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6 August 2019
Dylan Avery Imprisoned for Possessing FirearmsRead the Press Release
The United States Attorney for the District of Vermont announced that Dylan Avery, 21, of Barre, was sentenced today in United States District Court in Rutland to 60 months of imprisonment following his guilty plea to a charge that he possessed firearms as a convicted felon. Chief Judge Geoffrey Crawford also ordered that Avery serve three years of supervised release when he completes his prison term. Avery has been incarcerated since his arrest in June 2018.
According to court records, federal agents executed a search warrant at Avery’s home in Barre in May 2018. During the search, agents recovered nine firearms, most of which had been stolen in a burglary in central Vermont. Avery is prohibited from possessing any firearms because he has a felony drug conviction in New Hampshire. Agents believed that other guns taken in the burglary had been trafficked in Springfield, Massachusetts by William Lemagdelaine, a friend of Avery’s. Lemagdelaine also pled guilty to a federal firearms charge and was sentenced to 72 months of imprisonment last April.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Vermont State Police, and local law enforcement agencies. U.S. Attorney Christina E. Nolan commended the collaborative investigation, stating: “This case exemplifies how we have, and will continue to, use our many federal firearms laws to take dangerous offenders out of communities and keep Vermonters safer. We will pursue serious consequences across the state for those who traffic and illegally possess firearms.”
Avery is represented by John Mabie. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Deported Guatemalan Indicted for Illegal Re-entry into U.S.Read the Press Release
PITTSBURGH, PA - An illegal alien found in Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of Illegal Reentry after Deportation, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Carlos Esteban-Perez, 27, of Guatemala, as the sole defendant.
According to the Indictment, Esteban-Perez had been previously deported and removed from the United States and was found in the United States after unlawfully reentering.
The law provides for a maximum total sentence of two years in prison, a fine up to $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 Nicole Vasquez Schmitt is prosecuting this case on behalf of the government.
The U.S. Department of Homeland Security, Immigration and Customs Enforcement 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.
Convictions for Former Lackawanna County Commissioner Robert C. Cordaro UpheldRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on August 5, 2019, the U.S. Court of Appeals for the Third Circuit denied former Lackawanna County Commissioner Robert C. Cordaro’s latest appeal regarding his 2011 conviction on multiple public corruption charges. In a 26-page precedential opinion, the Court of Appeals affirmed the decision of U.S. District Court Judge A. Richard Caputo holding that the Supreme Court’s 2016 decision in McDonnell v. United States was not grounds to overturn Cordaro’s convictions.
According to United States Attorney David J. Freed, the Third Circuit Court of Appeals rejected Cordaro’s claim that the McDonnell decision required that his convictions for Hobbs Act extortion, bribery and racketeering must be vacated and that he be granted a new trial because Cordaro failed to show that he was “actually innocent” under the McDonnell standard. The Appellate Court stated that “The District Court correctly concluded that Cordaro cannot show that he is actually innocent, that is, that it is more likely than not that no reasonable juror properly charged under McDonnell would have convicted him.” In reaching that conclusion, the Appellate Court exhaustively analyzed the facts of the case and rejected all of Cordaro’s arguments to the contrary.
Cordaro was convicted in 2011, along with former Lackawanna County Commissioner Anthony Munchak, on multiple charges including racketeering and other public corruption offenses relating to the Commissioner’s demands for payments and other benefits from individuals and entities doing business with Lackawanna County. Cordaro was sentenced on January 30, 2012, to serve 132 months’ imprisonment and the Third Circuit Court of Appeals affirmed the conviction and sentence on May 31, 2013. Munchak was sentenced in 2012 to serve 84 months’ imprisonment and the Third Circuit Court of Appeals affirmed his conviction and sentence on May 31, 2013.
After Cordaro’s conviction and sentence were affirmed, Cordaro filed a motion to vacate his conviction and sentence based on alleged ineffective assistance of his trial counsel. A three-day hearing was held in January 2015 and Judge Caputo denied the motion in August 2015. Cordaro appealed that ruling and the Third Circuit Court of Appeals affirmed the District Court.
Following the Supreme Court’s 2016 decision in McDonnell, Cordaro filed a Petition for Writ of Habeas Corpus on February 3, 2017, and Magistrate Judge Mehalchick issued a Report and Recommendation denying the Petition on September 1, 2017. Cordaro objected to the Magistrate’s findings and by Order dated December 11, 2017, Judge Caputo adopted the Report and Recommendation and upheld all of Cordaro’s convictions. The Third Circuit Court of Appeals affirmed that decision and denied Cordaro any relief in yesterday’s ruling.
The case was investigated by the Federal Bureau of Investigation and the Criminal Investigation Division of the Internal Revenue Service. At trial, the government was represented by Assistant United States Attorneys Lorna N. Graham, William S. Houser and Bruce Brandler. Assistant United States Attorney Stephen Cerutti, Chief of Appeals, handled the appeal.
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Convicted Felon Sentenced for Firearm OffenseRead the Press Release
BOSTON – A Boston man was sentenced yesterday in federal court in Boston for being a felon in possession of a firearm and ammunition.
Elvin Perez, 42, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 30 months in prison and three years of supervised release. In March 2019, Perez pleaded guilty to one count of being a felon in possession of a firearm and ammunition.
On June 19, 2018, after law enforcement responded to a report of alleged abuse by the defendant of a disabled man confined to a wheelchair, police recovered a Heckler & Koch, Model USP, .45 caliber semi-automatic pistol and 47 rounds of ammunition - 38 of which were compatible with the recovered firearm – from a dresser drawer attributable to Perez. The gun had previously been reported stolen. As a result of a prior two year committed sentence for heroin distribution in a school zone, Perez is prohibited from possessing firearms or ammunition.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Canton Police Chief Kenneth Berkowitz made the announcement. Assistant U.S. Attorney Lindsey E. Weinstein of Lelling’s Major Crimes Unit prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Chico Man Sentenced to 4 Years in Prison for Conspiracy to Distribute Methamphetamine in Butte and Shasta CountiesRead the Press Release
SACRAMENTO, Calif. — Curtis Dale Sawyer, 53, of Chico, was sentenced today by U.S. District Judge John A. Mendez, to four years in prison for conspiracy to distribute methamphetamine, U.S. Attorney McGregor W. Scott announced.
Sawyer pleaded guilty on December 11, 2018. According to court documents, on Dec 7, 2017, the California Highway Patrol stopped Sawyer while he was driving northbound on Interstate 5 in Shasta County. After a narcotics canine alerted to his car, agents searched the vehicle and found approximately 3.4 pounds of methamphetamine. Afterwards, law enforcement executed a search warrant at the Chico home that Sawyer shared with co-defendant Ann Marie Vance. Inside the home, agents found approximately one-half pound of methamphetamine and over $106,000 in cash. Officers found another 8.3 pounds of methamphetamine in a car Vance was driving near the home.
In April 2019, Vance pleaded guilty to conspiracy to distribute methamphetamine. She is scheduled to be sentenced on Sept. 24. She faces a prison sentence of not less than 10 years and up to life; up to a $10 million fine; and a term of supervised release of not less than five years and up to life. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the Shasta Interagency Narcotics Task Force, the Butte Interagency Narcotics Task Force, the Shasta County Sheriff’s Office, and the U.S. Drug Enforcement Administration.
Charleston Man Sentenced for Distributing FentanylRead the Press Release
CHARLESTON, W.Va. -- A Charleston man was sentenced today to 135 months in prison for distributing a mixture of fentanyl and acetyl fentanyl, announced United States Attorney Mike Stuart. Christopher Tyler, 27, previously admitted that on August 29, 2018, he exchanged text messages with a female in Charleston and agreed to sell her a substance they both believed to be heroin. The female came to Tyler’s house on Glover Street in Charleston to pick up the substance and gave Tyler money. Tyler and the female continued to text that evening into the early morning hours. The next morning when Tyler called the female’s phone, he was informed she had died. Toxicology testing done by the West Virginia Office of the Chief Medical Examiner confirmed that the substance Tyler sold to the female was a mixture of fentanyl, a Schedule II controlled substance, and acetyl fentanyl, a schedule I controlled substance.
“Today, in a tragic case of the overdose death of a beautiful girl with a promising future, the United States sought and was granted an upward departure from the sentencing guidelines,” said United States Attorney Mike Stuart. “This office and this United States Attorney will seek upward departures from the sentencing guidelines in every possible case where it’s warranted to ensure that drug dealers spend every possible day that we can get them behind bars. When I met with the mom and dad of this beautiful young girl, it broke my heart to hear, to see and to feel their pain. It’s a pain that will never go away and no time will ever numb. All I can do as a United States Attorney is to fight for justice for every mom and dad in a similar circumstance.”
The United States moved the Court to depart upwards in Tyler’s sentence because of the female’s death. After hearing the testimony of witnesses and receiving evidence, including text messages from Tyler warning the female about the dangerousness of the drugs and instructing her on how to use it safely, as well as the testimony from a medical toxicologist on the cause of death, the Court found an upward departure to be appropriate. Senior United States District Court Judge David A. Faber imposed the sentence.
The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Assistant United States Attorney Monica D. Coleman handled the prosecution.
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Catskill Physician Pleads Guilty to Illegal Distribution of Opioids, Health Care Fraud, Aggravated Identity Theft, and Obstruction of JusticeRead the Press Release
ALBANY, NEW YORK – Myra Mabry, 50, of Catskill, New York, pled guilty yesterday before United States District Judge Mae A. D’Agostino to conspiring to distribute controlled substances, health care fraud, aggravated identity theft, and obstruction of justice.
The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge Ray Donovan, United States Drug Enforcement Administration (DEA), New York Division.
As part of her guilty plea, Mabry, an obstetrician-gynecologist, admitted that between 2015 and 2017, she wrote numerous prescriptions for oxycodone, morphine, and hydromorphone to third parties, for no legitimate medical purpose, and then instructed a co-conspirator to fill those prescriptions by impersonating the named patients at pharmacies, knowing that health care benefit programs would pay the cost of the drugs. In pleading guilty, Mabry also admitted that she attempted to obstruct the federal investigation into her activities by instructing a co-conspirator to falsely testify before a federal grand jury that she (Mabry) was the subject of extortion. As Mabry admitted in her guilty plea, she was not the subject of an extortionate scheme, and was a willing member of the conspiracy to distribute opioids for no legitimate medical purpose. Mabry further admitted that she had agreed to pay her co-conspirator for false testimony in the hope of minimizing her criminal exposure and keeping her medical license.
As a result of her conviction, Mabry faces a mandatory 2-year term of imprisonment on the aggravated identity theft charge, and up to 20 years in prison on the remaining charges when she is sentenced on December 4, 2019 in Albany. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case is being investigated by the U.S. Drug Enforcement Administration (DEA), with assistance from the New York State Bureau of Narcotic Enforcement, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.
California Man Who Attempted to Have Sex with A 12 Year Old Child Is Going to Prison for 10 YearsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Gabriel Murillo, 44, of San Bernadino County, California, who was convicted of attempted online enticement of a minor, was sentenced to serve 10 years in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that between April 2018 and February 2019, Murillo engaged in sexually explicit online conversations with an individual who he believed was a 12 year old girl living in upstate New York. The defendant attempted to groom the child by sending her pornography, and despite acknowledging her age, requested that she meet with him for sex. On February 16, 2019, Murillo flew from Los Angeles, CA to Rochester, NY in order to have sex with the child. Unbeknownst to the defendant, the child was actually an undercover New York State Police Investigator.
Murillo was apprehended while disembarking a plane at the Greater Rochester International Airport on February 16, 2019, by members of the New York State Police, Homeland Security Investigations, and the Federal Air Marshal Service.
The plea is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Federal Air Marshal Service, under the direction of Supervisory Air Marshal-in-Charge William Hall.
# # # #California Man Sentenced for Conspiring to Distribute Methamphetamine While Serving a Prison Sentence in NebraskaRead the Press Release
United States Attorney Joe Kelly announced that James Michael Papazian, 31, of West Hills, California, was sentenced today to 292 months’ (24.3 years) for conspiracy to distribute 50 grams or more of actual or pure methamphetamine. Following his prison term, Papazian will serve five years on supervised release. Chief United States District Court Judge John M. Gerrard presided over this case.
During the summer of 2017, Papazian was serving a sentence at the Nebraska Department of Corrections for burglary and he was allowed to be on work release. Papazian would leave the prison to work and would return to the prison after completing his shift. During that time, Papazian conspired to sell methamphetamine to others, both inside and outside of the prison. Papazian used two cell phones in committing his offense that he was not permitted to have. He kept one phone at work. The other phone he smuggled into the prison and kept hidden within the work release housing facility. In determining Papazian’s sentence, Judge Gerrard found that after Papazian was indicted, Papazian had obstructed justice by attempting to tamper with several witnesses during the pendency of his case.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Buffalo Man Sentenced for Stealing Thousands of Dollars in Food StampsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. U.S. Attorney James P. Kennedy, Jr. announced today that David Sobczyk, 43, of Buffalo, NY, who was convicted of conspiracy to commit food stamp fraud, was sentenced to two years’ probation and ordered to pay restitution totaling $82,066. He also forfeited $33,991.41.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that between May 2015 and April 2017, the defendant conspired with co-conspirator Paul Carroll and others to commit food stamp fraud.
Congress established the Federal Food Stamp Program in 1977 to alleviate hunger and malnutrition. In 2008, the program was renamed the Supplemental Nutrition Assistance Program (SNAP program), which uses federal tax dollars to subsidize low-income households, helping low-income individuals and families to maintain more nutritious diets by increasing the food purchasing power of eligible households. The USDA Food and Nutrition Service (FNS) administers the SNAP program through retail food stores or food truck delivery business (FTDB) that have been approved for participation in the SNAP program to sell food in exchange for the SNAP program benefits.
A business that accepts the SNAP program benefits must do so only in connection with retail sales of eligible food products, and must be authorized by FNS as a retail food store or FTDB. According to USDA regulations, most edible items, except for prepared foods, vitamins and medicines, are eligible for purchase with food stamp benefits. Items such as beer, cigarettes, paper goods, soaps and detergents are ineligible for purchase with food stamp benefits. It is also against the SNAP program regulations to allow customers to pay for merchandise on credit with EBT SNAP/food stamps. Federal law specifies that a purchase made utilizing the SNAP program benefits must be tax exempt. Food stamp benefits may not lawfully be exchanged for cash.
In 1991, co-conspirator Paul Carroll applied to FNS and received authorization to operate a business, Carroll Services, which received the SNAP program benefits. Carroll Services operated a FTDB. In November 2015, the defendant applied to FNS and received authorization to operate a business, Sobczyk Services, which received the SNAP program benefits. Sobczyk Services operated a FTDB.
Contrary to the policies governing the administration of the SNAP program benefits, Sobczyk operated his FTDB as a “for credit” operation, whereby he allowed beneficiaries to purchase items from him “on credit.” He did so by obtaining from the beneficiaries their identifying information, including their EBT card number, PIN number, and social security number. Thereafter, he would cause funds to be deducted from the beneficiaries’ SNAP benefits accounts on the date that the benefits were available on the beneficiaries’ EBT cards.
Paul Carroll provided the defendant with the vehicle to use for his FTDB and was paid by the defendant monthly for the vehicle, knowing that the defendant was operating his FTDB as a “for credit” operation contrary to program policies.
Using the 1-800 number provided by the USDA’s NYS Customer Help line, Sobczyk would direct his employees to manipulate the USDA’s telephonic system in order to identify food stamp beneficiaries’ card numbers in order for the defendant to use the cards to make false claims to FNS in order to deduct food stamp benefits from the beneficiaries.
Paul Carroll was previously convicted and is awaiting sentencing.
The sentencing is the result of an investigation by the U.S. Department of Agriculture, Office of Inspector General, under the direction of Special Agent-in Charge Bethanne M. Dinkins; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Monroe County Department of Social Services, under the direction of Commissioner Corinda Crossdale; and the New York State Office of Inspector General, under the direction of Inspector General Letizia Tagliafierro.
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Brooklyn Man Charged with Illegally Exporting Rifle Parts to RussiaRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn charging Vladimir Kuznetsov, a Russian national, with illegally exporting, attempting to export and conspiring to export firearm parts and accessories from the United States to individuals in Russia. Kuznetsov was arrested this morning in Dingsman Ferry, Pennsylvania, and will make his initial appearance this afternoon in Brooklyn before United States Magistrate Judge Sanket J. Bulsara.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York Field Office (HSI), and Leigh-Alistair Barzey, Special Agent-in-Charge, Defense Criminal Investigative Service, Northeast Field Office, (DCIS), announced the charges.
“As alleged in the complaint, Kuznetsov violated laws intended to safeguard our national security” stated United States Attorney Donoghue. “Today’s arrest demonstrates our resolve to investigate and prosecute those who illegally export restricted items without regard for their end use, placing their own enrichment above our country’s interests.” Mr. Donoghue extended his grateful appreciation to the U.S. Department of Commerce, Office of Export Enforcement, United States Customs and Border Protection (CBP), and United States Postal Inspection Service, New York Division (USPIS), for their assistance during the investigation.
“Kuznetsov is alleged to have illegally exported firearm parts to Russia, including parts to assemble rifles, by methodically mislabeling the packages and concealing the parts,” said HSI Special Agent-in-Charge Fitzhugh. “The safety of our nation is paramount in our counter-proliferation cases, and HSI will continue to investigate those who choose to fill their pockets with illicit proceeds by putting the security of our country at risk.”
“Today’s charges are the direct result of a joint effort by the Defense Criminal Investigative Service (DCIS), Homeland Security Investigations, and the U.S. Attorney’s Office, Eastern District of New York, to protect our national security. The DCIS will continue to work with its law enforcement partners to identify, investigate and prosecute individuals who attempt to illegally obtain and export restricted defense technology,” stated DCIS Special Agent-in-Charge Barzey.According to the criminal complaint, from approximately February 2017 to the present, Kuznetsov and others conspired to export and exported from the United States to Russia, firearm parts and other items on the United States Commerce Control List. These items are restricted and cannot be exported from the United States without licenses from the United States Department of State and United States Department of Commerce. Kuznetsov purchased U.S.-origin firearm parts online, including parts used to assemble sniper rifles. He then shipped the firearm parts via the U.S. Postal Service to buyers in Russia. To avoid detection, Kuznetsov provided false descriptions of the items contained in each package, and hid rifle parts inside the packages. For example, in one package seized by CBP in July 2017 at John F. Kennedy International Airport (JFK), Kuznetsov had packed an H-S Precision rifle stock for a Remington 700 series bolt action rifle beneath a Bosch benchtop router table. The only item listed on the package’s shipping label and customs form was benchtop router table. In April 2018, also at JFK, CBP seized another Kuznetsov outbound package, this one containing a rifle chassis and 5-round ammunition magazines, concealed among a pair of sneakers, jeans, a heating pad and blood pressure monitor. The accompanying USPS customs form omitted the rifle chassis and ammunition magazines.
The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Kuznetsov faces a statutory maximum of 20 years’ imprisonment.
The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorney Jonathan E. Algor is in charge of the prosecution, assisted by Trial Attorney Scott Claffee of the National Security Division’s Counterintelligence and Export Control Section.
The Defendant:
VLADIMIR KUZNETSOV
Age: 58
Coney Island, BrooklynE.D.N.Y. Docket No. 19-MJ-690
Boyle County Woman Pleads Guilty to Production of Child PornographyRead the Press Release
LEXINGTON, Ky. – Jacquolyn Walls-Land, 36, of Junction City, Kentucky pleaded guilty yesterday, before Senior United States District Judge Joseph M. Hood, to using a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction.
According to her plea agreement, Walls-Land took videos of the minor female victim while the co-Defendant, Richard Derringer, sexually abused the victim. The sexual abuse and recording of the abuse occurred on March 11, 2018.
Walls-Land is scheduled to be sentenced on November 4, 2019. She faces a mandatory minimum sentence of fifteen years in prison, and up to 30 years, and a maximum fine of $250,000. However, any sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal statutes.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky: James Robert Brown, Jr., Special Agent in Charge, Federal Bureau of Investigation; and Richard Sanders, Commissioner, Kentucky State Police, jointly announced the plea.
The investigation was conducted by the Kentucky State Police and the FBI. Assistant U.S. Attorneys David Marye and Mary Melton represented the United States.
Bank Robber Pleads Guilty to Brazen HeistRead the Press Release
Assistant U. S. Attorneys Adam Gordon (619) 546-6720 and Matthew Brehm (619) 546-8983
NEWS RELEASE SUMMARY – August 6, 2019
SAN DIEGO – Omar Mata Guerra pleaded guilty today in federal court, admitting that he robbed the Bank of the West branch in La Mesa in May.
Guerra entered his plea before U.S. Magistrate Judge Linda Lopez. Sentencing is scheduled for October 21, 2019 at 9 a.m. before U.S. District Judge Anthony J. Battaglia.
Guerra admitted in his plea agreement that on May 10, 2019, he entered the Bank of the West branch located at 8690 Center Drive, La Mesa. He approached the teller and stated, “Listen don’t do anything stupid, I’ve done this before, stay calm, give me money from your top drawer.” He told the teller to “keep your hands where I can see them, no alarm, no dye packs.” As the teller began to gather the available money from the drawer, Guerra insisted “hurry up, go faster.” When the money was placed on the counter, Guerra took approximately $1,152.40 in cash before fleeing the bank.
Guerra was caught after FBI agents issued a Special Bulletin using the video surveillance stills of the robbery. These video surveillance stills caught Guerra’s distinctive tattoo under his right eye, which led to his subsequent identification and arrest.
“This bank robber not only took money, he stole the peace of mind of bank employees,” said U.S. Attorney Robert Brewer. “Our law enforcement partners acted swiftly to ensure that this brazen robber was brought to justice and unable to harm others.” Brewer thanked prosecutors Adam Gordon and Matthew Brehm and FBI agents for their hard work on the case.
“The San Diego FBI Violent Crime Task Force works closely with our law enforcement partners to keep our community safe,” said Special Agent in Charge Scott Brunner. “As a result, this bank robber is off the streets and will face justice.”
DEFENDANT Case Number 19CR2001-AJB
Omar Mata Guerra Age: 24 San Diego, CA
SUMMARY OF CHARGES
Bank Robbery – Title 18, U.S.C., Section 2113(a)
Maximum penalty: Twenty years in prison and $250,000 fine
AGENCIES
Federal Bureau of Investigation
La Mesa Police Department
San Diego Sherriff’s Department
Amsterdam Man Admits to Selling Gun and DrugsRead the Press Release
SYRACUSE, NEW YORK – Carlos Vega-Carbonell, 36, of Amsterdam, New York, pled guilty today to unlawfully possessing a firearm and ammunition as a felon and distributing heroin, announced United States Attorney Grant C. Jaquith and John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
As part of his guilty plea, Vega-Carbonell admitted he sold a Mossberg 12-gauge shotgun, five shotgun shells, and 30 bags of heroin during an ATF undercover operation in the City of Amsterdam, New York, on November 14, 2018. Vega-Carbonell had a felony conviction at the time.
Sentencing is scheduled for December 4, 2019, in Albany, New York, at which time Vega-Carbonell faces a maximum sentence of up to 10 years in prison and a fine of to $250,000.00 for the firearm and ammunition conviction and up to 20 years in prison, a one million dollar fine, and a term of supervised release between three years and life for the heroin conviction. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) with assistance from the City of Amsterdam (New York) Police Department, and is being prosecuted by Assistant U.S. Attorney Richard Southwick.
5 August 2019
Veteran Prosecutor Joins United States Attorney's OfficeRead the Press Release
PROVIDENCE – United States Attorney Aaron L. Weisman today announced the appointment and swearing-in of veteran Rhode Island state prosecutor Stacey P. Veroni as an Assistant United States Attorney.
Ms. Veroni, who most recently held the title of Senior Trial Attorney with the Rhode Island Department of the Attorney General, began her career as a state prosecutor in 1992. During her tenure with the Department of the Attorney General, Ms. Veroni, at various times, served as Chief of the Criminal Division, Deputy Chief of the Criminal Division, Chief of the Narcotics and Organized Crime Division, and Chief of the Domestic Violence/Sexual Assault Unit.
A graduate of Boston College, Ms. Veroni earned her Juris Doctor at Suffolk University.
Ms. Veroni currently serves as an adjunct professor at Salve Regina University, Providence College, Community College of Rhode Island, and Johnson and Wales University.
In welcoming Ms. Veroni to the United States Attorney’s Office, United States Attorney Aaron L. Weisman commented, “We so much look forward to the deep experience, work ethic, and legal skills that Stacey will continue to bring to bear, now as a federal prosecutor, for the people of Rhode Island.”
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U.S. Attorney’s Office to Take Part in 36th Annual National Night OutRead the Press Release
Anchorage, Alaska – the U.S. Attorney’s Office will join law enforcement, community leaders and residents on TUESDAY, AUGUST 6, 2019, at the Mountain View Boys & Girls Club from 5:00 PM to 9:00 PM to celebrate the 36th annual National Night Out crime and drug prevention event.
This free community event is put on by the Mountain View Boys & Girls Club (315 Price Street, Anchorage, AK 99508) in partnership with the Anchorage Police Department. The Anchorage community will be welcomed for a night of free food, games, prizes, a petting zoo, music entertainment, and much more.
National Night Out is a community-building and crime prevention campaign that promotes collaborative law enforcement-community partnerships and neighborhood camaraderie. Thousands of communities nationwide will participate in neighborhood block parties, festivals, cookouts, safety demonstrations, seminars, and activities that heighten crime and drug prevention awareness and generate support for and participation in local anticrime efforts. Events such as these help to strengthen neighborhood spirit, police-community partnerships, and demonstrate a shared commitment for strong and safe communities.
“For 36 years, National Night Out has rallied neighborhood residents, law enforcement and community leaders in the common goal of strengthening relationships to help prevent and deter crime in our local community. I am proud to stand with my colleagues and my neighbors to support safer streets and work together to drive out crime,” said U.S. Attorney Bryan Schroder.
Last year, over 1,500 people showed up in the rain at Anchorage’s National Night Out event. National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events on Tuesday.
For more information on National Night Out events, please visit https://natw.org/.
U.S. Attorney's Office to take part in 36th annual National Night Out crime prevention eventRead the Press Release
Members of the U.S. Attorney’s Office for the Northern District of Ohio will join law enforcement, community leaders and residents on Tuesday, August 6th at events in Cleveland, Toledo, Akron, Youngstown and elsewhere to celebrate the 36th annual National Night Out crime and drug prevention event.
National Night Out is a community-building and crime prevention campaign that promotes collaborative law enforcement-community partnerships and neighborhood camaraderie. Thousands of communities nationwide will participate in neighborhood block parties, festivals, cookouts, safety demonstrations, seminars, and activities that heighten crime and drug prevention awareness and generate support for and participation in local anticrime efforts. Events such as these help to strengthen neighborhood spirit, police-community partnerships, and demonstrate a shared commitment for strong and safe communities.
“For decades, National Night Out has rallied neighborhood residents, law enforcement and community leaders in the common goal of strengthening relationships to help prevent and deter crime in our local community,” U.S. Attorney Justin Herdman said. “I am proud to stand with my colleagues and my neighbors to support safer streets and work together to drive out crime.”
National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events on Tuesday.
U.S. Attorney Robert J. Higdon, Jr. to Take Part in 36th Annual National Night OutRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. will join law enforcement, community leaders and residents on Tuesday, August 6th at the City of Jacksonville, North Carolina’s celebration beginning at 5:00 p.m. The event takes place at the Riverwalk Crossing Park in downtown Jacksonville to celebrate the 36th annual National Night Out crime and drug prevention event.
National Night Out is a community-building and crime prevention campaign that promotes collaborative law enforcement-community partnerships and neighborhood camaraderie. Thousands of communities nationwide will participate in neighborhood block parties, festivals, cookouts, safety demonstrations, seminars, and activities that heighten crime and drug prevention awareness and generate support for and participation in local anticrime efforts. Events such as these help to strengthen neighborhood spirit, police-community partnerships, and demonstrate a shared commitment for strong and safe communities.
“For 36 years, National Night Out has rallied neighborhood residents, law enforcement and community leaders in the common goal of strengthening relationships to help prevent and deter crime in our local community. I am proud to stand with my colleagues and my neighbors to support safer streets and work together to drive out crime,” said U.S. Attorney Higdon.
“For law enforcement to be effective, it must have the support of the people it serves. We are truly fortunate to have the support of this community,” stated Police Chief Mike Yaniero, Director of Public Safety for the City of Jacksonville. “National Night Out cements the importance of the partnership that is key to successful policing. This is a night to celebrate that.”
National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events on Tuesday.
U.S. Attorney Murray Encourages Participation in National Night Out EventRead the Press Release
CONCORD – U.S. Attorney Scott W. Murray will join law enforcement, community leaders and residents on Tuesday, August 6th at Rollins Park, Concord from 5:00 pm to 8:00 pm to celebrate the 36th annual National Night Out crime and drug prevention event.
National Night Out is a community-building and crime prevention campaign that promotes collaborative law enforcement-community partnerships and neighborhood camaraderie. Thousands of communities nationwide will participate in neighborhood block parties, festivals, cookouts, safety demonstrations, seminars, and activities that heighten crime and drug prevention awareness and generate support for and participation in local anticrime efforts. Events such as these help to strengthen neighborhood spirit, police-community partnerships, and demonstrate a shared commitment for strong and safe communities.
“For 36 years, National Night Out has rallied neighborhood residents, law enforcement and community leaders in the common goal of strengthening relationships to help prevent and deter crime in our local community. I am proud to stand with my colleagues and my neighbors to support safer streets and work together to drive out crime,” said U.S. Attorney Scott W. Murray.
This year, National Night Out events will be held in several communities throughout New Hampshire. Registered events will take place in Auburn, Bedford, Belmont, Campton, Concord, Deerfield, Derry, Dover, Exeter, Gilford, Goffstown, Greenland, Hooksett, Hudson, Laconia, Lebanon, Lincoln, Merrimack, Milford, Nashua, Northfield, Northwood, Pittsfield, Portsmouth, Raymond, Rochester, Salem, Seabrook, Somersworth, Stratham, Thornton, Tuftonboro, Waterville Valley and Woodstock. For more information about National Night Out, visit their website www.natw.org.
National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events on Tuesday.
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U.S. Attorney Keefe Announces the Appointment of Three New Federal Prosecutors and Law Enforcement CoordinatorRead the Press Release
TALLAHASSEE, FLORIDA – Lawrence Keefe, United States Attorney for the Northern District of Florida, today announced the appointment of three new Assistant United States Attorneys: Lazaro Fields, Meredith Steer, and Kaitlin Weiss, assigned to the Tallahassee Criminal Division; and the additional appointment of Corey Aittama to serve as the Law Enforcement Coordinator for the Northern District of Florida.
Mr. Fields graduated magna cum laude and Order of the Coif from the Florida State University College of Law, and magna cum laude from the Florida State University College of Education. Prior to joining the U.S. Attorney’s Office, Mr. Fields was a litigation associate at Colson Hicks Eidson, P.A., where his practice focused primarily on complex commercial litigation and personal injury, products liability, and class action matters. Mr. Fields also clerked for United States District Judge Federico A. Moreno in the Southern District of Florida.
Ms. Steer earned her undergraduate degree from Penn State University and her law degree from George Mason University. After law school, Ms. Steer joined the United States Air Force JAG Corps, where she served on active duty for over 11 years. She began her career at Eglin Air Force Base, where she served as a Special Assistant U.S. Attorney in the Northern District of Florida. For the last two years, Ms. Steer was assigned as the Deputy Chief Counsel at Charleston AFB.
Ms. Weiss received a B.A. in International Studies from American University before obtaining her J.D. from Georgetown University Law Center. Prior to joining the U.S. Attorney’s Office, Ms. Weiss was an Assistant Attorney General practicing in the Criminal Appeals Division of the Florida Attorney General’s Office. While at the Attorney General’s Office, Ms. Weiss handled direct criminal appeals and post-conviction motions in the First District Court of Appeal and the Florida Supreme Court. Ms. Weiss began her legal career as an Assistant State Attorney in the Miami-Dade State Attorney’s Office.
Mr. Aittama is a law enforcement veteran with 26 years of experience in local, state, federal, and military law enforcement. Prior to joining the U.S. Attorney's Office, Mr. Aittama was a Law Enforcement Captain with the Florida Department of Agriculture and Consumer Services, Office of Inspector General. He has held positions on various task forces in Pensacola, Fort Walton Beach, Panama City, and Tallahassee, including the DEA Task Force, North Florida Healthcare Task Force, and Okaloosa Multi-Agency Drug Task Force. He begin his law enforcement career in the United States Air Force as a Security Forces officer at Eglin Air Force Base.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the U.S. Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
U.S. Attorney Downing to Participate in National Night Out in MooreRead the Press Release
OKLAHOMA CITY – U.S. Attorney Timothy J. Downing will join law enforcement, community leaders, and residents on Tuesday, August 6, at the Warren Theater parking lot in Moore from 7:00 to 9:00 p.m. to celebrate National Night Out.
National Night Out is a community-building and crime-prevention campaign that promotes collaborative law enforcement-community partnerships and neighborhood camaraderie. Thousands of communities nationwide will participate in neighborhood block parties, festivals, cookouts, safety demonstrations, seminars, and activities that heighten crime- and drug-prevention awareness and generate support for and participation in local anticrime efforts. Events such as these help strengthen neighborhood spirit, police-community partnerships, and demonstrate a shared commitment for strong and safe communities.
"For 36 years, National Night Out has rallied neighborhood residents, law enforcement, and community leaders in the common goal of strengthening relationships to help prevent and deter crime in our local community. I am proud to stand with my neighbors in Moore and cities and towns across the Western District of Oklahoma to support safer streets and drive out crime," said U.S. Attorney Downing.
National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events on Tuesday. Many, including the event in Moore, feature local vendors and demonstrations by local ambulance, fire, and police teams.
The City of Norman will also hold various neighborhood events on Tuesday in addition to its community-wide National Night Out event at the Norman Police Department, 201 West Gray Street, from 5:30 to 8:30.
U.S. Attorney Carpenito to Take Part in 36th Annual National Night OutRead the Press Release
NEWARK, N.J. – U.S. Attorney Craig Carpenito will join members of law enforcement, community leaders and residents on Tuesday, August 6th at West Side Park in Newark to celebrate the 36th annual National Night Out crime and drug prevention event.
National Night Out is a community-building and crime prevention campaign that promotes collaborative law enforcement-community partnerships and neighborhood camaraderie. Thousands of communities nationwide will participate in neighborhood block parties, festivals, cookouts, safety demonstrations, seminars, and activities that heighten crime and drug prevention awareness and generate support for and participation in local anticrime efforts. Events such as these help to strengthen neighborhood spirit, police-community partnerships, and demonstrate a shared commitment for strong and safe communities.
“National Night Out has rallied neighborhood residents, law enforcement and community leaders in the common goal of strengthening relationships to help prevent and deter crime in our local community,” U.S. Attorney Carpenito said. “I am proud to stand with my colleagues and my neighbors to support safer streets and work together to drive out crime.”
“The National Night Out celebration is a community/police awareness event, which is recognized throughout the United States and is held annually on the first Tuesday in August,” Newark Public Safety Director Anthony Ambrose said. “It is a day that the Police Division promotes community/police partnerships and neighborhood camaraderie.”
The Newark event runs from 2:00 p.m. to 8:00 p.m.
Other members of the U.S. Attorney’s Office, District of New Jersey, will be participating in events in Carteret, Jersey City, Mount Olive, Plainfield, Millburn, Piscataway, Union, Chatham, Nutley, Robbinsville and Secaucus. National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events on Tuesday.
U.S. Attorney Bill Powell to take part in National Night OutRead the Press Release
WHEELING – U.S. Attorney Bill Powell and his staff will join law enforcement, community leaders and residents on Tuesday, August 6th at events in Martinsburg, Clarksburg, Bridgeport, and Wheeling to celebrate the 36th annual National Night Out crime and drug prevention event.
“Reducing violent crime and promoting safety in American communities is a major focus of the Justice Department and U.S. Attorneys across the country,” said Deputy Attorney General Jeffrey A. Rosen. “National Night Out is an opportunity to strengthen the bonds, the respect, and the camaraderie between neighbors and law enforcement officers. These relationships make our country stronger and safer.”
National Night Out is a community-building and crime prevention campaign that promotes collaborative law enforcement-community partnerships and neighborhood camaraderie. Thousands of communities nationwide will participate in neighborhood block parties, festivals, cookouts, safety demonstrations, seminars, and activities that heighten crime and drug prevention awareness and generate support for and participation in local anticrime efforts. Events such as these help to strengthen neighborhood spirit, police-community partnerships, and demonstrate a shared commitment for strong and safe communities.
“For 36 years, National Night Out has rallied neighborhood residents, law enforcement and community leaders in the common goal of strengthening relationships to help prevent and deter crime in our local community. I am proud to stand with my colleagues and my neighbors to support safer streets and work together to drive out crime,” said U.S. Attorney Powell.National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events on Tuesday.
U.S. Attorney Bart M. Davis Encourages Public Participation in 36th Annual National Night OutRead the Press Release
BOISE – U.S. Attorney Bart M. Davis is encouraging the public to join law enforcement, community leaders and local residents on Tuesday, August 6th to celebrate the 36th annual National Night Out crime and drug prevention event taking place in multiple cities across the state.
National Night Out is a community-building and crime prevention campaign that promotes collaborative law enforcement-community partnerships and neighborhood camaraderie. Thousands of communities nationwide will participate in neighborhood block parties, festivals, cookouts, safety demonstrations, seminars, and activities that heighten crime and drug prevention awareness and generate support for and participation in local anticrime efforts. Events such as these help to strengthen neighborhood spirit, police-community partnerships, and demonstrate a shared commitment for strong and safe communities.
“For 36 years, National Night Out has united neighborhood residents, law enforcement and community leaders in the common goal of strengthening relationships to help prevent and deter crime in our local communities. I am proud to stand with my colleagues and my neighbors to support safer streets and work together to drive out crime,” said U.S. Attorney Davis. “Participation in events like National Night Out strengthens community spirit and fosters trust between residents and those who are sworn to protect them.”
“Reducing violent crime and promoting safety in American communities is a major focus of the Justice Department and U.S. Attorneys across the country,” said Deputy Attorney General Jeffrey A. Rosen. “National Night Out is an opportunity to strengthen the bonds, the respect, and the camaraderie between neighbors and law enforcement officers. These relationships make our country stronger and safer.”
National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events on Tuesday.
USA Davis encourages you to be a part of the 38 million neighbors who have strengthened their communities by participating in National Night Out. There are numerous events being held across Idaho. Participating cities include: Boise, Coeur d’Alene, Eagle, Idaho Falls, Lapwai, Meridian, Nampa, Pocatello, and Twin Falls, just to name a few. Visit your local city or police department’s website for more information and to find an event near you.
Please visit the City of Boise website for more information on National Night Out events taking place in more than 40 neighborhoods throughout Boise.
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U.s. Attorney Matthew Schneider to Take Part in 36th Annual National Night OutRead the Press Release
Detroit, MI – U.S. Attorney Matthew Schneider will join law enforcement, community leaders and residents on Tuesday, August 6th at several locations throughout the Detroit to celebrate the 36th annual National Night Out crime and drug prevention event.
National Night Out is a community-building and crime prevention campaign that promotes collaborative law enforcement-community partnerships and neighborhood camaraderie. Thousands of communities nationwide will participate in neighborhood block parties, festivals, cookouts, safety demonstrations, seminars, and activities that heighten crime and drug prevention awareness and generate support for and participation in local anticrime efforts. Events such as these help to strengthen neighborhood spirit, police-community partnerships, and demonstrate a shared commitment for strong and safe communities.
“Reducing violent crime and promoting safety in American communities is a major focus of the Justice Department and U.S. Attorneys across the country,” said Deputy Attorney General Jeffrey A. Rosen. “National Night Out is an opportunity to strengthen the bonds, the respect, and the camaraderie between neighbors and law enforcement officers. These relationships make our country stronger and safer.”
“For 36 years, National Night Out has rallied neighborhood residents, law enforcement and community leaders in the common goal of strengthening relationships to help prevent and deter crime in our local community. I am proud to stand with my colleagues and my neighbors to support safer streets and work together to drive out crime,” said U.S. Attorney Matthew Schneider.
Mr. Schneider will appear at the following Detroit Police precincts throughout the afternoon: 9th Precinct, (Heilmann Recreation Center), 5th Precinct (Jamison Temple), 6th, 8th & 12th Precincts (Peterson Park), 4th Precinct (Patton Park) and 11th Precinct (Neighborhood Policing Unit).
National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events on Tuesday.
Two Chicago Men Sentenced to Federal Prison for Carjacking and Weapons OffensesRead the Press Release
CHICAGO — Two Chicago men who carjacked a sport-utility vehicle at gunpoint in the city’s Goose Island neighborhood have each been sentenced to eleven years in federal prison.
JASON DORTCH, 20, and DAVONTAE JONES, 20, forcibly took the Jeep Grand Cherokee on Nov. 13, 2017. During the carjacking, the Jeep’s owner was struck on the back of the head with a gun, while a second gun was pointed at the heads of both the owner and a passenger.
Dortch and Jones pleaded guilty earlier this year to carjacking and weapons offenses. U.S. District Judge John J. Tharp, Jr., on Thursday sentenced Dortch and Jones to eleven years apiece in federal prison.
The sentencings were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the FBI; and Eddie Johnson, Superintendent of the Chicago Police Department. The Cook County State’s Attorney’s Office, Cook County Sheriff’s Office, Oak Park Police Department, and Illinois State Police provided valuable assistance.
The case was investigated by the Chicago 11th District Violent Crimes Task Force, which consists of agents and officers from the FBI, CPD, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Drug Enforcement Administration, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
“In a city that has seen carjackings and shootings in staggering numbers, violent crimes like the ones the defendants committed should not be tolerated,” Assistant U.S. Attorneys Jeannice W. Appenteng and Kalia Coleman argued in the government’s sentencing memorandum. “The defendants’ conduct demonstrates profound disrespect for the law and complete disregard for fellow citizens and the community.”
According to evidence in the case, the owner of the Jeep complied with the defendants’ demands for the keys, and also handed over $40. About 30 minutes later and a mile away, a CPD officer observed the defendants in the stolen Jeep. Dortch and Jones refused to stop and instead led police on a high-speed chase onto the Eisenhower Expressway. The defendants eventually lost control of the vehicle, crashing it just east of the Harlem Avenue exit in Oak Park. They were arrested nearby after a foot chase.
Tracy Resident Convicted of 21 Counts of “H-1B” Visa Fraud and Two Counts of Aggravated Identity TheftRead the Press Release
SACRAMENTO, Calif. — A federal jury convicted Abhijit Prasad, 52, of Tracy, of 21 counts of visa fraud and two counts of aggravated identity theft today. The case originated in Sacramento when the grand jury there indicted Prasad in 2016, but the case was ultimately tried in San Francisco following a court order transferring the case there.
U.S. Attorney David Anderson for the Northern District of California and U.S. Attorney McGregor W. Scott for the Eastern District of California made the announcement.
According to the evidence at trial, Prasad filed 19 petitions for H-1B nonimmigrant visas containing false statements, made under penalty of perjury, as to purported work projects to be performed at locations in California, including Cisco Systems. The evidence at trial showed that Cisco had no expectation that the foreign workers who were the beneficiaries of the visa petitions would actually work at Cisco on an existing work project. The evidence at trial further showed that the defendant knowingly submitted forged Cisco documents to United States Citizenship and Immigration Services in support of his claims that the beneficiaries would work at Cisco.
Finally, the evidence at trial showed that Prasad fraudulently used the digital signature of a Cisco employee, who was not authorized to sign Cisco employment documents, to create a document that would leave the impression that two of the H-1B workers had an existing work project at Cisco. Prasad obtained two of the H-1B visas using this fraudulent document that purports to be a fully executed Cisco contract.
“This verdict sends a strong message: the Diplomatic Security Service is committed to making sure those who commit visa fraud face consequences for their criminal actions,” said Matthew Perlman, Special Agent in Charge of the DSS San Francisco Field Office. “Diplomatic Security’s strong relationship with the U.S. Attorney’s Office and with the Document and Benefit Fraud Task Force continues to be essential in the pursuit of justice.”
“Homeland Security Investigations remains laser focused to conduct document and benefit fraud investigations, arresting and bringing to justice individuals, like Prasad, who seek to undermine and abuse the laws of the United States,” said Tatum King, special agent in charge of Homeland Security Investigations (San Francisco and Northern California). “These types of fraudulent activities pose a severe threat to national security and public safety as it creates vulnerabilities for terrorists and other criminals to exploit. HSI and our law enforcement partners will not tolerate such criminal activities and will hold violators accountable to the fullest extent of the law.”
The case is the product of an investigation by the U.S. Department of State, Diplomatic Security Service’s representative to the Document and Benefit Fraud Task Force (DBFTF), overseen by Homeland Security Investigations. The DBFTF is a multi-agency task force that coordinates investigations into fraudulent immigration documents. U.S. Citizenship and Immigration Service’s Office of Fraud Detection and National Security also assisted with the investigation. Assistant U.S. Attorneys Audrey B. Hemesath and Michael A. Rodriguez are prosecuting the case.
Prasad is scheduled to be sentenced on Oct. 16 by U.S. District Judge Charles R. Breyer. Prasad faces a maximum statutory penalty of 10 years in prison and a $250,000 fine for the visa fraud. He faces a two-year mandatory prison sentence and a $250,000 fine for the aggravated identity theft counts. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Tracy Resident Convicted of Visa Fraud and Aggravated Identity TheftRead the Press Release
SAN FRANCISCO – A federal jury convicted Abhijit Prasad of 21 counts of visa fraud and two counts of aggravated identity theft. U.S. Attorney David Anderson for the Northern District of California and U.S. Attorney McGregor W. Scott for the Eastern District of California made the announcement. The verdict was handed down today after a one-week trial before Charles R. Breyer, United States District Judge.
According to the evidence at trial, Prasad, 52, of Tracy, filed 19 petitions for H-1B nonimmigrant visas containing false statements, made under penalty of perjury, as to purported work projects to be performed at locations in California, including Cisco Systems. The evidence at trial showed that Cisco had no expectation that the foreign workers who were the beneficiaries of the visa petitions would actually work at Cisco on an existing work project. The evidence at trial further showed that the defendant knowingly submitted forged Cisco documents to United States Citizenship and Immigration Services in support of his claims that the beneficiaries would work at Cisco. The evidence at trial also showed that Prasad fraudulently used the digital signature of a Cisco employee, who was not authorized to sign Cisco employment documents, to create a document that would leave the impression that two of the H-1B workers had an existing work project at Cisco. Prasad obtained two of the H-1B visas using this fraudulent document that purports to be a fully executed Cisco contract.
“This verdict sends a strong message: the Diplomatic Security Service is committed to making sure those who commit visa fraud face consequences for their criminal actions,” said Matthew Perlman, Special Agent in Charge of the DSS San Francisco Field Office. “Diplomatic Security’s strong relationship with the U.S. Attorney’s Office and with the Document and Benefit Fraud Task Force continues to be essential in the pursuit of justice.”
“Homeland Security Investigations remains laser focused to conduct document and benefit fraud investigations, arresting and bringing to justice individuals, like Prasad, who seek to undermine and abuse the laws of the United States,” said Tatum King, Special Agent in Charge of Homeland Security Investigations (San Francisco and Northern California). “These types of fraudulent activities pose a severe threat to national security and public safety as it creates vulnerabilities for terrorists and other criminals to exploit. HSI and our law enforcement partners will not tolerate such criminal activities and will hold violators accountable to the fullest extent of the law.”
Judge Breyer scheduled Prasad’s sentencing hearing for October 16, 2019. Prasad faces a maximum statutory penalty of 10 years in prison and a $250,000 fine for the visa fraud. He faces a two-year mandatory prison sentence and a $250,000 fine for the aggravated identity theft counts. Further, additional fines, forfeitures, and restitution may be ordered; however, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys Audrey B. Hemesath and Michael A. Rodriguez are prosecuting the case. The case is the product of an investigation by the U.S. Department of State, Diplomatic Security Service’s representative to the Document and Benefit Fraud Task Force (DBFTF), overseen by Homeland Security Investigations. The DBFTF is a multi-agency task force that coordinates investigations into fraudulent immigration documents. U.S. Citizenship and Immigration Service’s Office of Fraud Detection and National Security also assisted with the investigation.
Three Maryland Defendants Indicted on Federal Sex Trafficking and Kidnapping ChargesRead the Press Release
Baltimore, Maryland – A federal grand jury has returned an indictment charging the following individuals with conspiracy to commit sex trafficking, sex trafficking by force, fraud, and coercion, conspiracy to commit kidnapping, and kidnapping, for allegedly forcing a woman to engage in commercial sex acts for the financial benefit of the defendants. Charged in the indictment are:
Lakeya N. Aldridge, a/k/a Keys and Keya, age 39, of Federalsburg, Maryland; Joshua I. Lankford, a/k/a 20-20, 20, Light Bright, and Yellow, age 30, of Manchester, Maryland; and
Kevonne L. Murphy, a/k/a Humble and Shackles, age 27, of Federalsburg.The indictment was returned on August 1, 2019. All three defendants have had an initial appearance. Lankford and Aldridge have detention hearings scheduled for August 5 and August 6, 2019, respectively, each at 2:30 p.m. Murphy consented to be detained pending trial.
The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge John Eisert of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Colonel William M. Pallozzi, Superintendent of the Maryland State Police; Chief Michael McDermott of the Federalsburg Police Department; Colonel Nathaniel McQueen, Jr. of the Delaware State Police; and Attorney General Kathy Jennings of the Delaware Department of Justice.
According to the four-count indictment, from approximately October 1 to October 30, 2018, the defendants conspired to, and engaged in the business of recruiting, enticing, harboring, transporting, advertising, and maintaining the victim, K.A., an adult female, to engage in commercial sex acts for their financial benefit. Specifically, the indictment alleges that Aldridge, Lankford, and Murphy rented hotel rooms for the victim to engage in commercial sex acts, as well as transporting the victim to “out calls” to hotel rooms and other locations to engage in commercial sex acts, including transporting her across state lines. Aldridge allegedly provided narcotics, including heroin, to the victim to recruit, entice, and maintain the victim throughout the course of her engaging in commercial sex acts.
The indictment further alleges that Aldridge, Lankford, and Murphy caused the victim to communicate with and solicit potential sex customers via the Internet, including social media, on their cellular phones. On October 29, 2018, after the victim performed commercial sex acts in Maryland at the direction of the defendants, Aldridge, Lankford, and Murphy used force, threats of force, and physically assaulted the victim in order to transport her, against her will, from Federalsburg, Maryland, to a motel in Laurel, Delaware, to continue the sex trafficking conspiracy.
Each of the defendants faces a maximum of life in prison for conspiracy to commit sex trafficking; a mandatory minimum of 15 years and a maximum of life in prison for sex trafficking by force, fraud, and coercion; and a maximum of life in prison for kidnapping conspiracy and for kidnapping.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was investigated by the Maryland Human Trafficking Task Force, formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members include federal, state, and local law enforcement, as well as victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit http://www.justice.gov/usao/md/priorities_human.html.
Report suspected instances of human trafficking to HSI's tip line at 866-DHS-2ICE (1-866-347-2423) or by completing its online tip form. Both are staffed around the clock by investigators.
United States Attorney Robert K. Hur commended HSI, the Maryland State Police, the Federalsburg Police Department, the Delaware State Police, and the Delaware Department of Justice for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Mary W. Setzer and Matthew DellaBetta, who are prosecuting the case.
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Streamwood Man Admits Enticing Underage Boy to Produce Sexually Explicit VideosRead the Press Release
CHICAGO — A Streamwood man has pleaded guilty to a federal child pornography charge and admitted enticing a 16-year-old boy to produce sexually explicit videos of himself.
MICHAEL LIEDTKE, 34, pleaded guilty Friday to one count of receipt of child pornography. He faces a mandatory minimum sentence of five years in federal prison and a maximum sentence of 20 years. U.S. District Judge Elaine E. Bucklo set sentencing for Oct. 28, 2019, at 10:30 a.m.
The guilty plea was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Kevin Keithley, Deputy Special Agent-in-Charge of the Chicago office of the FBI; and Robert Berlin, DuPage County State’s Attorney. The Carol Stream Police Department provided valuable assistance. The government is represented by Assistant U.S. Attorney Abigail Peluso.
Liedtke admitted in a plea agreement that in December 2016 he enticed the 16-year-old boy to create two sexually explicit videos and send them to Liedtke via cellphone. During a court-authorized search of Liedtke’s home earlier this year, law enforcement discovered an external disk drive that contained 29 images and six videos of children engaged in sexually explicit conduct, the plea agreement states. Each of the children depicted in the images and videos was identified as a known child victim by the National Center for Missing and Exploited Children.
Liedtke also admitted in the plea agreement that in January 2019 he possessed and operated a video camera that he intentionally hid in the ceiling of a public restroom at the DuPage County Training Academy in Carol Stream. Recordings from the camera depicted the unclothed body parts of approximately 400 people using the restroom, including approximately 300 children under the age of 18, the plea agreement states. Liedtke acknowledged in the plea agreement that he placed the video camera in the restroom to obtain the lewd images.
“This office will continue to prosecute and hold accountable those individuals who prey upon our youth,” said U.S. Attorney Lausch. “This plea agreement does just that, as Mr. Liedtke now stands as a convicted felon. We appreciate the outstanding work of our colleagues at the DuPage County State’s Attorney’s Office, as well as our federal, state, and local law enforcement partners, who worked together to bring justice to Mr. Liedtke.”
“Mr. Liedtke betrayed our community by victimizing children entrusted to his care,” said FBI Deputy Special Agent-in-Charge Keithley. “The FBI is charged with protecting our most vulnerable citizens from exploitation, and this guilty plea demonstrates our commitment to working with law enforcement partners to ensure that predators like Mr. Liedtke answer for their crimes.”
“Mr. Liedtke violated the trust placed in him by the parents of the athletes he trained,” DuPage County State’s Attorney Berlin said. “I would like to thank the U.S. Attorney’s Office for their work in holding Mr. Liedtke responsible for his vulgar behavior. Today’s plea in federal court is an outstanding example of state and federal authorities working together to protect the public.”
As set forth in the federal plea agreement, now that the defendant has pleaded guilty and stipulated to a wide range of criminal conduct, the DuPage County State’s Attorney’s Office will move to dismiss the parallel state criminal charges pending against Liedtke.
If you believe you are a victim of sexual exploitation, you are encouraged to call the National Center for Missing and Exploited Children at 1-800-843-5678. The hotline is available 24 hours a day, seven days a week.
Stanislaus County Man Convicted of Home Invasion Robberies Targeting Marijuana GrowersRead the Press Release
FRESNO, Calif. — On Thursday, Aug. 1, after a three–day trial, a federal jury found Jose Jesus Carbajal, 33, of Waterford, guilty of one count of conspiracy to commit robbery affecting interstate commerce, one count of interference with commerce by robbery, and one count of brandishing a firearm during a crime of violence, U.S. Attorney McGregor W. Scott announced.
According to evidence presented at trial, from at least October 2014 until December 2017, Carbajal was part of a robbery crew that targeted and robbed marijuana growers of their marijuana and cash. Carbajal and the crew posed as law enforcement officers to gain access to the property, announced they had a search and seizure warrant, then tied up the victims and held them at gunpoint while robbing them of marijuana, cash, and other items.
This case is the product of an investigation by the Federal Bureau of Investigation, the Colusa County Sheriff’s Department, the Central Valley Gang Impact Task Force, the Turlock Police Department, the Rio Dell Police Department, and the Hollywood Division of the Los Angeles Police Department. Forensic expertise and investigative assistance were provided by the California Department of Justice’s Bureau of Forensic Services and the FBI Laboratory in Quantico, Virginia. Assistant U.S. Attorneys Melanie L. Alsworth and Geoffrey D. Wilson are prosecuting the case.
Carbajal is scheduled to be sentenced by U.S. District Judge Lawrence J. O’Neill on Oct. 28. Carbajal faces a maximum statutory penalty of 20 years in prison and a $250,000 fine on counts one and two, and mandatory consecutive sentence of seven years to life on count three. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
St. Croix Man Apprehended at St. Thomas Cyril E. King Airport Pleads Guilty to Trafficking over 18 Kilograms of CocaineRead the Press Release
St. Thomas, USVI – Mikhail Munoz, 31, originally of St. Croix, pled guilty to possession with intent to distribute 5 kilograms or more of cocaine, United States Attorney Gretchen C.F. Shappert announced.
According to court documents, on May 20, 2019, Munoz checked himself and a suitcase in for a flight bound from St. Thomas to Miami. When Munoz’s checked luggage passed through inspection with the Transportation Security Administration (TSA), it set off an alarm, leading to the discovery of 18 "brick like" items, each of which was wrapped in aluminum foil, plastic wrap, and vacuum-sealed. Each of the brick-like bundles contained a white powdery substance that field-tested positive for cocaine. Collectively, the bricks weighed approximately 19 kilograms.
This offense carries a mandatory minimum sentence of 10 years’ imprisonment, with a maximum of life; a term of supervised release of at least 5 years; and a fine of up to $10,000,000. Sentencing is scheduled for December 5, 2019.
This case was investigated by Homeland Security Investigations, U.S. Customs and Border Protection (CBP), and the TSA, and was prosecuted by Assistant United States Attorney Meredith J. Edwards.
South Carolina women sentenced for fentanyl distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Peggy Louise Farrington and Jacqueline Lee Weigland, both of Galivants Ferry, South Carolina, were sentenced today for distributing fentanyl, United States Attorney Bill Powell announced.
Farrington, age 54, was sentenced to 24 months incarceration. Weigland, age 58, was sentenced to 57 months incarceration. Each pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Fentanyl” in April 2019. The women admitted to possessing fentanyl in January 2019 in Berkeley County.
These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
Assistant U.S. Attorney Lara K. Omps-Botteicher prosecuted the cases on behalf of the government. The Martinsburg Police Department investigated.
Chief U.S. District Judge Gina M. Groh presided.
Soda Springs Man Sentenced to 17 Years in Prison for Running Drug Trafficking Organization in Eastern IdahoRead the Press Release
POCATELLO – Ryan Fitzgerald Dalley, 44, of Soda Springs, was sentenced last week in U.S. District Court to 17 years in federal prison for continuing criminal enterprise and conspiracy to launder money, U.S. Attorney Bart M. Davis announced. U.S. District Judge B. Lynn Winmill ordered that Dalley be placed on supervised release for ten years following his prison sentence. Dalley pleaded guilty on June 25, 2018.
According to court records, Dalley admitted that from September 2013 to October 2017, he acted as an organizer, supervisor or manager over at least five other individuals who conspired to distribute methamphetamine in Idaho and other states. He further admitted that he received substantial income from the sales of methamphetamine and laundered $100,000 in drug proceeds.
“Idaho has a methamphetamine problem that permeates every community,” said U.S. Attorney Davis. “My office is dedicated to working with local, state, and federal agencies to ensure that individuals like Mr. Dalley, who repeatedly attempt to enrich themselves through the suffering of others, receive justice and are removed from society.”
“Mr. Dalley’s drug trafficking organization flooded Eastern Idaho with hundreds of pounds of methamphetamine,” said Idaho State Police Detective Lee Edgley. “This organization operated in Idaho, Utah, Montana, and Arizona. The Idaho State Police will continue to work with local and federal law enforcement to bring to justice those individuals and organizations who seek to profit from selling dangerous controlled substances that tear at the very fabric of our community.”
At sentencing, Judge Winmill noted that he has presided over a significant share of the drug sentencings in federal court in Pocatello for the past 24 years and he believes that Dalley’s drug trafficking organization is “one of, if not the largest, drug trafficking operation in Eastern Idaho.”
Judge Winmill also ordered Dalley to pay a $1,500 fine and forfeit $88,623 in seized U.S. currency and at least $25,000 of unrecovered cash proceeds and/or facilitating property.
The case was investigated by the Idaho State Police, Pocatello Police Department, Bingham County Sheriff’s Office, Bannock County Sheriff’s Office, The BADGES Drug Task Force, and the Organized Crime and Drug Enforcement Task Force (OCDETF).
The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. Program participants include the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Internal Revenue Service-Criminal Investigation; and the U.S. Marshals Service.
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Rhode Island Man Sentenced to 179 Months for Trafficking Heroin into Southeastern ConnecticutRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that EDDY PENA, 30, of Providence, Rhode Island, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 179 months of imprisonment, followed by five years of supervised release, for trafficking heroin.
On February 20, 2019, a jury found Pena guilty of one count of conspiracy to distribute, and to possess with intent to distribute, one kilogram or more of heroin. Prior to his trial, on February 4, 2019, Pena pleaded guilty to two counts of possession of heroin with intent to distribute.
According to court documents, statements made in court and the evidence introduced during the trial, this matter stems from an investigation that began after several heroin overdoses in southeastern Connecticut, including two overdose deaths involving a heroin and fentanyl mix that occurred in January, 2016. The investigation, which included court-authorized wiretaps and controlled purchases of narcotics, revealed that Pena regularly supplied Michael Luciano, of New London, with large quantities of heroin. Luciano, who also received heroin from sources in Rhode Island and Massachusetts, distributed the drug through a network of street-level dealers in southeastern Connecticut. The evidence at trial also indicated that Pena supplied heroin to individuals in Providence, Rhode Island, and Fall River, Massachusetts, as early as 2012. Based on the trial evidence, Judge Shea found that Pena was responsible for the trafficking of at least 10 kilograms of heroin but less than 30 kilograms of heroin, and that Pena was the leader of a conspiracy that was extensive and involved five or more participants.
Pena has been detained since his arrest on November 14, 2017. On that date, investigators executed 12 federal search warrants and seized more than three kilograms of heroin from other members of the conspiracy, and approximately $14,000 in cash from Pena.
On December 12, 2017, a grand jury in Hartford returned a 25-count superseding indictment charging Pena, Luciano and 19 other individuals with various heroin trafficking offenses.
On June 27, 2018, Luciano pleaded guilty to one count of conspiracy to possess with intent to distribute one kilogram or more of heroin. On January 29, 2019, he was sentenced to 12 years of imprisonment.
This matter has been investigated by the Drug Enforcement Administration, U.S. Marshals Service, Internal Revenue Service – Criminal Investigation Division, Homeland Security Investigations, Connecticut State Police Statewide Narcotics Task Force East and the New London, Norwich, Waterford, Attleboro (Mass.) and Freetown (Mass.) Police Departments.
This case is being prosecuted by Assistant U.S. Attorneys S. Dave Vatti and Geoffrey M. Stone.
Portland Man Pleads Guilty to Clean Water Act Violation for Discharging Oil into Willamette RiverRead the Press Release
PORTLAND, Ore.—A local man pleaded guilty today in federal court for violating the Clean Water Act by negligently discharging oil into the Willamette River in Portland.
Robert La Rue Webb, II, 59, pleaded guilty to one count of negligently discharging harmful quantities of oil into a water of the U.S.
According to court documents and disclosures at the hearing, on January 22, 2018, Webb, an employee of the engineering firm Mott MacDonald, was pumping oil into a 10,000-gallon used-oil tank at the Union Pacific Albina Railyard in Portland. While operating the pump, Webb walked away to make a phone call and was still distracted by his cell phone as the tank overflowed. More than 1,000 gallons of oil entered a storm water drain and were discharged into the Willamette River, resulting in a sheen and discoloration of the river’s surface.
Webb faces a maximum sentence of one year in prison, a $25,000 per day fine and one year of supervised release. He will be sentenced on October 28, 2019 before U.S. District Court Judge Michael W. Mosman.
This case was investigated by the EPA Criminal Investigation Division. It is being prosecuted by Ryan W. Bounds, an assistant U.S. attorney for the District of Oregon, and Will McLaren, a special assistant U.S. attorney for the district and criminal enforcement counsel for EPA Region 10.
Port Townsend, Washington Man Arrested for Engaging in Illicit Sexual Conduct in a Foreign PlaceRead the Press Release
A 62-year-old Port Townsend, Washington, man was arrested today on a complaint charging him with two counts of engaging in illicit sexual conduct in a foreign place, announced U.S. Attorney Brian T. Moran. JOHN TIMOTHY WHICHER will make his initial appearance on the complaint in U.S. District Court in Tacoma at 2:30 today.
According to the criminal complaint, in August 2017 WHICHER took the 6-year-old child to Canada to stay at a family cabin in Ontario. WHICHER allegedly planned the trip as a surprise and purchased the trip without informing the child’s custodial parent. When the child returned from the trip the child disclosed to the parent the sexual molestation, saying WHICHER said to keep it a secret. The parent confronted WHICHER and reported the conduct to the Port Townsend Police.
Engaging in illicit sexual conduct in a foreign place is punishable by up to 30 years in prison and a $250,000 fine.
The charges contained in the criminal complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by Homeland Security Investigations (HSI). The case is being prosecuted by Assistant United States Attorney Matthew Hampton.
Philadelphia man sentenced for fentanyl distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – David Anthony Richardson, of Philadelphia, Pennsylvania, was sentenced today to 63 months incarceration for distributing fentanyl, United States Attorney Bill Powell announced.
Richardson, age 33, pled guilty to one count of “Possession with Intent to Distribute Fentanyl” in April 2019. Richardson admitted to having more than 40 grams of a substance containing fentanyl in Ohio County in August 2018.
Richardson faces no less than five years and up to 40 years incarceration and a fine of up to $5,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wheeling Police Department investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Chief U.S. District Judge Gina M. Groh presided.
Orlando Woman Sentenced to Six Years in Federal Prison for Committing Fraud While on Federal Supervised ReleaseRead the Press Release
Orlando, Florida – Senior U.S. District Judge Gregory A. Presnell today sentenced Lavitress Williams (39, Orlando) to six years in federal prison for wire fraud, passing counterfeit checks, and violating her supervised release.
On May 14, 2019, Williams had pleaded guilty to five counts of wire fraud and five counts of passing counterfeit checks. On June 4, 2019, she admitted that she had violated her federal supervised release by committing those crimes.
According to court documents, in 2013, Williams was sentenced to 5 years and 3 months in federal prison, followed by 3 years of supervised release, for participating in a scheme involving counterfeit travelers’ checks that were passed at Target stores located throughout the southeastern United States. After she was released from prison, and while serving on federal supervised release, Williams engaged in another check fraud scheme in which she passed counterfeit checks at Walgreens and CVS stores in Central Florida.
Over the course of more than five months, Williams passed, or attempted to pass, counterfeit checks at more than 40 drugstores. The total amount of actual and attempted losses associated with the scheme was more than $70,000.
This case was investigated by the U.S. Secret Service, with assistance from the Eatonville Police Department, the Maitland Police Department, the Orlando Police Department, the Winter Park Police Department, the Orange County Sheriff’s Office, the Osceola County Sheriff’s Office, the Volusia County Sheriff’s Office, and the U.S. Marshals Service. It was prosecuted by Assistant United States Attorney Roger B. Handberg.
Newton Accountant Charged with Wire Fraud and Filing False Tax ReturnRead the Press Release
BOSTON – A Newton man was charged today in federal court in Boston with wire fraud and filing a false tax return.
Jeffrey Kellem, 49, was charged by Information with four counts of wire fraud and one count of filing a false tax return.
As alleged in charging documents, from December 2016 through February 2018, Kellem used his position an accountant for an elderly client and the estate of a deceased client to steal more than approximately $1.6 million for his own use. It is alleged that Kellem transferred his clients’ funds, without their authorization, to bank accounts he opened and controlled.
Kellem also failed to report more than $500,000 in income from the funds he took on his tax returns. As a result, in 2017, Kellem avoided paying taxes totaling more than $150,000.
The charge of wire fraud carries a sentence of up to 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater, and forfeiture. The charge of filing a false tax return carries a sentence of up to three years in prison, one year of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement today. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities and Financial Fraud Unit is prosecuting the case.
The details contained in the Information are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Newport Man Sentenced to 90 Months in Jail for Pharmacy Burglary and Firearms OffensesRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that, on August 2, 2019, Daniel Greenwood, age 43, was sentenced to 90 months in jail in United States District Court in Burlington, Vermont. Greenwood had previously pleaded guilty to possessing a firearm as a convicted felon in October 2017 and to committing a burglary of the Kinney Drugs in Cambridge, Vermont that same month. At the time of offenses, Greenwood had absconded from state supervision and was a fugitive during late 2017. He was arrested in late 2017 in Massachusetts and charged in connection with another burglary offense for which he is currently serving a sentence.
The firearms possession charge relates to a burglary of a residence in Thetford, Vermont, on October 21, during which Greenwood attempted to steal the homeowner’s hunting rifle. The homeowner, however, arrived home during the burglary and forcibly took back his rifle as Greenwood was fleeing the scene. Greenwood has a prior federal firearms conviction, according to the charges. The pharmacy burglary charge is a federal crime because Greenwood is alleged to have stolen over $500 in controlled substances during the burglary, which occurred on the night of October 15 when the pharmacy was closed.
The indictment against Greenwood was the culmination of a multi-agency investigation. The collaborative effort was led by the Bureau of Alcohol, Tobacco, and Firearms; the Drug Enforcement Administration; and the Vermont State Police, with the assistance of United States Marshals Service; the Customs and Border Protection Air and Marine Operations; the Newport Police Department; the Lamoille and Orleans County Sheriffs; and the Holyoke, Massachusetts, Police Department. Assistant United States Attorney Paul J. Van de Graaf was prosecuting the case. Greenwood was represented by Attorney Karen Shingler.
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. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
New York Man Pleads Guilty to Heroin and Crack TraffickingRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Quinton Spinks, a/k/a “Q,” a/k/a “Travis,” 35, of Rochester, New York, pleaded guilty today in U.S. District Court to conspiring to distribute heroin and cocaine base, commonly known as “crack.”
According to court records, between November 2016 and September 2017, Spinks conspired with others from Rochester and Central Maine to acquire heroin and crack in Rochester and to distribute the drugs in Augusta and surrounding communities.
The defendant faces up to 20 years in prison, between three years and life on supervised release, and a $1,000,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S Probation Office.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the U.S. Drug Enforcement Administration; and the Maine Drug Enforcement Agency, with significant assistance provided by the Maine State Police. The case was prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
New Jersey Man Arrested for Investment Fraud SchemeRead the Press Release
BOSTON – The owner of several Boston-based investment companies was arrested yesterday at Logan Airport on charges of operating a Ponzi-like fraud scheme.
Tanmaya Kabra, 25, who resided most recently in Weehawken, N.J., was charged in a criminal complaint unsealed today with wire fraud and bank fraud.
According to the criminal complaint, Kabra conducted business through a company called LaunchByte.IO LLC and several affiliated companies. He held himself out to investors as a successful serial entrepreneur, venture capitalist, and angel investor in start-up companies. Offering lucrative and low or no-risk returns on investments, Kabra allegedly lured investors with representations that their funds would be used to foster the growth and development of start-up companies, to prepare those companies for sale, or for other legitimate business opportunities. In reality, Kabra used the money that he received from investors to pay off existing debts to prior investors in his scheme and to fund his lavish personal expenses.
The charge of wire fraud provides for a maximum sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of bank fraud provides for a sentence of up to 30 years in prison, three years of supervised release and a fine of $1 million or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The Securities & Exchange Commission provided valuable assistance in this investigation. Assistant U.S. Attorney of Lelling’s Criminal Division Chris Looney is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
New Braunfels Man Sentenced to 80 Months in Federal Prison for Possessing Obscene Visual Representations of the Sexual Abuse of ChildrenRead the Press Release
In San Antonio today, 20-year-old Benjamin Joost Bogard was sentenced to 80 months in federal prison for possession of obscene visual representations of the sexual abuse of children, announced U.S. Attorney John F. Bash and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
In addition to the prison term, Senior U.S. District Judge David A. Ezra ordered that Bogard be placed under supervised release for a period of three years after completing his prison term.
On February 2, 2019, federal authorities arrested Bogard. The investigation showed that Bogard possessed visual depictions of the sexual abuse of children. On May 1, 2019, Bogard pleaded guilty to one count of possession of obscene visual representations of the sexual abuse of children.
“We are grateful that the court recognized the serious threat the defendant poses to the safety of the public. Testimony and evidence presented in this case demonstrated the defendant’s fixation with committing barbaric and inhumane acts of violence against children and others. The FBI will continue to work with our law enforcement partners and use every investigative tool to protect the public from acts of violence. We remind the public of the important role they play in keeping our communities safe, by immediately reporting potential public safety threats to law enforcement,” stated FBI Special Agent in Charge Christopher Combs.
The FBI San Antonio’s Child Exploitation Human Trafficking Task Force investigated this case. Assistant U.S. Attorney Tracy Thompson prosecuted this case on behalf of the Government.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Mississippi man sentenced for internet stalking of young Evansville womenRead the Press Release
Evansville – United States Attorney Josh J. Minkler, announced today the sentencing of Orlando Webber, 44, of Columbus, Mississippi for interstate stalking of young women from the Evansville area. Webber was sentenced to forty-six (46) months of imprisonment and 3 years of supervised release following the term of imprisonment by United States District Judge Richard Young in Evansville following a sentencing hearing on July 31, 2019.
For over four years, Webber used the moniker “Lando” to stalk as many as 30 high school-aged young women using various social media outlets. Most victims recall receiving vulgar and sexually explicit communications from Webber when they were 15-16 years old. Each time victims received the stalking messages, they would block him from their accounts, only to have Webber use a different account name to resume the stalking.
“This case should be a warning to anyone considering using social media platforms to sexually harass and stalk others,” said Minkler. “I want to commend the victims in this case for coming forward and assisting the investigators in identifying Webber and finally putting an end to his harassment. The cooperation of the victims not only ended their own harassment, it also prevented others from having to experience Webber’s abusive social media communications in the future.”
In April 2016, Victim 1 contacted the National Center for Missing and Exploited Children Cyber Tip Line to report that she and several other Evansville area high school girls were being harassed through their Twitter accounts. The messages included nude photographs of an adult male asking for sexual favors.
Federal law enforcement officials subpoenaed subscriber records and were able to locate Webber, who lived with his mother in Columbus, Mississippi. FBI agents used facial recognition technology to identify Webber after capturing images from a “Lando” social media account based on a tip from one of the victims.
At the time of Webber’s sentencing hearing, some of Webber’s victims appeared in court to describe the negative impact Webber had on their lives by placing them in fear because of his persistent stalking. As many as 30 different young women made reports about Webber’s stalking to the Federal Bureau of Investigation and the Evansville Police Department. The victims attending the sentencing hearing told the Judge that they finally felt safe again after Webber’s arrest on the stalking charges in May of 2018. Webber has been in custody since his arrest.
This case was investigated by the Federal Bureau of Investigation and the Evansville Police Department. The case was prosecuted on behalf of the government by Assistant United States Attorney Todd S. Shellenbarger.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting those who exploit children through the use of social media and to work closely with Project Safe Childhood. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 4.1 and 4.
Mineral County woman sentenced for role in a drug distribution operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Brittany Baker, of Elk Garden, West Virginia, was sentenced today to 12 months incarceration for her involvement in a drug distribution conspiracy, United States Attorney Bill Powell announced.
Baker, age 22, pled guilty to one count of “Possession with Intent to Distribute Methamphetamine” in April 2019. Baker admitted to distributing methamphetamine in June 2018 in Mineral County.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, The West Virginia State Police, and the Potomac Highlands Drug & Violent Crimes Task Force investigated.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Chief U.S. District Judge Gina M. Groh presided.
Methamphetamine Dealer Pleads Guilty to Federal Charges of Distributing Drugs and Discharging a Firearm in Furtherance of a Drug Trafficking CrimeRead the Press Release
Greenbelt, Maryland – Josue Balbino Ruiz-Reyes, age 25, of Adelphi, Maryland, pleaded guilty today to conspiracy to distribute and to possess with intent to distribute methamphetamines and to using, carrying, brandishing and discharging a firearm in connection with a drug trafficking offense.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Acting Chief Marcus Jones of the Montgomery County Police Department.
According to his guilty plea, from about 2016 through November 21, 2018, Ruiz-Reyes conspired with others, including Individual 1, to distribute methamphetamine. During that time, Ruiz-Reyes distributed crystal methamphetamine to individuals in and around Maryland in exchange for cash, services, or items of value, such as hotel stays. In October or November 2018, Ruiz-Reyes paid Individual 1 approximately $500 in cash for a future delivery of methamphetamine. Despite repeated requests from Ruiz-Reyes, Individual 1 failed to deliver the methamphetamine or repay the money.
As detailed in his plea agreement, late on November 15 or early November 16, 2018, Ruiz-Reyes drove a silver-colored vehicle to a house on Twig Road in Silver Spring, Maryland, where he knew Individual 1 often stayed with Individual 2. Ruiz-Reyes repeatedly fired a 9mm semi-automatic pistol at the Twig Road House in retaliation for Individual 1’s failure to pay the drug debt, and to induce Individuals 1 and 2 to repay the drug debt. In the evening of November 16, 2018, Ruiz-Reyes returned to the house in his silver vehicle and again discharged his weapon at the house over the drug debt owed to him by Individual 1. Ruiz-Reyes also sent threatening messages over social media to Individual 2 regarding the drug debt.
On November 21, 2018, Ruiz-Reyes was arrested in Hanover, Maryland, as he returned to his car in the parking lot of a casino/hotel. Officers executed a search warrant on the vehicle and recovered: the 9mm semi-automatic pistol used in the shooting, as well as spent shell casings from the exterior windshield and floorboard of the car; 20 small bags of crystal methamphetamine, weighing a total of 19.02 grams; a digital scale; empty clear plastic bags; two glass pipes; a knife; and a ski mask.
Ruiz-Reyes faces a mandatory minimum sentence of five years in prison and a maximum of 40 years in prison for the drug conspiracy; and a mandatory minimum of 10 years, consecutive to any other sentence, and up to life in prison for discharging a weapon in furtherance of a drug trafficking crime. U.S. District Judge George J. Hazel has scheduled sentencing for October 30, 2019 at 10:00 a.m.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Robert K. Hur commended the ATF and Montgomery County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Catherine K. Dick and Leah B. Grossi, who are prosecuting the case.
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Men Charged with Conspiring to Interfere with Commerce by RobberyRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Eric Mercado, 32, of Lowell, Massachusetts, was arrested in Georgia, and Steven Hardy, 42, of Maynard, Massachusetts, was arrested in Maynard, and both were charged today by criminal complaint unsealed in U.S. District Court in Maine with conspiring to interfere with commerce by robbery.
According to the complaint, on May 10, 2019, Mercado, Hardy and others drove from outside of Maine to a residence in York, Maine in order to commit an armed home invasion robbery to steal marijuana and marijuana sales proceeds. Both men, wearing face masks, entered the residence armed with firearms which they discharged during the attempted robbery. After discharging the firearms, they fled.
If convicted, they face up to 20 years in prison and a $250,000 fine.
Mercado’s initial appearance in U.S. District Court in Savannah, Georgia and Hardy’s initial appearance in Worcester, Massachusetts, have not yet been scheduled.
The ongoing investigation is being conducted by the FBI, in conjunction with the York Police Department.
A criminal complaint is merely an accusation, and a defendant is presumed innocent unless proven guilty in a court of law.
Martinsburg residents indicted for fentanyl, cocaine, heroin distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA –Tinesha Joann Burrows, of Martinsburg, West Virginia, was arrested and had an initial appearance Friday after being indicted July 23, 2019 by a federal grand jury sitting in Martinsburg, United States Attorney Bill Powell announced.
“Exceptional law enforcement efforts led to seizure of fentanyl in quantities that could kill everyone in Berkeley County twice over. When combined with the seizure of firearms, the result is a very dangerous combination. Luckily, none of it will get on our streets. We remain steadfast in our mission to prosecute these cases,” said Powell.
Burrows, age 36, was indicted on one count of “Aiding and Abetting Possession with Intent to Distribute Fentanyl,” one count of “Aiding and Abetting Possession with Intent to Distribute Cocaine Base,” and one count of “Aiding and Abetting Possession with Intent to Distribute Cocaine Base.”Dwayne Paige, of Martinsburg, West Virginia, is also charged in the indictment. He is currently in custody. Paige, age 45, was indicted on two counts of “Distribution of Fentanyl,” one count of Distribution of Cocaine Base,” one count of “Distribution of Heroin,” one count of “Aiding and Abetting Possession with Intent to Distribute Fentanyl,” one count of “Aiding and Abetting Possession with Intent to Distribute Cocaine Base,” one count of “Aiding and Abetting Possession with Intent to Distribute Cocaine Base,” and one count of “Unlawful Possession of a Firearm.”
Burrows and Paige are accused of having more than 400 grams of fentanyl, 500 grams of cocaine, and 28 grams of cocaine base. Paige, a person prohibited from having a firearm, is also accused of having two .45 caliber handguns and a .40 caliber handgun. The crimes are alleged to have occurred December 2018 to February 2019 in Berkeley County.
Burrows faces ten years to life incarceration and a fine of up to $10,000,000 for the aiding and abetting fentanyl count, and five to 40 years incarceration and a fine of up to $5,000,000 for each of the other aiding and abetting counts. Paige faces 10 years to life incarceration and a fine of up to $10,000,000 for the aiding and abetting fentanyl count, five to 40 years incarceration and a fine of up to $5,000,000 for each of the other aiding and abetting counts, and up to 20 years incarceration and fine of up to $1,000,000 for each of the distribution counts. Paige is also facing up to 10 years incarceration and a fine of up to $250,000 for the firearms count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
The government is also seeking forfeiture of the following in connection to the alleged crimes:• $51,157.00 in U.S. currency
• 18K White Gold Diamond Ring
• 14K Yellow Gold Diamond Necklace Featuring 1988 1 Ounce Gold Eagle
• 14K Rose Gold Diamond Padlock Necklace
• 14K White Gold Hamsa Diamond Pendant Necklace
• Hi-Point .45 caliber magazine with 9 rounds ammunition
• Beretta .40 caliber magazine with 11 rounds ammunition
• Glock .45 caliber magazine with 13 rounds ammunitionAssistant U.S. Attorney Timothy D. Helman is prosecuting the cases on behalf of the government. The Washington County, Maryland Drug & Violent Crimes Task Force investigated.
These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
U.S. Magistrate Judge Robert W. Trumble presided.
Manhattan U.S. Attorney Announces Settlement with Construction Company for Underpaying Workers and Submitting False Payroll Reports on Two Federally Funded ProjectsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Mark H. Watson Jr., U.S. Department of Labor (“DOL”) Wage and Hour Division Northeast Regional Administrator, announced today a settlement of a civil fraud lawsuit against NAGAN CONSTRUCTION, INC. (“NAGAN”), a construction contractor based in Inwood, New York, for underpaying workers on two federally funded construction projects and submitting false certified payroll reports that misclassified thousands of hours of work performed by these workers. The United States’ Complaint alleges that NAGAN violated federal prevailing wage requirements by paying 20 employees the wage rate applicable to “laborer” work – which typically involves unskilled tasks such as cleaning and transporting materials and equipment – when the employees had performed skilled work, such as carpentry and bricklayer tasks, which entitled them to a substantially higher wage rate.
As part of the settlement approved by U.S. District Judge Analisa Torres, NAGAN has agreed to pay the United States a sum of $435,000, $242,375.60 of which will be distributed to the current and former NAGAN employees who were underpaid. In addition, NAGAN admitted and accepted responsibility for conduct alleged in the Complaint, including underpaying its employees and improperly misclassifying thousands of hours of work they performed. NAGAN also agreed to implement specific measures designed to ensure future compliance with applicable federal prevailing wage laws, including conducting periodic internal compliance audits and ensuring that supervisors are fully trained on federal labor standards.
Manhattan U.S. Attorney Geoffrey S. Berman said: “On two large construction projects funded by the government, Nagan Construction violated federal labor laws – as well as its contracts – by failing to pay skilled employees the wages they were owed and then falsely describing the nature of the employees’ work in reports submitted to the government. This office will hold companies accountable when they cheat workers out of the wages they rightfully earn and then submit false reports to the government to justify the lower wage rate.”
DOL Wage and Hour Division Regional Administrator Mark H. Watson Jr. said: “Federal contractors must properly classify their employees and pay them the correct required rates and benefits. Not doing so not only denies workers their hard-earned wages, it also places law-abiding employers at a competitive disadvantage. The U.S. Department of Labor will utilize all available legal options and work cooperatively with our fellow law enforcement agencies to hold those who commit violations accountable. We encourage all employers to reach out to us for guidance, and to use the wide variety of tools we provide to help them comply with the law and avoid violations like those found in this case.”
The Davis-Bacon Act (the “DBA”) requires workers on federally funded construction projects in excess of $2,000 to be paid the local “prevailing wage.” The DOL issues wage determinations setting forth the applicable local prevailing wages for different work classifications on a project. The DBA requirements and applicable wage determinations are incorporated into project contracts. The construction contractor must submit certified payroll records to the federal contracting agency reflecting the employees who worked on a project each day, the hours each employee worked, the classification of the work performed, and the rate and total amount each employee was paid.
As alleged in the Complaint filed in Manhattan federal court:
In 2012, NAGAN entered into a contract with the United States Merchant Marine Academy (“USMMA”) to renovate a dining facility called Delano Hall located in Kings Point, New York (the “Delano Hall Project”). In 2014, NAGAN entered into a contract with the DOL to renovate the South Bronx Job Corps Center located in Bronx, New York (the “Job Corps Center Project”). NAGAN served as the prime contractor on the Delano Hall Project and the Job Corps Center Project, which were completed in or about March 2015 and February 2018, respectively.
During the course of the projects, NAGAN submitted monthly reports to the USMMA and the DOL requesting payment and describing the work performed during the month. NAGAN regularly submitted false certified payroll reports that misclassified thousands of hours of skilled work as “laborer” work.
NAGAN knowingly underpaid 20 employees working on the two projects and failed to pay them the prevailing wages they were entitled to based on the nature of the work the employees performed. NAGAN routinely paid its employees the wage rate applicable to “laborer” work – which typically involves unskilled tasks such as cleaning and transporting materials and equipment – when in fact the employees had performed skilled work, such as carpentry and bricklayer tasks. The prevailing wage rates for carpentry, bricklayer, and other skilled work were substantially higher than the wage rate for laborer work on both projects.
In the settlement agreement, NAGAN admits, acknowledges, and accepts responsibility for the following conduct:
- NAGAN’s president and CEO, as well as other senior NAGAN managers, were aware of the requirement to pay workers the prevailing wage rates listed in the applicable wage determinations.
- NAGAN underpaid 20 employees who worked on the Delano Hall Project and the Job Corps Center Project. NAGAN improperly misclassified thousands of hours of the work these employees performed on the two projects. NAGAN paid these employees for this work using the prevailing laborer wage, instead of the higher prevailing wage to which they were entitled for the carpentry, bricklayer, and other skilled work the employees had actually performed.
- NAGAN failed to adequately train its supervisors and managers on how to properly classify work in order to comply with DBA requirements.
- NAGAN failed to implement effective systems and mechanisms to verify that the company properly classified its employees and consistently paid them the correct prevailing wage as required by federal law.
In connection with the filing of the lawsuit and settlement, the Government intervened in a private whistleblower lawsuit that had been filed under seal pursuant to the False Claims Act.
Mr. Berman thanked DOL’s Wage and Hour Division for its investigative efforts and significant assistance with the case.
The case is being handled by the Office’s Civil Frauds Unit. Assistant U.S. Attorney Jeffrey K. Powell is in charge of the case.