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Monday 2 December 2019
Pittsburgh Man Pleads Guilty to Drug Charge Related to GBK InvestigationRead the Press Release
PITTSBURGH - A resident of Pittsburgh, PA, pleaded guilty in federal court to a charge of conspiracy to distribute crack cocaine, United States Attorney Scott W. Brady announced today.
Cecil Howard, age 48, pleaded guilty to one count before Senior United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that in 2017, the Federal Bureau of Investigation and the Drug Enforcement Administration initiated a wiretap investigation, primarily targeting the GBK street gang and drug trafficking in and around an area known as the Greenway Projects, located in the West End of the City of Pittsburgh. The wiretap investigation revealed that from in and around November 2017 through in and around June 2018, Howard and his co-conspirators distributed more than 28 grams of crack cocaine in and around the area of the Greenway Projects.
Judge Schwab scheduled sentencing for April 21, 2020 at 10:00 a.m. The law provides for a total sentence of not less than 5 years and up to 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Pending sentencing, the court continued the defendant’s detention.
Assistant United States Attorneys Tonya Sulia Goodman and Yvonne Saadi are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Drug Enforcement Administration jointly led the multi-agency investigation, which also included the Pittsburgh Bureau of Police, Allegheny County Sheriff’s Office, Pennsylvania State Police, Robinson Township Police Department, Stowe Township Police Department, Pennsylvania Attorney General’s Office, Wilkinsburg Borough Police Department, and the McKees Rocks Police Department, that led to the prosecution of Cecil Howard.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Pittsburgh Felon Sentenced for Unlawfully Possessing a FirearmRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 30 months’ imprisonment and three years’ supervised release on his conviction of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
United States District Judge Marilyn J. Horan imposed the sentence on Monte Barry, 22.
According to information presented to the court, Barry unlawfully possessed a Taurus, Model PT 24/7 G2, 9mm handgun that was loaded with 17 rounds of ammunition. The Court was further informed that Barry was previously convicted in the Court of Common Pleas of Allegheny County of robbery, robbery of a motor vehicle, and other crimes, and was sentenced to 3 to 6 years in state prison and had been released on parole less than three months beforehand. Barry’s prior convictions deem him a person who is prohibited from lawfully possessing a firearm or ammunition under federal law, and as such, the defendant was also ordered to forfeit the firearm charged in the instant offense.
Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wilkinsburg Police Department conducted the investigation that led to the successful prosecution of Barry.
This case was brought as a part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Pittsburgh Felon Pleads Guilty to Cocaine Trafficking Offenses, Money Laundering, and Unlawful Possession of 32 Firearms, Including an AK-47 Semi-Automatic Rifle and a Fully Automatic M16 MachinegunRead the Press Release
PITTSBURGH –A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to one count of conspiracy to distribute and possess with intent to distribute cocaine, one count of distribution of and possession with intent to distribute cocaine, two counts of money laundering, and one count of possession of firearms and ammunition by a convicted felon, United States Attorney Scott W. Brady announced today.
Anthony Bentley, a/k/a Poundcake, 44, pleaded guilty before United States District Judge David S. Cercone.
During his plea hearing, Bentley admitted that between at least May 2015 and continuing until January 2016, he engaged in a drug trafficking conspiracy involving 500 grams or more of powder cocaine, and that on October 20, 2015, he distributed approximately 489 grams of cocaine to a cooperating informant. Bentley further admitted that he laundered the proceeds of his cocaine trafficking through certain financial transactions related to his purchase of real estate in the Pittsburgh area, including a $156,649.01 cashier’s check used to purchase a commercial property at 3618 Laketon Road on May 23, 2014, and a $20,000 payment toward the purchase of a residence at 130 Curtis Street on July 8, 2015. Bentley, a previously convicted felon, also admitted to unlawfully possessing weapons and ammunition recovered during the searches of properties he owned or controlled. Recovered firearms included an AK-47 semi-automatic rifle and an M16 fully automatic machinegun.
Pursuant to a written plea agreement, Bentley also accepted responsibility for engaging in money laundering in connection with three additional real estate transactions, as well as possessing a machinegun. Bentley also agreed to forfeit, among other things, approximately $218,000 in cash seized during a search of his home.
Judge Cercone scheduled sentencing in this case for April 22, 2020, at 11 a.m.
Bentley faces a mandatory minimum sentence of five years’ imprisonment and a maximum sentence of 40 years’ imprisonment, as well as a fine of $5,000,000, for the conspiracy charge; a maximum sentence of 20 years’ imprisonment and a fine of $1,000,000 for the distribution charge; a maximum sentence of 10 years’ imprisonment and a fine of $250,000 for the money laundering
charge involving the Laketon Road property; a maximum sentence of 20 years’ imprisonment and a fine of $500,000 for the money laundering charge involving the Curtis Street property; and a maximum sentence of 10 years’ imprisonment and a fine of $250,000 for the felon-in-possession charge. Under the Federal Sentencing Guidelines and applicable statutory framework, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.
Assistant United States Attorney Eric G. Olshan is prosecuting this case on behalf of the government.
A federally administered Organized Crime and Drug Enforcement Task Force (OCDETF) conducted the investigation leading to the Indictment in this case. The task force comprises members drawn from federal law enforcement agencies, including the Drug Enforcement Administration, Homeland Security Investigations, Internal Revenue Service – Criminal Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, in partnership with state and local law enforcement agencies, including the Allegheny County Police Department, Pittsburgh Bureau of Police, and the Pennsylvania State Police. 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.
Peoria Woman Sentenced to 15 Months in Federal Prison for Healthcare FraudRead the Press Release
SPRINGFIELD, Ill. – Erica Miller, 47, of Peoria, Ill., has been ordered to serve 15 months in prison for healthcare fraud. U.S. District Judge Sue Myerscough further ordered that Miller pay restitution in the amount of $101,960. Miller was immediately taken into custody following the sentencing hearing on November 22, 2019.
Miller pleaded guilty on July 11, 2018, to one count of health care fraud. According to court documents, between June 11, 2010, and November 5, 2015, Miller was paid by the Illinois Home Services Assistance Program to be a personal assistant for a person with a disability. The Illinois Home Service Assistance Program is partially funded through the federal Medicaid program.
According to her plea, Miller, who was required to perform tasks that assist with daily living activities in a person’s home, failed to do so and repeatedly submitted time sheets for services she did not perform. Miller also submitted several time sheets while she was serving a sentence of imprisonment in the Illinois Department of Corrections and while on parole following her release. As a result of the fraud, the Illinois Home Service Assistance Program suffered a loss of over $101,960.
Assistant U.S. Attorney Gregory K. Harris prosecuted the case, which was investigated by the Office of Inspector General, Health and Human Services, Federal Bureau of Investigation and the Illinois State Police Medicaid Fraud Control Unit.
Pastor and President of Louisiana Religious College Charged with Sexual AssaultRead the Press Release
NEWARK, N.J. – The president of a bible college will appear in court today on charges he sexually assaulted a student on an international flight bound for Newark, U.S. Attorney Craig Carpenito announced.
Cornelius Tilton, 65, of New Orleans, Louisiana, was charged by complaint with one count of abusive sexual contact after being arrested by FBI agents on Nov. 30, 2019, when the flight, which departed from Tel Aviv, Israel, arrived at Newark Liberty International Airport. He is scheduled to appear this afternoon before U.S. Magistrate Judge James B. Clark III in Newark federal court.
According to documents filed in this case and statements made in court:
Tilton was sitting in a window seat next to the victim, a 19-year-old male student at a theological seminary who was traveling with a group of students on a religious trip to Israel. Tilton accompanied the group as an unofficial guide and gave speeches.
During the flight, Tilton allegedly placed his hand on the victim’s bare calf. Tilton continued to touch the victim’s thigh, and eventually began rubbing the victim’s genitals over the victim’s shorts. The victim did not react, or look at Tilton, out of shock and fear. Tilton took the victim’s hand and placed it on Tilton’s erect penis, on top of his clothing. The victim got up to go to the bathroom, in hopes of ending the assault. Tilton also went to the bathroom. When the victim and Tilton were back in their seats, Tilton continued to touch the bare skin of the victim’s lower back, underneath the victim’s clothing. Tilton moved his hand around to the front of the victim’s waistline, and attempted to place his hand down the victim’s pants, when the victim blocked Tilton’s hand with his elbow. The victim then got up from the seat and informed a flight attendant about the assault.
The charge of abusive sexual contact carries a maximum sentence of two years in prison or a fine of up to $250,000, or both.
U.S. Attorney Craig Carpenito credited special agents of the FBI, under the direction of Special agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Andrew Macurdy of the U.S. Attorney’s Office Criminal Division in Newark.
The charge and allegations in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Ohio Man Pleads Guilty to Role in Akron to Huntington Meth ConspiracyRead the Press Release
HUNTINGTON, W.Va. – An Ohio man pled guilty today in federal court for his role in a conspiracy that involved large quantities of methamphetamine which were transported from Akron and sold in West Virginia, announced United States Attorney Mike Stuart. Marquis Allen Pritchett, 22, pled guilty to conspiracy to distribute 500 grams or more of methamphetamine.
“Earlier this year, my office indicted more than 20 individuals who participated in this Akron to West Virginia meth trafficking network,” said United States Attorney Mike Stuart. “Shuttering drug trafficking organizations is critical to disrupting the supply of these deadly drugs coming into our state. We are working with our law enforcement partners to hold drug dealers accountable.”
Pritchett admitted that between June and August of 2019, he participated with multiple individuals to distribute methamphetamine in the Southern District of West Virginia. During the conspiracy, Pritchett obtained large quantities of methamphetamine which were transported from Akron to be sold in multiple cities in West Virginia including Hurricane and Charleston. Pritchett admitted that he supplied methamphetamine to other West Virginia based meth dealers on a recurring basis and that he was aware the methamphetamine he sold would be re-distributed in West Virginia. As part of his plea agreement, Pritchett admitted that he was responsible for distributing up to 1.5 kilograms of methamphetamine.
Pritchett faces 10 years to life in prison when sentenced on March 2, 2020.
This joint investigation was spearheaded by the Federal Bureau of Investigation (FBI). Other agencies which participated and assisted in the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Ona Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Unit, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department, and the Brecksville, Ohio Police Department. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph F. Adams is handling the prosecution.
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Mitchell Man Sentenced for Sexual Exploitation of a ChildRead the Press Release
United States Attorney Ron Parsons announced that a Mitchell, South Dakota, man convicted of Sexual Exploitation of a Child was sentenced on December 2, 2019, by U.S. District Judge Karen E. Schreier.
Walter “Wally” Joseph Jandreau, age 36, was sentenced to 210 months in federal prison, 10 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Jandreau was indicted by a federal grand jury on November 6, 2018. He pled guilty on July 25, 2019.
The conviction stemmed from incidents between July 16, 2018, and July 23, 2018, when Jandreau knowingly coerced a minor to engage in sexually explicit conduct with him, for the purpose of producing visual depictions of such conduct. While the sexually explicit conduct was occurring, Jandreau used his cell phone to take pictures and produced them using materials that had been mailed, shipped, and transported in interstate and foreign commerce, including a computer.
“This defendant engaged in truly despicable conduct,” said U.S. Attorney Parsons. “He deserves every minute of every day of the long federal prison sentence issued to him by the Court.”
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Jandreau was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Accessory After the FactRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Accessory After the Fact was sentenced on November 27, 2019, by U.S. District Judge Roberto A. Lange.
Jesse J. Waukechon, age 22, was sentenced to 8 months in federal prison, 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Waukechon was indicted by a federal grand jury on June 12, 2018. He pled guilty on August 26, 2019.
The conviction stemmed from an incident that occurred on June 3, 2018, in Mission, South Dakota. On that date, Waukechon and a male relative were at the Sunrise Apartment Complex in Mission, South Dakota, where they were working on a vehicle. An argument ensued between Waukechon and the victim. Waukechon and his relative subsequently got into his vehicle and began to leave the scene. The victim threw a can of beer at Waukechon’s vehicle. Waukechon stopped the vehicle and his relative produced a pistol, opened the passenger door and fired two rounds in the direction of the victim, striking him in the thigh. Waukechon drove from the scene, and assisted in concealing the pistol. Both men later admitted to the location of the pistol, and it was ultimately recovered. The co-defendant was previously sentenced for his role in the shooting. Both men will forfeit their interest in the pistol.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Waukechon was immediately turned over to the custody of the U.S. Marshals Service.
Miami Resident Sentenced to Life in Prison for Sex Trafficking a Minor, Producing Child Pornography and Witness TamperingRead the Press Release
Jason Gatlin, 42, of Miami, was sentenced today to life in prison by U.S. District Judge Rodney Smith, after having been convicted by a trial jury of sex trafficking a minor, producing child pornography and witness tampering (Case No. 19cr20163).
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI’s Miami Field Office, and Juan J. Perez, Director, Miami-Dade Police Department (MDPD), made the announcement.
According to the court record, in October of 2018, the defendant met the 17-year-old victim through another 17-year-old girl. Gatlin knew the victim had a history of running away and being trafficked by others for prostitution. Over the course of the next two months, the defendant tricked the victim into believing that he loved her and wanted to marry her. He enticed her with his attention and drugs, gave her money for sex, took photos of them having sex, and lied to her. Gatlin made the victim believe that he wanted to marry her, that he did not want her to prostitute, and that he wanted her to get a real job. Instead, after gaining her trust, Gatlin bought the victim a cell phone that was used to set up prostitution dates, transported her to motels, and rented motel rooms for her so that she could commit prostitution, and harbored her for days in the Keys while she was advertised on an escort website. Then, at the end of November, when Gatlin felt that victim was not living up to his rules, he beat her up and left her at a gas station down in the Keys with a swollen face, and bloody, ripped clothes. The victim called the police and the defendant was arrested a few days later.
While incarcerated, Gatlin began bribing the victim into committing perjury. Gatlin had a relative give the victim money and Gatlin promised more money if the victim told the authorities that she was never trafficked by the defendant and never had sex with him. In addition, Gatlin’s relative housed the victim for a short period and then drove her to a defense attorney’s office for her to recant in a sworn statement.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals 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 www.projectsafechildhood.gov.
The case was investigated by the FBI’s Child Exploitation and Human Trafficking Task Force, in partnership with MDPD’s Human Trafficking Squad, and assistance from Monroe County Sherriff’s Office, Plantation Police Department, FBI Chicago, and the Miami-Dade State Attorney’s Office.
U.S. Attorney Fajardo Orshan commended the investigatory efforts of the FBI Miami Child Exploitation Task Force, MDPD, and all those who assisted in this matter. This case was prosecuted by Assistant U.S. Attorneys Jessica Kahn Obenauf and J. Mackenzie Duane. Assistant U.S. Attorney Adrienne Rosen is handling the asset forfeiture aspects of the case.
To report suspected human trafficking or to obtain resources for victims, please call 1-888-373-7888; text “BeFree” (233733), or live chat at HumanTraffickingHotline.org. The toll-free phone, SMS text lines, and online chat function are available 24 hours a day, 7 days a week, 365 days a year. Help is available in English, Spanish, Creole, or in more than 200 additional languages. The National Hotline is not managed by law enforcement, immigration or an investigative agency. Correspondence with the National Hotline is confidential and you may request assistance or report a tip anonymously.
To learn more about the National Resource Hotline visit www.humantraffickinghotline.org. To learn more about the U.S. Department of Justice’s efforts to combat human trafficking visit www.justice.gov/humantrafficking.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Mexican National Sentenced to Federal Prison for Illegally Re-Entering the U.S. and Attempting to Bribe Federal Agents after Getting CaughtRead the Press Release
In San Antonio today, Senior U.S. District Judge David A. Ezra sentenced 32-year-old Mexican National Miguel Posada-Venegas to one year in federal prison for attempting to bribe federal agents and for being in the U.S. illegally, announced U.S. Attorney John F. Bash; Immigration and Customs Enforcement -- Enforcement and Removal Operations (ICE ERO) Field Office Director Daniel Bible in San Antonio; and, U.S. Immigration and Customs Enforcement Office of Professional Responsibility (ICE OPR) Special Agent in Charge Charles Anderson in San Antonio.
On September 4, 2019, Posada-Venegas pleaded guilty to one count of re-entry after deportation and one count of bribery of a public official. According to court records, ICE-ERO officers arrested Posada-Venegas in San Antonio on June 27, 2019. By pleading guilty, the citizen of Mexico admitted that he had previously been removed from the U.S. on February 15, 2012, and had not received permission from the Secretary of Homeland Security to legally re-enter the country. In addition, Posada-Venegas admitted that he attempted to bribe the ICE-ERO officers by offering them $10,000 in U.S. Currency to let him go after they arrested him for illegal re-entry into the U.S.
ICE ERO and ICE OPR investigated this case. Assistant U.S. Attorney Brian Nowinski prosecuted this case on behalf of the government.
Mexican National Living in Centennial Sentenced to Federal Prison for Possession with Intent to Distribute FentanylRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Osvaldo Lugo-Escalante, age 25, of Sinaloa, Mexico, was sentenced today by U.S. District Court Judge Daniel D. Domenico to serve 72 months (6 years) in federal prison for possession with intent to distribute nearly 1,400 grams of fentanyl. He was also ordered to forfeit over $40,000 in cash. Lugo-Escalante appeared at the sentencing hearing in custody, and was remanded at its conclusion.
According to the stipulated facts contained in the plea agreement, in the Spring of 2019 investigators with the Denver Police Department (DPD) Vice/Narcotics division and special agents with Homeland Security Investigations (HSI) determined Lugo-Escalante was actively involved in drug distribution activities in the Denver metro area. On June 26, 2019, a confidential informant contacted the defendant to purchase narcotics. After the call the defendant left his apartment located in Centennial, Colorado, and got into his car. DPD uniform officers then initiated a traffic stop on the vehicle as it pulled away from the apartment. During the subsequent search of the vehicle officers found a Metro PCS box in the driver’s side door compartment, which contained; 1) a clear plastic bag containing 2,048 pills of fentanyl (222.655 grams); 2) a clear plastic bag containing 27.709 grams of cocaine; and 3) a clear plastic bag containing 62.405 grams of heroin.
Later that day officers and agents searched Lugo-Escalante’s apartment. Inside they discovered additional controlled substances, including; 1) several clear plastic bags containing 3,418 pills of fentanyl (391.947 grams); 2) several clear plastic bags containing 6,806 pills of fentanyl (745.091 grams); 3) 501.6 grams of heroin packaged in clear plastic wrap; 4) 250.798 grams of heroin packaged in clear plastic wrap; 5) 506.966 grams of heroin packaged in clear plastic wrap; and 6) several clear plastic bags containing 753.620 grams of cocaine. Investigators also found drug ledgers, a scale, and several bundles of U.S. currency totaling $41,532.00.
In total, investigators seized 12,272 pills of fentanyl (1,359.693 grams), 1,321.769 grams of heroin, and 781.329 grams of cocaine from the defendant’s vehicle and apartment.
Lugo-Escalante was indicted by a federal grand jury in Denver on July 11, 2019. He pled guilty before Judge Domenico on September 3, 2019. He was sentenced today, December 2, 2019.
“Fentanyl is a dangerous drug and can be fatal even in tiny amounts,” said U.S. Attorney Jason Dunn. “Denver Police and HSI were able to remove a substantial amount of fentanyl and other drugs from the streets of Metro Denver, likely saving countless lives.”
“We continue to fight against the devastating impact that opioids have on our communities,” said Steven Cagen, Special Agent in Charge, HSI Denver. “HSI and our local partners, with support from the U.S. Attorney’s office, remain committed to the fight against dealers of fentanyl and other dangerous drugs that have taken too many lives across Colorado.”
This case was investigated by the Denver Police Department and the HSI Denver. The defendant was prosecuted by Assistant U.S. Attorney Conor A. Flanigan.
Mcadoo Man Convicted of Threatening the President and Others, and of Stolen Vehicle and Firearms OffensesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Shawn Christy, age 28, of McAdoo, was convicted on November 26, 2019, by a federal jury on twelve counts involving threats against the President of the United States, transmitting threatening communications, interstate transportation of stolen vehicles, interstate transportation of stolen firearms, interstate transportation of firearms while charged with a felony offense, and unlawful possession of a firearm as a fugitive and as a convicted felon. The seven-day trial was held before U.S. District Court Judge Robert D. Mariani.
According to United States Attorney David J. Freed, the jury deliberated for approximately six hours before finding Christy guilty of all charges.
The evidence showed that arrest warrants were issued for Christy in early June 2018, for his failure to appear for court proceedings in Schuylkill and Northampton Counties, and that while a fugitive Christy posted threats in June 2018 to kill President Trump, Northampton County District Attorney John Morganelli, and any law enforcement officer that sought to detain him.
Christy was apprehended in Ohio on September 21, 2018, after a three-month manhunt by U.S. Marshals, FBI agents, Secret Service agents, and state and local law enforcement from six states. Prosecutors presented evidence that Christy stole and transported two vehicles from Pennsylvania to New York State and West Virginia, stole firearms and transported them from Pennsylvania to Maryland and Kentucky, broke into businesses in Pennsylvania and Maryland, broke into a church in Maryland, and broke into residences in Butler Township, Pennsylvania, and Kentucky.
After the verdict, Judge Mariani ordered a presentence investigation report to be completed and tentatively scheduled sentencing for February 2020. Christy remains in custody pending sentencing.
The case was investigated by the Federal Bureau of Investigation, the United States Secret Service, the United States Marshals Service, U.S. Border Patrol agents, the Pennsylvania State Police, Butler Township Police, Maryland State Police, New York State Police, Allegany County, Maryland Sheriff’s Office, Nitro Police in West Virginia, Richland County Jail Officers in Ohio, Northeastern Ohio Correctional Officials, and the Royal Canadian Mounted Police. Assistant U.S. Attorneys Francis P. Sempa and Sean A. Camoni are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The maximum penalty under federal law for each threat offense is five years’ imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for each interstate transportation of a stolen vehicle offense is 10 years’ imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for each interstate transportation of a stolen firearm offense, and for unlawful possession of a firearm as a fugitive and convicted felon, is 10 years’ imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for each interstate transportation of a firearm while charged with a felony offense is five years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Martinsburg man admits to role in cocaine, heroin, and fentanyl distribution operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Anthony Jones, of Martinsburg, West Virginia, has admitted to his role in a cocaine, heroin, and fentanyl distribution operation, U.S. Attorney Bill Powell announced.
Jones, also known as “Moosa,” age 42, pled guilty to one count of “Unlawful Use of Communication Facility.” Jones admitted to using a phone to arrange a heroin purchase in December 2018 in Berkeley County.
Jones is facing up to four years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara K. Omps-Botteicher, Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, and Assistant U.S Attorney Timothy D. Helman, are prosecuting the case on behalf of the government. The Federal Bureau of Investigation; the West Virginia State Police; the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the Berkeley County Prosecuting Attorney’s Office, the Berkeley County Sheriff’s Office, the Jefferson County Sheriff’s Office, the Martinsburg Police Department, the Charles Town Police Department, and the Ranson Police Department investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Robert W. Trumble presided.
Man Sentenced to Prison for Role in 2017 Armed RobberyRead the Press Release
RICHMOND, Va. – A Glen Allen man was sentenced today to 104 months in prison for his role in a November 2017 armed robbery of a 7-Eleven in Richmond.
According to court documents, Devin Walcott, 21, and two others met in the early morning hours of Nov. 23, 2017, when they planned to travel to Green Top Hunting and Fishing, a sporting goods store and federally licensed firearms dealer in Ashland, to break in and steal firearms. When they arrived at the store, they could not break into any of the doors of the building. As a result of their inability to break into the store, one of the individuals fired a firearm at a lock on one of the doors to try and gain entry. Hearing the gunshot, an employee that was inside the store, but who Walcott and the others had not realized was there, yelled at the would-be burglars. That led them to flee the area in Walcott’s vehicle.
After failing to break into Green Top, the three co-conspirators decided to rob a 7-Eleven on Cary Street in Richmond. Each of the three wore Halloween-style masks over their faces and wore hoodies. One of the co-conspirators, not Walcott, carried a firearm into the store to complete the robbery. However, all three entered the store together, and all three left the store once the robbery ended.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division, made the announcement after sentencing by U.S. District Judge John A. Gibney, Jr. Assistant U.S. Attorney Stephen E. Anthony prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-91.
MS-13 Member Pleads Guilty to Participating in a Violent Racketeering Conspiracy, Including Two MurdersRead the Press Release
Baltimore, Maryland – MS-13 gang member Carlos Alas Brizuela, a/k/a “Truco” and “Stewie,” age 29, pleaded guilty today to a federal racketeering charge related to his participation in a violent racketeering conspiracy, specifically MS-13, including two murders, two attempted murders, and a kidnapping.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore Office; Chief Edward G. Hargis of the Frederick Police Department; Frederick County State’s Attorney J. Charles Smith, III; Chief Timothy J. Altomare of the Anne Arundel County Police Department; Anne Arundel County State’s Attorney Anne Colt Leitess; Chief Henry P. Stawinski III of the Prince George’s County Police Department; Prince George’s County State’s Attorney Aisha Braveboy; Chief Marcus Jones of the Montgomery County Police Department; and Montgomery County State’s Attorney John McCarthy.
“MS-13 is ravaging communities throughout Maryland with senseless acts of violence,” said U.S. Attorney Robert K. Hur. “This defendant participated in a horrifying series of violent crimes and now faces about 30 years in federal prison. Working with our state and local partners, and using the tools of our Organized Crime Drug Enforcement Task Forces, we will prosecute gang members who prey on our neighbors. We will not rest until we dismantle this organization to make Maryland safer.”
“Taking violent offenders off the street should send a message to MS-13 members and their associates that violence and senseless murder will not be tolerated in Maryland,” said FBI Baltimore Special Agent in Charge Jennifer Boone. “The FBI and our local, state and federal partners will continue to aggressively pursue MS-13 gang members wherever they surface and we are steadfast in making our communities a safe place for our citizens.”
“The violence and fear MS-13 inflicts upon the community is unacceptable,” said John Eisert, special agent in charge for HSI Baltimore. “HSI will continue to work towards safer streets through collaboration with our law enforcement partners to combat and dismantle criminal gangs like MS-13.”
MS-13 is a national and international gang composed primarily of immigrants or descendants from El Salvador. Branches or “cliques” of MS-13, one of the largest street gangs in the United States, operate throughout Frederick County, Anne Arundel County, Prince George’s County, and Montgomery County, Maryland. Brizuela was a member and associate of the Fulton Locotes Salvatrucha clique of MS-13.
At all times of this conspiracy, members of MS-13 were expected to protect the name, reputation, and status of the gang from rival gang members and other persons. To protect the gang and to enhance its reputation, MS-13 members were expected to use any means necessary to force respect from those who showed disrespect, including acts of intimidation and violence. MS-13 had mottos consistent with its rules, beliefs, expectations and reputation including “mata, viola, controla,” which translates as, “kill, rape, control,” and “ver, oir y callar,” which means, “see nothing, hear nothing and say nothing.”
MS-13 members are required to commit acts of violence both to maintain membership and discipline within the gang, as well as against rival gang members. Participation in criminal activity by a member, particularly in violent acts directed at rival gangs or as directed by gang leadership, increase the respect accorded to that member, resulting in that member maintaining or increasing his position in the gang, and opens the door to a promotion to a leadership position. One of the principal rules of MS-13 is that its members must attack and kill rivals often referred to as “chavalas,” whenever possible.
According to Brizuela’s plea agreement, beginning in 2015 Brizuela conspired with other MS-13 members and associates to engage in racketeering activity including murders, conspiracies to commit murder, attempted murders, extortion, robbery, and drug trafficking, in order to further the interests of the gang.
Specifically, on April 7, 2015, MS-13 members and associates murdered Victim 1, whom they believed to be a rival gang member, with Brizuela’s knowledge and permission. MS-13 members identified Victim 1 at a restaurant in Frederick, Maryland, then called Brizuela to inform him that they had a potential victim. Brizuela contacted other gang leaders to get approval to kill Victim 1 and arranged for another gang member to participate in the murder of Victim 1. MS-13 members lured Victim 1 to a wooded area in Frederick, where they disabled Victim 1 by hitting him in the head with a rock, then struck him repeatedly with a machete and a knife until he was dead. During the course of the attack, they contacted Brizuela on the phone to confirm that they should complete the murder of Victim 1 and Brizuela confirmed that they should kill Victim 1. The next day, MS-13 members buried Victim 1 in the woods near the site of the murder, where his body was ultimately recovered.
Brizuela admitted that on May 10, 2015, he and other MS-13 members kidnapped Victim 2, who had stopped making his required extortion payments to the gang. Brizuela and the other MS-13 members forced Victim 2 into a car at gunpoint and took him to a wooded area. Although the plan was to kill Victim 2, Brizuela and other gang members got approval from gang leadership to let Victim 2 live, after he agreed to pay the gang immediately.
In August 2015, MS-13 members and associates sought—and received—the approval of Brizuela to murder Victim 3, whom they believed to be a rival gang member. On August 28, 2015, after previously conducting surveillance of the residence where Victim 3 lived with his girlfriend, Victim 4, the MS-13 members and associates entered the apartment and waited there for the victims to return. After the victims returned to the apartment, three gang members attacked Victim 3 and Victim 4 with machetes and knives. Although both victims survived, the attack on Victim 3 left him with both hands nearly severed, and severe wounds to his face and torso. He still has no use of one hand and limited use of the other. Following the attempted murder, gang members contacted Brizuela and others to report that Victim 3 had been killed.
Finally, Brizuela admitted that on August 31, 2015, he and other MS-13 members and associates murdered Victim 5, whom they believed to be a rival gang member. On that day, Brizuela and other MS-13 gang members were drinking in Wheaton and went to Dunkin Donuts where they saw Victim 5, who was wearing Nike Cortez sneakers. According to MS-13 rules, Nike Cortez sneakers were only to be worn by gang members. Brizuela said that he had previously warned Victim 5 about wearing those sneakers. Victim 5 spit on one of the MS-13 gang members as they walked by, who then punched him in the mouth. Victim 5 threw a beer on Brizuela and ran. Brizuela and another gang member chased Victim 5 and stabbed him to death. Following the homicide, Brizuela and others reported to gang leadership that they had killed a rival gang member.
Brizuela and the government have agreed that, if the Court accepts the plea agreement, Brizuela will be sentenced to between 29 and 36 years in federal prison. Chief U.S. District Judge James K. Bredar has scheduled sentencing for February 10, 2020 at 10:00 a.m.
A total of 29 defendants have been charged in this case with participating in a racketeering conspiracy and/or other crimes related to their association with MS-13, including 18 defendants charged in the fifth superseding indictment filed on October 21, 2019. A total of 13 defendants, including Brizuela, have pleaded guilty to crimes related to their participation in MS-13 gang activities.
United States Attorney Robert K. Hur commended the FBI; HSI; the Frederick Police Department; the Anne Arundel, Montgomery, and Prince George’s County Police Departments; and the Anne Arundel, Frederick, Montgomery, and Prince George’s County State’s Attorneys for their work in the investigation, and recognized the Baltimore County Police Department for its assistance. Mr. Hur thanked Assistant U.S. Attorneys Kenneth S. Clark, Catherine K. Dick, and Matthew DellaBetta, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
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Local Man Pleads Guilty to Conspiring to Distribute Crack Cocaine in Pittsburgh’s West EndRead the Press Release
PITTSBURGH - A resident of Pittsburgh, PA, pleaded guilty in federal court to a charge of conspiracy to distribute crack cocaine, United States Attorney Scott W. Brady announced today.
Marshinneah Manning, age 27, of Pittsburgh, PA, pleaded guilty to one count before Senior United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that in 2017, the Federal Bureau of Investigation and the Drug Enforcement Administration initiated a wiretap investigation, primarily targeting the GBK street gang and drug trafficking in and around an area known as the Greenway Projects, located in the West End of the City of Pittsburgh. The wiretap investigation revealed that from in and around November 2017 through in and around June 2018, Manning and his co-conspirators distributed more than 28 grams of crack cocaine in and around the area of the Greenway Projects.
Judge Schwab scheduled sentencing for April 21, 2020 at 9:00 a.m. The law provides for a total sentence of not less than 5 years and up to 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Pending sentencing, the court continued the defendant’s detention.
Assistant United States Attorneys Tonya Sulia Goodman and Yvonne Saadi are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Drug Enforcement Administration jointly led the multi-agency investigation, which also included the Pittsburgh Bureau of Police, Allegheny County Sheriff’s Office, Pennsylvania State Police, Robinson Township Police Department, Stowe Township Police Department, Pennsylvania Attorney General’s Office, Wilkinsburg Borough Police Department, and the McKees Rocks Police Department, that led to the prosecution of Marshinneah Manning.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Lewis County man admits to drug chargeRead the Press Release
WHEELING, WEST VIRGINIA – Shawn Andrew Hunt, of Weston, West Virginia, has admitted to methamphetamine distribution, U.S. Attorney Bill Powell announced.
Hunt, age 27, pled guilty to one count of “Possession with Intent to Distribute Methamphetamine.” Hunt admitted to distributing methamphetamine in Marshall County in February 2019.
Hunt is facing up to 30 years incarceration and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Danae DeMasi-Lemon is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Moundsville Police Department investigated.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.
Lee's Summit Man Pleads Guilty to Illegally Purchasing, Possessing 15 FirearmsRead the Press Release
KANSAS CITY, Mo. – A Lee’s Summit, Missouri, man who illegally purchased 15 firearms pleaded guilty in federal court today to illegally possessing firearms and to making a false statement on a federal form in order to purchase those firearms.
Jay C. Miller, 28, pleaded guilty before U.S. District Judge Howard F. Sachs to one count of possessing firearms while being an unlawful user of, and addicted to, heroin and other controlled substances. Miller also pleaded guilty to one count of making a false written statement on a federal form, falsely claiming that he was not an unlawful user of, or addicted to, any controlled substance, in order to purchase a firearm from an Independence, Missouri, pawn shop.
By pleading guilty today, Miller admitted that he illegally purchased, or attempted to purchase, more than 15 firearms from five licensed firearms dealers from Sept. 29, 2016, to March 19, 2018.
On Oct. 15, 2016, Independence police officers were dispatched to a reported disturbance at the Independence Mall. Officers contacted Miller in the parking lot; he had a Canik TP9SA in a holster on his hip. Miller was arrested for disorderly conduct and the firearm was seized. During an inventory of Miller’s vehicle, officers found a Glock 19 in the center console, sitting next to a loaded syringe. Three fully loaded 15-round Glock 9mm magazines were found in the glove compartment.
On Aug. 31, 2017, Lee’s Summit, Missouri, police officers responded to a shots fired call at Miller’s residence. During a search, officers found an M&P15 rifle with a 30-round magazine with 25 rounds, .223 caliber casings, a 15-round Glock magazine loaded with 15 rounds, one orange needle cap, a spoon with brown residue that field-tested positive for heroin, and a used syringe containing .55 grams of red dark liquid. A detective attempted to interview Miller, but was unable to do so because he was under the influence of a controlled substance.
On Sept. 19, 2017, Lee’s Summit police officers executed a search warrant at Miller’s residence and found 11 syringes with residue and a small plastic bag with residue. Miller admitted to being a heroin user, starting in 2013. As of June 2017, he was using heroin every day or multiple times a day. Miller further admitted to selling heroin to his friends 10 to 15 times. Miller admitted to shooting the M&P15 at another individual on Aug. 31, 2017. He also claimed to have had 10 firearms stolen from him.
On May 16, 2018, Lee’s Summit police officers responded to a shooting at Miller’s residence. Miller got into an argument with another individual and a physical altercation ensued. During this altercation, the other individual was shot in the chest. Officers searched Miller’s residence and found a Glock 27 pistol and a Russian American Armory Saiga 7.62 x 39mm rifle underneath the back porch.
Under federal statutes, Miller is subject to a sentence of up to 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Special Assistant U.S. Attorney Robert M. Smith. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lee’s Summit, Mo., Police Department, the Kansas City, Mo., Police Department, and the Independence, Mo., Police Department.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.Kettering man sentenced to more than 22 years in prison for raping toddlers & photographing the abuseRead the Press Release
DAYTON – A Kettering man was sentenced in U.S. District Court to 270 months in prison and a lifetime of supervised release for sexually abusing two toddlers and creating hundreds of images of the abuse.
According to court documents, in 2003 and 2009, Matthew Jones, 44, sexually abused three-year-old victims.
The defendant raped two toddler victims and created more than 100 images of each instance of abuse.
Jones was caught in the bedroom of one victim, causing the victim’s mother to contact law enforcement.
He also photographed two other minor females and at least six adult women while they were sleeping. Additionally, based on searches of Jones’ computers, the defendant engaged in peer-to-peer exchange of more than 100,000 images and videos of child pornography.
Jones pleaded guilty in December 2018 to producing child pornography.
Jones’ plea in federal court was the first part of a global resolution of charges involving the federal court, the Greene County Common Pleas Court and the Montgomery County Common Pleas Court. The global plea means Jones also accepts responsibility for one count of rape of a person under age 10 in Greene County and the same charge in Montgomery County, as well as two counts of sexual battery and one count of gross sexual imposition in Montgomery County.
As part of this global resolution, the Greene County Prosecutor’s Office will recommend Jones receive 15 years up to life in prison for the Greene County offense. The Montgomery County Prosecutor’s Office will recommend Jones receive 20 years up to life in prison for the Montgomery County offenses. Also as part of the resolution, Jones will serve his sentences concurrently with each other.
“Jones is a serial sexual abuser who memorialized his abuse by taking pictures of his abhorrent conduct,” U.S. Attorney David M. DeVillers said. “He has been sexually assaulting toddlers and adult women and engaging in online sharing of child pornography for more than 15 years. He deserves his lengthy stay in prison.”
DeVillers is joined by Joseph M. Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Ohio Attorney General Dave Yost, Greene County Prosecutor Stephen K. Haller, Montgomery County Prosecutor Mathias H. Heck, Jr., Kettering Police Chief Christopher N. Protsman, Xenia Police Chief Donald R. Person and members of the FBI’s Child Exploitation Task Force in announcing the sentence imposed on Nov. 27 by U.S. District Court Judge Walter H. Rice. Assistant United States Attorney Amy M. Smith and Deputy Criminal Chief Dominick S. Gerace are representing the United States in this case.
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Justice Department Sues City of Hesperia, California and San Bernardino County Sheriff’s Department for Discriminating Against African American and Latino Renters Through the Enactment and Enforcement of a Rental OrdinanceRead the Press Release
The Justice Department today announced it has filed a lawsuit alleging that the City of Hesperia, California, and the San Bernardino County Sheriff’s Department in California discriminated against African American and Latino renters in violation of the Fair Housing Act.
The lawsuit filed in the U.S. District Court for the Central District of California alleges that the City, with substantial support from the Sheriff’s Department, enacted a rental ordinance with the intent of addressing what one City Councilmember called a “demographical problem” – the City’s increasing African American and Latino population – resulting in the evictions of numerous African American and Latino renters. The ordinance, which was in effect between Jan. 1, 2016 and its amendment on July 18, 2017, required all rental property owners to evict tenants upon notice by the Sheriff’s Department that the tenants had engaged in any alleged criminal activity on or near the property. The complaint further alleges that the Sheriff’s Department exercised its substantial discretion in enforcement to target African American and Latino renters and majority-minority areas of Hesperia. Although the ordinance purported to target “criminal activity,” the Sheriff’s Department notified landlords to begin evictions of entire families including children for conduct involving one tenant or even non-tenants, evictions of victims of domestic violence, and evictions based on mere allegations and without evidence of criminal activity.
“The Fair Housing Act prohibits local governments from enacting ordinances intended to push out African American and Latino renters because of their race and national origin, or from enforcing their ordinances in a discriminatory manner,” said Assistant Attorney General Eric Dreiband. “The United States Department of Justice will continue zealously to enforce the Fair Housing Act against anyone and any organization or institution that violates the law’s protections against race, national origin, and other forms of unlawful discrimination.”
“Our office is committed to defending the civil rights of everyone,” said Nick Hanna, the United States Attorney for the Central District of California. “Protecting the public is one of the most important duties of local governments and police departments, and the public entrusts them with enormous power to carry out that duty. We will not allow them to abuse that power by depriving people of their rights.”
“Individuals and families have a right to live where they choose, regardless of their race or national origin,” said Anna María Farías, Assistant Secretary for Fair Housing and Equal Opportunity at the U.S. Department of Housing and Urban Development (HUD). “HUD applauds today’s action and will continue to work with the Justice Department to address policies and practices that violate this nation’s fair housing laws.”
The Justice Department’s lawsuit is based on an investigation and charge of discrimination by HUD, which found that African American and Latino renters were significantly more likely to be evicted under the ordinance than white renters, and that evictions disproportionately occurred in majority-minority parts of Hesperia. According to the complaint, HUD determined that African American renters were almost four times as likely as non-Hispanic white renters to be evicted because of the ordinance, and Latino renters were 29 percent more likely than non-Hispanic white renters to be evicted. Sheriff’s Department data showed that 96 percent of the people the Sheriff’s Department targeted for eviction under the ordinance in 2016 had lived in majority-minority Census blocks. HUD determined that reasonable cause existed to believe the city and county engaged in illegal discriminatory housing practices.
The lawsuit alleges that City officials enacted the ordinance to drive African American and Latino renters out of Hesperia. During city council hearings, city officials and others made numerous statements that demonstrate the City enacted the ordinance to reverse “demographic” changes in Hesperia, including focusing on purported newcomers from predominantly minority Los Angeles County. City officials expressed a desire for the ordinance to drive supposed newcomers “the hell out of our town.” The City enacted the ordinance despite civil-rights related objections to many of its provisions from various segments of the community.
The complaint alleges that, in addition to the eviction mandate, the ordinance required all rental property owners to register their properties and pay an annual fee; submit the names of all adult tenancy applicants to the Sheriff’s Department for a background screening, and use a commercially available service to conduct at their own expense a criminal background check of their tenants; and subject their rental properties to annual inspections by police. Failure to comply subjected owners to fines.
The lawsuit alleges that the Sheriff’s Department used the ordinance to target African American and Latino renters and tenants living in majority-minority areas of Hesperia. The United States’ complaint alleges that, in enforcing the ordinance, the Sheriff’s Department notified landlords to begin evictions of entire households for the conduct of a single individual, including in cases where tenants were victims of domestic violence. Those evicted included young children who were not accused of any wrongdoing.
Fighting illegal housing discrimination is a top priority of the Justice Department. The Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. More information about the Civil Rights Section, Civil Division of the United States Attorney’s Office for the Central District of California is available at https://www.justice.gov/usao-cdca/civil-division/civil-rights.
Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743 (press 1 to continue in English and select mailbox option 4; press 2 to continue in Spanish and select mailbox option 4), email the Justice Department at [email protected], or contact HUD at 1-800-669-9777. Individuals can also file a complaint about housing discrimination or other civil rights violations with the Civil Rights Section, Civil Division of the United States Attorney’s Office by calling (213) 894-2879, emailing [email protected], or completing and submitting this form.
Justice Department Sues City of Hesperia and San Bernardino County Sheriff’s Department for Discriminating Against African American and Latino Renters Through Enactment and Enforcement of Rental OrdinanceRead the Press Release
COMPLAINTLOS ANGELES – The Justice Department today filed a lawsuit alleging that the City of Hesperia and the San Bernardino County Sheriff’s Department discriminated against African American and Latino renters in violation of the Fair Housing Act.
The federal lawsuit alleges that the city, with substantial support from the Sheriff’s Department, enacted a rental ordinance with the intent of addressing what one city councilmember called a “demographical problem” – the city’s increasing African American and Latino population. The ordinance resulted in the evictions of numerous African American and Latino renters.
The “Crime Free Rental Housing” ordinance, which was in effect between January 1, 2016 and its amendment on July 18, 2017, required all rental property owners to evict tenants upon notice by the Sheriff’s Department that the tenants had engaged in any alleged criminal activity on or near the property. The complaint further alleges that the Sheriff’s Department exercised its substantial discretion in enforcement to target African American and Latino renters and majority-minority areas of Hesperia. Although the ordinance purported to target “criminal activity,” the Sheriff’s Department notified landlords to begin evictions of entire families – including children – for conduct involving one tenant or even non-tenants, evictions of victims of domestic violence, and evictions based on mere allegations and without evidence of criminal activity.
“Our office is committed to defending the civil rights of everyone,” said United States Attorney Nick Hanna. “Protecting the public is one of the most important duties of local governments and police departments, and the public entrusts them with enormous power to carry out that duty. We will not allow them to abuse that power by depriving people of their rights.”
“The Fair Housing Act prohibits local governments from enacting ordinances intended to push out African American and Latino renters because of their race and national origin, or from enforcing their ordinances in a discriminatory manner,” said Assistant Attorney General Eric Dreiband. “The United States Department of Justice will continue zealously to enforce the Fair Housing Act against anyone and any organization or institution that violates the law’s protections against race, national origin, and other forms of unlawful discrimination.”
“Individuals and families have a right to live where they choose, regardless of their race or national origin,” said Anna María Farías, Assistant Secretary for Fair Housing and Equal Opportunity at the U.S. Department of Housing and Urban Development (HUD). “HUD applauds today’s action and will continue to work with the Justice Department to address policies and practices that violate this nation’s fair housing laws.”
The Justice Department’s lawsuit is based on an investigation and charge of discrimination by HUD, which found that African American and Latino renters were significantly more likely to be evicted under the ordinance than white renters, and that evictions disproportionately occurred in majority-minority parts of Hesperia. According to the complaint, HUD determined that African American renters were almost four times as likely as non-Hispanic white renters to be evicted because of the ordinance, and Latino renters were 29 percent more likely than non-Hispanic white renters to be evicted. Sheriff’s Department data showed that 96 percent of the people the Sheriff’s Department targeted for eviction under the ordinance in 2016 had lived in majority-minority Census blocks. HUD determined that reasonable cause existed to believe the city and county engaged in illegal discriminatory housing practices.
The lawsuit alleges that city officials enacted the ordinance to drive African American and Latino renters out of Hesperia. During city council hearings, city officials and others made numerous statements that demonstrate the city enacted the ordinance to reverse “demographic” changes in Hesperia, including focusing on purported newcomers from predominantly minority Los Angeles County. City officials expressed a desire for the ordinance to drive supposed newcomers “the hell out of our town.” The city enacted the ordinance despite civil rights-related objections to many of its provisions from various segments of the community.
This case is being litigated by the Civil Rights Section in the Civil Division of the United States Attorney’s Office and the Housing and Civil Enforcement Section of the Justice Department’s Civil Rights Division.
Fighting illegal housing discrimination is a top priority of the Justice Department. The Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. More information about the Civil Rights Section in the Civil Division of the United States Attorney’s Office is available at https://www.justice.gov/usao-cdca/civil-division/civil-rights-section.
Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743 (press 1 to continue in English and select mailbox option 4; press 2 to continue in Spanish and select mailbox option 4), email the Justice Department at [email protected], or contact HUD at 1-800-669-9777. Individuals can also file a complaint about housing discrimination or other civil rights violations with the United States Attorney’s Office by calling (213) 894-2879, emailing [email protected], or completing and submitting this form.
Judge imposes 60-year sentence for man who made images of himself abusing toddlersRead the Press Release
CORPUS CHRISTI, Texas - A 41-year-old Corpus Christi man has been sent to federal prison following his conviction of producing child pornography, announced U.S. Ryan K. Patrick.
Gerardo Fabian Ramos pleaded guilty Aug. 13.
Today, Senior U.S. District Judge Janis Graham Jack sentenced Ramos to 720 months in prison. At the hearing, the court heard Ramos produced images of himself sexually assaulting two toddlers on multiple occasions. He also drugged their mother to facilitate his crimes. The court also heard from the mother who read a letter explaining how the crime impacted their lives. The father also provided testimony. In imposing the sentence, Judge Jack noted how horrified she was for these children and their families and friends. “Sometimes there is no remedy to right a wrong,” she said. “This is one of those times.” The court also stated that she did not believe there was any sentence long enough to protect the community from Ramos.
The court further ordered Ramos to serve the rest of his life on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender.
In March 2019, the National Center for Missing and Exploited Children (NCMEC) sent a CyberTip to local law enforcement indicating a Corpus Christi user had uploaded an image of child pornography to a popular social media platform. Ranos was that user.
Law enforcement ultimately found hundreds of videos and still images of child pornography in his possession.
Authorities also discovered several images and videos of child pornography Ramos had produced himself and attempted to identify those victims. Some of the images and videos depicted Ramos attempting to vaginally penetrate the victims’ with his penis.
Ramos has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of the Corpus Christi Police Department’s Internet Crimes Against Children Task Force and NCMEC.
Assistant U.S. Attorney Brittany L. Jensen is prosecuting the case, which was brought as part of Project Safe Childhood(PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.
Judge Sentences San Antonio Businessman to Federal Prison for Health Care Fraud SchemeRead the Press Release
In San Antonio today, a federal judge sentenced 49–year-old San Antonio businessman Rafael Enrique Rodriguez to seven (7) years in federal prison for his role in a multi-million-dollar health care fraud scheme.
In addition to the prison term, Senior U.S. District Judge David A. Ezra ordered that Rodriguez pay $6,032,126.69 in restitution to the government and be placed on supervised release for a period of three (3) years after completing his prison term. Judge Ezra ordered that Rodriguez surrender to federal authorities on January 16, 2020, to begin serving his federal prison term.
U.S. Attorney John F. Bash; U.S. Department of Veterans Affairs Office of Inspector General (VA-OIG) Criminal Investigations Division Special Agent in Charge James Ross, South Central Field Office; U.S. Department of Labor Office of Inspector General (DOL-OIG) Special Agent in Charge Steven Grell, Dallas Region; Department of Labor’s Office of Workers’ Compensation Program (OWCP), Division of Federal Employee Compensation (DFEC) Director Antonio Rios; and, U.S. Postal Service Office of Inspector General (USPS-OIG) Special Agent in Charge Christopher Cave, Southern Area Field Office, made the announcement.
“The sentence imposed in this case reflects our commitment to stamping out healthcare fraud. This is not just a law-and-order issue. It’s also about making sure that Texans in need of medical treatment or other healthcare services can be confident that they are being told the truth about their care,” stated U.S. Attorney Bash.
On June 21, 2019 a federal jury convicted Rodriguez on six counts of health care fraud, five counts of wire fraud, and one count of aggravated identity theft. Rodriguez was the owner/operator of 210 Workers with offices providing physical therapy and rehabilitation services in both San Antonio and Salt Lake City, UT.
Evidence presented during trial revealed that between October 22, 2012, and December 14, 2016, Rodriguez devised a scheme to defraud the Federal Employees Compensation Act (FECA), Office of Workers Compensation Program, a federal health care benefit program designed to provide worker’s compensation services to federal employees. Specifically, Rodriguez billed the program for physical therapy and treatment using codes indicating that a qualified professional provided those services when, in fact, unlicensed technicians were providing the services. Additionally, Rodriguez used the identity of another individual, a licensed physical therapist, to obtain provider registration with the program without the permission of the therapist. Rodriguez billed the program more than $7.5 million for these services and was paid over $6 million for the fraudulently billed services.
“The Department of Labor recognizes the efforts of the OIG community and federal agencies involved, and will continue to identify potential medical provider fraud and stop abuse of the FECA program,” said OWCP DFEC Director Rios. “These fraud detection efforts continue to be a high priority for us.”
“The sentence obtained today has been the culmination of a thorough investigation completed by our agents revealing abuse by medical professionals of Federal benefits programs for personal gain," said USPS-OIG Special Agent in Charge Cave. “The USPS-OIG, along with our law enforcement partners will continue to vigorously investigate these types of cases in order to deter and stop these fraud schemes.”
“Rafael Rodriguez took advantage of injured federal workers by overbilling the U.S. Department of Labor’s Office of Workers’ Compensation Programs more than $7.5 million for therapy visits performed by unlicensed professionals. We will continue to work with our law enforcement partners and OWCP to protect the integrity of DOL’s benefits programs,” said DOL-OIG Special Agent in Charge Grell.
“Today’s sentencing comes as a result of outstanding leadership provided by the United States Attorney’s Office, and the tireless efforts of VA-OIG special agents, in partnership with other investigative agencies. These charges send a clear signal that healthcare providers entrusted with the care of injured VA employees will be held accountable for defrauding the Office of Workers’ Compensation Program,” stated VA-OIG Criminal Investigations Division Special Agent in Charge Ross.
Special agents with the USPS-OIG, VA-OIG, and DOL-OIG investigated this case. Assistant U.S. Attorney Gregory J. Surovic prosecuted this case on behalf of the government.
Jacksonville Tax Return Preparer Sentenced to Federal PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard today sentenced Nicole Johnson to 24 months in federal prison for aiding and assisting in the filing of a false tax return. Johnson had pleaded guilty on August 28, 2019.
According to the plea agreement, Johnson was the owner and operator of Financial Asset Tax Service, which offered tax return preparation services. During the tax years 2014, 2015, 2016, and 2017, Johnson prepared more than 1,900 returns for individuals in which she falsified the amounts of deductions and tax credits owed to the taxpayers. As a result, those taxpayers received undeserved tax refunds. Johnson fraudulently claimed the General Business Credit and False Tax Credit for taxpayers who were not entitled to them, and she also inflated itemized deductions. As a result of the false returns prepared by Johnson, the IRS issued more than $1.3 million in undeserved refunds. Johnson was ordered to repay the IRS that amount in restitution.
This case was investigated by the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney David B. Mesrobian.
Inland Empire Tax Preparer Sentenced to More Than 3 Years in Prison for Filing Bogus Returns that Cheated IRS Out of Millions of DollarsRead the Press Release
LOS ANGELES – A Riverside County tax preparer was sentenced today to 41 months in federal prison for defrauding the IRS out of more than $2.1 million by submitting phony tax returns, including ones that maximized fraudulent refunds through child tax credits and bogus businesses for hundreds of his clients.
Dennis L. Reed II, 31, of Hemet, was sentenced by United States District Judge Otis D. Wright II, who also ordered Reed to pay $2,158,337 in restitution to the IRS. Reed pleaded guilty on September 3 to two counts of aiding and assisting in the preparation of false income tax returns.
Between 2014 and 2019, Reed prepared hundreds of federal and state income tax returns containing false claims designed to generate or increase fraudulent tax refunds. For example, the fraudulent tax returns falsely claimed that the taxpayers had dependents, operated a sole proprietorship, or were entitled to receive credits for certain educational expenses.
As part of the tax fraud, Reed prepared at least 384 returns that falsely stated that the client had earned income from Schedule C sole proprietorships, which are tax forms used by the self-employed to report business profits or losses. Reed created false Schedule C businesses such as hairstylist or barber for these clients. In reality, Reed knew his clients did not work at all during the year, had not earned income, and were not required to file an income tax return.
On at least 79 tax returns, Reed admitted he created phantom business income or losses and claimed false dependents on clients’ tax returns in order to generate tax refunds to which the clients weren’t entitled. On at least 114 tax returns, Reed falsely claimed that the clients had educational expenses that resulted in refunds to which they were not entitled.
Though Reed prepared federal income tax returns for clients, he did not sign their returns to identify himself to the IRS as the returns’ preparer, but rather stated on the tax returns that they were “self-prepared.” Reed admitted that he charged clients between $350 and $1,350 to prepare and file income tax returns.
The false tax returns Reed prepared resulted in a loss of $2,158,337 to the IRS.
“The victim of [Reed’s] offense is not simply a faceless bureaucracy, but all the honest and hardworking American citizens and residents who go to work each day and pay their fair share of taxes as the law requires of them,” prosecutors wrote in their sentencing memorandum.
IRS-Criminal Investigation investigated this matter.
This case was prosecuted by Assistant United States Attorney Valerie L. Makarewicz of the Major Frauds Section.
Indictment Unsealed Charging Former San Diego Resident Jehad Serwan Mostafa with Providing Material Support to Militant Islamic Terrorist Organization Al-ShabaabRead the Press Release
Assistant U. S. Attorneys Shane Harrigan (619) 546-6981 and Caroline Han (619) 546-6968
NEWS RELEASE SUMMARY – December 2, 2019
SAN DIEGO – An indictment was unsealed in federal court today charging Jehad Serwan Mostafa, a 37-old U.S. citizen and former San Diego resident who is on the FBI’s Most Wanted Terrorist List, with terrorism violations arising from his critical role in providing support to the militant Islamic terrorist organization, al-Shabaab.
The superseding indictment alleges that from no later than March 2008 through in or about February 2017, Mostafa conspired to provide material support, including himself as personnel, to terrorists; conspired to provide material support to al-Shabaab, a designated foreign terrorist organization (FTO); and provided material support to al-Shabaab.
Mostafa, also known as “Ahmed Gurey,” “Ahmed,” “Anwar,” “Abu Anwar al Muhajir,” and “Abu Abdallah al Muhajir,” was originally charged in a three-count indictment in October 2009 with similar charges. The superseding indictment announced today expands the scope of the indictment alleging that Mostafa’s support of terrorist activities and al-Shabaab continued up to and including February 2017.
On March 20, 2013, the Department of State’s Reward for Justice Program offered a reward of up to $5 million dollars for information leading to the arrest and conviction of Mostafa. U.S. Attorney Robert Brewer said the United States unsealed the superseding indictment with hopes that Mostafa will be apprehended and brought to justice. “We believe this defendant is the highest-ranking U.S. citizen fighting overseas with a terrorist organization,” Brewer said. “Al-Shabaab’s reign of terror threatens U.S. national security, our international allies and innocent civilians. Today we seek the public’s assistance in capturing Mostafa and disrupting Al-Shabaab.”
Scott Brunner, the Special-Agent-In-Charge of the San Diego FBI, stated that Mostafa is currently believed to be in Somalia, and the FBI is seeking the assistance of the public, both in the United States and East Africa, in locating and apprehending Mostafa. SAC Brunner stated that the apprehension and prosecution of Mostafa will aid in disrupting al-Shabaab’s terrorist activities, which continue to threaten U.S. national security, our international allies, and innocent civilians, both U.S. and foreign citizens alike.
SAC Brunner stated that Mostafa was raised in the Serra Mesa area of San Diego and attended high school and college in San Diego. After graduating from college, in late 2005 at the age of 23, Mostafa departed San Diego, traveling first to Sana’a, Yemen, and then on to Somalia where he engaged in fighting against internationally supported Ethiopian forces. Mostafa eventually joined al-Shabaab, a terrorist group that the U.S. Department of State designated as a Foreign Terrorist Organization in 2008.
Al-Shabaab, meaning “The Youth” in Arabic, is a violent and brutal militia group that has used intimidation and violence to undermine the Somali government and the foreign military presence supporting it. The group seeks to control territory within Somalia in order to establish a society based on its rigid interpretation of Sharia law. In 2012, it pledged allegiance to the militant Islamist organization Al-Qaeda. Over time, al-Shabaab has engaged in external operations in neighboring countries in pursuit of global jihad. While its terrorist attacks have been concentrated in East Africa, it has claimed responsibility for attacks that resulted in injuries to Americans and/or had ties to San Diego: the 2010 Kampala, Uganda suicide bombing of a bar during a World Cup soccer match that killed a U.S. citizen working for a San Diego non-profit organization; and a 2013 attack on the Westgate shopping mall in Nairobi, Kenya that killed over 60 and injured U.S. citizens, including a graduate of Torrey Pines High School. Additionally, as recently as January 15, 2019, al-Shabaab executed a coordinated attack at the DusitD2 hotel in Nairobi, Kenya, where 16 innocent civilians were killed, including one U.S. citizen.
SAC Brunner stated that for over a decade, Mostafa has played a critical role in al-Shabaab, including in its media operations, training of soldiers, and participating in attacks on Somali government forces and African Union troops. Since 2009, Mostafa has held leadership positions with al-Shabaab, and today is believed to be the highest-ranking U.S. citizen fighting overseas with a terrorist organization. In 2011, Mostafa appeared at a press conference with an al-Shabaab leader, purporting to be an al-Qaeda emissary. SAC Brunner stated that the FBI assesses that this media stunt evidences his efforts to facilitate al-Shabaab’s relationship with other terrorist groups and role in external operations.
According to SAC Brunner, in 2019, the FBI became aware of Mostafa’s participation and leadership within al-Shabaab’s explosives department. Specifically, Mostafa has been implicated in the use of improvised explosive devices (IEDs) in attacks in Somalia and in improving their effectiveness as a tool of terror. Al-Shabaab has recently used IEDs against U.S. interests in Somalia. On September 30, 2019, al-Shabaab attacked the Baledogle U.S. military airbase in southern Somalia where U.S. soldiers are located to support Somali and African Union troops, and assaulted an Italian military convoy traveling in the Somali capital of Mogadishu. Al-Shabaab claimed responsibility for both attacks. Al-Shabaab is resolved to continue attacks on innocent civilians in Somalia and in the region, and has demonstrated it will go to great lengths to threaten the security of the United States and our partners.
SAC Brunner noted that the FBI believes Mostafa continues to play a critical role in planning operations directed against the Somali government and internationally supported African Union forces in Somalia and East Africa. As a result, Mostafa continues to pose a direct threat to U.S. forces, civilians and interests.
The public is reminded that a reward of up to $5 million dollars is being offered for information leading to the arrest and conviction of Mostafa. Anyone with information about Jehad Serwan Mostafa can report tips anonymously by phone at 1-800-CALL-FBI or online at “tips.fbi.gov” or can contact the nearest FBI office, American Embassy or Consulate.
DEFENDANT Criminal Case No. 09CR3726-WQH
Jehad Serwan Mostafa Age 37 Somalia (former resident of San Diego)
SUMMARY OF CHARGES
Conspiracy to Provide Material Support to Terrorists – Title 18, U.S.C., Section 2339A(a)
Maximum penalty: Fifteen years in prison and $250,000 fine
Conspiracy to Provide Material Support to a Foreign Terrorist Organization – Title 18, U.S.C., Section 2339B(a)(1)
Maximum penalty: Twenty years in prison and $250,000 fine
Providing Material Support to a Foreign Terrorist Organization – Title 18, U.S.C., Section 2339B(a)(1)
Maximum penalty: Twenty years in prison and $250,000 fine.
INVESTIGATING AGENCIES
San Diego Joint Terrorism Task Force
Federal Bureau of Investigation
Guatemalan man admits role in immigration event leading to deathRead the Press Release
LAREDO, Texas – A 32-year-old man now faces up to life in prison after pleading guilty to transporting aliens resulting in death, announced U.S. Attorney Ryan K. Patrick.
Luis Morales-Melendez, a Guatemalan national who illegally entered the United States himself, admitted to the charges today before U.S. Magistrate Judge Diana Song Quiroga.
On Aug. 22, authorities encountered 12 individuals near Zebra Creek in Laredo. The investigation determined they were all undocumented aliens who had illegally entered the country by crossing the Rio Grande river. Several identified Morales-Melendez as the guide who led them into the United States.
Another man had been a part of the group, but had died along the way. The investigation revealed the victim had been struggling in the water, but Morales-Melendez did not offer aid or use a rope to help him. Morales-Melendez denied hearing anyone call for help. While some lifejackets were available, there were not enough for everyone. The victim’s body was recovered on the Mexican side of the river the following day.
Morales-Melendez admitted to illegally entering the United States with the group and acting as the foot guide on the American side of the river. As part of his plea, Morales-Mendez acknowledged receiving a discount on his smuggling fee in exchange for acting as the foot guide once the group crossed into the United States.
Morales-Melendez has been and will remain in custody pending sentencing, which is set for March 24, 2020, before U.S. District Judge Marina Garcia-Marmolejo. At that time, he faces up the life in prison as well as a possible $250,000 fine.
Border Patrol initiated the investigation in conjunction with Immigration and Customs Enforcement’s Homeland Security Investigations. Assistant U.S. Attorney Michael Bukiewicz is prosecuting the case.
Gary Woman Sentenced to 5 Years in PrisonRead the Press Release
HAMMOND-Rosalind Cherry, 64, of Gary, Indiana, was sentenced today by U.S. District Court Judge Philip Simon following her guilty plea to conspiracy to distribute and possess with intent to distribute 28 grams or more of crack cocaine, announced U.S. Attorney Kirsch.
According to documents in the case, from August 2016 through at least November 2016, Ms. Cherry conspired with others to distribute and possess with the intent to distribute 28 grams or more of crack cocaine. During the time of the conspiracy she sold crack from her residence in Gary, Indiana.
This case is the result of the investigative efforts of the Federal Bureau of Investigation GRIT Task Force with the assistance of the Gary and Hobart Police Departments. The case was handled by Assistant United States Attorneys Thomas R. Mahoney, Joseph A Cooley and Alexandra McTague.
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Former Tennessee Medical Doctor Pleads Guilty to Unlawfully Distributing Controlled SubstancesRead the Press Release
A medical doctor who formerly practiced in Tennessee pleaded guilty today for his role in unlawfully distributing controlled substances.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Don Cochran of the Middle District of Tennessee, Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Atlanta Field Office and Director David B. Rausch of the Tennessee Bureau of Investigation (TBI) made the announcement.
Darrel R. Rinehart M.D., 64, of Indianapolis, Indiana, formerly of Columbia, Tennessee, pleaded guilty to one count of unlawful distribution of controlled substances before Chief U.S. District Judge Waverly D. Crenshaw Jr. of the Middle District of Tennessee. Sentencing has been scheduled for July 30, 2020, before Chief Judge Crenshaw.
Pursuant to his guilty plea, Rinehart admitted that in January 2016 he knowingly distributed hydrocodone, a Schedule II controlled substance, to a patient who did not have any significant underlying health issues justifying such a prescription. He further admitted to distributing Schedule II controlled substances, primarily opioids, to four different patients without a legitimate medical purpose and outside the course of professional practice on 18 other occasions between December 2014 and December 2015.
The HHS-OIG, TBI and the District Attorney General for the Tennessee’s 22nd Judicial District investigated the case. Assistant Chief Kilby Macfadden and Trial Attorney William M. Grady of the Criminal Division’s Fraud Section are prosecuting the case
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
The Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 70 defendants who are collectively responsible for distributing more than 40 million pills. The Health Care Fraud Unit, in general, maintains 15 strike forces operating in 24 districts, and has charged nearly 4,200 defendants who have collectively billed the Medicare program for more than $15 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.
Former Tennessee Medical Doctor Pleads Guilty to Unlawfully Distributing Controlled SubstancesRead the Press Release
NASHVILLE, Tenn. – December 2, 2019 – Darrel R. Rinehart, M.D., 64, of Indianapolis, Indiana, formerly of Columbia, Tennessee, pleaded guilty today to one count of unlawful distribution of controlled substances, announced U.S. Attorney Don Cochran of the Middle District of Tennessee, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Atlanta Field Office and Director David B. Rausch of the Tennessee Bureau of Investigation (TBI).
Rinehart admitted today that in January 2016 he knowingly distributed hydrocodone, a Schedule II controlled substance, to a patient who did not have any significant underlying health issues justifying such a prescription. He further admitted to distributing Schedule II controlled substances, primarily opioids, to four different patients without a legitimate medical purpose and outside the course of professional practice on 18 other occasions between December 2014 and December 2015.
The HHS-OIG, TBI and the District Attorney General for the Tennessee’s 22nd Judicial District investigated the case. Assistant Chief Kilby Macfadden and Trial Attorney William M. Grady of the Criminal Division’s Fraud Section are prosecuting the case.
Rinehart will be sentenced on July 30, 2020, by Chief U.S. District Judge Waverly D. Crenshaw, Jr. He faces up to 20 years in prison and up to a $1 million fine.
The Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 70 defendants who are collectively responsible for distributing more than 40 million pills. The Health Care Fraud Unit, in general, maintains 15 strike forces operating in 24 districts, and has charged nearly 4,200 defendants who have collectively billed the Medicare program for more than $15 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.
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Former Garden Plain Water Operator Sentenced for Making False ReportRead the Press Release
WICHITA, KAN. - The former operator of the water system in Garden Plain, Kan., was sentenced today to a year on federal probation and ordered to pay a $1,000 fine for falsifying a report on the quality of the city’s drinking water, U.S. Attorney Stephen McAllister said.
Arthur Wolfe, 64, Norwich, Kan., pleaded guilty to one count of a making a false statement in a report to the Kansas Department of Health and Environment that was required by the Environmental Protection Agency. Wolfe certified a bacteriological report that falsely represented water samples taken at the water treatment plant as samples taken at other locations.
McAllister commended the Environmental Protection Agency and Assistant U.S. Attorney Alan Metzger for their work on the case.
Felon in Possession of a Firearm Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Robert Lee Powell, II, 52, of Columbia, Tennessee, was sentenced today in federal court for being a convicted felon in possession of a firearm. Powell pled guilty to the charge in August of 2019.
United States District Court Judge William H. Steele imposed a sentence of time served, and placed Powell on supervised release for a period of three years. During that time, Powell will undergo testing and treatment for drug abuse. No fine was impose, but the judge ordered that Powell pay $100 in special assessments.
The case was investigated by the Selma Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Federal and Local Officials to Host Community Meeting in Duluth to Discuss SextortionRead the Press Release
The United States Attorney’s Office, the Minneapolis Division of the FBI, the Duluth Police Department, and the St. Louis County Attorney’s Office and Sheriff’s Office will convene a community meeting on December 3, 2019, to talk about the issue of sextortion and the alarming increase that law enforcement is seeing in these types of cases. Sextortion is a type of online sexual exploitation where victims are coerced into providing sexually explicit images or videos often in compliance with a threat being made against them or their loved ones.
Join us for a panel discussion highlighting the issue of sextortion, trends in victimization, recent cases, prevention tips, and what to do if you or a loved one becomes a target. Parents, teachers, students, law enforcement, and community leaders are encouraged to attend.
This event is free and open to the public, however registration is strongly encouraged. The meeting will take place on Tuesday, December 3, 2019, from 5:30-7:45 p.m. at the Hermantown Police Department in Hermantown, Minnesota. For more information or to register, please email [email protected]
NOTE: This event is open press. All media must RSVP to [email protected] and present valid media credentials at the event.
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Fayetteville Men Sentenced for Drug Distribution and Firearm OffensesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announces that JOSHUA AARON DAVIS, 40, of Fayetteville, NC, was sentenced by United States District Judge James C. Dever, III. Co-defendant CORNELIUS THOMAS was sentenced by Judge Dever on October 9, 2019. THOMAS was sentenced to 132 months imprisonment and five years of supervised release. DAVIS was sentenced to 240 months of imprisonment and 5 years of supervised release.
On February 15, 2019, THOMAS pled guilty to conspiracy to distribute and possess with intent to distribute one hundred grams or more of heroin, five kilograms or more of cocaine, and twenty-eight grams or more of cocaine base (crack), and possession with intent to distribute one hundred grams or more of heroin, a quantity of marijuana, a quantity of cocaine, and twenty-eight grams or more of cocaine base (crack).
On August 19, 2019, DAVIS pled guilty to conspiracy to distribute and possess with intent to distribute one hundred (100) grams or more of heroin, fifty grams or more of methamphetamine, twenty-eight grams or more of cocaine base (crack), and a quantity of cocaine; possession with intent to distribute a quantity of heroin, marijuana, cocaine, methamphetamine, and twenty-eight grams or more of cocaine base (crack); and possession of a firearm in furtherance of a drug trafficking crime.
In June 2017, law enforcement began an investigation into JOSHUA DAVIS’s drug distribution activity in the Fayetteville area. Through the investigation, law enforcement identified some of DAVIS’s sources of supply, to include CORNELIUS THOMAS. In an investigation spanning over a year, law enforcement conducted numerous purchases of illegal controlled substances from both THOMAS and DAVIS.
In October 2018, THOMAS and DAVIS were both arrested federally, and search warrants of their residences were executed. Both men had significant quantities of a variety of controlled substances at their residences. In addition, DAVIS also possessed a firearm located in close proximity to evidence of controlled substance distribution.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For additional information about this initiative, click here https://www.justice.gov/usao-ednc/tbnc.
The Federal Bureau of Investigation and Fayetteville Police Department investigated this case. Assistant United States Attorney Lucy Brown prosecuted this case for the government.
Fayetteville Man Sentenced for Firearms OffenseRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that in federal court, United States District Judge Louise W. Flanagan sentenced JAMES VINCENT BOYD, 50, of Fayetteville to 100 months imprisonment, followed by three years of supervised release.
BOYD was named in an Indictment filed on November 15, 2018, charging him with four counts of felon in possession of a firearm and ammunition and three counts of possession of an unregistered silencer. On March 18, 2018, Boyd pled guilty to one count of felon in possession of a firearm.
According to the investigation, BOYD, a two-time previous federal felon, possessed and sold five firearms, some equipped with unregistered silencers, over the course of a months-long investigation in the Fayetteville area. In October 2018, a search warrant was executed at BOYD’s residence, where additional firearms, ammunition, and unregistered silencers were located.
The Federal Bureau of Investigation and Fayetteville Police Department conducted the investigation in this matter. Assistant United States Attorney Lucy Brown represented the government.
Elder Home Caregiver Sentenced to Prison for Defrauding 92-Year-Old Homebound VictimRead the Press Release
TUCSON, Ariz. – On November 26, 2019, U.S. District Court Judge Rosemary Márquez sentenced Mona Rodriguez, 37, of Tucson, to 30 months in prison. Rodriguez had previously pleaded guilty to Wire Fraud. The court also ordered Ms. Rodriguez to pay $171,631 in restitution for the losses sustained by the victim.
Ms. Rodriguez and her mother, co-defendant Margaret Gastelum, provided home care assistance for the 92-year-old homebound victim. In her plea agreement, Ms. Rodriguez admitted that she and Ms. Gastelum gained access to the victim’s banking information and fraudulently used funds from the victim’s bank accounts. Ms. Rodriguez and Ms. Gastelum also fraudulently used the victims’ credit cards and Ms. Rodriguez obtained a credit card in the victim’s name without the victim’s consent.
Ms. Gastelum previously entered a guilty plea to wire fraud and was also sentenced to 30 months in prison on August 14, 2019.
The investigation in this case was conducted by the United States Secret Service and the Tucson Police Department. The prosecution was handled by Assistant U.S. Attorney Wallace Kleindienst for the U.S. Attorney’s Office, District of Arizona, Tucson.
El Departamento de Justicia Entabla Demanda contra la Ciudad de Hesperia, California y el Departamento del Alguacil del Condado de San Bernardino por Haber Discriminado a Inquilinos Afroestadounidenses y Latinos al Promulgar y Hacer Cumplir un Decreto deRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha entablado una demanda contra la Ciudad de Hesperia y el Departamento del Alguacil (Sheriff) del Condado de San Bernardino, alegando que los mismos han discriminado a inquilinos afroestadounidenses y latinos, en contra de la ley de Vivienda Justa.
La demanda, presentada ante el Tribunal de Distrito de los EE. UU. para el Distrito Central de California, alega que la Ciudad, con un apoyo importante del Departamento del Alguacil, promulgó un decreto de arrendamiento con la intención de abordar lo que un miembro del consejo municipal describió como «problema demográfico», eso es, la población afroestadounidense y latina en aumento, lo cual ocasionó el desalojo de bastantes inquilinos afroestadounidenses y latinos. El decreto, que estaba en vigor entre el 1 de enero del 2016 y el 18 de julio del 2017, fecha en la cual se enmendó, requirió a todo propietario desalojar a inquilinos al ser notificado por el Departamento del Alguacil que dichos inquilinos habían estado involucrados en alguna actividad delictiva en la propiedad o sus alrededores. Más aún, la demanda alega que el Departamento del Alguacil ejerció su discreción sustancial en la ejecución del decreto para marcar como objetivo a los inquilinos afroestadounidenses y latinos y las zonas de mayoría-minoría de Hesperia. Aunque el presunto fin del decreto era combatir «las actividades delictivas», el Departamento del Alguacil notificó a los propietarios que comenzaran a desalojar a familias enteras, incluyendo a niños, para conductas que involucraban a un solo inquilino o a alguien que ni siquiera era inquilino de la propiedad, a desalojar a víctimas de la violencia doméstica y a desalojar a personas basándose únicamente en puras alegaciones y sin pruebas de actividades delictivas.
«La ley de Vivienda Justa prohíbe que los gobiernos locales promulguen decretos cuya intención es alejar a inquilinos afroestadounidenses y latinos por motivos de su raza y origen nacional o que hagan cumplir sus decretos de una forma discriminatoria», declaró el Fiscal General Auxiliar Eric Dreiband. «El Departamento de Justicia de los Estados Unidos seguirá haciendo cumplir de manera fervorosa la ley de Vivienda Justa a cada persona y cada organización o institución que vulnere las protecciones ofrecidas en virtud de la ley contra la discriminación por motivos de raza u origen nacional y otras formas de discriminación ilícita».
«Nuestra oficina se ha comprometido a defender los derechos civiles de todos», afirmó Nick Hanna, el Fiscal Federal de los Estados Unidos para el Distrito Central de California. «La protección del público es uno de los deberes más importantes de los gobiernos locales y comisarías, y el público les encomienda tremendos poderes para realizar tal deber. No les permitiremos que abusen de esos poderes al privar a la gente de sus derechos».
«Las personas y familias tienen derecho a vivir dónde elijan, independientemente de su raza u origen nacional», dijo Anna María Farías, Secretaria Auxiliar de Vivienda Justicia e Igualdad de Oportunidades en el Departamento de la Vivienda y Desarrollo Urbano de los EE. UU. («HUD», por sus siglas en inglés). «HUD felicita la medida que se tomó hoy y seguirá colaborando con el Departamento de Justicia para abordar políticas y prácticas que vulneran las leyes de vivienda justa de esta nación».
La demanda del Departamento de Justicia se basa en una investigación y denuncia de discriminación radicada por HUD, la cual halló que era mucho más probable que inquilinos afroestadounidenses y latinos fueran desalojados en virtud del decreto que inquilinos blancos, y que los desalojos ocurrieron de manera desproporcionada en las zonas de mayoría-minoría de Hesperia. Según la demanda, HUD determinó que inquilinos afroestadounidenses tenían una probabilidad cuatro veces mayor que la de inquilinos blancos no-hispanos de ser desalojados a causa del decreto y que la probabilidad de que un inquilino latino fuera desalojado era un 29 % mayor que la de un inquilino blanco no-hispano. Los datos del Departamento del Alguacil mostraron que el 96 % de las personas que el Departamento del Alguacil identificó como objeto para el desalojo conforme al decreto durante el año 2016 habían vivido en zonas de censo de mayoría-minoría. HUD determinó que existían motivos fundados para creer que la ciudad y el condado hubieran tenido prácticas de vivienda discriminatorias.
Por otra parte, la demanda alega que funcionarios municipales promulgaron el decreto para alejar a inquilinos afroestadounidenses y latinos de Hesperia. Durante las audiencias del concejo municipal, funcionarios municipales y otros realizaron algunas declaraciones que demostraron que la Ciudad había promulgado el decreto para revertir cambios «demográficos» en Hesperia, lo que incluía enfocarse en presuntos recién-llegados de zonas de Los Ángeles que son predominantemente de minorías.
Los funcionarios municipales expresaron su deseo de que el decreto alejara a los supuestos recién-llegados «muy lejos de nuestro pueblo». La Ciudad promulgó el decreto a pesar de recibir, de varios segmentos de la comunidad, objeciones relacionadas con derechos civiles a muchas de sus disposiciones.
La demanda alega que, además del mandato de desalojo, el decreto requirió a todo propietario de vivienda de alquiler registrar sus propiedades inmuebles y pagar una cuota anual; entregar los nombres de todos los adultos que solicitaron una vivienda de alquiler al Departamento de Alguacil para que el mismo comprobara sus antecedentes y utilizar un servicio disponible en el mercado para realizar su propia verificación de antecedentes penales, los gastos de la misma tenían que sufragar el mismo propietario. De no hacerlo, los propietarios podían ser multados.
Más aún, la demanda alega que el Departamento del Alguacil usó el decreto para marcar como blanco a arrendatarios e inquilinos afroestadounidenses y latinos que vivían en zonas de mayoría-minoría de Hesperia. La demanda de los Estados Unidos alega que, al hacer cumplir el decreto, el Departamento del Alguacil avisó a los propietarios que comenzaran a desalojar al hogar entero por la conducta de un solo individuo, incluyendo en casos en los que los inquilinos eran víctimas de la violencia doméstica. Entre los desalojados había niños pequeños que no fueron acusados de ninguna infracción.
La lucha contra la discriminación ilícita en la vivienda es una de las prioridades principales del Departamento de Justicia. La ley de Vivienda Justa prohíbe la discriminación en la vivienda por motivos de raza, color de piel, religión, género, estado civil, origen nacional y discapacidad. Para más información sobre la División de Derechos Civiles y las leyes que hace cumplir, vaya a www.justice.gov/crt-espanol. Para más información sobre la Sección de Derechos Civiles, División Civil de la Fiscalía Federal para el Distrito Central de California, vaya a https://www.justice.gov/usao-cdca/civil-division/civil-rights.
Aquellos individuos que creen haber sido víctimas de discriminación en la vivienda pueden llamar al Departamento de Justicia al 1-800-896-7743 (pulse 1 para continuar en inglés y elija la opción de buzón 4; pulse 2 para continuar en español y elija la opción de buzón 4), enviar un correo electrónico al Departamento de Justicia a [email protected] o comunicarse con HUD at 1‑800-669-9777. También se puede presentar una demanda relacionada con la discriminación en la vivienda o con alguna otra vulneración de derechos civiles ante la Sección de Derechos Civiles, División Civil de la Fiscalía Federal llamando al (213) 894-2879, enviando un correo electrónico a [email protected] o completando y entregando este formulario.
El Departamento de Justicia Entabla Demanda contra la Ciudad de Hesperia, California y el Departamento del Alguacil del Condado de San Bernardino por Haber Discriminado a Inquilinos Afroestadounidenses y LatinosRead the Press Release
LOS ÁNGELES - El Departamento de Justicia anunció hoy que ha entablado una demanda contra la Ciudad de Hesperia y el Departamento del Alguacil (Sheriff) del Condado de San Bernardino, alegando que los mismos han discriminado a inquilinos afroestadounidenses y latinos, en contra de la ley de Vivienda Justa.
La demanda, presentada ante el Tribunal de Distrito de los EE. UU. para el Distrito Central de California, alega que la Ciudad, con un apoyo importante del Departamento del Alguacil, promulgó un decreto de arrendamiento con la intención de abordar lo que un miembro del consejo municipal describió como "problema demográfico," eso es, la población afroestadounidense y latina en aumento, lo cual ocasionó el desalojo de bastantes inquilinos afroestadounidenses y latinos. El decreto, que estaba en vigor entre el 1 de enero del 2016 y el 18 de julio del 2017, fecha en la cual se enmendó, requirió a todo propietario desalojar a inquilinos al ser notificado por el Departamento del Alguacil que dichos inquilinos habían estado involucrados en alguna actividad delictiva en la propiedad o sus alrededores. Más aún, la demanda alega que el Departamento del Alguacil ejerció su discreción sustancial en la ejecución del decreto para marcar como objetivo a los inquilinos afroestadounidenses y latinos y las zonas de mayoría-minoría de Hesperia. Aunque el presunto fin del decreto era combatir "las actividades delictivas," el Departamento del Alguacil notificó a los propietarios que comenzaran a desalojar a familias enteras, incluyendo a niños, para conductas que involucraban a un solo inquilino o a alguien que ni siquiera era inquilino de la propiedad, a desalojar a víctimas de la violencia doméstica y a desalojar a personas basándose únicamente en puras alegaciones y sin pruebas de actividades delictivas.
"Nuestra oficina se ha comprometido a defender los derechos civiles de todos," afirmó Nick Hanna, el Fiscal Federal de los Estados Unidos para el Distrito Central de California. "La protección del público es uno de los deberes más importantes de los gobiernos locales y comisarías, y el público les encomienda tremendos poderes para realizar tal deber. No les permitiremos que abusen de esos poderes al privar a la gente de sus derechos."
"La ley de Vivienda Justa prohíbe que los gobiernos locales promulguen decretos cuya intención es alejar a inquilinos afroestadounidenses y latinos por motivos de su raza y origen nacional o que hagan cumplir sus decretos de una forma discriminatoria," declaró el Fiscal General Auxiliar Eric Dreiband. "El Departamento de Justicia de los Estados Unidos seguirá haciendo cumplir de manera fervorosa la ley de Vivienda Justa a cada persona y cada organización o institución que vulnere las protecciones ofrecidas en virtud de la ley contra la discriminación por motivos de raza u origen nacional y otras formas de discriminación ilícita."
"Las personas y familias tienen derecho a vivir dónde elijan, independientemente de su raza u origen nacional," dijo Anna María Farías, Secretaria Auxiliar de Vivienda Justicia e Igualdad de Oportunidades en el Departamento de la Vivienda y Desarrollo Urbano de los EE. UU. ("HUD," por sus siglas en inglés). "HUD felicita la medida que se tomó hoy y seguirá colaborando con el Departamento de Justicia para abordar políticas y prácticas que vulneran las leyes de vivienda justa de esta nación."
La demanda del Departamento de Justicia se basa en una investigación y denuncia de discriminación radicada por HUD, la cual halló que era mucho más probable que inquilinos afroestadounidenses y latinos fueran desalojados en virtud del decreto que inquilinos blancos, y que los desalojos ocurrieron de manera desproporcionada en las zonas de mayoría-minoría de Hesperia. Según la demanda, HUD determinó que inquilinos afroestadounidenses tenían una probabilidad cuatro veces mayor que la de inquilinos blancos no-hispanos de ser desalojados a causa del decreto y que la probabilidad de que un inquilino latino fuera desalojado era un 29 % mayor que la de un inquilino blanco no-hispano. Los datos del Departamento del Alguacil mostraron que el 96 % de las personas que el Departamento del Alguacil identificó como objeto para el desalojo conforme al decreto durante el año 2016 habían vivido en zonas de censo de mayoría-minoría. HUD determinó que existían motivos fundados para creer que la ciudad y el condado hubieran tenido prácticas de vivienda discriminatorias.
Por otra parte, la demanda alega que funcionarios municipales promulgaron el decreto para alejar a inquilinos afroestadounidenses y latinos de Hesperia. Durante las audiencias del concejo municipal, funcionarios municipales y otros realizaron algunas declaraciones que demostraron que la Ciudad había promulgado el decreto para revertir cambios "demográficos" en Hesperia, lo que incluía enfocarse en presuntos recién-llegados de zonas de Los Ángeles que son predominantemente de minorías.
Los funcionarios municipales expresaron su deseo de que el decreto alejara a los supuestos recién-llegados "muy lejos de nuestro pueblo." La Ciudad promulgó el decreto a pesar de recibir, de varios segmentos de la comunidad, objeciones relacionadas con derechos civiles a muchas de sus disposiciones.
La demanda alega que, además del mandato de desalojo, el decreto requirió a todo propietario de vivienda de alquiler registrar sus propiedades inmuebles y pagar una cuota anual; entregar los nombres de todos los adultos que solicitaron una vivienda de alquiler al Departamento de Alguacil para que el mismo comprobara sus antecedentes y utilizar un servicio disponible en el mercado para realizar su propia verificación de antecedentes penales, los gastos de la misma tenían que sufragar el mismo propietario. De no hacerlo, los propietarios podían ser multados.
Más aún, la demanda alega que el Departamento del Alguacil usó el decreto para marcar como blanco a arrendatarios e inquilinos afroestadounidenses y latinos que vivían en zonas de mayoría-minoría de Hesperia. La demanda de los Estados Unidos alega que, al hacer cumplir el decreto, el Departamento del Alguacil avisó a los propietarios que comenzaran a desalojar al hogar entero por la conducta de un solo individuo, incluyendo en casos en los que los inquilinos eran víctimas de la violencia doméstica. Entre los desalojados había niños pequeños que no fueron acusados de ninguna infracción.
La lucha contra la discriminación ilícita en la vivienda es una de las prioridades principales del Departamento de Justicia. La ley de Vivienda Justa prohíbe la discriminación en la vivienda por motivos de raza, color de piel, religión, género, estado civil, origen nacional y discapacidad. Para más información sobre la División de Derechos Civiles y las leyes que hace cumplir, vaya a www.justice.gov/crt-espanol. Para más información sobre la Sección de Derechos Civiles, División Civil de la Fiscalía Federal para el Distrito Central de California, vaya a https://www.justice.gov/usao-cdca/civil-division/civil-rights-section.
Aquellos individuos que creen haber sido víctimas de discriminación en la vivienda pueden llamar al Departamento de Justicia al 1-800-896-7743 (pulse 1 para continuar en inglés y elija la opción de buzón 4; pulse 2 para continuar en español y elija la opción de buzón 4, enviar un correo electrónico al Departamento de Justicia a [email protected] o comunicarse con HUD at 1‑800-669-9777. También se puede presentar una demanda relacionada con la discriminación en la vivienda o con alguna otra vulneración de derechos civiles ante la Sección de Derechos Civiles, División Civil de la Fiscalía Federal llamando al (213) 894-2879, enviando un correo electrónico a [email protected] o completando y entregando este formulario.
El Departamento de Justicia Entabla Demanda contra la Ciudad de Hesperia, California y el Departamento del Alguacil del Condado de San Bernardino por Haber Discriminado a Inquilinos Afroestadounidenses y LatinosRead the Press Release
LOS ÁNGELES - El Departamento de Justicia anunció hoy que ha entablado una demanda contra la Ciudad de Hesperia y el Departamento del Alguacil (Sheriff) del Condado de San Bernardino, alegando que los mismos han discriminado a inquilinos afroestadounidenses y latinos, en contra de la ley de Vivienda Justa.
La demanda, presentada ante el Tribunal de Distrito de los EE. UU. para el Distrito Central de California, alega que la Ciudad, con un apoyo importante del Departamento del Alguacil, promulgó un decreto de arrendamiento con la intención de abordar lo que un miembro del consejo municipal describió como "problema demográfico," eso es, la población afroestadounidense y latina en aumento, lo cual ocasionó el desalojo de bastantes inquilinos afroestadounidenses y latinos. El decreto, que estaba en vigor entre el 1 de enero del 2016 y el 18 de julio del 2017, fecha en la cual se enmendó, requirió a todo propietario desalojar a inquilinos al ser notificado por el Departamento del Alguacil que dichos inquilinos habían estado involucrados en alguna actividad delictiva en la propiedad o sus alrededores. Más aún, la demanda alega que el Departamento del Alguacil ejerció su discreción sustancial en la ejecución del decreto para marcar como objetivo a los inquilinos afroestadounidenses y latinos y las zonas de mayoría-minoría de Hesperia. Aunque el presunto fin del decreto era combatir "las actividades delictivas," el Departamento del Alguacil notificó a los propietarios que comenzaran a desalojar a familias enteras, incluyendo a niños, para conductas que involucraban a un solo inquilino o a alguien que ni siquiera era inquilino de la propiedad, a desalojar a víctimas de la violencia doméstica y a desalojar a personas basándose únicamente en puras alegaciones y sin pruebas de actividades delictivas.
"Nuestra oficina se ha comprometido a defender los derechos civiles de todos," afirmó Nick Hanna, el Fiscal Federal de los Estados Unidos para el Distrito Central de California. "La protección del público es uno de los deberes más importantes de los gobiernos locales y comisarías, y el público les encomienda tremendos poderes para realizar tal deber. No les permitiremos que abusen de esos poderes al privar a la gente de sus derechos."
"La ley de Vivienda Justa prohíbe que los gobiernos locales promulguen decretos cuya intención es alejar a inquilinos afroestadounidenses y latinos por motivos de su raza y origen nacional o que hagan cumplir sus decretos de una forma discriminatoria," declaró el Fiscal General Auxiliar Eric Dreiband. "El Departamento de Justicia de los Estados Unidos seguirá haciendo cumplir de manera fervorosa la ley de Vivienda Justa a cada persona y cada organización o institución que vulnere las protecciones ofrecidas en virtud de la ley contra la discriminación por motivos de raza u origen nacional y otras formas de discriminación ilícita."
"Las personas y familias tienen derecho a vivir dónde elijan, independientemente de su raza u origen nacional," dijo Anna María Farías, Secretaria Auxiliar de Vivienda Justicia e Igualdad de Oportunidades en el Departamento de la Vivienda y Desarrollo Urbano de los EE. UU. ("HUD," por sus siglas en inglés). "HUD felicita la medida que se tomó hoy y seguirá colaborando con el Departamento de Justicia para abordar políticas y prácticas que vulneran las leyes de vivienda justa de esta nación."
La demanda del Departamento de Justicia se basa en una investigación y denuncia de discriminación radicada por HUD, la cual halló que era mucho más probable que inquilinos afroestadounidenses y latinos fueran desalojados en virtud del decreto que inquilinos blancos, y que los desalojos ocurrieron de manera desproporcionada en las zonas de mayoría-minoría de Hesperia. Según la demanda, HUD determinó que inquilinos afroestadounidenses tenían una probabilidad cuatro veces mayor que la de inquilinos blancos no-hispanos de ser desalojados a causa del decreto y que la probabilidad de que un inquilino latino fuera desalojado era un 29 % mayor que la de un inquilino blanco no-hispano. Los datos del Departamento del Alguacil mostraron que el 96 % de las personas que el Departamento del Alguacil identificó como objeto para el desalojo conforme al decreto durante el año 2016 habían vivido en zonas de censo de mayoría-minoría. HUD determinó que existían motivos fundados para creer que la ciudad y el condado hubieran tenido prácticas de vivienda discriminatorias.
Por otra parte, la demanda alega que funcionarios municipales promulgaron el decreto para alejar a inquilinos afroestadounidenses y latinos de Hesperia. Durante las audiencias del concejo municipal, funcionarios municipales y otros realizaron algunas declaraciones que demostraron que la Ciudad había promulgado el decreto para revertir cambios "demográficos" en Hesperia, lo que incluía enfocarse en presuntos recién-llegados de zonas de Los Ángeles que son predominantemente de minorías.
Los funcionarios municipales expresaron su deseo de que el decreto alejara a los supuestos recién-llegados "muy lejos de nuestro pueblo." La Ciudad promulgó el decreto a pesar de recibir, de varios segmentos de la comunidad, objeciones relacionadas con derechos civiles a muchas de sus disposiciones.
La demanda alega que, además del mandato de desalojo, el decreto requirió a todo propietario de vivienda de alquiler registrar sus propiedades inmuebles y pagar una cuota anual; entregar los nombres de todos los adultos que solicitaron una vivienda de alquiler al Departamento de Alguacil para que el mismo comprobara sus antecedentes y utilizar un servicio disponible en el mercado para realizar su propia verificación de antecedentes penales, los gastos de la misma tenían que sufragar el mismo propietario. De no hacerlo, los propietarios podían ser multados.
Más aún, la demanda alega que el Departamento del Alguacil usó el decreto para marcar como blanco a arrendatarios e inquilinos afroestadounidenses y latinos que vivían en zonas de mayoría-minoría de Hesperia. La demanda de los Estados Unidos alega que, al hacer cumplir el decreto, el Departamento del Alguacil avisó a los propietarios que comenzaran a desalojar al hogar entero por la conducta de un solo individuo, incluyendo en casos en los que los inquilinos eran víctimas de la violencia doméstica. Entre los desalojados había niños pequeños que no fueron acusados de ninguna infracción.
La lucha contra la discriminación ilícita en la vivienda es una de las prioridades principales del Departamento de Justicia. La ley de Vivienda Justa prohíbe la discriminación en la vivienda por motivos de raza, color de piel, religión, género, estado civil, origen nacional y discapacidad. Para más información sobre la División de Derechos Civiles y las leyes que hace cumplir, vaya a www.justice.gov/crt-espanol. Para más información sobre la Sección de Derechos Civiles, División Civil de la Fiscalía Federal para el Distrito Central de California, vaya a https://www.justice.gov/usao-cdca/civil-division/civil-rights-section.
Aquellos individuos que creen haber sido víctimas de discriminación en la vivienda pueden llamar al Departamento de Justicia al 1-800-896-7743 (pulse 1 para continuar en inglés y elija la opción de buzón 4; pulse 2 para continuar en español y elija la opción de buzón 4, enviar un correo electrónico al Departamento de Justicia a [email protected] o comunicarse con HUD at 1‑800-669-9777. También se puede presentar una demanda relacionada con la discriminación en la vivienda o con alguna otra vulneración de derechos civiles ante la Sección de Derechos Civiles, División Civil de la Fiscalía Federal llamando al (213) 894-2879, enviando un correo electrónico a [email protected] o completando y entregando este formulario.
Department of Justice Announces Arrest of United States Citizen for Assisting North Korea in Evading SanctionsRead the Press Release
The Department of Justice announced the unsealing of a criminal complaint charging Virgil Griffith, a United States citizen, with violating the International Emergency Economic Powers Act (IEEPA) by traveling to the Democratic People’s Republic of Korea (“DPRK” or “North Korea”) in order deliver a presentation and technical advice on using cryptocurrency and blockchain technology to evade sanctions. Griffith was arrested at Los Angeles International Airport Thursday, Nov. 28, 2019 and will be presented in federal court today.
“Despite receiving warnings not to go, Griffith allegedly traveled to one of the United States’ foremost adversaries, North Korea, where he taught his audience how to use blockchain technology to evade sanctions,” said Assistant Attorney General for National Security John C. Demers. “By this complaint, we begin the process of seeking justice for such conduct.”
“As alleged, Virgil Griffith provided highly technical information to North Korea, knowing that this information could be used to help North Korea launder money and evade sanctions, said U.S. Attorney Geoffrey S. Berman for the Southern District of New York. “In allegedly doing so, Griffith jeopardized the sanctions that both Congress and the president have enacted to place maximum pressure on North Korea’s dangerous regime.”
“There are deliberate reasons sanctions have been levied on North Korea. The country and its leader pose a literal threat to our national security and that of our allies,” said FBI Assistant Director-in-Charge William F. Sweeney Jr. “Mr. Griffith allegedly traveled to North Korea without permission from the federal government, and with knowledge what he was doing was against the law. We cannot allow anyone to evade sanctions, because the consequences of North Korea obtaining funding, technology, and information to further its desire to build nuclear weapons put the world at risk. It’s even more egregious that a U.S. citizen allegedly chose to aid our adversary.”
According to the complaint unsealed in Manhattan federal court:
Pursuant to the IEEPA and Executive Order 13466, United States Persons are prohibited from exporting any goods, services, or technology to the DPRK without a license from Department of the Treasury, Office of Foreign Assets Control (OFAC).
In or about April 2019, Griffith traveled to the DPRK to attend and present at the “Pyongyang Blockchain and Cryptocurrency Conference” (the “DPRK Cryptocurrency Conference”). Despite that the U.S. Department of State had denied Griffith permission to travel to the DPRK, Griffith presented at the DPRK Cryptocurrency Conference, knowing that doing so violated sanctions against the DPRK. At no time did Griffith obtain permission from OFAC to provide goods, services, or technology to the DPRK.
At the DPRK Cryptocurrency Conference, Griffith and other attendees discussed how the DPRK could use blockchain and cryptocurrency technology to launder money and evade sanctions. Griffith’s presentation at the DPRK Cryptocurrency Conference had been approved by DPRK officials and focused on, among other things, how blockchain technology, including a “smart contract,” could be used to benefit the DPRK. Griffith identified several DPRK Cryptocurrency Conference attendees who appeared to work for the North Korean government, and who, during his presentation, asked Griffith specific questions about blockchain and cryptocurrency and prompted discussions on technical aspects of those technologies.
After the DPRK Cryptocurrency Conference, Griffith began formulating plans to facilitate the exchange of cryptocurrency between the DPRK and South Korea, despite knowing that assisting with such an exchange would violate sanctions against the DPRK. Griffith also encouraged other U.S. citizens to travel to North Korea, including to attend the same DPRK Cryptocurrency Conference the following year. Finally, Griffith announced his intention to renounce his U.S. citizenship and began researching how to purchase citizenship from other countries.
Virgil Griffith, 36, is a resident of Singapore and citizen of the United States. Griffith is charged with conspiring to violate the IEEPA, which carries a maximum term of 20 years in prison. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Assistant Attorney General Demers and Mr. Berman praised the outstanding investigative work of the FBI and its New York Field Office, Counterintelligence Division.
The case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Kimberly Ravener, Michael K. Krouse, and Kyle A. Wirshba are in charge of the case, with assistance from Trial Attorneys Christian Ford and Matthew J. McKenzie of the Counterintelligence and Export Control Section.
The charge in the Complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
Danville Man Sentenced to 282 Months for Drug TraffickingRead the Press Release
LEXINGTON, Ky. - A Danville, Kentucky, man, Lamar M. Ford, 32, was sentenced to 282 months in federal prison on Monday, by Chief U.S. District Judge Danny Reeves, for trafficking 40 grams or more of fentanyl.
In his plea agreement, Ford admitted that, on September 20, 2018, he trafficked 15 grams of fentanyl, from his residence in Danville. He further admitted that law enforcement seized an additional 56.7 grams of fentanyl from his residence and vehicle. The total amount of fentanyl seized was approximately 72 grams.
Ford pleaded guilty to the charge in March 2019. Ford has seven prior felony convictions, including two prior drug trafficking conviction, which qualified Ford as a “Career Offender” under federal law.
Under federal law, Ford must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for 8 years, following his release.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Daniel Dodds, Acting Special Agent in Charge, DEA Louisville; and Sheriff Derick Robbins, Boyle County Sheriff’s Department, jointly announced the sentence.
The investigation was conducted by the DEA and Boyd County Sheriff’s Office. The United States was represented by Roger West.
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D.C. Felon Sentenced to 33 Years in Federal Prison for Committing Two Armed Robberies in Prince George’s CountyRead the Press Release
Greenbelt, Maryland – U.S. District Judge George J. Hazel today sentenced Ronnell Francis Lewis, a/k/a Punkin, age 46, of Washington, D.C., to 33 years in federal prison, followed by five years of supervised release on federal charged related to Lewis’s participation in two armed robberies. On July 3, 2019, after a seven-day trial, a federal jury convicted Lewis and co-defendant William David Hill, a/k/a Old Man and Tank, age 62, for conspiring to commit a commercial robbery; for using, carrying, brandishing, and discharging a weapon during and in relation to a crime of violence; for being felons in possession of firearms; and for interstate transportation of stolen vehicles, in connection with two armed robberies committed by the defendants in November 2016. Lewis was also convicted of witness tampering.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.
“Ronnell Lewis used a gun to threaten employees at businesses he robbed—and shot an employee who resisted being bound and gagged,” said U.S. Attorney Robert K. Hur. “As a result of his choice to commit a crime with a gun, Lewis will now serve a lengthy sentence in federal prison, where there is no parole—ever. Please put down the gun. You’ll save a life, maybe even your own.”
According to the evidence presented at the seven-day trial, Lewis, Hill and a co-conspirator robbed an auto repair business in Clinton, Maryland, on November 22, 2016. Specifically, the evidence proved that the robbers entered the business brandishing firearms and ordered two employees to get on the ground. The defendants took money from the victims’ pockets and then ordered them into the front office. One victim was then bound with zip ties and gagged with duct tape. The second victim fought, was shot by the robbers, and ultimately paralyzed. The robbers then fled in a vehicle they had stolen earlier that day.
As detailed at trial, on November 26, 2016, the defendants robbed a barbershop in Seat Pleasant, Maryland. According to the trial testimony, the two defendants entered the business, ordered everyone to the ground and then robbed them. During the robbery, the defendants threatened the victims with violence. According to the evidence, the robbers put the cash in a dark single strap duffle bag and fled in a stolen minivan. Police saw the minivan at a traffic light and attempted to stop the vehicle but the driver refused to stop, fleeing into Washington, DC. Three individuals exited the vehicle and attempted to run away. The driver and Lewis were captured. The third person, later identified as Hill, escaped but was apprehended later.
Police searched Lewis after his arrest and recovered his cell phone. From the floor of the minivan, Metropolitan Police officers recovered two loaded 9 millimeter handguns, one with an obliterated serial number.
Further, the evidence proved that after the robberies, and while he was detained, Lewis called several people from jail and asked them to visit the victims of the barbershop robbery to persuade them not to cooperate in the investigation, including not testifying before the federal grand jury.
Judge Hazel has scheduled sentencing for Hill on March 11, 2020, at 2:00 p.m. Lewis and Hill have been detained since their arrests on the federal charges.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (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.
United States Attorney Robert K. Hur commended the FBI for its work in the investigation and thanked the Prince Georges County Police Department, the Seat Pleasant Police Department, and the Metropolitan Police Department for their assistance. Mr. Hur thanked Assistant U.S. Attorneys Erin B. Pulice and Dwight J. Draughon, who are prosecuting the case.
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Couple sentenced for transporting more than 100 undocumented adults and childrenRead the Press Release
CORPUS CHRISTI, Texas – A Houston couple has been ordered to federal prison for knowingly and intentionally conspiring to transport illegal aliens, announced U.S. Attorney Ryan K. Patrick.
Kevin Kerr, 32, and Brianna Branch, 30, pleaded guilty Aug. 29.
Today, Senior U.S. District Judge Janis Jack order Kerr to serve 85 months in federal prison, while Branch received a70-month term of imprisonment. Both will also serve three years of supervised release following the completion of their sentence.
In imposing the sentence, the court determined Kerr and Branch to be leaders of the conspiracy which spanned a three-month period in early 2019. The court noted the dangerous manner in which the aliens were transported.
Kerr and Branch were held accountable for the smuggling of more than 100 aliens, including several minors, past South Texas Border Patrol (BP) checkpoints. The couple would recruit drivers from the Houston area to travel to South Texas and place the undocumented aliens in utility trailers - in unnecessary and harsh conditions.
They will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
A total of four other members of the conspiracy have also pleaded guilty for their roles in the conspiracy and are pending sentencing.
Immigration and Customs Enforcement's Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Neel Kapur is prosecuting the case.
Colebrook Man Sentenced to 37 Months for Drug Distribution and Retaliating Against A WitnessRead the Press Release
CONCORD, - Glenn Adjutant, 22, of Colebrook, New Hampshire, was sentenced to 37 months in federal prison for distribution of drugs and retaliating against a witness, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on January 31, 2019, Adjutant sold Suboxone to an individual who was cooperating with law enforcement officers. Later that same day, Adjutant sold Suboxone and Adderall to an individual who was cooperating with law enforcement officials. Both sales occurred within 1,000 feet of an elementary school.
Adjutant was arrested on April 9, 2019 and on approximately April 24, 2019, was released from custody with direction to report immediate to the Farnum Center. Instead, Adjutant returned to Colebrook. While in Colebrook, Adjutant encountered another individual calling her a “rat,” and then used physical force, striking her several times with a closed fist in her torso and head. The attack was in retaliation for the individual providing truthful information regarding Adjutant’s distribution of Suboxone and Adderall to others.
Adjutant previously pleaded guilty on August 23, 2019.
“Drug trafficking has caused damage to large and small communities throughout New Hampshire,” said U.S. Attorney Murray. “Drug dealers undermine public safety and we will not hesitate to seek federal prison sentences in order to deter their illegal activities. This defendant’s drug trafficking and efforts to obstruct justice have earned him a well-deserved term in federal prison.”
This matter was investigated by the DEA, with assistance from the Colebrook Police Department, the New Hampshire State Police, U.S. Customs and Border Protection, the Coos County Sheriff’s Office, the New Hampshire Liquor Commission’s Division of Enforcement and Licensing, the Office of Inspector General of the U.S. Department of Health and Human Services, and the New Hampshire Attorney General’s Office. The case was prosecuted by Assistant United States Attorneys Charles Rombeau and John S. Davis.
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Cocaine Trafficker Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Patricia Rodriguez, 42, of Buenaventura, Colombia, was sentenced today for her role in a cocaine distribution conspiracy that operated between Houston, Texas, and Mobile, Alabama. Rodriguez was extradited from Colombia to face the federal charge, and she entered a guilty plea in March of 2019.
United States District Court Judge Kristi K. Dubose imposed a sentence of 36 months imprisonment. Rodriguez will be turned over to a duly authorized immigration official for deportation upon completion of her federal sentence. The judge also imposed a supervised release term of five years and a $100 special assessment. No fine was imposed.
The case was investigated by the Department of Homeland Security Investigations and the Mobile County Sheriff’s Office. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.Carpentersville Man Pleads Guilty to Mail FraudRead the Press Release
ROCKFORD — A Carpentersville man pleaded guilty today in federal court before U.S. District Judge Sara L. Ellis to mail fraud.
ROBERTO FISHER, 50, admitted in a written plea agreement that from March 9, 2010, to May 25, 2013, he and others devised and participated in a scheme to defraud and to obtain money from the U.S. Treasury Department.
Sentencing for Fisher is set for March 27, 2020, at 10:30 a.m. He faces a maximum sentence of 20 years’ imprisonment.
The guilty plea was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Kathy A. Enstrom, Special Agent-in-Charge of the Chicago office of the Internal Revenue Service – Criminal Investigation Division; Craig Goldberg, Inspector-in-Charge of the Chicago Division of the U.S. Postal Inspection Service; and James M. Gibbons, Special Agent-In-Charge of the Chicago Field Office of Homeland Security Investigations. The government is represented by Assistant U.S. Attorney Michael D. Love.
In the plea agreement, Fisher admitted that from March 9, 2010, through May 18, 2012, he met with PATTY CORDOBA, the owner and manager of PATTY’S TAX SERVICE (“PTS”) - a tax preparation business in Capron and McHenry - and other PTS employees, including MARIO CORDOBA, LUISA CARBAJAL, and ALICIA AREVALO, to provide information to PTS to have fraudulent tax returns prepared and filed on behalf of individuals who resided in Mexico. As part of the scheme to defraud, Fisher provided false information about individuals who resided in Mexico in order to obtain Individual Taxpayer Identification numbers to file fraudulent federal income tax returns. During that time period, Fisher provided PTS with identifying information for eleven individuals and their dependents, all of whom resided in Mexico. Fisher admitted he told those individuals that he was going to use their information for tax purposes and that he would give them money for allowing him to use their information. Fisher admitted that he provided the fraudulent individual tax identification numbers to Patty Cordoba and other employees of PTS to prepare 53 fraudulent Form 1040s in those names.
After May 18, 2012, Fisher continued the scheme to defraud by preparing four additional fraudulent Form 1040s for the 2012 tax year, and he signed the four returns in the names of those individuals. Fisher admitted that he, Patty Cordoba, Mario Cordoba, Luisa Carbajal, Arevalo and other PTS employees mailed the 57 returns to the IRS Service Centers in Austin, Tex., Fresno, Calif., and Kansas City, Mo. Fisher also admitted that after some of the returns were filed, the IRS requested additional information on some of the returns filed and that he provided letters to Patty Cordoba and other PTS employees who prepared letters in response to the IRS letters. Patty Cordoba signed the letters in the names of the other individuals and either Fisher or Patty Cordoba or another PTS employee mailed the letters to the IRS.
Based on the 57 false and fraudulent Form 1040s submitted to the IRS, the U.S. Treasury issued and mailed tax refund checks to the addresses listed on the false tax returns in the names of those individuals. Patty Cordoba opened bank accounts in the names of ten individuals. Fisher deposited the 57 tax refund checks into those accounts or into his own bank account and withdrew the funds from some of the bank accounts. As a result of Fisher’s filing of the 57 fraudulent tax returns, the IRS issued approximately $207,467 in refunds to which Fisher was not entitled.
Patty Cordoba, of Crystal Lake, and several others were charged in a related case. Patty Cordoba pleaded guilty to mail fraud and on Sept. 28, 2016, and was sentenced to 55 months in federal prison and ordered to pay restitution of $1,115,072. Her co-defendants in that case also pleaded guilty to mail fraud, including: Arevalo, of Poplar Grove, who was sentenced on Aug. 29, 2016, to 21 months in prison and ordered to pay restitution of $1,115,072; CESAR BESICHE, also known as Cesar Beciche-Barranco, of McHenry, who was sentenced on March 15, 2016, to time served and ordered released to the U.S. Department of Immigration and Customs Enforcement for processing of deportation proceedings against him; Carbajal, of Marengo, who was sentenced on June 23, 2016, to 16 months in prison and ordered to pay restitution of $1,115,072; Mario Cordoba, of Crystal Lake, who was sentenced on Sept. 1, 2016, to 33 months in prison and ordered to pay restitution of 1,115,072; OLGA LIDIA DIAZ-HERNANDEZ, also known as Olga Diaz, of McHenry, who was sentenced on July 8, 2016, to 21 months in prison and ordered to pay restitution of $166,296; VERONICA SANCHEZ-BARRADAS, of McHenry, who was sentenced on June 7, 2016, to 27 months in prison and ordered to pay restitution of $252,398; and VICTOR HERNANDEZ, of McHenry, who was sentenced on May 31, 2016, to 27 months in prison and ordered to pay restitution of $252,398.
Calaveras County Man Pleads Guilty to Embezzling Housing Assistance Program FundsRead the Press Release
FRESNO, Calif. — Raymond Cawthorne, 57, of Valley Springs, pleaded guilty today to embezzlement of public funds, U.S. Attorney McGregor W. Scott announced.
According to court documents, between May 2015 and Oct. 2016, Cawthorne embezzled over $14,000 belonging to the Keep Your Home California (KYHC) Program. KYHC was a federally funded program launched in response to the 2008 financial crisis that provided eligible homeowners with temporary mortgage assistance so that they could avoid foreclosure and stay in their homes. The KYHC program was part of a broader effort by the federal government to stabilize the nation’s housing market where states with the most distressed markets received federal monies to develop locally tailored foreclosure prevention solutions.
Cawthorne is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Feb. 24, 2020. Cawthorne faces a maximum penalty of 10 years in prison and a fine of up to $250,000. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
The case is the product of an investigation by the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP), a federal law enforcement agency that targets crime at financial institutions and federally funded housing programs. Assistant U.S. Attorney Joseph Barton is prosecuting the case.
Bergen County Man Sentenced to Five Years in Prison for Distribution and Possession of Child PornographyRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, man was sentenced today to 60 months in prison for distributing and possessing videos and images of child sexual abuse, U.S. Attorney Craig Carpenito announced.
Malcolm Salamanca, 29, of Ridgefield, New Jersey, previously pleaded guilty before U.S. District Judge Esther Salas to an information charging him with one count of distribution of child pornography and one count of possession of child pornography. Judge Salas imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:Salamanca used a peer-to-peer file-sharing program to download and share videos and images of child sexual abuse. In November 2016, undercover law enforcement agents downloaded some of those images and videos from Salamanca’s computer. After executing a search warrant at Salamanca’s home in November 2017, agents located more videos of child sexual abuse on Salamanca’s computers.
In addition to the prison term, Judge Salas sentenced Salamanca to five years of supervised release and imposed a special assessment of $10,000 under the Justice for Victims of Human Trafficking Act.
U.S. Attorney Carpenito credited special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Brian Michael in Newark, with the investigation leading to today’s sentencing. He also thanked the Bergen County Prosecutor’s Office, the Ridgefield Police Department and the U.S. Postal Inspection Service for their assistance with the investigation.
The government is represented by Assistant U.S. Attorney Melissa Wangenheim, Chief of the Opioids Unit in Newark.
Defense counsel: Paul Brickfield Esq., River Edge, New Jersey
Armed Drug Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Richard Wayne Bennett, 44, of Robeline, Louisiana, was sentenced this morning for his possession with intent to distribute methamphetamine and possession of a firearm in relation to a drug trafficking felony. Bennett pled guilty to the two charges in March of 2019.
United States District Court Judge Kristi K. Dubose imposed a sentence of 10 years on the drug count, and 5 years on the gun count, to be served consecutively as required by law. The judge ordered that Bennett will serve 5 years on supervised release following his release from imprisonment, during which he will undergo testing and treatment for drug abuse. No fine was imposed but Bennett was ordered to pay $200 in mandatory special assessments.
The case was investigated by the Baldwin County Sheriff’s Office and the Drug Enforcement Administration. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
9TH CBL/BFL Member Pleads Guilty to Racketeering Conspiracy and Selling Crack CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Shameris Washington, a/k/a GB, 22, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to racketeering conspiracy and possession with intent to distribute crack cocaine. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Of the 13 CBL/BFL Gang members charged in this case, Washington is the ninth to be convicted.Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that the defendant was a member of the CBL/BFL Gang, which stands for, among other things, “Cash Been Long” and “Brothers for Life.” The gang, which was involved in the illegal possession and distribution of narcotics, was formed around 2009 and operates primarily in the City of Buffalo at the Towne Gardens Housing Complex. The gang used violence, including murder and attempted murder, threats, and intimidation to defend their territory against rivals and anyone deemed to be a threat to the gang.
During his plea, defendant Washington admitted to the following:
• In 2013 and 2014, Washington and others recorded several music videos in and around the Towne Gardens for songs entitled “Damn Fool,” “My Side of Town,” and “War.” Washington and others displayed firearms, United States currency, and association with the enterprise.
• On August 21, 2015, Washington was in a vehicle on Dodge Street in Buffalo with others, and shot at Victim J, a rival gang member, attempting to kill him, in retaliation for the shooting of a charged co-defendant.
• On August 30, 2015, Washington was in a vehicle at Genesee and Crossman Streets in Buffalo with others, and shot at Victim K, a rival gang member, attempting to kill him, in retaliation for the shooting of a charged codefendant.
• On September 21, 2015, Washington appeared in a video on Snapchat with a charged co-defendant who possessed a rifle while Washington possessed ammunition in the video.
• On January 1, 2017, Washington was at a New Year’s Eve Party in an apartment building in the Towne Gardens. An individual entered the party and struck a charged co-defendant with a bottle. Washington and others then punched and kicked the individual and trapped him in an apartment.
• On February 16, 2018, Washington was present in the cellblock at the United States Courthouse of the Western District of New York. He was left alone in a cell pending a court proceeding. When the defendant was retrieved from his cell for the proceeding, a Deputy United States Marshal observed “BxFxL” carved into the cellblock wall, which was not present when the defendant entered the cellblock.
• In 2015, Washington sold crack cocaine at least 10 times, and heroin at least 20 times, to an individual working with investigators.
• On December 1, 2017, at 15 Mary Johnson Boulevard in Buffalo, Washington fled from Buffalo Police Officers and discarded a pistol and ammunition. Following the chase, officers stopped the defendant, arrested him, and transported him to Buffalo Central Booking. After Washington left the police vehicle, officers recovered a bag containing a quantity of butyryl fentanyl.The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the New York State Police, under the direction of Major Edward Kennedy; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; the Cheektowaga Police Department, under the direction of Chief David Zack; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Lackawanna Police Department, under the direction of Chief James Michel; and the Erie Crime Analysis Center. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn.
Sentencing is scheduled for April 10, 2020, at 9:30 a.m. before Judge Vilardo.
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