodwill donation bins. WTC2 then took possession of the donated items in the bins, though under the contract, WTC2 was not entitled to keep all the donated goods if Goodwill retail stores needed some portion of them. The two men then instructed WTC2 employees to remove Goodwill’s logo and replace it with a logo belonging to a charity supporting military families. WTC2 used this military charity’s logo without permission. The two men then instructed WTC2 employees to place these bins at various locations in the Eastern District of Virginia.
As part of the plea, the two men have agreed to forfeit approximately $3.9 million, which represents illegal proceeds they collected from their scheme.
Garada and Moheyeldin each pleaded guilty to two counts of unlawful employment of unauthorized immigrants and one count of wire fraud. Garada also pleaded guilty to filing a false tax return. The two men face a maximum penalty of 20 years in prison when sentenced on June 26. 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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Richard Delmar, Deputy Inspector General for the U.S. Department of Treasury; Raymond Villanueva, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C.; Derek Pickle, Acting Special Agent-in-Charge of the Washington, D.C. Regional Office, U.S. Department of Labor, Office of Inspector General; Kelly R. Jackson, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI); Edwin Guard, Special Agent in Charge of the Washington Field Office of the U.S. Department of State’s Diplomatic Security Service; and Ron Rosenberg, Washington District Director for U.S. Citizenship and Immigration Services, made the announcement after U.S. District Judge Anthony J. Trenga accepted the pleas. Assistant U.S. Attorneys Carina A. Cuellar and Karen L. Taylor 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 Nos. 1:20-cr-027 and 1:20-cr-028.
Manitowoc County Man—Who Absconded from Extended Supervision on Vehicular Homicide Charges—is Sentenced to 20 years’ Imprisonment for Transporting a Minor Across State Lines to Engage in Criminal Sexual Activity and Possessing Child PornographyRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on February 4, 2020, U.S. District Judge William C. Griesbach sentenced Zachary S. Gauthier (age: 26) to a total sentence of 20 years’ imprisonment and 20 years’ supervised release after Gauthier pled guilty to Transporting a Minor Across State Lines to Engage in Criminal Sexual Activity and Possessing Child Pornography, in violation of Title 18, United States Code, Sections 2423(a) and 2252A(a)(5)(B). The offense of transporting a minor began in Manitowoc County, Wisconsin, and was therefore filed in the Eastern District of Wisconsin.
The child pornography offense was committed in the Northern District of Alabama, and through the cooperative efforts of the respective United States Attorneys for each district, was consolidated for a guilty plea and sentencing in the Eastern District of Wisconsin.
On August 6, 2018, a Manitowoc County resident reported to law enforcement that her 15-year-old granddaughter ran away from home. The Manitowoc County Sheriff’s Department immediately investigated and, with subsequent assistance from the Manitowoc County District Attorney’s Office, Federal Bureau of Investigation, and United States Marshals Service, determined that Zachary S. Gauthier had met the granddaughter online and took her on a multi-state and weeks’ long trip ending in Parrish, Alabama. Gauthier had introduced himself to the grandmother using a fake name, representing that he wanted the granddaughter to babysit his young daughter. Then, throughout the cross-country trip and at a rented trailer in Alabama, Gauthier repeatedly sexually assaulted the granddaughter. He also knowingly searched for, downloaded, and possessed child pornography on his mobile phone in Alabama. Gauthier was arrested in Alabama by Deputy U.S. Marshals in early November 2018, after the granddaughter discovered child pornography on Gauthier’s phone.
Meanwhile, on August 10, 2018, the State of Wisconsin issued a warrant for Gauthier’s arrest because he absconded from extended supervision, which he was serving after being released from prison on two counts of negligent homicide by operation of a motor vehicle. Following his arrest in November 2018, Gauthier was extradited from Alabama to Wisconsin, his supervision was revoked, and he was ordered to serve another six years in state prison on the negligent homicide charges.
“Gauthier’s horrific crimes underscore the epidemic of child exploitation in our country,” said U.S. Attorney Krueger. “I commend the excellent work of the Manitowoc Sheriff’s Office, the Manitowoc District Attorney’s Office, and our federal and state partners, from across the country, whose collaboration brought Gauthier to justice. Predators like Gauthier should take note that decades in federal prison await them.”
“These crimes are detestable and our investigators and prosecutors will remain ever vigilant in protecting victims,” said U.S. Attorney Jay E. Town, Northern District of Alabama. “He will now spend the next 20 years in bed space reserved for him in a federal prison.”
FBI Special Agent in Charge Robert E. Hughes stated: “I commend the work of our FBI Child Exploitation Task Force. This case is a clear example that those who prey on children will get law enforcement’s full attention – federal, state and local. “Child sex predators have no boundaries when targeting their victims and transporting them interstate. However, collectively law enforcement has a very long reach and will pursue them wherever they run to ensure they are caught and brought to justice.”
“We would like to thank our numerous federal, state, and local law enforcement partners who assisted with the investigation and apprehension of Zachery Gauthier. Detective Bret Oswald was instrumental in his efforts to see this case through to a successful completion.” said Manitowoc County Sheriff Dan Hartwig
The case was prosecuted by Assistant United States Attorney Tim Funnell. This case was investigated by the Manitowoc County Sheriff’s Department, the Manitowoc County District Attorney’s Office, the Federal Bureau of Investigation, and the United States Marshals Service.
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Manchester Man Charged with Lying About Role in Rwandan Genocide to Procure U.S. CitizenshipRead the Press Release
CONCORD – Idrissa Gasana, 53, of Manchester, was indicted by a federal grand jury and charged with procuring citizenship or naturalization unlawfully based in part on providing false information about his participation in the Rwandan genocide.
The indictment alleges that Gasana provided false and fraudulent information about material facts on his application for naturalization as a United States citizen. One of the documents which Gasana is alleged to have falsified is a “Questionnaire for Rwandan Visa Applicants” which seeks to determine whether those seeking refugee status in the United States participated in the 1994 genocide in Rwanda. The indictment alleges that at the time of his naturalization as a United States citizen, Gasana was an inadmissible alien because he had participated in the Rwandan genocide.
Gasana was arrested on February 6, 2020. He is being held in custody pending a detention hearing on February 11, 2020.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). The case is being prosecuted by Assistant U.S. Attorneys Georgiana L. Konesky and Seth R. Aframe.
An indictment is merely an allegation and a defendant is presumed innocent unless and until proven guilty.
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Man from San Felipe Pueblo sentenced to life in federal prison for sexually abusing child in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Senior United States District Judge Judith C. Herrera sentenced Tyrone Coriz, 49, of San Felipe Pueblo, New Mexico, in federal court in Albuquerque today to life imprisonment for aggravated sexual abuse of a child in Indian Country.
On May 22, 2019, a federal jury returned a verdict of guilty against Coriz, following a three-day trial, on two counts of aggravated sexual abuse of a child in Indian Country. According to the evidence presented at his trial, Coriz sexually abused the victim between November 1, 2015, and December 27, 2015. Coriz lived in the same home as the victim and other family members. He committed these offenses at night while other household members were sleeping. Three other victims testified that Coriz also abused them in similar ways.
As a repeat offender of sex offenses against minors, Coriz faced mandatory life imprisonment based on his previous conviction for another federal sex crime in 1992.
The Bureau of Indian Affairs and the Federal Bureau of Investigation investigated this case with assistance from the Santa Ana Police Department. Assistant U.S. Attorneys Nicholas Marshall and Kyle Nayback prosecuted the case.
Man Pleads Guilty to Possession of Fentanyl on St. CroixRead the Press Release
St. Croix, USVI – United States Attorney Gretchen C.F. Shappert announced today that Marshall D. Miller, age 44, of unknown address, pled guilty on February 6, 2020 for the charge of Simple Possession of a Controlled Substance.
According to court documents, on January 7, 2020, while on mobile patrol, St. Croix Police Chief Herman Lynch observed Miller acting erratically on the roadway near the Limetree Bay housing facility across from the entrance to Colorama store. When the police chief approached Miller, Miller had pinpoint pupils, was drooling, and was observed reaching into his pockets and throwing out items. The police chief saw five plastic baggies containing a pink powdery substance along with a $10 bill on the ground where the items were thrown. A subsequent field test by the Drug Enforcement Administration (DEA) revealed that the substance contained fentanyl and weighed approximately .7 grams.
Miller faces a maximum sentence of one year and a minimum fine of $1000. Sentencing has been scheduled for March 20, 2020 at 9:00 a.m.
The case was investigated by the Virgin Islands Police Department and the DEA. It is being prosecuted by Assistant U.S. Attorneys Melissa P. Ortiz and Alphonso Andrews, Jr.
Man Pleads Guilty for 2015 Murder in Osage Nation Indian CountryRead the Press Release
TULSA, Okla. – A man charged with a 2015 murder occurring in Osage County pleaded guilty in federal court Thursday to murder in the second degree, announced U.S. Attorney Trent Shores.
Jeremy Keith Reece, 35, a member of the Muscogee (Creek) Nation, admitted that he intentionally shot and killed the victim in Osage Nation Indian Country on Sept. 5, 2015. During the change of plea hearing and according to the plea agreement, Reece took the victim from his residence then transported him to Osage Nation Indian Country where Reece shot the victim three times. Reece then dug a shallow grave, placed the victim in the grave, and set the victim’s body on fire.
“In 2015, Jeremy Reece callously murdered Rick Holt on the lands of the Osage Nation. Heinous acts such as those committed by Reece will not go unpunished in the Northern District of Oklahoma. This United States Attorney’s Office takes seriously its special trust responsibility to prosecute violent crimes in Indian Country,” said U.S. Attorney Trent Shores. “Assistant United States Attorney and Tribal Liaison Shannon Cozzoni worked closely with Osage County District Attorney Mike Fisher to move this case forward and secure justice for the victim and his family. I would note that this investigation is ongoing and we will not rest until we have held accountable all those responsible for this senseless act of violence.”
"While there can never be a resolution to Mr. Holt's murder that can return him to his family and friends, the District Attorney's Office is thankful for the tireless efforts and assistance of the U.S. Attorney's Office in bringing some closure to those who knew and cared about Rick," said Osage County District Attorney Mike Fisher.
The murder case was originally filed in state court but in 2017, following an adverse ruling at the district court level that the State of Oklahoma did not have jurisdiction to prosecute the case, the Oklahoma Court of Criminal Appeals issued a ruling staying the case until jurisdictional issues were resolved.
Chief U.S. District Judge John E. Dowdell remanded Reece into the custody of the U.S. Marshals Service and set sentencing for May 6, 2020.
This prosecution is the joint effort of the Osage County District Attorney and the United States Attorney’s Office. The investigation was conducted by the Osage County Sheriff’s Office, Pawhuska Police Department, Oklahoma State Bureau of Investigation, Osage Nation Police Department and the FBI.
Laredo woman sentenced for role in smuggling cocaineRead the Press Release
LAREDO, Texas – A 40-year-old Laredoan has been ordered to prison after admitting she imported a large amount of cocaine via the Gateway to the Americas International Bridge, announced U.S. Attorney Ryan K. Patrick.
Yuriria Verastegui pleaded guilty Nov. 5, 2019.
Today, U.S. District Judge Marina Garcia Marmolejo ordered her to serve a 70-month sentence to be immediately followed by three years of supervised release. At the hearing, the court noted that even though Verastegui’s husband is serving a federal prison sentence himself for similar conduct, she still chose to do this on two more occasions, knowing the possible consequences.
Verastegui attempted to enter the United States July 24, 2019, driving a Ford SUV. Authorities noticed tampering with its interior quarter panels, lifted a tray to access them and found 16 bundles of cocaine.
The drugs weighed a total of approximately 16 kilograms with a value of $512,000.
Verastegui pleaded guilty to conspiracy to possess with the intent to distribute cocaine, admitting she knew there were narcotics in her vehicle and expected to be paid $9,600 for transporting them.
She will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with assistance from Customs and Border Protection. Assistant U.S. Attorney Anthony J. Evans is prosecuting the cases.
KC Man Pleads Guilty to Two Bank Robberies, Armed Business RobberyRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Missouri, man pleaded guilty in federal court today to two bank robberies and the armed robbery of a Subway store during a February 2016 crime spree.
Mack Davis, 27, pleaded guilty before U.S. Chief District Judge Beth Phillips to two counts of bank robbery, one count of robbing a business, and one count of using a firearm in furtherance of a crime of violence. Davis was originally charged on Feb. 26, 2016, but was a fugitive from justice until he was apprehended on April 20, 2017. Davis has been in federal custody since his arrest.
Davis admitted that he stole $2,210 from Commerce Bank, 6100 Troost Avenue in Kansas City, on Feb. 16, 2016. Davis presented a note to the teller that read: “Give me all the loose money. No INK PACKS No trackers or EVERYBODY Will DIE!!” (sic)
Davis admitted that he stole $2,525 from Central Bank of the Midwest, 9740 Wornall Road in Kansas City, on Feb. 24, 2016. During the robbery, Davis told a bank employee to give him money or “I will shoot you.” Davis kept his right hand in his front pocket as if he had a gun.
Davis admitted that he stole $647 at gunpoint from the Subway store at 3550 Truman Road in Kansas City on Feb. 1, 2016. Davis, brandishing a handgun, demanded money from a Subway employee then fled with the proceeds.
Under federal statutes, Davis is subject to a sentence of up to 20 years in federal prison without parole for each of the three robbery counts, plus a mandatory consecutive sentence of at least seven years in federal prison without parole for the firearm 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 Assistant U.S. Attorney D. Michael Green. It was investigated by the Kansas City, Mo., Police Department and the FBI.
Justice Department Announces Investigation into Conditions in Four Mississippi PrisonsRead the Press Release
WASHINGTON – The Department of Justice’s Civil Rights Division announced today that it has opened an investigation into conditions of confinement in four of Mississippi’s prisons. The investigation will examine conditions at the Mississippi State Penitentiary (Parchman), Southern Mississippi Correctional Institute, Central Mississippi Correctional Facility, and the Wilkinson County Correctional Facility. The State of Mississippi is responsible for all four facilities. The investigation will focus on whether the Mississippi Department of Corrections adequately protects prisoners from physical harm at the hands of other prisoners at the four prisons, as well as whether there is adequate suicide prevention, including adequate mental health care and appropriate use of isolation, at Parchman.
The Department has not reached any conclusions regarding the allegations in this matter. The investigation will be conducted under the Civil Rights of Institutionalized Persons Act (CRIPA). Under CRIPA, the Department has the authority to investigate violations of prisoners’ constitutional rights that result from a "pattern or practice of resistance to the full enjoyment of such rights." The Department has conducted CRIPA investigations of many correctional systems, and where violations have been found, the resulting settlement agreements have led to important reforms.
The Civil Rights Division’s Special Litigation Section is conducting this investigation, with support from the United States Attorney’s Offices for the Northern and Southern Districts of Mississippi. Individuals with relevant information are encouraged to contact the Department via phone at 1-833-591-0288 or by email at [email protected].
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
Justice Department Alleges Conditions at South Carolina's Broad River Road Complex Violate the ConstitutionRead the Press Release
NOTE: The notice can be found here.
WASHINGTON – The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the District of South Carolina today concluded that there is reasonable cause to believe that the conditions at the Broad River Road Complex in Columbia, South Carolina, violate the Fourteenth Amendment of the Constitution. Specifically, the Department concluded that there is reasonable cause to believe that the Broad River Road Complex fails to protect youth from youth-on-youth violence and places youth in punitive, prolonged isolation.
As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the Department provided the facility with written notice of the supporting facts for these alleged conditions and the minimum remedial measures necessary to address them.
“Youth held in custody for rehabilitation are protected by the Fourteenth Amendment of the Constitution, which guarantees reasonable safety from harm,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Our investigation found reasonable cause to conclude that youth in the facility are at substantial risk of serious physical harm from other youth and that youth are regularly subjected to harmful isolation. The Justice Department hopes to continue to work with South Carolina to resolve the Department’s concerns.”
The Civil Rights Division and the U.S. Attorney’s Office for the District of South Carolina initiated the investigation in September 2017 under CRIPA, which authorizes the Department to take action to address a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities. The investigation was also initiated under the Violent Crime Control and Law Enforcement Act of 1994.
This investigation was conducted by attorneys with the Special Litigation Section of the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the District of South Carolina.
Additional information about the Civil Rights Division of the Justice Department is available on its website at http://www.justice.gov/crt.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Jury Finds Orange Park Man Guilty of Federal Child Pornography OffensesRead the Press Release
Jacksonville, Florida – A federal jury has found Darryl Gray Smith, Jr. (30, Orange Park) guilty of two counts of attempted online enticement of a child to engage in sexual activity, and one count of online solicitation of child pornography. Smith faces a mandatory minimum penalty of 10 years, and up to life, in federal prison for each of the attempted online enticement counts. For the solicitation charge, he faces a mandatory minimum penalty of 15 years, and up to 30 years. A sentencing date has not yet been set.
According to testimony and evidence introduced during the trial, from February 6 through February 13, 2019, Smith engaged in a series of online text conversations with a person whom he believed to be a 14-year-old child. Unbeknownst to Smith, the “child” was an undercover Homeland Security Investigations (HSI) agent. During the course of the online conversations, Smith discussed in detail his desire to have sex with and to perform sexual acts on the child. Smith made several requests for the child to send him images of the child engaging in sexually explicit conduct. On February 13, 2019, Smith went to a local fast food restaurant in Orange Park to meet the child, and was subsequently arrested by HSI agents and deputies from the Clay County Sheriff’s Office.
This case was investigated by the Clay County Sheriff’s Office and Homeland Security Investigations. It is being prosecuted by Assistant United States Attorneys Ashley Washington and Kelly Karase.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Judge Sends Plum Borough Drug Dealer to Federal Prison for 10 YearsRead the Press Release
PITTSBURGH, Pa. - A former resident of Plum Borough, PA, has been sentenced in federal court today to 10 years (120 months) of imprisonment on his conviction for violating the federal narcotics laws, United States Attorney Scott W. Brady announced today.
Senior United States District Judge Nora Barry Fischer imposed the sentence on Brandon Winters, age 43, formerly of Plum Borough, PA, who pleaded guilty in September 2019 to the two-Count Indictment charging him at Count One with conspiring to possess with intent to distribute and to distribute one kilogram or more of heroin and 400 grams or more of fentanyl; and at Count Two, with possessing with intent to distribute 500 grams or more of cocaine.
According to information presented to the Court, on January 30, 2019, investigators with the Federal Bureau of Investigation and Pennsylvania State Police Drug Law Enforcement Division executed a search warrant at an apartment located in Pittsburgh, which was utilized by Mr. Winters and his alleged coconspirators, Eduard Rijo and Erick Martinez. Upon entry into the apartment, case agents located Winters, Rijo, and Martinez, approximately 1,500 "bricks" (the equivalent of roughly 75,000 individual dosage units) containing mixtures of heroin and fentanyl, and more than 500 grams of cocaine. Additionally, case agents seized over $250,000 in U.S. Currency, which was found in and around Mr. Winters and his alleged coconspirators.
Prior to sentencing Mr. Winters to a 10-year term of imprisonment, the Court noted Mr. Winters’ acknowledgement that his criminal conduct in this case was motived by his selfishness, greed, and addiction to the fast and easy money associated with narcotics trafficking. Following Mr. Winters release from his sentence of incarceration, the Court ordered that he be under the supervision of the United States Probation Department for a period of five years.
Assistant United States Attorneys Jerome A. Moschetta and Tonya Sulia Goodman prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation and the Pennsylvania State Police for the investigation leading to the successful prosecution of Mr. Winters.
Johnstown Drug Dealer Sentenced to Nearly 5 Years in Federal PrisonRead the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, Pa. has been sentenced in federal court in Johnstown to 57 months in prison and three years’ supervised release on his conviction of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
United States District Judge Kim R. Gibson imposed the sentence on Derrick L. Harper, Jr., 27.
According to information presented to the court, on Nov. 27, 2018, Harper possessed with intent to distribute a quantity of cocaine base, in the form commonly known as crack, fentanyl and cocaine.
Assistant United States Attorney Arnold P. Bernard, Jr. prosecuted this case on behalf of the government.
Mr. Brady commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Johnstown Police Department for the investigation that led to the successful prosecution of Harper.
Jersey City Woman Sentenced to 135 Months in Prison for Role in Smuggling Fentanyl into Prison, Resulting in Inmate OverdoseRead the Press Release
NEWARK, N.J. – A Hudson County, New Jersey, woman was sentenced today to 135 months in prison for her role in conspiring to distribute fentanyl, which resulted in the overdose of an inmate at a New Jersey State prison, U.S. Attorney Craig Carpenito announced.
Jasmir Humphrey, a/k/a “Jasmir Jackson,” 31, previously pleaded guilty to an information charging her with one count of conspiracy to distribute and possess with intent to distribute fentanyl. U.S. District Judge Brian R. Martinotti imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
Noel Salgado, a/k/a “Kuko,” who is the leader of the “Loyal Hoody Gang” subset of the Neighborhood Rolling 20 Bloods, a nationwide street gang, was previously incarcerated as an inmate at Bayside State Prison. While incarcerated, Salgado directed Humphrey, gang members, and associates to provide narcotics proceeds to him and his associates and to smuggle narcotics and other contraband into the prison in order to distribute to other inmates.
In particular, on October 17, 2015, Salgado called Rodgerick Garrett, a/k/a, “Fif,” a/k/a, “Boo,” from prison to arrange for the purchase and smuggling into the prison of heroin and fentanyl. Humphrey picked up the narcotics from Garrett and smuggled them to Salgado on October 18, 2015. The following day, an inmate of Bayside State Prison, to whom Salgado had distributed the narcotics, was found unresponsive in his cell suffering from a drug overdose. Despite rescue breathing efforts, the inmate remained unconscious for approximately 20 minutes. The inmate only regained consciousness after medical personnel administered an opiate antidote to revive the inmate. The inmate was hospitalized for two days following his overdose. Law enforcement’s investigation revealed that Humphrey had smuggled in drugs for Salgado on prior occasions. Charges against Salgado and Garrett are still pending, and they are both presumed innocent unless and until proven guilty.
In addition to the prison term, Judge Martinotti sentenced Humphrey to three years of supervised release.U.S. Attorney Carpenito credited special agents with the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, and investigators with the N.J. Department of Corrections, Special Investigations Division, under the direction of Commissioner Marcus O. Hicks, with the investigation leading to the charges resulting in today’s sentencing. He also thanked the Jersey City Police Department and the Hudson County Sheriff’s Office for their assistance.
The government is represented by Assistant U.S. Attorneys Christopher D. Amore and Elaine K. Lou of the U.S. Attorney’s Office in Newark.
Defense counsel: Joseph M. Corazza, Esq.
Jacksonville Felon, Previously Convicted of Attempted Murder, Arrested on Firearms ChargeRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the filing of a criminal complaint charging D.K. Johnson (80, Jacksonville) with possessing a firearm as a convicted felon. If convicted, Johnson faces a maximum penalty of 10 years in federal prison.
According to the
complaint , in 1992, Johnson was federally convicted of attempted murder, assault with attempt to commit murder, assault causing serious bodily harm, and using and carrying a firearm during a crime of violence. He was sentenced to 10 years in federal prison. According to court documents, Johnson committed these crimes against his coworkers at the time.During the past two years Johnson has been employed by a company in Jacksonville. He was terminated at the end of January 2020, at which time he began making threats toward his former employer. The former employer knew that Johnson was a convicted felon and had accompanied Johnson to a gun show, where Johnson had purchased a Sig Sauer pistol in a transaction not requiring a background check.
On February 5, 2020, special agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives executed a search warrant at Johnson’s home. Agents recovered ammunition from inside the residence, and several firearms from a shed on the property, including a Sig Sauer .40 caliber pistol. Johnson was arrested at the scene.
A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It will be prosecuted by Assistant United States Attorney Laura Cofer Taylor.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.
International Firearms Trafficker Sentenced to Federal PrisonRead the Press Release
Tampa, Florida – Senior U.S. District Judge Susan Bucklew has sentenced Jermaine Rhoomes (46, St. Petersburg) to four years and nine months in federal prison for trafficking firearms, ammunition, and gun parts to Jamaica, in violation of the International Traffic in Arms Regulations. The sentence imposed was the maximum recommended by the United States Sentencing Guidelines.
Rhoomes had pleaded guilty on October 1, 2019.
According to court documents, in March 2016, Rhoomes used an alias and false address to smuggle to Jamaica a pistol, an AR15-style assault rifle, and multiple ammunition magazines, in shipments that he had declared as containing audio equipment. In July 2017, Rhoomes used a fake name and address to send a 50-gallon barrel to Jamaica that he declared as “food.” Jamaican law enforcement officers intercepted the barrel and discovered that it actually contained two AK47-style assault rifles, five AR15-style assault rifles, eight pistols, 3,315 rounds of assorted ammunition, 38 gun magazines, and a bulletproof vest. After tracing that shipment back to Rhoomes, law enforcement searched Rhoomes’s apartment in St. Petersburg and found seven partially completed assault-style rifles, two shotguns, 23 gun magazines, and 5,949 rounds of assorted ammunition, all of which Rhoomes intended to illegally export to Jamaica.
Representatives from the Jamaican government, including Queen’s Counsel Paula Llewellyn, Jamaica’s Director of Public Prosecutions, traveled to the United States to attend Rhoomes’s sentencing hearing.
“The unique international investigative authorities of HSI helped disrupt this transnational criminal organization,” said Department of Homeland Security, Homeland Security Investigations Tampa Assistant Special Agent in Charge Michael Cochran. “Thanks to the hard work of our HSI special agents and our partners at Immigration and Customs Enforcement’s Enforcement and Removal Operations, the St. Petersburg Police Department, the U.S. Postal Inspector, the HSI Attaché office in Jamaica and the Bureau of Alcohol, Tobacco, Firearms and Explosives, our communities are safer today.”
This case was investigated by Homeland Security Investigations, Immigration and Customs Enforcement and Removal Operations, the St. Petersburg Police Department, the U.S. Postal Inspection Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Daniel George and Trial Attorney Will Mackie of the National Security Division’s Counterintelligence and Export Control Section prosecuted the case.
Inmate at FCI Hazelton sentenced for assaultRead the Press Release
CLARKSBURG, WEST VIRGINIA – Brian Keith Rose, an inmate at FCI Hazelton in Bruceton Mills, West Virginia, has admitted to and was sentenced for an assault charge, U.S. Attorney Bill Powell announced.
Rose, age 34, was sentenced today to 12 months incarceration to run consecutively to the sentencing he is currently serving. Rose pled guilty to one count of “Assault of a Correctional Officer Involving Physical Contact.” He admitted to assaulting a federal correctional officer at FCI Hazelton in October 2018.
Assistant U.S. Attorney Brandon S. Flower prosecuted the case on behalf of the government. The Bureau of Prisons Special Investigation Services investigated.
U.S. District Judge Thomas S. Kleeh presided.
Hudson Man Sentenced to 120 Months for Crack Cocaine ConspiracyRead the Press Release
ALBANY, NEW YORK – Julan Morrison, aka “Weez,” age 38, of Hudson, New York, was sentenced today to 120 months in prison for his involvement in a crack cocaine distribution ring that operated in Columbia County.
The announcement was made by United States Attorney Grant C. Jaquith; Keith M. Corlett, Superintendent of the New York State Police; James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Chief L. Edward Moore of the Hudson Police Department.
As part of his guilty plea, Morrison admitted that between August and December 2017, he was involved in a conspiracy to distribute crack cocaine in Columbia County. Morrison admitted that members of the conspiracy made weekly trips to New York City where they purchased hundreds of grams of powder cocaine, returned it to Hudson, converted it to crack cocaine, and then sold it to customers. Morrison admitted that the organization sold at least 464 grams of crack cocaine between August and December 2017.
Senior United States District Judge Thomas J. McAvoy also imposed a 5-year term of supervised release, to begin after Morrison’s release from prison.
This case was investigated by the New York State Police’s Special Investigations Unit, the FBI, and the Hudson Police Department, and was prosecuted by Assistant U.S. Attorneys Wayne A. Myers and Joshua R. Rosenthal.
Honduran National Indicted for Illegal Re-EntryRead the Press Release
NEW ORLEANS – U.S. Attorney Peter Strasser announced today that FRANCISCO ANTONIO ESCOTO-AVILA, age 38, was charged on January 30, 2020 in a one-count indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
According to the indictment, FRANCISCO ANTONIO ESCOTO-AVILA (“ESCOTO”), reentered the United States after he was previously deported on March 3, 2011. If convicted, ESCOTO faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.
U. S. Attorney Strasser reiterated that an Indictment 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 United States Customs and Border Patrol in investigating this matter. Assistant U. S. Attorney Spiro G. Latsis is in charge of the prosecution.
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Hombre de Tejas acusado de delitos federales de odio y delitos relacionados con armas de fuego en conexión con el tiroteo masivo del 3 de agosto del 2019 en El PasoRead the Press Release
Un gran jurado federal en El Paso, Tejas, acusó formalmente hoy a Patrick Wood Crusius, 21, de Allen, Tejas, de delitos de odio y otros relacionados con armas de fuego en conexión con el asesinato de 22 personas y el intento de asesinato de 23 personas adicionales en un Walmart en El Paso, Tejas, el 3 de agosto del 2019. Así declararon Eric Dreiband, Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia, John F. Bash, Fiscal Federal para el Distrito Occidental de Tejas y Luis M. Quesada, Agente Especial Encargado de la Oficina Local de la FBI en El Paso.
La acusación formal alega que el 3 de agosto del 2019, Crusius abrió fuego con un rifle de asalto y disparó a múltiples individuos en un Walmart Supercenter y sus alrededores en El Paso, Tejas, lo que llevó a la muerte de 22 personas y la lesión de otras muchas más. Más aún, la acusación alega que en la misma fecha en que sucedió el tiroteo, Crusius subió un documento a Internet que él había redactado titulado «Una verdad incómoda». El documento comienza declarando lo siguiente: «Este ataque es una respuesta a la invasión hispana de Tejas. No soy yo sino ellos los instigadores. Yo sencillamente estoy defendiendo a mi país del reemplazo cultural y étnico producido por la invasión». La acusación formal acusa a Crusius de haber causado lesiones corporales deliberadamente a las víctimas por razón del origen nacional real o percibido de ellas.
En total, la acusación formal de 90 cargos acusa a Crusius de 22 cargos de delitos de odio que resultaron en la muerte, 23 delitos de odio por intento de asesinato y 45 cargos de descarga de arma de fuego en relación a los delitos de odio.
Una vez condenado, los cargos en la acusación formal acarrean una pena máxima de cadena perpetua o la pena de muerte. El Fiscal General decidirá posteriormente si se solicitará la pena de muerte. En el caso de que el Fiscal General determine que las circunstancias del delito justificarían la pena de muerte, la ley requiere que se presente una notificación ante el tribunal dentro de un plazo de tiempo razonable antes del juicio. Crusius se encuentra actualmente bajo custodia estatal con cargos penales pendientes.
La FBI —con el apoyo del Departamento de Policía de El Paso, la Agencia de Control de Bebidas Alcohólicas, Tabaco, Armas de Fuego y Explosivos (ATF, por sus siglas en inglés), el Departamento de Seguridad Pública de Tejas, la Oficina del Sheriff del Condado de El Paso, la Oficina del Condado de El Paso para la Medicina Forense, el Departamento de Policía de Allen y el Departamento de Policía de Dallas— llevó a cabo la investigación. El caso está siendo procesado por los Fiscales Federales Auxiliares Ian Hanna y Greg McDonald del Distrito Occidental de Tejas y los abogados de litigios del Departamento de Justicia de los EE. UU. Tim Visser y Michael Warbel.
Cabe destacar que una acusación formal es simplemente eso, una acusación, y no se debe considerar como prueba de culpabilidad. El acusado se considera inocente mientras no se pruebe su culpabilidad ante un tribunal de justicia.
Para más información sobre los esfuerzos del Departamento por combatir los delitos de odio, incluyendo hechos y estadística, ejemplos de casos y una colección de los recursos del Departamento para la aplicación de la ley, grupos comunitarios, investigadores y otros se encuentra en www.justice.gov/hatecrimes.
Acusación Formal (en Inglés)
Harrison County man sentenced for role in a methamphetamine distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Russell Clark, of Clarksburg, West Virginia, was sentenced today to 41 months incarceration for his involvement in a methamphetamine distribution conspiracy, U.S. Attorney Bill Powell announced.
Clark, age 66, pled guilty to one count of “Aiding and Abetting Maintaining a Drug-Involved Premises” in April 2019. Clark admitted to maintaining a residence on Winding Way in Clarksburg for the purpose of distributing methamphetamine in February 2018.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Greater Harrison Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. District Judge Thomas S. Kleeh presided.
Green Bay Man Charged with Production of Child PornographyRead the Press Release
United States Attorney Mathew D. Krueger of the Eastern District of Wisconsin, announced that on February 3, 2020, Todd J. Naze (age: 54) of Green Bay, Wisconsin, was charged by criminal complaint with six counts of production of child pornography in violation of 18 U.S.C. Section 2251. If convicted of any charge, Naze faces a mandatory minimum term of 15 years and up to 30 years in prison, $250,000 fine, and five years to life of supervised release.
The affidavit in support of the criminal complaint alleges that on December 31, 2019, Adult Female 1 met with Brown County Sheriff Deputies and advised them that Todd Naze possessed a hard drive containing image and movie files of females using the toilet in a staff bathroom at Southwest High School in Green Bay, Wisconsin. In the process of doing so, the females exposed their pubic and genital area, which was recorded on the videos. Adult Female 1 copied the hard drive and provided a copy to law enforcement. Upon examining the videos, law enforcement advised that they appeared to be created from a camera hidden in the bathroom and contain video images of multiple females. Law enforcement searched Naze’s residence and school office recovering numerous computers and storage devices that continue to be examined. Law enforcement have identified thousands of movie and image files containing images of more than 30 females. Seventeen of them are either current or former students. In general, the videos of the minor females depict the minor from the waist down and only in camera view when directly in front of the toilet.
On February 5, 2020, Naze appeared before the Honorable James Sickel, Magistrate Court Judge, and was ordered to be held in jail. A preliminary hearing in the matter is scheduled for February 20, 2020 3:00 PM in Courtroom 201, 125 S. Jefferson St., Green Bay, WI 54301 before Magistrate Judge James R Sickel.
This case was investigated by the Green Bay Police Department, Brown County Sheriff’s Department and Brown County District Attorney’s office. The case is being prosecuted by Assistant United States Attorney William Roach.
A criminal complaint is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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Public Information Officer Kenneth Gales 414-297-1700
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Gettysburg Man Charged with Malicious Attempt to Destroy Building by Fire and ExplosiveRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Samson Paul Yohe, age 28, of Gettysburg, Pennsylvania, was indicted on February 5, 2020, by a federal grand jury with malicious attempt to destroy building by fire and explosive and possession of an unregistered firearm (destructive device).
According to United States Attorney David J. Freed, on December 22, 2019, it is alleged that Yohe threw an incendiary device, commonly referred to as a Molotov cocktail, through the window of the Adams County Courthouse. The device consisted of an antique yellow bottle filled with liquid and a cotton sock used as a wick, which was lit prior to throwing.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Gettysburg Borough Police, the Adams County Detective Bureau, the Adams County Sheriff’s Office, and the Adams County District Attorney’s Office. Assistant U.S. Attorney Daryl F. Bloom and Special Assistant United States Attorney Brian Sinnett are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal enforcement and the local community to develop effective, locally-based strategies to reduce crime.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The total maximum penalty under federal law for these offenses is 50 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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