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24 September 2019
Serial Armed Bank Robber Sentenced to 9 Years in Federal PrisonRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of DAMIEN JAMES McDONALD, 41, to 110 months in prison. McDONALD pleaded guilty on March 8, 2019, to two counts of armed bank robbery. He was sentenced earlier today by U.S. District Court Judge Wilhelmina M. Wright, in St. Paul, Minnesota.
According to the defendant’s guilty plea and documents filed in court, on April 14, 2018, the defendant brandished and pointed a firearm at two tellers working at a local U.S. Bank branch and demanded they fill a plastic Aldi’s grocery shopping bag with money from their teller drawers. On June 6, 2018, the defendant robbed at gunpoint a credit union in Eagan. Again, he pointed a firearm at the tellers, demanding that they fill his bag with cash. Surveillance video captured the defendant stopping in front of the credit union in a Mazda CX-7 SUV then leaving in the same Mazda at the conclusion of the robbery. Upon execution of a search warrant on vehicles and at a residence associated with McDONALD later that day, law enforcement recovered clothing and sneakers that matched the clothing and sneakers worn by the robber, a bandana worn by the robber to partially cover his face, and thousands of dollars in cash hidden inside the residence. Additionally, cash that matched marked bills taken from the credit union were found on McDONALD.
This case is a result of an investigation conducted by the Federal Bureau of Investigation, including its Cellular Analysis Survey Team and Computer Analysis Response Team, the Eagan Police Department, and the Roseville Police Department.
This case is being prosecuted by Assistant United States Attorneys Benjamin Bejar and Thomas Calhoun-Lopez.
Defendant Information:
DAMIEN JAMES MCDONALD, 41
St. Paul, Minn.
Convicted:
- Bank robbery (armed), 2 counts
Sentenced:
- 110 months in prison
- 5 years Supervised Release
- $12,261 in restitution
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Senior Manager at Fiat Chrysler Automobiles Charged in Connection with a Conspiracy to Mislead Regulators and the Public about Diesel Vehicle EmissionsRead the Press Release
A senior manager of diesel drivability and emissions at Fiat Chrysler Automobiles (FCA) was charged in an indictment unsealed today for his alleged role in a conspiracy to mislead U.S. regulators, customers and the public by making false and misleading statements about the emissions control software used in more than 100,000 FCA diesel vehicles in order to increase the vehicles’ emissions when they were not running on federal emissions test cycles.
Emanuele Palma, 40, an Italian citizen and resident of Bloomfield Hills, Michigan, is charged with one count of conspiracy to defraud the United States, to violate the Clean Air Act and to commit wire fraud. Palma is also charged with six counts of violating the Clean Air Act, four counts of wire fraud and two counts of making false statements to representatives of the FBI and the U.S. Environmental Protection Agency’s Criminal Investigation Division (EPA-CID).
“Cheating government regulators, customers, and the public for increased sales and compensation will be prosecuted by the Department of Justice to the fullest extent of the law,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “The indictment unsealed today demonstrates that the Criminal Division is committed to investigating and prosecuting sophisticated criminal schemes and corporate crimes that violate the Clean Air Act and other federal laws.”
“Emanuele Palma is alleged to have lied to the EPA, impeding its mission,” said U.S. Attorney Matthew Schneider of the Eastern District of Michigan. “The charges announced today are serious ones, and reflect my office’s commitment to preserving the integrity of the American regulatory system.”
“The defendant is alleged to have knowingly misled EPA regulators to cover up illegal emissions control software installed in certain Fiat Chrysler diesel vehicles,” said Susan Bodine, EPA Assistant Administrator for Enforcement and Compliance Assurance. “We are prepared to use our criminal authorities when faced with allegations of lying and cheating to evade U.S. emissions standards.”
“The indictment in this case should signal to corporations and individuals working for them that there are significant consequences for attempting to bypass US emissions tests and defraud the American people,” said Special Agent in Charge Steven M. D'Antuono of the FBI’s Detroit Field Office. “The FBI is committed to working alongside our US and international partners to investigate these corporate crimes and to hold those who are alleged to violate environmental regulations accountable for their actions.”
As alleged in the indictment, Palma led a team of engineers in the United States responsible for developing and calibrating the 3.0-liter diesel engine used in certain FCA diesel vehicles. Palma supervised the calibration of several software features in the vehicles’ emissions control systems to meet emissions standards for nitrogen oxides (NOx), a family of poisonous gases that are formed when diesel fuels are burned at high temperatures.
The indictment alleges that Palma and his co-conspirators purposefully calibrated the emissions control functions to produce lower NOx emissions under conditions when the subject vehicles would be undergoing testing on the federal test procedures or driving “cycles,” and higher NOx emissions under conditions when the subject vehicles would be driven in the real world.
Palma and his co-conspirators allegedly referred to the manner in which they manipulated one method of emissions control as “cycle detection.” The indictment alleges that by calibrating the emissions control functions on the subject vehicles to produce lower NOx emissions while the vehicles were on the driving “cycle,” and higher NOx emissions when the vehicles were off the driving “cycle,” or “off cycle,” Palma and his co-conspirators purposefully misled FCA’s regulators by making it appear that the subject vehicles were producing less NOx emissions than they were in real world driving conditions. Palma and his co-conspirators allegedly calibrated the subject vehicles’ emission control systems to make them more attractive to FCA’s potential customers, i.e., by increasing fuel economy and reducing the frequency of a required emissions control system service interval, rather than to maximize the reduction of NOx emissions.
As further alleged in the indictment, Palma and his co-conspirators made and caused others to make false and misleading representations to FCA’s regulators about the emissions control functions of the subject vehicles in order to ensure that FCA obtained regulatory approval to sell the subject vehicles in the United States.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI and EPA-CID investigated the case. Securities and Financial Fraud Unit Deputy Chief Henry P. Van Dyck and Trial Attorneys Kyle W. Maurer and Jason M. Covert of the Criminal Division’s Fraud Section, Senior Trial Attorney Todd W. Gleason of the Environment and Natural Resources Division’s Environmental Crime Section and Assistant U.S. Attorney Timothy J. Wyse of the U.S. Attorney’s Office for the Eastern District of Michigan are prosecuting the case. The Criminal Division’s Office of International Affairs also assisted in the case.
Second Parent Sentenced to Prison in College Admissions CaseRead the Press Release
BOSTON – A California businessman became the second parent to be sentenced to prison today in connection with his involvement in the college admissions case.
Devin Sloane, 53, was sentenced by U.S. District Judge Indira Talwani to four months in prison, two years of supervised release, and ordered to complete 500 hours of community service and pay a fine of $95,000. Sloane is the chief executive officer of AquaTecture, LLC, a privately held Los Angeles-based company involved in the water and wastewater industries. In May 2019, Sloane pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud. The government recommended a sentence of one year and one day in prison, one year of supervised release and a fine of $75,000.
Sloane conspired with William “Rick” Singer and others to have his son admitted to the University of Southern California (USC) as a water polo recruit, even though his son did not play water polo. As part of the scheme, Sloane purchased water polo gear online, and photographed his son purporting to play water polo in the family swimming pool, later hiring a graphic design firm to manipulate the photos to make them appear more realistic. Sloane made a purported contribution of $200,000 to Singer’s sham charity, Key Worldwide Foundation, and a $50,000 payment to USC Women's Athletics, a fund controlled by defendant Donna Heinel.
Previously, the first parent sentenced in the case, Felicity Huffman, was sentenced to two weeks in prison for her involvement in the scheme.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the case.
Second Appalachian Region Prescription Opioid Strikeforce Takedown Results in Charges Against 13 Individuals, including 11 PhysiciansRead the Press Release
Memphis, TN – The Justice Department announced today the second coordinated law enforcement action of the Appalachian Region Prescription Opioid (ARPO) strike force, resulting in charges against 13 individuals across five Appalachian federal districts for alleged offenses relating to the over prescription of controlled substances through "pill mill" clinics. Of those charged, 12 were charged for their role in unlawfully distributing opioids and other controlled substances and 11 were physicians. The alleged conduct resulted in the distribution of more than 17 million pills.
This action follows the first such takedown in April of this year, which involved charges against 60 defendants, including 53 medical professionals, in 11 federal districts, alleging the illegal distribution of more than 23 million pills. The charges brought in April have already resulted in 11 guilty pleas in seven federal districts, including guilty pleas by nine medical professionals, including seven physicians.
The charges announced today aggressively prosecute medical professionals whose alleged prescribing behaviors have contributed to the opioid epidemic, particularly medical professionals who are involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the CDC, approximately 115 Americans die every day of an opioid-related overdose.
"The Department of Justice will not relent in its aggressive pursuit of those responsible for fueling the opioid epidemic in Appalachia," said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. "Medical professionals who violate their solemn oaths and peddle opioids for profit should know that we will find you and ensure that the justice system treats you like the drug dealer you are."
"Opioid misuse and abuse is an insidious epidemic, and unfortunately, causes individuals to engage in criminal behavior that contributes to the problem," said U.S. Attorney D. Michael Dunavant of the Western District of Tennessee. "Just as this office will hold medical professionals accountable for over-prescribing opioids, we will also pursue federal charges against any person who exploits the medical profession for their own selfish desire to obtain highly addictive prescription drugs by dishonest methods."
In the Western District of Tennessee, one defendant was charged. Additionally, three medical professionals have pleaded guilty.
Erin Pealor, 35, of Memphis, was charged with nine counts of attempting to acquire or obtain a controlled substance by misrepresentation by fraud, forgery, deception or subterfuge. The charges stem from Pealor’s role in knowingly and intentionally attempting to obtain Schedule II controlled substances, namely Ritalin, Adderall, Methylin andMethylphenidate, by fraud, forgery, deception and subterfuge, by filling out prescriptions with false and fraudulent patient names and forging the signature of a physician. This case was brought with the assistance of the DEA and the State of Tennessee-OIG. The case is being prosecuted by Trial Attorney Ann Weber Langley of the Fraud Section and Assistant U.S. Attorney Mark Erskine of the Western District of Tennessee.
In addition, several indictments brought in the coordinated action in April 2019 have already resulted in guilty pleas. On July 22, 2019, Michael Hellman, a physician, pleaded guilty to one count of distribution of a controlled substance and one count of conspiracy to distribute a controlled substance. These charges stem from Hellman prescribing Percocet and Promethazine with Codeine outside the scope of professional practice and not for a legitimate medical purpose. The case is being prosecuted by Trial Attorney Jillian Willis and Assistant U.S. Attorney Gregory Allen of the Western District of Tennessee.
On April 16, 2019, Kathryn Russell, a nurse practitioner who practiced in Memphis, Tennessee, pleaded guilty to conspiracy to unlawfully distribute controlled substances. Russell wrote prescriptions for opioids that had no legitimate medical purpose and that were outside the usual course of professional practice. In an eight-week period, Russell prescribed more than 7,800 oxycodone pills, more than 6,000 benzodiazepine pills, and more than 1,000 pills of carisoprodol.
On Sept. 19, 2019, Michelle Bonifield, a Bells pharmacy technician pleaded guilty to filling an opioid prescription without a legitimate medical purpose while working at Mehr Drug Store.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent until and unless proven guilty.
The Fraud Section leads the ARPO Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 70 defendants who are collectively responsible for distributing more than 40 million pills.
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Second Appalachian Region Prescription Opioid Strikeforce Takedown Results in Charges Against 13 Individuals, Including 11 PhysiciansRead the Press Release
The Justice Department announced today the second coordinated law enforcement action of the Appalachian Region Prescription Opioid (ARPO) strike force, resulting in charges against 13 individuals across five Appalachian federal districts for alleged offenses relating to the over prescription of controlled substances through “pill mill” clinics. Of those charged, 12 were charged for their role in unlawfully distributing opioids and other controlled substances and 11 were physicians. The alleged conduct resulted in the distribution of more than 17 million pills.
This action follows the first such takedown in April of this year, which involved charges against 60 defendants, including 53 medical professionals, in 11 federal districts, alleging the illegal distribution of more than 23 million pills. The charges brought in April have already resulted in 11 guilty pleas in seven federal districts, including guilty pleas by nine medical professionals, including seven physicians.
The charges announced today aggressively prosecute medical professionals whose alleged prescribing behaviors have contributed to the opioid epidemic, particularly medical professionals who are involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the CDC, approximately 115 Americans die every day of an opioid-related overdose.
Today’s enforcement actions were led and coordinated by the Health Care Fraud Unit of the Criminal Division’s Fraud Section in conjunction with its ARPO Strike Force, a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI, DEA and the U.S. Health and Human Services-Office of Inspector General (HHS-OIG). In addition, the operation includes the participation of various other federal, state and local law enforcement agencies, including the Tennessee Bureau of Investigation (TBI), Ohio Medicaid Fraud Control Unit and West Virginia Medicaid Fraud Control Unit. Additionally, the Centers for Medicare & Medicaid Services, Center for Program Integrity (CMS/CPI) announced today that all appropriate administrative actions would be taken based on these charges.
“The Department of Justice will not relent in its aggressive pursuit of those responsible for fueling the opioid epidemic in Appalachia,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “Medical professionals who violate their solemn oaths and peddle opioids for profit should know that we will find you and ensure that the justice system treats you like the drug dealer you are.”
“We have taken a very tough stance against those that fuel the opiate crisis at every level including pill writers, pill fillers and drug dealers,” said U.S. Attorney Mike Stuart of the Southern District of West Virginia. “The unlawful distribution of controlled substances is a serious matter that gets my office’s full attention. It is one of our highest priorities for prosecution as we continue with our efforts to protect the public and the people of West Virginia. And for those that struggle or have a loved one that struggles with addiction and substance use disorder, I again urge treatment and recovery. While we remain tough in our actions against those who feed this crisis, my sincere and prayerful hope is that everyone who needs help gets help on their path to true recovery.”
“From street corner to clinic, the Department of Justice continues to show its resolve in bringing to justice those responsible for the opioid crisis in America,” said U.S. Attorney Jay E. Town of the Northern District of Alabama. “A federal courtroom awaits those who have sacrificed the efficacy of care for the evils of greed.”
“We said in April that the ARPO strike force was not a one-and-done spectacle, but an enduring commitment to stamp out opioid trafficking by prescription pad. We meant it,” said U.S. Attorney Benjamin C. Glassman of the Southern District of Ohio. “It’s thanks to the partnership between U.S. Attorney’s offices, the Criminal Division and our law enforcement partners that the United States is able to investigate and prosecute not only medical professionals who are allegedly acting as drug dealers, but also the myriad other malefactors who have contributed—and are contributing—to the opioid epidemic.”
“Opioid misuse and abuse is an insidious epidemic, and unfortunately, causes individuals to engage in criminal behavior that contributes to the problem,” said U.S. Attorney D. Michael Dunavant of the Western District of Tennessee. “Just as this office will hold medical professionals accountable for over-prescribing opioids, we will also pursue federal charges against any person who exploits the medical profession for their own selfish desire to obtain highly addictive prescription drugs by dishonest methods.”
“Today marks another successful operation by the Appalachian Regional Prescription Opioid Strike Force against the illegal distribution of opioids which endanger our neighbors and the communities we live in,” said Assistant Director Terry Wade of the FBI’s Criminal Investigative Division. “Through strong cooperation between the FBI and its law enforcement partners, the Strike Force’s coordinated efforts resulted in bringing those responsible for this egregious and costly epidemic to justice. The FBI will continue to make illegal opioid distribution investigations a top priority.”
“Illegal diversion of opioids and other controlled substances may lead to drug addiction and deaths, as well as a drain on resources that could be used to provide legitimate healthcare services,” said Special Agent in Charge Maureen R. Dixon of HHS-OIG. “We will continue to work closely with our law enforcement partners to bring criminals to justice, and enable honest healthcare providers to better serve Medicare and Medicaid beneficiaries.”
“The opioid epidemic continues to have deadly consequences for our state,” said Assistant Director Mike Cox of the Tennessee Bureau of Investigation Medicaid Fraud Control Division. “We will continue working with our law enforcement partners to target dishonest healthcare professionals who contribute to the problem by illegitimately prescribing opioids and other medications for profit.”
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In the Southern District of Ohio, four medical professionals were charged, including three medical doctors and one doctor of osteopathy, in connection with several alleged “pill mill” controlled substance diversion and/or health care fraud schemes.
Troy Balgo, D.O., 53, of Saint Clairsville, Ohio, the elected county coroner of Belmont County, Ohio, was charged with one count of health care fraud, one count of conspiracy to commit health care fraud, six counts of unlawful distribution of controlled substance and one count of conspiracy to commit unlawful distribution of controlled substances. These charges are based on an alleged scheme by which Balgo caused and/or conspired with others to cause submissions for health care services that he did not perform, and to prescribe controlled substances while he was out of the state or country. Balgo is the owner and operator of two medical clinics in St. Clairsville, Belmont County. The DEA, FBI and HHS-OIG, as well as the U.S. Department of Defense Office of Inspector General (DOD-OIG), the U.S. Department of Labor (DOL), the Ohio Attorney General’s Office, the Ohio Bureau of Worker’s Compensation and the Ohio Board of Pharmacy investigated this case. The case is being prosecuted by Trial Attorney Christopher Jason of the Criminal Division’s Fraud Section.
George Griffin, M.D., 70, of Cincinnati, Ohio, was charged with 20 counts of distribution of controlled substances for his alleged participation in the unlawful prescription of controlled substances outside of the course of professional practice and without a legitimate medical purpose. Griffin owns and operates a solo medical practice in Cincinnati, Hamilton County. The DEA, FBI and HHS-OIG, as well as DOD-OIG, the Ohio Attorney General’s Office, the Ohio Bureau of Worker’s Compensation and the Ohio Board of Pharmacy investigated this case. The case is being prosecuted by Trial Attorney Christopher Jason of the Criminal Division’s Fraud Section.
Thomas Romano, M.D., 69, of Wheeling, West Virginia, was charged with 20 counts of diversion of controlled substances for his alleged participation in the unlawful prescription of controlled substances outside of the course of professional practice and without a legitimate medical purpose. Romano owns and operates a solo cash-only medical practice in Martin’s Ferry, Belmont County. The DEA, FBI and HHS-OIG, as well as the Ohio Bureau of Worker’s Compensation and Ohio Board of Pharmacy investigated this case. The case is being prosecuted by Trial Attorney Christopher Jason of the Criminal Division’s Fraud Section.
Freeda Flynn, M.D., 66, of Saint Clairsville, Ohio, was charged with eight counts of distribution of controlled substances, and one count of health care fraud, for her alleged participation in the unlawful prescription of controlled substances outside of the course of professional practice and without a legitimate medical purpose, and health care fraud for the submission of claims for services which were medically unnecessary and/or performed below medically-accepted standards. Flynn owns and operates a solo practice with focuses on medical and opioid addiction treatment programs in St. Clairsville, Belmont County. The DEA, FBI, HHS, as well as DOD-OIG, the Ohio Attorney General’s Office and the Ohio Board of Pharmacy investigated this case. The case is being prosecuted by Trial Attorney Christopher Jason of the Criminal Division’s Fraud Section.
In the Southern District of West Virginia, four individuals, including three doctors, were charged as part of today’s announcements. Additionally, three doctors have pleaded guilty as a result of the April ARPO Takedown.
Dr. Michael Shramowiat, 66, of Vienna, West Virginia was charged with allegedly unlawfully distributing controlled substance without a legitimate medical purpose. This case was investigated by the DEA, HHS-OIG and Hurricane Police Department. The case is being prosecuted by Assistant Chief Kilby Macfadden and Trial Attorney Sean O’Connell of the Fraud Section.
Dr. Ricky Houdersheldt, 67, of Ona, West Virginia, was charged with allegedly unlawfully distributing controlled substance without a legitimate medical purpose. This case was investigated by the DEA, HHS-OIG and Hurricane Police Department. These cases are being prosecuted by Assistant Chief Kilby Macfadden and Trial Attorney Sean O’Connell of the Fraud Section.
Dr. Sriramloo Kesari, 77, of Charleston, West Virginia, was charged with allegedly unlawfully distributing controlled substance without a legitimate medical purpose. This case was investigated by the DEA, HHS-OIG and Hurricane Police Department. These cases are being prosecuted by Assistant Chief Kilby Macfadden and Trial Attorney Sean O’Connell of the Fraud Section.
Julie Wheeler, 43, of Oak Hill, West Virginia, owner and operator of JRW Homecare Support Services, was charged with health care fraud. The charge stems from Wheeler’s scheme to defraud the Veterans Health Administration’s Spina Bifida Health Care Benefits Program. The U.S. Veterans Affairs-CID investigated the case. The case is being prosecuted by Assistant U.S. Attorney Erik Goes of the Southern District of West Virginia.
On Sept. 3, 2019, Marc Spelar, 37, of Huntington, West Virginia, a psychiatrist, pleaded guilty to one count of illegal drug distribution charged in an April 2019 indictment. The charges stem from Spelar’s unlawful distribution of Schedule II narcotics, including dextroamphetamine, methylphenidate and amphetamine salt to a patient who did not have a medical need for the drugs. Spelar did not perform examinations of any kind prior to dispensing the narcotics even though the patient had a history of abusing narcotics. Spelar no longer has his medical license or his DEA registration. The DEA and HHS-OIG investigated this case. The case is being prosecuted by Assistant Chiefs Kilby Macfadden and Daniel Griffin of the Fraud Section.
On Sept. 23, 2019, Dr. Jeffery Addison, 64, of Charleston, West Virginia, pleaded guilty to conspiracy distribution of controlled substance without a legitimate medical purpose. The DEA and HHS-OIG investigated the case. The case is being prosecuted by Assistant Chief Kilby Macfadden and Trial Attorney Sean O’Connell.
On Aug. 22, 2019, Dr. Muhammed Samer Nasher-Alneam, 47, of Charleston, West Virginia, pleaded guilty to illegal distribution of controlled substances without legitimate medical purposes. Nasher admitted to prescribing methadone pills outside of the bounds of professional medical practice and not for legitimate medical purposes. Pursuant to his guilty plea, Nasher agreed to permanently surrender both his medical license and DEA registration. He further agreed to never seek reinstatement of a license to practice as a medical doctor in West Virginia or any other state. The FBI, DEA, HHS-OIG, the DOL-Office of Inspector General, the West Virginia State Police and the West Virginia Insurance Commission investigated the case. The case is being prosecuted by Assistant U.S. Attorneys Alan McGonigal, Jennifer Herrald and Steve Loew of the Southern District of West Virginia.
In the Eastern District of Tennessee, two medical doctors were charged. Additionally, one physician charged in April has pleaded guilty.
Frank McNeil, M.D., 78, of Knoxville, Tennessee, was charged with one count of unlawful distribution of controlled substances. The charges stem from McNeil’s role in prescribing high doses of opioids with no medical legitimacy, while failing to perform urine drug screens and obtain any imaging. The DEA, TBI, FBI and HHS-OIG investigated the case. The case is being prosecuted by Trial Attorney Louis Manzo of the Fraud Section and Assistant U.S. Attorney Anne-Marie Svolto of the Eastern District of Tennessee.
Samuel Mcgaha, M.D., 69, of Sevierville, Tennessee, was charged with one count of unlawful distribution of controlled substances. The charges stem from Mcgaha’s role as a family practitioner in Morristown, Tennessee, who prescribed opioids and other medications without a legitimate medical purpose. The DEA, TBI, FBI and HHS-OIG investigated the case. The case is being prosecuted by Trial Attorney Louis Manzo of the Fraud Section and Assistant U.S. Attorney Anne-Marie Svolto of the Eastern District of Tennessee.
In addition, on Aug. 13, 2019, Harrison Yang, M.D., 75, of Manchester, Tennessee, pleaded guilty to one count of making a false statement relating to a health care matter charged in an April 2019 indictment as part of the coordinated action in April. The charges stem from Yang writing prescriptions for opioids that had no legitimate medical purpose and that were outside the usual course of professional practice. The case is being prosecuted by Trial Attorney Lou Manzo and Assistant Chief Drew Bradylyons of the Fraud Section and Assistant U.S. Attorney Scott Winne of the Eastern District of Tennessee.
In the Western District of Tennessee, one defendant was charged. Additionally, three medical professionals have pleaded guilty.
Erin Pealor, 35, of Memphis, was charged with nine counts of attempting to acquire or obtain a controlled substance by misrepresentation by fraud, forgery, deception or subterfuge. The charges stem from Pealor’s role in knowingly and intentionally attempting to obtain Schedule II controlled substances, namely Ritalin, Adderall, Methylin and Methylphenidate, by fraud, forgery, deception and subterfuge, by filling out prescriptions with false and fraudulent patient names and forging the signature of a physician. This case was brought with the assistance of the DEA and the State of Tennessee-OIG. The case is being prosecuted by Trial Attorney Ann Weber Langley of the Fraud Section and Assistant U.S. Attorney Mark Erskine of the Western District of Tennessee.
In addition, several indictments brought in the coordinated action in April 2019 have already resulted in guilty pleas. On July 22, 2019, Michael Hellman, a physician, pleaded guilty to one count of distribution of a controlled substance and one count of conspiracy to distribute a controlled substance. These charges stem from Hellman prescribing Percocet and Promethazine with Codeine outside the scope of professional practice and not for a legitimate medical purpose. The case is being prosecuted by Trial Attorney Jillian Willis and Assistant U.S. Attorney Gregory Allen of the Western District of Tennessee.
On April 16, 2019, Kathryn Russell, a nurse practitioner who practiced in Memphis, Tennessee, pleaded guilty to conspiracy to unlawfully distribute controlled substances. Russell wrote prescriptions for opioids that had no legitimate medical purpose and that were outside the usual course of professional practice. In an eight-week period, Russell prescribed more than 7,800 oxycodone pills, more than 6,000 benzodiazepine pills, and more than 1,000 pills of carisoprodol.
On Sept. 19, 2019, Michelle Bonifield, a Bells pharmacy technician pleaded guilty to filling an opioid prescription without a legitimate medical purpose while working at Mehr Drug Store.
In the Northern District of Alabama, one defendant charged in April 2019 has pleaded guilty.
On Aug. 6, 2019, Christopher Wray, of Arab, Alabama, a prescription forger, pleaded guilty to twelve counts of obtaining a controlled substance by misrepresentation, fraud, forgery or deception. Previously charged in an April 2019 indictment, the charges stem from a forgery scheme to use a local doctor’s name and DEA number to fraudulently obtain over a thousand opioids and other controlled substances. The case was investigated by the DEA with assistance from the Guntersville Police Department. The case is being handled by Trial Attorney Devon Helfmeyer of the Fraud Section.
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The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent until and unless proven guilty.
The Fraud Section leads the ARPO Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 70 defendants who are collectively responsible for distributing more than 40 million pills.
Rosebud Man Sentenced on Meth Trafficking and Felony Gun ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on September 20, 2019, by U.S. District Judge Roberto A. Lange.
Cody Spotted Tail, age 34, was sentenced to 87 months in federal prison, followed by 4 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Spotted Tail was indicted by a federal grand jury on December 11, 2018. He pled guilty on July 2, 2019.
The conviction stemmed from a drug conspiracy that occurred beginning no later than October 15, 2018, and continuing to November 2, 2018, in which Spotted Tail knowingly and intentionally conspired with his co-defendants to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance, in the District of South Dakota. Further, Spotted Tail was an unlawful user of and addicted to a controlled substance, which prohibited him from possessing firearms, and he was in possession of a firearm at the time of his arrest. At the time of his arrest, law enforcement recovered 256 grams of methamphetamine, scales, baggies, and other drug trafficking items.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Meghan N. Dilges prosecuted the case.
Spotted Tail was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on September 23, 2019, by U.S. District Judge Roberto A. Lange.
Dylan Blue Thunder, a/k/a Dylan Black Lance, age 20, was sentenced to 36 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Blue Thunder was indicted by a federal grand jury on April 9, 2019. He pled guilty on July 1, 2019.
The conviction stemmed from an incident that occurred on March 29, 2019, wherein Blue Thunder assaulted another man with a knife. The victim suffered serious injuries, including a large laceration across his neck, as a result of the assault.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Blue Thunder was immediately turned over to the custody of the U.S. Marshals Service.
Real Estate Agent Recruiter Charged with Fraud in Alleged Sales Commission Inflation SchemeRead the Press Release
NEWARK, N.J. – A real estate agent recruiter was arrested today on charges stemming from a scheme to inflate sales commissions, U.S. Attorney Craig Carpenito announced.
Russell Stinnett, 54, of Mt. Pleasant, South Carolina was indicted by a federal grand jury on Sept. 23, 2019, on five counts of wire fraud. He is scheduled to appear later today before U.S. Magistrate Judge Bristow Marchant in Charlestown, South Carolina, federal court. Stinnett will be arraigned in Newark federal court at a later date.
According to the indictment:
Between January 2017 and April 2019, Stinnett engaged in a scheme to misrepresent the sales value of real estate sold by agents that he recruited to work for the victim real estate company in order to boost his own commission payouts. Stinnett obtained sales data for the agents he recruited, then doctored the data to make it appear as if his recruits sold more real estate than they actually had. Stinnett then submitted the doctored sales data to his employer using his business email or a commission claim portal that was received and processed in New Jersey. Stinnett’s employer paid him commissions on sales that his recruits never actually made, resulting in a loss of approximately $1 million to his employer.
The five counts of wire fraud with which Stinnett is charged each carry a maximum potential punishment of 20 years in prison and a fine of up to $250,000, or twice the gross loss or gain caused by the offense.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to the indictment.
The government is represented by Assistant U.S. Attorney Ari B. Fontecchio of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
The charges and allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Readout of Principal Deputy Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division Meeting with Paraguay Vice President Hugo Velazquez and Other DelegatesRead the Press Release
Earlier today, Principal Deputy Assistant Attorney General John P. Cronan of the U.S. Department of Justice’s (DOJ) Criminal Division met with Vice-President Hugo Velazquez, Minister of the Anti-Money Laundering Secretariat Carlos Arregui, and Minister of Intelligence Esteban Aquino of Paraguay in Washington, DC.
They discussed coordination on law enforcement matters including extraditions and the need to join forces to combat drug trafficking, illicit financial schemes, investigating and prosecuting complex financial and terrorism financing cases and other transnational crimes.
The past two years have seen a significant increase in bilateral law enforcement cooperation, given the global reach of transnational crime. Principal Deputy Assistant Attorney General Cronan expressed his gratitude to Paraguay for the successful extradition of multiple fugitives in the past two years. Principal Deputy Assistant Attorney General Cronan also commended Paraguay’s action last month to designate ISIS, al-Qaida, Hamas, and Hizballah as terrorist organizations. The Justice Department has offered to support Paraguay in combatting terrorism and fully and effectively implementing these designations.
They discussed their cooperative criminal investigative efforts between the United States and Paraguay as well as the case-based mentoring and technical assistance that the Office of Overseas Prosecutorial Development, Assistance, and Training (OPDAT), and its Asuncion-based Resident Legal Advisor (RLA) is providing.
Both sides agreed to continued collaboration between Justice Department entities and counterparts in the region to achieve their law enforcement priorities.
Rapid City Man Sentenced for Assault by Strangulation and Suffocation and EscapeRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Assault by Strangulation and Suffocation and Escape from Custody was sentenced on September 23, 2019, by U.S. District Judge Roberto A. Lange.
Roger James Spider, II, a/k/a Roger Spider, Jr., age 29, was sentenced to a total of 40 months in federal prison. He was sentenced to 37 months in federal prison for Assault by Strangulation and Suffocation, and 3 months in federal prison for Escape from Custody, with such sentences to be served consecutively, followed by 3 years of supervised release. Spider was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $200.
The conviction for Assault by Strangulation and Suffocation stemmed from an incident that occurred on April 24, 2018, in Mission, South Dakota. On that date, Spider assaulted his girlfriend by grabbing her by the throat and strangling her until she began to lose consciousness. Spider was indicted by a federal grand jury on July 17, 2018. He pled guilty on July 1, 2019.
The conviction for Escape from Custody stemmed from conduct that occurred in January 2019, while Spider was in custody pending trial. On January 18, 2019, Spider was granted a furlough to undergo a medical evaluation in Rapid City on January 22, 2019. Spider subsequently failed to return from the furlough and was arrested in Rapid City on January 26, 2019. Spider was indicted by a federal grand jury on February 12, 2019. He plead guilty on July 1, 2019.
These cases were investigated by the Rosebud Sioux Tribe Law Enforcement Services, the U.S. Marshals Service, and the Rapid City Police Department. Assistant U.S. Attorney Kirk Albertson prosecuted the cases.
Spider was immediately turned over to the custody of the U.S. Marshals Service.
RI Family Dollar Stores to Address ADA Compliance IssuesRead the Press Release
PROVIDENCE – Family Dollar Stores of Rhode Island, LLC has agreed to a Settlement Agreement with the United States, under which it is required to undertake steps to review, identify, and address accessibility issues inside and outside of all 29 stores located in Rhode Island to bring them into compliance with the American with Disabilities Act (ADA), announced United States Attorney Aaron L. Weisman.
The company will also pay a civil penalty to the United States.
This agreement follows an investigation by the United States Attorney’s Office under Title III of the ADA, which prohibits discrimination on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation. Although it is a private entity, Family Dollar Stores are places of “public accommodation” within the meaning of Title III of the ADA.
The United States’ investigation determined that Family Dollar stores in Rhode Island were not being maintained to ensure sufficient access for persons with disabilities, including access to accessible parking spaces, front entrances, and store aisles. The investigation was prompted by complaints to the United States Attorney’s office by persons with disabilities who use mobility aids, such as wheelchairs and walkers.
According to the Settlement Agreement, Family Dollar Stores of Rhode Island, which cooperated fully with the investigation, has agreed to ensure that its employees will not place merchandise, shopping carts, boxes, and/or any other items in areas of its facilities, including both inside and outside of its stores, where such placement reduces or eliminates accessibility; will hire or designate an employee to serve as an ADA Coordinator with sufficient training and authority to undertake meaningful efforts to ensure that all Family Dollar Stores are in compliance with the Agreement; and within 60 days all regional, district and store managers and employees will undergo complete training regarding Title III of the ADA.
Additionally, Family Dollar Stores of Rhode Island has agreed to pay the United States government a civil penalty of $7,500 and to remedy all violations within six months.
This matter was litigated by Assistant U.S. Attorney Amy R. Romero.
The U.S. Attorney’s Office for the District of Rhode Island is committed to investigating alleged violations of the Americans with Disabilities Act. Those interested in learning more about architectural barriers to access under the Americans with Disabilities Act may access www.ada.gov, visit the web site of the United States Attorney’s Office for the District of Rhode Island at www.justice.gov/usao-ri/civil-rights-enforcement, or call the Department of Justice’s toll-free information line at (800) 514-0301 or (800) 514-0383 (TTY). Information about filing a complaint, including instructions for filing a complaint online, can be found at www.ada.gov/filing_complaint.htm..
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Philadelphia Man Sentenced for Drug Offense in WinooskiRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Robert Thorn, 50, of Philadelphia, Pennsylvania, was sentenced today in United States District Court in Rutland, Vermont for possessing with intent to distribute heroin and 28 grams or more of cocaine base. Chief U.S. District Judge Geoffrey W. Crawford sentenced Thorn to five years in prison, to be followed by a five-year period of supervised release.
According to court records and proceedings, on January 14, 2019, law enforcement stopped a vehicle after investigation into suspected drug activity at a residence in Winooski, Vermont. Thorn, a passenger in the vehicle, initially provided law enforcement a false name. Thorn was found to be carrying approximately 110 grams of cocaine base, over 8 grams of heroin, and over $3,300 in U.S. currency. Additional investigation revealed that Thorn, who was on probation at the time, had deposited over $36,000 cash in Vermont ATMs in approximately two months.
The government and Thorn entered into a plea agreement in which Thorn admitted to the offense. The Court accepted the parties’ agreement providing for a five year sentence and sentenced him accordingly.
Assistant U.S. Attorney Nicole Cate handled the prosecution. Thorn was represented by Assistant Federal Defender Steven Barth.
Operators of U.S. Coin Bullion, LLC to Plead Guilty to More Than $7 Million in FraudRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces that brothers Salvatore Esposito (47, Orlando) and Joseph Esposito (43, Orlando) have agreed to plead guilty to an Information charging them with conspiracy to commit wire fraud and mail fraud. Each faces a maximum penalty of 20 years in federal prison. Their initial appearances and change of plea hearings have been scheduled for October 2, 2019.
According to court documents, the Espositos operated U.S. Coin Bullion, a local Orlando company formed in 2012. From 2014 to July 2019, the Espositos engaged in a conspiracy to defraud U.S. Coin Bullion’s customers. Instead of using the customers’ funds to purchase precious metals as had been promised, the Espositos caused U.S. Coin Bullion to use customer funds to pay other customers, to pay commissions and other business expenses, and to purchase silver for the company itself.
U.S. Coin Bullion used its customers’ funds to purchase silver on “margin,” or “leverage,” by which it acquired an interest in the silver by paying only a portion of its full price. The company took out loans to purchase the silver on margin and then used more customer funds to pay the interest associated with those loans, as well as storage fees for the silver. And, because it was buying on margin, U.S. Coin Bullion was subject to “margin calls”; if the market price for silver declined, the company might immediately have to deposit more (customer) funds into its accounts to maintain its interest in the silver.
U.S. Coin Bullion never told its customers that their funds were being used in this way. By at least 2016, it was regularly using its customers’ funds to buy millions of dollars worth of silver. When the price for silver fell from more than $35 an ounce (in 2012) to less than $15 an ounce during the conspiracy, the company experienced massive losses and had to spend customer funds due to margin calls.
To cover up U.S. Coin Bullion’s losses, the Espositos provided customers with false account statements making it appear that the company had purchased the silver for the customers (not itself) and that their accounts maintained value despite any drop in the market price of silver. Ultimately, U.S. Coin Bullion’s margin purchases resulted in a loss of nearly all the market value of the silver that its customers believed they had purchased and held.
An information is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
To date, the United States Secret Service has identified more than 120 victims who have been defrauded as a result of this conspiracy, with total losses of over $7.9 million. A dedicated email address ([email protected]) has been established for victims to provide victim impact statements and any other information related to their losses.
This case was investigated by the U.S. Secret Service, with assistance from the Florida Attorney General's Office of Citizen Services – Consumer Assistance Program which has provided invaluable assistance with the victims. This case is being prosecuted by Assistant United States Attorney Roger B. Handberg.
Operation Quack Attack Leads to Multiple Arrests in Chicot CountyRead the Press Release
LITTLE ROCK—Fifteen federal defendants are in custody after federal and state authorities made numerous arrests as part of an ongoing investigation. Operation Quack Attack has resulted in the identification of multiple drug traffickers and the seizure of large quantities of cocaine, crack cocaine, methamphetamine, and marijuana in the Chicot County area.
Operation Quack Attack, an Organized Crime Drug Enforcement Task Force investigation, is being conducted by the FBI and the Arkansas State Police. In 2016, authorities began a joint investigation after an increase in violence related to drug trafficking in the Chicot County area. Today’s arrests are announced by Cody Hiland, United States Attorney for the Eastern District of Arkansas, Diane Upchurch, Special Agent in Charge of the FBI Little Rock Field Office, and Arkansas State Police Colonel Bill Bryant, in conjunction with the unsealing of the indictments of 15 defendants who were charged by a federal grand jury on September 5, 2019. In addition to the FBI and Arkansas State Police, the Arkansas Community Correction Special Response Team provided assistance throughout the investigation. Assistance with today’s operation was also provided by the Lake Village Police Department and the Chicot County Sheriff’s Office.
Seven indictments charging 15 individuals in the Eastern District of Arkansas, along with a federal complaint charging one defendant in the Western District of Arkansas, were unsealed on Tuesday. Law enforcement officers arrested 11 defendants early Tuesday morning, while four defendants were already in federal or state custody on unrelated charges. Davidlon Palmer, 40, of Eudora, is the lone federal defendant in the investigation who remains a fugitive. Five defendants have pending state arrest warrants as part of the operation.
Individuals involved in this case have numerous violent prior criminal convictions, including state and federal drug trafficking offenses, aggravated assault, terroristic act, residential burglary, commercial burglary, murder 2nd degree, possession of firearms by certain persons, and interstate travel in aid of racketeering.
"Today’s arrests signify our commitment to stopping the violence that goes hand-in-hand with drug trafficking," U.S. Attorney Hiland said. "We appreciate the collaboration between the federal and state partners that made this investigation possible."
During the course of Operation Quack Attack, investigators conducted 58 controlled purchases of drugs and executed two search warrants. Authorities have seized more than 2.5 kilograms of methamphetamine, 229 grams of cocaine, 200 grams of crack cocaine, 128 grams of marijuana, and 6 firearms, as well as almost $17,000 in cash.
During arrest operations Tuesday morning six additional firearms, including two AR-style rifles and a "street sweeper" shotgun with a multi-shell drum attached, were recovered, as well as another $3,927 in suspected drug proceeds.
"Prolonged investigations such as Operation Quack Attack serve to highlight the positive and enduring working relationships amongst members of Arkansas law enforcement and protect our communities from violent drug traffickers," SAC Upchurch said. "It is with sincere appreciation that I would like to thank the U.S. Attorney’s Office, Arkansas State Police, and Arkansas Community Correction for their assistance with this investigation."
The defendants face various drug trafficking and gun charges. The most serious drug charges carry a penalty range of not less than 10 years in prison, and not more than life, a fine of up to $10,000,000, and not less than five years of supervised release.
The federal defendants arrested Tuesday will be arraigned before United States Magistrate Judge Joe J. Volpe on Thursday. The federal defendants in state custody will be arraigned at a later date.
Operation Quack Attack is a joint investigation between the FBI, the Arkansas State Police, and the Arkansas Community Correction Special Response Team. Assistant United States Attorney Julie Peters is prosecuting the case. An indictment contains only allegations. A defendant is presumed innocent unless and until proven guilty.
This news release, as well as additional information about the office of the United States Attorney for the Eastern District of Arkansas, is available online at:
http://www.justice.gov/edar
Twitter: @EDARNEWS
OPERATION QUACK ATTACK
FEDERAL INDICTMENTS/DEFENDANTS
United States v. Cantral Huggins et al., 4:19CR530 DPM
Cantral Huggins, aka Cantrell, aka Crumb – age 40, Benton, AR
Kashif Lucas – age 35, Lake Village, AR
Steven Jordan, aka Tar Baby – age 42, Little Rock, AR
Anthony Bailey, aka Antonio, aka Tony – age 30, Lake Village, AR
Deangalo Furlow – age 31, Lake Village, AR
Tiffany Huggins – age 32, Benton, AR
Latoya Jackson – age 35, Conway, AR
Tristen Taylor – age 21, Eudora, AR
Sheldon Wilson, aka Tae – age 39, Lake Village, AR
United States v. Ramien Collins, 4:19CR528 JM
Age 38, Monticello, AR
United States v. Deyvon King, 4:19CR531 JM
Age 41, of Lake Village, AR
United States v. Donnie Miller, 4:19CR532 BSM
Age 58, of Lake Village, AR
United States v. Davidlon Palmer, aka DP, 4:19CR533 KGB*
Age 40, of Eudora, AR
United States v. Everette Ross, aka Pumpkin, 4:19CR534 DPM
Age 49, of Lake Village, AR
United States v. Jessie Williams, aka Boone, 4:19CR535 BRW
Age 35, of Dermott, AR
* Fugitive
Online Bidder Pleads Guilty to Antitrust Charge for Rigging Bids at Government AuctionsRead the Press Release
Igor Yurkovetsky pleaded guilty today in connection with an ongoing investigation into a conspiracy to rig bids submitted to the General Services Administration (GSA), the Department of Justice announced.
According to the one-count felony charge filed in the U.S. District Court for the District of Minnesota in Minneapolis, Yurkovetsky conspired to rig bids at online public auctions of surplus government equipment conducted by the GSA. Yurkovetsky, a Pennsylvania resident, is charged with participating in the conspiracy from about July 2012 until as late as May 2018. He is the second individual charged in this investigation, and he has agreed to cooperate in the Department’s ongoing investigation.
“Today’s charge brings to justice another participant in a long-running conspiracy to corrupt online markets and cheat taxpayers and the federal government of the benefits of competition,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “This charge will not be the last in this investigation. The Department and its law enforcement partners are committed to prosecuting individuals who rig bids at government auctions.”
The GSA operates GSA Auctions, which offers the public the opportunity to bid electronically on a wide variety of federal assets, including computer equipment that is no longer needed by government agencies. GSA Auctions sells that equipment via its online auctions, and the proceeds of the auctions are distributed to the government agencies or the U.S. Treasury general fund. According to the charge, the primary purpose of the conspiracy was to suppress and eliminate competition. Additionally, the co-conspirators obtained the equipment by agreeing which co-conspirators would submit bids for particular lots offered for sale by GSA Auctions and which co-conspirator would be designated to win a particular lot.
“The integrity of GSA’s online systems and programs is vital to good government,” said Assistant Inspector General for Investigations James. E. Adams of the GSA. “The GSA Office of Inspector General will continue to ensure these systems and programs are free from corruption and manipulation.”
A criminal violation of Section 1 of the Sherman Act carries a maximum of 10 years in prison and a $1 million criminal fine for individuals. The maximum fines may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
The ongoing investigation into bid rigging at GSA auctions is being conducted by the Antitrust Division’s Chicago Office and the GSA Office of Inspector General’s Great Lakes Regional Investigations Office in Chicago, Illinois. Anyone with information concerning bid rigging or fraud related to GSA auctions should contact the Chicago Office of the Antitrust Division at 312-984-7200, the Antitrust Division’s Citizen Complaint Center at 888-647-3258, visit www.justice.gov/atr/report-violations or email the GSA Office of Inspector General at [email protected].
Ocean County Man Charged with Sexual Exploitation of Minor, Online Enticement of Minor and Receipt of Child PornographyRead the Press Release
TRENTON, N.J. – An Ocean County, New Jersey, man was charged today with online enticement to produce, as well as receipt of, images of child sexual abuse, U.S Attorney Craig Carpenito announced.
Samuel Schwinger, 34, of Lakewood, New Jersey, is charged by complaint with one count each of sexual exploitation of a minor, online enticement of a minor to produce child pornography and receipt of child pornography. Schwinger is already in custody on state charges; his initial appearance will be scheduled for a later date.
According to documents filed in this case and statements made in court:
Schwinger met an underage girl through an online social media application while he purported to be an underage girl. Schwinger asked the girl to send him sexually explicit videos through the application and directed her to produce certain images in the videos. During his communications with the victim, Schwinger also sent her sexually explicit videos claiming to be the girl depicted in those videos.
The charge of online enticement carries a maximum statutory penalty of life in prison, a mandatory minimum prison sentence of 10 years and a maximum fine of $250,000. The charge of sexual exploitation of a child carries a mandatory minimum penalty of 15 years in prison, a maximum potential penalty of 30 years in prison and a $250,000 fine. The receipt of child pornography carries a mandatory minimum sentence of five years in prison, a maximum potential penalty of 20 years in prison, and a $250,000 fine.
U.S. Attorney Carpenito credited special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Brian Michael in Newark; the Ocean County Prosecutor’s Office, under the direction of Prosecutor Bradley D. Billhimer; and the Lakewood, New Jersey, Police Department under the direction of Chief Gregory Meyer with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Michelle Gasparian of the U.S. Attorney’s Office’s Criminal Division in Trenton.
The charges and allegations contained in the complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Nebraska Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that an Omaha, Nebraska, man convicted of Failure to Register as a Sex Offender was sentenced on September 23, 2019, by U.S. District Judge Karen E. Schreier.
Kenneth Ray Dandridge, age 36, was sentenced to 33 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Dandridge was indicted by a federal grand jury on May 6, 2014. He pled guilty on June 28, 2019.
The conviction stems from Dandridge failing to register as a sex offender as required by federal law between April 20, 2011, and May 6, 2014. Dandridge had previously been convicted of a sex offense in federal court, which requires him to register for the rest of his life.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Dandridge was immediately turned over to the custody of the U.S. Marshals Service.
Naval Officer Indicted on Transportation and Enticement of a Minor, Child Pornography ChargesRead the Press Release
PROVIDENCE – A retired U.S. Navy Lieutenant Commander most recently stationed at the Naval War College in Newport, RI, was indicted by a federal grand jury in Providence, RI, today on charges he allegedly transported and enticed a minor to engage in illicit sexual conduct, and that he distributed, received, and possessed child pornography all while actively serving and following his retirement from active service with the U.S. Navy.
Ronald W. Zenga, 49, of Middletown, RI, who retired from the U.S. Navy in October 2017, was indicted today on two counts of enticement or coercion of a minor to engage in illicit sexual activity and one count each of transportation of a minor with intent to engage in illicit sexual activity, interstate travel with intent to engage in illicit sexual conduct, distribution of child pornography, receipt of child pornography, and possession of child pornography, announced United States Attorney Aaron L. Weisman, Homeland Security Investigations Acting Special Agent in Charge Jason Molina, and Superintendent of the Rhode Island State Police Colonel James M. Manni.
It is alleged that Zenga repeatedly coerced a minor to engage in illicit sexual activity, and transported a minor across state lines from Rhode Island to Texas, Florida and Cuba with the intent to engage in illicit sexual conduct.
According to court documents and information provided to the Court, in September 2018, Homeland Security Investigations (HSI) agents in Providence received information from the Bedfordshire Police Department (BPD) in the United Kingdom that an individual, later identified by HSI as Zenga, was allegedly communicating with a BPD agent through a Russian file sharing website. According to the BPD, the communications allegedly graphically described ongoing sexual encounters with a young minor child. It is alleged that Zenga described several years of sexual encounters with a child, dating back to the child’s prepubescent years.
On October 17, 2018, HSI agents and members of the Rhode Island State Police Internet Crimes Against Children Task Force executed a federal court authorized search of Zenga’s Middletown residence. Forensic previews of Zenga’s electronic devices resulted in the discovery of emails and files of child pornography allegedly shared, received and possessed by Zenga.
Following the search of his residence, Zenga was arrested and detained in federal custody on a criminal complaint charging him with access with the intent to view child pornography, and receipt and possession of child pornography.
The ongoing investigation resulted in the return today of a seven-count indictment.
A criminal complaint and an indictment are merely an accusations. A defendant is presumed innocent unless and until proven guilty.
Each count of enticement or coercion of a minor to engage in illicit sexual activity and transportation of a minor with intent to engage in illicit sexual activity are punishable by statutory penalties of 10 years to life in federal prison followed by 5 years to lifetime supervised release. Interstate travel with the intent to engage in illicit sexual conduct is punishable by statutory penalties of up to 30 years in prison followed by up to lifetime supervised release. Distribution of child pornography and receipt of child pornography are punishable by statutory penalties of 5-20 years imprisonment followed by up to lifetime supervised release. Possession of child pornography is punishable by up to 10 years imprisonment and 3 years supervised release.
An arraignment date has not yet been scheduled.
The matter is being prosecuted by Assistant U.S. Attorney John P. McAdams.
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Native Mob Gang Members Arrested for Assault in Aid of Racketeering, Methamphetamine DistributionRead the Press Release
United States Attorney Erica H. MacDonald announced a federal indictment charging ROBIN LEE LUSSIER, 30, WILLARD DUANE REED III, 24, and JOSHUA ADAMS HANKS, 24, with distribution of methamphetamine and assault resulting in serious bodily injury in aid of racketeering activity.[1] LUSSIER and REED made their initial appearance today before Magistrate Judge David T. Schultz. They were ordered detained pending a detainment hearing scheduled for Thursday September 26, 2019 at 2:45 pm.
As alleged in the indictment, from December 1, 2015 through January 1, 2019, LUSSIER and REED conspired with each other and others to distribute more than 500 grams of methamphetamine. The indictment further alleges that LUSSIER and HANKS were members of the Native Mob gang, a criminal enterprise whose members and associates engage and have engaged in acts of violence, including murder, attempted murder, robbery, and assault. Finally, the indictment alleges that members and associates of the Native Mob meet regularly to discuss, among other things, acts of violence and crimes committed against rival gang members, gang rules and by-laws, law enforcement interactions, and to share with one another the identities of individuals who might be cooperating with law enforcement and propose actions to be taken against those individuals.
As alleged in the indictment, on December 5, 2018, LUSSIER and HANKS committed an assault resulting in serious bodily injury to individual, for the purposes of maintaining and increasing positions in the Native Mob gang.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Minnesota Bureau of Criminal Apprehension, the Minnesota Department of Corrections, the Drug Enforcement Administration, and Red Lake Tribal Police Department.
Assistant U.S. Attorneys Andrew R. Winter and Bradley Endicott are prosecuting the case.
Defendant Information:
ROBIN LEE LUSSIER, a/k/a Ratchet, 30
Red Lake, Minn.
Charges:
- Conspiracy to distribute methamphetamine, 1 count
- Assault resulting in serious bodily injury in aid of racketeering activity, 1 count
WILLARD DUANE REED, III, a/k/a Left, a/k/a Leftfield, 24
Bemidji, Minn.
Charges:
- Conspiracy to distribute methamphetamine, 1 count
JOSHUA ADAM HANKS, a/k/a Souless, 24
Minneapolis, Minn.
Charges:
- Assault resulting in serious bodily injury in aid of racketeering activity, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
[1] The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Missouri Man Pleads Guilty to Attempting to Provide Material Support to ISISRead the Press Release
A Columbia, Missouri, man pleaded guilty in federal court yesterday to his role in making preparations to launch a terrorist attack with persons he believed were members of the Islamic State of Iraq and al-Sham (ISIS), but who were actually undercover law enforcement employees.
Robert Lorenzo Hester Jr., 28, pleaded guilty before U.S. District Judge Greg Kays to attempting to provide material support to a designated foreign terrorist organization.
Hester, who has been in federal custody since his arrest in February 2017, is a U.S. citizen. He was enlisted in the U.S. Army for less than a year, receiving a general discharge from service in mid-2013.
By pleading guilty, Hester admitted that, from October 2016 to Feb. 17, 2017, he attempted to provide material support to ISIS, knowing that it was a designated foreign terrorist organization that engages in terrorist activity.
According to the plea agreement, multiple confidential sources reported to the FBI that Hester had posted a variety of material on multiple social media accounts. Hester indicated that he had converted to Islam, expressed animus toward the United States, and posted photos of weapons and the ISIS flag, among other material, suggesting an adherence to radical Islamic ideology and a propensity for violence. In order to assess whether Hester posed a security threat, the FBI undertook a series of investigative steps, beginning with an examination of whether and to what extent Hester would engage directly online with confidential sources working for the FBI and, later, with FBI employees working in an undercover capacity.
FBI employees using undercover identities communicated with Hester via social media, texting and personal meetings on several occasions. In those conversations, Hester said, for example, that the U.S. government should be “overthrown,” and he suggested “hitting” the government “hard,” while noting that it would not be “a one man job.” Hester identified categories of potential targets for attack, including “oil production,” “military bases,” “federal places,” “government officials,” and “Wall Street.” Hester specified that “[a]ny government building in DC would get attention of everyone.” He said he wanted a “global jihad.” Citing his brief enlistment in the U.S. Army, Hester also claimed proficiency with “assault weapons” and said that his favorite firearm was the AK-47 rifle. Hester spoke about the perceived ease in which one could gain access to a military base.
Hester established an apparent willingness to act on the statements that he made online. An undercover FBI employee conversing online with Hester offered an in-person meeting with a like-minded “brother.” Hester agreed to meet and subsequently did meet on numerous occasions with a person who was described as, and Hester believed was, a terrorist operative – but who, in reality, was an employee of the FBI working in an undercover capacity.
In the meetings, the FBI undercover made clear to Hester that the undercover was representing a foreign terrorist organization (ISIS) and that the undercover was planning an attack that would involve multiple operatives, deploy bombs and guns, and result in mass casualties. Hester indicated through his statements and actions that he was ready and willing to participate and assist in the “plot.”
Hester obtained, at the undercover’s request, items that he was told would be used as bomb components, including boxes of roofing nails. The undercover made clear to Hester that the nails’ purpose was to maximize the number of casualties. In addition, Hester did not hesitate when the undercover showed him a cache of three machine guns and two handguns that would be used in the “attack,” and two pipes that would be used to construct the “bombs.” In fact, in the days after seeing this display, which was arrayed in the rear compartment of the undercover’s SUV, Hester provided information on storage units that could be used to hold the weapons and agreed to obtain additional supplies for the operation.
As the plea agreement cites in greater detail, throughout the investigation, Hester expressed his interest in and exhibited his willingness to commit violence in support and on behalf of ISIS.
Under the terms of the plea agreement, the government anticipates recommending a sentence of 20 years in federal prison, which is the maximum penalty for this offense. Hester may not seek a sentence below 15 years’ imprisonment. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Brian P. Casey and David Raskin and Trial Attorney Jennifer Levy of the National Security Division’s Counterterrorism Section. It was investigated by the FBI.
Mexican Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Jose Guadalupe Flores-Ayala, age 50, and a citizen of Mexico, was sentenced today to time served (1 month in prison) for illegally re-entering the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
Flores-Ayala has been arrested six times for being illegally present in the United States.
On August 24, 2019, he was encountered and arrested by an ICE Officer in Ballston Spa, New York. A fingerprint check of Flores-Ayala resulted in the discovery of the prior arrests and removals from the United States.
Following his sentencing, Flores-Ayala was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Member of Bank Fraud Conspiracy Admits Role in Multimillion-Dollar Loan SchemeRead the Press Release
NEWARK, N.J. – A New York man today admitted participating in a scheme that involved the creation of false documentation to secure over $4 million in bank loans, U.S. Attorney Craig Carpenito announced.
Raymundo Torres, 35, of New York City, pleaded guilty before U.S. District Judge Kevin McNulty to an information charging him with one count of conspiracy to commit bank fraud.
According to documents filed in this case and statements made in court:
Between March 2016 and May 2018, Cash Flow Partners LLC, a business consulting firm with offices in New York and New Jersey, released internet advertisements and held seminars offering to assist customers in obtaining bank loans, including loans insured by the Federal Deposit Insurance Corporation (FDIC). When customers submitted documentation supporting their bank loan applications to Cash Flow Partners, Torres and others created false documentation to make customers’ loan applications appear more financially viable than they actually were. Employees at Cash Flow Partners falsified payroll records by including fictitious financial and employment information, such as fake jobs, on template payroll forms and IRS tax forms. Victim banks sustained losses of over $4 million.
The conspiracy to commit bank fraud charge carries a maximum potential penalty of 30 years in prison and a $1 million fine. Sentencing is scheduled for Jan. 8, 2020.
Individuals who believe they may have information about this case may contact the FBI at 1-800-CALL-FBI (225-5324).
U.S. Attorney Carpenito credited special agents of the FDIC-Office of the Inspector General (FDIC-OIG), under the direction of Special Agent in Charge Patricia Tarasca in New York, and special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorneys Stephen Ferketic of the Opioids Unit and Ari B. Fontecchio of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
Defense counsel: Joshua P. Cohn Esq., Saddle Brook, New Jersey
Meat Packing Plant Execs Plead Guilty to Selling $1 Million in Adulterated Ground Beef to Federal Bureau of PrisonsRead the Press Release
Two meat packing plant executives today pleaded guilty to their role in a scheme to sell more than $1 million of adulterated meat — including whole cow hearts labeled as “ground beef” — to the Federal Bureau of Prisons, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
West Texas Provisions, Inc. president Jeffery Neal Smith, 49, and operations manager Derrick Martinez, 43, pleaded guilty to conspiracy to defraud the United States before Magistrate Judge Lee Ann Reno Tuesday afternoon.
According to plea papers, the defendants admitted to selling more than 775,000 pounds of uninspected, misbranded, or adulterated meat to 32 prison institutions in 18 states, for which BOP paid $1,011,166.72.
In violation of the Federal Meat Inspection Act, West Texas Provisions marketed its products as USDA inspected when, in fact, it was processed without inspection, defendants admitted.
Plea papers indicate the company processed whole cow hearts — not permitted in ground beef products — and labeled it “ground beef.” They kept the whole hearts offsite until inspectors left the premises, then processed the hearts on nights and weekends, when inspectors weren’t working.
They often kept the lights off inside the facility while processing uninspected meat, hid uninspected meat in the freezer while inspectors were in the building, and distracted inspectors from looking at the product, they admitted.
Both Mr. Smith and Mr. Martinez face up to five years in prison. A sentencing date has not yet been set.
The Department of Justice Office of Inspector General and the Department of Agriculture Office of Inspector General conducted the investigation. Assistant U.S. Attorney Sean Taylor is prosecuting the case.
Maryland Fentanyl and Heroin Dealer Sentenced Today to 9 Years in Federal Prison for Federal Drug ChargesRead the Press Release
Baltimore, Maryland – U.S. District Judge Catherine C. Blake sentenced Gari Terrell Miller, age 39, of Clinton, Maryland, to 9 years in federal prison, followed by four years of supervised release, for conspiracy to distribute and possess with intent to distribute fentanyl, and to possession with intent to distribute fentanyl. Miller was one of the first defendants charged as part of the new federal-state initiative announced in December 2018 to combat the fentanyl crisis in Maryland.
Under this new initiative, titled the “Synthetic Opioid Surge,” or “SOS” for short, every arrest involving distribution of fentanyl made by law enforcement in Baltimore is reviewed jointly by the State’s Attorney’s Office for Baltimore City, the Drug Enforcement Administration, and the U.S. Attorney’s Office to determine whether the case will be handled in the state or federal system. The U.S. Attorney’s Office will prosecute more cases involving fentanyl as a result of this new program. The use of federal resources and statutes, which carry significant terms of imprisonment, is necessary to prosecute those individuals who pose the greatest threat to public safety in distributing lethal doses of fentanyl.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office; and Colonel Woodrow Jones, Chief of the Maryland Transportation Authority Police.
“Law enforcement partners are working together to arrest and prosecute those who peddle deadly fentanyl on our streets and in our neighborhoods,” said U.S. Attorney Robert K. Hur. “Drug traffickers are on notice that dealing in fentanyl increases their odds of federal prosecution. People are dying from fentanyl overdoses in Baltimore City and throughout Maryland. We must do everything we can to reduce overdose deaths from this drug and from all opioids.”
According to his plea agreement, on April 12, 2018, a Maryland Transportation Authority Police officer conducted a traffic stop near Conway Street in Baltimore, after observing Miller drifting between lanes and turning onto Conway Street without signaling. During the stop, the officer smelled marijuana. After the officer conducted a sobriety test, he searched Miller and recovered approximately $740 in cash and a white powdery substance that was 49 grams of fentanyl—enough to kill 24,500 people. Law enforcement also recovered from Miller’s vehicle $3,300 in cash bound with rubber bands, and a drug ledger listing weights, names, and dollar amounts. The ledger reflects, and Miller admits, that he sold 832 grams of heroin.
Miller further admitted that he conspired with others to distribute fentanyl and heroin in Maryland. Miller had others assisting him with distributing narcotics and collecting the drug proceeds.
United States Attorney Robert K. Hur commended DEA and Maryland Transportation Authority Police for their work in the investigation and thanked Baltimore State’s Attorney Marilyn Mosby and her office for their assistance. Mr. Hur thanked Assistant U.S. Attorney Samika N. Boyd, who prosecuted the case.
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Man Convicted of Hobbs Act Robbery and Firearm CrimesRead the Press Release
NEWPORT NEWS, Va. – A federal jury convicted a Newport News man late yesterday on charges of Hobbs Act robbery and possession of a firearm in furtherance of a crime of violence.
According to court records and evidence presented at trial, Antoine Dion Harris, aka “Fattwan,” 31, robbed a Hampton ABC Liquor Store in February 2019. Harris walked into the store, picked up a bottle of Hennessey liquor from the shelf, and before the victim could ring up the purchase, Harris pulled out a black handgun, pointed it at the victim and told her that she had 30 seconds to give him all of her money before he began counting down. The victim complied with Harris’s demands and Harris ultimately got away with $88 and the bottle of Hennessey.
Harris faces a mandatory minimum of seven years and a maximum of life in prison when sentenced on Jan. 14, 2020. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case is 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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Terry L. Sult, Chief of Hampton Police Division, and Steve R. Drew, Chief of Newport News Police, made the announcement after Senior U.S. District Judge Rebecca Beach Smith accepted the verdict. Special Assistant U.S. Attorney Kristen S. Taylor and Assistant U.S. Attorney Peter G. Osyf prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:19-cr-65.
Mescalero Apache Man Sentenced to 137 Months for Federal Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Stanislaus Venego III, 34, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced yesterday morning (Sept. 19, 2019) in federal court in Las Cruces, N.M., to 137 months of imprisonment for his conviction on a voluntary manslaughter charge. Venego will be on supervised release for three years after completing his prison sentence.
On March 11, 2019, Venego pled guilty to an indictment charging him with voluntary manslaughter. In his plea agreement, Venego admitted that on April 28, 2018, he punched and kicked the victim multiple times upon a sudden quarrel and in the heat of passion, and that the victim died as the result of the injuries he sustained. The incident occurred on the Mescalero Apache Reservation in Otero County, N.M.
The case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services, and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Media AdvisoryRead the Press Release
United States Attorney Mike Stuart to Hold Press Conference in Huntington Tomorrow
CHARLESTON, W.Va. – United States Attorney Mike Stuart, joined by federal, state and local law enforcement officials, will hold a press conference in Huntington on Wednesday, September 25, 2019 at 3:00 p.m. to discuss major law enforcement actions.
Where: Sidney L. Christie Federal Building
845 Fifth Avenue
Huntington, WV
When: Wednesday, September 25, 2019 @ 3:00 p.m.
Follow us on Twitter: SDWVNews
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Local man pleads guilty to creating child pornography through sexual abuse of toddlerRead the Press Release
DAYTON – A Miami Township man pleaded guilty in U.S. District Court to creating and distributing child pornography of the sexual abuse of a two-year-old.
Travis E. Walker, 36, was indicted by a federal grand jury in May 2018 and offered a guilty plea before U.S. Magistrate Judge Sharon L. Ovington on September 23.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Todd A. Wickerham, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, Montgomery County Sheriff Phil Plummer, Montgomery County Prosecutor Matthias H. Heck, Jr., and Miami Township Police Chief Ronald L. Hess announced the plea.
According to court documents, beginning in at least January 2018 and continuing through May 2018, Walker sexually abused a toddler victim and produced at least 12 pornographic images on his cell phone.
In May 2018, Walker distributed five of the child pornography files he produced to an undercover FBI task force officer via the Kik Messenger app.
Producing child pornography is punishable by 15 to 30 years in prison. Distributing child pornography carries a potential sentence of five to 20 years in prison.
The plea agreement includes a global resolution involving state charges in Montgomery County Court of Common Pleas, including three counts of rape of a person under 13 years of age and four counts of gross sexual imposition of a person under 13 years of age. The Montgomery County Prosecutor’s Office will recommend that Walker serve his federal prison sentence concurrent to state imprisonment.
U.S. Attorney Glassman commended the investigation of this case by the FBI, Montgomery County Sheriff’s Office RANGE Task Force and Miami Township Police, as well as Assistant United States Attorney SaMee Harden, who is prosecuting the case. Assistant Montgomery County Prosecutors Kelly D. Madzey and Jonathan W. Sauline are prosecuting the related state charges.
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Kouts, Indiana Man SentencedRead the Press Release
SOUTH BEND - Michael Thomas, age 42, of Kouts, Indiana, was sentenced before United States District Court Judge Jon E. DeGuilio for four counts of mail fraud, announced U.S. Attorney Kirsch.
Thomas was sentenced to 90 months in prison followed by one year of supervised release. Thomas was charged in 2018 with four counts of mail fraud for his role in a scheme to defraud insurance companies by arson fires. On September 28, 2018, a jury found him guilty of all counts. Today, the Court also ordered him to pay restitution to State Farm Insurance Company in the amount of $426,227.31 and Foremost Insurance Company in the amount of $115,522.27.
According to documents in this case, from 2004 through 2013, Thomas and others executed a scheme to defraud insurance companies by setting fires to mobile homes in a mobile home park located in North Judson, Indiana. Thomas and associates submitted insurance claims immediately after the fires resulting in insurance payouts totaling $616,749.58. The first fire occurred at 2691 Julia Drive on September 17, 2004, a mobile home owned and occupied by Thomas. In November 2010, several more fires occurred: a home and garage owned by Thomas and his wife at 5081 South 275 West Street; a home at 5326 South A Street; and two unoccupied mobile homes not owned by Thomas at 2729 West Airstream Court and 5370 Holiday Street. In the early part of 2013, still another mobile home owned by Thomas caught fire located at 5101 South 275 West. Finally, on April 16, 2013, firefighters extinguished a fire at Mr. Thomas’ 2691 Julia Drive property, but firefighters needed to return several hours later to extinguish another fire at the home.
This case was investigated by the United States Postal Inspection Service with the assistance of the Indiana State Fire Marshal and the Indiana State Police. The case was tried by former Assistant U.S. Attorney Jesse Barrett, and later handled by Assistant U.S. Attorney Kenneth Hays
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Kansas Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Wichita, Kansas, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on September 23, 2019, by U.S. District Judge Charles B. Kornmann.
Steven Ward McMullen, Jr., age 45, was sentenced to 130 months in federal prison, followed by 5 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
McMullen was indicted by a federal grand jury on August 13, 2018. He pled guilty on June 4, 2019.
The conviction stemmed from a conspiracy beginning on or about January 25, 2018, and continuing to on or about August 13, 2018, where McMullen, knowingly and intentionally, combined, conspired, confederated, and agreed with persons to knowingly and intentionally distribute and possess with intent to distribute 500 grams or more of methamphetamine on the Standing Rock Sioux Indian Reservation.
This case was investigated by the Mobridge Police Department, the Bureau of Indian Affairs, the Corson County Sherriff’s Office, the Mandan, North Dakota Police Department, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
McMullen was immediately turned over to the custody of the U.S. Marshals Service.
Jury Finds Brooklyn Man Guilty of Conspiracy and Attempt to Provide Material Support to ISISRead the Press Release
Today, a jury in Brooklyn returned a verdict finding Dilkhayot Kasimov, a citizen of Uzbekistan and resident of Brooklyn, guilty of conspiracy and of attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (ISIS). The verdict followed a one-week trial before United States District Judge William F. Kuntz, II. When sentenced, Kasimov faces up to 30 years’ imprisonment.
Richard P. Donoghue, United States Attorney for the Eastern District of New York; John C. Demers, Assistant Attorney General for National Security; William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the verdict.
“As found by the jury today, Kasimov was part of a conspiracy in which he sought to help fund a foreign fighter’s travel and expenses in Syria to wage violent jihad,” stated United States Attorney Donoghue. “The Department of Justice and our law enforcement partners will continue working relentlessly to protect our country from those who would provide support to terrorists seeking to harm the United States and its allies.” Mr. Donoghue expressed his grateful appreciation to Homeland Security Investigations, New York Field Office, for its assistance during the investigation.
“Dilkhayot Kasimov worked to support ISIS, including by collecting and giving money to another individual to fund his travel to join the terrorist group,” stated Assistant Attorney General Demers. “The jury has held Kasimov accountable for his crimes. The National Security Division is committed to help defend the nation against foreign terrorist groups and those who support them. I would like to thank all of the agents, analysts and prosecutors who are responsible for this case.”
“This verdict should serve as a warning to those who provide support of any kind to foreign terrorist organizations and their sympathizers,” stated FBI Assistant Director-in-Charge Sweeney. “Today, Kasimov joins a growing list of individuals facing significant jail time for their efforts to fund or carry out acts of terror. The public should know that the FBI continues to make every effort to protect Americans at home and abroad, and we’ll continue to work with our international partners to mitigate the threat posed by terrorists and would-be terrorists worldwide.”
“This case highlights how vital our work is in intercepting and halting those among us who remain willing to support the terrorism that threatens innocent lives,” stated NYPD Commissioner O’Neill. “It shows our commitment to remaining vigilant, with our law enforcement partners, against all forms of terrorist threats around the world and here at home.”
The evidence at trial established that Kasimov’s co-conspirators, Abdurasul Juraboev and Akhror Saidakhmetov, planned to travel to Syria to fight on behalf of ISIS, and Kasimov provided money – his own and cash collected by others – to help fund Saidakhmetov’s travel and expenses. On the evening of Saidakhmetov’s scheduled departure in February 2015, Kasimov drove to John F. Kennedy International Airport, met Saidakhmetov at Terminal 7 and handed him $1,600 in cash on behalf of himself, co-conspirator Abror Habibov and others.
Co-conspirators Juraboev, Saidakahmetov and Habibov, as well as co-conspirators Akmal Zakirov and Azizjon Rakhmatov, have previously pleaded guilty to the conspiracy to provide material support to ISIS. Juraboev and Saidakahmetov were each sentenced to 15 years’ imprisonment. Habibov, Zakirov and Rakhmatov are awaiting sentencing.
The government’s case is being handled by the Office’s National Security & Cybercrime Section. Assistant United States Attorneys Douglas M. Pravda, David K. Kessler and J. Matthew Haggans are in charge of the prosecution, with assistance provided by Trial Attorney Steven Ward of the National Security Division’s Counterterrorism Section.
The Defendant:
DILKHAYOT KASIMOV
Age: 31
Brooklyn, New YorkE.D.N.Y. Docket No. 15-CR-95 (S-3)(WFK)
Judge Sends Gun Carrying Heroin Dealer to Federal PrisonRead the Press Release
PITTSBURGH - A former resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to seven years and six months (90 months) of incarceration on his conviction for violating federal firearms and drug laws, United States Attorney Scott W. Brady announced today.
Chief United States District Judge Mark R. Hornak imposed the sentence on Maurice Dewayne Tinsley, Jr.
According to information presented to the court, law enforcement officers working with the Drug Enforcement Administration executed a search warrant at Tinsley’s residence on July 15, 2016 and located numerous stamp bags of heroin, pistols, ammunition, cellphones and $14,400 in cash. Court records show that Tinsley had previous felony convictions for illegally possessing a firearm (2010) and also for heroin trafficking (2012) in the Allegheny County Court of Common Pleas. Judge Hornak also ordered the defendant to forfeit all of the money seized by the DEA.
Prior to imposing sentence, Judge Hornak noted the "toxic" and "deadly" effect that guns and drugs have on society.
Assistant U.S. Attorney Ross E. Lenhardt and Special Assistant U.S. Attorney Chad R. Parks of the Beaver County District Attorney’s Office prosecuted this case on behalf of the government.
United States Attorney Brady commended the DEA and their many state and local law enforcement partners from the Pennsylvania State Police, the Penn Hills Police Department, the Canonsburg Police Department, the Donora Police Department, the Robinson Township Police Department, the Coraopolis Police Department, and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Tinsley.
Iranian Citizen Sentenced for Conspiring to Facilitate the Illegal Export of Technology to IranRead the Press Release
Assistant Attorney General of National Security John C. Demers and United States Attorney Erica H. MacDonald for the District of Minnesota today announced the sentencing of Negar Ghodskani, 40, to 27 months in prison for her participation in a conspiracy to facilitate the illegal export of controlled technology from the United States to Iran. Ghodskani, who pleaded guilty on Aug. 9, 2019, was sentenced this morning before United States District Judge Joan N. Ericksen in Minneapolis, Minnesota.
According to the defendant’s guilty plea, Ghodskani assisted in establishing and operating Green Wave Telecommunication, Sdn Bhn, (Green Wave) a Malaysian company located in Kuala Lumpur, Malaysia. Since its incorporation in 2009, Green Wave operated as a front company for Fanavar Moj Khavar (Fana Moj), an Iran-based company that specializes in both broadcast communications, microwave communications as well as in the production of digital video broadcasting equipment. Fana Moj supplies microwave radio systems and wireless broadband access in Iran. Fana Moj’s principal customer was the Islamic Republic of Iran Broadcasting (IRIB), which is owned by the Government of Iran.
According to the defendant’s guilty plea and documents filed in court, from 2008 until 2011, Ghodskani, who was based in Tehran, falsely represented herself as an employee of Green Wave to U.S. Companies in order to acquire unlawfully sensitive export controlled technology from the United States on behalf of Fana Moj. In order to accomplish these acquisitions, Ghodskani and her co-conspirators concealed the ultimate unlawful destination and end users of the exported technology through false statements, unlawful financial transactions, and other means. Further, as part of the conspiracy, the defendant’s co-conspirators would contact producers and distributors of the sought-after technology, solicit purchase agreements, and negotiate the purchase and delivery of the goods with the seller.
Both the IRIB and Fana Moj have been designated by the United States Department of the Treasury as a Specially Designated National for providing financial, material, technological or other support for, or goods or services in support of, the Islamic Republic of Iran Broadcasting (IRGC).
This case is the result of an investigation conducted by the FBI, the U.S. Department of Commerce Office of Export Enforcement, and Homeland Security Investigations.
This case is being prosecuted by Assistant U.S. Attorney Charles J. Kovats and Trial Attorney David Recker of the National Security Division’s Counterintelligence and Export Control Section.
Iranian Citizen Sentenced for Conspiring to Facilitate the Illegal Export of Technology to IranRead the Press Release
Assistant Attorney General of National Security John C. Demers and United States Attorney Erica H. MacDonald for the District of Minnesota today announced the sentencing of Negar Ghodskani, 40, to 27 months in prison for her participation in a conspiracy to illegally export controlled technology from the United States to Iran. Ghodskani, who pleaded guilty on Aug. 9, 2019, was sentenced this morning before United States District Judge Joan N. Ericksen in Minneapolis, Minnesota.
According to the defendant’s guilty plea, Ghodskani assisted in establishing and operating Green Wave Telecommunication, Sdn Bhn, (“Green Wave”) a Malaysian company located in Kuala Lumpur, Malaysia. Since its incorporation in 2009, Green Wave operated as a front company for Fanavar Moj Khavar (“Fana Moj”), an Iran-based company that specializes in both broadcast communications, microwave communications as well as in the production of digital video broadcasting equipment. Fana Moj supplies microwave radio systems and wireless broadband access in Iran. Fana Moj’s principal customer was the Islamic Republic of Iran Broadcasting (IRIB), which is controlled by the Government of Iran.
According to the defendant’s guilty plea and documents filed in court, from 2008 until 2011, Ghodskani, who was based in Tehran, falsely represented herself as an employee of Green Wave to U.S. Companies in order to acquire unlawfully sensitive export controlled technology from the United States on behalf of Fana Moj. In order to accomplish these acquisitions, Ghodskani and her co-conspirators concealed the ultimate unlawful destination and end users of the exported technology through false statements, unlawful financial transactions, and other means. Further, as part of the conspiracy, the defendant’s co-conspirators would contact producers and distributors of the sought-after technology, solicit purchase agreements, and negotiate the purchase and delivery of the goods with the seller.
Both the IRIB and Fana Moj have been designated by the United States Department of the Treasury as a Specially Designated National for providing financial, material, technological or other support for, or goods or services in support of, the Islamic Republic of Iran Broadcasting (IRGC).
This case is the result of an investigation conducted by the FBI, the U.S. Department of Commerce Office of Export Enforcement, and Homeland Security Investigations.
This case is being prosecuted by Assistant U.S. Attorney Charles J. Kovats and Trial Attorney David Recker of the National Security Division’s Counterintelligence and Export Control Section.
Defendant Information:
NEGAR GHODSKANI, 40
Citizen of Iran
Convicted:
- Conspiracy to defraud the United States, 1 count
Sentenced:
- 27 months in prison
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United States Attorney’s Office, District of Minnesota: (612) 664-5600Hartland Man Pleads Guilty to Federal Explosives ChargeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that DAVID BOURNE, 37, of Hartland, pleaded guilty today in Hartford federal court to an explosives offense.
According to court documents and statements made in court, on December 6, 2018, Connecticut State Police responded to Rory Mocarsky’s residence in Hartland after reports of gunfire and explosions at the property, and after viewing a YouTube video showing Mocarsky and Bourne engaged in activities involving firearms and explosives. A search of the property revealed an 8mm rifle, three .22 caliber rifles, a suspected homemade silencer, ammunition, a suspected improvised explosive device (“IED”), suspected post-blast IED devices and fragments, suspected explosive materials, and other electronic devices. A related search of a location in the Tunxis State Forest in East Hartland, where Mocarsky and Bourne had recorded explosions, revealed metal fragments, a section of PVC pipe, and PVC pipe fragments from a suspected IED.
On January 2, 2019, Bourne threw a pipe bomb, which he constructed, into the back of a victim’s truck, where it exploded.
Bourne was arrested on May 9, 2019.
Bourne pleaded guilty to one count of possession of an unregistered destructive device, which carries a maximum term of imprisonment of 10 years. He is scheduled to be sentenced by U.S. District Judge Michael P. Shea on December 17, 2019.
Bourne is released on a $50,000 bond pending sentencing.
On July 2, 2019, Mocarsky pleaded guilty to one count of possession of firearms by a convicted felon. He is scheduled to be sentenced on December 18, 2019.
This matter is being investigated by the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco Firearms and Explosives, and Connecticut State Police. The cases are being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Grand jury indicts 18 in Mexico-to-Ohio heroin, money laundering & immigration document conspiraciesRead the Press Release
COLUMBUS, Ohio – A federal grand jury has charged 18 individuals in conspiracies to distribute kilogram quantities of heroin, launder money back to Mexico and run a fake immigration identification business.
The superseding indictment was returned here yesterday and 13 of the defendants were arrested in Central Ohio today. Custody will be sought for five defendants in California.
According to the 16-count indictment, Diego Ernesto Castaneda-Garcia was allegedly the leader of a drug trafficking organization that received imported heroin from Mexico, repackaged it into user quantities and sold it to heroin users in and around Central Ohio.
It was further a part of the alleged drug conspiracy that defendants would arrange for workers to be smuggled into the United States from Mexico for arrival in Central Ohio to distribute heroin.
Co-conspirators allegedly packaged heroin into foil balls called “fechas” – which roughly translates to “coins” in English – containing 1/10th of a gram of narcotics. Heroin was sold to users in public parking lots by “runners” who charged $100 for a group of 15 coins.
The indictment details that one co-conspirator would act as a dispatcher taking calls and coordinating runners. Other defendants would arrange for apartments to rent for the runners to live in and purchase vehicles for runners. Other co-conspirators would create fake identification documents for the workers, including drivers licenses, permanent resident alien cards and Social Security cards. It was also a part of the alleged drug conspiracy that individuals would register automobiles and license tags in false names or in the name of a U.S. citizen in order to avoid the attention of law enforcement.
Defendants allegedly wired money on multiple occasions from storefronts in Columbus to Nayarit, Mexico.
“Special Agents with HSI and our local, state and federal partners have once again taken down a sophisticated international drug trafficking operation, suspected of untold harm in our community,” said Vance Callander, special agent in charge of HSI for Michigan and Ohio. “This organization went to great lengths to conceal their activities from law enforcement. However, today’s arrests demonstrate that HSI and our partners will be unyielding in our efforts to take down those who seek to profit from poisoning our community.”
“Drug dealers that distribute heroin run complex trafficking operations, concealing their crimes in attempts to evade justice – until they are overwhelmed by law enforcement fighting back to protect our communities,” Ohio Attorney General Yost said. “I’m proud of the work done by the Bureau of Criminal Investigations and our partners in this operation.”
According to the indictment, a group associated with the drug traffickers was involved in the business of creating fake identification documents. This was for members of the drug trafficking group as well as members of the public who were purchasing driver’s licenses, lawful permanent resident cards and U.S. Social Security cards. The business was called “Chilango’s Perfumes” and perfumes was allegedly used as a code word for fake documents. Customers allegedly paid $120 for a “full set” – a Social Security card and resident alien card.
For example, Julia Martinez-Alvarez received a phone call from a Spanish-speaking female on August 15 who said, “I was calling you because I wanted perfume.”
Martinez-Alvarez allegedly responded, “Of course. To place your order, I need a frontal photo, with the hair up, no earrings, no glasses. Send me the photo, name, date of birth and nationality…”
Those charged include:
Name
Also Known As
Victor Daniel Torres-Lopez
Diego Ernesto Castaneda-Garcia
Neto, Mariachi, El Musican, Jorge Alonso Casillas-Guillen, Jose Alberto Carbajal, Sergio Castaneda-Garcia, Jose Salas Carbajal, Oscar Silva-Santiago
Angel Moises Castaneda-Garcia
Moi, Moises
Jose Narciso Acuna-Zepeda
Chucky
Javier Eduardo Acuna-Zepeda
Lalo, Guaranieve, Huijolo
Omar Fernando Chavez-Andrade
Contador
Julia Martinez-Alvarez
Sandra Rodriguez-Rosa, Sandra Yvette Rodrigruez-Rosa, Julie Martinez-Albarado, Lusero Gonzales, Lori Michelle Willet, Emma Gonzalez
Jennifer Esmeralda Rodriguez-Martinez
Tonie Michelle Rondrekia Scott
Michael P. Uccello
Serena Esclante
Delander Edward Moore, Jr.
Luis Enrique Diaz-Castillo
Chaz A. Holland
Tesla M Yant
Juan Manuel Alfaro-Alvarez
Manuel
Adriana Gabriela Salazar-Martinez
Maria Esther Rosario
Maria Jorge, Dember O. Hernandez, Pablo Tadeo Salgado, Maria Gabriela Ramos Martinez
Charged in heroin conspiracy punishable by up to life in prison.
Conspiring to possess with intent to distribute one kilogram or more of heroin is a federal crime punishable by up to life prison. Laundering and conspiring to launder money, conspiring to create and creating fraudulent identification documents are each crimes punishable by up to 10 years in prison.
U.S. Attorney Glassman commended the cooperation of federal, state and local law enforcement, both in investigating this case and executing multiple arrests today.
Those agencies include:
U.S. Homeland Security Investigations (HSI)
Delaware County Sheriff’s Office
Ohio Attorney General’s Bureau of Criminal Investigations (BCI)
IRS Criminal Investigation
Dublin Police Department
Ohio State Highway Patrol
Westerville Police Department
Delaware Police Department
Ohio National Guard Counter Drug Task Force
U.S. Border Patrol
United States Marshals Service
Columbus Division of Police
U.S. Customs and Border Protection Air and Marine Unit
Federal Bureau of Investigation (FBI)
Franklin County Sheriff’s Office
ICE Enforcement and Removal Operations
Assistant United States Attorneys Timothy D. Prichard and Special Assistant United States Attorney Roger Dinh are prosecuting the case.
An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.
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Four doctors charged in southern district of Ohio as part of second Appalachian region prescription opioid takedownRead the Press Release
CINCINNATI – The Justice Department announced today the second coordinated law enforcement action of the Appalachian Region Prescription Opioid (ARPO) strike force, including four cases in the Southern District of Ohio.
Today’s takedown resulted in charges against 13 individuals total across five Appalachian federal districts for alleged offenses relating to the over prescription of controlled substances through “pill mill” clinics. Of those charged, 12 were charged for their role in unlawfully distributing opioids and other controlled substances and 11 were physicians. The alleged conduct resulted in the distribution of more than 17 million pills.
This action follows the first such takedown in April of this year, which involved charges against 60 defendants, including 53 medical professionals, in 11 federal districts, alleging the illegal distribution of more than 23 million pills. The charges brought in April have already resulted in 11 guilty pleas in seven federal districts, including guilty pleas by nine medical professionals, including seven physicians.
“We said in April that the ARPO strike force was not a one-and-done spectacle, but an enduring commitment to stamp out opioid trafficking by prescription pad. We meant it,” said U.S. Attorney Benjamin C. Glassman. “It’s thanks to the partnership between U.S. Attorney’s offices, the Criminal Division and our law enforcement partners that the United States is able to investigate and prosecute not only medical professionals who are allegedly acting as drug dealers, but also the myriad other malefactors who have contributed—and are contributing—to the opioid epidemic.”
In the Southern District of Ohio, four medical professionals were charged, including three medical doctors and one doctor of osteopathy, in connection with several alleged “pill mill” controlled substance diversion and/or health care fraud schemes.
Troy Balgo, D.O., 53, of Saint Clairsville, the elected county coroner of Belmont County, was charged with one count of health care fraud, one count of conspiracy to commit health care fraud, six counts of unlawful distribution of controlled substance and one count of conspiracy to commit unlawful distribution of controlled substances.
Balgo allegedly caused and/or conspired with others to cause submissions for health care services that he did not perform, and prescribed controlled substances while he was out of the state or country. Balgo is the owner and operator of two medical clinics in St. Clairsville.
George Griffin, M.D., 70, of Cincinnati, was charged with 20 counts of distribution of controlled substances for his alleged participation in the unlawful prescription of controlled substances outside of the course of professional practice and without a legitimate medical purpose. Griffin owns and operates a solo medical practice in Cincinnati.
Thomas Romano, M.D., 69, of Wheeling, West Virginia, was charged with 20 counts of diversion of controlled substances for his alleged participation in the unlawful prescription of controlled substances outside of the course of professional practice and without a legitimate medical purpose. Romano owns and operates a solo cash-only medical practice in Martin’s Ferry, Belmont County.
Freeda Flynn, M.D., 66, of Saint Clairsville, was charged with eight counts of distribution of controlled substances, and one count of health care fraud, for her alleged participation in the unlawful prescription of controlled substances outside of the course of professional practice and without a legitimate medical purpose, and health care fraud for the submission of claims for services which were medically unnecessary and/or performed below medically-accepted standards. Flynn owns and operates a solo practice with focuses on medical and opioid addiction treatment programs in St. Clairsville.
The DEA, FBI and HHS-OIG, as well as the U.S. Department of Defense Office of Inspector General (DOD-OIG), the U.S. Department of Labor (DOL), the Ohio Attorney General’s Office, the Ohio Bureau of Worker’s Compensation and the Ohio Board of Pharmacy investigated the cases in the Southern District of Ohio. The cases are being prosecuted by Trial Attorney Christopher Jason of the Criminal Division’s Fraud Section.
An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.
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Former U.S. Army Reserve Employee Sentenced in Wire Fraud and Theft SchemeRead the Press Release
A former U.S. Army Reserve employee was sentenced today to 18 months’ imprisonment followed by three years of supervised release on charges of wire fraud and theft of government money as part of a scheme to steal more than $400,000 from the 63rd Regional Support Command at Moffett Field in Mountain View, California.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division made the announcement.
Ramon Torry, 55, of Irvine, California, was sentenced by U.S. District Court Judge Beth Labson Freeman in the Northern District of California, San Jose Division, who also ordered Torry to pay restitution in the amount of $302,982.29 and forfeiture the same amount.
According to admissions that he made during his guilty plea, Torry devised a scheme to steal money from the 63rd Regional Support Command related to a contract for the creation of a Public Service Announcement (PSA) touting the Command’s accomplishments. In February 2016, Torry began creating fake invoices for work allegedly performed by the Calfornia production company for the production of the PSA as well as for training and other services that were never performed. Torry then directed others in the Command to make payments to the company contracted to produce the PSA by both government purchase card and wire payments. Between December 2015 and October 2017, Torry directed payments from the 63rd to the production company totaling more than $414,000. He then directed Person A at the company to kick back more than $300,000 of those funds to Torry, which he converted to his own use and that of others.
The General Services Administration Office of Inspector General and the U.S. Army Criminal Investigation Command investigated the case. Trial Attorney Richard B. Evans of the Criminal Division’s Public Integrity Section is prosecuting the case. Assistant United States Attorney Marissa Harris from the Northern District of California has provided assistance with the case.
Former Pittsburgh Resident Admits to Bank RobberyRead the Press Release
PITTSBURGH, PA- A former resident of Pittsburgh pleaded guilty in federal court to a charge of bank robbery, United States Attorney Scott W. Brady announced today.
Vaughn Carter, 56, pleaded guilty to one count before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, the court was advised that on November 1, 2018, Carter, wearing a baseball hat and dark clothing, walked into the First National Bank located at 1114 E. Carson Street in the Southside area of Pittsburgh and presented a demand note to the teller, which had written on it, "This is a robbery. Give me large bills". Carter then took approximately $1,000 from the teller and fled the bank.
Judge Fischer scheduled sentencing for January 23, 2020, at 11:00 a.m. The law provides for a maximum sentence of twenty (20) years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Carter remains incarcerated pending sentencing.
Assistant United States Attorney Rebecca L. Silinski is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the City of Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Carter.
Former Intelligence Officer Convicted of Attempted Espionage Sentenced to 10 Years in Federal PrisonRead the Press Release
SALT LAKE CITY – A former Defense Intelligence Agency (DIA) officer, who pleaded guilty in March to attempting to communicate, deliver, or transmit information involving the national defense of the United States to the People’s Republic of China, will serve 10 years in federal prison. U.S. District Judge Dee Benson imposed the sentence Tuesday afternoon in Salt Lake City.
Ron Rockwell Hansen, 60, of Syracuse, Utah, was arrested June 2, 2018, on his way to the Seattle-Tacoma International Airport in Seattle, Wash., as he was preparing to board a flight to China while in possession of SECRET military information.
Hansen pleaded guilty to the lead count of a 15-count indictment returned in June 2018, charging him with attempt to gather or deliver defense information, acting as an agent of a foreign government, bulk cash smuggling, structuring monetary transactions, and smuggling goods from the United States. On the motion of federal prosecutors, the court dismissed the remaining counts of the indictment at the sentencing.
“One of three ex-US intelligence officers recently convicted of acting on behalf of the People’s Republic of China, Ron Rockwell Hansen received hundreds of thousands of dollars for betraying his country and former colleagues,” said Assistant Attorney General John C. Demers of the Department of Justice’s National Security Division. “These cases show the breadth of the Chinese government’s espionage efforts and the threat they pose to our national security. Our intelligence professionals swear an oath to protect our country’s most closely held secrets and the National Security Division will continue to relentlessly pursue justice against those who violate this oath.”
“The Chinese government continues to attempt to identify and recruit current and former members of the United States intelligence community. This is a very troubling trend. These individuals must remain vigilant and immediately report any suspicious activity. The Hansen case is an example of what will happen to those who violate the public’s trust and risk our national security by disclosing classified information,” U.S. Attorney John W. Huber said today.
“Ron Hansen was willing to betray his oath and his country for financial gain,” said Special Agent in Charge Paul Haertel of the FBI’s Salt Lake City Field Office. "This case brings to light that not all spies are foreign adversaries. Insider threats pose a significant national security risk, and the FBI will continue to aggressively investigate those who put our country and citizens at risk.”
Hansen retired from the U.S. Army as a Warrant Officer with a background in signals intelligence and human intelligence. He speaks fluent Mandarin-Chinese and Russian, according to court documents. Upon retiring from active duty, DIA hired Hansen as a civilian intelligence case officer in 2006. Hansen held a Top Secret clearance for many years and signed several non-disclosure agreements during his tenure at DIA and as a government contractor.
As Hansen admitted in the plea agreement, in early 2014, agents of a Chinese intelligence service targeted him for recruitment, and he began meeting with them regularly in China. During these meetings, the agents described to Hansen the type of information that would interest Chinese intelligence. Hansen stipulated that during the course of his relationship with Chinese intelligence, he received hundreds of thousands of dollars in compensation for information he provided them.
Between May 24, 2016, and June 2, 2018, Hansen admitted he solicited national security information from an intelligence case officer working for the DIA. Hansen admitted knowing that the Chinese intelligence services would find the information valuable, and he agreed to act as a conduit to sell that information to the Chinese. He advised the DIA case officer how to record and transmit classified information without detection, and how to hide and launder any funds received as payment for classified information. He admitted he now understands that the DIA case officer reported his conduct to the DIA and subsequently acted as a confidential human source for the FBI.
Hansen admitted meeting with the DIA case officer on June 2, 2018 and receiving individual documents containing national defense information that he had previously solicited. The documents he received were classified. The documents included national security information related to U.S. military readiness in a particular region -- information closely held by the federal government. Hansen did not possess a security clearance nor did he possess a need to know the information contained in the materials.
As a part of his plea agreement, Hansen admitted he reviewed the documents, queried the case officer about their contents, and took written notes which contained information determined to be classified. He advised the DIA case officer that he would remember most of the details about the documents he received that day and would conceal notes about the material in the text of an electronic document he would prepare at the airport before leaving for China. He admitted he intended to provide the information he received to the agents of the Chinese Intelligence Service with whom he had been meeting. He also admitted knowing that the information was to be used to the injury of the United States and to the advantage of a foreign nation.
As a part of the plea agreement, Hansen has agreed to forfeit property acquired from or traceable to his offense, including property used to facilitate the crime.
The case was handled by Assistant U.S. Attorneys Robert A. Lund, Karin Fojtik, Mark K. Vincent and Alicia Cook of the District of Utah, and Trial Attorneys Patrick T. Murphy, Matthew J. McKenzie and Adam L. Small of the National Security Division’s Counterintelligence and Export Control Section. Prosecutors from the U.S. Attorney’s Office for the Western District of Washington assisted with this case.
The prosecution is the result of an investigation by special agents of the FBI, IRS-Criminal Investigation, U.S. Department of Commerce, the U.S. Department of Defense, U.S. Army Counterintelligence, and the Defense Intelligence Agency.
Former Intelligence Officer Convicted of Attempted Espionage Sentenced to 10 Years in Federal PrisonRead the Press Release
A former Defense Intelligence Agency (DIA) officer, who pleaded guilty in March to attempting to communicate, deliver, or transmit information involving the national defense of the United States to the People’s Republic of China, will serve 10 years in federal prison. U.S. District Judge Dee Benson imposed the sentence Tuesday afternoon in Salt Lake City.
Ron Rockwell Hansen, 60, of Syracuse, Utah, was arrested June 2, 2018, on his way to the Seattle-Tacoma International Airport in Seattle, Washington, as he was preparing to board a flight to China while in possession of SECRET military information.
“One of three ex-US intelligence officers recently convicted of acting on behalf of the People’s Republic of China, Ron Rockwell Hansen received hundreds of thousands of dollars for betraying his country and former colleagues,” said Assistant Attorney General of National Security John C. Demers. “These cases show the breadth of the Chinese government’s espionage efforts and the threat they pose to our national security. Our intelligence professionals swear an oath to protect our country’s most closely held secrets and the National Security Division will continue to relentlessly pursue justice against those who violate this oath.”
“The Chinese government continues to attempt to identify and recruit current and former members of the United States intelligence community. This is a very troubling trend. These individuals must remain vigilant and immediately report any suspicious activity. The Hansen case is an example of what will happen to those who violate the public’s trust and risk our national security by disclosing classified information,” said U.S. Attorney John W. Huber for the District of Utah.
“Ron Hansen was willing to betray his oath and his country for financial gain,” said Special Agent in Charge Paul Haertel of the FBI’s Salt Lake City Field Office. "This case brings to light that not all spies are foreign adversaries. Insider threats pose a significant national security risk, and the FBI will continue to aggressively investigate those who put our country and citizens at risk.”
Hansen retired from the U.S. Army as a Warrant Officer with a background in signals intelligence and human intelligence. He speaks fluent Mandarin-Chinese and Russian, according to court documents. Upon retiring from active duty, DIA hired Hansen as a civilian intelligence case officer in 2006. Hansen held a Top Secret clearance for many years, and signed several non-disclosure agreements during his tenure at DIA and as a government contractor.
As Hansen admitted in the plea agreement, in early 2014, agents of a Chinese intelligence service targeted him for recruitment, and he began meeting with them regularly in China. During these meetings, the agents described to Hansen the type of information that would interest Chinese intelligence. Hansen stipulated that during the course of his relationship with Chinese intelligence, he received hundreds of thousands of dollars in compensation for information he provided them.
Between May 24, 2016, and June 2, 2018, Hansen admitted he solicited national security information from an intelligence case officer working for the DIA. Hansen admitted knowing that the Chinese intelligence services would find the information valuable, and he agreed to act as a conduit to sell that information to the Chinese. He advised the DIA case officer how to record and transmit classified information without detection, and how to hide and launder any funds received as payment for classified information. He admitted he now understands that the DIA case officer reported his conduct to the DIA and subsequently acted as a confidential human source for the FBI.
Hansen admitted meeting with the DIA case officer on June 2, 2018, and receiving individual documents containing national defense information that he had previously solicited. The documents he received were classified. The documents included national security information related to U.S. military readiness in a particular region -- information closely held by the federal government. Hansen did not possess a security clearance nor did he possess a need to know the information contained in the materials.
As a part of his plea agreement, Hansen admitted he reviewed the documents, queried the case officer about their contents, and took written notes which contained information determined to be classified. He advised the DIA case officer that he would remember most of the details about the documents he received that day and would conceal notes about the material in the text of an electronic document he would prepare at the airport before leaving for China. He admitted he intended to provide the information he received to the agents of the Chinese Intelligence Service with whom he had been meeting. He also admitted knowing that the information was to be used to the injury of the United States and to the advantage of a foreign nation.
As a part of the plea agreement, Hansen has agreed to forfeit property acquired from or traceable to his offense, including property used to facilitate the crime.
The case was handled by Assistant U.S. Attorneys Robert A. Lund, Karin Fojtik, Mark K. Vincent and Alicia Cook of the District of Utah, and Trial Attorneys Patrick T. Murphy, Matthew J. McKenzie and Adam L. Small of the National Security Division’s Counterintelligence and Export Control Section. Prosecutors from the U.S. Attorney’s Office for the Western District of Washington assisted with this case.
The prosecution is the result of an investigation by special agents of the FBI, IRS-Criminal Investigation, U.S. Department of Commerce, the U.S. Department of Defense, U.S. Army Counterintelligence, and the Defense Intelligence Agency.
Former Erie Resident Indicted on Charges Relating to the Sexaul Exploitation of ChildrenRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, has been indicted by a federal grand jury in Erie on charges of violating federal laws relating to the sexual exploitation of children, United States Attorney Scott W. Brady announced today.
The four-count indictment named Shawn Everett Daly, 40, as the sole defendant.
According to the indictment presented to the court, Daly distributed, received, transported and possessed computer images and movies depicting prepubescent minors engaging in sexually explicit conduct.
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 (CEOS), 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.
The law provides for a maximum total sentence of 80 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Florida Man Sentenced to 10 YearsRead the Press Release
FORT WAYNE – Ivan Jaimes-Molina, age 25, of Fort Meade, Florida was sentenced before U.S. District Court Judge Holly Brady for possession with intent to distribute methamphetamine, announced U.S. Attorney Kirsch.
Ivan Jaimes-Molina was sentenced to 120 months inmprisonment followed by 5 years of supervised release.
According to documents in this case, Jaimes-Molina had 397.1 grams of actual methamphetamine (at 100% purity) in the trunk of his vehicle. The defendant also had a firearm in the trunk near the methamphetamine and marijuana he planned to distribute.
The case was investigated by the Drug Enforcement Administration with the assistance of the Dekalb County Sheriff’s Department, the Allen County Sheriff’s Department and the Indiana State Police. The case was handled by Assistant United States Attorney Anthony Geller.
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Five Western Pennsylvania Residents Charged with Theft of Government Property for Defrauding Social SecurityRead the Press Release
PITTSBURGH, PA – Five western Pennsylvania residents have been indicted by a grand jury on charges of theft of government property, United States Attorney Scott W. Brady announced today.
A one-count indictment named Loraleigh Helen Barber, 48, of Erie, Pennsylvania. According to the Indictment, from January 1, 2007 through August 2, 2019, Barber received $127,636 in Old Age, Survivor’s Disability Insurance benefits from the United States Social Security Administration, to which she knew she was not entitled. Ms. Barber had served as a representative payee for her father and after he died in December of 2006, yet she never advised the Social Security Administration and kept on receiving and spending the benefits intended for her father.
A one-count indictment named Ferlicia Bell, 49, of Pittsburgh, Pennsylvania. According to the Indictment, from in or around December 2010 through June 13, 2019, Bell improperly received $76,407 in Old Age, Survivor’s Disability Insurance benefits from the United States Social Security Administration, benefits that had been intended for her deceased mother-in-law, benefits to which she knew she was not entitled.
A one-count indictment named Linda Ann Foltz, 33, of Coraopolis, Pennsylvania. According to the Indictment, from March 1, 2017 through July 1, 2019, Foltz received $21,747 in Old Age, Survivor’s Disability Insurance benefits from the United States Social Security Administration, Benefits which were intended for her deceased mother and to which she knew she was not entitled.
A one-count indictment named Mitchell Edward McGrew, 31, of Cheswick, Pennsylvania. According to the Indictment, from January 10, 2018 through March 13, 2019, McGrew received $28,230 in Old Age, Survivor’s Disability Insurance benefits from the United States Social Security Administration, benefits which were intended to go to his deceased father, benefits to which he knew he was not entitled.
A one-count indictment named Shane L. Black, 47, of Nemacolin, Pennsylvania. According to the Indictment, from on or about December 1, 2017 through December 31, 2019, Black received $10,506 in Old Age, Survivor’s Disability Insurance benefits from the United States Social Security Administration, to which he knew he was not entitled. The benefits had been designated for a woman who was Black’s roommate but who had passed away in 2017.
The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both, for each of the defendants. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The United States Social Security Administration, Office of Inspector General, conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Felon Sentenced for Straw-Purchase Scheme and Witness TamperingRead the Press Release
NORFOLK, Va. – A Virginia Beach man was sentenced today to 57 months in prison for firearm and witness tampering crimes.
“Deaton is a convicted felon who exploited his relationship with his girlfriend to straw-purchase multiple firearms and ammunition,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “We are doubling down on our efforts across the District to prosecute any and all straw purchasing cases. We cannot allow prohibited individuals to purchase, possess, or traffic firearms. To all those being asked to purchase a firearm for someone else, do not lie for the other guy – It is a felony.”
According to court documents, Christopher Allen Deaton, 22, a previously convicted felon, was part of a straw-purchasing and gun-trafficking scheme in which he had his girlfriend purchase five handguns for him, so he could resell them at a profit to out-of-state buyers. He drove with his girlfriend to the gun store, told her which guns and ammo to buy, and directed her to commit multiple felonies by lying about being the actual buyer of the guns on a federal form regulating gun transactions. He then took possession of the handguns.
“Gun traffickers do not simply commit paperwork violations when illegally purchasing, selling and transporting firearms,” said Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division. “These criminals put guns into the hands of serious criminals who pose a significant threat to the safety of our communities. ATF will therefore continue working with our law enforcement partners to combat this illegal practice.”
While in jail on unrelated crimes, Deaton used the jail phone to convince his girlfriend not to cooperate with federal agents or testify in the proceedings against him. He started witness-tampering hours after ATF agents met him at a jail visit to discuss his knowledge about the criminal scheme.
This case is 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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge Rebecca Beach Smith. Assistant U.S. Attorney William B. Jackson prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-37.
Federal Jury Finds Alien Guilty of Illegal Reentry After DeportationRead the Press Release
GREENVILLE – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that on September 23, 2019, in federal court, MARCIO SANTOS-PORTILLO, 46, of Honduras, was convicted following a trial before United States District Judge Malcolm J. Howard. The jury found the defendant guilty of Illegal Reentry of a Deported Alien.
At trial, the evidence showed that SANTOS-PORTILLO, a citizen of Honduras, was found in Wilmington, North Carolina, after having previously been deported from the United States on March 21, 2011, at Houston, Texas. The evidence further showed that SANTOS-PORTILLO, who had been previously convicted of felony evading arrest with a vehicle in Harris County, Texas, reentered without having obtained the express permission of the Attorney General or the Secretary of Homeland Security.
The investigation of this case was conducted by agents of Homeland Security Investigations.
Federal Inmate Charged with Escape after ConvictionRead the Press Release
ERIE, Pa. – An inmate at the Federal Correctional Institution in Milan, Michigan has been indicted by a federal grand jury in Erie on a charge of escape after conviction, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Julian P. Villar, Jr., 55, as the sole defendant.
According to the Indictment presented to the court, in and around July 2019, Villar failed to report to the satellite camp at the McKean Federal Correctional Institution in Bradford, Pennsylvania after being furloughed from the Milan Federal Correctional Institution in Milan, Michigan on July 9, 2019. Villar was incarcerated at FCI Milan as the result of a conviction for distribution of heroin in the Northern District of Illinois.
The law provides for a maximum total sentence of 5 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The United States Marshal Service and officers of the Federal Bureau of Prisons conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Eagle Butte Man Sentenced for Larceny and Possession of a Stolen FirearmRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted in two separate cases of Larceny and Possession of a Stolen Firearm, was sentenced on September 23, 2019, by U.S. District Judge Roberto A. Lange.
In the stolen firearm case, Judson His Law, a/k/a Judson Rhee Dannen Two Dogs, age 25, was sentenced to 64 months in federal prison, followed by 3 years of supervised release, and restitution in the amount of $729.70. In the larceny case, His Law was sentenced to 60 months in federal prison and 3 years of supervised release to both run concurrently with the stolen firearm sentence. He was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $200.
His Law was indicted by a federal grand jury on March 12, 2019, and again on May 14, 2019. He pled guilty in both cases on July 1, 2019.
The convictions stemmed from two incidents. The first occurred on November 3, 2018, when His Law stole another person’s pickup truck that was parked at a gas station in Eagle Butte. The second incident involved His Law stealing four firearms from a home near Eagle Butte on February 13, 2019. In the process of stealing the firearms, His Law damaged property at the home.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
His Law was immediately turned over to the custody of the U.S. Marshals Service.
Department of Justice Announces Interim Policy on Emerging Method to Generate Leads for Unsolved Violent CrimesRead the Press Release
Today, the Department of Justice announced its Interim Policy on forensic genetic genealogy (FGG), an emerging investigative technique that will combine technological advancements in DNA analysis and searching with traditional genealogy research. FGG is a unique investigative method that can generate leads used by law enforcement to not only identify unknown suspects but to help identify the remains of homicide victims.
“Prosecuting violent crimes is a Department priority for many reasons, including to ensure public safety and to bring justice and closure to victims and victims’ families,” said Deputy Attorney General Jeffrey A. Rosen. “We cannot fulfill our mission if we cannot identify the perpetrators. Forensic genetic genealogy gets us that much closer to being able to solve the formerly unsolvable. But we must not prioritize this investigative advancement above our commitments to privacy and civil liberties; and that is why we have released our Interim Policy – to provide guidance on maintaining that crucial balance.”
The Department’s policy, which will go into effect on Nov. 1, 2019, is designed to balance the Department’s relentless commitment to solving violent crimes and protecting public safety against equally important public interests – such as preserving the privacy and civil liberties of all citizens. In order to do so, the Department’s Interim Policy on Forensic Genetic Genealogical DNA Analysis and Searching (found at www.justice.gov/forensics) provides the first comprehensive guidance to law enforcement on the use of FGG.
The Interim Policy contains nine sections that lay out critical requirements for the use of FGG by law enforcement, including the collaborative interdisciplinary use of the technique, the criteria a case must meet in order to use FGG, and how the practice is used to generate leads for unsolved crimes.
As genetic genealogy websites become more popular and individuals continue to voluntarily submit their DNA or enter their genetic profiles onto publically available genetic genealogy sites, the more biological information there is to compare with DNA samples from crime scenes.
In essence, a DNA sample taken from the scene of a violent crime that does not match any samples available in the FBI’s Combined DNA Index System (CODIS) will not generate a lead for law enforcement. FGG provides an alternative option. However, FGG requires a type of DNA testing that Department laboratories currently do not perform, so the sample must be outsourced to a vender laboratory. After the vender laboratory completes a more comprehensive analysis on the sample, the resulting genetic profile is entered into one or more publicly-available genetic genealogy services and compared by automation against the genetic profiles of individuals who have voluntarily submitted their own samples. The computer’s algorithm then evaluates potential familial relationships between the sample donor and the website’s users. If an association is detected, it generates a lead. Subsequently, law enforcement can use that lead to advance their investigation using traditional investigative and genealogical methods.
The personal genetic information is not transferred, retrieved, downloaded, or retained by the genetic genealogy users – including law enforcement. And before FGG is an option, all other available techniques, including a search of CODIS, must be exhausted.
A final Department policy on forensic genetic genealogy will be issued in 2020.
Citizen of El Salvador with Criminal History Sentenced to 2 Years in Prison for Illegally Reentering U.S.Read the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that WALTER ARNULFO GUZMAN RIVAS, 39, a citizen of El Salvador last residing in Stamford, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 24 months of imprisonment for illegally reentering the U.S. after being deported.
According to court documents and statements made in court, in July 2005, Guzman Rivas was deported from the U.S. to El Salvador after being convicted in Texas of three counts of assault on a family member. He illegally reentered the U.S. and, in 2006, was convicted in Kentucky of four counts of robbery in the second degree, for which he was sentenced to 10-years of incarceration. He was again deported to El Salvador in July 2009.
On April 11, 2018, Guzman Rivas was arrested by the Stamford Police Department and charged with sex assault, risk of injury and illegal sexual contact offenses. He was subsequently convicted of risk of injury to a child and, on May 8, 2019, was sentenced to five years of incarceration, suspended.
On April 11, 2019, Guzman Rivas pleaded guilty in federal court to one count of reentry of a removed alien.
Guzman Rivas has been detained since his state arrest.
This investigation was conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement. The case was prosecuted by Assistant U.S. Attorney Deborah R. Slater.