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Thursday 14 November 2019
Father and Son Sentenced in Fraudulent Short Sale Scheme to Defraud Mortgage Lenders and Tax EvasionRead the Press Release
NEWARK, N.J. – A father and son from Bergen County, New Jersey, were sentenced today to 27 months in prison and eight months of home detention, respectively, for their roles in a scheme to use straw buyers and short sales on properties to defraud mortgage lenders out of hundreds of thousands of dollars and to avoid paying taxes on the proceeds of the scheme, U.S. Attorney Craig Carpenito announced.
George Bussanich Sr., 60, of Park Ridge, New Jersey, was sentenced to 27 months in prison. He previously pleaded guilty before U.S. District Judge Claire C. Cecchi to a superseding information charging him with one count of bank fraud conspiracy and one count of tax evasion. His son, George Bussanich Jr., 39, of Upper Saddle River, New Jersey, was sentenced to eight months of home detention. He previously pleaded guilty to tax evasion. Judge Cecchi imposed both sentences today in Newark federal court.
According to documents filed in this case and statements made in court:
Between 2009 and 2012, Bussanich Sr. and Bussanich Jr. conspired to defraud mortgage lenders through the sham short sales of two properties, located on Jefferson Avenue in Emerson, New Jersey, and Lillian Street in Park Ridge.
Bussanich Sr. controlled various purported medical clinics and surgical centers in New Jersey. He recruited his business partner and an employee from a sleep clinic in Cliffside Park, New Jersey, to pose as legitimate, unrelated buyers of the properties. In order to conceal his involvement, Bussanich Sr. used a business entity he controlled to fund each short sale transaction and the subsequent repurchase of those properties. Bussanich Jr., the owner of record of both properties, negotiated the short sales with the lenders using materially false information that misrepresented the circumstances of the short sales, the relationships of the parties, and the source of funding for the transactions.
Approximately two years after the fraudulent short sales, Bussanich Sr. bought the properties back from the straw purchasers using money that he owed his business partner from an earlier venture.
Bussanich Sr. and Bussanich Jr. also failed to disclose on their tax returns income that they received from the purported medical clinics and surgical centers. Bussanich Sr. and Bussanich Jr. used those funds to purchase high-end luxury vehicles and to purchase official bank checks to fund the fraudulent short sales.
In addition to the prison terms, Judge Cecchi sentenced Bussanich Sr. to five years of supervised release and Bussanich Jr. to three years of supervised release.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, and special agents of IRS – Criminal Investigation, under the direction of Special Agent in Charge John R. Tafur, with the investigation leading to today’s sentencings.
The government is represented by Assistant U.S. Attorney Ari B. Fontecchio of the Office’s Economic Crimes Unit, and Nicholas P. Grippo, Attorney in Charge of the Trenton Office.
Defense counsel: Stacy Biancamano Esq., Jersey City, New Jersey
Farmington Man Sentenced to 46 Months for Participating in Fentanyl Trafficking ConspiracyRead the Press Release
CONCORD - Randy Stevens, 29, of Farmington, was sentenced to 46 months in federal prison for conspiracy to possess fentanyl with intent to distribute and possession of fentanyl with the intent to distribute, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on June 30, 2018, an individual who was cooperating with law enforcement officers advised that Stevens planned to travel from Rochester, New Hampshire to the Lawrence, Massachusetts area in a pickup truck to purchase a large quantity of fentanyl. Later the same day, law enforcement officers observed the truck travel from Rochester to a liquor store in Lawrence. After the vehicle returned to New Hampshire, it was stopped by the New Hampshire State Police for a traffic violation. Stevens was a passenger in the vehicle. After a narcotics detection dog alerted to the presence of narcotics in the truck, 269.3 grams of fentanyl were recovered.
On the evening of June 2, 2018, a Kingston, New Hampshire police officer conducted a traffic stop of a motorcycle that Stevens was operating on Route 125. Stevens provided the officer with a false name and the officer later recovered 42 grams of fentanyl from the motorcycle.
Stevens previously pleaded guilty on August 2, 2019.
“Interstate fentanyl trafficking has produced devastating consequences for the people of New Hampshire.” said U.S. Attorney Murray. “In order to stop this deadly trade and protect our citizens, we will seek the prosecution and incarceration of responsible parties. Mr. Stevens’ prison sentence should serve as a warning to drug dealers who are inclined to engage in similar conduct.”
“Fentanyl distribution is destroying people’s lives and wreaking havoc in our communities,” said DEA Special Agent in Charge Brian D. Boyle. “DEA and our law enforcement partners will aggressively pursue and bring to justice any individual or organization that distributes this poison.”
This matter was investigated by the Drug Enforcement Administration and the New Hampshire State Police. The case was prosecuted by Assistant U.S. Attorney Jennifer Cole Davis.
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Fairfield Man Charged with Attempted Online Coercion of a Child and Distribution of Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Kevin Blaine Cline, 46, of Fairfield, charging him with attempted online coercion of a child and distribution of child pornography, U.S. Attorney McGregor W. Scott announced.
According to the criminal complaint, on Nov. 1, an undercover agent observed Cline’s post on the social media platform called Whisper that said he was “Looking for dad’s (sic) who love their daughters near me I...... Have a question.” The notation at the bottom of Cline’s post said, “Freaky Sexual Desires.” During a two-day conversation on Whisper with the undercover agent, Cline sent two images of child pornography to the agent and attempted to arrange a meeting with a 7‑year-old girl in order to sexually molest her. Cline then drove from Fairfield to Pleasant Hill to meet up with the intended victim. When Cline arrived, he was placed under arrest.
This case is the product of an investigation by the Silicon Valley Internet Crimes Against Children Task Force (SVICAC) a federally and state-funded task force with agents from federal, state, and local agencies that investigates online child exploitation crimes, including child pornography, enticement, and sex trafficking. The Contra Costa District Attorney’s Office and Homeland Security Investigations conducted the investigation as part of the SVIAC. Assistant U.S. Attorney Christina McCall is prosecuting the case.
If convicted of attempted online coercion, Cline faces a mandatory minimum penalty of 10 years in prison and a maximum statutory penalty of life in prison and a $250,000 fine. Any sentence, however, would 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 charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Drug dealer with baby who had cocaine in system sent to prisonRead the Press Release
CORPUS CHRISTI, Texas – A 33-year-old Corpus Christi resident and member of the Sureno 13 gang has been ordered to federal prison following his convictions for possession with intent to distribute crack cocaine and carrying a firearm in furtherance of drug trafficking, announced U.S. Attorney Ryan K. Patrick. Manual Lozano pleaded guilty July 15.
Today, U.S. District Judge John D. Rainey handed Lozano a 130-month sentence. He was further ordered to serve three years of supervised release as to each count and refrain from association with gang members.
The investigation revealed Lozano was involved in drug distribution from his 14th Street residence in Corpus Christi. Law enforcement executed a search warrant there, at which time they seized cocaine, crack cocaine, high potency meth known as “ice,” heroin and marijuana in various distribution quantities. They also found digital scales used to weigh the narcotics, glass tubes used to smoke cocaine and $2,883.
Authorities also discovered several firearms and ammunition in his possession. Those included an AK-47 style assault rifle as well as 9mm and .45 caliber handguns.
At the time of the search, Lozano’s 18-month old son was in his care and present in the home. Child Protective Services took custody of that child who tested positive for cocaine.
Lozano admitted he possessed the firearms in order to protect his narcotics trafficking operations. Lozano has multiple prior convictions for burglaries in Miami, Florida, and Edinburg as well as being a felon in possession of a firearm in Florida. As a convicted felon, he is prohibited from possessing firearms or ammunition per federal law.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Immigration and Custom’s Enforcement’s Homeland Security Investigations and Corpus Christi Police Department conducted the investigation. Assistant U.S. Attorney David Paxton prosecuted the case.
Dover Man Sentenced to 10 Years for Methamphetamine TraffickingRead the Press Release
CONCORD – Alfonz Vei, 45, of Dover, was sentenced to 10 years in federal prison for distributing methamphetamine, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, beginning in September of, 2018, an undercover law enforcement officer (UC) purchased methamphetamine from Kristen Hodgkins. On October 9, 2018, in Dover, Vei and Hodgkins distributed 43.6 grams of methamphetamine to a UC. Agents observed Vei weighing out the methamphetamine on a scale just before Hodgkins took the drugs and delivered them to the UC.
On January 11, 2019, postal inspectors intercepted a package from a fictitious address and addressed to a residence in Dover, where Vei had a prior affiliation. Investigators observed Vei arrive at the address at approximately the time the package was due to be delivered. The package was searched pursuant to a warrant and was determined to contain 444.4 grams of methamphetamine.
On January 16, 2019, Vei was stopped driving a car in Exeter. He had an unloaded Glock 9 mm firearm in the vehicle, as well as approximately one ounce of methamphetamine and 115 ecstasy pills.
Hodgkins was sentenced to 84 months on September 25, 2019. Vei previously pleaded guilty on July 30, 2019.
“Methamphetamine is a dangerous drug that presents a growing threat to the citizens of New Hampshire,” said U.S. Attorney Murray. “Even as we combat the opioid crisis, we remain committed to working closely with our law enforcement partners to identify, prosecute, and incarcerate those who endanger our community by distributing methamphetamine and other dangerous drugs.”
“As methamphetamine seizures by law enforcement are on the rise DEA stands committed to keeping this highly addictive drug out of the Granite State,” said DEA Special Agent in Charge Brian D. Boyle. “This investigation demonstrates the strength of collaborative law enforcement efforts in New Hampshire.”
This matter was investigated by the Drug Enforcement Administration and the United States Postal Inspection Service with assistance from the New Hampshire State Police and the Rochester Police Department. The case was prosecuted by Assistant U.S. Attorney John Davis.
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Doctor Sentenced to 7 Months in Federal Prison for Receipt and Delivery of Misbranded DevicesRead the Press Release
POCATELLO – Temp Ray Patterson, MD, 55, formerly of Burley, Idaho, was sentenced to seven months in prison for receipt and delivery of misbranded devices, U.S. Attorney Bart M. Davis announced today. U.S. District Judge B. Lynn Winmill also sentenced Patterson to serve one year of supervised release following his incarceration, and to pay restitution of $8,200 and a fine of $10,000.
According to court records, from March 2014 through April 2015, Patterson knowingly implanted in patients nine pairs of misbranded breast implants that were not approved by the Food and Drug Administration (FDA). The breast implants were shipped to the defendant from China.
Patterson provided brochures, handouts, pre-operative worksheets, and sample sizers that misled his patients into believing that they would receive FDA-approved implants, when they did not. For example, on February 27, 2015, Patterson implanted in a patient a misbranded pair of implants from China. Before and after the surgery, Patterson gave the patient labeling for FDA-approved implants, telling her that she received a certain brand of FDA-approved implants. To support this, Patterson sent the patient emails with pictures of the boxes and serial numbers of FDA-approved implants, falsely claiming that was what he implanted in her body. In addition, Patterson changed the patient’s medical records to show that she received a different size implant than was actually used. Patterson changed the size to match the sizing of the FDA-approved implants he told the patient he used.
“Members of the community trust their medical providers to use FDA-approved products,” said U.S. Attorney Davis. “Doctors who choose to mislead their patients and use unapproved products will be prosecuted. I commend the efforts of the FDA Office of Criminal Investigations for their work.”
“U.S. consumers rely on the FDA to ensure that medical devices, including breast implants, are safe and effective. They also rely on their doctors to properly identify the devices they are using,” said Special Agent in Charge Lisa L. Malinowski, FDA Office of Criminal Investigations Los Angeles Field Office. “When medical professionals attempt to put profits above their concern for their patients, we will investigate and bring them to justice.”
This case was investigated by Food and Drug Administration Office of Criminal Investigations with the assistance of Health and Human Services Office of Inspector General.
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Detroit Area Pharmacist Convicted of Unlawful Distribution of Controlled Substances in a Three Year Opioid Drug Diversion ConspiracyRead the Press Release
A Detroit area pharmacist was convicted yesterday in federal court in Detroit on charges of conspiracy to unlawfully distribute controlled substances and individual counts of unlawful distribution of opioids, U.S. Attorney Matthew Schneider announced today.
Schneider was joined in the announcement by Special Agent in Charge Keith Martin, U.S. Drug Enforcement Administration, Detroit Field Division; Special Agent in Charge Manny Muriel, Internal Revenue Service, Criminal Investigations; and Special Agent in Charge Steven D’Antuono, Federal Bureau of Investigation, Detroit Division.
Abidoun Fabode, R.Ph., 57, of Chesterfield, was convicted after a two-week trial on five counts charged in the indictment, including one count of conspiracy to unlawfully distribute controlled substances and four substantive counts of unlawful distribution.
The evidence presented during trial demonstrated that from January 2015 through March 2018, Fabode, who co-owned and operated Friendz Pharmacy in Detroit, dispensed more than 245,080 unit dosages of controlled substances which were issued outside the course of legitimate medical practice and for no legitimate medical purpose. The opioid prescriptions were presented to the defendant by patient recruiters who obtained the pills either from doctors willing to write unnecessary controlled substance prescriptions or people engaged in creating fake prescriptions. Fabode, fully knowing the illegitimacy of these prescriptions, dispensed the extremely dangerous and addictive opioids, including Oxycodone and Oxymorphone, in exchange for cash payments totaling in excess of $1,895,000. The pills were then later resold on the street market by the pill dealers, and carry a conservative estimated wholesale street value of $7 million.
Five other co-defendants, including pharmacists Enitan Sodiya-Ogundipe of Global Health Pharmacy in Pontiac; pharmacist Amir Rafi of Precare Pharmacy in Redford; Dr. Vasan Deshikachar; and pill dealers Niesheia and Andrei Tibu; all pled guilty to the conspiracy late last year. They are each set to be sentenced for their roles in this opioid drug diversion scheme in the coming months.
This case was prosecuted by Assistant United States Attorneys Brandy R. McMillion and A. Brant Cook. McMillion serves as the District’s Opioid Fraud Abuse and Detection Prosecutor as well as the Deputy-Chief of the Health Care Fraud Unit. The Opioid Fraud Abuse and Detection Unit is a Department of Justice initiative designating twelve special prosecutors across the country to focus on prosecuting medical professionals that are contributing to the nation’s opioid crisis. The case was investigated by special agents and task force officers of the DEA, the Oakland Country Sheriff’s Department, the Internal Revenue Service, and the Federal Bureau of Investigation.
Dallas, Texas Man Pleads Guilty to Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jacob Thomas Decker, age 28, of Dallas, Texas, entered a guilty plea to Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), punishable by not more than 20 years imprisonment, a fine up to $1,000,000.00, or both.
The Indictment alleged that on or about January 16, 2019, within the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The charges arose from an investigation by the Durant Police Department, the Johnston County Sheriff’s Office, the Oklahoma Highway Patrol, and the Drug Enforcement Administration.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Rob Wallace represented the United States.
Convicted Felon with A Violent Past Found Guilty in Federal Firearms TrialRead the Press Release
Valdosta, Ga. – A convicted felon with a violent criminal past was found guilty this afternoon of possession of a firearm by a convicted felon, announced Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. After deliberating approximately one hour, a citizen jury convicted David Earl Butler, 30, of Valdosta. U.S. District Judge Louis Sands presided over the federal jury trial in Valdosta that began on Tuesday, November 12, 2019. Defendant Butler faces a maximum ten years imprisonment, a maximum $250,000 fine and three years supervised release. Sentencing has not been scheduled. There is no parole in the federal system.
Defendant Butler was taken into custody by Lowndes County Sheriff’s Office deputies on April 3, 2018, arrested on an outstanding felony warrant for aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony. During a lawful search of the residence where Defendant Butler was taken into custody, deputies found a loaded .40 caliber Desert Eagle handgun and a box of .40 caliber ammunition. Defendant Butler was previously convicted of aggravated assault and terroristic threats in the Superior Court of Lowndes County, Georgia. The Defendant is currently on felony probation in Lowndes County. It is illegal for convicted felons to possess firearms.
“This case illustrates our multi-agency effort to enforce gun laws that prohibit convicted felons from possessing firearms, particularly when the convicted felon has a history of violence,” said U.S. Attorney Charlie Peeler. “It is a priority of this office to identify and prosecute violent offenders who jeopardize the safety of our communities. I want to thank the Lowndes County Sheriff’s Office, the FBI, and the Georgia Department of Community Supervision for their work in this case.”
This case was prosecuted as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was investigated by the Lowndes County Sheriff’s Office, Federal Bureau of Investigation, and the Georgia Department of Community Supervision. Assistant U.S. Attorneys Julia Bowen and Michael Solis are prosecuting the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Cleveland, ND, Woman Pleads Guilty to Visa and Mail FraudRead the Press Release
FARGO – United States Attorney Drew H. Wrigley, District of North Dakota, announced that on November 14, 2019, Catherina Knecht, a/k/a Catherina Rheeder, age 43, formerly from Cleveland, ND, now residing in Williston, ND, pleaded guilty before Chief Judge Peter D. Welte, U.S. District Court, Fargo, ND, to an Indictment charging her with False Statement, False Swearing in an Immigration Matter, and Mail Fraud.
Knecht ran a business, Liberty Immigration & Visas, from her home in Cleveland, ND. Liberty Immigration aided employers seeking to obtain temporary workers under the H-2A (temporary agricultural) and H-2B (temporary nonagricultural) visa programs. An investigation by the Department of Labor’s Wage and Hour Division uncovered evidence of Knecht engaging in visa fraud. The Document Benefits Fraud Task Force in Minneapolis, MN, conducted a criminal investigation. They found evidence of fraud throughout Knecht’s visa work. This fraud included fraudulently securing H-2A status for foreign workers under the approved H-2A petitions of certain employers without the knowledge of those employers. Knecht then placed those H-2A workers with a different employer who was not authorized to employ H-2A workers. In the course of doing so, Knecht made materially false statements in both applications to Department of Labor (DOL) and in petitions to US Citizenship and Immigration Service (USCIS). Knecht committed mail fraud by submitting those applications via the mail. Knecht also placed foreign workers without authorization to work in the United States with employers and required the employers to pay her directly, telling those employers the workers’ visa paperwork was in progress.
Sentencing is scheduled for February 12, 2020, at 9:00 a.m., before Chief Judge Peter D. Welte.
"Securing the borders through immigration enforcement is a top priority for our Administration, and document fraud is the crime that too often helps keep people in the country illegally, so we will remain committed to prosecuting those whom attempt to dangerously erode our immigration and visa laws," said United States Attorney Drew Wrigley.
"Homeland Security Investigations remains committed to working in collaboration with our law enforcement partners to identify and dismantle criminal schemes designed to exploit our nation’s legal immigration system and interfere with legitimate businesses," said Tracy J. Cormier, Special Agent in Charge, HSI, St. Paul, MN. "HSI’s mission to bring these criminals to justice is instrumental to protecting the public and keeping these government programs intact."
"Catherina Knecht misused the H-2A program in order to enrich herself at the expense of foreign workers and American employers. The U.S. Department of Labor -Office of Inspector General will continue to work with the Department’s Wage and Hour Division and our law enforcement partners to vigorously pursue those who commit fraud involving foreign labor certification programs," said Irene Lindow, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor - Office of Inspector General.
"Today’s guilty plea sends a strong message: The Diplomatic Security Service is committed to working with the U.S. Department of Justice, and our local law enforcement partners to investigate and prosecute all allegations of criminal activity related to passport and visa fraud," said Patrick S. Mills, Special Agent in Charge of the DSS Chicago Field Office. "The strong relationship we enjoy with our federal and local law enforcement partners is vital towards ensuring the integrity of U.S. travel documents and protecting greater U.S. interests."
This case was investigated by the Document Benefits Fraud Task Force (DBFTF). The Department of Homeland Security, Department of Justice, Department of Labor, and Department of State created the "Document and Benefit Fraud Task Force" to combat document and immigration benefits fraud. The DBFTF is comprised of federal, state, and local law enforcement agencies that target criminal organizations and beneficiaries behind fraudulent schemes. Agencies involved were the U.S. Department of State - Diplomatic Security Service, U.S. Department of Labor - Office of Inspector General, Department of Homeland Security - Homeland Security Investigations Document Benefit Fraud Task Force, United States Citizenship and Immigration Service, and U.S. Department of Labor - Wage and Hour Division.
This case was prosecuted by Assistant United States Attorney Megan A. Healy.
Chicago Man Sentenced to 65 Months in PrisonRead the Press Release
FORT WAYNE – Julian Hall Hurnes, age 30, of Chicago, Illinois was sentenced before U.S. District Court Judge Holly A. Brady for possession of a firearm by a convicted felon, announced U.S. Attorney Kirsch.
Hurnes was sentenced to 65 months in prison followed by 3 years of supervised release.
According to documents in this case, on January 12, 2019, Hurnes was the driver of a vehicle stopped for a traffic violation. Upon speaking with Hurnes, the officer noticed an odor of marijuana and asked Hurnes about it. Hurnes offered to allow the officer to search the vehicle. The officer located a handgun --which had an extended magazine loaded with 24 bullets-- under the driver’s seat. Hurnes had prior felony drug and residential burglary convictions.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department. The case was handled by Assistant United States Attorney Sarah E. Nokes.
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Chicago Felon Sentenced for East Texas Drug Trafficking CrimesRead the Press Release
TEXARKANA, Texas – A 44-year-old Chicago, Illinois, man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
James L. Morgan was found guilty on Apr. 26, 2019, of possession with intent to distribute methamphetamine and being a felon in possession of a firearm following a four-day trial before U.S. District Judge Robert W. Schroeder, III. Morgan was sentenced to 160 months in federal prison today by Judge Schroeder.
According to information presented in court, on Sep. 28, 2017, Morgan was stopped by Texas DPS troopers on IH-30 near Mt. Pleasant, Texas, for failing to maintain a single lane of traffic. During the traffic stop, Morgan fled on foot while a passenger, Antonio Alexander Lee, got back in the vehicle and drove away before being stopped by spike strips in Bowie County, Texas. Morgan was apprehended on a rural county road after crossing all lanes of IH-30 on foot and a barbed wire fence. A search of the vehicle revealed more than 75 grams of actual methamphetamine, a loaded firearm, a digital scale and approximately one gram of heroin. Further investigation revealed Morgan was a convicted felon and prohibited from owning or possessing firearms or ammunition. Morgan and Lee were indicted by a federal grand jury on Oct. 18, 2017.
Lee pleaded guilty to conspiracy to possess a controlled substance and was sentenced to 94 months in federal prison on Aug. 21, 2018.
This case was investigated by the Texas Department of Public Safety, Criminal Investigation and Highway Patrol Divisions; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Drug Enforcement Administration; Titus County Sheriff’s Office; Bowie County Sheriff’s Office; and the Cass County District Attorney’s Office. The case was prosecuted by Assistant U.S. Attorneys Allen Hurst, Jonathan R. Hornok and Graham Jones.
Charleston Man Sentenced to 10 Years in Federal Prison for Distributing MethamphetamineRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced to federal prison for a drug trafficking offense, announced United States Attorney Mike Stuart. George Ray Breckenridge, 41, was sentenced to 10 years in prison for distribution of methamphetamine. He will serve 96 months of supervised release after his imprisonment.
“A significant sentence for a significant meth dealer,” said United States Attorney Mike Stuart. “As you can see in this case, law enforcement agencies are working together like never before to get drug dealers like Breckenridge out of our communities and away from our families.”
Breckenridge previously admitted that he distributed methamphetamine. Court hearings and public filings established that, on August 2, 2018, Breckenridge, working with two other drug traffickers, traveled from his house on Garrison Avenue in Charleston to the Dunbar Plaza Hotel, where he delivered 34 grams of pure methamphetamine to a confidential informant. Police investigators tried to initiate a traffic stop on Breckenridge’s car as he drove back home from the hotel. Breckenridge then took off back to his house on Garrison Avenue, where he fled on foot into the woods. Investigators arrested Breckenridge minutes later.
The Metropolitan Drug Enforcement Network Team (MDENT), the Nitro Police Department, the Charleston Police Department, the South Charleston Police Department, the Kanawha County Sheriff’s Department, and the Drug Enforcement Administration (DEA) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Former Assistant United States Attorney Drew Inman and Assistant United States Attorney L. Alexander Hamner handled the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
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Charleston Area Man Given Lengthy Sentence on Federal Drug ChargesRead the Press Release
Charleston, South Carolina ---- United States Attorney Sherri Lydon announced today that Brian Dale Lee, age 40, was sentenced in federal court in Charleston after pleading guilty to conspiring to possess with intent to distribute and to distribute heroin and methamphetamine. United States District Judge Richard M. Gergel, of Charleston, sentenced Lee to 293 month in federal prison, to be followed by 10 years supervised release. There is no parole in the federal system.
Evidence presented in the case established that Lee was arrested along with two co-defendants at the a hotel in Orangeburg on January 16, 2018, after returning from a trip to Atlanta to purchase methamphetamine and heroin. During a search of Lee’s room, agents found 1,345 grams of methamphetamine and 150 grams of heroin, over $15,000, and five cell phones. Further investigation showed that Lee had previously made multiple trips to Atlanta to purchase large quantities of methamphetamine and heroin for distribution in the Charleston area.
Evidence in the case also showed that approximately four months prior to his arrest, Lee sold fentanyl to Lisa Cohen, who was previously sentenced in a separate federal case. Cohen’s 17-year-old son died from a fentanyl overdose after using the drugs provided by Lee.
The case was investigated by agents of the Drug Enforcement Administration, South Carolina Highway Patrol, South Carolina Law Enforcement Division, Berkeley County Sheriff’s Office, Dorchester County Sheriff’s Office, North Charleston Police Department, and Charleston County Coroner’s Office. Assistant United States Attorney Nick Bianchi of the Charleston Office prosecuted the case.
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Career Offender Sentenced to 17 Years for Distributing Heroin and Violating Supervised ReleaseRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Willie D. Hayden (33, Cape Coral) to 17 years in federal prison for distributing a controlled substance, possessing with the intent to distribute a controlled substance, and violating his supervised release.
Hayden had pleaded guilty on May 8, 2019, and he admitted to violating the conditions of his supervised release on November 12, 2019.
According to court documents, on two separate occasions, in August and October 2018, while on supervised release, Hayden sold heroin to a confidential informant working with law enforcement. In November 2018, law enforcement officers executed a search warrant at Hayden’s residence and seized 10.4 grams of heroin packaged in 29 separate baggies.
This case was investigated by the Federal Bureau of Investigation and the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Trent Reichling.
Camden County, New Jersey, Man Sentenced to 10 Years in Prison for Supplying Crack Cocaine to Drug Trafficking OrganizationRead the Press Release
CAMDEN, N.J. - A Camden County, New Jersey, man was sentenced today to 120 months in prison for his role in a Camden drug trafficking organization that distributed large amounts of crack cocaine, furanyl fentanyl and heroin, U.S. Attorney Craig Carpenito announced.
Mark Campbell, 39, a/k/a “D” and Diz,” of Sicklerville, New Jersey, previously pleaded guilty before U.S. District Judge Renée Marie Bumb to a superseding information charging him with one count of conspiracy to distribute and possess with intent to distribute 280 grams or more of cocaine base. Judge Bumb imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
Campbell admitted that he supplied large quantities of cocaine base (crack cocaine) to members of a drug trafficking organization operating around the 1700 block of Filmore Street in Camden. The organization also distributed heroin and furanyl fentanyl, which it obtained from other suppliers. Ten members of the drug ring were arrested in June 2017 following a long-term investigation by the FBI, which utilized multiple telephone wiretaps, surveillance, confidential informants, cooperating witnesses, more than 20 controlled drug purchases, a GPS vehicle tracker and four court-authorized search warrants, among other investigative techniques. Members of the drug trafficking organization distributed crack cocaine, furanyl fentanyl, and heroin to users and resellers in and around Camden and to people cooperating with the FBI.
The investigation ultimately led to the seizure of more than 300 grams of crack cocaine, quantities of furanyl fentanyl and heroin, a firearm, and drug paraphernalia. An 11th defendant was later charged in March 2018.
In addition to the prison term, Judge Bumb sentenced Campbell to three years of supervised release, 300 hours of community service and fined him $10,000.
U.S. Attorney Carpenito credited special agents of the FBI’s South Jersey Violent Offender and Gang Task Force, South Jersey Resident Agency, under the direction of Special Agent in Charge Michael T. Harpster; the Camden County Police Department, under the direction of Chief Joseph Wysocki; the Camden County Prosecutor’s Office, under the direction of Acting Prosecutor Jill S. Mayer; and the N.J. State Police, under the direction of Col. Patrick J. Callahan, with the investigation. He also thanked the Camden County Sheriff’s Department, the Cherry Hill Police Department, and the U.S. Department of Homeland Security Investigations (HSI) for their assistance.
The government is represented by Assistant U.S. Attorneys Gabriel J. Vidoni and Alisa Shver of the U.S. Attorney’s Office Criminal Division in Camden.
Defense counsel: Troy A. Archie Esq., Cinnaminson, New Jersey
California Man Indicted in $300 Million Nationwide Investment Fraud and Ponzi SchemeRead the Press Release
Greenville, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Scott A. Kohn, age 64, of Newport, California, and Future Income Payments, LLC (FIP), an entity organized under the laws of Nevada, have been charged in a federal Indictment alleging a conspiracy to engage in mail and wire fraud. Kohn was arraigned yesterday before a United States Magistrate Judge in Greenville.
According to the Indictment, FIP operated a Ponzi scheme in which it actively recruited pension holders who were desperate for money, including many veterans of the United States Armed Forces. The pensioners made monthly payments to FIP in exchange for a lump sum payment or loan. The adjusted annual percentage rate on these transactions often exceeded 100%.
FIP then solicited investors to purchase “structured cash flows,” which were the pensioners’ monthly pension payments. FIP promised the investors a rate of return between 6.5% and 8%. It took active steps to conceal from the investors the usurious nature of its transactions with the pension holders. FIP diverted new investor funds flowing into the business to fund payments to earlier investors in order to keep the scheme operational. When FIP ceased doing business in early 2018, investors were owed approximately $300 million. The scheme alleged in the Indictment victimized over 2,600 individuals.
“The rule of law is essential to a prosperous economy, and those who avail themselves of our marketplace are expected to abide by our laws,” said U.S. Attorney Lydon. “The scheme alleged in this Indictment took advantage of pensioners facing difficult financial situations – including veterans of the U.S. Armed Forces – and preyed upon innocent investors to the tune of roughly $300 million. Along with our law enforcement partners, the U.S. Attorney’s Office will continue to hold accountable those who flout our laws and line their own pockets by robbing individuals of their hard-earned money.”
The maximum penalty Kohn could face for the conspiracy charge is 20 years in federal prison and a fine of $250,000. The case is being investigated by agents of the Federal Bureau of Investigation and is assigned to Assistant United States Attorney Bill Watkins of the Greenville office for prosecution.
The United States Attorney stated that all charges in this Indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Business Owner Pleads Guilty to Evading Payment of His Income TaxesRead the Press Release
PITTSBURGH, Pa. - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of tax evasion, United States Attorney Scott W. Brady announced today.
Robert Rionda, Jr. pleaded guilty to evading payment of his income taxes before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that Rionda solely owned and operated Arms Insurance Group Inc, (Arms Inc.), a subchapter S corporation, from 2002 through May 2014. In October 2011, the Collection Division of the IRS opened a case on Rionda for unpaid income taxes for the 2009, 2010 and 2011 tax years. In May 2012, attempts to obtain payments from Rionda were unsuccessful, and the IRS levied his personal bank accounts.
The defendant responded to the levies by directing the company’s controller/bookkeeper to:
- Stop issuing salary checks to Rionda and his wife;
- Stop using his personal checking accounts altogether; and
- Start paying all of his personal bills from the company's bank accounts rather than from his personal bank accounts.
Over the next several years, Rionda continued to file apparently accurate corporate returns on behalf of Arms Inc., as well as personal income tax returns, but he made only minimal payments to the IRS for the personal income taxes he owed.
During the years 2009-2014, Rionda received distributions from the company each year which varied from approximately $376,000 to $1.6 million per year.
Rionda sold Arms Inc to his son over time, starting in May 2014, and he stayed on as a part owner of the son’s new business, Arms Insurance Group LLC, (Arms LLC). Arms LLC began making payments by check to Rionda that represented monthly payments on a promissory note, rent payments, and owner draw payments. Rionda deposited some of these checks to two bank accounts held by Arms Inc., rather than depositing them to personal bank accounts in his own name.
During the years 2014-2016, the new company, Arms LLC, paid distributions to Rionda of $92,000, $298,410, and $291,460.
Despite receiving all of these distributions from Arms Inc. and Arms LLC, Rionda chose not to make substantial payments towards his taxes. Rionda did, however, make payments towards his personal mortgage, a mortgage on a business property, his credit cards, and his utility bills. In addition, Rionda also transferred millions of dollars in loans and purported investments to another individual. The total tax loss, including assessed interest and penalties, is $1,539,117.00.
Judge Bissoon scheduled sentencing for 10:00 a.m on March 5, 2020. The law provides for a total sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the and the prior criminal history, if any, of the defendant.
Pending sentencing, the court released Rionda on bond.
Assistant United States Attorneys Stephen R. Kaufman and Mary M. Houghton are prosecuting this case on behalf of the government.
The Internal Revenue Service - Criminal Investigation conducted the investigation that led to the prosecution of Rionda.
Brooklyn Man Sentenced to Four Years in Prison for Bank Fraud Conspiracy and Aggravated Identity TheftRead the Press Release
NEWARK – A Brooklyn, New York, man was sentenced today to 48 months in prison for conspiring to rob a home improvement stores with stolen credit card information, U.S. Attorney Craig Carpenito announced.
Omar Doolittle, 38, previously pleaded guilty before U.S. District Court Judge Stanley R. Chesler to an information charging him with one count of conspiring to commit bank fraud and one count of aggravated identity theft. Judge Chesler imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
From July 2017 through August 2018, Doolittle and his conspirators placed online orders with a home improvement store using stolen credit card information and arranged to pick up those goods in person at various store locations throughout New Jersey and New York. Doolittle and his conspirators would pick up the goods using dozens of false or stolen identities and would then return the goods at different store locations or sell the goods at a discount to third parties for cash.
In addition to the prison term, Judge Chesler sentenced Doolittle to five years of supervised release. Restitution will be determined at a later date.
U.S. Attorney Carpenito credited inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge James Buthorn, with the investigation leading to today’s sentence.The government is represented by Assistant U.S. Attorney Ryan L. O’Neill of the U.S. Attorney’s Office’s Organized Crime and Drug Enforcement Task Force/Narcotics Unit in Newark.
Defense counsel: John Yauch Esq., Assistant Federal Public Defender, Newark
Bergen County Man Sentenced to 37 Months in Prison for Exchanging over $750,000 in ‘Snap’/Food Stamp Benefits for Cash and Fleeing to Avoid ProsecutionRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, man was sentenced today to 37 months in prison for his role in a food stamps fraud and his subsequent flight to avoid prosecution, U.S. Attorney Craig Carpenito announced.
Jamil Bader, 60, of Teaneck, New Jersey, previously pleaded guilty before U.S. District Judge Brian R. Martinotti to an indictment charging him with one count of Supplemental Nutrition Assistance Program (SNAP) benefits fraud. Judge Martinotti imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
Every food stamp/SNAP recipient receives an Electronic Benefits Transfer (EBT) card, similar to a debit card, with which to make purchases. Every retailer authorized to accept SNAP benefits has an EBT terminal. Food purchases are made by swiping the card at the terminal. After the customer enters a Personal Identification Number (PIN), the EBT terminal verifies the PIN, determines whether the customer’s account balance is sufficient to cover the transaction and informs the retailer whether the transaction should be authorized or declined. If the transaction is authorized, the amount of the purchase is then deducted from the SNAP benefits reserved for the customer, and the amount is credited to the retailer’s designated bank account.
Bader admitted that he controlled a small grocery store that was located on Clinton Avenue in Newark between September 2013 and September 2016. Bader acknowledged placing this store in another person’s name because he had previously been banned from participation in SNAP for similar conduct. Bader admitted that he repeatedly exchanged SNAP benefits for cash and kept a portion of that transaction for himself. Bader acknowledged that this scheme caused at least $754,424 in losses to the federal government. Bader also admitted fleeing from the United States and obtaining a foreign passport in an effort to avoid these criminal charges.
In addition to the prison term, Judge Martinotti sentenced Bader to three years of supervised release and ordered him to pay restitution of $754,424.
U.S. Attorney Carpenito credited special agents of the U.S. Department of Agriculture – Office of the Inspector General, under the direction of Special Agent in Charge Bethanne Dinkins, with the investigation, and the U.S. Marshals Service and Department of Homeland Security with Bader’s apprehension and return to New Jersey.
The government is represented by Special Assistant U.S. Attorney Shawn Barnes of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Frederick “Chip” Dunne III Esq., Kearny, New Jersey
Battle Creek Men Sentenced to 60 Months Imprisonment on Fentanyl and Heroin ChargesRead the Press Release
GRAND RAPIDS, MICHIGAN – United States Attorney Andrew Birge announced today that Elias Deshawnte Mills and Ralph Knox II were each sentenced in federal court to 60 months in prison and four years supervised release for their roles in a conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl and a detectible amount of heroin.
This case involved two seizures of drugs. One seizure followed a traffic stop of a car carrying defendant Mills travelling from Detroit, where he obtained the fentanyl and other drugs, to Battle Creek. Battle Creek Police actually recovered the fentanyl from a woman’s body cavity after a trained canine notified law enforcement of the possibility of drugs by alerting on the driver’s seat where the woman was sitting. After a complete investigation, the woman was referred to state rather than federal authorities for consideration of charges. The other seizure followed a search of Knox’s home in Battle Creek where the defendants stored drugs. The fentanyl found in Knox’s home was particularly troubling because police recovered it from an open kitchen drawer in a house where four minor children resided. Both defendant Mills and defendant Knox had prior Calhoun County drug convictions.
The investigation was conducted by the Battle Creek Police Department and Homeland Security Investigations (HSI). Assistant U.S. Attorneys Vito S. Solitro and Kate Zell prosecuted the case.
“Fentanyl and other synthetic opioids continue to claim the lives of our loved ones,” said Vance Callender, HSI Detroit Special Agent in Charge. “HSI is working around the clock and around the world to dismantle the international smuggling networks that represent the supply chain for those who look to profit from the suffering of others. HSI maintains a global network of international law enforcement partners to protect the Homeland and U.S. financial infrastructure.”
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Baton Rouge Man Indicted for Use of Fire to Commit a Felony, Use of Fire to Maliciously Damage Property, and Wire FraudRead the Press Release
United States Attorney Brandon J. Fremin announced today that Saleem Yousef Dabit, age 73, of Baton Rouge, Louisiana, was indicted on November 7, 2019, by a federal grand jury charging him with use of fire to commit a felony, use of fire to maliciously damage property, and wire fraud.
According to the indictment, Dabit owned and operated Sam's Men's Fashions, a retail men's clothing store located at 5154 Plank Road, Baton Rouge, Louisiana. On January 1, 2019, Dabit is alleged to have set fire to Sam's Men's Fashions with gasoline from at least 15 containers, which resulted in a massive fuel-air explosion, with the intent to damage and destroy the property and collect on his commercial property and business interruption insurance. On January 2, 2019, Dabit allegedly made an insurance claim for the fire loss and damage to his business for an estimated loss of over $500,000.
U.S. Attorney Fremin stated, “Arson is not only an extremely dangerous crime, but it is also a serious economic crime, as insurance fraud causes an increase in insurance costs to all other citizens. This indictment demonstrates our commitment to bring arsonists to justice, and protect life and property of the community. I want to thank our prosecutor, the ATF, and the Baton Rouge Fire Department for their excellent work on this case.
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana and the Bureau of Alcohol, Tobacco, Firearms and Explosives, with substantial assistance from the Baton Rouge Fire Department. The case is being prosecuted by Assistant United States Attorney Brian Frazier.
NOTE: An indictment is an accusation by a grand jury. Defendants are presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
Barbour County woman sentenced for role in a methamphetamine distribution operationRead the Press Release
ELKINS, WEST VIRGINIA – Destiny Hope Robinson, of Philippi, West Virginia, was sentenced today to 80 months incarceration for methamphetamine distribution, U.S. Attorney Bill Powell announced.
Robinson, age 22, pled guilty to one count of “Conspiracy to Distribute Methamphetamine” in July 2019. Robinson admitted to distributing more than five grams of methamphetamine in Randolph County from December 2017 to July 2018.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Mountain Region Drug & Violent Crimes Task Force and the Randolph County Sheriff’s Office investigated.
U.S. District Judge Thomas S. Kleeh presided.
Attorney General William P. Barr Releases First-Ever Semiannual Report on the Fix NICS ActRead the Press Release
On Nov. 14, 2019, the Attorney General published and submitted to Congress the first semiannual report on the Fix NICS Act. The report, required by the Fix NICS Act passed by Congress in March 2018, reflects strong compliance with the Act and demonstrates renewed efforts at all levels of government to improve the sharing of records and information that are vital to the effective operation of the National Instant Criminal Background Check System (NICS).
“An effective NICS system is critical to ensuring that we keep guns out of the hands of those who should not have them,” said Attorney General William P. Barr. “I am encouraged by the results of this initial report. Fix NICS implementation is still in its infancy, yet already we’re seeing great strides being made across government – state, tribal, and federal law enforcement - to strengthen the NICS. Given the preliminary data, it is clear that the Fix NICS Act is well on its way to doing exactly what it was intended to do – make the NICS better.”
The NICS is a computerized system designed to help determine if a person is disqualified from possessing or receiving firearms by conducting a search of available relevant records. The databases searched by the NICS contain records with information relevant to the legal prohibitions against firearm possession and purchasing under both federal and state law. To function effectively, the NICS must have access to complete, accurate, and timely information submitted by relevant agencies in all levels of government across the country.
The 2018 Fix NICS Act was passed to encourage government agencies to improve their records submission processes and further strengthen the NICS. Under the Fix NICS Act:
- Federal agencies:
- must report certain record submission metrics to the Attorney General in semiannual certifications; and
- must establish four-year implementation plans to improve records submissions.
- States and tribal governments:
- are incentivized with grant preferences to establish four-year implementation plans.
- The Attorney General:
- must publish and submit to Congress a semiannual report on federal agency compliance with the Act; and
- must determine whether federal agencies, states, and Indian tribal governments have achieved substantial compliance with the benchmarks set out in their implementation plans.
Report Highlights:
Compliance:
- 45 federal agencies submitted certifications and implementation plans
- All 50 states, the District of Columbia, and Indian tribal governments established implementation plans and
- Another 44 federal agencies certified they do not have any relevant records
Early Results:
The efforts by federal agencies, states, and Indian tribal governments under the Act are already paying off. Between April 2018 and August 2019:
- There was an increase of over six million records in the three national databases searched with every NICS check—a 6.2 percent increase. In addition, there was a 15 percent increase in records in one of those databases, the NICS Indices.
- The number of Firearm Retrieval Referrals (FRRs) (where a prohibited person is able to purchase a firearm because the background check could not be concluded within three business days due to incomplete records) decreased each month in comparison to the same month during the previous year, for an average monthly decline of 102 FRRs.
- With the exception of June 2018, there was an increase in the percentage of NICS checks resulting in an immediate determination (not requiring a delay for further research) compared to the previous year. Specifically, there was an average increase of 0.51 percent for each month when compared with the same month of the previous year.
- From May 2019 through July 2019, the military branches enhanced their record reporting by increasing entries into the Controlled Substance category by 10 percent, with an overall increase in multiple categories of 2.63 percent.
- The U.S. Customs and Border Protection entered approximately 13 million illegal or unlawful alien records into the NICS Indices in October 2019.
Although the implementation plans have been in place for just a few months, these early indicators are encouraging. As the plans are executed over the next several years, the Department of Justice expects to see a real and lasting positive impact on NICS records and operations.
The complete report can be accessed here: https://www.justice.gov/ag/fix-nics-report-2019.
- Federal agencies:
Attorney General Announces Launch of Project Guardian – A Nationwide Strategic Plan to Reduce Gun ViolenceRead the Press Release
Today, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.
Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” said Attorney General William P. Barr. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”
“Reducing gun crime in South Carolina is a priority for the Department, the U.S. Attorney’s Office, and law enforcement across our state,” said U.S. Attorney for the District of South Carolina Sherri A. Lydon. “Through Project Guardian and Project Safe Neighborhoods, we are prioritizing partnerships with our Solicitors’ Offices and our local, state, and federal law enforcement agencies that will help us identify and prosecute those offenders who pose the greatest threat to our safety.”
“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.”
Project Guardian’s implementation is based on five principles:
- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
- Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees.
Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
- Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
- Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety.
Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
- Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.
Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level.
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For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/ag/project-guardian-memo-2019/download.
- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
Attorney General Announces Launch of Project Guardian – A Nationwide Strategic Plan to Reduce Gun ViolenceRead the Press Release
On Wednesday, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.
Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” said Attorney General William P. Barr. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”
“Attorney General Barr’s Project Guardian plan will result in a reduction of gun related violent crime. Americans will be safer as a result of this initiative, plain and simple,” said U.S. Attorney Trent Shores. “My office will continue its close work with the Tulsa Police Department and ATF to focus on gun possession violations involving persons with domestic violence convictions and mental health adjudications.”
Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.”
Project Guardian’s implementation is based on five principles:
- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
- Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees.
Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
- Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
- Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety.
Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
- Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.
Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level.
For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/ag/project-guardian-memo-2019/download.
Attorney General Announces Launch of Project Guardian - A Nationwide Strategic Plan to Reduce Gun ViolenceRead the Press Release
Knoxville, Tenn. – Today, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.
Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” said Attorney General William P. Barr. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”
“Enforcement actions and partnerships are a large component of Project Safe Neighborhood. The PSN program brings all levels of law enforcement and communities together, as they serve to reduce violent crimes and make our neighborhoods safer for everyone,” said U.S. Attorney J. Douglas Overbey.
“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.”
Project Guardian’s implementation is based on five principles:
- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
- Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees.
Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
- Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
- Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety.
Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
- Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.
Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level.
For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/ag/project-guardian-memo-2019/download
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- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
Atlantic City Man Sentenced to 150 Months in Prison for Insurance Fraud, Drug DistributionRead the Press Release
CAMDEN, N.J. – An Atlantic City, New Jersey, man was sentenced today to 150 months in prison for selling over 200 grams of crystal methamphetamine and for staging a fake robbery of a Union County, New Jersey, pawnshop for the purpose of perpetrating an insurance fraud, U.S. Attorney Craig Carpenito announced.
Salvatore “Sam” Piccolo, 68, of Atlantic City, a member of the Philadelphia La Cosa Nostra organized crime family, previously pleaded guilty before U.S. District Judge Robert B. Kugler to an information charging him with distribution more than 50 grams of methamphetamine and one count of wire fraud. Judge Kugler imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
Piccolo distributed quantities of crystal methamphetamine to FBI undercover agents on three separate occasions between June 2017 and September 2017. On one occasion, he sold the undercover agent approximately four ounces of crystal methamphetamine in a restaurant parking lot in Sicklerville, New Jersey, in exchange for a $5,660 cash payment. On two other occasions in September 2017, FBI undercover agents purchased two ounce quantities of crystal methamphetamine from Piccolo in Atlantic City for cash payments of $2,800 for each transaction.
Piccolo also admitted that on April 19, 2014, he and an accomplice conspired to commit an insurance fraud. They entered a pawn shop in Union County, purportedly to sell some silver items. Once inside the shop, the accomplice displayed a hand gun while Piccolo, wearing a nylon mask, chained the front doors closed to prevent anyone from entering. The owner was bound, as a pretense, while Piccolo and his accomplice looted the safe of what the owner told police was approximately $60,000 in cash, several pieces of jewelry, and a hand gun. The owner later submitted to his insurance company a fraudulent loss claim that was paid for approximately $174,000.
In addition to the prison term, Judge Kugler sentenced Piccolo to five years of supervised release and ordered him to pay $174,025 in restitution to Northland Insurance of Minnesota.
U.S. Attorney Carpenito credited special agents of FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Patrick C. Askin of the Criminal Division, Camden Office, and Senior Litigation Counsel V. Grady O’Malley of the U.S. Attorney's Office Organized Crime/Gangs Unit in Newark.
Defense counsel: Louis Barbone Esq., Atlantic City
Armed career criminal sentenced to 15 years in federal prisonRead the Press Release
ATLANTA – William Gerard Brown, a five-time convicted felon, has been sentenced for possession of a firearm by a convicted felon.
“Repeat offenders in possession of firearms pose grave risks to our community,” said U.S. Attorney Byung J. “BJay” Pak. “Brown has repeatedly ignored the law and will now have to face the consequences of his actions.”
“ATF considers the Atlanta Police Department a critical partner in its long-term mission of removing criminals from our communities,” said ATF Assistant Special Agent in Charge (ASAC) Beau Kolodka.
According to U.S. Attorney Pak, the charges and the record developed at trial: On April 28, 2017, Brown, a five-time convicted felon, was standing near a fence at a public park holding what appeared to be a marijuana joint in his hand. Atlanta Police Officers approached Brown and attempted to speak with him. In the middle of their conversation, Brown abruptly fled on foot through the park, passing several people, including children, in an attempt to run away from police.
As Brown ran into the wood line near the park, he pulled a firearm from his waistband and threw it. Moments later, the officers apprehended Brown. At that time he was in possession of approximately 25 grams of marijuana. Officers subsequently canvassed Brown’s flightpath and located the handgun Brown pulled from his waistband and threw on the ground during the foot chase.
U.S. District Judge Eleanor L. Ross sentenced William Gerard Brown, 36, of Atlanta, Georgia, to 15 years in federal prison, and five years of supervised release. On March 29, 2019, Brown was found guilty by a jury of possession of a firearm by a convicted felon.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Atlanta Police Department investigated this case, with assistance from the U.S. Postal Inspection Service.
Assistant U.S. Attorneys Jessica Morris and Noah Schechtman prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Alleged Kidnapper Sentenced to 18 Months for Making False Statements to Receive Federal BenefitsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ALLAN MANN, JR., also known as “Hailee Randolph DeSouza” and “Hailey R. DeSouza,” 67, was sentenced today by U.S. District Judge Janet C. Hall in New Haven to 18 months of imprisonment for receiving federal benefits while living in the U.S. under an assumed name for approximately 30 years.
As alleged in court documents, Allan Mann, who is a Canadian citizen, abducted his 21-month-old son, Jermaine Allan Mann, on June 24, 1987, during a court-ordered visit in Toronto, Canada. Allan Mann and his son subsequently entered the U.S. Allan Mann changed his name to Hailee Randolph DeSouza, changed the name of his son, and acquired counterfeit birth certificates for him and his son. Allan Mann has never applied for nor received citizenship status in the U.S.
In June 1990, Mann, using the name Hailee Randolph DeSouza, applied for and received a Social Security Number. In support of this application, Mann presented his counterfeit birth certificate. In May 2018, Mann, using his alias, applied for a replacement Social Security card.
Mann also participated in the U.S. Department of Housing and Urban Development (“HUD”) Section 8 subsidized housing program at various times since 2004. Mann, who most recently resided in Section 8 subsidized housing in Vernon, Connecticut, made multiple false statements on HUD forms he signed in connection with his participation in the Section 8 program. HUD has paid approximately $126,744 in housing assistance payments on Mann’s behalf.
Mann also made multiple false statements on applications to participate in the State of Connecticut’s Medicaid program. Since January 2014, Medicaid has paid $52,970.19 in claims on behalf of Mann, and approximately $2,876.37 on behalf of his son.
Mann has been detained since his arrest on October 26, 2018. On August 22, 2019, he pleaded guilty to one count of making a false statement.
Judge Hall ordered Mann to pay restitution of $18,512.05 to the Medicaid program and $34,744 to HUD.
An immigration detainer has been issued, and Mann faces removal proceedings at the conclusion of his sentence. Canadian authorities have advised the U.S. government that Canada will seek to extradite Mann based on an outstanding warrant for abduction.
This matter was investigated by the U.S. Marshals Service, U.S. Department of Housing and Urban Development – Office of Inspector General, U.S. Department of Homeland Security – Homeland Security Investigations, U.S. Department of Health and Human Services –Office of the Inspector General, U.S. Department of State – Bureau of Diplomatic Security, Social Security Administration – Office of Inspector General, Toronto Police Service, Royal Canadian Mounted Police and the Vernon Police Department. The Missing Children Society of Canada and the National Center for Missing and Exploited Children have provided critical assistance to the investigation.
This case was prosecuted by Assistant U.S. Attorneys Sarah Karwan and Hal Chen.
Alleged Barrio Azteca Shooter Extradited from Mexico to U.S. to Face Charges Related to the U.S. Consulate Murders in Juarez, MexicoRead the Press Release
WASHINGTON – An alleged shooter and member of the Barrio Azteca (BA), a transnational border gang allied with the Juarez Cartel, was extradited from Mexico to the United States to face charges related to the March 2010 U.S. Consulate murders in Juarez, Mexico.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney John F. Bash for the Western District of Texas, Special Agent in Charge Luis Quesada of the FBI’s El Paso Field Office and Acting Administrator Uttam Dhillon of the U.S. Drug Enforcement Administration (DEA) made the announcement.
Jose Guadalupe Diaz Diaz, aka “Zorro,” arrived in the United States yesterday and made his initial appearance today before U.S. Magistrate Judge Anne T. Berton in El Paso, Texas. Diaz is charged in a 12-count third superseding indictment unsealed in March 2011. According to court documents and previous trial testimony, Diaz allegedly participated in BA activities, including narcotics trafficking and acts of violence by BA members in Mexico. On March 13, 2010, Diaz allegedly shot and killed U.S. Consulate employee Leslie Ann Enriquez Catton and her husband, Arthur Redelfs.
A total of 35 BA members and associates based in the U.S. and Mexico were charged in the third superseding indictment for allegedly committing various criminal acts, including racketeering, narcotics distribution and importation, extortion, money laundering, obstruction of justice and murder. Of the 35 defendants, 10 Mexican nationals, including Diaz, were charged in connection with the murders of Enriquez Catton and Redelfs, as well as Jorge Alberto Salcido Ceniceros, the husband of a U.S. Consulate employee. If convicted, Diaz faces a maximum penalty of life in prison.
Of the 35 defendants charged, 34 have been apprehended. U.S. and Mexican law enforcement are actively seeking to apprehend the lone fugitive in this case, Luis Mendez.
Twenty-eight of those defendants have pleaded guilty, one was convicted by a jury, one is currently pending trial, one defendant committed suicide while imprisoned during his trial and three others are pending extradition from Mexico.
According to court documents and information presented in court throughout this case, the Barrio Azteca is a violent street and prison gang that began in the late 1980s and expanded into a transnational criminal organization. In the 2000s, the BA formed an alliance in Mexico with “La Linea,” which is part of the Juarez Drug Cartel (also known as the Vincente Carrillo Fuentes Drug Cartel or “VCF”). The purpose of the BA-La Linea alliance was to battle the Chapo Guzman Cartel and its allies for control of the drug trafficking routes through Juarez and Chihuahua. The drug routes through Juarez, known as the Juarez Plaza, are important to drug trafficking organizations because they are a principal illicit drug trafficking conduit into the United States.
The gang has a militaristic command structure and includes captains, lieutenants, sergeants and soldiers – all with the purpose of maintaining power and enriching its members and associates through drug trafficking, money laundering, extortion, intimidation, violence, threats of violence and murder.
Diaz’s extradition is the result of close coordination between U.S. law enforcement and the government of Mexico in the investigation and prosecution of this case. The cooperation and assistance of the government of Mexico was essential to achieving the successful extradition.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Trial Attorney Christina Taylor of the Criminal Division’s Organized Crime and Gang Section, Trial Attorney Jay Alan Bauer of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney John Gibson of the Western District of Texas are prosecuting the case. The U.S. Attorney’s Office for the District of New Mexico and the Criminal Division’s Offices of International Affairs and Enforcement Operations provided significant assistance in this case.
The FBI’s Safe Streets Task Force located at the Texas Anti-Gang Center in El Paso, FBI Albuquerque Field Office (Las Cruces Resident Agency), DEA Juarez and DEA El Paso investigated the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives; Immigration and Customs Enforcement; the U.S. Marshals Service; U.S. Customs and Border Protection; Federal Bureau of Prisons; U.S. Diplomatic Security Service; the Texas Department of Public Safety; the Texas Department of Criminal Justice; El Paso Police Department; El Paso County Sheriff’s Office; El Paso Independent School District Police Department; Texas Alcohol and Beverage Commission; New Mexico State Police; Dona Ana County, N.M., Sheriff’s Office; Las Cruces, N.M., Police Department; Southern New Mexico Correctional Facility and Otero County Prison Facility New Mexico provided special assistance.
Alleged Barrio Azteca Shooter Extradited from Mexico to United States to Face Charges Related to the U.S. Consulate Murders in Juarez, MexicoRead the Press Release
An alleged shooter and member of the Barrio Azteca (BA), a transnational border gang allied with the Juarez Cartel, was extradited from Mexico to the United States to face charges related to the March 2010 U.S. Consulate murders in Juarez, Mexico.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney John F. Bash for the Western District of Texas, Special Agent in Charge Luis Quesada of the FBI’s El Paso Field Office and Acting Administrator Uttam Dhillon of the U.S. Drug Enforcement Administration (DEA) made the announcement.
Jose Guadalupe Diaz Diaz, aka “Zorro,” arrived in the United States yesterday and made his initial appearance today before U.S. Magistrate Judge Anne T. Berton in El Paso, Texas. Diaz is charged in a 12-count third superseding indictment unsealed in March 2011. According to court documents and previous trial testimony, Diaz allegedly participated in BA activities, including narcotics trafficking and acts of violence by BA members in Mexico. On March 13, 2010, Diaz allegedly shot and killed U.S. Consulate employee Leslie Ann Enriquez Catton and her husband, Arthur Redelfs.
A total of 35 BA members and associates based in the U.S. and Mexico were charged in the third superseding indictment for allegedly committing various criminal acts, including racketeering, narcotics distribution and importation, extortion, money laundering, obstruction of justice and murder. Of the 35 defendants, 10 Mexican nationals, including Diaz, were charged in connection with the murders of Enriquez Catton and Redelfs, as well as Jorge Alberto Salcido Ceniceros, the husband of a U.S. Consulate employee. If convicted, Diaz faces a maximum penalty of life in prison.
Of the 35 defendants charged, 34 have been apprehended. U.S. and Mexican law enforcement are actively seeking to apprehend the lone fugitive in this case, Luis Mendez.
Twenty-eight of those defendants have pleaded guilty, one was convicted by a jury, one is currently pending trial, one defendant committed suicide while imprisoned during his trial and three others are pending extradition from Mexico.
According to court documents and information presented in court throughout this case, the Barrio Azteca is a violent street and prison gang that began in the late 1980s and expanded into a transnational criminal organization. In the 2000s, the BA formed an alliance in Mexico with “La Linea,” which is part of the Juarez Drug Cartel (also known as the Vincente Carrillo Fuentes Drug Cartel or “VCF”). The purpose of the BA-La Linea alliance was to battle the Chapo Guzman Cartel and its allies for control of the drug trafficking routes through Juarez and Chihuahua. The drug routes through Juarez, known as the Juarez Plaza, are important to drug trafficking organizations because they are a principal illicit drug trafficking conduit into the United States.
The gang has a militaristic command structure and includes captains, lieutenants, sergeants and soldiers – all with the purpose of maintaining power and enriching its members and associates through drug trafficking, money laundering, extortion, intimidation, violence, threats of violence and murder.
Diaz’s extradition is the result of close coordination between U.S. law enforcement and the government of Mexico in the investigation and prosecution of this case. The cooperation and assistance of the government of Mexico was essential to achieving the successful extradition.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Trial Attorney Christina Taylor of the Criminal Division’s Organized Crime and Gang Section, Trial Attorney Jay Alan Bauer of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney John Gibson of the Western District of Texas are prosecuting the case. The U.S. Attorney’s Office for the District of New Mexico and the Criminal Division’s Offices of International Affairs and Enforcement Operations provided significant assistance in this case.
The FBI’s Safe Streets Task Force located at the Texas Anti-Gang Center in El Paso, FBI Albuquerque Field Office (Las Cruces Resident Agency), DEA Juarez and DEA El Paso investigated the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives; Immigration and Customs Enforcement; the U.S. Marshals Service; U.S. Customs and Border Protection; Federal Bureau of Prisons; U.S. Department of State's Diplomatic Security Service; the Texas Department of Public Safety; the Texas Department of Criminal Justice; El Paso Police Department; El Paso County Sheriff’s Office; El Paso Independent School District Police Department; Texas Alcohol and Beverage Commission; New Mexico State Police; Dona Ana County, N.M., Sheriff’s Office; Las Cruces, N.M., Police Department; Southern New Mexico Correctional Facility and Otero County Prison Facility New Mexico provided special assistance.
Alaskan Man Convicted in Transcontinental Machinegun Sales SentencedRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - James P. Kennedy, Jr., United States Attorney for the Western District of New York, announced today that Benjamin Handley, 26, of Homer, Alaska, who was convicted of unlawful transportation of machineguns, was sentenced to serve five years in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that the defendant sold 12 fully automatic firearms with obliterated serial numbers to an undercover agent of the U.S. Department of Homeland Security. The machineguns were all shipped from the State of Alaska to the Buffalo area.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; HSI Anchorage; the United States Postal Service Inspection Service, Boston Division, under the direction of Inspector-in-Charge Joseph W. Cronin; and the Alaska Department of Public Safety, Division of Alaska State Troopers. The U.S. Attorney’s Office for the District of Alaska, led by U.S. Attorney Bryan D. Schroeder, also assisted in Handley’s arrest.
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16 Individuals Charged or Arrested as Part of Joint Law Enforcement EffortRead the Press Release
On November 14, 2019, the United States Attorney for the District of Vermont announced a multi-agency, multi-jurisdictional law enforcement effort that focused on drug trafficking in the areas of Newport and Saint Johnsbury, Vermont. During the month-long operation conducted by federal, state, local, and county officers, and federal and state prosecutors, law enforcement arrested or charged 16 individuals, searched 3 residences, and seized approximately 700 bags of fentanyl and heroin, 100 grams of cocaine base, 2 firearms, and $4,000 in drug proceeds.
Those charged in federal court include:
• Jen Thompson, 39, of Newport, Vermont, for maintaining a drug-involved premises and distribution of cocaine base.
• Juliana Graves, 49, of Newport, Vermont, for possession with intent to distribute heroin, fentanyl, and cocaine base.
• Elijah Wheeler-Watson, 23, of Clinton, Massachusetts, for possession with intent to distribute cocaine base and heroin.
• Adis Djozo, 26, of Essex Junction, Vermont, for possession with intent to distribute heroin.
• Alicia Parenteau, 36, of Newport, Vermont, for distribution of cocaine base.
• Chakeshia Watts, 40, of St. Johnsbury, Vermont, for maintaining a drug-involved premises.
• Jerry Watts, 62, of St. Johnsbury, Vermont, for maintaining a drug-involved premises.
• Randy Devoid, 50, of St. Johnsbury, Vermont, for distribution of cocaine base.
• Shaquille Carter, 26, of New York, New York, for possession with intent to distribute cocaine base and heroin.
• Christina Thompson, 42, of Lyndonville, Vermont, for distribution of cocaine base.
• Morgan Cleveland, 39, of Newport, Vermont, for possession with intent to distribute fentanyl.
Those arrested on state warrants and violations include:• Soloman Little, 26, of St. Johnsbury, Vermont, who was arrested and cited for fraud.
• Christopher MacKay, 52, of St. Johnsbury, Vermont, who was arrested on an extraditable warrant for violation of probation in Maine, and multiple failures to appear in Vermont court proceedings.
• Mark Houston, 30, of St. Johnsbury, Vermont, who was arrested twice in the same day for violating the conditions of his release by breaking curfew restrictions.
• Michael Barry, 26, of St. Johnsbury, Vermont, who was arrested for failure to appear in Vermont court proceedings.
• Michelle Churchill, 34, of St. Johnsbury, Vermont, who was arrested for violating conditions of furlough and returned to correctional custody with the Vermont Department of Corrections.Defendant Carter is currently a fugitive. Defendant Cleveland is at large. All other defendants were arrested during the operation.
The charges against the defendants are only allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This operation stemmed from careful planning and collaboration by Vermont law enforcement at all levels. The enforcement surge involved the participation of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Department of Homeland Security - Homeland Security Investigations, the Drug Enforcement Administration, the Federal Bureau of Investigation, the United States Marshals Service, the Vermont Drug Task Force, the Vermont State Police, the Saint Johnsbury Police Department, the Newport Police Department, the Lyndonville Police Department, the U.S. Border Patrol, and the U.S. Customs and Border Protection - Air and Marine Operations. Crucial support was provided by the Office of the Caledonia County State’s Attorney and the Office of the Orleans County State’s Attorney. United States Attorney Christina E. Nolan thanked each agency for its teamwork and invaluable contribution to the operation.
United States Attorney Christina E. Nolan added: “Today, as we did earlier this year in Brattleboro, we announce the results of a team effort by law enforcement to combat drug trafficking in one of the hardest hit areas of the state. The Northeast Kingdom is suffering greatly under the weight of the drug crisis, and we deployed a sustained surge of enforcement resources to bring consequences to those selling deadly drugs in the area. The messages are simple. Out-of-state dealers should not come to Vermont; if they do, they will face serious consequences, no matter where in the state they do business. Those addicted Vermonters involved in the drug trade will also be held accountable. Today, we urge those Vermonters to turn in their dealers and seek treatment. We want them to have their lives back.”
“Far too many people across Vermont have first-hand knowledge of family members or friends whose lives have been destroyed or lost due to opioids,” said Jason J. Molina, Acting Special Agent in Charge, Homeland Security Investigations. “HSI and our law enforcement partners will continue to be relentless in pursuing the organizations that are distributing opioids and other dangerous drugs into our communities.”
“The Caledonia County State’s Attorney’s Office is very fortunate to be able to work cooperatively with the U.S. Attorney’s Office in addressing the drug trade in our community. We would like to thank Chief Tim Page of the St. Johnsbury Police Department for his persistence in helping make this surge happen as well as the other dedicated law enforcement offices that assisted. We truly appreciate your service to our community,” stated Interim Caledonia County State’s Attorney Jessica Zaleski.
“Opioid abuse is at epidemic levels in Vermont,” said DEA Special Agent in Charge Brian D. Boyle. “Let these arrests serve as an example to those who distribute poisons like fentanyl and heroin to the citizens of St. Johnsbury, that DEA will aggressively pursue and hold you accountable. This investigation demonstrates the strength of collaborative law enforcement efforts in Vermont and our strong partnership with the U.S. Attorney’s Office.”
“The opioid epidemic continues to ravage Orleans County at an alarming rate,” stated Orleans County State’s Attorney Jennifer Barrett. “This county has been fractured by the opioid epidemic. The number of families torn apart and who have lost loved ones is a monumental tragedy. The Office of the Orleans County State’s Attorney commends the hard work of local and federal law enforcement agencies in their dedicated investigations. The Office of the Orleans County State’s Attorney continues to be committed to the aggressive prosecution of the drug dealers within our community.”
“The Vermont State Police and the Vermont Drug Task Force recognize the importance of combining federal, state and local law enforcement agencies into a concentrated team effort to combat drug trafficking in Vermont,” said Major Dan Trudeau. “Utilizing best police practices in response to violent crime, the opiate crisis, and drug trafficking will result in safer Vermont communities.”
“The success of this initiative is a testament to the hard work and dedication of all the law enforcement professionals in the region working in a truly collaborative fashion,” said Kelly D. Brady, Special Agent in Charge of ATF’s Boston Field Division. “We could not ask for a better group of professionals to work with toward the shared goal of reducing violent crime in the City of St. Johnsbury and throughout Vermont.”
“These arrests send a clear message that drug traffickers have no place in our community,” said James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). “Thanks to the incredible collaboration between our federal, state, and local partners, 700 bags of heroin and 100 grams of crack were taken off the streets. The FBI, along with our law enforcement partners, remains focused on stopping the movement and sale of drugs on our streets and ensuring that our neighborhoods are safe.”
St. Johnsbury Police Chief Tim Page added, “The St. Johnsbury Police Department would like to thank the U.S. Attorney’s Office, DEA, Homeland Security, FBI, U.S. Marshals and the Vermont State Police for their efforts in the recent actions against those suspected of drug activity in St. Johnsbury. A cooperative and sustained initiative sends a strong message that such activity will not be condoned or tolerated. Members of the St. Johnsbury Police Department remain committed to holding those responsible accountable.”
“As made evident by the successes of past and present joint law enforcement operations, the focus and commitment of our public safety community is remarkable,” stated U.S. Marshal Bradley J. LaRose. “The relentless pursuit of those who act to threaten the well-being of our citizenry will undoubtedly continue. The Marshals Service is committed to contributing the resources necessary to support the zealous collaborative efforts of those who pursue justice as we move forward.”
The Assistant U.S. Attorneys handling the operation and subsequent prosecutions are AUSAs Nicole Cate, William Darrow, Michael Drescher, Andrew Gilman, Nikolas Kerest, Jonathan Ophardt, Joseph Perella, and Gregory Waples. Defendant Jen Thompson is represented by Assistant Federal Public Defender David McColgin, Esq. Defendant Graves is represented by Devin McLaughlin, Esq. Defendant Wheeler-Watson is represented by Karen Shingler, Esq. Defendant Djozo is represented by Paul Volk, Esq. Defendant Parenteau is represented by Richard Bothfeld, Esq. Chakeshia Watts is represented by the Office of the Federal Public Defender. Defendant Jerry Watts is represented by Robert Katims, Esq. Defendant Randell Devoid is represented by the Office of the Federal Public Defender. Defendant Christina Thompson is represented by Edward Kenney, Esq. Defendants Shaquille Carter and Morgan Cleveland have not yet appeared in court.
On Monday, November 18th members of local, state, county and federal law enforcement in partnership with treatment and recovery providers, the Caledonia and Orleans State’s Attorneys and the United States Attorney will hold a forum to discuss the drug and opiate challenges facing Northeastern Vermont. This forum will include a panel presentation and an opportunity for the public to ask questions of the panel. The public is invited to this event which will begin at 6:30 p.m. at the St. Johnsbury Middle School in St. Johnsbury, Vermont.
The public is encouraged to report criminal activity in their community by using the following link https://vsp.vermont.gov/tipsubmit. Individuals can choose to remain anonymous when submitting a tip.
Wednesday 13 November 2019
Westwego Man Pleads Guilty to Mail FraudRead the Press Release
NEW ORLEANS, LOUISIANA – KHANH BUI, age 43, a resident of Westwego, Louisiana, pled guilty to mail fraud, announced U.S. Attorney Peter G. Strasser. BUI will be sentenced on February 19, 2020 by the Honorable Susie Morgan.
According to court documents, BUI fraudulently obtained credit cards and false California driver’s licenses in order to obtain money and property from home improvement stores.
BUI faces 20 years of imprisonment, a $250,000 fine, and 3 years of supervised release.
U.S. Attorney Strasser praised the work of the United States Postal Inspection Service in investigating this matter. The prosecution of this case is being handled by Assistant U. S. Attorney G. Dall Kammer, Supervisor of the General Crimes Unit.
Washington County Businessman Sentenced to Prison for Conspiring to Defraud the IRS and Filing a False Declaration in a Bankruptcy ProceedingRead the Press Release
PITTSBURGH – A resident of Washington County, Pennsylvania, was sentenced in federal court for conspiracy to defraud the Internal Revenue Service and filing a false bankruptcy declaration, United States Attorney Scott W. Brady announced today.
United States District Judge Arthur J. Schwab sentenced George Retos, Jr., 71, of Washington County, Pennsylvania, to serve one year and one day in prison, followed by two years of supervised release.
In connection with his earlier guilty plea on November 16, 2018, Retos admitted that he orchestrated a conspiracy to defraud the Internal Revenue Service (IRS) by failing to pay over to the IRS payroll and employer taxes of Prime Plastics, Inc. and Plastic Power, Inc., two companies controlled by Retos. Specifically, to avoid ongoing collection efforts by the IRS related to unpaid taxes of Prime Plastics, Inc., Retos and his co-conspirator arranged for employees of Prime Plastics, Inc. to be transferred to Plastic Power, Inc., which, in turn, also failed to pay employer and payroll taxes to the IRS. The unpaid employer and payroll taxes totaled more than $250,000.
Retos also admitted that he caused the nominal president of Prime Plastics, Inc.—a personal associate who had no involvement or knowledge of the business’s day-to-day operations or finances—to file for bankruptcy on behalf of the entity. In related court filings, Retos caused the submission of a false declaration stating that there had been no withdrawals from the entity outside the normal course of business during the preceding two years. In fact, Retos was responsible for numerous such expenditures, including thousands of dollars belonging to Prime Plastics, Inc. that Retos spent at casinos in Las Vegas, Nevada, and elsewhere.
In addition, as part of his guilty plea, Retos accepted responsibility for a charge of wire fraud in connection with a separate scheme he concocted to fraudulently obtain unemployment compensation from the Commonwealth of Pennsylvania for employees of Prime Plastics, Inc. and, later, employees of Plastic Power, Inc. As part of the scheme, Retos reduced the salaries of numerous employees and instructed them to seek unemployment from the Commonwealth of Pennsylvania to make up the difference, knowing full well that the employees were ineligible for such unemployment compensation. During the execution of the scheme, Retos continued to siphon company funds for his personal benefit.
Assistant United States Attorneys Mary McKeen Houghton and Eric G. Olshan prosecuted this case on behalf of the government.
The Federal Bureau of Investigation; the Department of Labor, Office of Inspector General; and the Internal Revenue Service, Criminal Investigation, conducted the investigation that led to the successful prosecution of Retos.
Wanblee Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Wanblee, South Dakota, man convicted of Assault on a Federal Officer was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Charles Wakinya Zi Janis, age 37, was sentenced on October 28, 2019, to 2 years in a federal prison, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Janis charging an Oglala Sioux Tribe Department of Public Safety officer, after the officer responded to a call at Sharps Housing near Porcupine, South Dakota. Janis then picked up a hatchet from the front yard and made slashing movements with it towards officers. An officer used a Taser to subdue and apprehend Janis.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Cassandra DeCoste prosecuted the case.
Janis was immediately turned over to the custody of the U.S. Marshals Service.
United States Attorney McSwain Announces Progress in Making Communities Safer through Project Safe NeighborhoodsRead the Press Release
PHILADELPHIA – Two years ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), the centerpiece of the Department’s violent crime reduction strategy. 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.
Throughout the past two years, the Department has partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make neighborhoods safer for everyone. According to the FBI’s 2018 Crime in the United States Report released last month, the national violent crime rate decreased for the second consecutive year, down 3.9 percent from the 2017 numbers.
“The revitalized Project Safe Neighborhoods program is a major success,” said Attorney General William P. Barr. “It packs a powerful punch by combining advanced data with local leadership, further reducing violence in communities across the country and improving overall public safety. U.S. Attorneys continue to focus their enforcement efforts against the most violent criminals and work in partnership with federal, state, local, and tribal police. The Justice Department’s relationships across the board have never been stronger.”
“Project Safe Neighborhoods is a proven program with demonstrated results, and since the re-launch two years ago, we can see the benefits of the program in real time right here in the Eastern District of Pennsylvania,” said United States Attorney William M. McSwain. “We know that the most effective strategy to reduce violent crime is based on sound policing policies and law enforcement partnerships at every level, which is why I am committed to building those partnerships, standing up for the victims of violent crime, and enforcing the rule of law.”
“The Philadelphia Police Department recognizes that a successful violent crime prevention strategy must be comprehensive, evidence based, measurable, and include partnerships among law enforcement agencies and other stakeholders,” said Acting Police Commissioner Christine M. Coulter. “The Project Safe Neighborhoods (PSN) program captures each of these necessary ingredients for success. We are fortunate to have been part of the re-launch in 2017, and join our partners in celebrating the program's two year anniversary, and the collective progress we have made.”
As the Department and the U.S. Attorney’s Office for the Eastern District of Pennsylvania (USAO-EDPA) celebrates the two-year anniversary of the revitalized PSN program, below are some of the highlights of the district’s PSN actions over the past year.
Enforcement Actions
In the last year, USAO-EDPA has partnered with local law enforcement to ensure federal efforts are focused against the most violent offenders. The following are some excellent examples:
• In November 2018, a federal jury convicted Lukeen Gerald, of Philadelphia, Pennsylvania, after a trial for his involvement in seven armed robberies of convenience stores throughout the city. During the robberies, he shoved firearms in the faces of many victim store employees. In one instance, he fired the gun into the ceiling of a Dunkin Donuts; the gun was so close to the victim’s head that the sound caused the victim’s eardrum to rupture. Gerald faces a mandatory minimum of 157 years for the firearms charges alone, and additional time for the Hobbs Act robbery convictions.
• In May 2019, a federal jury convicted Kevin Archie of one count of being a convicted felon in possession of a firearm. Archie was arrested while illegally in possession of a weapon while on a street corner in the Kensington neighborhood of Philadelphia. Philadelphia Police officers arrested Archie after responding to an alarming call of a man with a gun. Archie, an armed career criminal, faces a mandatory minimum of 15 years in prison.
• Together with ATF, USAO-EDPA brought firearms dealer Kenney Cherry, of Philadelphia, to justice. In August 2019, a federal jury convicted Cherry of dealing in firearms without a license, multiple counts of felon in possession of a firearm, and other related firearms offenses. The defendant sold 24 firearms and two “machine gun” conversion devices in a short span. Cherry remains incarcerated awaiting sentencing.
• After a Philadelphia Police Inspector, who was driving home, heard multiple gunshots and witnessed two men in broad daylight pointing firearms, USAO-EDPA charged the case federally and successfully prosecuted Salim Davis. In September 2019, the office partnered with Philadelphia Police and ATF to ensure a federal jury found Davis guilty of all crimes related to his carrying a loaded Smith & Wesson .40 caliber semi-automatic handgun and an unlabeled prescription pill bottle containing 72 Alprazolam pills he had to sell. Davis remains incarcerated awaiting sentencing.
Community Partnerships
• The PSN Call-In Program consists of regular, face-to-face call-ins of individuals who were recently released from state custody to warn them of the consequences of committing any further crimes. The Call-In program is a partnership with local, state, and federal law enforcement, as well as community members and service providers. Working closely with the Pennsylvania Board of Probation and Parole, the program ensures connections to critical assistance and support to the released individuals. Since 2013, USAO-EDPA has hosted 17 Call-Ins with over 300 state parolees.
• Launched in October of last year, Relapse Prevention Court (RPC) maximizes opportunities for long-term recovery from substance use and facilitates successful completion of participants’ terms of supervised release. RPC held its first graduation in October to celebrate its participants’ successful completion of the program.
• USAO-EDPA is an active participant in state-wide Reentry Coalitions comprised of representatives from government, law enforcement, non-profit organizations, and community groups. The Coalitions work on various projects to coordinate resources, create partnerships and improve delivery of reentry services in the counties of the Eastern District of Pennsylvania.
Aggressive Response Throughout EDPA and in Philadelphia in Particular
• Even though FBI data shows that violent crime has decreased in the United States from 2017 to 2018, Philadelphia has seen a disturbing uptick in the most serious types of violent crime, such of homicides and shootings.
• To attempt to address (and contain) this growing issue in Philadelphia, USAO-EDPA has aggressively increased its focus on PSN cases and violent crime prosecutions in general over the past two years.
• For example, in FY2019 (October 2018-September 2019), USAO-EDPA brought charges against 195 defendants in PSN cases, compared to 80 in FY2018 - an almost 144% increase in one year. Much of this increase has been driven by the situation on the ground in Philadelphia.
These enforcement actions and partnerships are 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. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
U.S. Attorney’s Office Reaches Agreement with William Beaumont Hospital to Resolve ADA Investigation Regarding Effective CommunicationRead the Press Release
DETROIT – The U.S. Attorney’s Office for the Eastern District of Michigan has reached an agreement with William Beaumont Hospital, a component of Beaumont Health -- the largest health care system in Michigan, to resolve allegations that it violated the Americans with Disabilities Act when it failed to provide effective communication for individuals who are deaf or hard of hearing, U.S. Attorney Matthew Schneider announced today.
The agreement resolves complaints filed with the U.S. Attorney’s Office that alleged that William Beaumont Hospital failed to provide sign language interpreters to deaf patients despite their repeated requests to obtain an interpreter for complex medical appointments and procedures. Because of the hospital’s failure to provide sign language interpreter services, deaf individuals were denied the benefit of effective communication with hospital staff, the opportunity to effectively participate in medical treatment decisions, and the full benefit of health care services provided by the hospital.
The investigation, which was conducted by the U.S. Attorney’s Office Civil Rights Unit, revealed that Beaumont’s systems were not adequate to ensure that deaf and hard of hearing patients are provided with auxiliary aids and services to guarantee effective communication throughout their medical treatment. Beaumont worked cooperatively with the U.S. Attorney’s Office throughout the investigation.
“The ADA protects the right of individuals who are deaf or hard of hearing to be able to access medical services, and this agreement is the latest example of our office’s unwavering commitment to enforcing the ADA,” said Matthew Schneider, United States Attorney for the Eastern District of Michigan. “This settlement enables Beaumont and the federal government to achieve their common goal to ensure that deaf and hard of hearing patients can communicate with their doctors and obtain equal access to medical treatment, especially at critical moments in their care.”
The settlement agreement requires Beaumont, for each of its three hospitals and 31 affiliated health care facilities, to provide training to hospital staff on the requirements of the ADA; to adopt specific policies and procedures to ensure that auxiliary aids and services, including sign language interpreters, are promptly provided to patients or companions who are deaf or hard of hearing; and to designate specific Beaumont ADA personnel to ensure access to appropriate auxiliary aids and services.
The ADA prohibits discrimination against individuals with disabilities by hospitals. Among other things, the ADA requires doctors, hospitals and other health care providers to provide equal access to patients and companions who are deaf or hard of hearing. When medical services involve important, lengthy or complex oral communications with patients or companions, hospitals are generally required to provide qualified sign language interpreters and other auxiliary aids, free of charge, to individuals who are deaf, are hard of hearing or have speech disabilities. The appropriate auxiliary aid to be provided depends on a variety of factors, including the nature, length and importance of the communication; the context of the communication; the communication skills and knowledge of the individual who is deaf or hard of hearing; and the individual’s stated need for a particular type of auxiliary aid.
Enforcing the ADA is a top priority of the Civil Rights Unit of the U.S. Attorney’s Office for the Eastern District of Michigan. Those interested in finding out more about this settlement or the obligations of hospitals and other health providers under the ADA may call the Department of Justice’s toll-free ADA information line at 800-514-0301 or 800-514-0383(TDD), or access the ADA website at www.ada.gov. ADA complaints within the Eastern District of Michigan can be made to the U.S. Attorney’s Office Civil Rights Hotline at (313) 226-9151 or [email protected].
U.S. Attorney’s Office Reaches Agreement with Nationwide Daycare Provider to Ensure Equal Rights for Children with DisabilitiesRead the Press Release
NEWARK, N.J. – The United States has entered into an agreement with a national daycare provider to resolve an Americans with Disabilities Act (ADA) lawsuit filed by the government, U.S. Attorney Craig Carpenito announced today.
The government alleged that Spring Education Inc. (SEI), formerly known as Nobel Learning Communities Inc., discriminated against a 3-year-old girl (M.M.) and her parents in violation of the ADA by refusing to make reasonable modifications to its toileting policy and then expelling the child on the basis of her disability. The girl had toileting delays resulting from her disability.
“Equal opportunity is the core American value that is protected by the ADA and advanced by today’s agreement,” U.S. Attorney Carpenito said. “With this agreement, we ensure that children with disabilities attending SEI’s daycare facilities in New Jersey and across the United States receive the protection to which they are entitled under the law. We are proud to continue our vigorous enforcement of the ADA in New Jersey and will continue to root out discrimination to the fullest extent of the law.”
The U.S. Attorney’s Office launched an investigation after receiving a complaint from the parents of M.M. – who was diagnosed with Down syndrome – that SEI’s facility in Moorestown, New Jersey, set an arbitrary deadline for the child to become toilet-trained. According to the complaint, SEI then expelled M.M., with only five days’ notice, when she failed to meet that deadline, despite M.M.’s parents providing medical documentation explaining that toileting delays are common in children with Down syndrome. To justify expelling M.M., SEI pointed to its “corporate policy” on toileting, which SEI said required 3-year-olds in certain classrooms to be fully toilet trained.
After conducting the investigation, the United States filed a complaint in federal district court against SEI, alleging that the company violated the ADA by discriminating against both M.M. and her parents when it refused to modify its standard toileting policy and then expelling the child on the basis of her disability.
In 2009, the U.S. Department of Justice brought an action against SEI in Pennsylvania (when it was still operating as Nobel Learning Communities), alleging that the company had a pattern or practice of discriminating against children with disabilities. The parties settled that lawsuit in 2011.
The ADA prohibits discrimination on the basis of disability in child care centers, which must make reasonable modifications to their policies, practices, or procedures when necessary to provide equal access to a child with a disability, unless a modification would fundamentally alter the nature of the goods and services. Reasonable modifications in a child care setting can include personal services, such as diapering or toileting assistance for children who need it due to a disability, regardless of age, when such personal services are provided to other children.
Under the terms of the agreement, SEI is required to adopt a policy consistent with the ADA that requires it to provide reasonable modifications for children with disabilities that impact their ability to be toilet-trained. That policy change will protect children attending SEI’s seven facilities in New Jersey and more than 150 schools in 16 other states and Washington, D.C. SEI must also comply with rigorous reporting requirements, inform current and prospective families about the policy change, and train current and future employees on the policy. SEI must also pay a civil penalty of $30,000 to the United States and $18,000 as damages to M.M.
Individuals who believe they may have been victims of discrimination may file a complaint with the U.S. Attorney’s Office at: Civil Rights Enforcement or call the U.S. Attorney’s Office’s Civil Rights Complaint Hotline at (855) 281-3339.
Additional information about the ADA can be found at ADA.gov or by calling the Department of Justice’s toll-free information line at 800-514-0301 and 800-514-0383.
The government is represented by Assistant U.S. Attorneys Jordan M. Anger, Ben Kuruvilla, and David V. Simunovich of the U.S. Attorney’s Office Civil Division; Special Assistant U.S. Attorney Victor Williamson of the U.S. Attorney’s Office’s Civil Rights Unit; and Trial Attorney Charlotte Lanvers of the U.S. Department of Justice, Civil Rights Division, Disability Rights Section.
U.S. Attorney: Kansas Joins Project Guardian – A Nationwide Strategic Plan to Reduce Gun ViolenceRead the Press Release
KANSAS CITY, KAN. – Kansas will join a nationwide drive to keep guns out of the hands of domestic violence offenders, convicted felons and people with serious mental problems, U.S. Attorney Stephen McAllister said today.
The plan, called Project Guardian, puts new emphasis on using the federal background check system for gun purchases to identify straw purchasers, individuals convicted of felonies or misdemeanor crimes of domestic violence and individuals who are subject to protective orders. The U.S. Attorney’s office and the Bureau of Alcohol, Tobacco, Firearms and Explosives will work together on the project.
“Gun crime has been a particular focus in the District of Kansas,” McAllister said. “We have emphasized gun investigations and prosecutions as part of our Project Safe Neighborhoods efforts in Wichita, and the Department of Justice has strongly supported the development of the new Gun Crime Intelligence Center in Wichita to further enhance and support such efforts. The priorities of Project Guardian will complement and strengthen our ongoing efforts.”
Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” Attorney General William P. Barr said today when he announced the initiative. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”
“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.”
Project Guardian’s implementation is based on five principles:
- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
- Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees.
Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
- Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
- Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety.
Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
- Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.
Federal law enforcement represents only about 15 percent of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level.
- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
U.S. Attorney J. Douglas Overbey Announces Guilty Pleas in Large Government FraudRead the Press Release
CHATTANOOGA, Tenn. – United States Attorney J. Douglas Overbey announced today that Rahim and Karim Sadruddin were entering guilty pleas to two counts of wire fraud and one count of money laundering in connection with an information filed in the U.S. District Court for the Eastern District of Tennessee. The Sadruddins were charged as part of a scheme greater than $30 million to defraud FEMA, TVA, and the State of Tennessee related to the procurement of tarps for hurricane victims in Puerto Rico and the fraudulent acquisition of state and federal grant funds for the purpose of establishing a textile manufacturing plant in Pikeville. The defendants entered their guilty pleas in front of United States Magistrate Judge Christopher H. Steger in the United States Court in Chattanooga.
Upon conviction, the Sadruddins each face the following punishments: 1) Counts One and Two (Wire Fraud) – Since the offense involved a presidentially declared major disaster and emergency, imprisonment for up to 30 years; a fine of up to $1 million; and any lawful restitution. 2) Count Three (Money Laundering) – Imprisonment up to 10 years; a fine up to $250,000 or twice the amount of criminally derived property; and any lawful restitution. As part of their guilty pleas and plea agreements with the United States, the defendants will forfeit numerous items including houses, vehicles, bank accounts, and other personal property that were obtained through the proceeds of the fraud whole.
The United States Attorney’s Office for the Eastern District of Tennessee partnered with numerous other federal, state, and local law enforcement and administrative agencies to conduct the investigation in this case. The agencies involved included the Department of Homeland Security Office of Inspector General (DHS OIG), Federal Bureau of Investigation (FBI), Tennessee Valley Authority Office of Inspector General (TVA OIG), Tennessee Bureau of Investigation (TBI), Tennessee State Comptroller’s Office, and the 12th Judicial District Attorney’s Office.
From April 2017 through January 2019, the Sadruddins devised and participated in a scheme first to defraud the state of Tennessee and Tennessee Valley Authority by providing false information to win a bid for over $3 million worth of grants to build a textile manufacturing plant and provide jobs to the citizens of Bledsoe County, in Pikeville. Once they began wrongfully receive those funds from the State of Tennessee as part of the grant, they used that money to begin buying tarps to satisfy a separate $30 million contract with the Federal Emergency Management Agency (FEMA), in which they pledged to provide tarps to citizens in Puerto Rico following the devastating hurricanes in that region – Hurricane Maria and Hurricane Irma. As part of the contract, the defendants pledged to obtain tarps from Trade Agreements Act (TAA)-compliant countries and to provide tarps that met FEMA specifications. Instead, the defendants used the funds fraudulently obtained from the State of Tennessee and TVA to purchase tarps from China – a non-TAA-compliant country – that did not meet the contract specifications. The defendant’s falsified records suggesting they had legally procured the tarps and that the tarps met the agreed-upon specifications. Subsequent inspection of the tarps and documentation the defendants provided revealed the existence of the fraud and non-compliance with the specifications of the contract to help the victims of the hurricanes.
On October 22, 2019, a 3-count Information, which included the aforementioned charges, was filed with the United States District Court for the Eastern District of Tennessee in Chattanooga.
United States Attorney J. Douglas Overbey praised the hard work of the Assistant U.S. Attorneys and the collaboration which resulted from the cooperative efforts of several federal and state agencies. “The diligent and tireless efforts of Assistant U.S. Attorneys Steven Neff and Gretchen Mohr were critical to ensure our office’s commitment of cooperation and support for our federal, state, and local law enforcement partners remains strong. The Department of Justice and the U. S. Attorney’s Office for the Eastern District of Tennessee are dedicated to protecting all of our citizens from those who seek to victimize them in their most vulnerable moments,” said U.S. Attorney Overbey.
“The Department of Homeland Security (DHS), Office of Inspector General (OIG) in partnership with the Department of Justice is committed to identifying and investigating fraud schemes and corrupt activities that pose significant risk and major financial impact to DHS and its components, including FEMA. This fraud scheme siphoned millions of federal and state tax dollars while preventing disaster victims from receiving quality materials to protect their homes,” said James E. Long, Special Agent in Charge, Major Frauds and Corruption Unit, DHS OIG. “Fraud perpetrated against FEMA is detrimental to our nation’s infrastructure and safety, especially from programs that support local communities and disaster victims.”
"We appreciate the partnership between the multiple state and federal agencies who made this investigation possible. We believe this case will lead to more oversight and accountability of public funds. Taxpayers expect nothing less," said Tennessee Comptroller Justin P. Wilson.
Jill Matthews, Deputy Inspector General of the Tennessee Valley Authority’s (TVA) Office of the Inspector General (OIG), added, “A critical mission of TVA is to help give the people of the Tennessee Valley a better opportunity to prosper by bringing investment and good jobs to the region. The TVA OIG would like to thank the United States Attorney’s Office, specifically Assistant U.S. Attorney Steve Neff, Tennessee Comptroller’s Office, Tennessee Bureau of Investigation, Federal Bureau of Investigation, and Department of Homeland Security OIG for working hand in hand with our office to investigate this fraudulent activity affecting a TVA program designed to promote investment in the Valley. With the cooperation of these federal and state law enforcement agencies and the assistance of TVA Economic Development, we were able to successfully gather the evidence needed to bring this case to a successful conclusion. We are pleased that justice has been served against those individuals that defrauded TVA and the people of the Tennessee Valley.”
“This investigation clearly demonstrates law enforcement's dedication to investigating major financial crimes. As evidenced by this case, the FBI’s commitment is to not only hold law breakers accountable for their actions, but also to utilize the Federal forfeiture laws to strip law breakers of the fruits of their crimes, with the goal of recovering assets to repay their victims. With our law enforcement partners, the FBI will continue to allocate expert resources to investigate and prosecute all those who are intent in defrauding the American public," said FBI’s Special Agent in Charge Joe Carrico.
Steven S. Neff and Gretchen Mohr, Assistant United States Attorneys, represent the United States.
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U.S. Attorney David J. Freed Announces Launch of Project Guardian – A Nationwide Strategic Plan to Reduce Gun ViolenceRead the Press Release
Initiative emphasizes enforcing gun prohibitions based on domestic violence convictions and mental health denials
U.S. Attorney David J. Freed announces that today, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.
Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” said Attorney General William P. Barr. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”
“In announcing Project Guardian, Attorney General Barr has given voice to what we see on the streets,” said U.S. Attorney Freed. “Firearms, most often illegally obtained and possessed, are the indispensable tool of the violent criminal. Throughout the Middle District of Pennsylvania, and in particular in our Project Safe Neighborhoods’ (PSN) sites of Harrisburg, Wilkes-Barre/Hazleton, Williamsport and York, we are singularly focused on reducing violent crime. This very clearly means aggressively investigating and prosecuting gun crimes. Together with our state and local partners, we are sending one clear message: Any criminal who uses a firearm in commission of his crime is in very real danger of federal prosecution, and federal prison.”
“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.”
Project Guardian’s implementation is based on five principles:
- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
- Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees. Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
- Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
- Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety. Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
- Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF. Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level.
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Thibodaux Man Sentenced for New Orleans Hancock Bank RobberyRead the Press Release
NEW ORLEANS - U.S. Attorney Peter G. Strasser announced that earlier today TROYNELL COOKS (“COOKS”), age 40, of Thibodaux, was sentenced to 77 months imprisonment by United States District Court Judge Sarah S. Vance for committing a bank robbery. Additionally, COOKS was ordered to serve (3) years of supervised release and pay a $100.00 special assessment fee.
According to court documents, on October 29, 2018, COOKS entered the Hancock Bank located at 2421 St. Claude Avenue, New Orleans, Louisiana. COOKS handed a demand note to the teller with instructions to put money in an envelope because he had a gun and nothing to lose. COOKS stood by a teller’s counter with his right hand in his pocket and gave the impression that he was armed with a firearm. COOKS received some cash from the teller and exited the bank. After a brief chase, law enforcement officials successfully apprehended COOKS not far from the bank’s location and recovered the stolen money.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation and the New Orleans Police Department in investigating this matter. Assistant United States Attorney Duane A. Evans is prosecuting the case.
The United States and Colombia Meet to Discuss Extradition and Legal Assistance MattersRead the Press Release
Representatives from the Office of International Affairs and the Judicial Attaché Office of the U.S. Department of Justice’s Criminal Division; the U.S. Department of State; and the Attorney General of the Republic of Colombia, Mr. Fabio Espitia Garzón; the Minister of Justice, Ms. Margarita Cabello Blanco; and representatives from Colombia’s Ministry of Foreign Affairs are meeting in Cartagena, Colombia this week for a consultations meeting on extradition and legal assistance matters between Colombia and the United States.
This meeting is a mechanism whose purpose is to address judicial cooperation in criminal matters, expedite proceedings between both countries in extradition and legal assistance matters, share good practices and experiences, hold working group sessions, and have a direct dialogue regarding the challenges imposed by the joint work in the fight against transnational organized crime.
Similarly, issues related to criminal finances, tools to economically dismantle organizations devoted to organized crime, and asset sharing and forfeiture will be addressed.
The Colombian State is also represented by the Directors from the Office of the Attorney General of the Republic of Colombia, including the Director of the International Affairs Office; the Delegate against Organized Crime; the Delegate for Criminal Finances; the Special Director of Extinction of Domain and Asset Forfeiture; the Vice-Minister of Justice and Law, Juan Francisco Espinosa Palacios; and the Directors of International Affairs and Transitional Justice from the Ministry of Justice.
Advisers from the Directorate of International Legal Affairs and the Directorate of Migration, Consular Affairs and Citizen Service of the Ministry of Foreign Affairs of Colombia also will participate.
There have been three previous similar meetings: the first two held in 2016 and 2017 in Bogotá, Colombia, and the last one held in 2018 in Washington, DC.
Sturgis Man Charged with Possession with Intent to Distribute a Controlled Substance and Unlawful Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Sturgis, South Dakota, man was charged in federal district court with Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Dustin Island, age 40, was charged on October 22, 2019. Island appeared before U.S. Magistrate Judge Daneta Wollmann on November 8, 2019, and plead not guilty to the charges.
The penalty upon conviction is a minimum of 5 years up to 40 years in federal prison and/or a $5,000,000 fine, at least 4 years up to life supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Island possessing with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, and unlawfully possessing a semi-automatic pistol in June 2019 in Meade County. The charges are merely an accusation and Island is presumed innocent until and unless proven guilty.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
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 its 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 local communities to develop effective, locally-based strategies to reduce violent crime.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Island was detained pending trial. A trial date has not been set.
Staten Island Man Pleads Guilty to Sexual Exploitation of a ChildRead the Press Release
Earlier today, after a jury had been selected for trial, Blaise Caroleo pleaded guilty in federal court in Brooklyn to sexual exploitation of a child. The proceeding took place before United States District Judge Eric N. Vitaliano. When sentenced, Caroleo faces a statutory minimum sentence of 15 years’ imprisonment and a maximum of 30 years’ imprisonment.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the guilty plea.
Between approximately January 24, 2016 and October 12, 2016, Caroleo enticed a 14-year-old girl to produce sexually explicit images of herself, and to send these images to him using an Internet application called Kik. The account name for the application on Caroleo’s cell phone was “Nimfeater.” A review of Nimfeater’s Kik account revealed a series of messages in which Caroleo requested sexually explicit photos of Kik users who have been identified as minors.
“The defendant is a dangerous predator who, armed with a phone app, targeted young girls for sexual exploitation,” stated United States Attorney Donoghue. “Protecting children from harm will always be a priority of this Office.” Mr. Donoghue expressed his grateful appreciation to the Federal Bureau of Investigation, New York Field Office (FBI), and the FBI’s Human Trafficking and Child Exploitation Task Force for their work on the case.
This prosecution is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices, 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 government’s case is being prosecuted by Assistant United States Attorneys Erin E. Argo and Alicia N. Washington.
The Defendant:
BLAISE CAROLEO (also known as “Nimfeater”)
Age: 55
Staten Island, NYE.D.N.Y. Docket No. 17-CR-177 (S-1) (ENV)
St. Croix Man Sentenced for Possessing 20 Pounds of Marijuana in His Luggage at the Henry E. Rohlsen AirportRead the Press Release
St. Croix, USVI – Dequan Forde, 22, of St. Croix, was sentenced on November 13, 2019, in District Court to one count of Possession of Marijuana with Intent to Distribute, United States Attorney Gretchen C.F. Shappert announced.
Chief Judge Wilma A. Lewis sentenced Forde to eight months incarceration with credit for time served, three years of supervised release, a $1,000 fine, and a $100 special assessment.
According to court documents, on January 31, 2018, Forde traveled on American Airlines flight 2317 from Miami, Florida to St. Croix. Upon landing at the Henry E. Rohlsen Airport on St. Croix, an x-ray examination of Forde’s luggage displayed unusual packaging. A physical examination of the luggage revealed a laundry bag that contained two vacuumedsealed bags containing suspected marijuana. The luggage was placed on the baggage carousel where Forde retrieved it. The total gross weight of the marijuana was approximately 9.40 kilograms, or approximately 20 pounds.
The case was investigated by the Virgin Islands Port Authority Police, Customs and Border Protection, and Homeland Security Investigations. The marijuana was analyzed by the DEA Southeast Laboratory in Miami. Assistant U.S. Attorney Daniel H. Huston prosecuted the case.
Springfield Man Sentenced to 10 Years for Child PornographyRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Missouri, man has been sentenced for receiving and distributing child pornography.
Canvas Harris, 27, was sentenced by U.S. District Judge M. Douglas Harpool on Tuesday, Nov. 12, to 10 years in federal prison without parole. The court also ordered Harris to pay a total of $5,000 in restitution to two child victims. Following incarceration, Harris will be on supervised release for 10 years.
Harris pleaded guilty to the federal indictment on April 17, 2019. Harris posted files that contained child pornography to his account at Tumblr, which notified the National Center for Missing and Exploited Children. Law enforcement officers executed a search warrant at Harris’ residence on Sept. 17, 2018, and seized a number of digital devices that contained child pornography.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Southwest Missouri Cyber Crimes Task Force and Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
South Bend Man Sentenced to over 11 Years in PrisonRead the Press Release
SOUTH BEND – Shawn Fox, age 34, of South Bend was sentenced before U.S. District Court Judge Robert L. Miller, Jr, upon his plea of guilty to three counts of bank robbery by force or violence, announced U.S. Attorney Kirsch.
Fox was sentenced to 137 months in prison, 3 years of supervised release, and ordered to pay $10,197.
According to documents in this case, starting in December 2018 and continuing through January 28, 2019, Mr. Fox was involved in the robbery of 4 banks, three in the South Bend area and one in Bronson, Michigan. Fox was released from prison on October 19, 2018 from a previous bank robbery conviction. He was on supervised release at the time of the robberies and has been convicted of 5 prior felony offenses with 2 of those being robbery convictions.
The case was investigated by the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Frank E. Schaffer.
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