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5 November 2019
Colorado U.S. Attorney's Office Files Court Action to Enforce Subpoenas Issued to State Program in Investigations of Colorado PharmaciesRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announced today that it has filed a petition in federal court to enforce subpoenas that were issued by the Drug Enforcement Administration in its ongoing investigations of two Colorado pharmacies that dispense opioids and other controlled substances.
The DEA issued the subpoenas to obtain information that the pharmacies had reported to Colorado’s Prescription Drug Monitoring Program (“PDMP”). As explained in the petition, the DEA was informed by the Colorado Attorney General’s Office that the information those pharmacies had reported to the PDMP would not be disclosed to the DEA. The petition filed today requests a court order directing three respondents—the Colorado Board of Pharmacy; Patty Salazar, Executive Director of the Colorado Department of Regulatory Agencies; and Appriss, Inc., a corporation headquartered in Kentucky that maintains information reported to Colorado’s PDMP—to produce the information sought by the DEA subpoenas.
“We are taking this action as part of our office’s efforts to aggressively pursue law enforcement investigations of anyone who may be breaking the law and contributing to Colorado’s epidemic of prescription drug abuse,” said U.S. Attorney Jason Dunn. “The DEA is fighting that epidemic with us and needs the information it subpoenaed to advance its investigations of two pharmacies. That information will reveal important details that will help us to evaluate whether the pharmacies have been following the law when they dispense controlled substances. We recognize that this information is sensitive, but, just as the state does, we respect that sensitivity and will protect the confidentiality of that information from public disclosure. We are disappointed with the refusal to comply with these lawful subpoenas, a refusal that has forced us to seek aid from the court in getting the information we need to carry out important law enforcement investigations aimed at combating the prescription drug abuse epidemic.”
This case is being handled by Assistant U.S. Attorneys Kevin Traskos and David Moskowitz in the U.S. Attorney’s Office for the District of Colorado.
Collier County Tax Preparer Convicted in Multi-Million Dollar Tax Fraud SchemeRead the Press Release
Fort Myers, FL – A federal jury has found Augustin Dalusma guilty of 12 counts of filing false claims against the Internal Revenue Service and three counts of making or subscribing to false tax returns. He faces a maximum penalty of five years in federal prison for each count of filing a false claim and up to three years’ imprisonment for each count of making a false tax return. His sentencing hearing is scheduled for January 27, 2020.
Dalusma was indicted on September 26, 2018.
According to evidence presented at trial, between 2012 and 2015, Dalusma, a tax preparer, falsified information in tax returns for 630 of his clients, fraudulently qualifying them for thousands of dollars in tax refunds that they were not lawfully entitled to collect. In total, the false claims filed on behalf of his clients exceeded $4 million over the four-year period. Dalusma also falsified his own tax returns from 2012 through 2014, significantly underreporting his own income to evade more than $30,000 in taxes for each of those years.
This case was investigated by Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorney Simon R. Eth and Trial Attorney Eyitayo St. Matthew-Daniel of the Justice Department’s Antitrust Division.
California Man Sentenced to 27 Months in Prison for Transporting 14 Kilograms of Heroin and FentanylRead the Press Release
NEWARK, N.J. – A Riverside, California, man was sentenced today to 27 months in prison for transporting heroin and fentanyl from California to New Jersey for distribution in New Jersey, U.S. Attorney Craig Carpenito; Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration, New York Division; New York City Police Commissioner James P. O’Neill; Keith M. Corlett, Acting Superintendent of the New York State Police; and Angel M. Melendez, Special Agent in Charge, Homeland Security Investigations, New York Field Office, announced.
Joselito Colindres, 42, previously pleaded guilty before U.S. District Court Judge William J. Martini to an information charging him with one count of conspiracy to distribute and possess with intent to distribute over one kilogram of heroin and over 400 grams of fentanyl. Judge Martini imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
On Oct. 21, 2018, law enforcement officers learned that Colindres and Nester Estuardo Ruano Gutierrez were driving a tractor-trailer containing narcotics from California to New Jersey and elsewhere. After a lawful search of the tractor trailer, law enforcement officers found boxes of narcotics, including approximately 10 kilograms of heroin and four kilograms of fentanyl. Colindres admitted in court that these narcotics were intended for sale in and around New Jersey.
In addition to the prison term, Judge Martini sentenced Colindres to two years of supervised release.
U.S. Attorney Carpenito credited the New York Strike Force, a crime-fighting unit comprising federal, state and local law enforcement agencies supported by the Organized Crime Drug Enforcement Task Force (OCDETF) and the New York/New Jersey High Intensity Drug Trafficking Area (HIDTA), with the investigation leading to today’s sentencing.
The Strike Force is housed at the DEA’s New York Division and includes agents and officers of the DEA; the New York City Police Department; the New York State Police; Immigration and Customs Enforcement – Homeland Security Investigations; IRS-Criminal Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Customs and Border Protection; U.S. Secret Service; the U.S. Marshals Service; New York National Guard; the Clarkstown Police Department; U.S. Coast Guard; Port Washington Police Department; and New York State Department of Corrections and Community Supervision.
The government is represented by Assistant U.S. Attorney Lauren E. Repole of the U.S. Attorney’s Office’s Organized Crime Drug Enforcement Task Force (OCDETF) Unit in Newark. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.Defense counsel: Candace Hom Esq., Assistant Federal Public Defender, Newark
Bronx Gang Member Charged with 2015 MurderRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Peter C. Fitzhugh, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”), Raymond Donovan, the Special Agent in Charge of the New York Division of the U.S. Drug Enforcement Administration (“DEA”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of an indictment charging JOSE RODRIGUEZ, a/k/a “Hov,” a/k/a “Hov Goon,” with murder in aid of racketeering, conspiracy to commit murder in aid of racketeering, and firearms offenses in connection with the murder of Daquan Cooper on June 25, 2015, in the Bronx. RODRIGUEZ was already in federal custody serving a sentence for other charges. RODRIGUEZ will be presented later today before U.S. Magistrate Judge Gabriel W. Gorenstein. The case is assigned to U.S. District Judge Alvin K. Hellerstein.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged in the indictment, Jose Rodriguez and others were responsible for the cold-blooded murder of Daquan Cooper in the Parkchester neighborhood of the Bronx in 2015. We commend the extraordinary efforts of our law enforcement partners to bring this defendant to justice.”
HSI Special Agent in Charge Peter C. Fitzhugh said: “Rodriguez allegedly ran with a gang whose calling card was violence and drug trafficking, and he is now charged with murder in aid of racketeering for his involvement in a 2015 homicide. As alleged, he may have thought he was in the clear four years later, but strong law enforcement partnerships ensure that no one will get away with murder. You commit a crime, you will be arrested and you will be prosecuted.”
DEA Special Agent in Charge Raymond Donovan said: “Too often we see murder as a byproduct of gang violence and drug trafficking. This investigation is a result of combined law enforcement efforts to thwart violent crime and bring answers to victims’ families.”
NYPD Commissioner James P. O’Neill said: “Our obligation is not just to ensure that New Yorkers in every neighborhood are safe, but that they feel safe. To that end, our work identifying and dismantling gangs and crews, and preventing the violence so often associated with their activities, continues to be of paramount importance. I thank our NYPD investigators, and our law enforcement partners in the U.S. Attorney’s Office for the Southern District, HSI, and the DEA, for their dedication and vital work in this case.”
According to the allegations in the Indictment unsealed today in Manhattan federal court[1]:
RODRIGUEZ was a member or associate of a racketeering enterprise known as the Beach Avenue Crew, a criminal organization whose members and associates engaged in, among other things, murder, attempted murder, and narcotics trafficking.
On June 25, 2015, RODRIGUEZ and others murdered Daquan Cooper in the vicinity of 1595 Unionport Road in the Parkchester neighborhood of the Bronx.
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RODRIGUEZ, 27, from the Bronx, New York, is charged with one count of murder in aid of racketeering, which carries a maximum sentence of death or life in prison, and a mandatory minimum sentence of life in prison; one count of conspiracy to commit murder in aid of racketeering, which carries a maximum sentence of 10 years in prison; one count of murder through use of a firearm, which carries a maximum sentence of death or life in prison, and a mandatory minimum sentence of five years in prison; and one count of being a felon in possession of ammunition, which carries a maximum sentence of 10 years in prison.
Mr. Berman praised the investigative work of HSI, DEA, and the NYPD. Mr. Berman added that the investigation is continuing.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Maurene Comey, Jacob Warren, and Andrew K. Chan are in charge of the prosecution.
The charges contained in the Indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
British Man Pleads Guilty to Wire Fraud and Aggravated Identity Theft in Brazen Scheme that Victimized Hundreds of Thousands across the CountryRead the Press Release
A British man living in Las Vegas, Nevada, pleaded guilty today to a scheme to abuse the personal and financial information of hundreds of thousands of victims in order to steal millions of dollars, the Department of Justice announced today.
Gareth David Long, 40, pleaded guilty to one count of wire fraud and one count of aggravated identity theft in federal court in Las Vegas before U.S. District Judge Andrew P. Gordon. The court set Long’s sentencing hearing for Feb. 20, 2020.
“The defendant took millions of dollars from numerous victims by misusing their personal and financial data,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “As demonstrated by this case, the Department of Justice is committed to protecting the public from those who unlawfully use personal and financial data to victimize American consumers.”
“Today’s events serve as another example of the unremitting dedication of the Postal Inspection Service to halt the devastating effects of identity theft. Those who engage in this type of fraud must learn they cannot escape detection and will be brought to justice,” said Inspector in Charge Delany De Leon-Colon of U.S. Postal Inspection Service’s Criminal Investigations Group at National Headquarters. “The guilty plea of Gareth Long has brought justice for all who suffered financial and emotional distress because of his actions.”
As part of his plea agreement, Long admitted that he created and deposited checks drawn on the checking accounts of more than 375,000 victims without authorization during a six-month period in 2013. Although Long had no authorization to charge the victims’ accounts, he represented to victims’ banks that the victims had authorized the debits. When account holders called to complain about the charges, Long instructed his employees to tell callers that they had authorized the charges in connection with an online payday loan application. Long used the proceeds of his fraud scheme to purchase a 5,400 square foot ranch and 23 acres of land in Texas, three airplanes, cars, a fire truck, and construction and farm equipment, as well as to pay other personal expenses.
In pleading guilty, Long admitted that, from 2008 through 2013, he operated a third-party payment processing company, V Internet Corp, which also did business as Altcharge and Check Process. As a payment processor, Long specialized in the creation and deposit of remotely-created checks (“RCCs”). An RCC is a check created not by the account holder, but by the third-party payee. In place of a signature, Long’s RCCs contained a typed statement claiming that the check was authorized by the account holder. Because of this payment processing activity, Long possessed the personal and financial information of hundreds of thousands of consumers whose accounts he debited in 2012 and earlier.
In January 2013, Long stopped acting as a third-party payment processor for other merchants, and simply started using RCCs to charge the bank accounts of consumers whose personal identifying information he had acquired over the previous five years, as well as other consumers whose information Long purchased in the form of “lead lists.” Long did not have authorization to charge any of these victims’ accounts.
From January through July of 2013, Long created and deposited more than 750,000 RCCs totaling more than $22 million. While approximately half of these RCCs were immediately reversed by victims’ banks, Long nevertheless succeeded in stealing approximately $11 million over a six-month period.
The U.S. Postal Inspection Service seized more than $2.9 million from Long’s company bank accounts. Postal Inspectors also seized property that Long purchased with the proceeds of his fraudulent activity, including three airplanes and the other vehicles and property described above. In addition, as part of his plea agreement, Long will forfeit the ranch and land he purchased in Texas.
The Department of Justice’s case is being handled by Trial Attorneys John W. Burke and Ehren Reynolds of the Consumer Protection Branch in coordination with the U.S. Attorney’s Office for the District of Nevada and with substantial investigative support from the U.S. Postal Inspection Service.
Bridgeville Woman Admits Guilt in Wiretap Investigation into Crack and Cocaine Trafficking in Pittsburgh’s West EndRead the Press Release
PITTSBURGH - A resident of Bridgeville, PA, pleaded guilty in federal court to a charge of conspiracy to distribute cocaine and crack cocaine, United States Attorney Scott W. Brady announced today.
Brianne Dean, 31, pleaded guilty to two counts before Senior United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that in 2017, the Federal Bureau of Investigation and the Drug Enforcement Administration initiated a wiretap investigation, primarily targeting the GBK street gang and drug trafficking in and around an area known as the Greenway Projects, located in the West End of the City of Pittsburgh. The wiretap investigation revealed that from in and around November 2017 through in and around June 2018, Dean and her co-conspirators distributed 28 grams or more of crack cocaine and 500 grams or more of powder cocaine in and around the area of the Greenway Projects.
Judge Schwab scheduled sentencing for March 31, 2020 at 9:00 a.m. The law provides for a total sentence of not less than 5 years and up to life in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Pending sentencing, the court continued the defendant’s bond.
Assistant United States Attorneys Tonya Sulia Goodman and Yvonne M. Saadi are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Drug Enforcement Administration jointly led the multi-agency investigation, which also included the Pittsburgh Bureau of Police, Allegheny County Sheriff’s Office, Pennsylvania State Police, Robinson Township Police Department, Stowe Township Police Department, Pennsylvania Attorney General’s Office, Wilkinsburg Borough Police Department, and the McKees Rocks Police Department, that led to the prosecution of Dean.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Boston Gang Member Sentenced for Federal Firearm OffenseRead the Press Release
BOSTON – A Boston man, affiliated with the Vine/Forest Street and Orchard Park gangs, was sentenced today in federal court in Boston for illegally possessing a firearm and ammunition.
Quantae Elmore, 22, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 30 months in prison and three years of supervised release. In July 2019, Elmore pleaded guilty to one count of being a felon in possession of a firearm and ammunition.
On May 4, 2018, police officers encountered Elmore with a loaded firearm in his waistband on Zeigler Street, in the Orchard Gardens development of Boston’s Roxbury neighborhood, in the company of other Vine/Forest Street and Orchard Park gang members. Elmore had previously been convicted of a crime punishable by more than one year in prison and was therefore prohibited by federal law from possessing a firearm and ammunition.
United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Commissioner William Gross made the announcement today.
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. PSN is 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.
Arizona Man Sentenced to over 11 Years in Prison for Kidnapping Girl and Transporting and Possessing Child PornographyRead the Press Release
LAS VEGAS, Nev. — Luis Angel Vicente Martir Gudiel, 27, of Arizona, was sentenced today by U.S. District Judge James C. Mahan to 11 years in federal prison to be followed by lifetime supervised release, U.S. Attorney Nicholas A. Trutanich announced. Gudiel will be deported after serving his sentence.
According to court documents, in 2016, Gudiel met a 14-year-old girl at church in Arizona and began a sexual relationship with her. The relationship ended when the victim’s family and church members learned of their relationship. In December 2017, Gudiel rekindled his sexual relationship with the victim and they communicated with each other via Snapchat and Facebook. From December 2017 to March 2018, Gudiel had sex with the victim more than 50 times. On March 4, 2018, when the victim was 15 years old, Gudiel picked her up from church and drove her home.After seeing the victim’s father outside the home, Gudiel told the victim that they were running away together and drove her to Las Vegas. When they arrived in Las Vegas, Gudiel received a call from the Phoenix Police Department looking for the victim. Through a collaborative effort between the Phoenix Police Department and the FBI, the victim was found in Las Vegas and returned safely to her family. Gudiel was arrested and officers obtained a search warrant for his cell phone. A forensic review of that phone showed child pornography videos of the victim that Gudiel had produced, transported, and possessed. Gudiel pleaded guilty in June 2019, to transportation of child pornography and possession of child pornography.
This case was the product of an investigation by the FBI. Assistant U.S. Attorney Elham Roohani prosecuted the case.
This investigation is part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, 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.justice.gov/psc.
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2 local meth conspiracy defendants opt for guilty pleasRead the Press Release
LAREDO, Texas – A duo accused of conspiring to possess meth now face up to life imprisonment after pleading guilty to their respective roles in the crime, announced U.S. Attorney Ryan K. Patrick.
Juan Carlos Hernandez, 38, a lawful permanent resident, and Isidro Gonzalez, 44, both of whom reside in Dallas, pleaded guilty today in federal court.
On June 15, Hernandez attempted admission into the country as a passenger on a commercial bus at the Lincoln Juarez Port of Entry in Laredo. After an x-ray revealed anomalies in one of his suitcases, a K-9 alerted to that bag. Ultimately, authorities seized 24 bottles appearing to be a legitimate beverage product. However, they actually held a total of 16.25 kilograms of liquid meth.
Gonzalez asked his friend, Hernandez, to transport the bottles from the Hernandez family home in Ocampo, Guanajuato, Mexico, to his residence in Dallas.
Gonzalez said the meth was converted from liquid to crystal form at his residence. Authorities conducted a search at that location and seized approximately 13.5 and two kilograms of liquid and crystal meth, respectively.
Sentencing for Hernandez and Gonzalez has been set for Feb. 22 and 24, respectively, before U.S. District Judge Marina Garcia-Marmolejo. At that time, they face up to life in prison as well as a possible $10 million maximum fine.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with assistance from Customs and Border Protection. Assistant U.S. Attorney Michael Bukiewicz is prosecuting the case.
4 November 2019
Youth Baseball Umpire Sentenced to over 17 Years in Federal Prison for Distribution and Receipt of Child PornographyRead the Press Release
Spokane – William D. Hyslop, United States Attorney for the Eastern District of Washington, announced that Matthew Lee Lane, age 48 of Spokane, Washington, was sentenced following conviction after a six-day jury trial in June 2019, of one count of Distribution of Child Pornography, and one count of Possession of Child Pornography. United States District Judge Rosanna Malouf Peterson sentenced Lane to a 210-month term of imprisonment, to be followed by a life term of court supervision after he is released from federal prison. Judge Peterson also required Lane to register as a sex offender upon completion of his prison sentence.
According to evidence introduced at trial, Lane downloaded thousands of images of child pornography via the internet, and then shredded nearly all of them in an effort to elude law enforcement. But he also transmitted images of child pornography to an undercover FBI agent over a Peer-to-Peer network, which led to a federal search warrant at his residence in North Spokane. Significant indicia of child pornography were recovered from his digital devices, including not only log files indicating that he had downloaded and deleted thousands of child pornography files, but memes involving the kidnapping of children and other forms of sexual exploitation of children. Lane was a youth baseball umpire at the time he was engaging in child exploitation conduct online.
At sentencing, Judge Peterson noted that Lane tried to shred all the evidence of his online child exploitation conduct, which demonstrated both consciousness of guilt and an effort to elude law enforcement. She specifically articulated the dangers of online child pornography, and the ways in which the victims are damaged by their images being traded on the Internet forever. In particular, Judge Peterson noted that Lane contributed to a market for additional abuse by engaging in the downloading and trading of child pornography images. Judge Peterson also noted Lane’s criminal history included a prior conviction for rape.
United States Attorney Hyslop said, “Child pornography victimizes the most innocent and vulnerable in our communities. By distributing child pornography, Matthew Lee Lane further victimized the children depicted in the horrifying images, and helped perpetuate the market for such images. This sentence should serve as a warning to people who may collect or trade child pornography, they will be actively pursued by federal, state and local law enforcement officers. The United States Attorney’s Office for the Eastern District of Washington will continue to aggressively prosecute child exploitation crimes that occur in the Eastern District of Washington.”
This case was pursued as part of Project Safe Childhood (“PSC”), a nationwide initiative launched in May 2006 by the United States 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, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. The PSC Initiative has five major components:
· Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;
· Participation of PSC partners in coordinated national initiatives;
· Increased federal enforcement in child pornography and enticement cases;
· Training of federal, state, and local law enforcement agents; and
· Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
This case was investigated by the Spokane Resident Office of the Federal Bureau of Investigation and was prosecuted by David M. Herzog, an Assistant United States Attorney for the Eastern District of Washington.
Woman from Mexico Pleads Guilty After Arrest with 21 Pounds of MethRead the Press Release
WICHITA, KAN. – A woman from Mexico who was stopped in Kansas with 21 pounds of methamphetamine pleaded guilty today to a federal charge of drug trafficking, U.S. Attorney Stephen McAllister said.
Maria Alonso-Espinoza, 30, pleaded guilty to one count of possession with intent to distribute methamphetamine. The Kansas Highway Patrol stopped her car on Feb. 26, 2019, on Interstate 70 near Russell, Kan. Her brother was driving and she was riding as a passenger. She was the registered owner of the car.
Troopers found 21 pounds of methamphetamine hidden in the driver’s side rear quarter panel. Investigators learned Alonso-Espinoza was taking the methamphetamine from Colorado to Wichita for distribution.
Sentencing is set for Jan. 27. She could face a penalty of not less than 10 years in federal prison and a fine up to $10 million. McAllister commended the Kansas Highway Patrol, the Wichita Police Department and Assistant U.S. Attorney Mona Furst for their work on the case.
United States Sues Air Methods for Operating Air-Ambulance Helicopter with "Severely Corroded" ComponentsRead the Press Release
DENVER – United States Attorney Jason R. Dunn filed a complaint for civil penalties today against Air Methods Corporation. The Complaint alleges that Air Methods violated Federal Aviation Administration (“FAA”) regulations by operating an emergency-services helicopter on 51 flights after having been notified by the FAA that the helicopter’s pitot-tubes—parts necessary to determine airspeed—were “severely corroded.”
The FAA regulates the operation of aircraft within the United States. As part of the FAA’s mission to ensure safety, the FAA routinely inspects aircraft within its jurisdiction.
The complaint alleges that on November 4, 2014, an FAA Aviation Safety Inspector inspected an Air Methods helicopter in Tampa, Florida. During that inspection, the safety inspector noticed that the helicopter’s pitot tubes were severely corroded. A pitot tube is a component of the pressure measurement system used to determine airspeed. If a pitot tube is not functioning properly, it can cause the airspeed reflected on a helicopter’s instruments to vary significantly from the actual airspeed, which can present serious safety concerns. The complaint alleges that Air Methods was aware of the hazards of operating aircraft with severely corroded pitot tubes, as it had previously experienced a helicopter incident where burnt and corroded pitot tubes became clogged, causing the helicopter’s auto-pilot to partially disengage and the aircraft’s instruments to suddenly indicate an airspeed of 30 knots higher than the helicopter’s actual speed.
The complaint alleges that, after being notified by the FAA that the pitot tubes on its helicopter were severely corroded, Air Methods did not fix or replace the corroded parts, but instead continued to operate the helicopter on 51 flights. The complaint alleges that, by continuing to operate the helicopter with severely corroded pitot tubes, Air Methods violated applicable federal regulations. The complaint seeks to recover civil penalties from Air Methods up to the maximum amount allowed by law for the alleged regulatory violations.
“When a federal safety inspector notifies an air-ambulance company that one of its helicopters has a potential safety issue, the company must address that issue,” said U.S. Attorney Jason Dunn. “Air Methods kept the helicopter in the air despite being warned about the corroded pitot tubes, and we intend to hold the company accountable for its actions.”
This case is being handled by Assistant U.S. Attorney Ian Kellogg in the U.S. Attorney’s Office for the District of Colorado.
Un hombre del sur de Colorado acusado de delito federal por confabular a hacer estallar una sinagogaRead the Press Release
El Fiscal General Auxiliar de la División de Derechos Civiles, Eric Dreiband, y el Fiscal General Auxiliar de la División de Seguridad Nacional, John C. Demers, juntos con el Fiscal Federal para el Distrito de Colorado, Jason R. Dunn, y el Agente Especial Encargado de la División del FBI en Denver, Dean Phillips, anunciaron hoy que un hombre de Colorado ha sido acusado de un delito federal de odio por haber confabulado a hacer estallar la Sinagoga Emanuel en Pueblo, Colorado.
Richard Holzer, de 27 años, vecino de Pueblo, Colorado, fue acusado por denuncia penal de haber intentado intencionalmente obstaculizar el disfrute de las personas del libre ejercicio del culto religioso mediante el uso de fuerza y el intento de usar explosivos y fuego, en contra de la Sección 247 del Título 18 del Código de los Estados Unidos.
Según la declaración jurada en apoyo de la denuncia penal, Holzer planeó destruir la Sinagoga Emanuel, una sinagoga en Pueblo, Colorado que aparece en el Registro Nacional de Lugares Históricos. Tras visitar la Sinagoga Emanuel y observar a los congregantes judíos, Holzer, quien se autoidentifica como cabeza rapada y defensor de la supremacía de la raza blanca, les dijo a unos agentes encubiertos del FBI que quería hacer algo que dejaría claro a los judíos de la comunidad que no eran bienvenidos en Pueblo y que se deberían ir o morirían. En repetidas ocasiones, Holzer expresó su odio hacia los judíos y su apoyo a una guerra santa racial (RAHOWA, por sus siglas en inglés). Holzer sugirió emplear dispositivos explosivos para destrozar la sinagoga y «borrar aquel lugar del mapa». La declaración jurada menciona que las acciones de Holzer reúnen la definición federal de terrorismo doméstico porque sus acciones involucran actos delictivos que ponen en peligro la vida humana, cuya intención es intimidar o coaccionar a una población civil.
Holzer supuestamente se reunió con agentes encubiertos del FBI que fingían ser defensores de la supremacía de la raza blanca como él para tramar un plan para atacar a Sinagoga Emanuel, y luego la visitaron juntos. La declaración jurada alega que Holzer realizó visitas adicionales por su cuenta después para inspeccionar la sinagoga, y coordinó con los agentes encubiertos para conseguir los explosivos.
En la noche del 1 de noviembre del 2019, Holzer supuestamente se reunió con agentes encubiertos, los cuales le proporcionaron dispositivos explosivos inactivos creados por el FBI, incluyendo dos bombas de fabricación casera y 14 cartuchos de dinamita. Según la declaración jurada, Holzer tenía previsto detonar los explosivos varias horas más tarde, en la madrugada del sábado 2 de noviembre.
La Fiscal Federal Auxiliar Julia Martinez y el Abogado de Litigios Michael J. de la División de Derechos Civiles están enjuiciando el caso con el apoyo de la Abogada de Litigios para la Sección de Contraterrorismo Erin Creegan, de la División de Seguridad Nacional del Departamento de Justicia. El FBI llevó a cabo la investigación con la ayuda de la Policía de Pueblo y la Oficina del Sheriff del Condado de Pueblo.
Holzer se encuentra actualmente bajo custodia federal y se enfrenta a una pena máxima de 20 años de cárcel si es declarado culpable.
La acusación contenida en la denuncia es meramente una alegación, y al acusado se lo considera inocente mientras no se pruebe su culpabilidad ante un tribunal de justicia.
Anexo(s):
Download richard_holzer_complaint.pdf
U.S. Attorney warns of vaping dangersRead the Press Release
CLARKSBURG, WEST VIRGINIA –U.S. Attorney Bill Powell is sharing a warning regarding the dangers of vaping products amongst high school and middle school students following several life-threatening incidents last week.
Appalachia High Intensity Drug Trafficking Areas (HIDTA) issued a community awareness bulletin today regarding heroin-laced vape pens in the Morgantown, West Virginia area. On October 31, 2019, two separate incidents were reported involving two high-school students from Morgantown High School who overdosed as a result of heroin-laced vape pens labeled “TKO.” Additional overdoses were reported from University High School in Morgantown from the same type of vaping pen.
“There are no limits to those who intend to do harm. Heroin and other harmful substances in vape and e-cigarettes are just the latest delivery method. Please heed this warning. It is a matter of life and death,” said Powell.
Law enforcement in Morgantown are warning of additional heroin-laced vape pends and other electronic cigarettes that might be an imminent threat to the public.
If someone has possession of one of the TKO vape products, or have concerns about a vape product they purchased, please contact your local law enforcement.
Heroin-laced vaping product that caused several overdoses in the Morgantown, West Virginia area on Octboer 31, 2019.
U.S. Attorney Birge Announces Project Safe Neighborhoods Funding to Reduce Violence in Seven West Michigan CommunitiesRead the Press Release
Local law enforcement leaders have decided to use the funds to support violence prevention programs, community engagement and alternative opportunities for those who might otherwise take part in violence
GRAND RAPIDS, MICHIGAN – United States Attorney Andrew Birge announced today that the Department of Justice awarded a total of over $340,000 to seven local communities through the Western District of Michigan’s Project Safe Neighborhoods (PSN) grant. The goal of the PSN program is to reduce violent crime rates. With that goal in mind, a committee of local law enforcement leaders determines how to allocate the federal funds. In Western Michigan, a committee of local prosecutors and law enforcement departments from Grand Rapids, Lansing, Kalamazoo, Benton Harbor, Muskegon and Battle Creek collectively decided to focus on funding violence prevention, building strong community-law enforcement relationships, and providing alternative opportunities for those who might engage in violent crime.
In Battle Creek, a $37,000 grant will partially fund the salary of a victim advocate as part of Battle Creek Police Department’s Violence Interruption Initiative. This initiative takes a holistic approach to tackling violence as a public health problem. The victim advocate will work with law enforcement to identify and intervene with those who may be looking to leave a violent lifestyle and will assist victims of violence and their families as they navigate the legal process while coordinating services from governmental and non-governmental providers.
The Boys and Girls Club of Benton Harbor will receive $37,000 for Project Learn. Project Learn will provide youth development programming, including tutoring, computer technology programs, mentoring, and club activities to children ages six to fourteen living in one of the Benton Harbor area’s most violent neighborhoods. Project Learn will be provided in the children’s neighborhood 5 days a week, 36 weeks a year and includes transportation for members. "My hope is that with this PSN sub-grant funding our Boys and Girls Club involvement with the youth in the neighborhood, residents will achieve a greater sense of community," said Michael Sepic, Berrien County Prosecutor. "It is that sense of community that, over time, will reduce the significant gun violence that plagues this neighborhood."
Kalamazoo’s Group Violence Intervention (GVI) strategy is a collaboration between community and law enforcement partners who come together to address offenders about the choices they face, the support the community has to offer them, and the opportunities and resources available to law-abiding citizens. "The Project Safe Neighborhood grant is vital to Kalamazoo being able to continue the Group Violence Initiative. This ongoing strategy is making Kalamazoo neighborhoods safer by significantly reducing the number of fatal and non-fatal shootings. I want to personally thank the Department of Justice and the United States Attorney’s Office for their role in helping my community," said Jeff Getting, Kalamazoo County Prosecuting Attorney. GVI’s award of $37,000 will partially fund the salary of a program coordinator who oversee activities, partnerships, and services associated with the program, working with street outreach and social services and liaising with law enforcement.
West Michigan Silent Observer obtained $18,500 for messaging about violence prevention and unsolved crime. In the Grand Rapids area, Silent Observer plans to offer rewards for tips on violent crime, to solicit information about unsolved homicide, to provide violence prevention materials to schools, and to print informational brochures in English and Spanish to spread the word about Silent Observer, crime prevention, and providing information to law enforcement that will help solve and prevent crimes.
Midnight Basketball will be a basketball league in Lansing for players ages sixteen to twenty-four and games will be Fridays and Saturdays from 8:00 pm to 1:00 am. Lansing Police Department members will join community players for the games with dual goals of providing a positive alternative activity at times prone to high instances of gun violence and building positive relationships between youth, police, community outreach groups, and faith-based organizations. There will also be a Basketball Leadership Academy offered once a week at community centers using basketball to teach leadership skills. These projects received approximately $37,000 in funding.
Lansing Police Department is also funding various community outreach programs, including Hoop It Up—providing officers with portable adjustable hoops and balls for pop-up basketball with the community; a Health and Fitness Club pairing youth ages 8 to 16 with officers, nutritionists, and personal trainers; welcome packages for new residents with crime prevention tips; and Light Up Lansing, providing porch light bulbs to keep violence-prone areas illuminated to prevent crime, while also giving officers a chance to build bonds with residents through positive interactions.
In Muskegon, a $17,000 grant will support three projects that share the goal of reducing youth violence in Muskegon County. Working with Silent Observer, the Muskegon Police Department will offer rewards for tips on violent crime. The Muskegon Police will also fund the Boys and Girls Club of the Muskegon Lakeshore to help train young adults who do not have a license because of the prohibitive cost of driver’s training classes. Transportation is an obstacle to youth not being able to obtain employment. Finally, the Muskegon Police will support the Social Justice Commission to host events on the last day of school before summer break. The goal of this program is to prevent the outbreak of violence, which has plagued the last day of school in the city.
Muskegon Heights Police Department is funding multiple community projects throughout their city. Implementing an integrated and holistic approach to reducing gun violence in their community, Muskegon Heights Police is collaborating with local organizations to support community basketball, baseball, and football programs for at-risk youth; host the Walk for UNITY community march; fund We Care mentors to interrupt and deter future violence in local neighborhoods; and support a variety of community events that will promote violence prevention. These projects received approximately $17,000 in funding.
The United States Attorney’s Office for the Western District of Michigan remains committed to supporting local law enforcement, community organizations, and residents to reduce violent crime in our district. The funds through the Project Safe Neighborhoods grant give communities the resources they need to implement local, comprehensive, and collaborative responses to violence. Senior Vice President Annette Chapman, of the Battle Creek Community Foundation, is the fiscal agent for the Western District of Michigan’s Project Safe Neighborhoods grant. Her dedication to the grant’s strategy, management, and community stakeholders has been a key component to the success of this program.
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Two charged in failed armored car robbery attemptRead the Press Release
HOUSTON – A pair of Houston men are set to appear in federal court for their alleged roles in the recent armored car robbery attempt at a local Walgreens, announced U.S. Attorney Ryan K. Patrick.
Corderas Simmons, 31, and Jeremy Boniaby, 28, both of Houston, are charged by criminal complaint with aiding and abetting attempted interference with commerce by robbery and aiding and abetting discharging a firearm during or in relation to that robbery. They are set to appear before U.S. Magistrate Judge Peter Bray at 1:30 p.m.
The complaint alleges that on Nov. 1, Boniaby drove a stolen white Ford F-250 with Simmons as a passenger to the Walgreens at 16233 Post Oak in Houston. Soon after, an armored Garda truck arrived for its scheduled stop. The charges allege that as soon as the driver side door of the armored truck opened, so did the rear passenger door of the stolen pickup.
Law enforcement had been following both vehicles and quickly converged on the stolen truck, according to the complaint. Boniaby allegedly fled the parking lot, drove over a median at South Post Oak and entered a strip center. The charges allege Boniaby exited the vehicle wearing gloves and a hooded sweatshirt and fled on foot. A Special Weapons and Tactics (SWAT) team pursued and took him into custody, according to the complaint. Meanwhile, Simmons allegedly exited the back seat of the vehicle and also fled on foot, wearing a mask and gloves. Shortly thereafter, he was also taken into custody.
If convicted, Simmons and Boniaby face up to 20 years in prison for the attempted interference with commerce by robbery charge. They would also receive, upon conviction, a mandatory minimum of 10 years and up to life in prison for the discharge of the firearm which must be served consecutively to any other prison term imposed.
The Houston Police Department and FBI Violent Crime Task Force conducted the investigation. Assistant U.S. Attorney Jill Stotts is prosecuting the case.
This is an example of coordination between law enforcement who are part of the Houston Law Enforcement Violent Crime Initiative which combines personnel and resources from numerous federal, state and local agencies. The goal is to proactively fight and reduce violent crime across the Greater Houston area by targeting the region’s most violent offenders, augmenting investigative and prosecutorial efforts, and enhancing training, public awareness and education.
Two Muskogee Men Found Guilty of Conspiracy to Tamper with A WitnessRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced that Muskogee residents Derrick Christopher Segue, age 26, and Klawaun Lynell Sutton, a/k/a “O.G.G.”, age 38, were each found guilty by a federal jury of Conspiracy To Tamper With A Witness. The jury trial began with testimony on Tuesday, October 29, 2019 and concluded on Thursday, October 31, 2019 with the guilty verdicts.
Evidence at trial proved that from on or about January 30, 2019, and continuing until on or about January 31, 2019, in the Eastern District of Oklahoma, the defendants, Klawaun Lynell Sutton, a/k/a “O.G.G.”, and Derrick Christopher Segue, did unlawfully, knowingly and intentionally combine, conspire, confederate and agree to commit the following offense against the United States, to wit: Tampering With a Witness, Victim, and Informant by conspiring to intimidate, threaten, and corruptly persuade another person with the intent to cause and induce any person to withhold testimony from an official proceeding.
Sutton and a Segue were told by another inmate in the jail that one of the people housed with them in the Muskogee County Jail had assisted the Muskogee Police Department in getting a search warrant for the inmate’s home. The search warrant had resulted in charges against the inmate. The law enforcement action was a part of a broad FBI and DEA investigation into drug trafficking in Muskogee. Sutton directed Segue to attack the person who had assisted in the search warrant.
“Attempting to subvert justice through the use of violence or threats against a witness is a crime against the witness and an attack on our justice system. Those who carry out the violence, direct it, or participate in planning it are subject to prosecution. This verdict should send a message to those who think they can avoid justice by tampering with a witness.” said United States Attorney Brian J. Kuester. “I would like to thank the jurors for giving their time and attention to this case. Jury duty can be an inconvenience, but it is essential to the American Justice System that members of the community willingly serve as jurors.”
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the trial and ordered the completion of presentence reports for each defendant. Sentencings will be scheduled following the completion of the presentence reports.
Assistant United States Attorney Rob Wallace represented the United States.
Two Men Plead Guilty to Selling Fraudulent Social Security and Permanent Resident CardsRead the Press Release
Two men pleaded guilty Monday to selling fraudulent social security and permanent resident cards to individuals unlawfully living in the United States, announced U.S. Attorney Trent Shores.
Cristian Alvarado Morales, 30, of Tulsa, pleaded guilty to conspiring to transfer identification documents; three counts of aggravated identity theft; possession with intent to use and transfer five or more documents and authentication features; and unlawful reentry of a removed alien. Alvarado was previously removed from the United States on March 25, 2008, from Laredo, Texas. Anderson Garces Lopez, 29, of Tulsa, pleaded guilty to conspiring to transfer identification documents.
In their plea agreements, Alvarado and Garces both admitted to conspiring to sell the fraudulent social security and permanent resident cards for personal profit. The two stated that they possessed and sold more than 100 false or fraudulent identification documents. The pair used the identities of individuals both living and deceased.
“Motivated by greed, Alvarado and Garces enabled countless illegal aliens to flout our nation’s immigration laws by selling phony identification documents for profit,” said U.S. Attorney Trent Shores. “Working and living in the United States is a privilege understandably desired by many, but there are laws governing admission and citizenship into our nation. This U.S. Attorney’s Office will uphold federal immigration laws enacted by Congress and vigorously prosecute those who facilitate unlawful entry into our country.”
“Protecting our Homeland takes many forms, but enforcing the integrity of U.S. identity documents is a critical element,” said Ryan L. Spradlin, special agent in charge of the Dallas Office of Homeland Security Investigations, which includes Oklahoma. “The HSI-led Document and Benefit Fraud Task Forces nationwide investigate the individuals and organizations who try to reap illegal profits by producing and distributing fraudulent documents.”
U.S. District Judge John E. Dowdell set sentencing for Feb. 10, 2020.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Richard M. Cella is prosecuting the case.
Two Huntington Men Sentenced to Five Years in Prison for Federal Drug CrimesRead the Press Release
HUNTINGTON, W.Va. – In two separate cases, Huntington men were sentenced to five years in prison for federal drug crimes, announced United States Attorney Mike Stuart.
“Week after week we are sending heroin and fentanyl dealers to federal prison,” said United States Attorney Mike Stuart. “When I took office, I promised to get poison peddlers off of our streets and lock them up, and that’s exactly what we’re doing.”
George Gordon, 46, was sentenced for possession with intent to distribute 40 grams or more of fentanyl. Gordon previously admitted that on December 19, 2018, officers with the Huntington Police Department executed a search warrant at Gordon’s residence at 416 30th Street in Huntington. Officers recovered 67 grams of fentanyl from a jar in the kitchen. The Huntington Police Department conducted the investigation. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
David Bond, 38, previously pled guilty to two counts of possession with intent to distribute heroin and one count of possession with intent to distribute fentanyl. On three separate occasions between February 7, 2018, and February 20, 2018, Bond sold heroin and what he believed to be heroin, but in fact turned out to be fentanyl, to a confidential informant working with the DEA/HIDTA Task Force. The drugs sold on these dates were tested by the DEA Lab and confirmed to be heroin and fentanyl. The DEA/AHIDTA Task Force conducted the investigation. Assistant United States Attorney Ryan A. Keefe handled the prosecution.
United States District Judge Robert C. Chambers imposed the sentences.
These cases are being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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Texas Man Sentenced to 7 Years in Federal Prison for Being A Felon in Possession of A FirearmRead the Press Release
Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that James Elmer Sneed IV, age 35, was sentenced last week to 84 months in federal prison followed by three years of supervised release for one count of being a Felon in Possession of a Firearm. The Honorable Susan O. Hickey presided over the sentencing hearing in the United States District Court in Hot Springs.
According to court records, during the course of drug investigations in Clark County, Arkansas, in 2018, investigators of the Group 6 Narcotics Enforcement Unit received information that Sneed was involved in drug trafficking. Sneed is a convicted felon who investigators learned was wanted in Texas for parole violations. Group 6 was also warned that Sneed was in possession of multiple firearms and a bulletproof vest. In February 2018, while attempting to locate and arrest Sneed, investigators executed a search warrant at a residence in Caddo Valley, Arkansas. Sneed was found in a bedroom inside. Within Sneed’s reach were a stolen AR-15, a loaded .380 caliber pistol, and evidence of drug distribution. In the residence, Group 6 investigators also found and seized two rifle magazines holding .223 caliber ammunition, a bulletproof vest, and several thousand dollars in cash.
Sneed was indicted by a federal grand jury in September 2018, and he entered a guilty plea in April 2019.
This case was investigated by Group 6 Narcotics Enforcement Unit and the FBI. Assistant United States Attorney Graham Jones prosecuted the case for the United States.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
Texas Man Charged with Kidnapping and Stalking Appears in Massachusetts Federal CourtRead the Press Release
BOSTON – A Texas man arrested and charged in September 2019, made his first appearance in federal court in Springfield today for kidnapping and stalking.
Sunil K. Akula, 30, was arraigned in federal court in Springfield today on charges of kidnapping and stalking. Akula was detained and transported to the District of Massachusetts after being arrested on Sept. 27, 2019.
According to charging documents, on Aug. 6, 2019, Akula traveled from his home in Texas to Agawam, Mass. to confront his wife, from whom he was living apart. A couple of days later, he physically assaulted his wife and forced her to leave her apartment, stating that he was taking her back to Texas. Akula held his wife’s phone, wallet, and computer, and forced her into his car with only the clothes she was wearing.
Akula allegedly then drove his wife south through many states, during which time he again assaulted her, forced her to send a resignation e-mail to her employer, and smashed her laptop and threw it on the side of the highway. Akula stopped at a Knox County, Tenn. hotel, where he again beat his wife. When Akula could not quiet his wife or stop her from crying loudly, Akula opened the door to leave the hotel room, where he was met and arrested by officers of the Knox County Sheriff’s Office.
The charge of kidnapping provides for a sentence of up to life prison, five years of supervised release and a fine of up to $250,000. The charge of stalking provides for a sentence of up to five years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Chicopee Police Chief William R. Jebb; Agawam Police Chief Eric Gillis; Knox County Sheriff Tom Spangler; and Plano (Texas) Interim Police Chief Dan Curtis made the announcement today. Assistant U.S. Attorney Deepika Bains Shukla, Chief of Lelling’s Springfield Branch Office, is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Statement by United States Attorney William M. McSwain on the Shootings of 11 Month-Old Yazeem Jenkins and Two Year-Old Nikolette Rivera in PhiladelphiaRead the Press Release
Philadelphians are shocked and outraged by two recent shootings of the most innocent among us: 11 month-old Yazeem Jenkins, who was shot four times on October 19 in Hunting Park while in a car with his father and stepmother, and two year-old Nikolette Rivera, who was shot in the head the next day while in her mother’s arms in her living room in Kensington. Nikolette has been buried and Yazeem is fighting for his life at Children’s Hospital.
The community is united in its condemnation of these heinous acts – but we must be honest about what enabled them to happen. It is the misguided policies of Philadelphia District Attorney Larry Krasner that led to these avoidable and heartbreaking tragedies. No amount of excuses or deflection can change this fact.
Francisco Ortiz has been charged with the attempted murder of Yazeem, and he is also alleged to have supplied one of the weapons that was used in the attack on Nikolette’s family. Ortiz never should have been on the street to begin with. He has a long rap sheet, which includes serving ten years in prison on gun charges. He finished serving that sentence in April and was released. Within three months of his release, he was arrested again in July on gun charges and his bail was originally set at $100,000. He was held for trial after a preliminary hearing, at which point his attorney asked for reduced bail.
That was the point at which a responsible prosecutor would have stepped in and fought tooth and nail against any reduction in bail. In fact, a responsible prosecutor would have asked for an increase in bail after the preliminary hearing, which had established probable cause for the crimes.
Krasner, however, is anything but a responsible prosecutor. Instead, he is a defense-oriented ideologue who is more interested in looking out for the likes of Francisco Ortiz than he is in protecting public safety. So his office consented to the court slashing Ortiz’s bail in half. At which point Ortiz made bail, was released, and returned to his life of crime. Soon, Nikolette would be dead and Yazeem would be clinging to life. For good measure, Ortiz is also a prime suspect in a September homicide in the City’s Lawncrest section.
It is not the job of the District Attorney to give Francisco Ortiz a helping hand. It is the job of the District Attorney to pursue justice and prosecute dangerous, violent felons like Ortiz to the fullest extent of the law.
There are real-world consequences to having a District Attorney who cares more about defendants than he does about victims and public safety. When it comes to dealing with violent criminals, the public doesn’t need a prosecutor whose overarching principle is decarceration. It needs robust enforcement of our criminal laws. That is what will make a difference in our community – and that is what Nikolette and Yazeem and their families deserve.
Southern Colorado Man Charged with Federal Hate Crime for Plotting to Blow up SynagogueRead the Press Release
Assistant Attorney General Eric Dreiband for the Civil Rights Division and Assistant Attorney General John C. Demers for the National Security Division, U.S. Attorney Jason R. Dunn for the District of Colorado, and Special Agent in Charge Dean Phillips for the FBI Denver Division announced today that a Colorado man has been charged with a federal hate crime for plotting to blow up the Temple Emanuel Synagogue in Pueblo, Colorado.
Richard Holzer, 27, of Pueblo, Colorado, was charged by criminal complaint with intentionally attempting to obstruct persons in the enjoyment of their free exercise of religious beliefs, through force and the attempted use of explosives and fire, in violation of Title 18, United States Code, Section 247.
According to the affidavit in support of the criminal complaint, Holzer planned to destroy Temple Emanuel, a synagogue in Pueblo, Colorado, that is listed on the National Register of Historic Places. After visiting Temple Emanuel and observing Jewish congregants, Holzer, who self-identifies as a skinhead and a white supremacist, told undercover FBI agents that he wanted to do something that would tell Jewish people in the community that they are not welcome in Pueblo, and they should leave or they will die. The affidavit states that during a meeting with the undercover agents, Holzer repeatedly expressed his hatred of Jewish people and his support for RAHOWA, shorthand for a racial holy war. Holzer went on to suggest using explosive devices to destroy the Synagogue and “get that place off the map.” The affidavit notes that Holzer’s actions meet the federal definition of domestic terrorism in that his actions involve criminal acts dangerous to human life that are intended to intimidate or coerce a civilian population.
Holzer allegedly met with undercover agents posing as fellow white supremacists to discuss a plan to attack Temple Emanuel, then visited the Synagogue together. The affidavit alleges that Holzer then made additional trips on his own to inspect the Synagogue and coordinated with undercover agents to obtain explosives.
On the evening of Nov. 1, 2019, Holzer allegedly met with undercover agents, who provided Holzer with inert explosive devices that had been fabricated by the FBI, including two pipe bombs and 14 sticks of dynamite. According to the affidavit, Holzer planned to detonate the explosives several hours later, in the early hours of Saturday morning, Nov. 2, 2019.
Assistant United States Attorney Julia Martinez and Trial Attorney Michael J. Songer of the Civil Rights Division are prosecuting the case, with assistance from Counterterrorism Section Trial Attorney Erin Creegan of the Justice Department’s National Security Division. The FBI conducted the investigation with the assistance of the Pueblo Police Department and Pueblo County Sheriff’s Office.
Holzer is currently in federal custody. He faces a maximum penalty of 20 years in prison if convicted.
The charge in the complaint is merely an allegation and the defendant is presumed innocent unless proven guilty in a court of law.
Southern Colorado Man Charged with Federal Hate Crime for Plotting to Blow up SynagogueRead the Press Release
WASHINGTON –Assistant Attorney General Eric Dreiband for the Civil Rights Division and Assistant Attorney General John C. Demers for the National Security Division, U.S. Attorney Jason R. Dunn for the District of Colorado, and Special Agent in Charge Dean Phillips for the FBI Denver Division announced today that a Colorado man has been charged with a federal hate crime for plotting to blow up the Temple Emanuel Synagogue in Pueblo, Colorado.
Richard Holzer, 27, of Pueblo, Colorado, was charged by criminal complaint with intentionally attempting to obstruct persons in the enjoyment of their free exercise of religious beliefs, through force and the attempted use of explosives and fire, in violation of Title 18, United States Code, Section 247.
According to the affidavit in support of the criminal complaint, Holzer planned to destroy Temple Emanuel, a synagogue in Pueblo, Colorado, that is listed on the National Register of Historic Places. After visiting Temple Emanuel and observing Jewish congregants, Holzer, who self-identifies as a skinhead and a white supremacist, told undercover FBI agents that he wanted to do something that would tell Jewish people in the community that they are not welcome in Pueblo, and they should leave or they will die. The affidavit states that during a meeting with the undercover agents, Holzer repeatedly expressed his hatred of Jewish people and his support for RAHOWA, shorthand for a racial holy war. Holzer went on to suggest using explosive devices to destroy the Synagogue and “get that place off the map.” The affidavit notes that Holzer’s actions meet the federal definition of domestic terrorism in that his actions involve criminal acts dangerous to human life that are intended to intimidate or coerce a civilian population.
Holzer allegedly met with undercover agents posing as fellow white supremacists to discuss a plan to attack Temple Emanuel, then visited the Synagogue together. The affidavit alleges that Holzer then made additional trips on his own to inspect the Synagogue and coordinated with undercover agents to obtain explosives.
On the evening of Nov. 1, 2019, Holzer allegedly met with undercover agents, who provided Holzer with inert explosive devices that had been fabricated by the FBI, including two pipe bombs and 14 sticks of dynamite. According to the affidavit, Holzer planned to detonate the explosives several hours later, in the early hours of Saturday morning, Nov. 2, 2019.
Assistant United States Attorney Julia Martinez and Trial Attorney Michael J. Songer of the Civil Rights Division are prosecuting the case, with assistance from Counterterrorism Section Trial Attorney Erin Creegan of the Justice Department’s National Security Division. The FBI conducted the investigation with the assistance of the Pueblo Police Department and Pueblo County Sheriff’s Office.
Holzer is currently in federal custody. He faces a maximum penalty of 20 years in prison if convicted.
The charge in the complaint is merely an allegation and the defendant is presumed innocent unless proven guilty in a court of law.
Ross Twp. Man Illegally Used the Internet and His Cell Phone in an Attempt to Meet a 14-Year-Old Boy for SexRead the Press Release
PITTSBURGH - A resident of Ross Township, pleaded guilty in federal court to a charge of Attempted Coercion and Enticement of a Minor to Engage in Illegal Sexual Activity, United States Attorney Scott W. Brady announced today.
Thomas Perry Stultz, age 37, pleaded guilty to one count before Senior United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that from February 6, 2019 until on or about April 5, 2019, Stultz used a facility or means of interstate commerce, specifically the Internet and over a cellular phone network, to communicate with an undercover agent, believing the agent to be a minor, to knowingly attempt to persuade, induce, entice and coerce the purported minor to engage in illegal sexual activity with him. Stultz believed the undercover agent to be a 14-year-old boy and, through his Internet and text communications, attempted to persuade the minor to meet him to engage in illegal sexual activity. Stultz made several arrangements to meet with the purported minor that fell through. Each time, Stultz reinitiated contact with the undercover agent. During one conversation, Stultz reassured the purported minor, texting: "This isn’t pretend at all. I’m actually very interested in meeting you." On April 5, 2019, through text messages, Stultz made plans to meet with the purported minor. The plan was to go back to Stultz’s residence to engage in sexual activity. Law enforcement arrested Stultz as he arrived at the predetermined meeting location.
Judge Schwab scheduled sentencing for March 30, 2019. The law provides for a total sentence of life in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court revoked defendant’s bond.
Assistant United States Attorney Heidi M. Grogan is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Stultz.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Rochester Housing Authority Employee Charged with Defrauding Rochester Housing Charities and ObstructionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a Janis White, 58, of Rochester, NY, was charged by criminal complaint with defrauding and conspiring to defraud the Rochester Housing Charities and with obstructing the government’s investigation. Each charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, the defendant is the Executive Secretary for the Director of the Rochester Housing Authority (RHA) and the previous Board Secretary for the Rochester Housing Charities (RHC). Previously, White also acted as a bookkeeper for RHC and recorded the minutes for the RHC board meetings.
The RHA, which has an annual contract with the United States Department of Housing and Urban Development, provides housing opportunities and services for the Rochester community. The RHA formed the RHC to assist in advancing the purposes of the RHA.
HJJ Property Development (HJJ Property) was a business started on March 9, 2018, with an address of 21 Bock Street in Rochester. The business is owned by Margaret and Howard Jones Jr., the defendant’s mother and stepfather, but White actually controlled HJJ Property.
According to the complaint, White, on behalf of HJJ Property, billed the RHC for worked never performed by HJJ Property. The defendant submitted false invoices on behalf of HJJ Property totaling approximately $87,069.00.
White is alleged to have prepared a fraudulent invoice from HJJ Property addressed to the RHC which made it appear that HJJ Property had provided services to the RHC. Despite HJJ Property providing no services to the RHC, the defendant caused the RHC to pay HJJ Property the amount contained on the fraudulent invoice.On other occasions, a contractor would provide the RHC with an estimate for services to be performed for the RHC. Both the person who approved the hiring of vendors for the RHC (RHC Agent) and the defendant would receive a copy of the invoice. White would then prepare a fraudulent invoice from HJJ Property addressed to the RHC, which made it falsely appear that HJJ Property would be providing the services to the RHC that were actually going to be performed by the contractor. The amount requested to be paid on the HJJ Property fraudulent invoice would be more than what the contractor had originally requested for such services. The defendant or the RHC Agent would then email HJJ Property’s fraudulent invoice to an RHC employee who would submit the invoice for payment to the RHC. The RHC Agent would authorize the RHC to pay HJJ Property the fraudulent amount. White, on behalf of HJJ Property, would then provide a cashier’s check made payable to the contractor in the amount that the contractor had originally estimated and requested for the services it performed for the RHC. The difference between what the RHC paid HJJ Property and what HJJ Property paid the contractor, was the amount that the defendant and others caused the RHC fraudulently to overpay. Between March and July 2018, that amount was approximately $48,698.00.
On December 14, 2018, HJJ Property was served a Federal Grand Jury subpoena requesting any and all records related to HJJ Property and any work HJJ Property purportedly performed on behalf of the RHC. On February 7, 2019, HJJ Property provided its response to the subpoena. Included in that response were three fraudulent documents which purported to be satisfaction surveys signed by various tenants from three apartment complexes owned by the RHC, pertaining to work performed at such sites by HJJ Property. Also included in the subpoena response was a fraudulent invoice. The surveys and invoice were fraudulent in that they were prepared after the subpoena was served on HJJ Property and were produced in response to the subpoena to make it appear to investigators that HJJ Property was a legitimate company which had performed services for the RHC.
“Janice White is the third defendant to be charged with scheming to defraud the Rochester Housing Authority and related organizations,” stated U.S. Attorney Kennedy. “The very purpose of a housing agency, funded with federal dollars, is to provide a stable housing environment for those in our community who need assistance. When individuals entrusted to operate and run such an agency divert funds away from the laudable purposes for which such monies were earmarked and into their own pockets, the entire community is forced to pay a heavy price. This prosecution demonstrates the commitment that my Office has to rooting out corruption, to eliminating those who place their own interests before those of the public whom they are supposed to serve, and, in the process, to restoring the public trust.”
Charges remain pending against George Moses, former Chairman of the Board of Commissioners of the Rochester Housing Authority. Former Rochester City Councilman Adam McFadden pleaded guilty to wire fraud and filing a false tax return for his role in scheming to defraud the Rochester Housing Authority, and is awaiting sentencing.
White made an initial appearance this morning before U.S. Magistrate Judge Marian W. Payson and was released.
The complaint is the result of an investigation by the Federal Bureau of Investigation, Rochester Office, under the direction of Special Agent-in-Charge Gary Loeffert; the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary; and the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Pella Man Sentenced to Prison for Multi-Million Dollar Fraud SchemeRead the Press Release
DES MOINES, IA – On November 1, 2019, Mark Alan Blankespoor, of Pella, Iowa, was sentenced to 80 months in prison by United States District Court Judge Rebecca Goodgame Ebinger for wire fraud, announced United States Attorney Marc Krickbaum. Blankespoor was ordered by the Court to serve three years of supervised release to follow his prison term. Additionally, he must pay $8,464,103 in restitution to over 100 victims.
The defendant pleaded guilty to wire fraud in June of 2019. According to court documents, Blankespoor was a health coach and consultant in Pella. He represented to others he was involved in developing medically-oriented gyms and licensed the program to fitness clinics across the United States. For more than four years, Blankespoor represented to investors they had an opportunity to make money by investing in the medically-oriented gym concept. At least 100 investors provided Blankespoor with approximately $15 million in investment funds. Blankespoor admitted he used the investors’ money for unauthorized purposes that were not for the benefit of the affected investors. Blankespoor used the investor money, unbeknownst to them, for his personal expenses and paying other investors to further the scheme.
The Federal Bureau of Investigation investigated this matter. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Pasco Man Pleads Guilty to Causing Series of Overdoses While Incarcerated at the Pasco County JailRead the Press Release
Tampa, Florida –Timothy CathCart (33, Pasco County) has pleaded guilty to conspiracy to distribute and possession with the intent to distribute a mixture and substance containing detectable amounts of fentanyl and norfentanyl, the use of which resulted in serious bodily injury to three individuals. CathCart faces a minimum mandatory penalty of 20 years, and up to life, in federal prison. A sentencing date has not yet been set.
According to the
plea agreement , CathCart was part of a drug trafficking organization (DTO) that conspired to distribute fentanyl and methamphetamine throughout the Middle District of Florida. In January 2019, CathCart was arrested for a traffic violation in Pasco County. Moments before his arrest, CathCart concealed approximately seven grams of fentanyl, which he had mixed with seven grams of gabapentin and methamphetamine. CathCart then smuggled the controlled substances into the Pasco County Jail.Between January 24 and January 25, 2019, CathCart distributed the fentanyl that he had smuggled into the jail to three inmates. All three inmates lost consciousness, overdosed, and suffered serious bodily injury. Deputies from Pasco County and emergency personnel successfully revived all three victims.
This case was investigated by the Drug Enforcement Administration and the Pasco Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Diego F. Novaes.
North Texas Strike Force Arrests 10 Defendants Related to Collin County Overdose DeathRead the Press Release
SHERMAN, Texas - U.S. Attorney Joseph D. Brown announced today that 10 individuals have been arrested following a lengthy investigation into drug trafficking in the Eastern District of Texas.
On Oct. 30, 2019, a combined task force of federal, state and local law enforcement executed federal arrest warrants as the result of an Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force investigation in the North Texas Area. The investigation came about as a result of a Fairview, Texas overdose death in December, 2018.
The defendants are charged in the seven-count indictment with possession with intent to distribute and distribution of controlled substances resulting in death and aiding and abetting; conspiracy to distribute and possession with intent to distribute a controlled substance; accessory after the fact; misprision of a felony; possession with intent to distribute and distribution of controlled substances and aiding and abetting; possession of a firearm in furtherance of a drug trafficking crime; possession of a firearm in furtherance of a drug trafficking crime; and possession of a firearm in furtherance of a drug trafficking crime. Those arrested and named in the indictment are:
Gary Collin Bussell, 50, of Dallas; Ben Westin, 28, of Carrollton, Texas; Scott Perras, 27, of McKinney, Texas; Frank Eric Dockery, 45, of Blue Ridge, Texas; William Grant Allbrook, 32, of The Colony, Texas; Austin Seymour, 24, of Dallas; Lisa Young, 32, of Dallas; George Wagner, III, 46, of Garland, Texas; Gina Corwin, 51, of Dallas; and
Todd Shewmake, 34, of McKinney, Texas.The defendants made initial appearances last week.
This prosecution was brought as a part of the Department of Justice’s OCDETF Co-located Strike Forces Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations against a continuum of priority targets and their affiliate illicit financial networks. These prosecutor-led co-located Strike Forces capitalize on the synergy created through the long-term relationships that can be forged by agents, analysts, and prosecutors who remain together over time, and they epitomize the model that has proven most effective in combating organized crime. The specific mission of the North Texas Strike Force is to target the region’s largest threats, with particular emphasis on heroin and synthetic opioids trafficking.
OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
This case is being investigated by the North Texas Strike Force. Strike Force members are the U.S. Drug Enforcement Administration; U.S. Federal Bureau of Investigation; U.S. Marshals Service; U.S. Internal Revenue Service – Criminal Investigations Division; U.S. Postal Inspection Service; Dallas Police Department; Garland Police Department; Grand Prairie Police Department; Grapevine Police Department; Lancaster Police Department; Plano Police Department; Sherman Police Department; and Texas Department of Public Safety. This case is being prosecuted by Assistant U.S. Attorney Jay R. Combs.
An indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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New York Man Sentenced to 120 Months for Methamphetamine TraffickingRead the Press Release
CONCORD - Edwin Martinez-Guzman, 37, of New York, was sentenced in federal court to 120 months in prison for possession of methamphetamine with intent to distribute, United States Attorney Scott W. Murray announced.
According to court documents and statements made in court, after law enforcement officers learned that Martinez-Guzman was preparing to conduct a drug transaction, they approached him in a parking lot in Manchester on November 28, 2018. Martinez-Guzman was arrested with over 150 grams of pure methamphetamine.
Martinez-Guzman previously pleaded guilty on June 12, 2019.
“Interstate drug traffickers have caused tremendous damage to the quality of life in New Hampshire,” said U.S. Attorney Murray. “In order to ensure the safety of our citizens, we work closely with our law enforcement partners to identify, prosecute, and incarcerate those who bring dangerous drugs into the Granite State. Drug dealers should understand that if they sell methamphetamine in New Hampshire, they will find themselves in federal prison.”
“Today’s sentence not only holds Mr. Martinez-Guzman accountable for his crimes but serves as a warning to those traffickers who are coming from out of state to distribute methamphetamine,” said DEA Special Agent in Charge Brian D. Boyle. “DEA and its local, state and federal law enforcement partners will do everything in our power to keep this highly addictive drug out of the Granite State.”
This matter was investigated by the Drug Enforcement Administration. The case was prosecuted by Assistant U.S. Attorney Anna Krasinski.
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Nassau County Man Who Traded Methamphetamine for Guns Sentenced to 10 Years in Federal PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard today sentenced Richard Earl Carroll (55, Hilliard) to 10 years in federal prison for conspiring to distribute 500 grams or more of methamphetamine.
Carroll had pleaded guilty on July 26, 2019.
According to court documents, multiple witnesses identified Carroll as a methamphetamine supplier in Nassau County. During the execution of two separate search warrants at Carroll’s home, state and federal law enforcement officers seized methamphetamine, assorted prescription pills (including hydrocodone and Xanax), marijuana plants and baggies containing marijuana, and 24 firearms. During a post-arrest interview, Carroll admitted to obtaining more than 500 grams of methamphetamine from a source to sell to his customers. He also admitted that, at times, he traded the drugs to his customers for firearms.
Carroll’s sentencing follows a series of related state and federal drug prosecutions involving the distribution of methamphetamine, including Billy Crayton Skinner (43, Hilliard) – sentenced to 37 months in federal prison on September 9, 2019; and Thomas A. Crews (45, Hilliard) – sentenced to 29 months in federal prison in 2017.
This case was investigated by the Nassau County Sherriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Michael J. Coolican.
Nashua Man Pleads Guilty to Fentanyl TraffickingRead the Press Release
CONCORD- Brian Boucher, 41, of Nashua, pleaded guilty in federal court on November 1, 2019, to distributing fentanyl, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on four separate occasions in February and March, 2019, Mr. Boucher sold fentanyl to an individual who was cooperating with Nashua Police detectives. He was arrested on March 8, 2019.
Boucher is scheduled to be sentenced on February 14, 2020.
“The distribution of fentanyl continues to be a menace to the citizens of New Hampshire,” said U.S. Attorney Murray. “In order to address this threat, we are working closely with our law enforcement partners to identify and prosecute those who are distributing this deadly drug in the Granite State.”
This matter was investigated by the Nashua Police Department. The case is being prosecuted by Assistant U.S. Attorney Joachim Barth.
This case is part of Operation Synthetic Opioid Surge (S.O.S.). In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts. The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids. In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua.
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Monongalia County physician sentenced for drug chargeRead the Press Release
CLARKSBURG – Chad Poage, a Morgantown, West Virginia, physician, was sentenced today to five years’ probation and ordered to complete 500 hours of community service for obtaining controlled substances by fraudulently writing prescriptions using colleagues’ Drug Enforcement Administration (DEA) numbers and presenting stolen driver’s licenses to pick up fraudulently prescribed controlled substances from Morgantown area pharmacies for his personal use, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Bill Powell of the Northern District of West Virginia.
Poage, D.O., age 35, pleaded guilty to one count of “Acquiring or Obtaining Possession of a Controlled Substance by Misrepresentation, Fraud, Forgery, Deception or Subterfuge” in May 2019.Poage was an orthopedic surgeon who worked in a practice with locations in Morgantown and Fairmont, West Virginia. As part of his guilty plea, he admitted that, from November 2015 to March 2018, he wrote 30 fraudulent prescriptions for a total of approximately 1,330 50-milligram tablets of Tramadol, 420 5-milligram tablets of Diazepam, and 50 30-milligram tablets of acetaminophen-codeine no. 3, all for his own use. Poage further admitted that on each of the 30 prescriptions, he either wrote colleagues’ DEA registration numbers without their authorization or wrote the prescription out to a patient knowing that he would pick up the prescribed medication for his own use. Poage admitted that on multiple occasions, he presented stolen driver’s licenses when picking up fraudulent prescriptions from pharmacies.
“Physicians who breach the trust given them often find themselves on the wrong side of the law. Professionals are not immune from the power of addiction. This case provides a sad but powerful commentary on the depth of our opioid crisis. We thank our partners in the Health Care Fraud Unit of the Department of Justice, along with our law enforcement partners for the important work being done in this district,” said Powell.
The DEA, the U.S. Department of Health and Human Services Office of Inspector General and West Virginia State Police investigated the case, which was brought as part of the Appalachian Regional Prescription Opioid (ARPO) Strike Force, under supervision by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Northern District of West Virginia. Trial Attorney Patrick Mott of the Fraud Section and Assistant U.S. Attorney Sarah E. Wagner of the Northern District of West Virginia prosecuted the case.
The ARPO Strike Force is made up of prosecutors and data analysts with the Health Care Fraud Unit of the Criminal Division’s Fraud Section, prosecutors with the U.S. Attorney’s Offices in the region and special agents with the FBI, HHS-OIG and DEA. Since its inception in October 2018, the ARPO Strike Force has charged 60 defendants in 11 districts. The Health Care Fraud Unit, in general, maintains 14 strike forces operating in 23 districts, and has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
U.S. District Judge Thomas S. Kleeh presided.
Money Laundering Conspirators Sentenced to PrisonRead the Press Release
CAMDEN, N.J. – A McKinney, Texas, man was sentenced today to 15 months in prison for conspiring to launder $200,000, which he believed was derived from the sale of narcotics, U.S. Attorney Craig Carpenito announced.
John Eckerd, 55, previously pleaded guilty before U.S. District Court Judge Renee Marie Bumb to an information charging him with one count of conspiracy to launder money. Judge Bumb imposed the sentence today in Camden federal court.
Eckerd’s conspirator, Anthony Romano, 53, of Springfield, New Jersey, was sentenced by Judge Bumb on Sept. 26, 2019, to 54 months in prison for his role in conspiring to launder over $590,000 in United States currency.
According to documents filed in this case and statements made in court:
Between September 2017 and December 2017, Romano engaged in 10 separate money laundering transactions with an undercover agent. The agent and Romano met at various locations in Atlantic County, New Jersey, to discuss ways to conceal the origin of the money and to exchange the cash. Romano received bags of cash ranging in amounts of $10,000 to $60,000. The undercover agent represented to both Romano and Eckerd that the cash was derived from selling drugs on behalf of a South American drug cartel.
In exchange for the cash, Romano provided the agent with various business checks, less a fee that Romano charged for performing the illegal transaction. Several business checks were from shell companies that Romano formed in order to conceal and disguise the nature of the transaction.
Twenty days after Romano’s initial meeting with the undercover agent, Romano spoke to the agent about laundering larger sums of cash through an associate – Eckerd – in Texas. At the time, Eckerd was allegedly building a high-end underground residential bunker development outside of Dallas. The development project was marketed as a five-star doomsday escape for the wealthy with DEFCON 1 preparedness and allegedly capable of withstanding catastrophic events ranging from viral epidemics to nuclear war. Through this development project, it was represented to the undercover agent that Eckerd could launder larger amounts of cash without risking the scrutiny of law enforcement.
By January 2018, Romano and Eckerd were prepared to escalate the monetary amounts involved in the laundering activity. The first transaction of 2018 involving Romano, Eckerd and the undercover agent served as a test case to show the supposed members of the South American drug cartel that Romano and Eckerd could expeditiously launder larger sums of cash. In January 2018, the undercover agent handed Romano $100,000 in cash at a location in New Jersey. Instead of receiving a business check in return, the undercover agent agreed to receive the money, less the standard fee, in the form of a wire transaction originating from Eckerd.
The following month, the undercover agent met with Romano and Eckerd in Texas to engage in a second test case. The day after driving out to the site of the development project, the undercover agent turned over a backpack containing $100,000 in cash to Romano and Eckerd. In exchange, Eckerd handed the undercover agent a check, less their standard fee for laundering the alleged narcotics proceeds.
In addition to pleading guilty to the conspiracy to launder money charge, Romano also admitted his participation in planning a robbery of The Pawn Shop in Union, New Jersey on April 19, 2014. Romano acknowledged knowing that his conspirators in that case had access to a firearm when they committed the robbery.
In addition to the prison term, Judge Bumb sentenced Eckerd and Romano each 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 detectives from the Union County Prosecutor’s Office, under the direction of Acting Prosecutor Lyndsay V. Ruotolo, with the investigation leading to the sentencings.
The government is represented by Assistant U.S. Attorney Mary E. Toscano, Deputy Chief of the Criminal Division, and Assistant U.S. Attorney Thomas S. Kearney of the U.S Attorney’s Office Criminal Division in Newark.
Mineral County man sentenced for role in a drug distribution operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Nathan E. Carpenter, of Elk Garden, West Virginia, was sentenced today to 234 months incarceration for his involvement in a drug distribution conspiracy, U.S. Attorney Bill Powell announced.
Carpenter, age 29, pled guilty to one count of “Conspiracy to Distribute Methamphetamine” in April 2019. Carpenter admitted to working with others to distribute methamphetamine from August 2017 to June 2018 in Mineral, Hardy, and Hampshire Counties and elsewhere.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, The West Virginia State Police, and the Potomac Highlands Drug & Violent Crimes Task Force investigated.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Chief U.S. District Judge Gina M. Groh presided.
Memphis Man Sentenced to 141 Months in Federal Prison for Armed Business RobberyRead the Press Release
Memphis, TN –Demarius Jones, 39, has been sentenced to 141 months in federal prison for committing robbery affecting interstate commerce and using, carrying and brandishing a firearm during and in relation to a crime of violence. D. Michael Dunavant, U.S. Attorney announced the sentence today.
According to information presented in court, on May 31, 2018, at 5:00pm, Jones entered O’Reilly Auto Parts on Lamar Ave., pretending to be a customer. Jones asked the store clerk for a brake caliper and rotors for a Dodge Avenger. When the clerk produced the parts, Jones tried to forcibly take the items without paying. He struggled with the employee and ran out of the store empty handed.
On the same day, about two hours later, Jones returned to the same O'Reilly Auto Parts location, this time armed with a firearm. Jones pointed the gun at the store employees and demanded cash from the registers as well as the brake caliper and rotors he attempted to steal earlier. In total, Jones received $569.55 in cash and auto parts. The robbery was captured on video surveillance.
On November 1, 2019, U.S. District Court Judge Mark S. Norris sentenced Jones to 141 months in federal prison followed by 3 years supervised release. Jones previously pled guilty in federal court to both counts on July 30, 2019. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said: "Business owners have a fundamental right to be safe from armed robbers who terrorize our communities with their lawlessness. The senselessness of gun violence has a long lasting effect on victims of armed robbery, and we will no longer allow gun crime to rule our streets. This 11-year sentence sends a clear message that there will always be a reckoning, a real and significant consequence, for the commission of violent crimes."
This case was investigated by the FBI’s Safe Streets Task Force and the Memphis Police Department.
Assistant U.S. Attorney Raney Irwin prosecuted this case on behalf of the government.
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Mechanicsburg Man Charged with Product TamperingRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert K. Burns, age 58, of Mechanicsburg, Pennsylvania, was indicted on October 30, 2019, by a federal grand jury on consumer product tampering charges.
According to United States Attorney David J. Freed, the indictment alleges that Burns tampered and attempted to tamper with consumer products affecting interstate commerce, specifically Lansoprazole, with the labeling and container for such product by replacing the advertised product with other products not containing the active ingredient in the original product, between May and August 2019 in Cumberland County.
The case was investigated by the Silver Spring Township Police Department with assistance from the U.S. Food and Drug Administration, Office of Criminal Investigations. Assistant U.S. Attorney James T. Clancy is prosecuting the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for these offenses is 10 years in prison, a period of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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McKees Rocks Felon Sentenced to Prison for Illegally Possessing a FirearmRead the Press Release
PITTSBURGH – Dennis Cercone was sentenced to four years and nine months (57 months) in prison for possessing a firearm after prior felony convictions, United States Attorney Scott W. Brady announced today.
Cercone, age 33, of McKees Rocks, was sentenced by United States District Judge J. Nicholas Ranjan. Cercone was ordered to serve three years of supervised release following his prison sentence. The sentence was a result of Cercone’s arrest on October 13, 2018, by the McKees Rocks Police Department after he possessed and discharged a pistol inside a house in McKees Rocks. Cercone had prior state and federal gun and cocaine distribution felony convictions.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The McKees Rocks Police Department, the Drug Enforcement Administration, and the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation leading to the conviction and sentence in this case.
This case was prosecuted as part of Project Safe Neighborhoods (PSN) which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Maryland man sentenced to 10 years for child pornography chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Paul Glen Hamilton, Jr., of Bowie, Maryland and Melbourne, Florida, was sentenced today to 120 months incarceration for a child pornography charge, United States Attorney Bill Powell announced.
Hamilton, age 24, pled guilty to one-count indictment, charging him with of “Possession of Child Pornography” in July 2019. Hamilton admitted to having child pornography that was transported by computer in September 2018 in Berkeley County.
Hamilton met a 13-year-old West Virginia girl on the app “Live Me” in December 2017. He began grooming her, enticing her to send him inappropriate pictures and videos over several months. Hamilton then met the young girl in Bowie, Maryland, where he allegedly committed additional offenses. Hamilton also allegedly committed additional crimes against the child in Suffolk County, Virginia. Those alleged crimes are currently under investigation in those jurisdictions. The U.S. Attorney’s office is cooperating with law enforcement.
“The defendant committed heinous crimes against a child. His actions were reprehensible in every corner of a civilized world. The court’s maximum sentence, including a lifetime of supervised release after his prison term, is totally justified. Our children are our most precious resource and we must do everything we can to protect them,” said Powell.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the 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 identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney Kimberley D. Crockett prosecuted the case on behalf of the government. The Federal Bureau of Investigation and the Berkeley County Sheriff’s Office investigated.
Chief U.S. District Judge Gina M. Groh presided.
Martinsburg man sentenced for drug traffickingRead the Press Release
MARTINSBURG, WEST VIRGINIA – Levar Glenwood Crawford, of Martinsburg, West Virginia, was sentenced today to 51 months incarceration for distributing cocaine, U.S. Attorney Bill Powell announced.
Crawford, age 42, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Cocaine Base” in July 2019. Crawford admitted to working with another to distribute cocaine base in November 2018 in Berkeley County.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Chief U.S. District Judge Gina M. Groh presided.
Martinsburg man sentenced for drug traffickingRead the Press Release
MARTINSBURG, WEST VIRGINIA – Tywonne Crawford, of Martinsburg, West Virginia, was sentenced today to 48 months incarceration for distributing cocaine and heroin, U.S. Attorney Bill Powell announced.
Crawford, age 40, pled guilty to one count of “Conspiracy to Distribute Heroin and Cocaine Base” in July 2019. Crawford admitted to conspiring with others to distribute heroin and cocaine base from October to November 2018 in Berkeley County.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Chief U.S. District Judge Gina M. Groh presided.
Madera County Woman Sentenced to over 16 Years in Prison for Aiding and Abetting Production of Child PornographyRead the Press Release
A Madera County woman was sentenced today to 16 years and 8 months in prison, followed by 15 years of supervised release, for aiding and abetting the production of child pornography, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney McGregor W. Scott.
Ashley Maddox, 32, was sentenced by U.S. District Judge Dale A. Drozd, after pleading guilty on May 24 to one count of aiding and abetting the production of child pornography. Maddox came to the attention of law enforcement during an investigation of an offender in Fort Pierce, Florida. The investigation revealed that between Nov. 2015 and April 2016, Maddox had communicated with that offender, via the internet and on cellphone apps, about their mutual sexual interest in minors. Maddox requested that this individual send her images and video recordings in which he sexually abused a minor victim in his care. To encourage this individual to produce such images, Maddox requested that he commit specific acts, and indicated that the images she had received from him had aroused her. Maddox also created and sent him nude images of a minor to whom she had access.
This case is the product of an investigation by the Central California Internet Crimes Against Children (ICAC) task force, a federally and state-funded task force with agents from federal, state, and local agencies. The Central California ICAC investigates online child exploitation crimes, including child pornography, enticement, and sex trafficking. Homeland Security Investigations (HSI) agents in Fresno, California and Fort Pierce, Florida investigated this case. The Madera County Sheriff’s Office assisted early in the investigation. Trial Attorney Nadia C. Prinz of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney David L. Gappa of the Eastern District of California prosecuted the case.
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.
Louisiana felon guilty of gun violation in Corpus ChristiRead the Press Release
CORPUS CHRISTI, Texas – A 23-year-old resident of Louisiana has admitted he unlawfully possessed a firearm following a previous felony conviction, announced U.S. Attorney Ryan K. Patrick.
Blake Wain was previously convicted of multiple felony offenses out of Louisiana to include false imprisonment armed with a deadly weapon, conspiracy to commit robbery and possession with intent to distribute meth. Per federal law, he is prohibited from possession of a firearm due to these convictions.
Wain was on parole for these offenses July 12 when authorities found and arrested him for a violation of that parole. He was sitting in a vehicle’s passenger seat. At his feet was a Glock, model 33, .357 caliber semi-automatic pistol.
He admitted the weapon was his.
U.S. District Judge David Morales has set sentencing for Feb. 4, 2020. At that time, Wain faces a minimum of 15 years and up to life in federal prison.
Wain has been and will remain in custody pending that hearing.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Marshals Fugitive Task Force and Corpus Christi Police Department conducted the investigation. Assistant U.S. Attorney Sara Popejoy is prosecuting the case.
Los Angeles Man Pleads Guilty to Conspiring to Distribute Narcotics on AlphaBay, a Dark Web MarketplaceRead the Press Release
FRESNO, Calif. — Christopher Michael Barnes, 36, of Los Angeles, pleaded guilty today to conspiring to distribute narcotics, U.S. Attorney McGregor W. Scott announced.
According to court documents, Barnes distributed marijuana through the vendor account HumboldtFarms on the dark web marketplace AlphaBay from March 2015 through May 2017. HumboldtFarms was one of the largest vendors on AlphaBay, allegedly completing tens of thousands of orders for marijuana on the site to customers throughout the United States. Barnes’ co-conspirators, William James Farber, Bryan Anthony Lemons, Michael Angelo Palma, Richard Thomas Martinsen, and Faysal Alkhayat have all pleaded guilty in case 1:17‑cr‑188 LJO.
This case is the product of an investigation by Homeland Security Investigations (HSI), the U.S. Postal Inspection Service in Los Angeles, the Los Angeles Police Department, and the Bakersfield Police Department with assistance from the Los Angeles Joint Regional Intelligence Center. Assistant U.S. Attorneys Grant B. Rabenn and Ross Pearson are prosecuting the case.
Barnes is scheduled to be sentenced on January 27, 2020. Barnes faces a maximum statutory penalty of 20 years in prison and a $1 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Justice Department Resolves Disability Discrimination Lawsuit against the Housing Authority of the City of BridgeportRead the Press Release
WASHINGTON – The Justice Department announced today that it has reached a settlement with the Housing Authority of the City of Bridgeport, Connecticut (HACB), doing business as Park City Communities, to resolve allegations that the housing authority discriminated against persons with disabilities in violation of Section 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Act, and the Fair Housing Act.
The Consent Order, filed today in the U.S. District Court for the District of Connecticut, requires HACB to institute broad reforms to safeguard the rights of individuals with disabilities, including revising its policies and processes for handling reasonable accommodation requests and developing an inventory of accessible units for tenants with mobility, vision, and hearing-related disabilities. The settlement also requires HACB to pay $1,500,000 to those hurt by its discriminatory practices and a $25,000 civil penalty to the United States.
“This settlement will ensure that tenants with disabilities have the same opportunity to use and enjoy their homes as everyone else,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Individuals who seek reasonable accommodations from the Housing Authority of Bridgeport will now have access to a process that is easier to navigate, provides timely responses, and includes all of the protections afforded by federal civil rights laws. In addition, by bringing its housing inventory into compliance with accessibility requirements for tenants with mobility, vision, and hearing-related impairments, the Housing Authority will be better able to meet the needs of its residents and community.”
“Our public housing authorities should be in the business of making life easier for people with disabilities, not harder,” said U.S. Attorney John H. Durham of the District of Connecticut. “We are pleased with this settlement and consent order, and we remain committed to pursuing violations of the Americans with Disabilities Act and Fair Housing Act in Connecticut.”
HACB owns and manages more than 2,500 units of public housing and administers more than 2,800 vouchers under the U.S. Department of Housing and Urban Development’s (HUD’s) Section 8 Housing Choice Voucher program. The lawsuit arose from a compliance review initiated by HUD. After issuing a determination of noncompliance and attempting resolution, HUD referred the case to the Justice Department.
The complaint, filed on Nov. 15, 2017, alleged that HACB failed to properly process, decide, and fulfill requests for reasonable accommodations for tenants with disabilities. Federal law requires HACB to provide reasonable accommodations, such as physical modifications to public housing units, changes to program rules, or transfers to appropriate housing, when requested to meet a tenant or applicant’s disability-related needs. The complaint also alleged that HACB failed to provide a sufficient number of public housing units that are accessible to tenants with mobility, vision, or hearing-related disabilities.
Individuals who may have been victims of discrimination by HACB or who have information relevant to this case are encouraged to contact the Civil Rights Division at 1-800-896-7743 (for English, press 1, then mailbox 992; for Spanish, press 2, then mailbox 2) or by email at [email protected]. More information about the Civil Rights Division and the civil rights laws it enforces is available at www.justice.gov/crt.
Justice Department Resolves Disability Discrimination Lawsuit Against the Housing Authority of the City of Bridgeport, ConnecticutRead the Press Release
The Justice Department announced today that it has reached a settlement with the Housing Authority of the City of Bridgeport, Connecticut (HACB), doing business as Park City Communities, to resolve allegations that the housing authority discriminated against persons with disabilities in violation of Section 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Act, and the Fair Housing Act.
The Consent Order, filed today in the U.S. District Court for the District of Connecticut, requires HACB to institute broad reforms to safeguard the rights of individuals with disabilities, including revising its policies and processes for handling reasonable accommodation requests and developing an inventory of accessible units for tenants with mobility, vision, and hearing-related disabilities. The settlement also requires HACB to pay $1,500,000 to those hurt by its discriminatory practices and a $25,000 civil penalty to the United States.
“This settlement will ensure that tenants with disabilities have the same opportunity to use and enjoy their homes as everyone else,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Individuals who seek reasonable accommodations from the Housing Authority of Bridgeport will now have access to a process that is easier to navigate, provides timely responses, and includes all of the protections afforded by federal civil rights laws. In addition, by bringing its housing inventory into compliance with accessibility requirements for tenants with mobility, vision, and hearing-related impairments, the Housing Authority will be better able to meet the needs of its residents and community.”
“Our public housing authorities should be in the business of making life easier for people with disabilities, not harder,” said U.S. Attorney John H. Durham of the District of Connecticut. “We are pleased with this settlement and consent order, and we remain committed to pursuing violations of the Americans with Disabilities Act and Fair Housing Act in Connecticut.”
HACB owns and manages more than 2,500 units of public housing and administers more than 2,800 vouchers under the U.S. Department of Housing and Urban Development’s (HUD’s) Section 8 Housing Choice Voucher program. The lawsuit arose from a compliance review initiated by HUD. After issuing a determination of noncompliance and attempting resolution, HUD referred the case to the Justice Department.
The complaint, filed on Nov. 15, 2017, alleged that HACB failed to properly process, decide, and fulfill requests for reasonable accommodations for tenants with disabilities. Federal law requires HACB to provide reasonable accommodations, such as physical modifications to public housing units, changes to program rules, or transfers to appropriate housing, when requested to meet a tenant or applicant’s disability-related needs. The complaint also alleged that HACB failed to provide a sufficient number of public housing units that are accessible to tenants with mobility, vision, or hearing-related disabilities.
Individuals who may have been victims of discrimination by HACB or who have information relevant to this case are encouraged to contact the Civil Rights Division at 1-800-896-7743 (for English, press 1, then mailbox 992; for Spanish, press 2, then mailbox 2) or by email at [email protected]. More information about the Civil Rights Division and the civil rights laws it enforces is available at www.justice.gov/crt
Jackson Man Sentenced to 15 Years for Possession with Intent to Distribute Heroin and FentanylRead the Press Release
Jackson, TN – Brandy Kentia Steed, a/k/a "STEED," 40, has been sentenced to 180 months imprisonment on federal charges of possession with intent to distribute heroin and possession with intent to distribute fentanyl. U.S. Attorney, D. Michael Dunavant announced the sentence today.
According to information presented in court, on August 24, 2017, during an undercover investigation, Jackson Police Department investigators arranged to purchase 1.63 grams of heroin from STEED. Later that same day, investigators executed a search warrant at STEED’s residence, in the Jackson area. During the search, STEED informed the investigators that the narcotics were hidden in a Chevrolet Suburban parked outside his residence. Recovered from the Suburban were multiple bags of suspected heroin and crack cocaine. However, lab analysis later determined that the bags contained 30.42 grams of fentanyl and 5.63 grams of crack cocaine. STEED provided a statement to investigators admitting that all the items in the vehicle belonged to him. STEED also had multiple prior arrests and convictions for evading arrest, resisting arrest and probation violations.
On November 1, 2019, U.S. District Court Chief Judge S. Thomas Anderson sentenced STEED to 180 months in federal prison followed by 3 years supervised release. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said: "Fentanyl is a deadly drug that destroys lives, and the quantity of fentanyl possessed by this defendant for resale could have caused multiple injuries and deaths. Under the new opioid strategy of this office and the Department of Justice, we will seek maximum sentencing penalties for any person distributing any amount of fentanyl in West Tennessee. If you are a drug dealer causing addiction, pain, and death for selfish personal gain, we will find you and hold you accountable."
This case was investigated by the Jackson Police Department.
Assistant U.S. Attorney Jerry Kitchen prosecuted this case on behalf of the government.
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Houston, PA Felon who Possessed Fentanyl, Cocaine and Loaded Pistols Will Spend More than 10 Years in Federal PrisonRead the Press Release
PITTSBURGH – A former resident of Houston Borough, Washington County (Pennsylvania), has been sentenced in federal court to more than 10 years and 10 months (130 months) in prison on his conviction for violating the federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
United States District Judge Marilyn J. Horan imposed the sentence on Vashaun Lasalle Wright, age 30, on his conviction for conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl; possession with intent to distribute 40 grams or more of fentanyl; possession with intent to distribute a quantity of cocaine; possession of firearms and ammunition by a convicted felon; and possession of firearms in furtherance of the charged drug trafficking crimes.
According to information presented to the Court, in March of 2018, investigators with the Washington County District Attorney’s Office Drug Task Force made a series of controlled purchases of fentanyl from Wright and an alleged coconspirator. Thereafter, investigators executed a search warrant at their residence on Main Street in Houston Borough where agents seized approximately 50 grams of fentanyl, a Schedule II controlled substance (which was packaged for distribution), several ounces of cocaine, a Schedule II controlled substance (which was packaged for distribution), approximately $24,000 in U.S. Currency, fentanyl packaging materials, and three loaded pistols. Wright, a convicted felon, was prohibited under federal law from possessing a firearm or ammunition due to his prior felony convictions from Washington County, Pennsylvania, involving his unlicensed possession of concealed firearms in 2008 and 2011.
The Court further ordered that the defendant’s federal sentence is to run consecutively to his June 27, 2019 sentence from the Court of Common Pleas of Washington County (Commonwealth of Pennsylvania), where Wright was sentenced to serve not less than 2 ½ to not more than 5 years of imprisonment in a state correctional facility for violating Pennsylvania’s firearms and narcotics laws. The Court further ordered that Wright be placed on a term of supervised release for four years following his release from incarceration.
Assistant United States Attorney Jerome A. Moschetta prosecuted this case on behalf of the government.
This case was prosecuted as part of Operation S.O.S. (Synthetic Opioid Surge), a Department of Justice enforcement initiative designed to dismantle deadly fentanyl distribution networks through cooperation with local, state and federal law enforcement, as well as local and state prosecutors. The Western District of Pennsylvania as one of 10 districts from across the country to implement the S.O.S. program.
United States Attorney Brady commended the Washington County District Attorney’s Office Drug Task Force for the investigation leading to the successful prosecution of Wright.
Honduran National Charged with Illegal Re-entryRead the Press Release
NEW ORLEANS - U.S. Attorney Peter G. Strasser announced that EDWIN DAVID PONCE-MATAMOROS, age 34, a citizen of Honduras, was charged October 31, 2019 in a one-count indictment with illegal reentry of a removed alien, in violation of 8 U.S.C. ' 1326(a), (b)(1).
According to the indictment, federal agents encountered PONCE-MATAMOROS on or about October 10, 2019. PONCE-MATAMOROS was previously removed from the United States on March 17, 2017.
If convicted, PONCE-MATAMOROS faces a maximum term of imprisonment of ten years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment.
U.S. Attorney Strasser reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U. S. Attorney David Howard Sinkman is in charge of the prosecution.
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Hardin CountyMan Sentenced to 140 Months in Federal Prison for Conspiracy to Distribute MethamphetamineRead the Press Release
Jackson, TN –Terry Williams, 61, has been sentenced to 140 months imprisonment on federal charges of possession with intent to distribute more than 50 grams of actual methamphetamine. D. Michael Dunavant, U.S. Attorney announced the sentence today.
According to information presented in court, during undercover operations on October 24 and 29, 2018, the 24th Judicial District Drug Task Force purchased a total of approximately 27 grams of actual methamphetamine from Williams. On October 31, 2018, investigators executed a search warrant at Williams’ residence in Hardin County. During the search, investigators located and seized several firearms, drug paraphernalia, drug scales, approximately 87 grams of actual methamphetamine, 21 grams of marijuana, and several alprazolam, soma, and hydrocodone pills. Investigators also seized $841 of drug money from Williams, as well as a Lexus that the defendant used during at least one of the undercover drug purchases.
On June 5, 2019, Williams entered a guilty plea to the one-count indictment charging him with possession with intent to distribute more than 50 grams of actual methamphetamine.
On October 17, 2019, Senior U.S. District Court Judge J. Daniel Breen sentenced Williams to 140 months’ imprisonment to be followed by five years of supervised release. There is no parole in the federal prison system.
U.S. Attorney D. Michael Dunavant said, "Methamphetamine that is trafficked in and through West Tennessee is increasing in dangerous purity, and continues to destroy individuals, families, and communities. Drug dealers who profit from the pain, addiction, violence and death caused by these dangerous substances deserve proper punishment, and this sentence does just that."
This case was investigated by members of the 24th Judicial District Drug Task Force, the United States Marshals Service, Hardin County Sheriff’s Office and Wayne County Sheriff’s Office.
Assistant United States Attorneys Jerry Kitchen and Josh Morrow prosecuted this case on behalf of the government.
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