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11 June 2019
Woman from Laguna Pueblo Sentenced to 18 Months in Federal Prison for Armed Robbery in Indian CountryRead the Press Release
ALBUQUERQUE – Royce Aragon, 33, of Laguna Pueblo, N.M. was sentenced in federal court today to 18 months in prison for interference with interstate commerce by robbery and violence.
Aragon previously pleaded guilty to this offense on February 6, 2019. In her plea agreement, she admitted going to the Casa Blanca Travel Center on Laguna Pueblo on December 30, 2016. Aragon kept watch at the front of the store while another person intimidated store clerks and stole money from a cash register. Aragon then followed the other person out of the store and stayed at a hotel with the other person that night. The robbery caused the travel center to close for several hours, preventing interstate travelers from purchasing gasoline and other items.
Aragon is an enrolled member of Laguna Pueblo. A co-defendant in this case, Cruz Abieta, received a prison sentence of 84 months on August 17, 2018.
The Bureau of Indian Affairs investigated this case with the Laguna Pueblo Police Department. Assistant U.S. Attorney Michael D. Murphy prosecuted the case.
U.S. Attorney Justin Herdman named to new working group focused on prosecuting gun crimes to stop and reduce domestic violenceRead the Press Release
WASHINGTON – Attorney General William P. Barr today announced the formation of a Domestic Violence Working Group aimed at keeping guns out of the hands of convicted domestic abusers, using the tools of federal prosecution to stop and prevent domestic violence. The group will operate under the auspices of the Attorney General’s Advisory Committee (AGAC) and be comprised of nine U.S. Attorneys across the country, chaired by U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
“Too often, domestic abusers start with threats and abuse, and end up committing extreme violence and even homicide, with devastating impact on families and the community around them,” said Attorney General Barr. “I have directed this working group to examine this issue and determine the best way to use federal gun prosecutions and other appropriate tools to supplement state, local and tribal efforts to address domestic violence.”
“With so many domestic disputes escalating from bruises to bullets, we felt we needed to supplement our state and local partners’ efforts to curb domestic violence with federal prosecutions,” said U.S. Attorney Nealy Cox. “We hope our initial cases send a message to convicted abusers: Not only could the Justice Department theoretically prosecute abusers for firearm possession – they have and they will.”
U.S. Attorney Justin Herdman said: “Domestic violence offenders pose an outsized threat to Ohio’s families, communities, and law enforcement officers. I am honored to serve in this advisory capacity to the Attorney General and to advance the Department of Justice’s mission to protect the public. This group will ensure that the Department is positioned to reduce, mitigate, and prevent domestic violence by coordinating initiatives across our federal, state, local, and tribal partnerships.”
Federal law has long barred convicted felons, as well as individuals subject to certain domestic violence protective orders or convicted of domestic violence misdemeanors, from possessing firearms.
Offenders with domestic violence in their past pose a remarkably high risk of homicide. Research shows that abusers with a gun in the home are five times more likely to kill their partners than abusers who don’t have that same access to a firearm. And according to one recent study, more than half of America’s mass shootings are cases of extreme domestic violence.
Keeping guns from domestic abusers legally prohibited from possessing them would significantly reduce violence in America, a major priority of the Justice Department.
However, federal gun cases involving domestic violence present unique challenges. In some states, the federal and state definitions of domestic violence differ, requiring complex legal analysis that varies based on the location of conviction.
U.S. Attorneys’ offices have worked tirelessly over the years to address these legal challenges with tremendous success. The Working Group will share best practices, legal analysis and guidance on prosecuting abusers who unlawfully possess guns, and will advise U.S. Attorneys across the country on outreach to local law enforcement, judges, and nonprofit groups.
Working Group members include:
- Scott W. Brady, U.S. Attorney for the Western District of Pennsylvania
- Robert M. Duncan, Jr., U.S. Attorney for the Eastern District of Kentucky
- Nicola T. Hanna, U.S. Attorney for the Central District of California
- Justin E. Herdman, U.S. Attorney for the Northern District of Ohio
- Erin Nealy Cox, U.S. Attorney for the Northern District of Texas
- Christina E. Nolan, U.S. Attorney for the District of Vermont
- Byung J. Pak, U.S. Attorney for the Northern District of Georgia
- R. Trent Shores, U.S. Attorney for the Northern District of Oklahoma
- Timothy J. Downing, U.S. Attorney for the Western District of Oklahoma
U.S. Attorney John W. Huber Outlines New Strategy for Distrupting, Deterring Fentanyl Distribution in UtahRead the Press Release
SALT LAKE CITY – In a conference call with federal law enforcement leaders and local drug task force commanders in Utah, U.S. Attorney John W. Huber encouraged law enforcement officers to screen all cases involving fentanyl with his office for potential federal prosecution.
“Fentanyl is at a high threat level for us. We are asking our law enforcement partners to help us disrupt, dismantle, and deter fentanyl distribution in Utah and prevent fentanyl-related overdose deaths,” U.S. Attorney John W. Huber said. “We need to use every tool we have.”
Huber said he has a clear message for drug traffickers: bring fentanyl into Utah and plan on having an initial appearance in federal court.
According to DEA information, fentanyl is a synthetic opioid that is 80-100 times stronger than morphine and 50 times stronger than heroin. Pharmaceutical fentanyl was developed for pain management treatment. Because of its powerful opioid properties, Fentanyl is also diverted for abuse. Fentanyl is added to heroin to increase its potency. Many users believe that they are purchasing heroin and do not recognize they are actually getting fentanyl – which often results in overdose deaths. Clandestinely produced fentanyl is primarily manufactured in Mexico.
Given the risks of fentanyl, federal prosecutors believe there is a compelling federal interest in reviewing every case. Huber says his prosecutors will screen for evidence of distribution or simple possession. Additionally, his office will pursue any appropriate sentencing enhancements. Huber has appointed Assistant U.S. Attorney Sam Pead as his office’s point of contact for fentanyl cases. Pead is an experienced prosecutor who came to the U.S. Attorney’s Office from the Utah County Attorney’s Office.
Huber also is encouraging law enforcement partners and prosecutors to share intelligence and form partnerships to take full advantage of resources and assets.
While the primary foreign source of supply for fentanyl in Utah is China, federal prosecutors and law enforcement officers say Mexican drug traffickers are increasing their capability. “The same drug trafficking networks bringing heroin and methamphetamine into Utah could easily decide fentanyl, with its high profit margin, is what they want to do,” Huber said. “Law enforcement agencies are already seeing signs this is happening.”
While Utah has not experienced the high numbers of fentanyl overdose deaths as other places around the country, the Utah Drug Monitoring Initiative program reports fentanyl related fatal overdoses in Utah increased 54 percent from 2014 to 2018, with a spike of 49 fatalities in 2016. Since 2016, there has been a slight decline in fentanyl related deaths, but the overdose deaths have remained higher than in 2014 and 2015.
“We are asking law enforcement to help us find these cases out of a sincere desire to serve our communities in Utah. These statistics are not just numbers – they represent loved ones, family members, and friends. Law enforcement officers are committed to working with us to keep fentanyl out of Utah and protect citizens of our state,” Huber said.
Federal prosecutors in Utah are prosecuting a significant fentanyl case scheduled for a five-week trial in August.
Two Charged in Operation California Dreamin’ Sentenced This WeekRead the Press Release
Abingdon, VIRGINIA – A pair of defendants charged as part of Operation California Dreamin’, a large-scale investigation that charged 28 individuals with trafficking methamphetamine from California into Southwest Virginia, Northeast Tennessee, and Georgia, were sentenced this week in U.S. District Court in Abingdon, United States Attorney Thomas T. Cullen announced today.
“The scourge of methamphetamine trafficking and addiction remains the most serious public-safety issue facing far Southwest Virginia,” U.S. Attorney Cullen stated today. “We will continue to work closely with our federal, state, and local law partners to target and dismantle the drug-trafficking organizations responsible for importing this deadly substance from Mexico and selling it in our communities.”
Today in District Court, Melissa Barrett, 46, of Meadowview, Va., was sentenced to 168 months’ incarceration. Barrett previously pleaded guilty to one count of conspiracy to distribute methamphetamine and one count of distribution of methamphetamine.
Matthew Todd Mullins, 45, of Bristol, Va., was sentenced Monday, June 10, 2019 to 188 months’ incarceration. Mullins previously pleaded guilty to one count of conspiracy to distribute methamphetamine, one count of distribution of methamphetamine, and one count of manufacture counterfeit obligations.
According to previously submitted court documents, in early 2017, an investigation was opened to examine the trafficking of methamphetamine between California and Southwest Virginia and Northeast Tennessee. Law enforcement identified 28 individuals, located in California, Georgia, Virginia and Tennessee as being involved in the trafficking and distribution of methamphetamine.
In addition, the investigation further revealed that some alleged sources of supply from California temporarily relocated to the Bristol, Virginia and Tennessee region in order to better facilitate their drug distribution operations.
The investigation of the case is being conducted by the Abingdon Police Department, Virginia State Police, Washington County Sheriff’s Office, Bristol, Tennessee Police Department, Bristol, Virginia Police Department, the Sullivan County, Tennessee Second Judicial Drug Task Force, Sullivan County Sheriff’s Department, Commerce, Georgia Police Department, New Jersey State Police, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the United States Postal Inspection Service. The Washington County Commonwealth’s Attorney’s Office, Bristol, Virginia Commonwealth’s Attorney’s Office, and the Sullivan County, District Attorney’s Office have assisted in the investigation. Western District of Virginia Criminal Chief Zachary T. Lee and Assistant United States Attorney Cagle Juhan are prosecuting the case for the United States.
Trucking Company Ordered to Pay $3 Million for Illegally Transporting Hazardous Materials from the Exide Battery Recycling Plant in VernonRead the Press Release
LOS ANGELES – A trucking company has been ordered to pay $3 million for illegally transporting more than 64 tons of hazardous, lead-contaminated plastic battery chips from the now-closed Exide Technologies battery recycling facility in Vernon to a company in Bakersfield.
Wiley Sanders Truck Lines, Inc., which is based in Troy, Alabama, was ordered Monday to pay the money as part of a sentence that placed the company on probation for three years.
United States District Judge Percy Anderson imposed the sentence, describing the company’s conduct as “an environmental disaster for Vernon and the surrounding area.”
As part of the sentence, Judge Anderson ordered Wiley Sanders to pay a $1.5 million fine – the statutory maximum – and a $1.5 million community service payment to the Exide Residential Assistance Fund established by the Los Angeles County Department of Public Health to support residents affected by lead contamination near the facility.
On February 25, the company pleaded guilty to three felony counts of illegal transportation of hazardous materials.
At peak operation, Exide’s facility received approximately 40,000 lead-acid batteries per day, according to the government’s sentencing memorandum. During the battery recycling process at the facility, the batteries were crushed, broken apart in a hammer mill, then separated into their primary component streams – lead, acid and plastic. The lead and acid were dealt with separately, while the plastic chips were rinsed with water in an attempt to remove lead and other materials. Wiley Sanders then transported the wet battery plastic chips – usually 40,000 pounds at a time – to a facility in Bakersfield, where the chips were repurposed into resin-coated plastic pellets that could be used to manufacture new batteries and other products.
Wiley Sanders specifically admitted in its plea agreement that, on three occasions between November 2013 and March 2014, it willfully and recklessly transported a total of 128,840 pounds (64.42 tons) of lead-contaminated plastic chips from Vernon to Bakersfield. The company also admitted knowing that the trailers it used to transport the battery plastic chips did not contain any lining or inner packing material to prevent liquids and semi-solids from leaking through cracks and other openings in the trailers.
Because of its conduct, lead-contaminated residue leaked out of the trailers when Wiley Sanders drivers transported the battery chips from Vernon to Bakersfield. Wiley Sanders truck drivers occasionally transported the semi-trailers on public roads before the plastic chips had dried, despite the fact that the lead-contaminated chips and resulting lead-contaminated liquid residue would leak out of the trailers.
There is no known safe level of lead in human blood.
In 2015, Exide Technologies reached an agreement with the United States government that called for the battery manufacturing company to close its recycling facility in Vernon and pay an estimated $50 million to clean-up the site and surrounding neighborhoods which have been affected by environmental toxins for decades.
This matter was investigated by the United States Environmental Protection Agency, Criminal Investigation Division and the United States Department of Transportation, Office of Inspector General. The California Department of Toxic Substances Control provided assistance.
This case is being prosecuted by Assistant United States Attorneys Mark A. Williams and Joseph O. Johns of the Environmental and Community Safety Crimes Section.
Tortola Man Involved in St. Thomas Motorcycle Accident Pleads Guilty to Possession of a Firearm by an Illegal AlienRead the Press Release
St. Thomas, USVI – Ashan Westcott, 28, of Tortola, British Virgin Islands, pleaded guilty before District Judge Curtis Gomez to being an illegal alien in possession of a firearm, United States Attorney Gretchen C.F. Shappert announced.
According to the plea agreement, on March 2, 2019, the Virgin Islands Police Department (“VIPD”) responded to a motorcycle and vehicle accident on Turpentine Run Road, St. Thomas, U.S. Virgin Islands. Westcott, who was injured in the accident, was identified as the driver of the motorcycle. In response to an EMT’s request to locate the defendant’s ID, a VIPD officer looked in a backpack Westcott had been wearing at the time of the accident. While looking for the ID, the officer found a loaded Glock Model 23, .40 caliber handgun in Westcott’s backpack.
Westcott is a citizen of Tortola, British Virgin Islands, and has a passport issued by the United Kingdom. Westcott is not a citizen or national of the United States and, when found on March 2, 2019, had not applied for status in the United States.
Sentencing is scheduled for October 10, 2019.
This case was investigated by the Virgin Islands Police Department, Federal Bureau of Investigations, and U.S. Customs and Border Protection, and is being prosecuted by Assistant United States Attorney Meredith J. Edwards.
Three Sentenced for Importing Meth in Jalapeño and Hominy CansRead the Press Release
LAREDO, Texas – A 30-year-old Harlingen man has been ordered to prison for 20 years for his involvement in the attempted importation of methamphetamine, announced U.S. Attorney Ryan Patrick.
Alfredo Aguilar Jr. was found guilty at a bench trial Sept. 6, 2018, before U.S. District Judge Hilda G. Tagle. Co-defendants Cristen Nicole Cano, 29, of Combes, and Cristal Hernandez, 23, of San Benito, had previously pleaded guilty their respective roles Aug. 7, 2018.
Today, Judge Tagle sentenced Aguilar to a total of 240 months in prison. At the hearing, Aguilar was held accountable for being the leader and organizer of the attempted drug importation event. The court also sentenced Cano and Hernandez today, each receiving 60 months. Aguilar will serve a 10-year-term of supervised release following his release from prison. Cano and Hernandez will serve two-year and five-year terms, respectively.
On May 15, 2018, Aguilar, Cano and Hernandez attempted to enter the United States at the Gateway to the Americas International Bridge Port of Entry in Laredo through the pedestrian lane. Cano and Hernandez were carrying bags of groceries, including four cans of jalapeños and hominy.
During primary inspection, authorities shook the cans, noting they were unusually heavy, and heard what sounded like powder rather than liquid. They were referred to secondary, at which time the cans were x-rayed and revealed anomalies. Authorities also noticed the cans had been altered.
Ultimately, the cans were found to contain a total of 10.52 kilograms of methamphetamine. Upon further investigation, it was determined Aguilar had recruited Cano and Hernandez to smuggle the drugs into the United States.
Aguilar and Cano have been in custody since their arrest May 15, 2018, where they will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. Hernandez was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Christopher dos Santos prosecuted the case.
Thirteen Defendants Indicted for Large-Scale Methamphetamine Trafficking ConspiracyRead the Press Release
LAS VEGAS, Nev. – Miriam Elizabeth Suarez-Contreras, the lead defendant in a 30 count indictment in connection to a large-scale drug trafficking conspiracy, was arraigned yesterday in federal court, announced United States Attorney Nicholas A. Trutanich for the District of Nevada.
Suarez-Contreras, aka “Ella” and “Liz,” 38, a Mexican national; Ramiro Ramirez-Barajas, aka “Sergio,” 30, a Mexican national; Roberto Blancas-Mata, aka “Carlos Delgado,” 66, of Las Vegas; Rahdsma Henderson, aka “Weezy,” 41, of Las Vegas; Stephen Lloyd, 38, of Las Vegas; Charles Parr, aka “Charles Magnuson,” 60, of Salt Lake City, Utah; Doug Stumpf, 55, of Henderson; Brian Scarborough, 43, of Henderson; Renea Barnes, aka “Renea Valdez,” 50, of Las Vegas; Quentin Armstrong, 41, of Sandy Valley, Nevada; Cipriano Pineda-Acedo, 49, of Las Vegas; Jose Guillermo Tello-Albarran, 32, of Las Vegas; and Martha Pedraza-Zamora, 40, of Las Vegas, were all charged with conspiring to distribute 50 grams or more of methamphetamine.
In addition, Suarez-Contreras was charged with 16 counts; Ramirez-Barajas was charged with eight counts; Blancas-Mata was charged with six counts; Tello-Albarran was charged with two counts; and Henderson was charged with one count, all for distribution of methamphetamine. Tello-Albarran, Scarborough, Parr, Lloyd, Stumpf, Barnes, Armstrong, Pedraza-Zamora, and Pineda-Acedo were each charged with one count of possession of a controlled substance with intent to distribute methamphetamine. Scarborough was also charged with felon in possession of a firearm and possession of a firearm in furtherance of a drug trafficking crime.
A federal grand jury returned the indictment charging 13 defendants for their involvement in a large-scale conspiracy to distribute methamphetamine throughout Nevada. As alleged, from a date unknown to April 17, 2019, the defendants conspired with each other to distribute 50 grams or more of methamphetamine, a Schedule II controlled substance.
Suarez-Contreras and Ramirez-Barajas have been previously removed from the United States for unlawful entry.
A jury trial was scheduled for July 29, 2019. If convicted, the maximum penalty is life imprisonment.
The public is reminded an indictment contains merely accusations and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The case was investigated by the Safe Streets Gang Task Force, the Las Vegas Metropolitan Police Department, and the North Las Vegas Police Department. Assistant United States Attorney Kevin Schiff is prosecuting this case.
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Texas Man Sentenced to Prison for Federal Gun ChargeRead the Press Release
Gulfport, Miss. – David Diaz Rodriguez, 68, of Edcouch, Texas, was sentenced today by Senior U.S. District Judge Louis Guirola, Jr. to 41 months in prison, followed by three years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives. Rodriguez was further ordered to pay a $3,000 fine.
Rodriguez was convicted in 2006 for possession with intent to distribute cocaine from Kane County, Illinois. He was stopped by the South Mississippi Metro Enforcement Team as he was traveling from Florida back to Texas. On searching his truck, officers found a shotgun and an AK-47 with a fully loaded magazine that had been reported stolen out of Escambia County, Florida.
The South Mississippi Metro Enforcement Team and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. It was prosecuted by Assistant United States Attorney Annette Williams.
Task Force Protecting Children from Internet Sex Crimes in Georgia Arrests 81 Offenders During Operation "Broken Heart"Read the Press Release
MACON – The Internet Crimes Against Children (ICAC) Task Force in Georgia arrested 81 alleged offenders as part of a two-month, nationwide operation, announced Charles “Charlie” Peeler, the United States Attorney for the Middle District. The Department of Justice announced earlier today that almost 1,700 suspected online child sex offenders were arrested during Operation Broken Heart, a coordinated effort during the months of April and May 2019 between 61 ICAC task forces in America.
During the course of the operation, the task forces investigated more than 18,500 complaints of technology-facilitated crimes targeting children and delivered more than 2,150 presentations on internet safety to over 201,000 youth and adults. A significant portion of the total arrests (308 defendants) are alleged to have either produced child pornography or committed child sexual abuse. The task forces were able to identify 357 children who suffered recent, ongoing or historical sexual abuse or were exploited in the production of child pornography.
Georgia’s ICAC Task Force is housed within the Child Exploitation and Computer Crimes Unit (CEACCU) at the Georgia Bureau of Investigation (GBI). There are more than 240 local, state and federal law enforcement and prosecutorial agencies that make up the Georgia ICAC Task Force. The mission of the ICAC Task Force is to assist state and local law enforcement agencies in developing an effective response to cyber enticement, child pornography and the commercial sexual exploitation of children.
“Sexually exploiting children is pure evil, and our Office will continue to bring the full weight of our prosecutorial powers to ensure that offenders are brought to justice,” said Charlie Peeler, the U.S. Attorney. “To the victims of child exploitation: we support you and we will continue to target, arrest and prosecute those who have hurt you. I want to acknowledge the heroic efforts of Georgia’s ICAC Task Force members who are unwavering in their work to capture child sex predators and prevent the further exploitation of children. Thank you for protecting Georgia’s children.”
“The dedicated law enforcement professionals that are part of the Georgia ICAC Task Force will not cease searching for those who are producing, trading and collecting this graphic material – many of whom are also molesting children and causing them irreparable harm,” said Debbie Garner, the GBI Special Agent in Charge of the GBI’s Child Exploitation and Computer Crimes Unit and Commander of the Georgia ICAC Task Force. “We will continue to work together to find, investigate and prosecute these predators. While the arrests made during the time frame encompassed by Operation Broken Heart represent phenomenal work, these are the types of investigations being worked every day by task force members across the state.”
The operation targeted suspects who: (1) produce, distribute, receive and possess child pornography; (2) engage in online enticement of children for sexual purposes; (3) engage in the sex trafficking of children; and (4) travel across state lines or to foreign countries and sexually abuse children. The ICAC Program is funded through the Department’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) within the Office of Justice Programs (OJP). In 1998, OJJDP launched the ICAC Task Force Program to help federal, state and local law enforcement agencies enhance their investigative responses to offenders who use the internet, online communication systems or computer technology to exploit children. To date, ICAC task forces have reviewed more than 922,000 complaints of child exploitation, which have resulted in the arrest of more than 95,500 individuals. In addition, since the ICAC program's inception, more than 708,500 law enforcement officers, prosecutors and other professionals have been trained on techniques to investigate and prosecute ICAC-related cases.
Those arrested are presumed innocent unless and until convicted beyond a reasonable doubt in a court of law.
Questions concerning this case can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Tampa Man Pleads Guilty to Possessing A Firearm Near A School ZoneRead the Press Release
Tampa, Florida – Jauwan Smith (22, Tampa) has pleaded guilty to possession of a firearm near a school zone. Smith faces a maximum penalty of five years in federal prison. His sentencing date is not yet scheduled.
According to the facts presented at the plea hearing, Tampa Police officers observed Smith walking near Chelsea and 25th Street North in Tampa on the evening of March 6, 2018. When they approached Smith and engaged him in conversation, Smith admitted that he was armed with a gun. Officers then found a CZ model 7.56mm caliber pistol, loaded with seven rounds of ammunition, in Smith’s waistband. Smith possessed the loaded firearm within 1,000 feet of the grounds of the Charles J. Ferrell Middle Magnet School, a public middle school for girls in Hillsborough County, Florida.
This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Tamarac Resident Pleads Guilty to Making Multiple Threats to CongressRead the Press Release
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida and Steven A. Sund, Acting Chief of Police, U.S. Capitol Police, announced today that John Joseph Kless, 49, of Tamarac, Florida, plead guilty to one count of Making Threatening Communications in violation of Title 18, United States Code, Section 875(c).
At sentencing, the defendant faces a maximum statutory sentence of up to five years in prison, three years of supervised release, and a $250,000 fine. Sentencing has been scheduled for August 20, 2019 at 1:15 p.m. before U.S. District Judge Rodolfo A. Ruiz, in Ft. Lauderdale, Florida (Case No. 19CR60109).
According to court documents, on April 16, 2019, John Kless made multiple threatening communications to Congressional office members from California, Michigan, and New Jersey.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the U.S. Capitol Police Threat Assessment Section. The case is being prosecuted by Assistant U.S. Attorney Marc S. Anton.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
St. Joseph Man Indicted for Meth Trafficking in Taney CountyRead the Press Release
SPRINGFIELD, Mo. – A St. Joseph, Missouri, man who led law enforcement officers in a pursuit in Taney County, Missouri, was indicted by a federal grand jury today for possessing approximately six pounds of methamphetamine with the intent to distribute.
Andrew R. Trammell, 45, was charged in an indictment returned by a federal grand jury in Springfield, Missouri. Today’s indictment replaces a criminal complaint filed against Trammell on June 7, 2019.
The federal indictment alleges that Trammell was in possession of 500 grams or more of methamphetamine with the intent to distribute on June 6, 2019.
According to an affidavit filed in support of the original criminal complaint, a Christian County sheriff’s deputy attempted to stop Trammell, who was driving a Dodge Durango on Highway 65 near Highway EE, on June 6, 2019. The vehicle failed to stop, the affidavit says, and the deputy pursued the vehicle southbound on Highway 65 into Taney County, Missouri. Trammell crashed the vehicle upon entering Branson, Missouri, and was apprehended by Branson police officers after a brief foot chase.
Officers searched the vehicle before towing it from the scene of the crash. According to the affidavit, officers found a box on the floorboard between the front and back seats that contained approximately six pounds of methamphetamine and a large quantity of cash.
The charge contained in this indictment is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Byron H. Black. It was investigated by the Christian County, Missouri, Sheriff’s Department; the Taney County, Missouri, Sheriff’s Department; the Branson, Missouri, Police Department; and the Drug Enforcement Administration.
St. Albans Man Pleads Guilty to Federal Firearms ChargeRead the Press Release
CHARLESTON, W.Va. – A St. Albans man pled guilty to a federal firearms charge, announced United States Attorney Mike Stuart. Dakota Zachary Williams, 24, pled guilty to possession of a firearm by a felon before Senior United States District Judge John T. Copenhaver, Jr. Stuart commended the investigation conducted by the St. Albans Police Department, Nitro Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
At public court hearings, it was established that on January 19, 2019, police stopped Williams for erratic driving in St. Albans. Williams told an officer that he was swerving because he was rolling a blunt while driving and that he had marijuana in his cup holder. Investigators searched his SUV and found a loaded pistol under the driver’s seat and marijuana. They arrested Williams and found that he was carrying more marijuana, various pills, and around 3 grams of methamphetamine.
Further, on February 12, 2019, police arrested Williams again in the parking lot of Walmart in Nitro, where Williams had shoplifted an item. On scene, investigators recovered another loaded pistol from Williams’ pocket and a box ammunition.
Williams had previously been convicted for felony wanton endangerment in 2016 and his right to possess a firearm was not restored. He faces up to 10 years in federal prison when he is sentenced on September 11, 2019. Assistant United States Attorney Drew O. Inman is handling the prosecution.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, 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.
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Springfield Man Indicted for $1.4 Million Bank Fraud SchemeRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Mo., man was indicted by a federal grand jury today for a more than $1.4 million bank fraud scheme.
Michael B. Willhoit, 66, was charged in a 36-count indictment returned by a federal grand jury in Springfield, Mo.
Willhoit was the owner and operator of Willhoit Enterprises, which purchased luxury, high-end, expensive automobiles to resell to customers throughout the United States. According to today’s indictment, Willhoit received a total of $1,404,000 in a dozen floor plan loans from Wood and Huston Bank in Springfield, Old Missouri Bank in Springfield, Freedom Bank of Southern Missouri in Cassville, Missouri, OakStar Bank in Springfield, and Bank of Missouri in Springfield.
As a part of each floor-plan loan approval process, Willhoit submitted a purchase agreement to a financial institution once he and the seller of an automobile had agreed to the terms and price that Willhoit would pay to purchase the vehicle. Upon receiving the purchase agreement, the financial institution determined whether to grant the floor-plan loan request and transfer the necessary amount of money into Willhoit’s account so he could purchase the vehicle. As a part of his floor-plan loan agreement with the financial institution, Willhoit agreed to a loan repayment schedule. Willhoit specifically agreed to repay each loan in full, plus any accrued interest, once he resold the specific vehicle to a new buyer.
According to the indictment, Willhoit did not use the loan proceeds to purchase those vehicles but instead used the funds for other expenses on at least 12 occasions from Jan. 1, 2014, through Feb. 28, 2018. The indictment alleges that each of the 12 purchase agreements were falsified, faked or forged. The sellers did not sell the vehicle as represented within the document, did not receive any monies as a result of the purported transaction, did not sign the document submitted to the financial institution, and at the time of the alleged transaction, did not own or possess the vehicle Willhoit represented to be part of the purchase agreement.
The federal indictment charges Willhoit with 12 counts of bank fraud, 12 counts of making false statements to a bank, and 12 counts of aggravated identity theft.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the FBI and the Federal Deposit Insurance Corporation, Office of Inspector General.
Southern California Man Sentenced to 11 Years’ Imprisonment for Conspiracy to Distribute MethamphetamineRead the Press Release
Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin, announced that on June 10, 2019, Perry Hicks (age: 32) of Corona, California, was sentenced to a term of eleven years in federal prison, followed by five years of supervised release, for conspiring to possess with the intent to distribute 50 grams or more of methamphetamine, in violation of Title 21, United States Code, Section 846.
According to court documents, while on pre-trial release in a separate federal drug-trafficking case in the Central District of California, Hicks sent methamphetamine via the U.S. Mail on six occasions to co-conspirators in Milwaukee, Wisconsin. On three occasions, law enforcement seized drug-laden parcels sent by Hicks; specifically, 483.7 grams (net) of 98% pure methamphetamine sent on August 27, 2018; 441.9 grams (net) of 97% pure methamphetamine sent on September 5, 2018; and 450.3 grams (net) of 99% pure methamphetamine sent on September 19, 2018.
In pronouncing sentence, U.S. District Judge Lynn Adelman noted the serious nature of the offense and the history and characteristics of the defendant.
The case was investigated by the United States Postal Inspection Service, the Drug Enforcement Administration, the Milwaukee Police Department, and the North Central HIDTA Office, and was prosecuted by Assistant United States Attorney Robert J. Brady, Jr.
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South Carolina Man Sentenced for Attempting to Provide Material Support to ISISRead the Press Release
Zakaryia Abdin, 20, of Ladson, South Carolina, was sentenced yesterday to 20 years to be followed by a lifetime of supervised release for attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization. Abdin previously entered a guilty plea in August of 2018 and has remained in federal custody since his arrest by the FBI in March of 2017.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Sherri A. Lydon for the District of South Carolina and Special Agent in Charge Jody Norris of the FBI’s Columbia Division made the announcement. Abdin appeared before U.S. District Court Judge Richard M. Gergel.
“The Department of Justice is committed to holding accountable U.S. citizens, like Abdin, and others who would leave here to provide material support to ISIS overseas,” said Assistant Attorney General Demers. “Thanks to the great work of the agents and prosecutors on this case, his plans were thwarted and with this sentence he is now being held accountable for his crime. The National Security Division is committed to identifying and bringing to justice those who would provide material support to foreign terrorist organizations.”
“The most important job of government is protecting the people of the United States from harm, whether it comes from criminals or terrorists,” said U.S. Attorney Lydon. “This case is an example of law enforcement doing exactly that, and preventing what could have been a much greater tragedy. I am proud of the great work JTTF did in preventing this defendant from joining ISIS and fighting on their behalf, whether that would have been domestically or internationally. His goal was to kill on behalf of ISIS, whether that was in the United States or abroad. His goal was to be an ISIS soldier, and to kill Americans wherever ISIS directed him.” U.S. Attorney Lydon commended the intense work of Charleston’s Joint Terrorism Task Force and noted that this is the first conviction for a person attempting to provide material support to a terrorist organization in the District of South Carolina.
“Once again, the Joint Terrorism Task Force has uncovered, investigated and prevented terrorist activity with roots in South Carolina” said Special Agent in Charge Norris. “These results are made possible by the coordinated efforts of our federal, state and local partners, who are committed to sharing information and resources to protect our communities.”
The FBI arrested the defendant at the Charleston International Airport on March 30, 2017, when he attempted to board an airplane in order to travel overseas to join ISIS.
According to court documents, Abdin, a U.S. citizen, began his efforts on Jan. 3, 2017, when he created a social media account to be used to join ISIS. On Jan. 20, 2017, Abdin visited the FBI in Mount Pleasant, South Carolina, to meet with an FBI Special Agent from the Joint Terrorism Task Force. During this visit, the agent advised Abdin about the FBI’s role in conducting counterterrorism investigations, discussed various statutory definitions (including terrorism), and told Abdin that ISIS was a designated foreign terrorist organization and that it was illegal to give any foreign terrorist organization any form of material support, including personnel.
After that date, Abdin began to seek a handler to get him overseas to Syria or Egypt to make contact with ISIS. Unbeknownst to him, he ended up making contact with an undercover FBI employee. Abdin believed this person was affiliated with ISIS. These communications continued up until he was arrested.
Abdin had extensive communications with the undercover FBI employee. During the course of these on line conversations, Abdin expressed continued loyalty to ISIS. He said he had given a pledge of loyalty to ISIS in 2014 and provided a video of a new pledge to Abu Baker al Baghdadi, the self-proclaimed leader of ISIS, in which Abdin pledged to “wage jihad against the enemy of Allah.”
Abdin also indicated that he wished to join ISIS and its so-called caliphate and requested to serve in combat. He stated that he was proficient with various weapons, including pistols and AK and SKS rifles. He also asserted that he was well prepared, knew how to shoot, and had experience with and was reliable in close combat. He also purchased weapons, including an SKS assault rifle, modifying it to expand its capacity from a 10 round magazine to a 30 round magazine. Abdin practiced with an AK assault rifle at a local gun store, and with an SKS assault rifle and a 9mm handgun at a local outdoor shooting range outside of Charleston.
Abdin took a picture of himself carrying the 9mm in his waistband and took a picture of himself practicing shooting at night at the local outdoor range, and sent these to the undercover FBI employee.
Abdin undertook concrete steps to join ISIS and travel overseas to fight jihad. He applied for a passport. On March 22, 2017, the FBI was notified Abdin’s passport was delivered to his residence in Ladson. Later on the same date, Abdin sent a message to the undercover FBI employee to tell him to “let the brothers know I am coming very soon.”
On March 23, 2017, Abdin made flight reservations aboard a commercial airline departing Charleston with a final destination of Amman, Jordan. The date for travel was set for March 30, 2017. After making the reservations, Abdin told to undercover FBI employee that he was scheduled to arrive in Amman, Jordan on April 1, 2017.
On March 30, 2017, Abdin arrived at the Charleston International Airport, checked in for his departing flight, and was subsequently arrested.
Abdin faces a statutory maximum sentence of 20 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. Any sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
This case was prosecuted by Assistant U.S. Attorneys Nathan Williams and Sean Kittrell of the District of South Carolina and Trial Attorney Jennifer Burke of the National Security Division’s Counterterrorism Section.
South Carolina Man Sentenced for Attempting to Provide Material Support to IsisRead the Press Release
WASHINGTON – Zakaryia Abdin, 20, of Ladson, South Carolina, was sentenced yesterday to 20 years to be followed by a lifetime of supervised release for attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization. Abdin previously entered a guilty plea in August of 2018 and has remained in federal custody since his arrest by the FBI in March of 2017.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Sherri A. Lydon for the District of South Carolina and Special Agent in Charge Jody Norris of the FBI’s Columbia Division made the announcement. Abdin appeared before U.S. District Court Judge Richard M. Gergel.
“The Department of Justice is committed to holding accountable U.S. citizens, like Abdin, and others who would leave here to provide material support to ISIS overseas,” said Assistant Attorney General Demers. “Thanks to the great work of the agents and prosecutors on this case, his plans were thwarted and with this sentence he is now being held accountable for his crime. The National Security Division is committed to identifying and bringing to justice those who would provide material support to foreign terrorist organizations.”
“The most important job of government is protecting the people of the United States from harm, whether it comes from criminals or terrorists,” said U.S. Attorney Lydon. “This case is an example of law enforcement doing exactly that, and preventing what could have been a much greater tragedy. I am proud of the great work JTTF did in preventing this defendant from joining ISIS and fighting on their behalf, whether that would have been domestically or internationally. His goal was to kill on behalf of ISIS, whether that was in the United States or abroad. His goal was to be an ISIS soldier, and to kill Americans wherever ISIS directed him.” U.S. Attorney Lydon commended the intense work of Charleston’s Joint Terrorism Task Force and noted that this is the first conviction for a person attempting to provide material support to a terrorist organization in the District of South Carolina.
“Once again, the Joint Terrorism Task Force has uncovered, investigated and prevented terrorist activity with roots in South Carolina” said Special Agent in Charge Norris. “These results are made possible by the coordinated efforts of our federal, state and local partners, who are committed to sharing information and resources to protect our communities.”
The FBI arrested the defendant at the Charleston International Airport on March 30, 2017, when he attempted to board an airplane in order to travel overseas to join ISIS.
According to court documents, Abdin, a U.S. citizen, began his efforts on Jan. 3, 2017, when he created a social media account to be used to join ISIS. On Jan. 20, 2017, Abdin visited the FBI in Mount Pleasant, South Carolina to meet with an FBI Special Agent from the Joint Terrorism Task Force. During this visit, the agent advised Abdin about the FBI’s role in conducting counterterrorism investigations, discussed various statutory definitions (including terrorism), and told Abdin that ISIS was a designated foreign terrorist organization and that it was illegal to give any foreign terrorist organization any form of material support, including personnel.
After that date, Abdin began to seek a handler to get him overseas to Syria or Egypt to make contact with ISIS. Unbeknownst to him, he ended up making contact with an undercover FBI employee. Abdin believed this person was affiliated with ISIS. These communications continued up until he was arrested.
Abdin had extensive communications with the undercover FBI employee. During the course of these on line conversations, Abdin expressed continued loyalty to ISIS. He said he had given a pledge of loyalty to ISIS in 2014 and provided a video of a new pledge to Abu Baker al Baghdadi, the self-proclaimed leader of ISIS, in which Abdin pledged to “wage jihad against the enemy of Allah.”
Abdin also indicated that he wished to join ISIS and its so-called caliphate and requested to serve in combat. He stated that he was proficient with various weapons, including pistols and AK and SKS rifles. He also asserted that he was well prepared, knew how to shoot, and had experience with and was reliable in close combat. He also purchased weapons, including an SKS assault rifle, modifying it to expand its capacity from a 10 round magazine to a 30 round magazine. Abdin practiced with an AK assault rifle at a local gun store, and with an SKS assault rifle and a 9mm handgun at a local outdoor shooting range outside of Charleston.
Abdin took a picture of himself carrying the 9mm in his waistband and took a picture of himself practicing shooting at night at the local outdoor range, and sent these to the undercover FBI employee.
Abdin undertook concrete steps to join ISIS and travel overseas to fight jihad. He applied for a passport. On March 22, 2017, the FBI was notified Abdin’s passport was delivered to his residence in Ladson. Later on the same date, Abdin sent a message to the undercover FBI employee to tell him to “let the brothers know I am coming very soon.”
On March 23, 2017, Abdin made flight reservations aboard a commercial airline departing Charleston with a final destination of Amman, Jordan. The date for travel was set for March 30, 2017. After making the reservations, Abdin told to undercover FBI employee that he was scheduled to arrive in Amman, Jordan on April 1, 2017.
On March 30, 2017, Abdin arrived at the Charleston International Airport, checked in for his departing flight, and was subsequently arrested.
Abdin faces a statutory maximum sentence of 20 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. Any sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
This case was prosecuted by Assistant U.S. Attorneys Nathan Williams and Sean Kittrell of the District of South Carolina and Trial Attorney Jennifer Burke of the National Security Division’s Counterterrorism Section.
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Seven-Time Convicted Felon Sentenced to over Ten Years in Prison on Federal Gun and Drug ChargesRead the Press Release
Gulfport, Miss. – Quniton Kinyoun Peairs, 34, of Pascagoula, was sentenced yesterday by Senior U.S. District Judge Louis Guirola, Jr. to 120 months in prison for being a felon in possession of a firearm, and 123 months for possession with intent to distribute methamphetamine, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives. The sentences will run concurrently. Peairs was also ordered to pay an $8,000 fine and serve 3 years of supervised release following his prison sentence.
Peairs has seven prior felony convictions in Jackson County from 2006 through 2015. Three times during May 2018, Peairs sold methamphetamine, along with a firearm, to a confidential informant for the South Mississippi Metro Enforcement Team and the ATF. On one occasion, Peairs brought another individual with him who sold a shotgun stolen from the Pascagoula Police Department to the confidential informant.
The South Mississippi Metro Enforcement Team and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. It was prosecuted by Assistant United States Attorney Annette Williams.
Savannah River Nuclear Site Contractor Settles False Claims Act Allegations for $1.6 millionRead the Press Release
Columbia, South Carolina --- United States Attorney Sherri A. Lydon announced today that Richard Moore of Aiken, South Carolina, the owner of Carolina Sodding Services, LLC, and Carolina Enterprises of the Lowcountry, LLC, has agreed to pay $1.6 million to resolve allegations that he and his companies violated the False Claims Act by submitting false invoices for materials that were never provided and false certifications that his companies were women-owned businesses. Mr. Moore and his companies were contracted to perform work at the Savannah River Nuclear Site in Aiken.
“Those who seek to do business with the federal government must do so fairly and honestly,” said U.S. Attorney Lydon. “Through False Claims Act cases like this one, the U.S. Attorney’s Office for the District of South Carolina will continue to hold accountable those who knowingly seek taxpayer funds to which they are not entitled.”
Teri L. Donaldson, Department of Energy Inspector General said, “The Office of Inspector General is committed to ensuring the integrity of Department contracts by detecting and holding accountable those who choose to engage in false claim schemes. This settlement is a result of our staff’s dedicated work to ensure public funds are used for the mission-related purposes for which they are intended. We appreciate the efforts of the Department of Justice in pursuing this matter and will continue to work collaboratively with them to aggressively investigate those who seek to defraud Department programs.”
The False Claims Act is the United States’ primary civil remedy to redress false claims for government funds and property under government programs and contracts relating to such varied areas as health care, defense and national security, food safety and inspection, federally insured loans and mortgages, highway funds, small business contracts, agricultural subsidies, and disaster assistance.
Deputy Civil Chief James Leventis of the Columbia office handled the case. The case was investigated by the Department of Energy Office of Inspector General.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
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Sale of Stolen Firearm Results in Federal ConvictionRead the Press Release
A West Union man who sold a stolen firearm and was an unlawful user of marijuana and methamphetamine pled guilty today in federal court in Cedar Rapids.
Gilbert Lopez, Jr., age 33, from West Union, Iowa, was convicted of two counts of being an unlawful drug user in possession of firearms and one count of selling a stolen firearm.
At the plea hearing, Lopez admitted that on April 15, 2019, he was an unlawful user of marijuana and methamphetamine. On that date he knowingly sold a stolen .40 caliber handgun to another. On April 16, 2019, when law enforcement officials executed a search warrant, Lopez admitted he had a .380 caliber handgun.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Lopez remains in custody of the United States Marshal pending sentencing. For each of the three counts, Lopez faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Patrick Reinert and was investigated by the Winneshiek County Sheriff’s Office, Iowa Division of Narcotics Enforcement and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-2026-CJW.
Follow us on Twitter @USAO_NDIA.
Retired Pittsburgh Firefighter Sentenced to Nearly 3 Years in Prison for Cocaine TraffickingRead the Press Release
PITTSBURGH - A resident of Pittsburgh, PA, was sentenced to two years and 10 months (34 months) in federal prison and three years of supervised release as a result of his conviction for cocaine trafficking, United States Attorney Scott W. Brady announced today.
Walter John Amman, III, 68, was sentenced on Friday by Chief United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that Amman’s 77 year-old co-defendant Richard Wright had been purchasing kilogram level amounts of cocaine for over two decades. The co-defendant would process the cocaine by packaging it in smaller quantities and converting some into crack. In more recent years, Walter Amman would help the co-defendant with the processing, packaging and distribution of the cocaine. Two controlled purchases of cocaine were made from Mr. Amman and the DEA, HSI, IRS-CI and Pittsburgh Police obtained search warrants for locations attributable to Amman and the co-defendant. The resulting January 11, 2017 searches resulted in law enforcement locating items which included:
- In the co-defendant’s residence: cocaine prepackaged for sale and color-coded for size; multiple firearms and thousands of rounds of ammunition; large amounts of cash; multiple vehicles registered to Amman and his family
- In the co-defendant’s garage: large amounts of powder cocaine; numerous inositol bottles and material to convert cocaine into crack; large amounts of cash; three pistols (including one registered to Amman); and a safe imbedded into the concrete floor
- At Amman’s residence: firearms; prepackaged amounts of crack and cocaine in a jacket with Amman’s name on it; keys to a truck in the jacket; and approximately $1,000 and additional prepackaged cocaine in the truck.
At his plea hearing, Amman admitted that he was responsible for between 700 grams and one kilogram of cocaine, as well as the 5.767 grams of crack cocaine found at his property.
Judge Hornak noted that Amman is a retired Pittsburgh firefighter, that he had recently earned his High School Diploma while incarcerated, and that he had been involved in no misconduct while in jail. In determining the sentence, the Court balanced these facts with the "very serious" drug charges that Amman committed and the defendant’s only prior conviction, a 2006 conviction in Florida for similar charges that also involved Wright.
Wright pleaded guilty in the case but died pending sentencing.
Assistant United States Attorney Ross E. Lenhardt prosecuted this case on behalf of the government.
The Internal Revenue Service – Criminal Investigation, Homeland Security Investigations (HSI) Drug Enforcement Administration (DEA) and the Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Walter John Amman, III, with valuable assistance from the Pennsylvania Game Commission.
Real Estate Property Owner Sentenced in Connection withClean Water Act Violation in Florida Keys Following Hurricane IrmaRead the Press Release
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Andy Castro, Special Agent in Charge, U.S. Environmental Protection Agency, Criminal Investigation Division (EPA-CID), Atlanta Area Office, Colonel Andrew Kelly, District Engineer, U.S. Army Corps of Engineers (USACE), Jacksonville District, and Frank Robey, Director, U.S. Army Criminal Investigation Command, Major Procurement Fraud Unit, announced that Bonefish Holdings, LLC pled guilty and was sentenced today, before U.S. District Court Judge Jose E. Martinez, in connection with the illegal filling of federally regulated wetlands without a federal permit from USACE following Hurricane Irma in 2017.
Bonefish Holdings, LLC (“Bonefish”), pled guilty to illegally discharging fill material, which is a pollutant, into federally regulated wetlands without a permit issued by the USACE following Hurricane Irma in 2017, in violation of the Clean Water Act, Title 33, United States Code, Sections 1311(a) and 1319(c)(2)(A). Following acceptance of the guilty plea, Judge Martinez moved immediately to sentencing. Bonefish was sentenced to 3 years of probation, was ordered to pay a $50,000 criminal fine, and ordered to fully restore the impacted 3.73 acres of federal wetlands according to an approved Restoration Plan (estimated by the defendant to cost approximately $189,000).
Court records and a joint factual statement indicate that Bonefish owned five parcels of ocean-side land totaling approximately 7.41 acres, containing approximately 3.73 acres of federally regulated wetlands in Upper Matecumbe Key, Monroe County. Bonefish wanted to develop the site into a luxury commercial property, however, due to the presence of federally protected wetlands and the existing Village of Islamorada’s Comprehensive Plan and Land Development Regulations, those plans were denied. The defendant sought and received a Jurisdictional Determination in 2009, reconfirmed in 2013, from the USACE confirming the presence of the federally protected wetlands and making clear that fill activity could only occur with the required permits. On September 10, 2017, Hurricane Irma hit the Florida Keys as a major Category 4 hurricane. The defendant hired laborers with the intention, in addition to clearing storm debris, to clear and fill the site. The defendant’s actions were designed to intentionally take advantage of what it saw as an opportunity to remove significant additional vegetation and the filling of wetlands, in the hope of easing the path for future development of the site.
U.S. Attorney Ariana Fajardo Orshan stated, “The Clean Water Act serves to protect our wetlands and other natural resources in South Florida. Wetlands, in addition to improving water quality, are important for flood and storm protection. The illegal filling of designated wetlands violates the Act and exposes those who carry out their destruction to federal prosecution. Compliance with these regulations ensures that we can all continue to enjoy the natural beauty and important benefits of these protected areas.”
“Property owners can not engage in illegal conduct under the guise of hurricane response to further private development goals and circumvent the regulatory process. Property owners may remove debris from their land, but that does not allow them to go beyond cleanup and fill jurisdictional wetlands,” said Andy Castro, EPA-CID Special Agent in Charge. “Under this plea agreement the defendant will fully restore the high-quality wetlands it illegally destroyed.”
“Compliance and enforcement are an important component of the Corps’ Regulatory program and helps to ensure the public’s interest and our Nation’s aquatic resources are protected, said Robert Halbert, USACE Chief of Jacksonville District’s enforcement section. “We take violations and unauthorized activities very seriously.”
“Today’s result sends a strong message that our special agents take any and all allegations of criminal acts very seriously,” said Frank Robey, Director of the U.S. Army Criminal Investigation Command’s, Major Procurement Fraud Unit. “We work shoulder to shoulder with the Department of Justice and our fellow law enforcement agencies to prevent these types of violations and will aggressively continue to do so.”
U.S. Attorney Fajardo Orshan commended the investigative efforts of the EPA-CID, USACE, and the U.S. Army Criminal Investigative Command, Major Procurement Fraud. The case was prosecuted by Special Assistant U.S. Attorney Jodi A. Mazer of the Economic & Environmental Crimes Section.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Philadelphia Man Sentenced for Robbing A Pawn Shop Owner at GunpointRead 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 Marquee Hicks, 22, of Philadelphia, PA, who was convicted of possession with intent to distribute cocaine, possession of a firearm in furtherance of drug trafficking, and robbery affecting interstate commerce, was sentenced to serve 140 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that on November 5, 2016, Hicks went to the Royal Crown Pawn Shop on Dewey Avenue in Rochester. The defendant entered the store and asked to see some jewelry in a display case. When the owner opened the case, Hicks pointed a handgun at the owner, and robbed the store along with other individuals. During the robbery, the store owner’s mouth and legs were covered and bound with duct tape. After removing property from the store, the defendant and other assailants left.
On March 9, 2017, Hicks was a passenger in a vehicle that was pulled over for a traffic stop by Elmira Police Officers. While an officer was speaking to the driver at the rear of the vehicle, another officer continued to watch Hicks, who was still in the car. That officer witnessed the defendant remove two baggies of cocaine from his pockets and put them on the car floor. The officers then opened the passenger door to arrest Hicks, and a brief struggle ensued. During the struggle, officers removed a loaded .40 caliber handgun from Hicks’ waistband.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Greece Police Department, under the direction of Chief Patrick Phelan; and the Elmira Police Department, under the direction of Chief Joseph Kane.
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Owners of Los Angeles Home Health Agency Sentenced to Prison for Role in Health Care Fraud that Defrauded MedicareRead the Press Release
LOS ANGELES – Two owners and operators of a home health agency were sentenced to 10 years and 6½ years in federal prison on Monday for their roles in a scheme to bill Medicare for various items and services – including home health services, diagnostic testing, medical procedures and durable medical equipment – that were not medically necessary and/or were not provided.
Angela Avetisyan, 43, of Glendale, was sentenced to 120 months in prison by United States District Judge Otis D. Wright II, who also ordered Avetisyan to pay $4,283,674 in restitution and to forfeit all right, title, and interest in $172,000 seized by the government in May 2014, as well as six real properties purchased with fraud proceeds. The Court ordered Avetisyan to make an immediate partial restitution payment of $10,000.
Ashot Minasyan, 61, of North Hollywood, was sentenced to 78 months in prison by Judge Wright, who also ordered Minasyan to pay $4,283,674 in restitution and to forfeit all right, title, and interest in the same $172,000 and six real properties. The Court ordered Minasyan to make an immediate partial restitution payment of $100,000.
Avetisyan and Minasyan were charged along with Robert Glazer, 73, and Marina Merino, 62, both of Los Angeles, in a second superseding indictment returned in June 2015. On June 7, 2019, co-defendants Glazer and Merino were found guilty after a seven-day trial of conspiracy to commit health care fraud and health care fraud.
Avetisyan and Minasyan each pleaded guilty on Oct. 9, 2018, to one count of conspiracy to commit health care fraud. As part of their guilty pleas, Avetisyan and Minasyan admitted that, as co-owners and operators of the Los Angeles-based Fifth Avenue Home Health, they engaged in a conspiracy with Glazer, Merino and others to recruit Medicare patients to Glazer’s clinic so that Glazer could use those patients’ information to bill for medically unnecessary outpatient clinic services and refer those patients for medically unnecessary home health services from Fifth Avenue and other home health agencies. Avetisyan and Minasyan further admitted that they paid Merino and other patient recruiters illegal kickbacks to bring Medicare patients to the Glazer clinic.
As found at sentencing by the Court, Avetisyan and Minasyan, along with their co-conspirators, submitted and caused to be submitted false and fraudulent claims for home health services that were medically unnecessary, for services that were not provided and for claims obtained by the payment of illegal kickbacks.
This case was investigated by the United States Department of Health and Human Services, Office of Inspector General; the FBI; and IRS-Criminal Investigation.
Justice Department Trial Attorneys Claire Yan, Robyn N. Pullio and Emily Z. Culbertson of the Criminal Division’s Fraud Section are prosecuting the case. The Asset Forfeiture Section of the U.S. Attorney’s Office for the Central District of California is handling the asset forfeiture aspects of the case.
The Fraud Section leads the Medicare Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Owners of Los Angeles Home Health Agency Sentenced to Prison for Role in Health Care Fraud that Defrauded MedicareRead the Press Release
Two owners and operators of a Los Angeles, California, home health agency were sentenced to 120 and 78 months in prison yesterday for their roles in a scheme to bill Medicare for various items and services, including home health services, diagnostic testing, medical procedures and durable medical equipment that were not medically necessary and/or were not provided.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Nicola T. Hanna of the Central District of California, Special Agent in Charge Christian J. Schrank of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Los Angeles Regional Office, Assistant Director in Charge Paul D. Delacourt of the FBI’s Los Angeles Division and Special Agent in Charge Ryan Korner of the IRS Criminal Investigations’ (IRS-CI) Los Angeles Field Office made the announcement.
Angela Avetisyan, 43, of Glendale, California, was sentenced to 120 months in prison by U.S. District Judge Otis D. Wright II of the Central District of California, who also ordered Avetisyan to pay $4,283,674 in restitution and to forfeit all right, title, and interest in $172,000 seized by the government in May 2014, as well as six real properties purchased with fraud proceeds. The Court ordered Avetisyan to make an immediate partial restitution payment of $10,000.
Ashot Minasyan, 61, of North Hollywood, California, was sentenced to 78 months in prison by Judge Wright, who also ordered Minasyan to pay $4,283,674 in restitution and to forfeit all right, title, and interest in the same $172,000 and six real properties. The Court ordered Minasyan to make an immediate partial restitution payment of $100,000.
Avetisyan and Minasyan were charged along with Robert Glazer, 73, and Marina Merino, 62, both of Los Angeles, in a second superseding indictment returned in June 2015. On June 7, 2019, co-defendants Glazer and Merino were found guilty after a seven day trial of conspiracy to commit health care fraud and health care fraud.
Avetisyan and Minasyan each pleaded guilty on Oct. 9, 2018, to one count of conspiracy to commit health care fraud. As part of their guilty pleas, Avetisyan and Minasyan admitted that as co-owners and operators of Fifth Avenue Home Health (Fifth Avenue), a home health agency located in Los Angeles, they engaged in a conspiracy with Glazer, Merino and others to recruit Medicare patients to Glazer’s clinic so that Glazer could use those patients’ information to bill for medically unnecessary outpatient clinic services and refer those patients for medically unnecessary home health services from Fifth Avenue and other home health agencies. Avetisyan and Minasyan further admitted that they paid Merino and other patient recruiters illegal kickbacks to bring Medicare patients to the Glazer clinic.
As found at sentencing by the Court, Avetisyan and Minasyan, along with their co-conspirators, submitted and caused to be submitted false and fraudulent claims for home health services that were medically unnecessary, for services that were not provided and for claims obtained by the payment of illegal kickbacks.
This case was investigated by the HHS-OIG, the FBI and IRS-CI. Trial Attorneys Claire Yan, Robyn N. Pullio and Emily Z. Culbertson of the Criminal Division’s Fraud Section are prosecuting the case. The Asset Forfeiture Section of the U.S. Attorney’s Office for the Central District of California is handling the asset forfeiture aspects of the case.
The Fraud Section leads the Medicare Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Ontario County Woman Indicted on Wire and Bank Fraud ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a two-count indictment charging Karen Owens, 54, of Phelps, NY, with wire fraud and bank fraud. The charges carry a maximum penalty of 30 years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that the defendant was employed by Finger Lakes Conveyors, Inc. (FLC) as its Director of Finance from 2003 to 2017. According to the indictment, during that time period, Owens embezzled over $750,000 in funds from FLC’s bank account by writing approximately 550 unauthorized checks to herself and to pay off her and her husband’s personal credit cards. The defendant, who was responsible for maintaining FLC’s accounting records, would conceal the unauthorized checks by falsely recording them in FLC’s QuickBooks ledger as payments to FLC’s vendors for legitimate business expenses.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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O.C. Man Who Was a Top Seller of Narcotics on One of Dark-net’s Biggest Marketplaces Sentenced to 10 Years in Federal PrisonRead the Press Release
LOS ANGELES – An Irvine resident who sold narcotics on one of the dark-net’s largest marketplaces has been sentenced to 120 months in federal prison for illegally distributing drugs.
Tyler Reeves, 29, who sold narcotics under the moniker “Platinum45,” was sentenced on Monday by United States District Judge James V. Selna. In addition to the 10-year prison term, Judge Selna ordered Reeves to pay a $15,000 fine.
The 10-year sentence resulted from Reeves pleading guilty in March to distributing methamphetamine and money laundering.
From mid-2017 until September 2018, Reeves illegally sold narcotics – including prescription painkillers, stimulants and sedatives, as well as methamphetamine – on the dark web marketplace that was known as Wall Street Market, a now-defunct online bazaar that was operated by three German nationals who currently face charges in the United States and in Germany.
Reeves – who was one of the top five vendors on Wall Street Market – sold narcotics to nearly 300 customers around the globe and offered to sell as much as a kilogram of methamphetamine. Reeves’ customers included undercover law enforcement officers, who made six purchases from Platinum45, including one transaction in which Reeves shipped two ounces of methamphetamine in exchange for $2,230 in virtual currency, a sale that forms the basis of the first charge he admitted.
The money laundering charge stems from Reeves accepting Bitcoin as payment and converting that cryptocurrency into fiat U.S. money.
“On September 20, 2018, law enforcement executed a search warrant at defendant’s residence. At his residence, [Reeves] possessed not only illegal controlled substances, such as methamphetamine and oxycodone (prescribed to defendant), but he also possessed 13 unserialized firearms, and 14 unserialized silencers, which are used to suppress the sound of a gunshot,” prosecutors wrote in a sentencing memorandum. “Defendant purchased the parts for these firearms online and manufactured these silencers and firearms. In addition to the drugs and firearms, defendant possessed extensive computing equipment, a Trezor hardware wallet (used for storing cryptocurrency), and gold and silver bars.”
This matter was investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation, the United States Postal Inspection Service, and IRS – Criminal Investigation. The Irvine Police Department provided assistance.
The case against Reeves was prosecuted by Assistant United States Attorneys Ryan White, Chief of the Cyber and Intellectual Property Crimes Section, and Puneet Kakkar of the International Narcotics, Money Laundering, and Racketeering Section.
New Haven Man Who Sold Drugs Involved in 2 Overdose Deaths Sentenced to 7 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ALEX BORRERO, also known as “Red,” 51, of New Haven, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 84 months of imprisonment, followed by six years of supervised release, for distributing heroin and fentanyl.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, on February 28, 2017, the Wallingford Police Department and emergency medical personnel responded to a report of an untimely death of a 25-year-old male at a residence in Wallingford. At the scene, officers seized drug and non-drug evidence, including the victim’s cellphone and six empty wax folds bags that contained a white powder residue.
The Connecticut Office of the Chief Medical Examiner determined that the victim’s death was caused by a combination of fentanyl and alprazolam (Xanax).
The investigation revealed that Borrero, who had been selling heroin and fentanyl in the New Haven area, was the source of the fentanyl involved in the overdose death of the victim. The investigation also revealed that another of Borrero’s drug customers, a 31-year-old male, died of an overdose in Branford on May 18, 2017.
Borrero was arrested on a federal criminal complaint on October 23, 2017. At the time of his arrest, he possessed approximately 30 grams of heroin and approximately $1,900 in cash.
On May 15, 2018, Borrero pleaded guilty to one count of possession with intent to distribute, and distribution of, heroin and fentanyl.
Borrero, who is released on bond, is required to report to prison on August 14.
Borrero’s criminal history dates to 1988 and includes 11 felony convictions, including a federal conviction for conspiracy to possess with intent to distribute heroin. In 1998, he was sentenced in the U.S. District Court for the Middle District of Florida, in Orlando, to 188 months of imprisonment. He was released from federal prison in 2011.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Task Force and the Wallingford and Branford Police Departments.
This case was prosecuted by Assistant U.S. Attorneys John T. Pierpont, Jr. and Michael S. McGarry.
Nearly 1,700 Suspected Child Sex Predators Arrested During Operation “Broken Heart”Read the Press Release
The Department of Justice today announced the arrest of almost 1,700 suspected online child sex offenders during a two-month, nationwide operation conducted by Internet Crimes Against Children task forces. The task forces identified 308 offenders who either produced child pornography or committed child sexual abuse, and 357 children who suffered recent, ongoing or historical sexual abuse or were exploited in the production of child pornography.
The 61 ICAC task forces, located in all 50 states and comprised of more than 4,500 federal, state, local and tribal law enforcement agencies, led the coordinated operation known as “Broken Heart” during the months of April and May 2019. During the course of the operation, the task forces investigated more than 18,500 complaints of technology-facilitated crimes targeting children and delivered more than 2,150 presentations on internet safety to over 201,000 youth and adults.
"The sexual abuse of children is repugnant, and it victimizes the most innocent and vulnerable of all," Attorney General William P. Barr said. "We must bring the full force of the law against sexual predators, and with the help of our Internet Crimes Against Children program, we will. Over the span of just two months, our ICAC task forces investigated more than 18,000 complaints of internet-related abuse and helped arrest 1,700 alleged abusers. I would like to thank our Office of Justice Programs, all of the task force members, and especially the state and local partners who helped us achieve these important results. We are committed to bringing the defendants in these cases to justice and protecting every American child."
The operation targeted suspects who: (1) produce, distribute, receive and possess child pornography; (2) engage in online enticement of children for sexual purposes; (3) engage in the sex trafficking of children; and (4) travel across state lines or to foreign countries and sexually abuse children.
The ICAC Program is funded through the Department’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) within the Office of Justice Programs (OJP). In 1998, OJJDP launched the ICAC Task Force Program to help federal, state and local law enforcement agencies enhance their investigative responses to offenders who use the internet, online communication systems or computer technology to exploit children. To date, ICAC task forces have reviewed more than 922,000 complaints of child exploitation, which have resulted in the arrest of more than 95,500 individuals. In addition, since the ICAC program's inception, more than 708,500 law enforcement officers, prosecutors and other professionals have been trained on techniques to investigate and prosecute ICAC-related cases.
For more information, visit the ICAC Task Force webpage. For state-level Operation Broken Heart results, please contact the appropriate state ICAC task force commander. Contact information for task force commanders is available online.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Matt M. Dummermuth, provides federal leadership, grants, training, technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal justice system. More information about OJP and its components can be found at www.ojp.gov.
Nearly 1,700 Suspected Child Sex Predators Arrested During Operation “Broken Heart”Read the Press Release
KNOXVILLE, Tenn. – The Department of Justice today announced the arrest of almost 1,700 suspected online child sex offenders during a two-month, nationwide operation conducted by Internet Crimes Against Children (ICAC) task forces. The task forces identified 308 offenders who either produced child pornography or committed child sexual abuse, and 357 children who suffered recent, ongoing or historical sexual abuse or were exploited in the production of child pornography.
The 61 ICAC task forces, located in all 50 states and comprised of more than 4,500 federal, state, local and tribal law enforcement agencies, led the coordinated operation known as “Broken Heart” during the months of April and May 2019. During the course of the operation, the task forces investigated more than 18,500 complaints of technology-facilitated crimes targeting children and delivered more than 2,150 presentations on internet safety to over 201,000 youth and adults. This included a total of 36 arrests by the Tennessee ICAC Task Force, led by the Knoxville Police Department.
"The sexual abuse of children is repugnant, and it victimizes the most innocent and vulnerable of all," Attorney General William P. Barr said. "We must bring the full force of the law against sexual predators, and with the help of our Internet Crimes Against Children program, we will. Over the span of just two months, our ICAC task forces investigated more than 18,000 complaints of internet-related abuse and helped arrest 1,700 alleged abusers. I would like to thank our Office of Justice Programs, all of the task force members, and especially the state and local partners who helped us achieve these important results. We are committed to bringing the defendants in these cases to justice and protecting every American child."
“Sexual predators use the Internet and social media to find children to groom and entice for illicit sexual activity. Parents should be vigilant to protect their children from these would-be child molesters,” said J. Douglas Overbey, U.S. Attorney for the Eastern District of Tennessee. “Our office commends the excellent work of the Tennessee ICAC Task Force in their continued efforts to locate and arrest the perpetrators of these heinous crimes, and then work with our prosecutors to build cases for successful prosecutions.”
The operation targeted suspects who: (1) produce, distribute, receive and possess child pornography; (2) engage in online enticement of children for sexual purposes; (3) engage in the sex trafficking of children; and (4) travel across state lines or to foreign countries and sexually abuse children.
The ICAC Program is funded through the Department’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) within the Office of Justice Programs (OJP). In 1998, OJJDP launched the ICAC Task Force Program to help federal, state and local law enforcement agencies enhance their investigative responses to offenders who use the internet, online communication systems or computer technology to exploit children. To date, ICAC task forces have reviewed more than 922,000 complaints of child exploitation, which have resulted in the arrest of more than 95,500 individuals. In addition, since the ICAC program's inception, more than 708,500 law enforcement officers, prosecutors and other professionals have been trained on techniques to investigate and prosecute ICAC-related cases.
For more information, visit the ICAC Task Force webpage. For state-level Operation Broken Heart results, please contact the appropriate state ICAC task force commander. Contact information for task force commanders is available online.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Matt M. Dummermuth, provides federal leadership, grants, training, technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal justice system. More information about OJP and its components can be found at www.ojp.gov.
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Morris County Woman Admits Conspiring with Iranian National to Illegally Export Aircraft Components to IranRead the Press Release
Iranian National Charged In Scheme to Evade U.S. Sanctions
NEWARK, N.J. – A Morris County, New Jersey, woman today admitted her role in a scheme to illegally smuggle millions of dollars’ worth of aircraft parts from the United States to Iran, U.S. Attorney Craig Carpenito announced.
Joyce Eliabachus, a/k/a “Joyce Marie Gundran Manangan,” 52, of Morristown, New Jersey, pleaded guilty before U.S. District Judge Madeline Cox Arleo to an information charging her with one count of conspiracy to violate the International Emergency Economic Powers Act (IEEPA) in connection with her role in an international procurement network that smuggled over $2 million worth of aircraft components to Iran.
In addition to the guilty plea, a complaint was unsealed today in New Jersey against Peyman Amiri Larijani, 33, a citizen and resident of Iran charging him with one count each of conspiracy to violate Iranian Transactions and Sanctions Regulations (ITSR), conspiracy to commit money laundering, and conspiracy to smuggle goods from the United States. Larijani was also charged in U.S. District Court for the District of Columbia in two separate indictments unsealed June 4, 2019.
The guilty plea by Eliabachus and the charges unsealed against Larijani follow a joint investigation by the U.S. Department of Homeland Security, Homeland Security Investigations, and the U.S. Department of Commerce, Office of Export Enforcement.
“Eliabachus and others allegedly ran an international smuggling ring that shipped $2 million in aircraft parts to multiple Iranian airlines, including a company that has provided financial, material, and technological support to the Islamic Revolutionary Guard Corps,” U.S. Attorney Carpenito said. “This arrest, which was made possible by a close collaboration between our office and our partners at Homeland Security Investigations and the Office of Export Enforcement, has snuffed out another source of funds and goods to overseas entities that may endanger our national and economic security.”
“Today’s action is the result of outstanding collaborative efforts by the Office of Export Enforcement, the Justice Department, and Homeland Security Investigations,” Special Agent in Charge Jonathan Carson of the Office of Export Enforcement said. “This arrest will cut-off a key supplier to a proliferation network which illegally sold U.S. origin items to Iran. Violations such as these jeopardize national security and undermine U.S. foreign policy. We will continue to vigorously pursue violators wherever they may be.”
“For over two years, Eliabachus illegally engaged in aircraft component sales to Iran, a nation listed by the United States as a state sponsor of terrorism,” Brian Michael, HSI Newark Special Agent in Charge, said. “This potentially endangered U.S. security, particularly as one of the Iranian companies sold to does business with the Iranian Revolutionary Guard, a military unit tied to terrorist acts around the world. As protectors of the homeland, HSI is proud to have worked with other government agencies to have exposed this dangerous network.”
According to documents filed in this case and statements made in court:
Eliabachus, Larijani and others were part of an international procurement network that surreptitiously acquired large quantities of aircraft components from United States-based manufacturers and vendors and unlawfully exported them to entities in Iran using freight-forwarding companies in the United Arab Emirates (UAE) and Turkey.
Eliabachus was the principal officer and operator of Edsun Equipments LLC, a purported New Jersey-based aviation parts trading company run out of her Morristown residence. Larijani was the owner of an Iran-based procurement firm and served as operations and sales manager of a network of supply and engineering companies in Tehran, Iran, and Istanbul, Turkey.
From May 2015 through October 2017, Eliabachus, Larijani, and their conspirators facilitated at least 49 shipments containing 23,554 license-controlled aircraft parts from the United States to Iran, all of which were exported without the required licenses.
Eliabachus conspired with Larijani, whose international network helped initiate the purchase of United States-origin aircraft components on behalf of Larijani’s clients in Iran. The network’s client list included Iranian airline companies, several of which have been officially designated by the United States as a threat to national security, foreign policy, or economic interests. One company, Mahan Air Co., has been subject to sanctions by the United States for providing financial, material and technological support to the Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF), and allegedly ferrying arms and reinforcements to designated terrorist groups such as Hezbollah and Hamas.
Eliabachus used her company to finalize the purchase and acquisition of the requested components from the various United States-based distributors. She repackaged and shipped the components to shipping companies in the UAE and Turkey, where Larijani and other Iranian conspirators directed the components to locations in Iran.
In order to obscure the extent of the network’s procurement activities, Eliabachus routinely falsified the true destination and end-user of the aircraft components she acquired. She also falsified the true value of the components being exported in order to avoid filing export control forms, which further obscured the network’s illegal activities from law enforcement.
The funds for the illicit transactions were obtained from the Iranian purchasers, funneled through Turkish bank accounts held in the names of shell companies controlled by the Iranian conspirators. The money was ultimately transferred into one of Edsun Equipments’ accounts in the United States. The network’s creation and use of multiple bank accounts and shell companies abroad was intended to conceal the true sources of funds in Iran, as well as the identities of the Iranian entities who were receiving U.S. aircraft components.
The count of conspiracy to violate IEEPA, to which Eliabachus pleaded guilty, carries a maximum potential of five years in prison and a $250,000 fine. Sentencing is scheduled for Sept. 24, 2019.
The counts against Larijani are punishable as follows: conspiracy to violate the ITSR carries a maximum penalty of 20 years in prison and a $1 million fine; conspiracy to commit money laundering carries a maximum penalty of 20 years in prison and a $500,000 fine; conspiracy to smuggle goods carries a maximum penalty of five years in prison and a $250,000 fine. The charges against Larijani are only allegations, and he is presumed innocent unless and until proven guilty.
U.S. Attorney Carpenito credited special agents of Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Brian Michael in Newark, and the U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement, under the direction of Special Agent in Charge Jonathan Carson in New York, with the investigation.
The government is represented by Assistant U.S. Attorneys Dean C. Sovolos of the U.S. Attorney’s Office National Security Unit, and Sarah Devlin of the office’s Asset Recovery and Money Laundering Unit, with assistance from Trial Attorney David Recker of the National Security Division’s Counterintelligence and Export Control Section.
Defense counsel: Eliabachus: John Yauch Esq., Assistant Federal Public Defender, Newark
Monroe County Man Sentenced to Six Years in Prison for Heroin and Cocaine TraffickingRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Matthew Morales, age 25, of Pocono Summit, Monroe County, was sentenced June 6, 2019, by Senior U.S. District Court Judge A. Richard Caputo to six years’ imprisonment and four years on supervised release for his role in a Monroe County-based heroin and cocaine trafficking conspiracy.
According to United States Attorney David J. Freed, Morales previously pleaded guilty to conspiring with others to distribute between 10 and 40 grams of heroin (which is equivalent to 400 to 1600 individual doses of heroin), as well as between 28 and 112 grams of crack cocaine, in the Monroe County area between May and July 2015. Morales was one of eleven individuals indicted by a grand jury in July 2015 and charged with conspiring to distribute heroin, powder cocaine and crack cocaine in the Monroe County area.
The case was investigated by the Drug Enforcement Administration (DEA) and the Pocono Mountain Regional Police Department. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal enforcement and the local community to develop effective, locally-based strategies to reduce crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This prosecution is also part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
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Mexican National Sentenced to More Than 22 Years in Federal Prison for Child Exploitation OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, Peter C. Fitzhugh, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Boston, and East Hartford Police Chief Scott M. Sansom announced that JOSE ANTONIO QUIROZ-MARTINEZ, 27, a citizen of Mexico last residing in East Hartford, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 270 months of imprisonment, followed by 10 years of supervised release, for enticing a minor to engage in sexual activity.
According to court documents and statements made in court, in April and May 2017, Quiroz-Martinez used a cell phone to send sexually explicit texts and pictures of himself to an 11-year-old girl, and enticed the minor victim to send him sexually explicit pictures of herself. Quiroz-Martinez also attempted to meet the minor victim to engage in sexual activity.
Analysis of Quiroz-Martinez’s cell phone also revealed more than 4,000 images of child pornography, including numerous images of toddlers or infants, images depicting sadistic or masochistic conduct and/or violence, and images of bestiality.
In sentencing Quiroz-Martinez, Judge Thompson also considered evidence that Quiroz-Martinez sexually assaulted a 13-year-old girl and a 17-year-old girl in 2015.
Quiroz-Martinez has been detained since his arrest on related state charges on May 4, 2017. On January 4, 2019, he pleaded guilty to using an interstate facility to entice a minor to engage in sexual activity.
Quiroz-Martinez faces immigration proceedings when he is released from prison.
This matter was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and the East Hartford Police Department. The case was prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
Mexican Man Sentenced for False Claim to United States CitizenshipRead the Press Release
St. Thomas, USVI – District Court Judge Curtis V. Gomez sentenced today Edgar Ramirez, 36, a citizen of Mexico, to the time he has served in custody since March 11, 2019, and one year of supervised release, for falsely claiming United States citizenship, United States Attorney Gretchen C.F. Shappert announced. Judge Gomez also ordered Ramirez to pay a special assessment of $100.
On March 11, 2019, Ramirez pleaded guilty to falsely claiming United States citizenship to U.S. Customs and Border Protection officers at the Cyril E. King Airport on St. Thomas, U.S. Virgin Islands. According to court documents, on December 20, 2018, Ramirez presented to officers a false Pennsylvania identification card in the name of Rodolfo Salinas. After questioning, Ramirez admitted that he was not a United States citizen but instead was born in Mexico and that he paid $2,000 to cross the border into the United States in 2001.
The case was investigated by Homeland Security Investigations. It was prosecuted by Assistant U.S. Attorney Kim L. Chisholm.
Mexican Citizen Sentenced to 63 Months for Helping Criminal Alien Enter United StatesRead the Press Release
ALBANY, NEW YORK – Maria Angelica Cruz Lancheros, also known as Coral Marisol Tovar-Flores, age 42, and a Mexican citizen living in Corona, New York, was sentenced today to 63 months in prison, to be followed by a 3-year period of supervised release, for aiding and assisting an illegal alien previously convicted of an aggravated felony to enter the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
On May 5, 2017, Cruz Lancheros travelled from New York City to Fort Covington, New York, with Jose Cardona Brito, in an attempt to help Jose Idarraga Lozano sneak into the United States from Canada. They were unsuccessful on May 5, and tried again the next day.
Cruz Lancheros and Cardona Brito met with and picked up Idarraga Lozano along the border near Fort Covington late on the night of May 6, 2017. As they were leaving the border area, they were stopped and arrested by Border Patrol Agents on New York State Route 11 near Burke, New York. Idarraga Lozano was inadmissible for entry into the United States, as he had been convicted of an aggravated felony, for drug trafficking, in the United States District Court for the District of New Jersey, in 2007, and removed to Colombia in 2009.
On May 9, 2019, Jose Cardona Brito, age 43, a citizen of Colombia residing in Jackson Heights, New York, was also convicted of helping an aggravated felon illegally enter the United States, and sentenced to time served (24 months in jail), followed by 1 year of supervised release. Jose Idarraga Lozano, age 34, of Colombia, pled guilty to the felony offense of illegal re-entry by an alien and was sentenced on March 28, 2018 to 16 months in prison, to be followed by 1 year of supervised release.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mexican Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Fidel Herrera-Cruz, age 40, and a citizen of Mexico, was sentenced today to 5 months in jail for illegally re-entering the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
Herrera-Cruz admitted that he is a citizen of Mexico, and that he was removed from the United States to Mexico on April 10, 2018 and again on October 28, 2018. On each occasion, Herrera-Cruz had been arrested by immigration authorities along the southwest border after he entered the United States without inspection from Mexico.
On February 24, 2019, Herrera-Cruz was arrested by a Border Patrol Agent as part of a group of five people who had illegally entered the United States from Canada by walking across the border approximately 4 miles east of the Fort Covington Port of Entry. A fingerprint check of Herrera-Cruz resulted in the discovery of the prior removals.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Medical Device Maker ACell, Inc. Pleads Guilty and Will Pay $15 Million to Resolve Criminal Charges and Civil False Claims AllegationsRead the Press Release
Baltimore, Maryland – ACell, Inc. (ACell), a Maryland-based medical device manufacturer, pleaded guilty to charges relating to its MicroMatrix powder wound-dressing product (MicroMatrix). ACell entered a guilty plea before U.S. District Court Judge Ellen L. Hollander in the District of Maryland to one misdemeanor count of failure and refusal to report a medical device removal in violation of the Federal Food, Drug, and Cosmetic Act (FDCA). In addition, ACell has agreed to settle allegations that it caused false claims to be submitted to federal health care programs for MicroMatrix, and to pay $15 million to resolve its criminal and civil liability arising from these matters.
The guilty plea and settlement were announced by United States Attorney for the District of Robert K. Hur; Assistant Attorney General Joseph H. Hunt of the Justice Department’s Civil Division; Special Agent in Charge Maureen Dixon, Office of Investigations, Office of Inspector General of the Department of Health and Human Services; Special Agent in Charge Mark S. McCormack of the U.S. Food & Drug Administration, Office of Criminal Investigations’ Metro Washington Field Office; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Special Agent in Charge Robert E. Craig, Jr. of the Defense Criminal Investigative Service - Mid-Atlantic Field Office.
“When companies use contaminated materials to manufacture devices and fail to notify the FDA of recalls of their products due to concerns of patient safety, they undermine the integrity of the FDA recall process and may cause patients to receive devices that are not safe,” said U.S. Attorney for the District of Maryland Robert K. Hur. “This joint criminal and civil resolution holds ACell accountable for this violation while returning dollars back to the Medicare program for false claims.”
“Today’s settlement underscores the Department’s commitment to holding device manufacturers accountable for ensuring that their products are safe, which includes making timely notifications to the FDA when a product recall is required,” said Assistant Attorney General Joseph H. Hunt of the Department of Justice.
“Neglecting to provide vital medical device information to the FDA, medical professionals, and even the company’s own sales force, posed a significant threat to the lives of patients across the country,” said Maureen Dixon, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services region including Maryland. “Compounding that crime, the government contended the company paid thinly-veiled bribes to health providers and stuck taxpayers with inflated bills.”
As charged in a criminal information unsealed today, ACell removed MicroMatrix from its point of use to reduce a risk to health posed by the device, but failed to report the removal to the Food and Drug Administration (FDA). The United States alleges that in 2012, ACell clandestinely removed its MicroMatrix devices from sales representative inventories, hospitals, and other healthcare centers, due to a risk to patient health posed by endotoxin contamination of those devices. Endotoxin exposure on the human body can cause fever, infection, septic shock, and death.
Pursuant to a plea agreement, ACell admitted that it learned in January 2012 that more than 30,000 MicroMatrix devices were contaminated with endotoxin levels that posed a risk to patient health. Due to that health risk, ACell initiated a removal of certain sizes of MicroMatrix devices from the market. ACell admitted that it did not report the removal of these devices from the market to FDA. ACell also admitted that it concealed the reason for the product removal from doctors, hospitals, and the company’s own sales force, and did not notify doctors who had already used MicroMatrix devices from the lots subject to removal of the elevated endotoxin levels. Under the terms of the plea agreement, ACell agreed to pay a criminal fine of $3 million. ACell must also abide by an agreement with the Department of Justice requiring ACell to enact extensive compliance reforms.
Pursuant to the civil settlement under the False Claims Act, ACell will pay $12 million over five years to resolve its civil liability for causing false claims for MicroMatrix to be submitted to government health care programs. Specifically, the United States alleged that, beginning in 2011, ACell’s marketing of MicroMatrix, which is indicated for the treatment of topical wounds, was false and misleading because, at the direction of management, ACell sales representatives stated to physicians that the use of MicroMatrix powder non-topically and internally was safe and effective, when the sales representatives knew that no such clinical data existed. Additionally, the United States contended that, beginning in March 2012, ACell provided incorrect coding recommendations to healthcare providers for ACell devices and improperly inflated reimbursement from Medicare. ACell continued to provide this erroneous guidance even after two separate coding consultants advised ACell that it was incorrect. Finally, the United States alleged that ACell induced prescribers to order ACell products by providing improper inducements, including entertainment, payments for being part of ACell’s speaker program, and free products, designed to encourage orders from the recipients of those inducements.
Contemporaneous with the civil settlement, ACell entered into a Corporate Integrity Agreement (CIA) with the HHS-OIG. Along with the civil settlement, ACell entered into a Corporate Integrity Agreement (CIA) with the HHS-OIG. The five-year CIA requires, among other things, the implementation of a risk assessment and internal review process designed to identify and address evolving compliance risks on an ongoing basis. In addition, the CIA enhances individual accountability by requiring sign-off certifications from the ACell Board of Directors and specified executives. The CIA requires training, auditing, and monitoring designed to address the range of activities (promotional and otherwise) at issue in the case.
The civil settlement resolves a lawsuit filed by John Murtaugh, a former employee of ACell, under the qui tam or whistleblower provisions of the False Claims Act, which permit private individuals, known as relators, to sue on behalf of the government for false claims and to share in any recovery. The qui tam suit was filed in the District of Maryland and is captioned United States ex rel. John Murtaugh v. ACell, Inc., Action No. ELH-13-1820 (D. Md.). Murtaugh will receive $2,366,004 of the civil settlement.
Except as to conduct admitted as part of the guilty plea, the claims resolved by the civil settlement are allegations only and there has been no determination of liability.
The government is represented in the criminal case by Assistant U.S. Attorney Roann Nichols of the U.S. Attorney’s Office for the District of Maryland and Trial Attorneys Clint Narver and Ann Entwistle of the Civil Division’s Consumer Protection Branch, with assistance from FDA’s Office of Chief Counsel. The civil settlement was the result of the coordinated efforts of Assistant U.S. Attorney Thomas Corcoran of the U.S. Attorney’s Office for the District of Maryland and Senior Counsel Natalie Waites of the Civil Division’s Commercial Litigation Branch. The investigation was conducted by HHS-OIG, FDA’s Office of Criminal Investigations, the Federal Bureau of Investigation, and the Department of Defense Criminal Investigative Services.
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Medical Device Maker ACell Inc. Pleads Guilty and Will Pay $15 Million to Resolve Criminal Charges and Civil False Claims AllegationsRead the Press Release
ACell Inc. (ACell), a Maryland-based medical device manufacturer, pleaded guilty to charges relating to its MicroMatrix powder wound dressing product (MicroMatrix), the Department of Justice announced today. ACell entered a guilty plea before U.S. District Court Judge Ellen L. Hollander in the District of Maryland to one misdemeanor count of failure and refusal to report a medical device removal in violation of the Federal Food, Drug, and Cosmetic Act (FDCA). In addition, ACell has agreed to settle allegations that it caused false claims to be submitted to federal health care programs for MicroMatrix, and to pay $15 million to resolve its criminal and civil liability arising from these matters.
“Today’s settlement underscores the Department of Justice’s commitment to holding device manufacturers accountable for ensuring that their products are safe, which includes making timely notifications to the FDA when a product recall is required,” said Assistant Attorney General Jody Hunt of the Civil Division.
“When companies use contaminated materials to manufacture devices and fail to notify the FDA of recalls of their products due to concerns of patient safety, they undermine the integrity of the FDA recall process and may cause patients to receive devices that are not safe,” said U.S. Attorney for the District of Maryland Robert K. Hur. “This joint criminal and civil resolution holds ACell accountable for this violation while returning dollars back to the Medicare program for false claims.”
“The FDA will not tolerate the actions of companies that put patients at risk by failing to report the market withdrawal of their medical devices to the FDA,” said Acting FDA Commissioner Ned Sharpless, M.D. “By not notifying the FDA nor being forthcoming about their reasons for the product removal, ACell executives placed profit above patient safety. They risked that doctors would use the devices in procedures that could jeopardize patient health, and violated both the trust of patients and the medical community in their medical device. We will continue to investigate and bring to justice companies that do not follow FDA’s postmarket compliance requirements, which are important to ensure the protection of the public health.”
Along with the civil settlement, ACell entered into a Corporate Integrity Agreement (CIA) with the HHS-OIG. The five-year CIA requires, among other things, the implementation of a risk assessment and internal review process designed to identify and address evolving compliance risks on an ongoing basis. In addition, the CIA enhances individual accountability by requiring sign-off certifications from the ACell Board of Directors and specified executives. The CIA requires training, auditing, and monitoring designed to address the range of activities (promotional and otherwise) at issue in the case.
“Neglecting to provide vital medical device information to the FDA, medical professionals, and even the company’s own sales force, posed a significant threat to the lives of patients across the country,” said Maureen Dixon, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services region including Maryland. “Compounding that crime, the government contended the company paid thinly-veiled bribes to health providers and stuck taxpayers with inflated bills.”
As charged in a criminal information unsealed today, ACell removed MicroMatrix from its point of use to reduce a risk to health posed by the device, but failed to report the removal to the Food and Drug Administration (FDA). The United States alleges that in 2012, ACell clandestinely removed its MicroMatrix devices from sales representative inventories, hospitals, and other healthcare centers, due to a risk to patient health posed by endotoxin contamination of those devices. Endotoxin exposure on the human body can cause fever, infection, septic shock, and death.
Pursuant to a plea agreement, ACell admitted that it learned in January 2012 that more than 30,000 MicroMatrix devices were contaminated with endotoxin levels that posed a risk to patient health. Due to that health risk, ACell initiated a removal of certain sizes of MicroMatrix devices from the market. ACell admitted that it did not report the removal of these devices from the market to FDA. ACell also admitted that it concealed the reason for the product removal from doctors, hospitals, and the company’s own sales force, and did not notify doctors who had already used MicroMatrix devices from the lots subject to removal of the elevated endotoxin levels. Under the terms of the plea agreement, ACell agreed to pay a fine of $3,000,000. ACell must also abide by an agreement with the Department of Justice requiring ACell to enact extensive compliance reforms.
Pursuant to the civil settlement under the False Claims Act, ACell will pay $12 million over five years to resolve its civil liability for causing false claims for MicroMatrix to be submitted to government health care programs. Specifically, the United States alleged that, beginning in 2011, ACell’s marketing of MicroMatrix, which is indicated for the treatment of topical wounds, was false and misleading because, at the direction of management, ACell sales representatives stated to physicians that the use of MicroMatrix powder non-topically and internally was safe and effective, when the sales representatives knew that no such clinical data existed. Additionally, the United States contended that, beginning in March 2012, ACell provided coding recommendations to healthcare providers for ACell devices that were incorrect and improperly inflated reimbursement from Medicare. ACell continued to provide this erroneous guidance even after two separate coding consultants advised ACell that it was incorrect. Finally, the United States alleged that ACell induced prescribers to order ACell products by providing improper inducements, including entertainment, payments for being part of ACell’s speaker program, and free product, designed to encourage orders from the recipients of those inducements.
The civil settlement resolves a lawsuit filed by John Murtaugh, a former employee of ACell, under the qui tam or whistleblower provisions of the False Claims Act, which permit private individuals, known as relators, to sue on behalf of the government for false claims and to share in any recovery. The qui tam suit was filed in the District of Maryland and is captioned United States ex rel. John Murtaugh v. ACell, Inc., Action No. ELH-13-1820 (D. Md.). Murtaugh will receive $2,366,004 of the civil settlement.
The government is represented in the criminal case by Assistant U.S. Attorney Roann Nichols of the U.S. Attorney’s Office for the District of Maryland and Trial Attorneys Clint Narver and Ann Entwistle of the Civil Division’s Consumer Protection Branch, with assistance from FDA’s Office of Chief Counsel. The civil settlement was the result of the coordinated efforts of Assistant U.S. Attorney Thomas Corcoran of the U.S. Attorney’s Office for the District of Maryland and Senior Counsel Natalie Waites of the Civil Division’s Commercial Litigation Branch. The investigation was conducted by HHS-OIG, FDA’s Office of Criminal Investigations, the FBI, and the Department of Defense Criminal Investigative Services.
Except as to conduct admitted as part of the guilty plea, the claims resolved by the civil settlement are allegations only and there has been no determination of liability.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch. To learn more about the U.S. Attorney’s Office for the District of Maryland, visit its website at https://www.justice.gov/usao-md. To learn more about the Fraud Section, visit its website at https://www.justice.gov/civil/fraud-section.
Man Pleads Guilty to Sexual Exploitation of a MinorRead the Press Release
OKLAHOMA CITY – JAYLYN MARQUICE BELL, 23, has pleaded guilty to sexually exploiting a minor, announced United States Attorney Timothy J. Downing.
On February 19, 2019, a federal grand jury returned a superseding indictment that charged Bell with using a minor female born in 2000 to engage in sexually explicit conduct for the purpose of producing an iPhone video. Bell was arrested at an Oklahoma City motel on November 16, 2018, and has been in the custody of the U.S. Marshals Service since January 2019.
Bell pleaded guilty earlier today, immediately before U.S. District Judge Charles B. Goodwin empaneled a jury for his trial. Bell admitted to recording himself engaging in sexually explicit conduct with a minor female.
At sentencing, Bell faces a mandatory minimum of 15 years in prison. The government has agreed in a plea agreement not to advocate for more than 20 years. He could also be required to serve three years of supervised release and fined up to $250,000. At sentencing, which will take place in approximately 90 days, the court will consider all of Bell’s relevant conduct under the United States Sentencing Guidelines.
This case is the result of an investigation by the FBI Oklahoma City Division, the Oklahoma City Police Department, and the Oklahoma Bureau of Narcotics & Dangerous Drugs. Assistant U.S. Attorneys K. McKenzie Anderson and Jacquelyn M. Hutzell are prosecuting the case.
This case is also part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section of the Department of Justice, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Reference is made to public filings for further information.
Man from Albuquerque Pleads Guilty to Drug Possession and Firearm ChargesRead the Press Release
ALBUQUERQUE – Omil Cotto, 33, of Albuquerque, N.M., pleaded guilty in federal court yesterday to charges of methamphetamine possession with the intent to distribute and using and carrying a firearm during and in relation to a drug trafficking crime.
The evidence acquired during the investigation shows that at approximately 2:39 p.m., on May 31, 2018, multiple 911 calls were received regarding a road rage incident that occurred near the intersection of Edith and Montano in Albuquerque, New Mexico. Law enforcement obtained surveillance footage from a nearby business that showed Cotto was involved in a collision with another vehicle. The video showed Cotto exit his yellow Chevrolet Camaro and fire multiple rounds from a gun towards the other vehicle as it drove northbound on Edith Boulevard.
The subsequent investigation of the shooting led officers to a home in southwest Albuquerque where Cotto was found. Cotto was taken into custody and a search warrant was obtained for the home. Inside the home, officers found a backpack that contained two bundles of methamphetamine and a handgun. A rifle was also found in the residence.
According to his plea agreement, Cotto admitted that he possessed approximately 877 grams of pure methamphetamine and a pistol in his car while driving in Bernalillo County on May 31, 2018. Cotto intended to distribute the methamphetamine in violation of federal law. Cotto possessed the firearm for protection from anyone who tried to steal his methamphetamine.
Cotto is currently in custody awaiting sentencing. He faces 15 years in prison under his plea agreement.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with the Drug Enforcement Administration and the Bernalillo County Sheriff’s Department. Assistant U.S. Attorney Peter J. Eicker is prosecuting the case. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Luzerne County Man Pleads Guilty to Distribution of Fentanyl Resulting in DeathRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania has announced that a Luzerne County man pleaded guilty on June 6, 2019, in United States District Court in Scranton, before United States District Court Judge James M. Munley, to drug distribution resulting in death.
According to United States Attorney David J. Freed, Michael F. Bogdon, age 26 of Kingston, Luzerne County, Pennsylvania, knowingly and intentionally distributed and possessed with intent to distribute a controlled substance, fentanyl, a Schedule II Controlled Substance, causing the death of another person.
The deadly distribution occurred on or about December 12, 2017 and resulted in the death of an 18-year old woman.
The charges stemmed from a joint investigation involving the Federal Bureau of Investigation (FBI) in Scranton, and the Kingston Police Department. Prosecution is assigned to United States Attorney Michelle Olshefski.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal enforcement and the local community to develop effective, locally-based strategies to reduce crime.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin and fentanyl. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines. In this case, the maximum penalty under the federal statute for drug distribution resulting in death is life imprisonment and $1,000,000 fine.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Little Rock ATF Recognized for Federal Gun InvestigationsRead the Press Release
LITTLE ROCK—An increase in federal gun prosecutions resulted in an award for the Little Rock Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Cody Hiland, United States Attorney for the Eastern District of Arkansas, recognized the Little Rock ATF office on June 4, 2019, for its efforts during an award presentation, at which time Hiland thanked the office for its assistance in prosecuting the largest increase in Project Safe Neighborhood (PSN) cases of any U.S. Attorney’s office in the nation.
ATF leaders including Acting Resident Agent in Charge Stephen Bridgmon, Acting Special Agent in Charge Kristen deTineo, and Assistant Special Agent in Charge Will McCrary were present to receive special recognition from the U.S. Attorney’s Office. According to a plaque presented at the ceremony, the Little Rock ATF Field Office was recognized “in appreciation for their outstanding assistance to the United States Attorney’s Office in the investigation and prosecution of the greatest increase of PSN cases for a district in fiscal year 2018.”
“ATF in Little Rock has done an outstanding job of making our communities safer,” stated U.S. Attorney Hiland. “Investigating and prosecuting felons with guns is a top priority, and we could not successfully remove these criminals from our streets without the historic, tireless work of the ATF agents who are willing to go the extra mile.”
In 2018, the U.S. Attorney’s Office for the Eastern District of Arkansas prosecuted 83% more cases than in 2017, the largest increase in the nation. Many of these new cases were gun cases prosecuted in partnership with the ATF. The U.S. Attorney’s Office opened 290 ATF cases, and 167 of those resulted in an indictment. Through May 2019, the U.S. Attorney’s Office has indicted 63 ATF cases. Because many cases include multiple defendants, a total of 83 defendants have been indicted as part of ATF prosecutions so far in 2019.
“ATF’s top priorities are to protect the public and remove violent criminals from our streets,” Acting Special Agent in Charge deTineo said. “Initiatives such as Project Safe Neighborhood demonstrate ATF and its federal, state and local law enforcement partners’ commitment to pursuing and bringing to justice those that seek to disrupt communities and harm law abiding citizens. Our agents and task force officers are well deserving of recognition for their dedication to this endeavor.”
Prosecutions resulting from ATF investigations are part of Project Safe Neighborhood, a nationwide initiative that brings together federal, state, local and tribal law enforcement officials, prosecutors, and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available on-line at http://www.justice.gov/edarTwitter: @EDARNEWS
LRGP Member Pleads Guilty to Drug Conspiracy, Admits Murdering Man He Thought Was A Rival Gang MemberRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Matthew Johnson, 28, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and distribute, 28 grams or more of crack cocaine. The charge carries a maximum penalty of 25 years behind bars and a $5,000,000 fine.
Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that between late 2014 and May 2015, the defendant, along with several other members and associates of the L.R.G.P. Gang, sold and distributed crack cocaine in the areas of Lombard, Rother, Gibson, and Playter Streets in Buffalo. Johnson also sold cocaine out of 41 Houghton Street in Buffalo to various drug customers, including an undercover police officer.
As part of his plea, the defendant admitted to killing Terrell Taylor on December 14, 2014, as he was walking in the area of Brinkman Avenue and Rohe Street in Buffalo. Johnson mistakenly believed that Taylor was a member of a rival gang, when in fact he was not.
The plea is the result of an investigation by the Federal Bureau of Investigation Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing is scheduled for September 19, 2019, at 2:00 p.m. before Judge Geraci.
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Justice Department Settles Claim Against Florida Strawberry Farm for Discriminating Against U.S. WorkersRead the Press Release
The Department of Justice today announced that it has reached a settlement agreement with Sam Williamson Farms Inc. (SWF), a strawberry farm in Dover, Florida. The settlement resolves the Department’s investigation into whether SWF violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by preferring to hire H-2A visa holders to harvest its strawberry crop instead of U.S. workers. This is the seventh settlement under the Civil Rights Division’s Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement actions against companies that discriminate against U.S. workers in favor of temporary visa workers.
The Department of Justice’s independent investigation concluded that at the end of the 2016-2017 strawberry picking season, SWF informed its existing U.S. workers that it would rely instead on H-2A workers from a farm labor contractor to harvest its strawberries for the next season, and retained a farm labor contractor for the express purpose of obtaining workers with H-2A visas. Ultimately, the strawberry picking positions were filled by more than 300 H-2A workers and no U.S. workers. Refusing to recruit or hire available and qualified U.S. workers because of their citizenship status violates the INA.
“While H-2A workers can provide employers with necessary labor when there are insufficient numbers of interested U.S. workers, employers cannot deter or overlook qualified and available U.S. workers based on their citizenship status. This agreement reflects the Civil Rights Division’s continued commitment to protecting U.S. workers from discrimination,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division.
Under the settlement, SWF will pay $60,000 in civil penalties to the United States, pay up to $85,000 in back pay to eligible U.S. workers, and conduct enhanced U.S. worker recruitment and advertising for future positions. The settlement also requires SWF to train employees on the requirements of the INA’s anti-discrimination provision and be subject to departmental monitoring and reporting requirements.
Under the Protecting U.S. Workers Initiative, the Civil Rights Division has opened dozens of investigations, filed one lawsuit, and reached settlement agreements with seven employers. Since the Initiative’s inception, employers have agreed to pay or have distributed a combined total of more than $1.1 million in back pay to affected U.S. workers and civil penalties to the United States. The Division has also increased its collaboration with other federal agencies to combat discrimination and abuse by employers using temporary visa workers.
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits discrimination based on citizenship status and national origin in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.
More information on how employers can avoid citizenship status discrimination is available here. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
Justice Department Files Sexual Harassment Lawsuit against Owner and Manager of Rental Properties in Spring ValleyRead the Press Release
NEWS RELEASE SUMMARY – June 11, 2019
SAN DIEGO – The Department of Justice today announced that it has filed a lawsuit alleging that Larry Nelson, owner and manager of residential housing in Spring Valley, violated the Fair Housing Act by subjecting female tenants of his properties to sexual harassment and retaliation.
The lawsuit, filed in the U.S. District Court for the Southern District of California, alleges that Nelson engaged in sexual harassment and retaliation of female tenants from at least 2005 to the present, by, among other things, engaging in unwelcome sexual touching, offering to reduce monthly rental payments in exchange for sex, making unwelcome sexual comments and advances, making intrusive and unannounced visits to female tenants’ homes to further his sexual advances, and evicting or threatening to evict female tenants who objected or refused his sexual advances.
“The Fair Housing Act prohibits sexual harassment and retaliation in housing,” said Assistant Attorney General Eric Dreiband. “Any landlord who sexually harasses his tenants or retaliates against them for refusing sexual advances, destroys their housing security and risks families’ ability to keep a roof over their heads. Anyone who engages in this kind of disgusting and illegal conduct should be on notice: the Department of Justice will be coming for you.”
“Let this be a wake-up call for abusive landlords,” said U.S. Attorney Robert Brewer. “Holding a key to someone’s property is not a license to exploit them for sex. The Department of Justice is going to make sure a tenant’s home is a place of safety, not suffering.”
In October 2017, the Department of Justice launched an initiative to combat sexual harassment in housing. In April 2018, the Department announced the nationwide rollout of the initiative, including three major components: A new joint Task Force with HUD to combat sexual harassment in housing, an outreach toolkit to leverage the Department’s nationwide network of U.S. Attorney’s Offices, and a public awareness campaign, including the release of a national Public Service Announcement. Since launching the initiative, the Department of Justice has filed 10 lawsuits alleging a pattern or practice of sexual harassment in housing.
Today’s lawsuit seeks monetary damages to compensate the victims, a civil penalty to vindicate the public interest, and a court order barring future discrimination and harassment. The complaint contains allegations of unlawful conduct; the allegations must be proven in federal court.
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings owned or managed by Larry Nelson, or who have other information that may be relevant to this case, can contact the Housing Discrimination Tip Line, at 1-800-896-7743, and select mailbox 9991 to leave a message.
Individuals can also report sexual harassment and other forms of housing discrimination by e-mailing the Justice Department at [email protected].
Click here for complaint###
Justice Department Files Sexual Harassment Lawsuit Against Owner and Manager of Rental Properties in San Diego, California, AreaRead the Press Release
The Department of Justice today announced that it has filed a lawsuit alleging that Larry Nelson, owner and manager of residential housing in Spring Valley, California, violated the Fair Housing Act by subjecting female tenants of his properties to sexual harassment and retaliation.
The lawsuit, filed in the U.S. District Court for the Southern District of California, alleges that Nelson engaged in sexual harassment of and retaliation against female tenants from at least 2005 to the present, by, among other things, engaging in unwelcome sexual touching, offering to reduce monthly rental payments in exchange for sex, making unwelcome sexual comments and advances, making intrusive and unannounced visits to female tenants’ homes to further his sexual advances, and evicting or threatening to evict female tenants who objected or refused his sexual advances.
“The Fair Housing Act prohibits sexual harassment and retaliation in housing,” said Assistant Attorney General Eric Dreiband. “Any landlord who sexually harasses his tenants or retaliates against them for refusing sexual advances, destroys their housing security and risks families’ ability to keep a roof over their heads. Anyone who engages in this kind of disgusting and illegal conduct should be on notice: the Department of Justice will be coming for you.”
“Let this be a wake-up call for abusive landlords,” said U.S. Attorney Robert Brewer. “Holding a key to someone’s property is not a license to exploit them for sex. The Department of Justice is going to make sure a tenant’s home is a place of safety, not suffering.”
In October 2017, the Department of Justice launched an initiative to combat sexual harassment in housing. In April 2018, the Department announced the nationwide rollout of the initiative, including three major components: an outreach toolkit to leverage the Department’s nationwide network of U.S. Attorney’s Offices, a public awareness campaign, including the release of a national Public Service Announcement and a new joint Task Force with HUD to combat sexual harassment in housing. Since launching the initiative, the Department of Justice has filed ten lawsuits alleging a pattern or practice of sexual harassment in housing.
Today’s lawsuit seeks monetary damages to compensate the victims, a civil penalty to vindicate the public interest, and a court order barring future discrimination and harassment. The complaint contains allegations of unlawful conduct; the allegations must be proven in federal court.
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings owned or managed by Larry Nelson, or who have other information that may be relevant to this case, can contact the Housing Discrimination Tip Line, at 1-800-896-7743, and select mailbox 9991 to leave a message.
Individuals can also report sexual harassment and other forms of housing discrimination by e-mailing the Justice Department at [email protected].
Jury Convicts KC Man of Illegal Firearm, Meth PossessionRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man was convicted at trial today of illegally possessing a firearm and of possessing methamphetamine.
Clarence Brooks, 51, was found guilty of being a felon in possession of a firearm, possessing methamphetamine, and carrying a firearm during and in relation to a drug-trafficking offense.
Evidence introduced during the trial indicated that Brooks was in possession of 26.55 grams of methamphetamine and a loaded J.A. .380-caliber semi-automatic pistol on Feb. 3, 2017. On that date, Kansas City police officers pulled over a vehicle in which Brooks was a passenger after being notified that the vehicle had been stolen. When the vehicle stopped on the ramp from Prospect Avenue onto Interstate 70, officers ordered Brooks to get out of the vehicle and lie down on the ground. The driver of the vehicle then sped away; officers did not follow the vehicle.
As Brooks was being taken into custody, officers found the pistol in his right jacket pocket and a clear plastic baggie that contained methamphetamine in the left jacket pocket.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Brooks has a prior state felony conviction for burglary and a prior federal felony conviction for conspiracy to possess with the intent to distribute 50 grams or more of cocaine, five kilograms or more of PCP, and one kilogram or more of marijuana. Following federal incarceration, Brooks violated the terms of his supervised release by possessing a firearm and was sentenced to two years in federal prison. He violated the terms of his supervised release again and was sentenced to another year and a day in federal prison.
Under federal statutes, Brooks is subject to a mandatory minimum sentence of five years in federal prison without parole, up to life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for approximately two hours before returning the guilty verdicts to U.S. District Judge Brian C. Wimes, ending a trial that began Monday, June 10, 2019.
This case is being prosecuted by Assistant U.S. Attorneys Jeffrey Q. McCarther and Matthew A. Blackwood. It was investigated by the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.Judge Sentences Pittsburgh Man to 10 Years in Federal Prison for Distributing Drugs that Caused a DeathRead the Press Release
PITTSBURGH, PA – Larry Malloy was sentenced to 10 years (120 months) in federal prison for distributing Schedule I and Schedule II controlled substances, including heroin and fentanyl, that led to the death of T.C. in April 2016, United States Attorney Scott W. Brady announced today.
Malloy, age 26 of Pittsburgh, was sentenced by United States District Judge Mark R. Hornak. Judge Hornak also ordered Malloy to serve three years of supervised release following his prison sentence. Malloy previously pled guilty and accepted responsibility for causing the fatal overdose death of T.C. in April 2016 and acknowledged being responsible for the distribution of at least 100 grams of heroin and at least four grams of fentanyl. As part of the sentence, Judge Hornak directed Malloy to pay $7,917.00 in restitution to T.C.’s family.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The Allegheny County Police Department, the Verona Police Department, the Pennsylvania Attorney General’s Office, and the Allegheny County Medical Examiner’s Office conducted the investigation leading to the conviction and sentence in this case.
Johnstown Felon Charged with Having a Firearm and Ammunition in Violation of Federal LawRead the Press Release
PITTSBURGH, PA - One resident of Johnstown, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
The one-count Superseding Indictment named Sean Zachary Horton, age 29, of 301 Washington St., Johnstown, PA, as the sole defendant.
According to the Superseding Indictment, on June 7, 2018, Horton was in possession of a firearm and ammunition while having been previously convicted of felonies.
The law provides for a maximum total sentence of not more than 10 years in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Special Assistant United States Attorney Chad R. Parks is prosecuting this case on behalf of the government.
The Pennsylvania State Police conducted the investigation leading to the Superseding Indictment in this case. This case was brought as part of Project Safe Neighborhoods. 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.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.