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30 January 2020
Gulfport Man Pleads Guilty to Possession of a Firearm by a Convicted FelonRead the Press Release
Gulfport, Miss. – Douglas Gary Mayes, 66, of Gulfport, pled guilty yesterday before U.S. District Judge Louis Guirola, Jr., to being a convicted felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Kurt Thielhorn with the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”).
On July 2, 2019, ATF agents went to Mayes’ residence in Gulfport to arrest him on an underlying federal indictment for being a felon in possession of a firearm. Mayes advised agents that he had additional firearms in his home, but would not give consent to search. A federal search warrant was obtained and, after searching the residence, agents found three additional firearms and ammunition. Mayes had a previous conviction in Harrison County, Mississippi for receiving stolen property.
Mayes will be sentenced by Judge Guirola on Wednesday, April 29, 2020, at 10:00 a.m., in Gulfport. He faces a maximum penalty of 10 years in prison and a $250,000 fine.
The case was investigated by The Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant U.S. Attorney Andrea Jones.
Georgia Pair Sentenced for Methamphetamine Drug and Firearm ChargesRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that in federal court, Chief United States District Judge Terrence W. Boyle sentenced CHRISTIAN TOLEDO, also known as “FLACO,” 24 of Athens, Georgia, to 180 months imprisonment and 5 years supervised release for possession with the intent to distribute fifty grams or more of methamphetamine, aiding and abetting, and possession of a firearm in furtherance of a drug trafficking crime. ARTURTO BAHENA, 28, also of Athens, Georgia was sentenced on December 17, 2019 to 262 months imprisonment, followed by 5 years of supervised release for conspiracy to distribute and possess with the intent to distribute fifty grams or more of methamphetamine, aiding and abetting, and possession with intent to distribute fifty grams or more of methamphetamine, aiding and abetting.
TOLEDO and BAHENA were named in an indictment filed on January 15, 2019, charging both with conspiracy to distribute and possess with the intent to distribute fifty grams or more of methamphetamine and possession with intent to distribute fifty grams or more of methamphetamine, aiding and abetting. TOLEDO was also charged with possession of a firearm in furtherance of a drug trafficking gram. On September 23, 2019, BAHENA pled guilty to his charges.
According to the investigation, the Greenville Police Department and Drug Enforcement Administration utilized a confidential source to order five kilograms of crystal methamphetamine from a supplier in Atlanta, Georgia. After learning that the drugs had arrived in Greenville, North Carolina, officers stopped TOLEDO and BAHENA and located the five kilograms in a backpack in their car. Officers also located two handguns in the car registered to TOLEDO.
The prosecution of TOLEDO and BAHENA was a part of an Organized Crime and Drug Enforcement Task Force Operation (OCDETF) targeting drug traffickers. This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Greenville Regional Drug Task Force and Drug Enforcement Administration (DEA) conducted the investigation of this enforcement operation. Assistant United States Attorney Dena King represented the government.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Four-Time Felon, Meth User, and Domestic Abuse Misdemeanant Sentenced to Federal Prison for Gun CrimeRead the Press Release
A Dakota City, Iowa man was sentenced January 30, 2020 to more than six years in federal prison for unlawfully possessing a gun and ammunition.
Christopher Powell, age 39, from Dakota City, Iowa, received the prison term after a June 17, 2019 guilty plea to possession of a firearm and ammunition by a prohibited person.
Information provided by the United States at the court hearings in the case revealed Powell’s crime was discovered when, while he was pheasant hunting, he fired dangerously close to a home, and a school bus that was offloading a young child. An off-duty deputy, waiting to collect his child from the school bus, confronted Powell and discovered he had been using methamphetamine while hunting. A review of Powell’s criminal history revealed he was a four-time felon, including a conviction for Burglary in the Third Degree, and was a domestic abuse misdemeanant. Additional investigation revealed Powell attempted to subvert the law prohibiting felons, drug users, and domestic abusers from lawfully possessing firearms, by directing his wife to purchase his gun.
Powell was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Powell was sentenced to 73 months’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Powell is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from our Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was investigated by the O’Brien County Sheriff’s Office and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-4009. Follow us on Twitter @USAO_NDIA.
Former Weyerhaeuser Employee Pleads Guilty to Mail Fraud, Aggravated Identity Theft, and Tax EvasionRead the Press Release
EUGENE, Ore.—Susan Tranberg, 61, of Eugene, Oregon, pleaded guilty today in federal court to mail fraud, aggravated identity theft and tax evasion after defrauding her former employer, the Weyerhaeuser Company, out of more than $4.5 million.
“Susan Tranberg used her intimate knowledge of the Weyerhaeuser Company to perpetrate a lengthy and complex fraud. She went to great lengths to disguise her actions and mislead her colleagues,” said Billy J. Williams, U.S. Attorney for the District of Oregon. “She then took her scheme a step further by evading paying taxes on her fraudulent gains. Her crimes reflect a complete disdain for her employer and utter contempt for her responsibilities as an American taxpayer.”
“Between 2004 and 2019, Susan Tranberg purported herself as a trustworthy and dedicated employee. In reality she was embezzling more than $4 million dollars,” said IRS-Criminal Investigation Special Agent in Charge Justin Campbell. “She cheated both her employer and the American taxpayers by evading taxes on her embezzled income. The IRS is committed to promoting taxpayer confidence by ensuring every taxpayer pays their fair share regardless of the taxable source.”
According to court documents, beginning as early as June 2004 and continuing to January 2019, Tranberg defrauded Weyerhaeuser out of more than $4.5 million by submitting fraudulent invoices for payment to a fake vendor she created. Tranberg had worked for Weyerhaeuser in Springfield, Oregon in various positions for more than 40 years.
At some point in or before June 2004, Tranberg created a fake timber contract between the company and a vendor she named after her mother, who was unware of the scheme. Over the next 10 years, Tranberg would use her positions in the company’s accounting and finance departments, to request cashier’s checks payable to the fake vendor. During this time period, Tranberg requested and received more than $2.6 million.
In June 2014, Weyerhaeuser transitioned to a new payment processing system. To continue her scheme, Tranberg set up a fake vendor account in the new system and attached a letter purportedly from her mother describing the documentation provided to set up the account. This documentation included a Form SSA-1099 Social Security Statement and a forged Form W-9 Request for Taxpayer Identification Number and Certification.
Between June 2014 and January 2019, Tranberg continued her scheme by forging colleagues’ signatures on check requests and using her colleagues’ computer login credentials without authorization to create requests and approve fraudulent payments. All requested cashier’s checks were sent via private or commercial interstate carrier directly to Tranberg. During these final five years, Tranberg requested and received nearly $1.9 million.
Tranberg faces a maximum sentence of 20 years in prison, a $250,000 fine and three years of supervised release. In addition, a conviction for aggravated identity theft carries a two-year mandatory minimum sentence required to be served consecutive to any other prison sentence imposed.
As part of her plea agreement, Tranberg has agreed to pay $4,581,218 in restitution to Weyerhaeuser and $807,033 in restitution to the IRS.
This case was investigated by IRS-Criminal Investigation (IRS-CI) and prosecuted by Gavin W. Bruce, Assistant U.S. Attorney for the District of Oregon.
Former Stockman Bank employee sentenced to prison for stealing from customersRead the Press Release
BILLINGS—A former Stockman Bank commercial loan assistant who admitted stealing money from the accounts of two customers, including a mentally incompetent elderly man, was sentenced today to 57 months in prison and five years of supervised release and ordered to pay $195,949 restitution, U.S. Attorney Kurt Alme said.
Shawn Al Logan, 31, of Shepherd, pleaded guilty in October to theft, embezzlement, misapplication by bank employee, engaging in monetary transactions in criminally derived property and aggravated identity theft.
U.S. District Judge Susan Watters presided and continued Logan’s release pending assignment by the Bureau of Prisons.
In court documents filed in the case, the prosecution said Logan, a commercial loan assistant, fraudulently obtained or attempted to obtain more than $243,000 in customer funds for his personal benefit. Logan worked on customer accounts of an elderly man who was mentally incompetent and interacted with the man’s representative, who had power of attorney. The representative lived in Florida, was authorized to handle the man’s accounts and traveled to Billings a few times a year.
Beginning in September 2017, Logan made unauthorized withdrawals from the man’s account for his own benefit by issuing debit cards in the representative’s name. When the representative confronted Logan about unauthorized debit transactions, Logan made a series of misrepresentations to the representative, all designed to hide what had actually occurred.
Logan also made a series of unauthorized internal transfers from the account of another Stockman bank customer to the elderly man’s account, from which Logan would pay his own creditors and make deposits into his own accounts.
When interviewed by the bank, Logan initially said all of the flagged internal bank transfers and checks were approved by Stockman customers. However, when confronted by evidence concerning one of the checks payable to his American Express account, Logan said he did not want to answer any more questions.
Assistant U.S. Attorney Zeno Baucus prosecuted the case, which was investigated by the FBI, the Federal Deposit Insurance Corporation’s Office of Inspector General and the IRS.
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Former Owner of Oil Field Construction Business Pleads Guilty to Tax EvasionRead the Press Release
OKLAHOMA CITY – MICKEY ALVIN YOUNG has pleaded guilty to evading personal federal income taxes for the 2013 tax year, announced U.S. Attorney Timothy J. Downing.
A federal grand jury indicted Young on December 4, 2018, on two counts of tax evasion. According to the indictment, Young operated Mickey Young Construction, a sole proprietorship that built concrete pits to hold millings at oil and gas well drilling sites. Evidence in the case showed that the business had gross receipts of more than $9 million in 2012 and more than $6 million in 2013. Young’s income from his business was to be reported on his personal federal income tax return. He was charged with under-reporting his income in both 2012 and 2013 by treating money that he used for personal purposes as deductible business expenses of Mickey Young Construction.
After a jury was unable to reach a unanimous verdict on either count in July 2019, U.S. District Judge Robin J. Cauthron declared a mistrial and set the case for re-trial.
This morning, Young pleaded guilty to tax evasion for the 2013 tax year. The government will dismiss the charge for 2012 at the time of sentencing, which has been set on April 30, 2020.
Tax evasion carries a potential penalty of five years in prison, three years of supervised release, and a fine of up to $250,000. The parties have agreed, however, that Young should be sentenced to a maximum of eight months in prison. Young’s plea agreement also requires him to pay restitution to the IRS. The parties have agreed that the tax loss to the United States is more than $550,000.
This case is the result of an investigation by the Internal Revenue Service—Criminal Investigations, with assistance from the U.S. Secret Service. Assistant U.S. Attorneys Scott E. Williams and Amanda Green are prosecuting the case.
Reference is made to public filings for more information.
Former Aurora Business Owner Pleads Guilty to Multi-Million Dollar Fraud SchemesRead the Press Release
SPRINGFIELD, Mo. – A former Aurora, Missouri, business owner pleaded guilty in federal court today to a series of multi-million dollar fraud schemes.
Russell Grundy, 50, of Hilton Head Island, South Carolina, formerly of Aurora, pleaded guilty before U.S. Chief Magistrate Judge David P. Rush to two counts of wire fraud, one count of making a false statement on a loan application, and one count of money laundering.
Grundy was the owner of several companies that focused on advanced technologies, ranging from software development to computer security to addressing the software and hardware technological needs of its clientele. Grundy’s companies included Innovative Objects, LLC, PILR Technology, LLC, Choice Technologies, LLC, Wyerless, LLC, and Audio Input, LLC.
Land O’Lakes/Nutra Blend Fraud Scheme
Grundy (through his company Innovative Objects) was contracted by Land O’Lakes, Inc., and its subsidiary, Nutra Blend, LLC, from January 2004 to Sept. 27, 2015, to create propriety software to inventory, track, and coordinate the disbursement of products. Grundy also contracted with Land O’Lakes and Nutra Blend to provide equipment and technical support for the use, upkeep, and maintenance of the software.
Grundy falsely told Land O’Lakes and Nutra Blend that third party software programs were built into that proprietary software and were essential to the successful operation of the software. Grundy claimed that some of the payments made to Innovative Objects were remitted to third party license holders. In reality, there were no third party licensee fees; instead, Grundy kept those payments for his personal or unrelated expenses.
Land O’Lakes and Nutra Blend paid more than $1.3 million in fraudulent license fees between 2012 and 2015.
Miami Nations Enterprise Fraud Scheme
Grundy engaged Miami Nations Enterprise, a subsidiary company of the Miami Nations Tribe, in negotiations to provide loans and to purchase a controlling interest in all of Grundy’s technology-based companies.
Grundy falsely told Miami Nations Enterprise that his companies had been awarded a $3.5 million contract from Wal-Mart Stores, Inc., to develop and provide information technology services. Grundy presented numerous e-mails, invoices, conditional award letters, and other documents to support his false claims. Miami Nations Enterprise loaned Grundy the money to cover the costs associated with software and hardware purchases and training necessary to obtain the $3.5 million Wal-Mart contract. Grundy admitted today that he instead used those funds for his own personal expenses, including building a new home in Charleston, South Carolina.
On Aug. 24, 2014, Miami Nations Enterprise paid an additional $2 million to purchase a 70 percent interest in Grundy’s companies.
Officials with Miami Nations Enterprise later discovered that neither Grundy nor any of his companies had been awarded any contract with Wal-Mart, and determined that the e-mails, conditional contract award, invoices, and bank deposits Grundy had used to support his claims were fraudulently created.
False Information on Loan Application
Grundy applied for three loans from UMB Bank on Oct. 17, 2014. Grundy specifically admitted that he fraudulently obtained a $5,440,800 loan by providing false information in the loan application.
Grundy falsely claimed that Land O’Lakes had agreed to a 20-year lease for warehouse space that he wanted to build using the loans he sought from the bank. Based on lease agreements provided to UMB Bank officials, Grundy claimed he would receive $18 million in future income.
Grundy admitted that he grossly exaggerated the amount of money to be paid by Land O’Lakes in order to obtain the loans from UMB. Rather than one lease agreement between Grundy and Land O’Lakes to rent the warehouses, there were two lease agreements. One lease agreement was for three years at an amount far less than claimed by Grundy. The second lease agreement was a “month-to-month” lease agreement at an even smaller amount. In reality, the true and accurate leases signed and approved by Land O’Lakes only guaranteed Grundy $540,000 in income.
Under federal statutes, Grundy is subject to a sentence of up to 20 years in federal prison without parole on each of the wire fraud counts, up to 30 years on the false statements count, and up to 10 years on the money laundering 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. Attorneys Patrick Carney and Casey Clark. It was investigated by the FBI and IRS-Criminal Investigation.
Former Atlanta Regional Commission employee pleads guilty to accepting bribesRead the Press Release
ATLANTA - Marc Hannon-White, a former Atlanta Regional Commission employee, pleaded guilty to accepting bribes in exchange for promising to steer federally subsidized students to particular training providers.
“While working at the Atlanta Regional Commission, Hannon-White was supposed to be administering federally funded workforce development programs,” said U.S. Attorney Byung J. “BJay” Pak. “Instead, he solicited and accepted bribes to unjustly enrich himself.”
“Hannon-White bribed workforce training providers to enrich himself. His actions undermined the integrity of federally funded programs intended to aid those with significant barriers to employment find meaningful jobs and careers. We will continue to work with our law enforcement partners to investigate these types of allegations,” said Rafiq Ahmad, Special Agent-in-Charge, Atlanta Region, U.S. Department of Labor, Office of Inspector General.
“The key to public trust is holding public officials accountable for abusing their power for personal gain at the expense of our taxpayers,” said State of Georgia Inspector General Deb Wallace.
According to U.S. Attorney Pak, the charges and other information presented in court: The Workforce Innovation and Opportunity Act (WIOA), and the Workforce Investment Act (WIA), are federal public laws designed to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy.
The Atlanta Regional Commission (ARC) administers WIOA and WIA funds by serving as the administrative agency for the Atlanta Regional Workforce Development Board for the Georgia counties of Cherokee, Clayton, Douglas, Fayette, Gwinnett, Henry, and Rockdale. In this role, ARC oversees federally funded workforce development programs for those seven counties.
Between February 2014 and January 2015, Hannon-White worked for the division of ARC that administered, managed, and staffed those federally funded workforce development programs. During this time, Hannon-White used his position to solicit and accept payments from training providers that received federal funds for each qualified student they trained. In all, more than $15,000 in federal funds were at issue. As detailed in the indictment, Hannon-White arranged some of the bribe payments by text, sending his bank account number to one training provider who then caused money to be deposited into the account in exchange for receiving additional students.
On November 5, 2019, a federal grand jury indicted Marc Hannon-White, 52, of Atlanta, Georgia, for conspiracy to commit bribery, conspiracy to commit extortion, and extortion. Hannon-White pleaded guilty to conspiracy to commit bribery, and is scheduled to be sentenced on May 11, 2020, at 10:00 a.m., before U.S. District Court Judge Thomas W. Thrash, Jr.
The U.S. Department of Labor Office of Inspector General investigated this case with the help of the State of Georgia Office of Inspector General.
Assistant U.S. Attorney Bret R. Hobson is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Five Plead Guilty to Conspiring to Stage Automobile Accidents in Order to Defraud Insurance and Trucking CompaniesRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Peter G. Strasser announced LARRY WILLIAMS (“LARRY WILLIAMS”), age 46, of New Orleans, LUCINDA THOMAS (“THOMAS”), age 63; MARY WADE (“WADE”), age 55; JUDY WILLIAMS (“JUDY WILLIAMS”), age 59; and DASHONTAE YOUNG (“YOUNG”), age 25; all of Houma, Louisiana, entered a plea of guilty today to Conspiracy to Commit Wire Fraud, in violation of Title 18, United States Code, Section 371, arising out of staged automobile accidents with tractor-trailers occurring in New Orleans.
According to today’s guilty pleas, on June 6, 2017, THOMAS, WADE, JUDY WILLIAMS, and YOUNG drove from Houma, LA, to meet with Damian Labeaud (“Labeaud”), for the purpose of staging an automobile accident in order to obtain money through fraud. After their meeting, THOMAS, WADE, JUDY WILLIAMS, and YOUNG agreed to allow Labeaud to drive THOMAS’ 2009 Chevrolet Avalanche vehicle. The defendants then drove around the vicinity of Chef Menteur Highway and Downman Road of New Orleans until they located a 2017 Freightliner tractor-trailer operated by an Arkansas trucking company. At approximately 12:30 P.M., Labeaud intentionally collided with the tractor-trailer. Labeaud then exited THOMAS’ vehicle and instructed THOMAS to get behind the wheel of THOMAS’ Avalanche to make it appear that THOMAS was driving the vehicle at the time of the staged accident.
THOMAS, WADE, JUDY WILLIAMS, and YOUNG contacted the NOPD and falsely reported that THOMAS had been the driver of the Avalanche and that the tractor-trailer had struck her vehicle. Labeaud then returned to the scene and also made false statements to the NOPD that he had witnessed the accident and that the driver of the tractor-trailer had been at fault.
According to documents filed in federal court, before and after the staged accident, Labeaud contacted Attorney A and arranged a meeting with THOMAS, WADE, JUDY WILLIAMS, and YOUNG at a fast food restaurant on Chef Menteur Highway. It is further alleged that Attorney A paid Labeaud $7,500.00 on the day of the staged accident. Attorney A then demanded approximately $1,000,000.00 per plaintiff in settlement for THOMAS, WADE, and JUDY WILLIAMS. Attorney A then filed two lawsuits in CDC. Both of the lawsuits filed in CDC by Attorney A were removed to the U.S. District Court for the Eastern District of Louisiana.
Additionally, Attorney A worried about a telephone call made by WADE to Labeaud prior to the staged accident, and contacted THOMAS and WADE to instruct them to “get their stories straight.” During a subsequent meeting, Attorney A gave Labeaud an envelope containing phone records, pleadings, and depositions establishing THOMAS and WADE lied under oath in their September 13, 2018 depositions. Attorney A then met with THOMAS and WADE at an establishment in Thibodaux where Attorney A suggested to THOMAS and WADE a fraudulent scenario to explain a telephone call from WADE to Labeaud prior to the staged accident. THOMAS, WADE, and JUDY WILLIAMS each admitted to providing false testimony in various depositions taken in conjunction with the lawsuits filed by Attorney A. Ultimately, but only after a year of pursuing their fraudulent lawsuits, did THOMAS, WADE, and JUDY WILLIAMS settle their cases for $7,500.00 each.
Also today, LARRY WILLIAMS, admitted he conspired with Labeaud, Mario Solomon (“Solomon”), and Genetta Isreal (“Isreal”) to stage an accident on June 12, 2017, that occurred on Chef Mentuer Highway near the Danziger Bridge in New Orleans. Labeaud and LARRY WILLIAMS planned to stage an automobile accident to obtain money through fraud. During their planning, Labeaud told LARRY WILLIAMS that he had an attorney who would handle everything. LARRY WILLIAMS recruited Isreal and another individual (now deceased) to participate in the fraudulent scheme. LARRY WILLIAMS then borrowed a Chevrolet Trailblazer, and that Labeaud operated the Trailblazer to collide with a 2015 Peterbilt tractor-trailer. After the staged accident, Labeaud fled the scene and LARRY WILLIAMS got behind the wheel to make it appear that he was operating the Trailblazer during the staged accident. Solomon picked up Labeaud after the staged accident. LARRY WILLIAMS told the New Orleans Police Department (“NOPD”) that he was the driver of the Trailblazer and that the tractor-trailer was at fault. After the staged accident, Labeaud introduced LARRY WILLIAMS and Isreal to Attorney A.
LARRY WILLIAMS and Isreal were treated by doctors and healthcare providers at the direction of Attorney A. Attorney A told LARRY WILLIAMS that he would get more money if he had shoulder surgery. On June 12, 2018, Attorney A’s law partner, Attorney B, filed the Larry Williams Lawsuit in Civil District Court (“CDC”) for the Parish of Orleans and on September 14, 2018, Attorney B demanded approximately $60,000.00 in settlement for the aforementioned deceased individual and approximately $56,155.00 in settlement for Isreal. After the suit was filed, LARRY WILLIAMS and Isreal each provided false testimony in depositions taken in conjunction with the lawsuit filed by Attorney B.
THOMAS, WADE, JUDY WILLIAMS, LARRY WILLIAMS, and YOUNG face a maximum sentence of five (5) years. Upon release from prison, THOMAS, WADE, JUDY WILLIAMS, LARRY WILLIAMS, and YOUNG also face a term of supervised release up to (3) three years, and/or a fine of $250,000 or the greater of twice the gross gain to each defendant or twice the gross loss to any person under Title 18, United States Code, Section 371. Sentencing in this matter is scheduled for May 21, 2020, before U.S. District Judge Eldon Fallon.
The U.S. Attorney’s Office would also like to acknowledge the assistance of the Federal Bureau of Investigation, Louisiana State Police, and the Metropolitan Crime Commission with this matter. The prosecution of this case is being handled by Assistant U.S. Attorney Brian M. Klebba, Supervisor of the Financial Crimes Unit; Assistant U.S. Attorney Edward Rivera; Assistant U.S. Attorney Shirin Hakimzadeh; Assistant U.S. Attorney Maria Carboni, and Trial Attorney Jared Hasten of the U.S. Department of Justice’s Fraud Section, Health Care Fraud Unit.
First Annual Mississippi Human Trafficking Summit Held in JacksonRead the Press Release
Jackson, Miss. – The U.S. Attorney’s Offices for the Southern and Northern Districts of Mississippi and the Mississippi Department of Public Safety presented the first annual Mississippi Human Trafficking Summit today at the Jackson, Mississippi, Convention Center. More than 400 participants, including local, state tribal, and federal law enforcement officers, prosecutors, victim service providers, nonprofits, policy makers and social workers, attended and participating in the Summit.
“Human trafficking is here in Mississippi, and sadly, it is significantly and adversely impacting the lives of many Mississippians,” said U.S. Attorney Hurst. “Our intent with the Mississippi Human Trafficking Council and with this summit is to train and raise awareness among the public, our nonprofits, and our law enforcement in order to prevent future trafficking, rescue and protect victims, and swiftly prosecute these evildoers. The Department of Justice and the U.S. Attorney’s Offices in Mississippi have made combatting this horrific and reprehensible crime one of our highest priorities in order to keep the public safe.”
“Today has been such a powerful and important day in the fight against human trafficking here in Mississippi,” said U.S. Attorney Lamar. “We have seen a large, diverse and committed group of people come together to hear about the work that has been done so far, to celebrate the successes and milestones of those engaged in the fight, and to make plans for combatting human trafficking crimes in our Stare in the future. With the continued and combined efforts of those present and others who are willing to work together, we can make a difference in the lives of victims and combat these heinous crimes that strike at the heart of basic human dignity.”
The Mississippi Human Trafficking Council was formed in September 2019, and is chaired by an Assistant U.S. Attorney from Northern District of Mississippi, an Assistant U.S. Attorney from Southern District of Mississippi, and the Mississippi Human Trafficking Coordinator, who works for the Mississippi Bureau of Investigation at the Mississippi Department of Public Safety. The mission of the Council is to use a victim-centered, collaborative, and multi-disciplinary model to prevent trafficking, protect victims, and prosecute criminals in all forms of domestic and international human trafficking, to include commercial sex trafficking and labor trafficking for the protection of both adult and minor victims.
Today’s Summit began with opening remarks from Mississippi Governor Tate Reeves, Lieutenant Governor Delbert Hosemann, Mississippi Attorney General Lynn Fitch, Colonel Chris Gillard, Assistant Commissioner of the Mississippi Department of Public Safety, Mississippi Band of Choctaw Indians Tribal Chief Cyrus Ben, U.S. Attorney Chad Lamar of the Northern District of Mississippi, and U.S. Attorney Mike Hurst of the Southern District of Mississippi.
Summit attendees also heard from:
- Bill Woolf, Human Trafficking Programs Director at the Office of Justice Programs within the U.S. Department of Justice;
- Alexandra Perron with A21’s Freedom Center in Charlotte, North Carolina, regarding the upcoming Mississippi Human Trafficking Council Billboard Campaign;
- Council Co-Chairs Kathlyn Van Buskirk - Assistant US Attorney, Southern District of MS, Susan Bradley - Deputy Criminal Chief US Attorney, Northern District of MS, and Ashlee Lucas - Statewide Human Trafficking Coordinator, MS Bureau of Investigation
- Council Subcommittee Chairs:
- Outreach and Public Awareness - Chair: Mandy Davis, Chief of Staff, MSDPS
- Strategic Planning and Trafficking Protocol - Chair: Dr. Tamara Hurst, School of Social Work, University of Southern Mississippi
- Policy and Legislation - Co-Chairs: Angela Cockerham, MS House of Representatives; Lora Hunter, General Counsel, MS Department of Public Safety
- Training - Chair: Paula Broome, MS Attorney General’s Office
- Victim Service - Co-Chairs: Hollie Jeffery, Children’s Advocacy Centers of Mississippi; Heather Wagner, Mississippi State Department of Health, Office Against Interpersonal Violence
- A Human Trafficking Survivor
- U.S. Department of Justice Grantees Relating to Human Trafficking:
- Heather Wagner - Grant - Victim Services
- Ashlee Lucas - Grant - Law Enforcement
- Those Involved in Mississippi Initiatives Addressing Human Trafficking:
- Heather Collins - Statewide Human Trafficking Analyst, Mississippi Bureau of Investigation
- Guy Collins - Master Sergeant, Mississippi Bureau of Investigation, Human Trafficking Special Victim’s Unit
- Nick Brown - Hinds County Sheriff’s Office, FBI Task Force Officer
- Mike Hurst - US Attorney, Southern District of Mississippi
- Chad Lamar - US Attorney, Northern District of Mississippi
- Leslie Williams Fisher, Trial Attorney, U.S. Department of Justice, Criminal Division Child Exploitation & Obscenity Section
The Department of Justice continues to fight human trafficking through investigating and prosecuting traffickers, dismantling transnational human trafficking networks, enhancing victim identification and protection of all victims of trafficking, and funding and providing domestic and international anti-trafficking programs. Information on the Department of Justice’s efforts to combat human trafficking can be found here. An update on human trafficking prosecution statistics can be found here.
Information about the Mississippi Human Trafficking Council can be found here.
Federal Jury Convicts Wyoming Man of Distribution of Fentanyl Resulting in DeathRead the Press Release
Anthony Michael Assfy Faces a Mandatory Minimum of Twenty Years in Prison
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Anthony Michael Assfy, 29, of Wyoming, Michigan, was convicted of six federal drug trafficking charges after a three day jury trial. The convictions were for distribution of fentanyl resulting in death, possession with intent to distribute fentanyl and crack cocaine, distribution of heroin and crack cocaine (three counts), and possession with intent to distribute heroin and crack cocaine.
The evidence at trial demonstrated that on August 29, 2018, Assfy sold fentanyl to a Solon Township resident who used the fentanyl, believing it to be heroin, and died. Upon arriving at the overdose scene, detectives from the Kent Area Narcotics Enforcement Team (KANET) found evidence that indicated Assfy was the decedent’s dealer. Law enforcement posed as the decedent to set up a purchase of narcotics from Assfy on August 30, 2018. Assfy arrived at the Grand Rapids deal site and was arrested by law enforcement. In addition to the fentanyl that Assfy intended to deliver to the decedent, law enforcement discovered another 36 grams of fentanyl and nearly 4 grams of crack cocaine concealed on Assfy’s person upon booking him into the Kent County Jail.
After posting bond on his state charges, Assfy continued to deal heroin and crack cocaine until November 2018. He was charged for distributing heroin and crack cocaine to a law enforcement agent on three occasions during this timeframe. On November 13, 2018, law enforcement executed a search warrant on a residence that Assfy used as a deal location. Law enforcement seized another 19 grams of heroin and some crack cocaine, for which Assfy was charged.
"Fentanyl is a powerful synthetic opioid that is 80 – 100 times more potent than morphine and is cheap to produce," said U.S. Attorney Birge. "We are increasingly seeing fentanyl mixed together with heroin or fentanyl being passed off as heroin in our West Michigan communities. Due to fentanyl’s potency, ingestion is often deadly. My office is committed to prosecuting drug dealers that cause deaths to the fullest extent of the law." Anthony Assfy’s sentencing hearing is currently scheduled for June 8, 2020 before Chief Judge Robert J. Jonker. He faces a mandatory minimum term of 20 years and a maximum of life in prison.
This case was investigated by KANET, the Kent County Sheriff’s Department, the
Kentwood Police Department, and the Drug Enforcement Administration. It was prosecuted by Assistant U.S. Attorneys Vito S. Solitro and Joel S. Fauson.
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Erie Man Failed to Register as a Sex Offender as Required by LawRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, pleaded guilty in federal court to a charge of failure to register under SORNA, United States Attorney Scott W. Brady announced today.
David John Banak, 47, pleaded guilty to one count before United States District Judge Susan Paradise Baxter.
In connection with the guilty plea, the court was advised that Banak traveled to Erie, Pennsylvania after absconding from court supervision in Iowa. After arriving in Erie, Banak failed to register as a sex offender as required under the Sex Offender Registration and Notification Act (SORNA).
Judge Baxter scheduled sentencing for May 28, 2020 at 1:30 p.m. The law provides for a total sentence of 10 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 offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The United States Marshal’s Service conducted the investigation that led to the prosecution of Banak.
Elizabeth City Man Sentenced to Imprisonment for Possessing Gun After Spree of Breaking and EnteringsRead the Press Release
RALEIGH — United States Attorney Robert J. Higdon, Jr., announced that today in federal court, Chief United States District Judge Terrence W. Boyle, sentenced TYRESE ANTRON COFIELD, 37, of Elizabeth City to 78 months’ imprisonment, followed by 3 years of supervised release. COFIELD was named in a single-count Indictment on May 9, 2019, charging him with possession of a firearm by a felon. On November 26, 2019, he pled guilty to a single-count Criminal Information charging the same offense.
According to the investigation, in early October 2018, the Elizabeth City Police Department was investigating a string of home and vehicle break-ins that had occurred over the previous several weeks. Detectives reviewed GPS monitoring data from defendant Tyrese COFIELD, who was subject to post-release electronic monitoring from previous breaking and entering (B&E) convictions in state court. COFIELD’s GPS data placed him at the location of numerous break-ins, including 13 open investigations of residential B&E, and seven additional vehicular B&E investigations. The GPS data showed that COFIELD often returned to his residence after visiting the locations of these break-ins.
On October 4, 2018, law enforcement executed a search warrant for COFIELD’s Elizabeth City residence. In COFIELD’s bedroom, they found numerous items that had been reported stolen, including IDs and bank cards belonging to B&E victims. Also in COFIELD’s room, officers found a Taurus 9mm handgun, loaded with one round. Having already sustained over 40 state felony convictions for property, drug, and firearm crimes, COFIELD was prohibited from possessing a firearm.
This case is part of the Project Safe Neighborhoods (PSN Project Safe Neighborhoods (PSN) program. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
That effort has been implemented through the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For more information about this initiative click here: https://www.justice.gov/usao-ednc/tbnc.
The Elizabeth City Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) conducted the investigation. Assistant United States Attorney Jake D. Pugh represented the government.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Dominican National Pleads Guilty in Fraudulent Credit Card, ID Document SchemeRead the Press Release
PROVIDENCE – A Dominican national arrested by Pawtucket Police in June 2018, when he and a fellow Dominican national were found to be in possession of stolen data from 18,000 credit cards along with a large array of equipment and materials used to produce fraudulent identification documents and credit cards, pleaded guilty today in U.S. District Court.
Juan Jose Rodriguez-Castro, 36, and a fellow Dominican national, Wilberd Armando Reyes-Castro, 26, were arrested by Pawtucket Police on June 6, 2018, when officers responded to a 911 emergency call for an armed home invasion in progress at a Pawtucket residence.
According to information presented to the court, upon arrival at the residence, Pawtucket Police detained three individuals as they fled out a rear door. It is alleged that jewelry and a watch belonging to individuals inside the apartment were located on the individuals detained by the officers. Officers then entered the apartment to search for a firearm purportedly used in the robbery.
Inside the apartment, officers encountered Rodriguez-Castro and Reyes-Castro, and observed in the dining room a laptop computer, color printers, a laminating machine, a home-made ATM-style card reader, and American Express signature stickers similar to those used on the backs of credit cards.
A further court-authorized search of the residence resulted in the seizure of seven laptops containing credit card numbers of approximately 18,000 individuals. Also seized was equipment used to steal credit and debit card information at gas pumps, a mobile credit card reader, the inside of an ATM, a photo ID card printer, numerous flip phones, a laminating machine, color printers, numerous flash drives, credit card readers and scanners, blank checks, boxes of identification holograms used to make driver’s licenses from the states of Wyoming, Georgia, Indiana, New Jersey, Louisiana, North Carolina, South Carolina, Kentucky, Mississippi, Ohio, Pennsylvania, Florida, Tennessee and Connecticut, three Dominican passports in the names of other individuals, numerous blank credit cards with chips, and numerous other items commonly used in the creation of fraudulent identification documents and access devices.
Juan Jose Rodriguez-Castro’s guilty plea to conspiracy to commit bank fraud and possession of unauthorized access devices is announced by United States Attorney Aaron L. Weisman, Pawtucket Police Chief Tina Goncalves, and Craig A. Marech, Resident Agent in Charge of the Providence Office of the United States Secret Service.
Rodriguez-Castro is scheduled to be sentenced by U.S. District Court Chief Judge John J. McConnell, Jr., on April 10, 2020.
Wilberd Armando Reyes-Castro pleaded guilty on December 9, 2019, to aggravated identity theft. He is scheduled to be sentenced on March 12, 2020.
The case is being prosecuted by Assistant United States Attorney Lee H. Vilker.
The matter was investigated by the Pawtucket Police Department and the United States Secret Service, with the assistance of Homeland Security Investigations.
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Dominican National Charged with Selling Fentanyl that Led to Victim’s Fatal OverdoseRead the Press Release
BOSTON – A Dominican national was indicted yesterday in federal court in Boston with distributing fentanyl resulting in death.
Bernardito Carvajal, 27, a Dominican national most recently residing in Haverhill, was indicted on one count of distribution of fentanyl and cocaine resulting in death and one count of distribution of fentanyl. On July 31, 2019, Carvajal was arrested and charged by criminal complaint with one count of possession with intent to distribute fentanyl. He has been in custody since that time.
On or about June 12, 2018, Carvajal sold fentanyl and cocaine in Lawrence to a 26-year-old victim, who died of an overdose after using the drugs. Carvajal continued to sell fentanyl after the fatal overdose, including another sale on July 31, 2019.
“The opioid epidemic has inflicted an unprecedented toll of addiction, suffering, and death on our communities,” said United States Attorney Andrew E. Lelling. “And no one knows this better than the dealers victimizing those struggling with addiction. We will aggressively prosecute every single case where we can link a drug dealer to an overdose death.”
“The state of Massachusetts is faced with a fentanyl crisis unlike ever before,” said DEA Special Agent in Charge Brian D. Boyle. “Those responsible for distributing this lethal drug and for contributing to loss of life for those battling this addiction need to be held responsible for their actions. In response to the ongoing opioid epidemic, DEA and its local, state and federal partners are committed to bringing to justice those that distribute this poison.”
The charge of distributing fentanyl resulting in death provides for a mandatory minimum sentence of 20 years and up to life in prison, a minimum of five years of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
The case arose from “Devil’s Highway,” a 10-week coordinated enforcement operation in the Merrimack Valley. The enforcement operation was a coordinated effort by federal, state and local partners to focus on drug distribution activity in the City of Lawrence and between Lawrence and New Hampshire.
U.S. Attorney Lelling, DEA SAC Boyle and Andover Police Chief Patrick Keefe made the announcement. Assistant U.S. Attorneys Elysa Wan and Stephen Hassink of Lelling’s Criminal Division are prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Detroit Heroin Dealer Convicted by Federal Jury on Multiple ChargesRead the Press Release
CHARLESTON, W.Va. – A federal jury found a Detroit, Michigan man guilty of conspiracy to distribute heroin, using and carrying a firearm during the heroin conspiracy, and tampering with a witness, announced United States Attorney Mike Stuart. Curtis Watson, also known as “LOW,” conspired with other drug traffickers from Detroit, Michigan and Charleston, West Virginia, to distribute in excess of 700 grams of heroin in the Southern District of West Virginia.
“I commend the work of law enforcement and my prosecution team for securing the conviction of this dangerous Detroit drug dealer,” said United States Attorney Mike Stuart. “Watson peddled a significant amount of heroin throughout southern West Virginia for which he is now being held accountable.”
Watson supplied a residence in the Hernshaw area with a substantial amount of heroin, which would then be sold to drug addicts and dealers. Shortly after the conspiracy began, Watson was losing money and he enlisted other Detroit drug traffickers to travel to West Virginia and sell more heroin. Watson would provide these Detroit drug dealers with firearms to protect the heroin. Upwards of $40,000 was being made in a given day at this residence. One witness described the house similar to a fast-food restaurant. Another witness described selling drugs out of the house from sun up to sunset.
Watson’s conspiracy ended on November 17, 2017, when the Kanawha County Sheriff’s Department responded to the Hernshaw residence because of the drug trafficking activity. Prior to law enforcement arriving, Watson dropped off more heroin and a Hi-Point firearm, and left the area.
After a federal grand jury indicted Watson on November 27, 2018, his first jury trial was scheduled on August 12, 2019. On the day the trial was set to begin, a cooperating witness was threatened by Watson because the witness was coopering with the government. When Watson saw the witness at the federal courthouse, he yelled at the witness, “I got you! I got you!” After the encounter with Watson, the witness became concerned for their safety and was afraid to testify. Subsequently, the federal grand jury returned a superseding indictment against Watson on September 18, 2019, adding a charge for tampering with a witness.
Watson faces mandatory five years and up to life in prison on the firearm offense which, by law, must be served consecutive to the other offenses. He faces mandatory five years and up to forty years on the conspiracy to distribute heroin in excess of 100 grams. Lastly, he faces up to twenty years on the tampering with a witness offense. At a minimum, Watson faces a mandatory minimum of ten years to life in federal prison when he is sentenced in June 2020.
The Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Marshals Service, the Drug Enforcement Administration (DEA), the U.S. 119 Drug and Violent Crime Task Force, the West Virginia State Police, and the Kanawha County Sheriff’s Department conducted the investigation. United States District Judge Irene C. Berger presided over the trial. Assistant United States Attorneys Ryan A. Saunders and Nowles H. Heinrich handled the prosecution.
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Department of Justice, EPA and the State of California Clean Air Act Settlement with Kohler Co. will Reduce Emissions by 3,600 TonsRead the Press Release
Today, the Department of Justice, Environmental Protection Agency (EPA) and the state of California announced a settlement with Kohler Co. (Kohler) resolving alleged violations of the Clean Air Act and California law. Under the terms of the settlement, Kohler will retire unlawfully generated hydrocarbon (HC) and oxides of nitrogen (NOx) emission credits. Retirement of these credits will result in approximately 3,600 tons of HC and NOx emissions reductions. In addition, the company will pay a $20 million civil penalty.
The violations pertain to Kohler’s manufacture and sale of millions of small, nonroad, nonhandheld spark-ignition (small SI) engines that did not conform to the certification applications Kohler was required to submit to the EPA and the California Air Resources Board (CARB). More than 144,000 of the engines were also equipped with a fueling strategy designed to cheat emissions testing standards (commonly referred to as a “defeat device”). Small SI engines are used in lawn mowers, ride-on mowers, commercial landscaping equipment, and generators.
“Today’s settlement holds Kohler accountable for flouting federal law, and evens the playing field for others in the regulated community who invest in compliance programs designed to prevent illegal and harmful emissions to the air,” said Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division. “This settlement is the result of the Justice Department’s and the EPA’s aggressive investigation of actors who thwart the emissions testing regime, and recognizes that Kohler self-reported some violations and cooperated with the government’s investigation.”
“We applaud the significant results of the work done by the partnership of the DOJ, EPA and CARB in this case,” said U.S. Attorney David L. Anderson of the Northern District of California. “With this successful state and federal cooperation, we can now breathe a sigh of relief that our air quality is being protected. Once again, the results have proved that we all are safer, and we are all better off, when we work together.”
“Today’s settlement will reduce air pollutants by 3,600 tons and require Kohler to implement procedures to help ensure future compliance with environmental regulations,” said EPA Assistant Administrator for Enforcement and Compliance Assurance Susan Bodine. “The settlement also sends a clear message that EPA will investigate and hold responsible those who seek to illegally circumvent engine emission requirements.”
“One of EPA’s top priorities is preventing vehicle and engine manufacturers from selling products that circumvent emissions requirements,” said EPA Pacific Southwest Regional Administrator Mike Stoker. “Today’s precedent setting settlement sends an unequivocal message to all types of engine manufacturers—from manufacturers of heavy-duty highway engines to manufacturers of small nonroad engines like those at issue in this settlement—that EPA will vigorously investigate and bring companies into compliance to reduce pollution and protect public health.”
“Kohler voluntarily disclosed some of the violations, mitigated the emissions, and agreed to new procedures to ensure future compliance,” said CARB Executive Officer Richard W. Corey. “In addition, Kohler will be funding an innovative program to supply free ultra-clean solar-powered generators to low-income Californians who live in areas that are subject to more frequent utility power outages. The solar-powered generators are capable of running refrigerators or lights, helping ease the impacts of power outages to those affected.”
In December 2015, Kohler self-disclosed to EPA and the CARB that it had been using the wrong test cycle to test many of its small SI engines. EPA and CARB’s subsequent investigation revealed that millions of additional small SI engines were noncompliant.
Examples of additional noncompliance that was discovered include:
- Not fully complying with the test procedures Kohler certified to;
- Failing to comply with the applicable emission limits;
- Failing to age emission-related components for deterioration factor testing;
- Failing to disclose auxiliary emission control devices and adjustable parameters equipped on the engines;
- Making changes to production engines without amending the certification application covering those engines; and
- Failing to comply with the applicable production line testing requirements.
The defeat device Kohler developed and deployed on at least 144,000 electronic fuel-injected small SI engines significantly reduced NOx emissions during certification testing when compared to real-world operation (i.e., ran rich during certification testing but lean during in-use operation). The fueling strategy in the calibration was not disclosed in Kohler’s certification applications and Kohler was aware that the fueling strategy was designed to reduce NOx emissions during certification testing even though the certification results were not representative of real-world operation.
In addition to paying a $20 million civil penalty and retiring HC and NOx emission credits, Kohler has already taken the following steps to prevent future violations. The company has established an independent environmental regulatory compliance team, conducts annual compliance training for engine division employees, and maintains an employee code of conduct and an ethics helpline for employees to report noncompliance. Kohler will convene semiannual meetings with all engine division managers and regulatory personnel to discuss compliance with applicable regulatory requirements and the settlement. Kohler must also conduct annual audits and implement an emissions testing validation plan that includes third-party observation and emissions verification testing. Kohler estimates the compliance measures will cost approximately $3.7 million.
In a separate settlement agreement resolving California-only claims, Kohler will pay an additional $200,000 civil penalty and will fund a program that will supply $1.8 million worth of solar-battery generators to low-income residents in California that live in areas subject to public safety power shutoffs to mitigate wildfire risk.
The proposed settlements, lodged in the U.S. District Court for the Northern District of California, are subject to final court approval. The settlement among the United States, California and Kohler is also subject to a 30-day public comment period. Information on submitting comments is available at https://www.justice.gov/enrd/consent-decrees.
To learn more about this settlement, visit https://www.epa.gov/enforcement/kohler-co-clean-air-act-civil-settlement-information-sheet.
Members of the public can help protect our environment by identifying and reporting environmental violations. Learn more here: https://www.epa.gov/enforcement/report-environmental-violation-general-information.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Department of Justice to Hold Workshop on Section 230 of the Communications Decency ActRead the Press Release
The Department of Justice will hold a public workshop in Washington, D.C. on Feb. 19, 2020, titled “Section 230 – Nurturing Innovation or Fostering Unaccountability?,” to discuss Section 230 of the Communications Decency Act of 1996, its expansive interpretation by the courts, its impact on the American people and business community, and whether improvements to the law should be made.
Drafted nearly 25 years ago in the early years of the internet to protect online businesses in their incipiency, Section 230 limited certain liabilities for interactive computer service providers for third-party content on their platforms. Courts have interpreted the scope of Section 230 broadly, leaving a wide array of online activity immune from lawsuits. Now that the industry has matured, valid questions have been raised regarding the broad scope of Section 230 and whether the immunity is still required in its current form.
Proponents claim that Section 230 immunity led to the flourishing of the internet and the creation of the online ecosystem we see today. Opponents, on the other hand, believe that the broad interpretation of Section 230 has prevented solutions to a variety of problems that continue to proliferate to the detriment of victims, law enforcement, and civil discourse. The Justice Department intends to examine these issues and identify and discuss potential solutions.
The workshop is free and open to the public, and will be held in the FBI Auditorium, 935 Pennsylvania Ave NW, Washington, D.C. 20535, from 9 a.m. Eastern Time to 12:45 p.m. Eastern Time. If you are interested in attending, please register at https://www.justice.gov/ag/webform/section-230-workshop-registration by Feb. 9, 2020. As seating is limited, invitations to attend will be sent to registered participants on a first-come, first-served basis. Members of the press should also email [email protected].
Following the public workshop, the Justice Department will invite stakeholders with diverse perspectives for private listening sessions and roundtables to seek additional input and discuss the problems, benefits, and potential improvements to Section 230. The department will publish readouts on the various perspectives and debate from those meetings.
Reasonable accommodations for people with disabilities are available upon request. If you need such an accommodation, please contact the department by sending an email to [email protected]. Such requests should include a detailed description of the accommodations needed and a way to contact you if we need more information.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Delaware U.S. Attorney's Office Collects $9,560,696.85 for U.S. Taxpayers and Victims in Fiscal Year 2019Read the Press Release
WILMINGTON, Del. – United States Attorney David C. Weiss announced today that the U.S. Attorney’s Office for the District of Delaware collected $9,560,696.85 in criminal and civil actions during fiscal year 2019, which ended September 30th. Of that amount, $6,337,256.91 was collected through civil actions and $3,223,439.94 stemmed from fines and restitution ordered as part of criminal convictions.
Two cases that generated significant collection efforts include U.S. v. Zahid Aslam and U.S. v. Navimax Corp., both generating $3,070,000 and $2,000,000 respectively.
“This year’s substantial recovery is a direct result of increased collaboration and cooperation between my Office and our federal, state and local partners,” said U.S. Attorney Weiss. “As prosecutors, our work does not end with a conviction in a criminal case or a settlement or judgment in a civil case. As the numbers demonstrate, we work diligently to facilitate collection of civil debts and thereby ensure financial justice for crime victims.”
The U.S. Attorneys’ Offices, along with the U.S. Department of Justice’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims’ Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
FY 2019 collections include recovery of government money lost to criminal fraud, environmental crimes, and other misconduct and recovery of money lost by victims as a result of individual and corporate misconduct. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Internal Revenue Service, and the Department of Education.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the District of Delaware.
Defendants sentenced for arranging and participating in fraudulent marriages to deceive immigration officialsRead the Press Release
ATLANTA - Yuly Cesar Perez-Sale is the last of 31 defendants to be sentenced in connection with four-related indictments alleging marriage fraud and other immigration offenses concerning fraudulent marriages between Cuban nationals and United States citizens, and undocumented aliens from the countries of Honduras, Mexico, Uruguay, Brazil, Peru, and Venezuela.
“These defendants attempted to thwart the immigration laws of the United States by operating and participating in a fraudulent marriage factory,” said U.S. Attorney Byung J. “BJay” Pak. “Some of the defendants abused the law that allowed them as Cuban nationals to remain legally in this country. Thanks to the diligence and multi-state investigation of Homeland Security Investigation special agents, these defendants have been successfully prosecuted and, where applicable, deported.”
“Marriage fraud undermines the integrity of this nation’s immigration system”, said acting Special Agent in Charge Robert Hammer, who oversees HSI operations in Georgia and Alabama. “This multi-year investigation, led by HSI Atlanta’s Document and Benefit Fraud Task Force, is a testament to the tenacity of the task force who worked for years to see through the house of lies these “couples” built through fraud and illegal payments.”
According to U.S. Attorney Pak, the charges and other information presented in court: In November 2013, U.S. States Citizenship and Immigration Services (USCIS) and Homeland Security Investigations (HSI) in Atlanta, Georgia, began investigating a marriage fraud scheme involving undocumented aliens entering into fraudulent marriages with Cuban nationals, and U.S. citizens, to illegally gain immigration status in the United States.
Beginning in February 2001, and continuing through December 2016, the primary organizers of the scheme, Carolina Chow, Betiluz Suarez, Teodoro Gonzalez-Bonora, Marzuella Hernandez, and Jorge Morales-Amador, recruited and paid Cuban nationals and U.S. citizens to marry the illegal aliens. The illegal aliens then agreed to pay either Chow, Suarez, Gonzalez-Bonora, Marzuella Hernandez, or Morales-Amador as much as $20,000 to find and arrange a marriage with a Cuban national or U.S. citizen.
Once the fraudulent marriage was arranged, these defendants scheduled meetings between the aliens and their purported spouses. During the meetings, the aliens were informed about the price for the marriage, the date of payment, and how to answer questions posed to them by immigration officials.
In the course of investigating this large-scale criminal operation, the lead HSI case agents traveled all over the U.S., locating targets of the investigation and developing evidence to support these prosecutions. In all, the four indictments returned by a grand jury resulted in guilty pleas by and convictions for the following defendants on the dates below:
Case I – United States v. Carolina Chow et. al. –
- Alfredo Romero-Hernandez, 56, of Atlanta, Georgia, Conspiracy to Defraud the United States. Convicted April 10, 2019;
- Lidia Pico-Guzman, 47, of Beaumont, Texas., Immigration Document Fraud. Convicted April 9, 2019;
- Isandra Perez-Batista, 49, of Amarillo, Texas, Immigration Document Fraud. Convicted October 18, 2018;
- Carolina Chow, 47, of Atlanta, Georgia, Conspiracy to Defraud the United States and Improper Entry by Alien. Convicted September 19, 2018;
- Juan Del Toro Peligrino, 51, of Houston, Texas, Alien Harboring and Immigration Document Fraud. Convicted May 15, 2018.
- Margida Reyna Ruiz, 59, of Houston, Texas, Conspiracy to Defraud the United States. Convicted April 24, 2018;
- Yoanka Matos, 34, of Jacksonville, Florida, Alien Harboring. Convicted April 24, 2018;
- Josvany Perez-Lopez, 44, of Houston, Texas, Alien harboring and Immigration Document Fraud. Convicted November 15, 2017;
- Dagnay Rivera Nunez, 42, of Miami, Florida, Harboring Aliens. Convicted November 13, 2017;
- Nuria Chabeco-Mustelier, 51, of Houston, Texas, Conspiracy to Defraud the United States, Alien Harboring, and Immigration Document Fraud. Convicted November 13, 2017;
- Francisco Castellano-Arjona, 42, of Miami, Florida, Immigration Document Fraud. Convicted November 2, 2017;
- Teodoro Gonzalez Bonora, a/k/a Teo, 49, of Atlanta, Georgia, Alien Harboring and Immigration Document Fraud. Convicted August 9, 2017; and
- Anibal Valdes, 28, of Houston, Texas, Alien Harboring and Immigration Document Fraud. Convicted June 27, 2017.
Case II – United States v. Jorge Morales-Amador et. al. –
- Lourdes Guerra-Mendez, 49, of Atlanta, Georgia, Marriage Fraud. Convicted April 2, 2018;
- Jorge Morales-Amador, 50, of Ft. Pierce, Florida, Conspiracy to Defraud the United States and Marriage Fraud. Convicted March 13, 2018;
- Janelle Berry, 25, of Atlanta, Georgia, Marriage Fraud. Convicted October 24, 2017;
- Lamesha Sheppard, 28, of Atlanta, Georgia, Conspiracy to Defraud the United States and Marriage Fraud. Convicted September 28, 2017; and
- Susset De La Torres, 40, of Atlanta, Georgia, - Marriage Fraud and Alien Harboring. Convicted May 3, 2017.
Case III – United States v. Betiluz Suarez et. al. –- Alexander Alayo, 47, of Miami, Florida, Conspiracy to Defraud the United States. Convicted January 4, 2018;
- Betiluz Suarez, 51, of Atlanta, Georgia, Alien Harboring. Convicted December 20, 2017; and
- Jose F. Polanco, 40, of Atlanta, Georgia, Alien Harboring. Convicted December 18, 2017.
Case IV: United States v. Maruzella Hernandez et. al. –- Miriam Martinez-Pol, 53, of Houston, Texas, Conspiracy to Defraud the United States. Convicted March 21, 2018;
- Lazaro Machin, 54, of San Antonio, Texas, Alien Harboring and Immigration Document Fraud. Convicted February 20, 2018;
- Ofelia Astiazarain-Cabrera, 55, of Houston, Texas, Alien Harboring. Convicted February 20, 2018;
- Mercedes Acevedo-Alonso, 35, of Tampa, Florida, Alien Harboring and Immigration Document Fraud. Convicted February 15, 2018;
- Maruzella Hernandez, 51, of Atlanta, Georgia, Conspiracy to Defraud the United States and Alien Harboring. Convicted February 14, 2018;
- Yosvany Mendoza-Gonzalez, 49, of Austin, Texas, Alien Harboring. Convicted November 28, 2017;
- Jose Antonio Polanco-Penalver, 49, of Atlanta, Georgia, Conspiracy to Defraud the United States and Alien Harboring. Convicted September 27, 2017; and
- Mayelis Hernandez-Almenares, 41, of Atlanta, Georgia, Alien Harboring and Immigration Document Fraud. Convicted September 6, 2017.
Yuly Cesar Perez-Sale, 52, of Miami, Florida, was sentenced by U.S. District Judge Eleanor L. Ross. Perez-Sale pleaded guilty on October 16, 2019, to the offenses of Conspiracy to Defraud the United States and Alien Harboring.
The U.S. Immigration and Customs Enforcement’s Homeland Security Investigations investigated these cases.Assistant U.S. Attorneys Stephanie Gabay-Smith, Mary Webb, and Richard S. Moultrie, Jr., Chief of the Violent Crime & National Security Section, prosecuted the cases.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.Dallas Charter School CEO Convicted in Kickback Scheme Sentenced to 7+ YearsRead the Press Release
A Dallas charter school CEO was sentenced Thursday to more than seven years in federal prison for her role in a corruption scandal following an investigation by the FBI Dallas Field Office, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
In October, a federal jury deliberated for just four hours before finding Nova Academy CEO Donna H. Woods, 65, guilty of one count of conspiracy to commit mail and wire fraud, and three individual counts of wire fraud.
U.S. District Judge Sidney A. Fitzwater sentenced her Thursday morning to 87 months in federal prison and ordered her to pay $337,951.06 in restitution to the Federal Communications Commission.
Woods’s co-conspirator, Donatus Anyanwu, 61, pleaded guilty to conspiracy in July. Judge Fitzwater sentenced him to 30 months in prison and declared him jointly and severally liable for the restitution owed to the FCC Thursday.
According to evidence presented at trial, Ms. Woods approved the granting of a federal telecommunications E-rate contract, worth approximately $337,951, to ADI Engineering, a company owned by Dr. Anyanwu. In return for the E-rate contract, Anyanwu paid Woods $50,000 in kickbacks.
When the charter school initially selected another contractor for E-rate, prosecutors explained, Ms. Woods filed a falsified E-rate application re-directing the contract to ADI – despite the company’s shoddy record. To ensure that ADI’s bid was accepted by E-rate program managers, Ms. Woods also allowed Dr. Anyanwu to copy portions of the original winning bid and pass off the work as his own.
Then, when, ADI botched the E-rate job, Ms. Woods falsely certified that it had completed the work when it had not.
The Federal Bureau of Investigation’s Dallas Field Office and Federal Communications Commission Office of Inspector General conducted the investigation. U.S. Attorneys Russ Fusco and Nick Bunch prosecuted the case. Senior U.S. District Judge Sidney A. Fitzwater presided over the trial.
Creating a Philadelphia That’s Ready for Tomorrow: Remarks by U.S. Attorney McSwain to the Philadelphia Chamber of CommerceRead the Press Release
PHILADELPHIA – On December 19, 2019, United States Attorney William M. McSwain addressed the Board Meeting of the Philadelphia Chamber of Commerce. He discussed the priorities that he has set for the U.S. Attorney’s Office during his tenure, including those with a direct impact on the Philadelphia business community, such as anti-corruption and anti-violent crime efforts. He also detailed some of his corresponding outreach to different communities in the Eastern District of Pennsylvania. Finally, he shared his hopes for the City’s future. U.S. Attorney McSwain was introduced by the Chamber President, Independence Blue Cross CEO Daniel J. Hilferty. U.S. Attorney McSwain’s remarks as prepared for delivery are below.
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Thank you, Dan, for that kind introduction and for the invitation to be here today. I would also like to thank Rob Wonderling for extending the invitation. There are two senior members of my executive team here this morning that I wanted to acknowledge – Clare Putnam Pozos and Alison Kehner. Thank you both for your outstanding leadership and for joining me today.
First, I wanted to give you a bit of background. The United States Attorney’s Office for the Eastern District of Pennsylvania is one of 94 field offices of the United States Department of Justice. Each field office has a presidentially appointed United States Attorney who serves as the chief federal law enforcement officer for the District. I was nominated by the President in December 2017, confirmed by the Senate in March 2018, and sworn into office on April 6, 2018. My Office is one of the largest U.S. Attorney’s Offices in the country, with about 140 Assistant U.S. Attorneys (100+ in Criminal Division, 30+ in Civil Division). We serve a population of over 5 million and cover a geographic area of roughly 4,700 square miles across nine counties in southeastern Pennsylvania – Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton, and Philadelphia counties.
When I first became U.S. Attorney, I set two strategic goals for the Office: (1) to increase productivity within the Office and (2) to increase transparency with the community. Over the previous decade, productivity had been in a steady decline in terms of the number of criminal prosecutions pursued and the number of defendants charged. I pledged to reverse that trend and to aggressively prosecute those who violate federal law in this District, no matter who those offenders are. I am pleased to announce that our efforts have been successful: our Criminal Division logged 669 prosecutions in fiscal year 2019 (ending on September 30, 2019), up from 478 in the previous fiscal year. That is a 40 percent increase in the number of criminal cases filed in this District and represents the highest number of cases charged by the Office in the last nine years. Similarly, the number of defendants indicted in fiscal 2019 – another measure of Office productivity and case complexity – has seen a significant increase. We charged 894 defendants this past year, up from only 599 in fiscal year 2018, which is a 49 percent increase.
Similarly, the Civil Division’s productivity is the highest it has been in years, and the number of civil cases the Office is proactively pursuing is on the rise. In the past year, our Office recovered over $123 million in civil settlements in 50 cases against companies accused of committing fraud, waste, or abuse against the government. And we have the most new case openings and affirmative civil enforcement investigations in our pipeline in the Office’s history.
We have also had success in increasing transparency with the community. I created a new unit, the Office of Public Affairs and External Engagement (OPAEE). The mission of that unit is to promote transparency and information-sharing with the community, foster relationships with law enforcement stakeholders and the public, and work with community groups on deterrence initiatives and crime prevention. Why was this so important to me? It is my firm belief that the citizens of this District have a right to know about the types of cases we bring and how our resources are allocated. One of my core values is accountability, and it is reflected in our increased transparency.
I also want it to be more difficult for criminals to commit crimes. I want to educate the community about how residents can best work with law enforcement and protect themselves. If we prosecute a case and no one ever hears about it, it will only directly affect the defendants and their loved ones, the victims and their loves ones, and those involved in the judicial process. But if prosecuting that same case could serve as a deterrent to others thinking about engaging in similar conduct, or educate law-abiding citizens about best practices, it is all the better to get the message out there.
As federal prosecutors, we spend a lot of time in the office, with defense counsel, and in the courtroom. But I wanted to expand our reach. I see a lot of familiar faces in the room, and there is a good reason for that. As many of you know, my Senior Advisor Clare Pozos and I have visited dozens of organizations over the past six months. We have traveled not only all over Philadelphia, but throughout the nine counties of the Eastern District, to businesses in Allentown and Reading and Malvern, and everywhere in between. We wanted to introduce ourselves to the community and explain our priorities. We wanted to highlight the good work that our Office is doing every day. And, importantly, we wanted to hear what was on your mind. What were your biggest concerns when it comes to the Department of Justice, to law enforcement, and to the safety of both your employees and your organization as a whole? In short, what keeps you up at night?
One such issue is cybersecurity. Everyone we’ve met with has mentioned it as one of their top priorities and concerns. But the response to cybersecurity fears and even incidents seemed to vary. Some individuals mentioned that they were not sure they’d ever want to call the FBI or the U.S Attorney’s Office about a hack or a ransomware attack because they would never want to go through a public trial, or perhaps they were worried that 50 FBI agents would suddenly show up on their company doorstep in riot gear. When we explained that the overwhelming majority of investigations and cases never go to trial, and that we can work with you to keep things as quiet as possible, many people were ready to reevaluate. Meanwhile, others mentioned that they have always been open to reaching out to us, but were unclear about whom to call, when to call, and what to reasonably expect from the call.
As a result, we acted right away. We want to make it as clear and as easy as possible for you to work on cybersecurity issues with the federal government. Thus, in November, we partnered with the FBI to hold a Federal CyberSecurity Conference at the National Constitution Center and invited everyone we met during our outreach, plus many more. We had over 150 attendees from the greater Philadelphia area, and we were able to explain to people – including employees from your organizations – how we work with individuals and corporations on keeping their data and their computer systems safe from harm. Our hope is that with outreach such as this, we are empowering the community with the knowledge and information to be safer and more secure.
It was satisfying to be able to provide that kind of service and support when we saw a need. But of course cybersecurity was not the only issue that came up during our meetings. Two additional issues were continually raised at our meetings with Philadelphia-based organizations: (1) the prevalence of violent crime on our City streets, and (2) the continued existence and pervasiveness of public corruption. I would like to address both of these issues.
I am going to tell you something that many of you already know: Philadelphia is not safe. The federal government is working hard to keep you, your families, and your employees safe from harm. But in my view, not everyone in local Philadelphia government shares this goal. In 2018, which was District Attorney Larry Krasner’s first year in office, Philadelphia endured 351 homicides, the most in over a decade, and an 11% increase as compared to 2017. There were 1,365 shooting victims in the City in 2018, the most since 2011, also an 11% increase as compared to 2017. And although this year is not quite over, the situation is no less grim. According to Philadelphia Police Department statistics, as of December 11, 2019, there have been 338 homicides this year to date, which is a 3% increase as compared to the total homicide rate on that same date last year. The Philadelphia Inquirer recently wrote about the murder of a 16-year old girl, Ceani Smalls, who was simply getting off the bus in North Philadelphia earlier this month, noting that she was the 106th child to be shot in Philadelphia in 2019 alone.
As many of you in this room may remember, Philadelphia in the 1970s and 1980s was not safe. For example, leaders of organized crime families including Nicodermo “Little Nicky” Scarfo, Giovanni Stanfa, and Joseph “Skinny Joey” Merlino had a penchant for violence, taking over parts of the City block by block with extortion, racketeering, narcotics trafficking, and murder. Manufacturing was collapsing and the population was falling. Many were moving out of the City to the suburbs and beyond. Crime spiked. Abandoned buildings, empty lots, and graffiti proliferated. You could not walk down the street without being confronted with trash-strewn sidewalks. As I was growing up in Chester County, Philadelphia sometimes seemed to me less like a destination and more like a place to avoid if you could.
The Philadelphia of today looks different from that, thanks in part to strong leadership from the Mayor’s Office during the 1990s and early 2000s. From 1992 until 2000, Ed Rendell, to his credit, changed the future of the City, with The New York Times labeling his work “the most stunning turnaround in recent urban history.” Mayors Street and Nutter oversaw Philadelphia in its new prime. By 2011, census data revealed that Philadelphia had achieved its first confirmed population growth in 60 years. And growth continues. Developers are breaking ground on skyscrapers, and economic development is something that is a reality instead of a pipedream. National retailers, restaurants, and other businesses have populated streets that used to be overrun by crime. People are flocking to our world class institutions of higher learning – Penn, Temple, Drexel, and more – and importantly, they are choosing to stay here, find jobs, and raise a family. This is the Philadelphia of tomorrow that we want to create: one of economic growth and prosperity, safe from violence and corruption.
This change did not happen overnight, and it did not happen by accident. The success of this City is powered by individuals like you and by successful and growing businesses. And Philadelphia will be a world-class city only if everyone in it has an opportunity to thrive. But that kind of growth and success is not possible if our streets are not safe. It is not possible if the City is subjected to the worst excesses of a District Attorney who in fact knows very little about law enforcement – and what’s worse, does not care to know. Here is the clear-eyed truth: the only way to effectively deter homicide and other violent crime is to put fear into the hearts of those who would commit such atrocities – fear of the law enforcement consequences. The Philadelphia District Attorney’s Office isn’t putting fear into the hearts of anybody who is contemplating a life of violent crime.
Ceani Smalls should never have been in danger of being shot and killed while getting off a bus. She should have been given the opportunity to grow up in an environment that enabled her to flourish and reach her full potential. Every child in Philadelphia should have the opportunity to grow up in a safe neighborhood. I do not believe that that opportunity is being provided under the current City leadership, nor is it a priority. It certainly is not a priority of the District Attorney.
My Office, however, is doing everything that we can to pick up the slack. The Violent Crime unit in my Office charged the largest number of cases last year of all the units in the Office. Of the 669 total cases charged this past year, the Violent Crime unit charged nearly 1/3 of them. It charged a whopping 208 cases as compared to 136 in fiscal year 2018. That is a 53% increase in just one year.
And as part of the U.S. Justice Department’s national reinvigoration of its Project Safe Neighborhoods program, we have put additional resources into the Violent Crime unit to step up enforcement efforts in our PSN target districts, many of which are in Philadelphia. In fiscal year 2019, of the 208 violent crime cases charged, 143 are from PSN districts. And we intend to continue this upward trend in the upcoming year because Philadelphia is counting on us.
Given the circumstances, it must also be part of our strategy that if we believe that the DA’s Office has badly mishandled a major case, we will consider stepping in and righting the wrong if we have federal jurisdiction. For example, when Jovaun Patterson shot Philadelphia shop owner, Li (“Mike”) Poeng, with an assault rifle during an attempted robbery of Mr. Poeng’s convenience store in South Philly on May 5, 2018, the Philadelphia District Attorney’s Office originally charged Patterson with multiple crimes, including attempted murder and aggravated assault, but then dropped the attempted murder charges and agreed to an overly lenient plea deal of 3 ½ to 10 years imprisonment. As a result of this shooting, Mr. Poeng is confined to a wheelchair, and the District Attorney’s Office did not even have the decency (a decency which, by the way, is mandated by state law) to notify Mr. Poeng when they made this outrageously low offer.
This was a case that we could take, and so we did. In February, my Office charged Patterson with one count of attempted robbery which interferes with interstate commerce, and one count of using, carrying and discharging a firearm during and in relation to a crime of violence. On the gun charge alone, Patterson faces a statutory maximum of life imprisonment and a statutory minimum of 10 years’ imprisonment, which must run consecutively to any other sentence imposed on the attempted robbery count. This week, in federal court, Patterson pleaded guilty to all charges and currently is awaiting sentencing in the custody of federal prison.
We will continue to prosecute these kinds of cases whenever possible in order to preserve the promise of Philadelphia’s future. I do not want the Philadelphia of tomorrow to backslide into the Philadelphia of the 1980s, or the Baltimore, MD or Newark, NJ of today. Philadelphia should be a city where an educated workforce want to remain, where businesses open their doors, and where families want to stay and raise their children.
Safe streets alone, however, are not enough for Philadelphia to prosper. Safety from violent crime goes hand-in-hand with ethical and law-abiding public servants leading the City. Citizens will be more likely to live here and start a family if they do not have to worry about their children getting shot on their way to school. But businesses won’t open if, at every turn, the owner has to pay a bribe to get a permit or make a donation to some public official’s phony charity. There should be no corruption tax to live and work in the City of Philadelphia. But too often, there is. Too often in this City, our public officials lack a sense of shame – they believe that their positions exist to enrich themselves rather than to serve the public.
The examples of corruption are, sadly, all around us. Just this month, West Philadelphia State Representative Movita Johnson-Harrell, who was the former head of the Victim Witness Services Unit for District Attorney Krasner, was charged with stealing more than half a million dollars from a nonprofit to fund a lavish lifestyle, including fur coats, family vacations, and designer clothes. Johnson-Harrell, who has now resigned in disgrace, was only elected on March 12th of this year in a special election. And why was there a special election? It was to replace former State Representative Vanessa Lowery Brown, who also had to resign in disgrace after being convicted of accepting $4,000 in cash bribes from an FBI informant. It makes you wonder how long West Philadelphia will have to wait to be represented by someone who is not corrupt.
These problems are not limited to one neighborhood, however; they are citywide. Former District Attorney Seth Williams pleaded guilty in the middle of his federal public corruption trial and received a five year prison sentence. Former Congressman Chaka Fattah is also in federal prison, after being convicted at trial in June 2016 for racketeering, bribery, bank fraud, mail fraud, money laundering, and falsifying records. He will be in federal prison until October 2025. Mr. Fattah is held at the same prison as his son, Chaka Fattah Jr., who was also prosecuted by my Office for a multitude of fraudulent schemes.
Renee Tartaglione is currently serving her federal sentence for operating a fraudulent addiction and mental health nonprofit from which she skimmed more than $2 million to enrich herself. Let’s not forget former State Senator Vince Fumo, who finished his four years in federal prison after having been convicted of a staggering 137 counts of corruption, conspiracy, and fraud.
Then there’s former Philadelphia Sheriff John Green, the City’s longest-serving sheriff, who is serving a five year prison sentence for accepting hundreds of thousands of dollars in bribes for awarding millions of dollars of city work to a friend.
And then there is the biggest case of them all. Earlier this year, my Office charged union leader John Dougherty, current Philadelphia City Councilman and Democratic Majority Leader Robert Henon, and six other individuals in a 116-count Indictment involving a multitude of federal crimes, including embezzlement, wire fraud, and public corruption. As a reminder, an indictment is only an accusation, and every defendant is presumed innocent unless and until proven guilty. But the allegations here are stunning. The Indictment alleges that Dougherty and others used many thousands of Local 98 dollars that were recorded as scholarships and charity donations meant for many, and instead spent that money on providing a lavish lifestyle for a select few. For example, according to the Indictment, thousands of dollars in Boyd’s gift cards were falsely reported to the union as a purchase for “Gift cards for Scholarship Banquet.” Thousands of dollars spent on meals for Dougherty and his friends and family became attributed instead to things like a “rehabilitative Local 98 member assistance program” and “Toys and Turkeys (for food baskets).” Dougherty allegedly placed family members on the payroll and paid them thousands of dollars for union work, even when these family members were in fact on vacation, attending school full-time, or otherwise not engaged in work for Local 98.
The Indictment goes on to allege that Dougherty and Councilman Henon had an illegal quid pro quo relationship, with Henon stating to Dougherty at one point that “I don’t give a f*** about anybody, all right, but f***ing you and us, and you know that.” Yes, those are the words of your City Council majority leader. The case is set for trial in September 2020. If you haven’t read the Indictment, I invite you to check it out, assuming you have a strong stomach.
It should go without saying, but I want to say it, anyway, because unfortunately we need to be reminded of this: not every major American City is like this. Most cities do not have their leaders – their Congressmen, their district attorneys, their sheriffs, their council members, their state reps, their union leaders and more – indicted and convicted of corruption, bribery, and embezzlement. And certainly if it happens elsewhere, it does not happen to a degree of this magnitude.
When I became the U.S. Attorney, public corruption was one of my top priorities and will remain so. No one should have to pay a corruption tax to do business in the City of Philadelphia. I deliberately talk about the time that these former public officials are serving in federal prison because it is our job at the U.S. Attorney’s Office to make sure that our public officials understand that there will be severe consequences if they cross the line. And we are going to be loud about it because we want our public officials to come nowhere near the line, but instead focus on serving the public interest. Public service, after all, is what they signed up for and what they were elected to do. And if they do what they are supposed to do because I do what I’m supposed to do, then you will all have the freedom and the opportunity to help your employees, your families, and the rest of our community better prepare for the Philadelphia of tomorrow – one with a bright and optimistic future.
The year 2019 marked tremendous accomplishments by the men and women in my Office. I am very proud to serve in an Office comprised of individuals who have chosen to dedicate their lives to the cause of justice. I look forward to what lies ahead in 2020 knowing that together, with everyone in this room, we will continue to enhance the lives of the people of Philadelphia.
I very much appreciate the opportunity to be with you today. God Bless you, and God Bless our wonderful City. Thank you.
Congress Must Ban Fentanyl AnaloguesRead the Press Release
In 2017, nearly 50,000 Americans died from an opioid overdose. In 2018, synthetic opioids accounted for over 28,000 overdose fatalities across the United States. Hundreds of those victims died here, in the Carolinas. They were our friends, our colleagues, our neighbors. And while we are encouraged by a recent decline in the reported death toll, the untimely loss of any life to this drug scourge is too great of a tragedy. As law enforcement leaders, this epidemic requires our continued and sustained attention.
One of the deadliest synthetic opioids is fentanyl, a drug 50 times more potent than heroin, and 100 times more powerful than morphine. Incredibly small quantities – measured like the grains of salt – can kill the average person.
Illegal fentanyl is manufactured in high-volume labs in China and Mexico, and its chemical structure is easily altered to create new drugs, called fentanyl analogues. Analogues can be created simply by altering just a single molecule.
Prior to 2018 drug traffickers were able to run sophisticated operations and evade law enforcement and prosecution by altering the chemical composition of fentanyl just enough to skirt the law. Even more frightening, the compounding done in illicit labs varies so much that no one can be sure of the amount they are ingesting.
To address this problem, in 2018, the Drug Enforcement Administration (DEA) used its authority to temporarily ban all fentanyl-related substances and closed a loophole used by drug traffickers to exploit our laws and profit off our people.
At the same time, it is important to note that the Trump Administration was able to persuade the Chinese government to prohibit fentanyl analogues as well.
However, the DEA’s order expires on February 6, 2020, and, unless Congress acts, many fentanyl analogues will become legal. Congress’s inaction will deliver a serious blow to our efforts to prosecute drug organizations and dealers who traffic in fentanyl. Further, it will make it more difficult to put behind bars those responsible for the deaths of our loved ones.
The United States Senate recently approved a temporary extension of the DEA’s temporary order. That is a good start. But, in order to stem this deadly epidemic, we need Congress to act decisively and permanently declare all fentanyl analogues illegal. Congress’ action will permanently arm law enforcement with the tools necessary to protect our communities from these deadly illicit drugs.
Critics of a permanent ban argue that the bill does not include a public health approach to the overdose crisis. We wholeheartedly agree that only a comprehensive approach will stem the tide of this public health crisis. Indeed, each of our U.S. Attorney’s offices collaborates with health care professionals, social services providers, and a wide range of community groups to implement comprehensive solutions to address this problem. But, strong criminal laws are a critical component of the Nation’s response to this crisis, and time is short. Mexican and Chinese drug traffickers eagerly await the expiration of the DEA’s temporary order to flood our communities with their increasingly deadly analogue poisons.
We join U.S. Attorney General William Barr and our fellow United States Attorneys across the country in calling upon Congress to permanently ban all fentanyl-related drugs. The lives of countless Carolinians depend upon swift and decisive action.
Messrs. Higdon, Martin and Murray are the United States Attorneys for the Eastern, Middle and Western Districts of North Carolina, respectively. Mr. Crick is the Acting United States Attorney for the District of South Carolina.
Cohoes Man Arrested for Transportation of Child PornographyRead the Press Release
ALBANY, NEW YORK – Paul Turnbull, age 53, of Cohoes, New York, was arrested on January 27 on charges of transporting child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty. Turnbull appeared in court on January 29 before United States Magistrate Judge Daniel J. Stewart. Following a detention hearing held yesterday, Turnbull was detained pending trial.
If convicted, Turnbull faces at least 15 years and up to 40 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of $250,000. 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. Additionally, if convicted, Turnbull would be required to register as a sex offender.
Anyone with information relevant to this investigation may call HSI’s Albany office at (518) 220-2129.
The case is being investigated by HSI with assistance from the New York State Police Computer Crimes Unit and the Cohoes Police Department, and is being prosecuted by Assistant U.S. Attorney Robert A. Sharpe.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Chicago, Illinois Man Sentenced to 20 Years in PrisonRead the Press Release
SOUTH BEND – David Gibson, 48, of Chicago, Illinois was sentenced before South Bend District Court Judge Jon E. DeGuilio for conspiracy to distribute more than one kilogram of heroin, announced U.S. Attorney Kirsch.
Mr. Gibson was sentenced to 240 months in prison (to be served consecutively to a 12 year federal sentence in Wyoming) followed by 10 years of supervised release.
On September 20, 2019, Mr. Gibson and his co-defendant, Mr Harris were found guilty of conspiracy to distribute over a kilogram of heroin after a 4-day jury trial. According to evidence presented at trial, Mr. Gibson conspired with others to sell heroin in and around South Bend. The conspirators shared a cellphone that customers called to arrange purchases of heroin. The evidence showed that undercover law enforcement officers purchased heroin from members of the conspiracy on 28 separate occasions between March and October of 2017. Phone records showed that the shared cellphones had over 80,000 contacts during the time of the conspiracy. Mr. Gibson directed the sales conducted by those who sold heroin to the undercover officers.
This case was investigated by the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms, and Explosives with the assistance from several local police agencies including the St. Joseph County Drug Investigation Unit, Indiana State Police, South Bend Police Department, Mishawaka Police Department, the Elkhart Police Department, the Interdiction and Covert Enforcement (ICE) Unit consisting of Elkhart County and Goshen Officers , the St. Joseph County Police Department and the St. Joseph County Prosecutor’s Office. The case was handled by Assistant U.S. Attorneys Joel Gabrielse and Molly Donnelly.
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Cheswick Man Sentenced to Prison for Stamp Theft Scheme Perpetrated to Pay a Drug DebtRead the Press Release
PITTSBURGH, PA - A former resident of Cheswick, Pennsylvania, has been sentenced in federal court to 18 months’ imprisonment and a three-year term of supervised release, and was ordered to pay $37,590 in restitution to the United States Postal Service, on his conviction of conspiracy, theft of government property and uttering and possessing false securities, United States Attorney Scott W. Brady announced today.
United States District Judge J. Nicholas Ranjan imposed the sentence on John Martell, 39.
According to information presented to the Court, between approximately April 23, 2018 and June 11, 2018, Martell and his codefendant, Holly Lovasik, who was a former employee of the United States Postal Service, engaged in a stamp theft scheme in order to pay a debt they owed to their drug dealer. The coconspirators purchased $34,800 in stamps from approximately 28 different Post Offices in the Western District of Pennsylvania, using checks that were written on closed accounts and checks that belonged to two deceased doctors that were falsely altered, completed and signed. Martell and Lovasik then re-sold the stamps for cash, predominantly at a pawn shop in Tarentum, PA. The court was further informed that, in addition to the stamp theft, the United States Post Office incurred $2,790 in check surcharges, for a total loss of $37,590.
Assistant United States Attorney Christy C. Wiegand prosecuted this case on behalf of the government.
The United States Postal Inspection Service conducted the investigation leading to the successful prosecution of Martell.
Charlotte Woman Is Sentenced to More Than Two Years for Stealing over $458,000 from Retirees' AccountsRead the Press Release
CHARLOTTE, N.C. – Cynthia Williams-Singleton, 42, of Charlotte, was sentenced today to 27 months in prison and two years of supervised release for stealing more than $458,000 from the accounts of retirees, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, U.S. District Judge Robert J. Conrad Jr. also ordered Williams-Singleton to pay $462,265.40 as restitution.
Reginald A. DeMatteis, Special Agent in Charge of the United States Secret Service, Charlotte Field Office, joins U.S. Attorney Murray in making today’s announcement.
According to filed court documents and today’s sentencing hearing, from December 2016 to June 2018, Williams-Singleton was a customer service representative with a call center located in Charlotte, for a company identified in court documents as “Company 1.” As a call center representative, Williams-Singleton worked on accounts associated with “Client A,” and had access to Company 1’s data systems that contained, among other things, retirement fund records for Client A’s benefit plan participants and their beneficiaries, including the participants’ personally identifiable information (PII).
According to court documents, Williams-Singleton carried out the fraud by accessing a participant’s account when the participant contacted the call center. After speaking with the participant and discovering that the participant was unsure or unaware of his or her account balance, Williams-Singleton informed the participant that the participant’s account was either empty, or had less funds than it did. She then added herself, her relatives and others, as beneficiaries of that participant’s account. Using her access to customers’ PII and retirement fund records, Williams-Singleton made unauthorized transfers of funds from Client A’s plan participants’ retirement accounts into bank accounts in her own name or under her control. During the course of the scheme, Williams-Singleton fraudulently withdrew approximately $458,772.88 in participant and beneficiary funds from approximately eight participant accounts without authorization. Generally, the holders of the participant accounts victimized by Williams-Singleton were persons over the age of 70.
Williams-Singleton pleaded guilty to wire fraud in June 2019. She will be ordered to report to the federal Bureau of Prisons to begin serving her sentence upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The investigation was handled by the U.S. Secret Service. Assistant U.S. Attorney Jenny Sugar, with the U.S. Attorney’s Office in Charlotte, prosecuted the case.
In March 2019, Andrew Murray, U.S. Attorney for the Western District of North Carolina, announced the Office’s Elder Justice Initiative, which aims to combat elder financial exploitation by expanding efforts to investigate and prosecute financial scams that target seniors; educate older adults on how to identify scams and avoid becoming victims of financial fraud; and promote greater coordination with law enforcement partners. For more information please visit: /usao-wdnc/elder-justice-initiative
Captured: Final Wanted "Operation Benchwarmers" Defendant Taken into Custody in TexasRead the Press Release
Macon, Ga. — The final defendant wanted in “Operation Benchwarmers” was taken into custody by FBI agents in Dallas, Texas on Wednesday afternoon, announced Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. Andrew Bravo Jimenez, aka “Droopy,” 25, of Athens and Texas, was captured by FBI-Dallas agents, with assistance from FBI-Atlanta. Jimenez is charged with one count conspiracy to possess with intent to distribute methamphetamine, heroin and crack cocaine, which carries a maximum life prison sentence, along with one count possession with intent to distribute heroin. Federal indictments were unsealed last week in “Operation Benchwarmers,” charging 17 defendants wanted on federal gun and drug charges. More than 300 law enforcement members from 24 agencies and task forces participated in “Operation Benchwarmers” on Tuesday, January 21, 2020 in the Athens-Clarke County region, arresting 16 charged defendants that day. According to the Athens-Clarke County Police Department (ACCPD), “Operation Benchwarmers” is the largest law enforcement operation in the department’s history, netting an estimated street value of $955,986 in illegal narcotics, including heroin and methamphetamine, along with 43 firearms and assault rifles, plus $84,013 in cash.
“I want to commend the dedication of the FBI in pursuing and capturing this wanted defendant, found hundreds of miles away attempting to evade arrest,” said U.S. Attorney Charlie Peeler. “All 17 defendants charged in ‘Operation Benchwarmers’ have now been taken into custody, thanks to the excellent work of two dozen law enforcement agencies and more than 300 people. This operation was a success because of their relentless commitment to keeping Georgia communities safe.”
“We would like to thank our FBI Dallas field office for their assistance in making this final arrest in ‘Operation Benchwarmers,’” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “They are one of two dozen federal, state and local law enforcement agencies, integral in our effort to protect the law abiding citizens in the Athens area, making those citizens’ communities safer today.”
“The capture of the final defendant in this case brings closure, not only for the dedicated men and women of law enforcement who worked tirelessly to make this investigation a success, but also for the citizens of Athens, Georgia who deserve a safe community free from dangerous and deadly substances that wreak havoc on society,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division.
“ACCPD is pleased to learn that the final violent felon in this operation is off the streets and will be brought back to Georgia to face charges,” said ACCPD Chief Cleveland Spruill. “It further illustrates that local, state, and federal agencies can and will work together to bring violent criminals to justice.”
The investigation was conducted by the FBI Middle Georgia Safe Streets Gang Task Force, the Northeast Georgia Regional Drug Task Force, the Athens-Clarke County Police Department (ACCPD), the Drug Enforcement Administration (DEA) and the United States Attorney’s Office for the Middle District of Georgia, with the assistance of the following agencies:
- Athens-Clarke Fire Department
- Banks County Sheriff’s Office
- Clarke County Sheriff’s Office
- DeKalb County Police Department
- FBI
- FBI-Dallas
- Georgia Bureau of Investigation
- Georgia Department of Community Supervision
- Georgia Department of Corrections
- Georgia State Patrol
- Greene County Sheriff’s Office
- Gwinnett County Police Department
- Homeland Security Investigations
- Madison County Sheriff’s Office
- Oconee County Sheriff’s Office
- City of Statham Police Department
- United States Marshals Service
- United States Probation Office
- Walton County Sheriff’s Office
Federal indictments charging 17 individuals have been unsealed. An indictment is only an allegation of criminal conduct, and all of the defendants are presumed innocent until and unless proven guilty in a court of law beyond a reasonable doubt. The following individuals are charged and have been taken into custody, unless otherwise noted:
The following 16 subjects are charged with conspiracy to possess with intent to distribute methamphetamine, heroin and crack cocaine. The penalty is a mandatory minimum ten years in prison up to a maximum life term in prison, a $10 million dollar fine and five years supervised release:
Rickshun Willigham, aka “Teddy,” 32, of Athens
Jaquavious T. Turner, aka “Take One”
Jamian Huff, aka “Dunk,” 34, of Athens
Andrew Bravo Jimenez, aka “Droopy”
Manuel Gonzalez Romero, of Athens and Mexico
Steven Ricole Scott, aka “Black,” aka “Unc,” 43, of Athens
Antonio M. Mitchell, aka “Tonio,” 30, of Athens
Marques Ward, aka “YG,” 31, of Athens
Ttajia Forney, 19, of Athens
Christopher Sanders, aka “Chris,” 33, of Athens
Bernard Barnett, aka “Nard,” 22, of Athens
Maquila Jones, aka “Qui,” 20, of Athens
Nicholas Jackson, aka “Nick Bean,” 26, of Athens
Terrell Bush, aka “T-Rock,” 45, of Athens
Shaddrick Cox, aka “Shad,” 24, of Athens
Robert Bolton, Jr., aka “Rob,” 31, of Athens
The following ten subjects are charged with distribution of cocaine base/crack cocaine. The penalties range from a maximum 20 years in prison to a maximum 40 years in prison:
Rickshun Willigham, aka “Teddy,” 32, of Athens (15 counts)
Jaquavious T. Turner, aka “Take One” (9 counts)
Jamian Huff, aka “Dunk,” 34, of Athens
Bernard Barnett, aka “Nard,” 22, of Athens (2 counts)
Shaddrick Cox, aka “Shad,” 24, of Athens
Steven Ricole Scott, aka “Black,” aka “Unc,” 43, of Athens (3 counts)
Christopher Sanders, aka “Chris,” 33, of Athens
Robert Bolton, Jr., aka “Rob,” 31, of Athens
Antonio M. Mitchell, aka “Tonio,” 30, of Athens
Maquila Jones, aka “Qui,” 20, of Athens
The following eight subjects are charged with possession of a firearm in furtherance of a drug trafficking crime. The penalty is a mandatory minimum five years in prison up to a maximum life term in prison:
Rickshun Willigham, aka “Teddy,” 32, of Athens (12 counts)
Jaquavious T. Turner, aka “Take One” (7 counts)
Bernard Barnett, aka “Nard,” 22, of Athens (3 counts)
Christopher Sanders, aka “Chris,” 33, of Athens
Antonio M. Mitchell, aka “Tonio,” 30, of Athens
Marques Ward, aka “YG,” 31, of Athens
Ttajia Forney, 19, of Athens
Shaddrick Cox, aka “Shad,” 24, of Athens
The following three subjects are charged with distribution of heroin. The penalty is a maximum 20 years in prison:
Rickshun Willigham, aka “Teddy,” 32, of Athens (5 counts)
Jaquavious T. Turner, aka “Take One” (3 counts)
Bernard Barnett, aka “Nard,” 22, of Athens (2 counts)
The following six subjects are charged with possession with intent to distribute heroin. The penalties range from a maximum 20 years in prison to a maximum 40 years in prison:
Marques Ward, aka “YG,” 31, of Athens
Ttajia Forney, 19, of Athens
Terrell Bush, aka “T-Rock,” 45, of Athens
Nicholas Jackson, aka “Nick Bean,” 26, of Athens
Manuel Gonzalez Romero, of Athens and Mexico
Andrew Bravo Jimenez, aka “Droopy”
The following two subjects are charged with distribution of methamphetamine. The penalty is a maximum 20 years in prison:
Rickshun Willigham, aka “Teddy,” 32, of Athens
Bernard Barnett, aka “Nard,” 22, of Athens
The following two subjects are charged with possession with intent to distribute methamphetamine. The penalty is a maximum 20 years in prison:
Marques Ward, aka “YG,” 31, of Athens
Ttajia Forney, 19, of Athens
The following subject is charged with possession of a firearm by a convicted felon. The penalty is a maximum ten years in prison:
Armand Payne, 39, of Athens
The following subjects were taken into custody during “Operation Benchwarmers” on state charges:
Luis Besave-Lagunas (Charged in Madison County with Trafficking Heroin, Trafficking Methamphetamine and Possession of a Firearm during the Commission of a Felony)
Zenon Carrera-Ferrer (Charged in Athens-Clarke County with Trafficking Methamphetamine, Trafficking Heroin and Possession of Cocaine)
Dwight Moreland (Probation Violation)
Andreas Lane (Charged in Madison County with Possession with Intent to Distribute Heroin, Possession of a Firearm by a Convicted Felon and Probation Violation)
Adian Mapp (Charged in Madison County with Possession with Intent to Distribute Heroin and Possession of a Firearm by a Convicted Felon)
Leonard Jackson (Charged in Athens-Clarke County with Possession of a Firearm by a Convicted Felon)
The following firearms, cash and illegal drugs were seized:
- 43 firearms seized (including 8 assault rifles)
- $84,013 U.S. Currency seized
- 8.34 kilograms of heroin (Street Value: $667,200)
- 4.3 pounds of crystal methamphetamine (Street Value: $195,400)
- 26.1 ounces of crack cocaine (Street Value: $78,200)
- 2.4 pounds of marijuana (Street Value: $4,376)
- 3.31 ounces of power cocaine (Street Value: $9,400)
- 94 controlled pharmaceuticals (Street Value: $940)
- 40 grams of oxycodone (Street Value: $470)
The investigation was conducted as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/archives/projectguardian.
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.
Brooklyn Man Sentenced to More Than 9 Years in Prison for Multimillion-Dollar Identity Theft and Fraud SchemeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that JAMAL SIMON was sentenced today by United States District Judge Paul A. Crotty to 115 months in prison for his participation in an identity theft scheme. SIMON previously pled guilty before Judge Crotty to one count of conspiracy to commit wire fraud, one count of aggravated identity theft, and one count of wrongfully obtaining individually identifiable health information.
U.S. Attorney Geoffrey S. Berman said: “Jamal Simon and his co-conspirators developed a sophisticated scheme to steal from financial institutions and their customers. Through brazen identity theft and fraud, Simon stole millions of dollars from credit card companies and banks. Thanks to the skilled investigative work of the FBI, the defendants’ crime spree has been brought to a halt.”
According to the allegations in the Indictment, other documents filed in the case, and statements made in court, including during SIMON’s guilty plea:
From March 2017 through at least July 2017, SIMON and his co-conspirators carried out a wide-ranging fraud scheme that involved unlawfully obtaining individually identifiable information of other individuals (including names, addresses, phone numbers, email addresses, birthdates, bank account numbers, credit and debit card numbers, and cellphone service provider account numbers); impersonating those individuals in order to obtain unauthorized access to their bank accounts, credit and debit card accounts, and cellphone service provider accounts; and then using such access to, among other things, facilitate the fraudulent transfer of funds to bank accounts controlled by members of the conspiracy and the unauthorized purchasing of merchandise and gift cards at retail stores. In some cases, SIMON transferred victims’ telephone numbers to a cellphone controlled by SIMON so that he and his co-conspirators could circumvent credit card companies’ standard security measures that confirm suspicious transactions through text message or email to the consumer.
The scheme perpetrated by SIMON and his co-conspirators defrauded financial institutions and individual victims of more than $3.5 million.
* * *
In addition to the prison term, SIMON, 31, was also sentenced to three years of supervised release, ordered to pay $2,430,771.05 in restitution, and ordered to forfeit $500,000.
Mr. Berman praised the outstanding investigating work of the Federal Bureau of Investigation.
If you believe you were a victim of this crime, including a victim entitled to restitution, and you wish to provide information to law enforcement and/or receive notice of future developments in the case or additional information, please contact the Victim/Witness Unit at the United States Attorney’s Office for the Southern District of New York, at (866) 874-8900. For additional information, go to: http://www.usdoj.gov/usao/nys/victimwitness.html.
The prosecution is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorneys Nicholas W. Chiuchiolo and Robert B. Sobelman are in charge of the prosecution.
Bronx Man Pleads Guilty to Conspiracy to Commit Bank Fraud and Identity TheftRead the Press Release
CONCORD - Albert Paulin, 43, of Bronx, New York, pleaded guilty in federal court to conspiracy to commit bank fraud and aggravated identity theft, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, from approximately August of 2017, to approximately January of 2018, Paulin conspired with others to withdraw money from other person’s bank accounts. Specifically, Paulin drove runners to a number of bank branches and provided them with false driver’s licenses that contained bank customers’ personal identifying information and the runners’ photographs. Paulin also provided the runners with the account holders’ bank account number. The runners then entered the bank branches and withdrew funds from bank accounts with the information provided by Paulin.
In total, Paulin’s runners successfully withdrew over $109,900 and attempted to withdraw an additional $43,700 from over 19 victims’ bank accounts.
Paulin is scheduled to be sentenced on May 14, 2020.
“Bank fraud and identify theft offenses cause great harm to victims and undermine confidence in our financial institutions,” said U.S. Attorney Murray. “The damage is increased when organized criminal conspiracies are involved. Fraudsters who come to New Hampshire to commit crimes should know that our law enforcement community is working hard to protect our citizens. Those who seek to profit from fraud will be caught and they will be prosecuted.”
This matter was investigated by the U.S. Postal Inspection Service. The case is being prosecuted by Assistant U.S. Attorney Matthew Hunter.
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Blacksburg Doctor Convicted of 60 Federal Offenses Including Health Care Fraud, Distribution of a Controlled Substance, Obstruction of JusticeRead the Press Release
Roanoke, VIRGINIA – The former owner of the Virginia Vein Institute, who illegally distributed controlled substances, conspired to commit health care fraud, committed health care fraud, and then obstructed justice to hinder the investigation, was convicted yesterday at the conclusion of a seven-day jury trial in U.S. District Court in Roanoke. United States Attorney Thomas T. Cullen, Virginia Attorney General Mark Herring, and Maureen R. Dixon, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services made the announcement today.
The jury, after deliberating for an hour and a half, found Frank Purpera Jr., 44, of Blacksburg, Va., guilty of all 60 counts for which he was charged. Those charges included 56 counts of illegal distribution of a controlled substance, two counts of obstruction of justice, one count of health care fraud, and one count of conspiracy to commit health care fraud.
Evidence presented at trial established that Purpera, for a period of approximately five years, wrote numerous prescriptions for Percocet, and Adderall, both Schedule II controlled substances, in the name of his wife, who had a different last name, on multiple occasions. The prescriptions were not for legitimate medical purposes and were outside the scope of Purpera’s medical practice. The defendant also falsified his medical records in an effort to defraud Medicare and Anthem Insurance. Medicare and Anthem paid claims to Purpera in excessive of $6 Million. After a search warrant was executed at the Virginia Vein Institution in September 2016, Purpera told his employees to say, “I don’t recall” when questioned by federal investigators. To reiterate this point, Purpera showed an employee a video clip from the popular movie, “The Wolf of Wall Street,” in which numerous employees, when interviewed by federal law enforcement, say “I don’t recall, I don’t recall.”
The investigation of the case was conducted by the Department of Health and Human Services-Office of the Inspector General, the Drug Enforcement Administration, the Virginia Attorney General’s Medicaid Fraud Control Unit, Federal Bureau of Investigation, and an Investigator with the United States Attorney’s Office. Assistant United States Attorneys Jonathan Jones and Randy Ramseyer, and Nicole Terry, a Special Assistant United States Attorney and an Assistant Attorney General assigned to the Virginia Attorney General’s Medicaid Fraud Control Unit, prosecuted the case for the United States.
Beltsville Man Convicted After Federal Jury Trial of Involuntary Manslaughter, Reckless Driving, and Related Charges in Connection with a Fatal Crash on the Baltimore-Washington ParkwayRead the Press Release
Greenbelt, Maryland – A federal jury today convicted Christopher Andrew Smith, age 30, of Beltsville, Maryland, after a two-day trial of involuntary manslaughter, reckless driving, driving without a license, and failure to place a child in a safety seat, in connection with a fatal car crash on the Baltimore-Washington Parkway on February 5, 2018, in which a three-year-old child was killed.
The conviction was announced by United States Attorney for the District of Maryland Robert K. Hur and Acting Chief Gregory T. Monahan of the U.S. Park Police.
According to the evidence presented at trial, on February 5, 2018, Christopher Smith drove a 2011 Nissan Altima on the Baltimore-Washington Parkway. Smith was accompanied by an adult male and that man’s three-year-old daughter. An eyewitness reported that Smith was driving at a high rate of speed when he attempted to pass the witness’s vehicle on the right shoulder, near the exit for Route 198. Smith lost control of the vehicle on the shoulder then swerved into the left lane of the Parkway before crashing into a tree in the wooded median. Smith and the male passenger were found partially ejected from the vehicle suffering from critical injuries. The two adults were evacuated to hospitals by helicopter for treatment. The three-year-old girl, who was not secured with a car seat or seatbelt, was ejected from the vehicle and was located in the woods a few feet away. She was pronounced dead at the scene.
Smith faces a maximum sentence of eight years in federal prison for involuntary manslaughter; and a maximum of six months in federal prison each for reckless driving, driving without a license, and failure to place a child in a safety seat. 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. U.S. District Judge Paul W. Grimm has not set a date for Smith’s sentencing.
United States Attorney Robert K. Hur commended the U.S. Park Police for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Hollis Raphael Weisman and Dwight Draughon, who are prosecuting the case.
# # #
Bank Robber Pleads Guilty Mid-TrialRead the Press Release
Memphis, TN – After demanding and starting a federal jury trial, Arnold Eden, 52, has pleaded guilty to bank robbery before the completion of proof in the case. U.S. Attorney D. Michael Dunavant announced the guilty plea today.
According to information presented in court, on July 3, 2017, at approximately 1:17 p.m., the Hope Federal Credit Union located at 2923 Ridgeway Road, was robbed by threatened force and coercion. Hope Credit Union is federally insured by the National Credit Union Administration. A male entered the credit union, approached the teller, and provided a note demanding money. The teller recalled the note stating, "I have a gun. I have nothing to lose. I want two stacks of hundreds." The teller complied and provided $2,602 in cash. The suspect then fled the scene.
The robber was described on video surveillance wearing a black "Kangol" hat; a white t-shirt turned inside out, black shorts, and tennis shoes. The robber was described as being 6’2", weighing 160-170lbs, 55-60 years of age, with a gray beard.
While exiting the credit union, video depicts the robber touching the interior glass door. Officers with the Memphis Police Department lifted latent fingerprints which were identified as belonging to the defendant.
Sentencing is scheduled for May 8, 2020, before U.S. District Court Judge Mark S. Norris, where Eden faces up to 20 years in federal prison followed by 3 years supervised release.
United States Attorney D. Michael Dunavant said: "Bank robbery is a violent crime that threatens the very fabric of our financial institutions that provide commercial services to citizens and the community. These disturbing and brazen acts of violence will not be tolerated, and will be met with firm resolve, quick investigative action, and aggressive federal prosecution. By collaborating with our federal, state and local partners, we will use every available resource to ensure the safety of our citizens and security of our banking institutions."
This case was investigated by the Memphis Police Department and the FBI’s Safe Streets Task Force.
Assistant U.S. Attorney Marques Young and Special Assistant U.S. Attorney Samuel D. Winnig are prosecuting this case on behalf of the government. Winnig is currently assigned from the Shelby County District Attorney General‘s Office for the purpose of prosecuting violent crimes and firearms offenses in federal court.
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Attorney General William P. Barr Appoints Timothy Shea Interim U.S. Attorney for the District of ColumbiaRead the Press Release
Attorney General William P. Barr announced today the appointment of Timothy Shea as Interim U.S. Attorney for the District of Columbia, pursuant to 28 U.S.C. § 546, effective February 3. The Office is the largest U.S. Attorney’s Office in the country, serving as both the local and the federal prosecutor for the nation’s capital, with over 300 attorneys responsible for litigation before over 100 judges in federal and local courts.
“I am pleased to appoint Tim Shea as Interim U.S. Attorney for the District of Columbia. Tim brings to this role extensive knowledge and expertise in law enforcement matters as well as an unwavering dedication to public service, reflected in his long and distinguished career in state and federal government,” said Attorney General William P. Barr. “His reputation as a fair prosecutor, skillful litigator, and excellent manager is second-to-none, and his commitment to fighting violent crime and the drug epidemic will greatly benefit the city of Washington. I would also like to express my gratitude to Jessie Liu, who has served with distinction as U.S. Attorney for the District of Columbia since 2017, and has been nominated to a new role at the Department of the Treasury.”
Shea served as Associate Deputy Attorney General from 1990-1992 and as Counselor to the Attorney General since 2019. In both roles, he advised the Attorney General on law enforcement operations, criminal justice policy, and management issues affecting the Department. He recently spearheaded the Department’s Operation Relentless Pursuit, a crackdown targeting violent crime in seven U.S. cities.
From 1992-1997, Shea served as an Assistant U.S. Attorney in the Eastern District of Virginia where he prosecuted federal criminal cases, including violent crimes, drug trafficking, fraud cases, perjury and obstruction of justice investigations, federal tax fraud and evasion cases, civil rights matters, and public corruption cases. He headed the Task Force responsible for investigating and prosecuting crimes at the District of Columbia correctional facilities at Lorton, supervising AUSAs and D.C. government attorneys. He was also the coordinator for matters related to the Criminal Enforcement Child Support.
In state government, Shea served as the Chief of Public Protection Bureau in the Massachusetts Attorney General’s office where he managed several divisions staffed by attorneys and investigators. In that position, he was responsible for the enforcement of state law related to consumer protection, civil rights, antitrust, regulated industries, insurance rate setting, telecommunications, energy, environment, public charities, and elder protection. Shea also served in Congressional roles, including as Chief Counsel and Staff Director of the U.S. Senate Permanent Subcommittee on Investigations under the chairmanship of Senator Susan Collins and on the U.S. House Appropriations Committee professional staff under Ranking Republican Member Silvio O. Conte. During his 20 years of private practice, Shea served as Of Counsel for Bingham McCutchen and Morgan Lewis, handling complex civil litigation.
Shea earned his J.D. degree magna cum laude in 1991 from the Georgetown University Law Center where he was elected to the Order of the Coif. He was also a senior staff member of the America Criminal Law Review. He received his B.A. degree magna cum laude from Boston College in 1982 where he received the Kenealy Award for Academic Excellence.
Albany Man Sentenced to Probation for Conspiracy to Commit Bank FraudRead the Press Release
ALBANY, NEW YORK – Peter D. Amato, age 66, of Albany, was sentenced today to 1 year of probation and to pay a $15,000 fine for conspiracy to commit bank fraud.
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).
As part of his guilty plea, Amato admitted that from July 2015 through January 2017, he and a co-conspirator submitted inflated project budgets to M&T Bank as part of loan applications for apartment construction projects in the Towns of Brunswick and Stillwater, New York. They then used the additional funds that the bank loaned to them for purposes not authorized by the loan agreements. Amato further admitted that, as part of the scheme, he and his co-conspirator submitted false subcontractor agreements to M&T Bank that substantially overstated the amount of money for which subcontractors had agreed to do work on the projects, but that were consistent with the inflated project budgets Amato and his co-conspirator had provided to the bank.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Richard D. Belliss.
11 Bronx Gang Members Charged in Manhattan Federal Court with Racketeering, Firearms, and Narcotics OffensesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Dermot F. Shea, Commissioner of the New York City Police Department (“NYPD”), Peter C. Fitzhugh, the Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), and Margaret Garnett, Commissioner of the New York City Department of Investigation (“DOI”), announced today the unsealing of an Indictment charging NYSHIEM SPENCER, a/k/a “Willy,” LAFONE ELEY, a/k/a “Fon Fon,” STEFVON ELEY, a/k/a “Balla,” SHALIK JENKINS, a/k/a “Sha Money,” a/k/a “Double O,” MALIK TUNSTALL, a/k/a “Leaky,” PRICE TUNSTALL, a/k/a “P-Black,” NASIR VINCENT, ALLAN GONZALEZ, a/k/a “Bobby,” JONELL DANFORTH, a/k/a “JD,” ELIJAH BURT, a/k/a “Dizzy,” and ASHANAE MCLAUGHLIN with participating in a racketeering conspiracy as members and associates of the Monroe Houses Crew, which operates principally in the James Monroe Houses in the Soundview neighborhood of the Bronx.
As part of the racketeering conspiracy, SPENCER is charged with the October 31, 2017, murder of Luis Vargas. LAFONE ELEY is charged with shooting at a rival gang member on June 25, 2017. STEFVON ELEY is charged with shooting a disfavored member of the Monroe Houses Crew on June 30, 2017, and with shooting at rival gang members on May 30, 2018. VINCENT, DANFORTH, and BURT are charged with slashing a rival gang member on September 14, 2019. SPENCER, JENKINS, MALIK TUNSTALL, PRICE TUNSTALL, VINCENT, GONZALEZ, and DANFORTH are charged with participating in a narcotics conspiracy. MCLAUGHLIN is charged with bank fraud conspiracy and aggravated identify theft. Seven defendants were arrested today and will be presented this afternoon before United States Magistrate Judge James L. Cott. Three defendants are in state custody on other charges and will be transferred to federal custody at a later date. The case has been assigned to United States District Judge Analisa Torres.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged in the indictment, the defendants in this case were members of a violent crew operating in the James Monroe Houses in the Bronx. The violence perpetrated by Monroe Houses Crew members is exemplified by the murder, slashing, and three shootings alleged in today’s indictment. Thanks to the efforts of our partners at the NYPD, HSI, and DOI, the defendants now face federal charges for their crimes.”
NYPD Commissioner Dermot F. Shea said: “Violence in the streets of New York City will not be tolerated. The stellar investigative efforts of our NYPD detectives, working together with our law enforcement partners and federal prosecutors, has shut down a violent crew to maintain safety for all.”
HSI Special Agent-in Charge Peter C. Fitzhugh said: “As alleged in the indictment, the Monroe Houses crew was responsible for multiple acts of violence and other forms of mayhem. The defendants are charged with participating in shootings, a slashing, narcotics distribution, and bank fraud. HSI is allied with our law enforcement partners to hold crew members accountable for the havoc they wreak on our communities, and together we will ensure there are consequences for their actions.”
DOI Commissioner Margaret Garnett said: “DOI is committed to ensuring that New York City public housing remains free from violent gang activity that invades our communities and erodes the safety of residents. We are proud to have partnered with the U.S. Attorney for the Southern District of New York, New York City Police Department, and the New York Field Office of Homeland Security Investigations to secure today’s indictment and protect the residents of the James Monroe Houses.”
According to the allegations in the Indictment unsealed today in Manhattan federal court:
NYSHIEM SPENCER, a/k/a “Willy,” LAFONE ELEY, a/k/a “Fon Fon,” STEFVON ELEY, a/k/a “Balla,” SHALIK JENKINS, a/k/a “Sha Money,” a/k/a “Double O,” MALIK TUNSTALL, a/k/a “Leaky,” PRICE TUNSTALL, a/k/a “P-Black,” NASIR VINCENT, ALLAN GONZALEZ, a/k/a “Bobby,” JONELL DANFORTH, a/k/a “JD,” ELIJAH BURT, a/k/a “Dizzy,” and ASHANAE MCLAUGHLIN,” are members and associates of the Monroe Houses Crew, a racketeering enterprise that operates principally in the James Monroe Houses. In order to enrich the enterprise, preserve and protect the power of the enterprise, and enhance its criminal operations, Monroe Houses Crew members and associates committed, conspired, attempted, and threatened to commit acts of violence, including murder; distributed and possessed with intent to distribute narcotics; committed robberies; engaged in fraud; and obtained, possessed, and used firearms.
On or about October 31, 2017, SPENCER and others planned and helped carry out a shooting that resulted in the death of Luis Vargas in the vicinity of 1715 Randall Avenue in the Bronx, New York.
On or about June 25, 2017, LAFONE ELEY and others shot at a rival gang member in the vicinity of the James Monroe Houses in the Bronx, New York.
On or about June 30, 2017, STEFVON ELEY shot and injured a member of the Monroe Houses Crew who had fallen out of favor with other members of the Monroe Houses Crew, in the vicinity of the James Monroe Houses in the Bronx, New York.
On or about May 30, 2018, STEFVON ELEY shot at rival gang members in the vicinity of Rosedale Avenue and Randall Avenue in the Bronx, New York.
On or about September 14, 2019, VINCENT, DANFORTH, BURT, and others slashed a rival gang member in the vicinity of 670 Castle Hill Avenue in the Bronx, New York.
* * *
A chart containing the names, charges, and maximum and minimum penalties for the defendants is set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the NYPD, HSI, and DOI.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Andrew K. Chan and Justin V. Rodriguez are in charge of the prosecution.
The charges contained in the Indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTY
Count One
Racketeering conspiracy
18 U.S.C. § 1962(d)
NYSHEIM SPENCER
Life imprisonment
LAFONE ELEY
STEFVON ELEY
SHALIK JENKINS
MALIK TUNSTALL
PRICE TUNSTALL
NASIR VINCENT
ALLAN GONZALEZ JONELL DANFORTH ELIJAH BURT
ASHANAE MCLAUGHLIN20 years’ imprisonment
Count Two
Violent crime in aid of racketeering
18 U.S.C. §§ 1959 and 2
LAFONE ELEY
20 years’ imprisonment
Count Three
Firearms offense
18 U.S.C. §§ 924(c) and 2
LAFONE ELEY
Life imprisonment
Mandatory minimum of ten years’ imprisonment
Court Four
Violent crime in aid of racketeering
18 U.S.C. §§ 1959 and 2
STEFVON ELEY
20 years’ imprisonment
Count Five
Firearms offense
18 U.S.C. §§ 924(c) and 2
STEFVON ELEY
Life imprisonment
Mandatory minimum of ten years’ imprisonment
Count Six
Violent crime in aid of racketeering
18 U.S.C. §§ 1959 and 2
STEFVON ELEY
20 years’ imprisonment
Count Seven
Firearms offense
18 U.S.C. §§ 924(c) and 2
STEFVON ELEY
Life imprisonment
Mandatory minimum of ten years’ imprisonment
Count Eight
Violent crime in aid of racketeering
18 U.S.C. §§ 1959 and 2
NASIR VINCENT
JONELL DANFORTH ELIJAH BURT20 years’ imprisonment
Count Nine
Narcotics conspiracy
21 U.S.C. § 846
NYSHEIM SPENCER
SHALIK JENKINS
MALIK TUNSTALL
PRICE TUNSTALL
NASIR VINCENT
ALLAN GONZALEZ JONELL DANFORTHLife imprisonment
Mandatory minimum of ten years’ imprisonment
Count Ten
Bank fraud conspiracy
18 U.S.C. § 1349
ASHANAE MCLAUGHLIN
30 years’ imprisonment
Count Eleven
Aggravated identity theft
18 U.S.C. § 1028A and 2
ASHANAE MCLAUGHLIN
Mandatory two years’ imprisonment
As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
29 January 2020
Wausau Man Indicted for Illegal Firearm Possession and Drug Trafficking OffenseRead the Press Release
Matthew D. Krueger, United States Attorney for the Eastern District of Wisconsin, announced that on January 28, 2020, a federal grand jury returned a three-count indictment against Matthew J. Hornung (age: 36), formerly of Wausau . The indictment charges Hornung as follows:
COUNT
CHARGE
PENALTY
One
Possession with Intent to Distribute Methamphetamine, 21 USC § 841(a)(1)
Mandatory minimum 5 years in prison, up to 40 years in prison.
Two
Possession of a Firearm in Furtherance of a Drug Trafficking Crime, 18 USC § 924(c)
Mandatory minimum 5 consecutive years in prison, up to life in prison.
Three
Felon in Possession of a Firearm, 18 USC §§ 922(g)(1) and 924(a)(2)
Up to 10 years in prison.
If convicted, Hornung faces the imposition of fines and a term of supervised release in addition to the imprisonment listed above.
According to the indictment, on or about October 16, 2019, Hornung possessed more than 5 grams of methamphetamine with the intent to distribute the substance. Hornung also possessed a 9mm semiautomatic handgun in furtherance of drug trafficking, despite knowing he could not legally possess firearms.
This case is being prosecuted as part of the Project Safe Neighborhoods initiative. Project Safe Neighborhoods is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods’ strategy brings together all levels of law enforcement and community resources to reduce violent crime and improve the quality of life in all our neighborhoods.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://go.usa.gov/xpBrs
The Central Wisconsin Narcotics Task Force and Federal Bureau of Investigation investigated the case, with assistance from the Drug Enforcement Administration and Shawano County Sheriff’s Office. Assistant United States Attorney Andrew J. Maier will prosecute the case.
An indictment is only a charge and 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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Upshur County woman admits to drug and counterfeit chargesRead the Press Release
ELKINS, WEST VIRGINIA –Johnna Dee Courtney, of Buckhannon, West Virginia, has admitted to methamphetamine and counterfeit charges, U.S. Attorney Bill Powell announced.
Courtney, age 39, pled guilty to one count of “Possession with Intent to Distribute 50 grams or more of Methamphetamine” and one count of “Possession of Counterfeit Obligations.” Courtney admitted to distributing more than fifty grams of “crystal” methamphetamine, also known as “ice,” in May 2019 in Upshur County. She also admitted to having 95 counterfeit $100 bills in her possession.
Courtney faces at least five years and up to 40 years incarceration and a fine of up to $5,000,000 for the drug count, and faces up to 20 years incarceration and a fine of up to $250,000 for the counterfeit count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Brandon S. Flower is prosecuting the case on behalf of the government. The Mountain Lakes Drug & Violent Crimes Task Force and the United States Secret Service investigated.
U.S. Magistrate Judge Michael John Aloi presided.
U.S. Attorney’s Office Settles Claims Against Brookline Landlord for Violating Rights of Active Duty Military OfficerRead the Press Release
BOSTON – A Brookline landlord has entered into a settlement with the U.S. Attorney’s Office to resolve allegations that she refused to fully refund a servicemember who had to terminate his lease because he was relocated by the U.S. Army.
Deborah Levenson resolved allegations that she violated the Servicemembers Civil Relief Act (SCRA) by refusing to refund overpaid rent and delaying returning the security deposit to a servicemember who received orders from the U.S. Army to relocate to another state. Under the terms of the settlement, which must be approved by the U.S. District Court in Massachusetts, Levenson must pay her former tenant $3,000 in damages, pay a civil penalty of $500 to the United States, and is prohibited from violating the SCRA in the future.
The purpose of the SCRA is to provide servicemembers with protections against certain civil proceedings that could adversely affect their legal rights while they are in military service. When servicemembers receive military orders requiring them to relocate, including orders to deploy overseas, the SCRA permits them to terminate residential leases and requires their landlords to return overpayments in rent and security deposits.
“Men and women in uniform risk their lives for our country, and Congress enacted the Servicemembers Civil Relief Act to protect their rights when they are called away to serve our nation,” said United States Attorney Andrew E. Lelling. “We will aggressively enforce the SCRA. Our military members deserve no less.”
Servicemembers and their dependents who believe that their rights under the SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at https://legalassistance.law.af.mil/.
Assistant U.S. Attorney Torey B. Cummings of Lelling’s Civil Rights Unit handled the matter.
The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.
U.S. Attorney’s Office Reaches ADA Settlement with North Dakota State University Regarding the Sanford Health Athletic ComplexRead the Press Release
FARGO - United States Attorney Drew H. Wrigley announced today that the U.S. Attorney’s Office for the District of North Dakota completed its investigation and entered into a settlement agreement with North Dakota State University to resolve allegations that the Sanford Health Athletic Complex violated the Americans with Disabilities Act of 1990 ("ADA"). The Sanford Health Athletic Complex opened in 2016, and the facility is a multipurpose 5,685-seat arena used for basketball, wrestling, and training.
The settlement agreement resolves an ADA complaint alleging that the Sanford Health Athletic Complex was not fully accessible to individuals with disabilities. During its investigation, the U.S. Attorney’s Office found that the Sanford Health Athletic Complex did not provide sufficient wheelchair seating, seating for companions to users of wheelchairs, accessible aisle seating, and further, that the accessible seating provided was not integrated and dispersed throughout the facility. The U.S. Attorney’s Office also found that the Sanford Health Athletic Complex did not provide adequate accessible parking, and the toilet rooms, signage, concession stands, ramps, drinking fountains, and assistive listening devices did not comply with the ADA’s requirements. Under the settlement agreement, NDSU will provide adequate, integrated, and dispersed wheelchair and companion seating, provide proper accessible parking, and cure all other noted violations of the ADA.
Under federal law, discrimination on the basis of a disability in the services, programs, or activities of a public entity such as North Dakota State University is prohibited. Newly constructed buildings, like the Sanford Health Athletic Complex, are required to comply with the
ADA’s program accessibility requirements and be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
"Protecting access for individuals with disabilities will continue to be a priority for the District of North Dakota," said U.S. Attorney Wrigley. "North Dakota State University cooperated throughout this investigation and I commend its commitment to take swift remedial action to address all ADA violations when these barriers to accessibility were brought to its attention," adding that "the SHAC is a marvelous venue, and this settlement will help ensure access for all to enjoy the hosted events in comfort."
This matter was handled by Assistant U.S. Attorneys Melissa H. Burkland and Tara Vavrosky Iversen of the District of North Dakota.
2020 marks the 30th Anniversary of the ADA. The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. The Justice Department will continue to use its enforcement and technical assistance tools to eliminate discrimination against individuals with disabilities. Any member of the public who wishes to file a complaint alleging that any place of public accommodation or public entity in North Dakota is not accessible to persons with disabilities may file a complaint online at ada.gov or contact the U.S. Attorney’s Office at 701-297-7400.
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U.S. Attorney’s Office Promotes Elder Justice Initiative with Live Interactive Telephone Town HallRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania is promoting the Department of Justice’s Elder Justice Initiative throughout the Middle District, announced U.S. Attorney David J. Freed. On January 28, 2020, the Middle District partnered with the FBI and AARP to raise awareness and to educate older adults about the latest scams so they do not fall victim. Over 9,500 seniors in Pennsylvania participated in an interactive telephone town hall as part of the Department of Justice’s Elder Justice Initiative. U.S. Attorney Freed and representatives from FBI and AARP conducted the town hall.
Scammers are targeting seniors at an alarming rate. Statistics collected by the FBI’s Internet Crime Complaint Center show that victims of all ages lost over $2.7 billion dollars to fraud in 2018, with victims over the age of 60 accounting for $649,227,724 of those losses. According to the same statistics, in Pennsylvania, over 10,500 people lost more than $62 million dollars, putting Pennsylvania in the top ten states by number of victims.
The DOJ Elder Justice Initiative aims to combat elder financial exploitation by expanding efforts to investigate and prosecute financial scams that target seniors; educating older adults on how to identify scams and avoid getting ripped off by scammers; and promoting greater coordination with law enforcement partners.
Some examples of financial frauds targeting seniors discussed during the town hall were:
- Social Security impostor schemes: defraud victims by posing as Social Security Administration agent and claiming that there is an issue with the victims’ account;
- IRS impostor schemes: defraud victims by posing as IRS agents and claiming that victims owe back taxes;
- Lottery phone scams: callers convince seniors that a large fee or taxes must be paid before one can receive lottery winnings;
- Romance scams: lull victims to believe that their online paramour needs funds for a U.S. visit or some other purpose;
- Grandparent scams: convince seniors that their grandchildren have been arrested and need bail money;
- Tech support scams: scammers offer assistance with viruses or malware they claim were detected on the victim’s computer; and
- Grant scams: scammers congratulate you on your eligibility to receive a free grant to pay for education costs, home repairs, unpaid bills, etc., then ask for your checking account information so they can deposit your grant directly into your account or cover a one-time processing fee.
Below are some tips shared with participants during the town hall on how to avoid falling victim to a financial scam:
- Don’t share personal information with anyone you don’t know.
- Don’t pay a fee for a prize or lottery winning.
- Don’t click on pop-up ads or messages.
- Don’t send gift cards, checks, money orders, wire money, or give your bank account information to a stranger.
- Don’t fall for a high-pressure sales pitch or a lucrative business deal.
- Delete phishing emails and ignore harassing phone calls.
- If a scammer approaches you, take the time to talk to a friend or family member.
- Keep in mind that if you send money once, you’ll be a target for life.
- Remember, it’s not rude to say, “NO.”
- A good rule of thumb is, if it sounds too good to be true, it’s likely a scam.
Attacking exploitation and fighting fraud are two priorities of the Middle District, and the U.S. Attorney’s office is committed to aggressively pursuing individuals who engage in such acts. Some recent prosecutions include:
The Middle District of Pennsylvania charged Omoefe Okoro, a citizen of Canada, and others for allegedly engaging in an attorney “collection scam” in Ontario, Canada, and the United States. In particular, Okoro and his co-conspirators are alleged to have conducted a scheme in which they contacted businesses and individuals, including elderly victims, and requested, among other things, to collect an outstanding debt. The suspects, posing as the third party, then sent a counterfeit check to the victim for deposit and requested that the victim wire funds to an account overseas, typically in Japan, South Korea, or China. Canada surrendered Okoro to the United States and he is currently scheduled for trial on March 2, 2020.
The Middle District also prosecuted Jenmariey Burchell, a 26-year-old Jamaican citizen for her part in a scheme to defraud senior citizens that were falsely told they had won multi-million dollar international sweepstakes prizes. The purported winners were directed to send Western Union and MoneyGram money transfers, money orders and checks to persons known as “money mules,” ostensibly to pre-pay taxes and other fictitious expenses, in order to collect the non-existent cash prizes. Burchell enlisted the “money mules” to receive and transfer the fraud proceeds to him and other conspirators in Jamaica. Burchell ultimately received a sentence of 51 months’ imprisonment on November 12, 2019.
The Department of Justice announced first-of-its-kind steps yesterday, to stop hundreds of millions of predatory robocalls every month from entering the United States to perpetrate costly imposter scams against Americans, including many older victims. The civil actions are aimed at shutting down firms in Long Island, New York, and Scottsdale, Arizona, that provide internet services and act as “gateway carriers” for calls from overseas, mostly from India. The actions come after Americans in 2019 endured a record-shattering 58.5 billion robocalls, of which 25.9 billion were scams.
Elder abuse includes physical abuse, caregiver neglect, financial exploitation, psychological abuse, sexual abuse, and abandonment. For help, you can contact the Victim Connect Hotline between 9am-6pm, Monday through Friday, at: 1-855-4VICTIM (1-855-484-2846) or contact the FBI Internet Complaint Center at www.ic3.gov or 1-800-Call FBI. Elder fraud complaints may be filed with the FTC at www.ftc.gov or at 877-FTC-HELP. You may also contact the AARP Fraud Watch Network free helpline at 1-877-908-3360 to report a scam.
For more information about the Elder Justice Initiative, please visit: https://www.justice.gov/elderjustice. To get tips to avoid scams and fraud text FWN to 50757 to receive biweekly alerts from the AARP Fraud Watch Network.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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U.S. Attorney Trutanich's Statement on the Expiration of Fentanyl SchedulingRead the Press Release
U.S. Attorney Nicholas A. Trutanich issued the following statement:
"Fentanyl is a powerful synthetic opioid that is 40 to 60 times more potent than heroin. A small amount can cause a fatal overdose. The scheduling of fentanyl (and fentanyl-related substances) has assisted U.S. Attorney’s Offices nationwide with prosecuting drug traffickers who poison our streets and neighborhoods. Traffickers line their pockets at the expense of our mothers, fathers, sisters, brothers, friends, and neighbors. In Nevada, for example, a drug trafficker was brought to justice after she sold a prescription pill laced with fentanyl to an individual who died from an overdose.
"The U.S. Attorney’s Office for the District of Nevada will continue to work closely with our law enforcement partners to stem the opioid crisis. Law enforcement needs all the resources and tools available to combat this deadly drug epidemic. But without appropriate legislation before the DEA’s temporary scheduling of fentanyl analogues expires on February 6, 2020, prosecutors and law enforcement would lack a critical legal tool to attack the opioid crisis. The proposed Stopping Overdoses of Fentanyl Analogues legislation can help save thousands of American lives."
U.S. Attorney Scott Brady Statement on Expiration of Fentanyl Analogue Emergency SchedulingRead the Press Release
Every year thousands of Americans overdose on fentanyl, a laboratory-created opioid that is 50 times stronger than heroin. Fentanyl is often smuggled into the United States from China and Mexico, and because fentanyl is made in a lab, chemists can change its structure to create what are known as “fentanyl analogues.” These analogues, which can be thousands of times more potent than heroin, benefit drug traffickers looking to profit from addicts always in search of a stronger product.
Before 2018, fentanyl analogues could only be prosecuted under the Controlled Substances Analogue Enforcement Act, which was a cumbersome process that typically required extensive expert testimony and analysis to prove that the chemical structure of the analogue was “substantially similar” to a controlled substance. This provided an advantage to drug traffickers: each new formula—even ones with a single molecular change— required substantial extra resources to prove it was illegal.
In 2018, in an effort to remove this hurdle, the Drug Enforcement Administration (DEA) temporarily classified all fentanyl analogues as Schedule I drugs. The emergency scheduling – limited to a two-year period -- also made the fentanyl analogues subject to stiff statutory mandatory minimum sentences. This classification provided U.S. Attorneys and law enforcement with the ability to keep pace with the drug traffickers flooding our communities with deadly analogues.
But without Congressional action, the DEA’s temporary classification will expire on February 6, 2020. Two weeks ago, the United States Senate unanimously passed a 15-month extension of the classification. Later this week, the House of Representatives will consider legislation extending the temporary order as well. The House should vote to enact this critical legislation.
If the House fails to enact the law, the whack-a-mole game will resume. Drug traffickers will develop fresh formulas of deadly drugs, and by the time a new formula is identified and criminalized, the traffickers will move on to the next one. The cartels will profit, and our communities will suffer.
Two recent cases in the Western District of Pennsylvania illustrate the danger of the analogues. In August 2017, Pittsburgh Police and SWAT officers searched a Pittsburgh residence they suspected of being a stash house for fentanyl and other drugs. During the search, a table with powdered drugs, including a fentanyl analogue called cyclopropyl, was accidentally overturned, sending large amounts of drugs into the air. From just that exposure, several police officers were taken to UPMC Mercy Hospital as a precautionary measure. Fortunately, no one suffered serious injuries from that incident.
But not all encounters with fentanyl analogues in the District have been so fortunate. For example, in September 2019, eight people at a party on the South Side of Pittsburgh overdosed on drugs that contained cocaine and acetyl fentanyl, another analogue. Three people died before emergency responders arrived, and several others were hospitalized due to exposure to the drugs.
In both of these cases, the ban of analogues helped to protect our community by providing a legal basis to prosecute these drug traffickers. Without the ban, holding individuals and organizations that distribute fentanyl analogues accountable would be difficult, if not impossible. The cartels know this, and if the temporary scheduling lapses, we can expect a flood of new, legal formulas of fentanyl.
Of course, not everyone in the community supports the legislation to extend the temporary ban. Some advocacy groups see the ban as falling short of addressing the underlying causes of substance abuse in the first place. To these groups, extending the temporary ban is simply not enough to address the crisis.
There’s no doubt that a coordinated, cross-community effort is needed to combat the opioid crisis. Although criminalizing fentanyl analogues is only one component in this fight, it is an important one. And, if the House fails to act now in the hopes of reaching a comprehensive solution to the crisis, it will be effectively legalizing new fentanyl analogues. Such a move will only serve to harm our communities, which deserve protection today. For that reason, members of the House of Representatives should join their Senate colleagues in unanimously passing this legislation.
U.S. Attorney Ron Parsons Statement on Pending Expiration of Emergency Prohibition of Fentanyl AnaloguesRead the Press Release
“There is no legitimate reason for anyone to possess or distribute fentanyl analogues. They are weapons of mass destruction, capable of killing a human being almost immediately upon ingestion or contact in extremely minute amounts.”
The opioid crisis has impacted almost every community in South Dakota. In an effort to combat this deadly drug epidemic, the Drug Enforcement Administration used its statutory authority in February 2018 to issue a temporary emergency two-year order that made all fentanyl-related substances illegal. Working hand-in-hand with federal, state, local, and tribal law enforcement here in South Dakota, this office has vigorously prosecuted anyone caught trafficking in fentanyl or fentanyl-related substances. Nationally, as well as locally, we have seen a substantial supply impact from DEA’s temporary scheduling of fentanyl-related substances during the past two years, with a 50 percent decrease in fentanyl-related substances encountered across the United States.
However, the DEA’s emergency prohibition of fentanyl analogues expires at midnight on February 6, 2020, unless Congress acts to extend it. This is a looming catastrophe. Fentanyl and its analogues are responsible for dozens of overdoses and multiple deaths in South Dakota. Without action by Congress, law enforcement will not have all of the tools needed to protect South Dakotans from the onslaught of these extraordinarily dangerous substances.
Fentanyl and its chemical analogues are illegally distributed in the United States through two primary methods. Many are designed and manufactured in China, ordered over the Dark Web by drug dealers, and then shipped to them using the U.S. mail and private delivery companies. Increasingly, however, the Mexican cartels responsible for making most of the methamphetamine and heroin smuggled across our southern border and sold in the U.S. have begun making fentanyl and related substances themselves and selling them through their distribution networks.
There is no legitimate reason for anyone to possess or distribute fentanyl analogues. They are weapons of mass destruction, capable of killing almost immediately upon ingestion or contact in extremely minute amounts.
On behalf of the United States Department of Justice, I am urging Congress to give us the tools we need to continue our efforts against the distribution of fentanyl analogues here in South Dakota. This fight is far from over. We need every tool we have to target these fatally dangerous drugs. Congress must take action immediately to extend the scheduling of these dangerous substances.
U.S. Attorney Peter E. Deegan, Jr., Statement on Pending Expiration of Emergency Regulation of Fentanyl AnaloguesRead the Press Release
“In their continual display of greed without remorse, drug cartels have exploited the American opioid crisis for profit. In the past five years, cartels have expanded from producing heroin to even more potent substances like fentanyl. And then to fentanyl-like substances. Fentanyl is 30 to 50 times more potent than heroin. These fentanyl-like substances are often even more potent than fentanyl and are usually cheaper or easier to manufacture than fentanyl and heroin.
“A significant tool in the fight against cartel greed and violence is set to expire February 6, 2020, unless Congress acts soon. This tool is a federal regulation that made all fentanyl-related substances controlled substances. The fatal consequences of these regulated substances and cartel greed are not only felt in border-states or major cities. These substances have been involved in dozens of overdose deaths in Iowa since 2015. The existence of a clear, direct regulation of fentanyl-related substances has no doubt slowed their production and proliferation. Allowing the regulation to expire risks emboldening cartels to expand production of these substances.
“My office has been aggressive in prosecuting cases involving fentanyl-related substances. We have prosecuted over a dozen such cases since 2016 and many more involving heroin and fentanyl. Several of those cases have involved overdose deaths from people using mere crumbs of these deadly substances. We firmly believe that recovery is possible for those struggling with opioid addiction. Sadly, these fentanyl-related substances have cut short the opportunity for recovery for too many Iowans.
“Law enforcement needs effective tools to combat this evolving and deadly challenge. The soon-expiring regulation removes critical roadblocks to prosecuting those who distribute these fentanyl‑related substances. Now is not the time to give profit-seeking cartels additional incentive to produce even more addictive and deadly drugs to sell to Americans. Congress must take action immediately to extend the ban on these deadly drugs. I strongly urge Congress to do so before a new wave of more addictive and even deadlier drugs hits the American streets.”
U.S. Attorney Kurt G. Alme Statement on Pending Expiration of Emergency Prohibition of Fentanyl AnaloguesRead the Press Release
“The emergency prohibition of fentanyl analogues expires on Feb. 6 without congressional action. Fentanyl and its analogues are responsible for at least 31 overdose deaths since 2015 in Montana. Unless Congress acts, law enforcement will not have the tools it needs to protect Montana families from the onslaught of these extraordinarily dangerous substances.
“We are seeing a transition in the source of fentanyl finding its way into Montana communities. Instead of fentanyl from China in relatively small amounts, law enforcement officials are now intercepting loads of Mexican cartel-produced fentanyl. The cartels are using their established and prolific distribution networks to deliver fentanyl – a substance that is exponentially more dangerous than heroin. We continue to be very aggressive in prosecuting these cases.
“Although fentanyl prosecutions are still a very small part of the illicit drug problem in Montana, its potency makes it a significant threat. Fentanyl is 80 to 100 times stronger than morphine, and some of its analogues are stronger yet. According to the Drug Enforcement Administration, drug dealers often add fentanyl to heroin and methamphetamine to increase the potency of those illicit drugs, which can be deadly. In 2017, two Bozeman residents died and five more overdosed after they consumed counterfeit OxyContin tablets that contained a powerful fentanyl analogue, carfentanil. These substances are a threat to Montanans and must be regulated by Congress.
“I am urging Congress to give us the tools we need to continue our efforts against the distribution of fentanyl and its analogues here in Montana. We need every tool we have to target this growing threat. Congress must take action immediately to extend the scheduling of these dangerous substances.”
Background: In an effort to combat this deadly drug epidemic, DEA issued a temporary emergency two-year order in February 2018 that made all fentanyl-related substances illegal. Our country has seen a marked supply impact from DEA’s temporary scheduling of fentanyl-related substances during the past two years, with a 50 percent decrease in fentanyl-related substances encountered across the United States. However, DEA’s emergency authority expires at midnight on Feb. 6, 2020, unless Congress acts to extend it.
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U.S. Attorney Jay E. Town Statement on Closing of Holman FacilityRead the Press Release
“The Department of Justice learned this morning that the Holman facility was to be closed and that the majority of the prisoners housed in that prison would be transferred to other facilities. I am disappointed that we were not privy to the decision to close Holman at the time such a decision was being considered. We will continue to forge ahead in our good faith negotiations.”
U.S. Attorney Appoints New Senior Leadership TeamRead the Press Release
WHEELING, WEST VIRGINIA – U.S. Attorney Bill Powell has announced some changes to his Senior Leadership Team. While some senior staff will continue to support Mr. Powell in their roles, some personnel changes have taken place in the management of the Wheeling, Martinsburg, Clarksburg, and Elkins offices.
The Senior Leadership Team are First Assistant U.S. Attorney Randolph J. Bernard, Administrative Officer Fawn E. Thomas, Civil Division Chief Sharon L. Potter, Criminal Division Chief Stephen L. Vogrin, Clarksburg Branch Office Supervisor Andrew R. Cogar, and Martinsburg Branch Office Supervisor Erin Reisenweber.
“I am excited about our new leadership team. Though all organizations lose experience when key personnel retire, the newly appointed members of the management team have all spent months preparing themselves for the jobs they have now assumed. I know that our district is in very capable hands, and I am proud to work with each and every one of them,” said Powell.
Sharon L. Potter has returned to the Northern District of West Virginia office as the Civil Division Chief. Ms. Potter is a former U.S. Attorney and Assistant U.S. Attorney for the district, handling financial fraud/tax investigations, health care fraud and violent and drug crimes. Previously, she was a partner at Spilman, Thomas, & Battle, PLLC.
Newly appointed Criminal Division Chief Stephen L. Vogrin has served as an Assistant U.S. Attorney for the past eight years in the district. In the past year and half, he served as the Criminal Division Supervisor for the Wheeling office. Mr. Vogrin has decades of prosecutorial experience, serving as a former Assistant Prosecuting Attorney in Ohio County prior to his time in the U.S. Attorney’s Office.
Assistant U.S. Attorney Andrew R. Cogar has been appointed as the new Branch Office Supervisor for the Clarksburg office. Since joining the U.S. Attorney’s Office in 2007, Mr. Cogar has prosecuted white collar crimes, drug and violent crimes, firearm offenses, and public corruption. He also co-founded and co-chairs the West Virginia Human Trafficking Task Force, and recently served as Senior Litigation Counsel in the U.S. Attorney’s Office. Mr. Cogar previously served as a trial attorney in the Civil Rights Division of the Department of Justice in Washington, D.C.
Erin K. Reisenweber will serve as the Branch Office Supervisor for the Martinsburg office. Ms. Reisenweber has served as an Assistant U.S. Attorney in the district for the past 13 years. She previously served as the Deputy in Charge of the U.S. District Clerk’s Office in Martinsburg, as well as a law clerk for the Hon. W. Craig Broadwater in the U.S. District Court for the Northern District of West Virginia.
Assistant United States Attorney Randolph J. Bernard will continue in his role as First Assistant United States Attorney. Mr. Bernard previously served as the Chief of the Criminal Division. Mr. Bernard joined the office in 2002. Mr. Bernard has also served as the District Office Security Manager. Before becoming an Assistant United States Attorney, Mr. Bernard served as a Special Agent with the Federal Bureau of Investigation in the Wheeling, West Virginia Resident Agency. Prior to the FBI, he was a litigator with Coolidge, Wall, Womsley & Lombard in Dayton, Ohio.
Fawn E. Thomas will continue in her role as Administrative Officer, serving as the Chief of the Administrative Division and as the primary advisor to the United States Attorney for planning and managing all office resources. Ms. Thomas has been with the office since 1983. Prior to her appointment as Administrative Officer, she served as the Public Affairs Specialist and the Human Resource Specialist. Ms. Thomas was previously an EEO Investigator for the Executive Office for United States Attorneys and an Evaluation and Review Staff Evaluator. Ms. Thomas also served on the Administrative Officers’ Working Group.
Two sentenced for roles in oxycodone distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Two people were sentenced today for their roles in a drug distribution operation, U.S. Attorney Bill Powell announced.
Michael Wesley, also known as “Black” and “Big Flea,” was sentenced today to 151 months incarceration. Wesley, age 48, pled guilty to one count of “Distribution of Oxycodone” in October 2019. Wesley admitted to selling oxycodone in January 2017 in Monongalia County.
Tiffany Edwards, of Westover, West Virginia, was sentenced to 12 months and one day incarceration. Edwards, age 38, pled guilty to one count of “Money Laundering Conspiracy” in October 2019. Edwards admitted to handling financial transactions that involved money made from the distribution of oxycodone from the summer of 2013 to June 2017 in Monongalia County and elsewhere.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the cases on behalf of the government. The Mon Metro Drug and Violent Crime Drug Task Force, a HIDTA-funded initiative, led the investigation. The Task Force consists of the U.S. Drug Enforcement Administration. the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, Monongalia County Sheriff’s Office, Morgantown Police Department, the Star City Police Department, the West Virginia State Police, the West Virginia University Police Department, the Granville Police Department, and the Monongalia County Prosecuting Attorney’s Office.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Senior U.S. District Judge Irene M. Keeley presided.
Two Mexican Drug Traffickers Charged with the Murder of A Mexican Soldier and Conspiring to Import Cocaine into the United StatesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Raymond P. Donovan, Special Agent in Charge of the New York Division of the U.S. Drug Enforcement Administration (“DEA”), announced that GERMAN GOMEZ-CASTRUITA and BENJAMIN CONTRERAS-RANGEL were charged in a criminal complaint in Manhattan federal court with conspiring to import cocaine into the United States, murdering a Mexican military officer in the course of the cocaine importation conspiracy, and related weapons offenses involving the use and possession of machineguns.
Manhattan U.S. Attorney Geoffrey S. Berman said: “German Gomez-Castruita and Benjamin Contreras-Rangel were allegedly part of a brazen attempt to land a plane full of cocaine on a remote highway in Mexico. When Mexican authorities interceded, the defendants allegedly opened fire with automatic weapons, murdering a member of the Mexican military in the process. We mourn the senseless loss of a military officer committed to justice; and I commend our law enforcement partners for their courageous efforts in bringing these two allegedly dangerous drug traffickers to face criminal charges in the U.S.”
DEA Special Agent in Charge Raymond P. Donovan said: “The murder of SEDENA Corporal Emiliano Medina-Ramirez is devastating to law enforcement worldwide and is symbolic of the risks law enforcement encounter in the line of duty. Violence follows drug trafficking to every country, city, and state. The defendants’ desperate attempts to shoot their way out of arrest failed and the fallout has led them to face the U.S. rule of law. I commend our law enforcement partners in Mexico on this significant seizure and their pursuit to dismantle drug trafficking organizations responsible for fueling countless overdose deaths. And, DEA sends our deepest condolences to Corporal Medina-Ramirez’ family and colleagues at SEDENA.”
As alleged in the Complaint unsealed in federal court[1]:
On or about January 27, 2020, DEA agents began tracking an aircraft traveling northbound from the Caribbean Coast of Venezuela. The aircraft landed on a remote highway in the Mexican State of Quintana Roo. Military Officers with Mexico’s Secretaría de la Defense Nacional (“SEDENA”) met the aircraft near its landing location. Once there, SEDENA personnel observed a large number of vehicles and individuals involved in unloading the aircraft’s cargo.
Several individuals, including GOMEZ-CASTRUITA and CONTRERAS-RANGEL, then engaged in a shootout with the SEDENA officers. In the course of the shooting, SEDENA Corporal Emiliano Medina-Ramirez was killed and three other SEDENA officers were injured. Following the shootout, GOMEZ-CASTRUITA and CONTRERAS-RANGEL and others fled into the nearby jungle. GOMEZ-CASTRUITA and CONTRERAS-RANGEL were subsequently apprehended. Law enforcement searched the vehicles near the aircraft and recovered, among other things, approximately 750 kilograms of cocaine, three assault rifles, and a large amount of ammunition.
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GOMEZ-CASTRUITA, 37, of Mexico, CONTRERAS-RANGEL, 36, of Mexico, are charged with (1) conspiring to import cocaine into the United States, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison; (2) murder while engaged in a narcotics importation conspiracy, which carries a mandatory minimum sentence of 20 years and a maximum sentence of death; (3) using and carrying a firearm during and in relation to a drug trafficking crime resulting in death, which carries a maximum sentence of death; (4) using and carrying machineguns and destructive devices during, and possessing machineguns and destructive devices in furtherance of, the cocaine importation conspiracy, which carries a mandatory consecutive minimum sentence of 30 years and a maximum sentence of life in prison; and (5) conspiring to use and carry machineguns and destructive devices during, and to possess machineguns and destructive devices in furtherance of, the cocaine importation conspiracy, which carries a maximum sentence of life in prison.
Mr. Berman praised the outstanding investigative work of the DEA’s New York Field Division, DEA’s Merida Resident Office, DEA’s Bogota Country Office, and the investigative work and heroic actions of Mexico’s Secretaría de la Defense Nacional.
The case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorneys Michael K. Krouse, Stephanie Lake, Daniel G. Nessim, Benjamin W. Schrier, and Kyle A. Wirshba are in charge of the prosecution.
The charges contained in the Complaint are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint and statements and filings in court set forth herein, constitute only allegations, and every fact described herein should be treated as an allegation as to the defendants charged in the Complaint.