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4 June 2019
Baltimore man admits to firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Cordario Artez Crowder, of Baltimore, Maryland, has admitted to a firearms charge, United States Attorney Bill Powell announced.
Crowder, also known as “Tony,” age 27, pled guilty to one count of “Conspiracy to Commit False Statement During the Purchase of a Firearm.” Crowder admitted to conspiring with another, asking him to make a false statement to purchase a 9mm pistol for Crowder, who was previously convicted of a felony and prohibited from purchasing or having a firearm. The crime took place in October 2018 in Mineral County.
Crowder faces up to five years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods 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.
Assistant U.S. Attorney Kimberley D. Crockett is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Armed Robber Sentenced to 7 YearsRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Johnell L. Britt, 20, Madison, Wisconsin, was sentenced today by U.S. District Judge William M. Conley to seven years in federal prison, for robbing a Subway restaurant in Madison while armed with a handgun. Britt pleaded guilty to this charge on March 12, 2019, and his co-defendant, Lamontay Rivera, 21, also of Madison, pleaded guilty on March 15, 2019.
Britt and Rivera committed the robbery on August 20, 2018. They were identified as the armed robbers from surveillance cameras, physical evidence subsequently seized from their vehicle, and DNA evidence. Britt has a prior conviction for attempted armed robbery where an individual was shot multiple times.
Rivera does not have a sentencing date scheduled.
This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach involves collaboration by federal, state and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence.
The charges against Britt and Rivera were the result of an investigation conducted by the Madison Police Department. The prosecution of the case has been handled by Assistant U.S. Attorney Rita M. Rumbelow.
Akron man indicted for having a firearm while trafficking carfentanil, fentanyl and methamphetamineRead the Press Release
An Akron man was indicted for having a firearm while trafficking carfentanil, fentanyl and methamphetamine.
Dorian McGhee, 29, was indicted on one count of possession of firearms in furtherance of drug trafficking, one count of possession with intent to distribute fentanyl and carfentanil, and one count of possession with intent distribute methamphetamine.
McGhee possessed the drugs on April 17, 2019, as well as two 9 mm handguns, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation was conducted by members of the Akron Police Department Narcotics Unit, the Akron Police Department SWAT Unit and the Federal Bureau of Investigation. It is being prosecuted by Assistant U.S. Attorney Christopher J. Joyce.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
3 June 2019
“Southside” Gang Leader Pleads Guilty to Murdering Newburgh Man During A Card Game in Connection with Racketeering ConspiracyRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that SKYLAR DAVIS, a/k/a “S-Dot,” pled guilty today to involvement in a racketeering conspiracy in connection with his membership in “Southside,” a violent street gang that operated in the City of Newburgh, New York. DAVIS pled guilty before U.S. District Judge Cathy Seibel to murdering Newburgh community member Samuel Stubbs during a robbery as Stubbs was playing cards on the sidewalk in front of a laundromat on Lander Street in Newburgh. The two other men Stubbs was playing with were shot and wounded in the gunfire.
As part of his guilty plea, DAVIS also admitted to committing or helping to commit an additional six nonfatal shootings of Southside’s gang rivals in Newburgh over an approximately nine-month period in 2015 and 2016.
U.S. Attorney Berman said: “Skylar Davis’s string of shootings terrorized the residents of Newburgh for far too long, and his cold-blooded actions tragically caused the death of Sammy Stubbs, a longtime Newburgh resident who was just playing a neighborhood card game. Davis now rightfully faces decades in jail for his crimes.”
According to the Indictment and other documents filed in the case, as well as statements made during the plea proceedings:
From at least 2014 through June 2017, the Southside gang was a criminal enterprise centered in and around the intersection of South Street and Chambers Street in an area of Newburgh known as the “Southside.” In order to gain funds for the gang, protect the gang’s territory, and promote the gang’s standing, members of Southside engaged in, among other things, narcotics trafficking, robbery, and acts involving murder. To that end, Southside members sold heroin, crack cocaine, and marijuana in the gang’s territory, promoted their gang affiliation on social media sites such as Facebook, possessed firearms, and engaged in shootings as part of their gang membership.
DAVIS was a longtime member of Southside and one of the gang’s leaders. On August 13, 2015, DAVIS, along with others, decided to rob a high-stakes card game that Stubbs was playing, outdoors, near the intersection of Lander and Courtney Streets in Newburgh. DAVIS and a co-conspirator approached the three card players with guns drawn and then started firing. All three men were hit by the ensuing gunfire, and Stubbs, 67, died of his injuries.
The Stubbs murder was just one of many acts of violence DAVIS participated in as part of his leadership of the Southside gang. Beginning in the summer of 2015, Southside engaged in a series of retaliatory shootings with its primary rival gang in Newburgh, the Yellow Tape Money Gang, or “YTMG,” and with other Newburgh gangs allied with YTMG. As part of the plea entered today, DAVIS admitted to committing, assisting, and/or causing the following additional Newburgh shootings:
- The attempted murder of rival gang member Gabriel Warren, a/k/a “Stacks,” in the late summer or early fall of 2015;
- The attempted murder of rival gang member Armad Evans, a/k/a “Yellow,” on or about October 5, 2015;
- The attempted murder of rival gang member Tyrin Gayle, a/k/a “Spazzo,” and other YTMG members on or about December 11, 2015;
- The attempted murder of rival YTMG gang members on or about March 17, 2016;
- Aiding and abetting the attempted murder of rival gang member Romeo Herring on or about April 3, 2016; and
- The attempted murder of rival gang members in the vicinity of the 845 Lounge located at 778 Broadway on or about May 21, 2016.
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DAVIS, 22, of Newburgh, New York, was arrested in June 2017 as a result of a multi-year investigation by the FBI’s Hudson Valley Safe Streets Task Force and the City of Newburgh Police Department into gang violence in Newburgh. DAVIS was previously serving a 16-year sentence for New York State weapon and controlled substance offenses. On June 14, 2017, Indictment 17 Cr. 364 (CS) was unsealed, charging 20 members and associates of Southside with racketeering conspiracy, narcotics conspiracy, and firearms charges. Superseding Indictment S1 17 Cr. 364 (CS), unsealed in January of 2018, charged DAVIS and three other Southside members with committing two separate murders as part of their involvement in Southside, including the murder of Stubbs.
DAVIS faces a maximum term of life in prison and a mandatory minimum prison term of 25 years. He will be sentenced before Judge Seibel later this year.
Mr. Berman praised the outstanding investigative work of the FBI, the Bureau of Alcohol, Firearms, Tobacco, and Explosives, and the City of Newburgh Police Department. Mr. Berman thanked the Orange County District Attorney’s Office for its invaluable ongoing assistance in the case. Mr. Berman also thanked the Town of Newburgh Police Department, the New York State Police, the Orange County Sheriff’s Department, the Town of New Windsor Police Department, and the New York Department of Corrections and Community Supervision for their assistance in the case.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Jacqueline Kelly, Allison Nichols, Maurene Comey, and Samuel Raymond are in charge of the prosecution.
Worcester Man Pleads Guilty to Fentanyl and Heroin ChargesRead the Press Release
BOSTON – A Worcester man pleaded guilty today in connection with drug trafficking charges.
Freiber Betancourth, 30, pleaded guilty to one count of conspiring to distribute fentanyl and heroin and one count of distributing fentanyl and heroin. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Aug. 29, 2019.
Betancourth worked for a Massachusetts Department of Transportation / EZ Pass contractor in Auburn, Mass. Between June and September 2018, Betancourth distributed heroin and fentanyl on multiple occasions, including in the parking lot outside of his workplace. In addition, he stored drugs in his office. Betancourth obtained these drugs from Albeiro Gomez, sold the drugs to a particular customer, and then provided most of the cash proceeds to Gomez.
Gomez, 48, of Worcester, was indicted on May 16, 2019, on charges of distribution of heroin and fentanyl.
Betancourth faces a minimum sentence of five years and no greater than 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of $5 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. The Massachusetts Attorney General’s Office and the Massachusetts State Police provided assistance with the investigation. Assistant U.S. Attorneys Bill Abely and John Mulcahy of Lelling’s Criminal Division are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Wichita Police Joining Public Safety Partnership to Fight Rise in Violent Crime RatesRead the Press Release
WICHITA, KAN. – With Wichita’s violent crime rate significantly above the national average, U.S. Attorney Stephen McAllister announced today that the Wichita Police Department has been approved to receive special training and technical assistance from the National Public Safety Partnership.
Wichita and nine other jurisdictions are joining the partnership, which gives them access at no cost to specialized law enforcement expertise with dedicated prosecutorial resources to fight their violent crime problems.
“This program, along with Project Safe Neighborhoods, will broaden our partnership with the Wichita Police Department,” McAllister said. “We’re putting federal prosecutors on the same team with Wichita police officers.”
Over the past three years, Wichita has experienced an increase in violent crime, according to Wichita police officials. Shootings have been steadily increasing since 2014. From 2016 to 2018, the city saw a 31 percent increase in shootings.
Deputy Chief Jose Salcido cited domestic violence and methamphetamine trafficking as factors contributing to the city’s increase in violent crime. He said federal assistance will “help us dig into our own data” to devise effective strategies for reversing the trends.
“The Public Safety Partnership is a successful program that directs federal law enforcement resources to the cities where they can have the greatest impact,” Attorney General William P. Barr said. “These resources help police departments to diagnose where crime is highest—and why—and to find, arrest and prosecute criminals. Several participating cities have already seen dramatic reductions in violent crime over the past two years. As we expand this program to 10 more cities across America, we are determined to replicate that success.”
The program is a three-year commitment from the Justice Department to deliver assistance. It is not a grant program. Participating law enforcement agencies do not receive direct funding.
The 10 sites announced today are as follows:
- Anniston, Alabama
- Oxford, Alabama
- Anchorage, Alaska
- Davenport, Iowa
- Wichita, Kansas
- Baton Rouge, Louisiana
- Baltimore, Maryland
- Cleveland, Ohio
- Amarillo, Texas
- Harris County, Texas
More than 30 cities have participated in PSP. The primary participating Justice Department components include the Office of Justice Programs, Office on Violence Against Women, Office of Community Oriented Policing Services, Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI, U.S. Drug Enforcement Administration and U.S. Marshals Service.
More information about PSP can be found at: https://www.nationalpublicsafetypartnership.org
West Chester Man Sentenced to 15 Years for Role in Ohio Drug Ring that Sent Proceeds to MexicoRead the Press Release
DAYTON – A man helping orchestrate a methamphetamine, fentanyl and heroin trafficking conspiracy was sentenced in U.S. District Court today to 180 months in prison.
A federal indictment unsealed in July 2018 charged Salvador Ramirez, 24, of West Chester, along with six other people with engaging in a drug trafficking conspiracy in the Miami Valley and across southern and central Ohio.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio and Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration (DEA), announced the sentence imposed today by U.S. District Judge Walter H Rice.
Ramirez, also known as “Listo,” personally oversaw the distribution of hundreds of thousands of dollars of methamphetamine, fentanyl and heroin in Ohio. Ramirez would periodically travel to the western United States to obtain kilogram quantities of narcotics and distribute the drugs to local dealers in Ohio.
He did this on behalf of Eduardo Bonilla, who operated an international drug ring from his Ohio state prison cell from 2015 until June 2018 while serving a life sentence for murder.
Bonilla initially relied on former fellow inmates to run his operation outside of prison and send the proceeds to Mexico. State and federal authorities investigated and prosecuted those individuals, and Bonilla began conducting his illicit business through Ramirez.
The others charged in this case include:
- Tamara McQueen, 21, Hamilton
- Luiz Roberto Diaz-Magana, 29, Queretaro, Mexico
- Jesus Garcia, aka Jesse Garcia, 49, West Chester
- Joshua L. Leach, 34, Plain City Plain City
- Brandi Danyell Loy, aka Brandi Richey, 34, Plain City
- Takeea Trammell, 41, Dayton
The defendants are charged with manufacturing and distributing methamphetamine and money laundering.
In total, this and related cases included charges against 14 individuals and the seizure of more than 140 pounds of meth, seven kilograms of fentanyl, two kilograms of heroin and more than $130,000 in cash.
Glassman commended the investigation of the DEA and task force agencies, as well as Assistant U.S. Attorney Brent G. Tabacchi, who represented the United States in this case.
Task force agencies who investigated the cases include the Ohio State Highway Patrol, the Warren County Sheriff’s Office and the police departments in Monroe and Middletown.
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Warren Man Pleads Guilty to Enticing a Minor, Possessing and Distributing Child PornographyRead the Press Release
PROVIDENCE, RI – A Warren man is facing 10 years to life in federal prison after admitting to charges that he enticed a minor to engage in illicit sexual activity and that he possessed and distributed child pornography, announced United States Attorney Aaron L. Weisman, Superintendent of the Rhode Island State Police Colonel James M. Manni, and Homeland Security Investigations Special Agent in Charge Peter C. Fitzhugh.
At the time of his guilty plea to charges of using means of interstate commerce to entice a minor to engage in illicit sexual activity, distribution of child pornography, and possession of child pornography, Christopher Kinney, 44, admitted that beginning on April 16, 2018, he had a series of online communications with a person unknown to him, whom he believed to be a 14-year-old girl. In communications that rapidly became sexually explicit, Kinney expressed an interest in meeting the teenager at the Warwick Mall, dressing her in a diaper, walking her around the mall, and then engaging in sexual activity with her in the mall or elsewhere. He arranged to meet with the teenager at the mall food court on April 26, 2018. The person he was actually communicating with was a Rhode Island State Police Detective assigned to the Internet Crimes Against Children (ICAC) Task Force.
On April 26, 2018, members of the ICAC Task Force surveilled the mall and apprehended Kinney as he arrived at the mall food court. A search of Kenney’s car resulted in the discovery of, among other items, a diaper bag containing several diapers, a pacifier and baby bottle, condoms, candy, and a canister of children’s bubble fluid. Seized from Kinney’s pocket was an Apple iPhone, on which investigators later identified approximately 56 images of child pornography and evidence that on numerous occasions he electronically received and shared files of child pornography and images of children being harshly punished and/or beaten.
Kinney, who pleaded guilty on May 30, 2019, is scheduled to be sentenced by U.S. District Court Chief Judge William E. Smith on September 13, 2019. At sentencing, Kinney faces statutory penalties of 10 years to life imprisonment, a mandatory assessment of $5,000 as provided for in the Justice for Victims Trafficking Act, and a fine of up to $250,000 on the charge of using means of interstate commerce to entice a minor to engage in illicit sexual activity; 5–20 years imprisonment, a mandatory assessment of $5,000 as provided for in the Justice for Victims Trafficking Act, and a fine of up to $250,000 on the charge of distribution of child pornography; and up to 10 years imprisonment, a mandatory assessment of $5,000 as provided for in the Justice for Victims Trafficking Act, and a fine of up to $250,000 on the charge of possession of child pornography.
Kinney is scheduled to be sentenced on September 13, 2019. He also faces child molestation charges in Rhode Island state court.
The case is being prosecuted by Assistant U.S. Attorney Ronald R. Gendron.
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Warren Man Pleads Guilty to Enticing a Minor, Possessing and Distributing Child PornographyRead the Press Release
PROVIDENCE, RI – A Warren man is facing 10 years to life in federal prison after admitting to charges that he enticed a minor to engage in illicit sexual activity and that he possessed and distributed child pornography, announced United States Attorney Aaron L. Weisman, Superintendent of the Rhode Island State Police Colonel James M. Manni, and Homeland Security Investigations Special Agent in Charge Peter C. Fitzhugh.
At the time of his guilty plea to charges of using means of interstate commerce to entice a minor to engage in illicit sexual activity, distribution of child pornography, and possession of child pornography, Christopher Kinney, 44, admitted that beginning on April 16, 2018, he had a series of online communications with a person unknown to him, whom he believed to be a 14-year-old girl. In communications that rapidly became sexually explicit, Kinney expressed an interest in meeting the teenager at the Warwick Mall, dressing her in a diaper, walking her around the mall, and then engaging in sexual activity with her in the mall or elsewhere. He arranged to meet with the teenager at the mall food court on April 26, 2018. The person he was actually communicating with was a Rhode Island State Police Detective assigned to the Internet Crimes Against Children (ICAC) Task Force.
On April 26, 2018, members of the ICAC Task Force surveilled the mall and apprehended Kinney as he arrived at the mall food court. A search of Kenney’s car resulted in the discovery of, among other items, a diaper bag containing several diapers, a pacifier and baby bottle, condoms, candy, and a canister of children’s bubble fluid. Seized from Kinney’s pocket was an Apple iPhone, on which investigators later identified approximately 56 images of child pornography and evidence that on numerous occasions he electronically received and shared files of child pornography and images of children being harshly punished and/or beaten.
Kinney, who pleaded guilty on May 30, 2019, is scheduled to be sentenced by U.S. District Court Chief Judge William E. Smith on September 13, 2019. At sentencing, Kinney faces statutory penalties of 10 years to life imprisonment, a mandatory assessment of $5,000 as provided for in the Justice for Victims Trafficking Act, and a fine of up to $250,000 on the charge of using means of interstate commerce to entice a minor to engage in illicit sexual activity; 5–20 years imprisonment, a mandatory assessment of $5,000 as provided for in the Justice for Victims Trafficking Act, and a fine of up to $250,000 on the charge of distribution of child pornography; and up to 10 years imprisonment, a mandatory assessment of $5,000 as provided for in the Justice for Victims Trafficking Act, and a fine of up to $250,000 on the charge of possession of child pornography.
Kinney is scheduled to be sentenced on September 13, 2019. He also faces child molestation charges in Rhode Island state court.
The case is being prosecuted by Assistant U.S. Attorney Ronald R. Gendron.
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Virgin Islands’ Resident Charged in Federal Court with Possessing a Glock Machine GunRead the Press Release
St. Thomas, USVI – Karime Williams, 36, appeared today before U.S. Magistrate Judge Ruth Miller for a preliminary and detention hearing after his arrest on May 30, 2019, by the Bureau of Alcohol Tobacco Firearms and Explosives, United States Attorney Gretchen C.F. Shappert announced. At the conclusion of the hearing, Magistrate Miller ordered Williams detained pending trial.
According to court records, on May 11, 2019, Virgin Islands Police Department officers operating in the vicinity of the Cyril E. King Airport observed a vehicle traveling west on the airport road with neither a front license plate nor headlights. Officers stopped the vehicle and ordered the two occupants to exit the vehicle. While conducting a pat-down for officer safety, the officers discovered a firearm tucked into the defendant’s waistband. The firearm was a Glock Model 23 pistol equipped with a "Glock Switch" which converted the handgun into an automatic weapon. VIPD officers later determined that the defendant had two prior felony convictions for drug trafficking and unauthorized weapons possession.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Virgin Islands Police Department. It is being prosecuted by Assistant United States Attorney Everard E. Potter.
United States Attorney Shappert reminds the public that a complaint is merely a formal charging document, and it is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty beyond a reasonable doubt in a court of law.
Unprecedented Federal, State and Local Strike Force Launches Crackdown on Tallahassee Gun ViolenceRead the Press Release
TALLAHASSEE – In an effort to curb growing local gun violence, largely fueled by stolen guns and illegal drug activity, Leon County Sheriff Walt McNeil and Lawrence Keefe, United States Attorney for the Northern District of Florida, today announced an unprecedented commitment of federal, state and local resources to get wanted criminals off the streets and illegal guns and drugs out of their hands.
“This community is about to see an unprecedented show of force with a single focus – to make our neighborhoods safer by getting illegally possessed guns and drugs, as well as the criminals who use them off our streets,” Sheriff McNeil said.
As part of the sheriff’s “ALL in LEON” initiative, U.S. Attorney Keefe announced a coordinated effort among federal agencies – including the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Drug Enforcement Administration (DEA), and the U.S. Attorney’s Office, as well as the Office of the State Attorney, 2nd Judicial Court and Florida Department of Law Enforcement (FDLE)– to actively collaborate with local law enforcement to put gun criminals away for a long time.
“The considerable tools, resources and expertise of the appropriate federal law enforcement agencies will coordinate with and complement local law enforcement to help this community stem the rising flood of gun violence,” Keefe said. “Criminals be warned: If you commit a crime with a gun, these federal agencies are coming for you, and you’ll be put away in the federal prison system far from Tallahassee for as long as possible.”
It is a federal crime to use a gun in the commission of a drug trafficking or violent crime or for a convicted felon to possess a gun. Those charged with such offenses are usually jailed pending trial, and if convicted are ineligible for probation and face possible mandatory minimum sentences. Under Florida’s 10-20-Life law, anyone who carries a firearm during the commission of a violent felony faces a mandatory minimum sentence of 10 years in prison. Anyone who shoots a firearm during a violent felony faces a mandatory minimum sentence of 20 years. Furthermore, anyone who shoots someone during a violent felony faces a mandatory minimum sentence of 25 years and may face life in prison without the possibility of parole.
“With the help of our federal partners, there is nowhere that these violent criminals can hide,” Sheriff McNeil said. “This is a long-term commitment, and the community will see the evidence of it at work very soon.”
McNeil said every resident of our community has a role to play in supporting this effort: If you have a tip about someone criminally possessing a gun or committing an offense with a gun, call Big Bend Crime Stoppers at 850-574-TIPS or go online at bbcsi.org. You can also contact ATF at 1-888-ATF-TIPS or text ATFTAM to 63975.
If you own a gun legally, keep it securely locked up, and don’t store it in a vehicle. LCSO says last month alone, 12 guns were stolen from vehicles during car break-ins worked by the agency. “Stolen guns often end up used in the commission of crimes.” McNeil said.
This historic strike force operation follows a spate of gun violence incidents, including one over the recent Memorial Day weekend. Along with the law enforcement and prosecutorial activity, “ALLin LEON” has engaged community volunteers to regularly take at-risk youth to places of worship, activated Neighborhood Crime Watch programs and conducted other activities to target neighborhoods that are perennial hotspots for violence. The effort also aims to help connect individuals who are reentering the community from incarceration with education, job skills and substance abuse treatment.
“The dignity of our neighbors and neighborhoods are at stake with the drug activity that leads to gun violence,” said Southside resident and advocate Christic Henry. “As we meet the needs and give opportunities to those looking to break the cycle of poverty, we must balance that effort with respect and enforcement of the law.”
United States, State of Washington, and the Suquamish and Tulalip Tribes Announce Major Settlement Addressing Natural Resource Damages at Port Gardner Bay Area, WashingtonRead the Press Release
Today, the U.S. Department of Justice, the Department of the Interior (DOI), the National Oceanic and Atmospheric Administration (NOAA), the State of Washington, the Suquamish Tribe, and the Tulalip Tribes (collectively, “the Port Gardner Bay Trustees” aka “the Trustees”), announced that they have reached a settlement with the Port of Everett (the Port) related to contamination of the Port Gardner Bay Area in Everett, Washington. The settlement is intended to resolve claims brought under the Clean Water Act (CWA), the Oil Pollution Act (OPA), and the Washington Model Toxics Control Act (MTCA), for damages to natural resources stemming from the release of oil and other hazardous substances in Port Gardner Bay. The settlement will also address potential liability of the U.S. Navy for natural resource damages.
In April 2018, three other identified potentially responsible parties (PRPs) entered into a consent decree to resolve the full amount of their liability for natural resource damages in the Port Gardner Bay Area, through cash-out payments totaling over $3.9 million. Today’s settlement, if approved by the court, will resolve the liability of the remaining identified PRPs — the Port and the Navy.
As part of the proposed settlement, the Port is required to construct the Blue Heron Slough Restoration Project (the BHS Project), in accordance with a final design plan approved by the Trustees, and maintain the project in perpetuity. The BHS Project will restore 338 acres of intertidal estuarine and upland habitats along Interstate I-5 in the lower Snohomish River estuary, reconnecting these habitats to the Snohomish River watershed and Puget Sound, and preserving open space. The restoration of this habitat will be beneficial to a multitude of native fish, wildlife, and other natural resources. The Port will operate the Project as a “bank” for conservation credits, and will resolve its liability by “retiring,” or setting aside, credits equivalent to approximately 35 acres of the Project.
The proposed settlement also states that the United States, on behalf of the Navy, will make a payment of $789,840 to be used towards construction of the BHS Project. In exchange for the payments from the Navy and the other three PRPs, the Port will set aside credits equivalent to approximately 36 additional acres of the project. As part of the proposed settlement, the Port and the Navy will also pay a proportionate share of the costs incurred by the Trustees in assessing natural resource damages in the Port Gardner Bay Area.
“The Department of Justice is confident that this voluntary settlement will be a significant win for the environment,” said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division. “The United States is looking forward to cooperating with the other Trustees and the Port to ensure that the vital habitats of the Port Gardner Bay Area can successfully recover.”
“The Department of the Interior worked together with all the trustees to come to a successful conclusion,” said Regional Director Robyn Thorson for the U.S. Fish & Wildlife Service’s Pacific Region. “We are excited to see the Blue Heron Slough Restoration Project come to life for the benefit of the public and all our shared trust resources."
“This settlement highlights the benefits of working cooperatively with industry, co-trustees and private partners to resolve natural resource liability at a contaminated site”, said Nicole LeBoeuf, Acting Assistant Administrator for NOAA's National Ocean Service. “This agreement will restore habitats critical for salmon and many other species of fish and wildlife, and benefit local communities and economies that depend on clean and robust fisheries.”
“This groundbreaking achievement is a win-win for the environment and local communities,” said Jim Pendowski, Toxics Cleanup Program Manager for the Washington Department of Ecology. “Restoring and protecting 338 acres of critical tidal habitats will help salmon thrive and the communities that rely on healthy fisheries.”
“This settlement will restore habitat that is critical to protecting and supporting treaty-reserved fisheries, which the Suquamish Tribe has relied upon since time immemorial,” said Leonard Forsman, Chairman of the Suquamish Tribe and President of the Affiliated Tribes of Northwest Indians. “The process that resulted in this agreement is a model for the sort of collaboration that can restore the health of Puget Sound. We look forward to continuing this work for the benefit of all of us who rely on the Salish Sea for economic and cultural sustenance.”
“Our ancestral waters, and the marine habitats vital to the natural and cultural resources of the Tulalip people, are in need of protection and restoration if they are to continue to support Salmon, Orcas, and shellfish,” said Teri Gobin, Chairwoman of the Tulalip Tribes. “The collaborative process of this settlement represents the best path forward for protecting our natural resources for future generations of the Salish Sea.”
According to documents filed with the court, the violations for which the Port is allegedly liable involved the unauthorized discharge of oil and other harmful compounds on properties now owned or operated by the Port. Investigations have detected hazardous substances in soils, groundwater and sediments on or in the Port’s properties. Alleged liability of the Navy is the result of past releases of harmful substances on land now owned or operated by the Navy.
The claims against the Port were brought under Section 311 of the CWA, Section 1002(b) of the OPA, and the MTCA. These statutes protect against the discharge of oil or hazardous substances into the waters and marine habitats of the United States and impose liability for damages to natural resources resulting from those discharges.
This settlement marks the close of a long-running matter by resolving the liability of the only remaining PRPs on terms which are acceptable to all parties. The settlement will yield the construction of a large-scale restoration project that will benefit a multitude of injured natural resources in the Port Gardner Bay Area, and it ensures that each PRP is proportionately responsible for the resolution of both the cost of damages to the area’s habitats and the assessment costs incurred by the Trustees.
The proposed settlement, which is subject to a 30-day public comment period, is available at: https://www.justice.gov/enrd/consent-decrees.
United States Reaches Settlement with Arlington Public Schools to Ensure Equal Opportunities for English Learner StudentsRead the Press Release
Today the Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of Virginia announced a settlement agreement with Arlington Public Schools that will bolster English language services to the district’s approximately 5,000 students who are not proficient in English. The agreement, which stems from the United States’ investigation under the Equal Educational Opportunities Act of 1974, will ensure that these English Learner students receive the services they need to succeed in the district’s educational programs.
Under the agreement, the district will:
- Properly identify and place English Learner students when they enroll in the district’s 34 schools, and communicate with parents about program offerings and other essential information in a language they understand;
- Provide English as a Second Language instruction to all English Learner students, including students with disabilities, so that they can become proficient in English;
- Adequately train middle school core content teachers of English Learner students so that these students can meaningfully access grade-level curricula;
- Train secondary school principals on how to evaluate teachers of English Learner students and support effective teaching strategies;
- Ensure that English Learner students are timely and appropriately evaluated for special education services; and
- Properly monitor and evaluate the effectiveness of its English Learner programs over time.
“We commend the Arlington Public Schools for working with the Department of Justice to achieve this promising and positive result for the school district’s English Learners,” said Assistant Attorney General Eric Dreiband. “For the students who will benefit from the agreement, learning English is key to unlocking educational opportunities. We look forward to continuing to work cooperatively with the Arlington Public Schools to implement this agreement.”
“This settlement ensures that English Learner students in Arlington Public Schools receive the services they need,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “My office is committed to protecting the rights of all students, including those fighting to learn the English language or overcome disabilities, to receive the education and support they need to reach their full potential. As someone who personally struggles with dyslexia, if it were not for the protections afforded by civil rights statutes, especially the landmark Americans with Disabilities Act (ADA), my own educational journey would have been nearly impossible. EDVA’s work under the EEOA, the ADA, and other laws protecting students is critically important and a top priority.”
The enforcement of the Equal Educational Opportunities Act is a top priority of the Department of Justice’s Civil Rights Division. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
United States Files False Claims Act Complaint Against South Carolina Chiropractor, Pain Management Clinics, Urine Drug Testing Laboratories, and Substance Abuse Counseling CenterRead the Press Release
The United States has filed a complaint under the False Claims Act against Daniel McCollum, a chiropractor based in Greenville, South Carolina, and pain management clinics and urine drug testing laboratories that McCollum owned or managed for engaging in illegal financial relationships and providing medically unnecessary services and items, including urine drug testing and steroid injections and prescriptions for opioids and lidocaine ointment, the Department of Justice announced today. The entities named as defendants in connection with McCollum’s schemes are FirstChoice Healthcare P.C.; Labsource LLC; Oaktree Medical Centre P.C.; Pain Management Associates of the Carolinas LLC; Pain Management Associates of North Carolina P.C.; and ProLab LLC. The United States’ complaint also names as a defendant ProCare Counseling Center LLC, a substance abuse counseling center located in Greenville, South Carolina, that the government contends referred medically unnecessary urine drug tests to ProLab, which it co-owned with McCollum.
“Individuals and entities that participate in federal health care programs must comply with the rules intended to safeguard the integrity of those programs,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “We will not tolerate practices such as the ordering of unnecessary items or services and providing illegal inducements to physicians that lead to excessive costs being imposed upon our nation’s health care programs.”
“The U.S. Attorney’s Office for the District of South Carolina will not tolerate health care fraud, which victimizes both patients and taxpayers,” said Sherri Lydon, United States Attorney for the District of South Carolina. “We are committed to protecting taxpayer dollars from fraudulent billing practices and to holding accountable those in the medical community who have fueled the opioid crisis through abusive prescribing habits. Through False Claims Act cases like this one, we will continue to bring these bad actors to justice.”
The United States’ complaint alleges that from at least Jan. 1, 2011 through Dec. 31, 2018, McCollum and his pain management clinics paid bonuses to physicians and other health care providers that included amounts based directly on their referrals of urine drug testing to McCollum’s laboratories, in violation of the Stark Law and the Anti-Kickback Statute. The United States also alleges that McCollum and Labsource violated the Anti-Kickback Statute by entering into “direct bill” agreements with physicians and other providers around the country that entitled those providers, after paying Labsource a set fee to run the test panels they ordered, to bill private insurance companies directly for those tests – and generally for much more than they had paid Labsource. The United States contends in its complaint that McCollum and Labsource offered providers the opportunity to profit in this manner to induce them to refer their tests for Medicare, Medicaid, and TRICARE patients to Labsource.
Congress passed the Stark Law and Anti-Kickback Statute to prevent financial incentives from improperly influencing medical decision-making, which can lead to excessive and unnecessary tests and services, as well as patient harm. Among other things, the Stark Law prohibits billing Medicare for laboratory testing services referred by a physician who stands to profit directly from those referrals. The Anti‑Kickback Statute, in relevant part, prohibits offering or paying anything of value to encourage the referral of items or services covered by federal health care programs, including laboratory testing services.
The United States’ complaint also alleges that McCollum and the other defendants, including ProCare, directed or encouraged providers to use “standing orders” of laboratory tests across all or most of their patients without regard for individual patient need – which caused Medicare, Medicaid, and TRICARE to pay for medically unnecessary tests. Finally, the complaint alleges that McCollum and his pain management clinics caused these federal health care programs to pay for excessive and unnecessary steroid injections and unnecessary prescriptions for opioids and lidocaine ointment.
The United States filed its complaint in three consolidated lawsuits pending in the United States District Court for the District of South Carolina under the qui tam, or whistleblower, provisions of the False Claims Act. Under the Act, a private citizen can sue on behalf of the government and share in any recovery. The United States also is entitled to intervene in the lawsuits, as it did in these cases on March 1.
This matter was investigated by the Commercial Litigation Branch of the Department of Justice’s Civil Division, the U.S. Attorney’s Office for the District of South Carolina, the FBI, the Department of Health and Human Service’s Office of Inspector General, the South Carolina Attorney General’s Office, and the Defense Criminal Investigative Service. The claims asserted in this action are allegations only, and there has been no determination of liability.
The consolidated civil cases are United States ex rel. Rauch, et al. v. Oaktree Medical Centre, P.C., et al., No. 6:15-cv-01589-DCC (D.S.C.); United States ex rel. Mathewson v. Dr. Daniel A. McCollum, et al., No. 6:17-CV-01190-DCC (D.S.C.); and United States ex rel. Hawkins v. Pain Management Associates of the Carolinas, LLC, et al., No. 8:18-cv-02952-DCC (D.S.C.).
U.S. Reaches Settlement with Arlington Public Schools to Ensure Equal Opportunities for English Learner StudentsRead the Press Release
ALEXANDRIA, Va. – Today the Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of Virginia announced a settlement agreement with Arlington Public Schools that will bolster English language services to the district’s approximately 5,000 students who are not proficient in English.
The agreement, which stems from the United States’ investigation under the Equal Educational Opportunities Act of 1974, will ensure that these English Learner students receive the services they need to succeed in the district’s educational programs.
“This settlement ensures that English Learner students in Arlington Public Schools receive the services they need,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “My office is committed to protecting the rights of all students, including those fighting to learn the English language or overcome disabilities, to receive the education and support they need to reach their full potential. As someone who personally struggles with dyslexia, if it were not for the protections afforded by civil rights statutes, especially the landmark Americans with Disabilities Act (ADA), my own educational journey would have been nearly impossible. EDVA’s work under the EEOA, the ADA, and other laws protecting students is critically important and a top priority.”
Under the agreement, the district will:
• Properly identify and place English Learner students when they enroll in the district’s 34 schools, and communicate with parents about program offerings and other essential information in a language they understand;
• Provide English as a Second Language instruction to all English Learner students, including students with disabilities, so that they can become proficient in English;
• Adequately train middle school core content teachers of English Learner students so that these students can meaningfully access grade-level curricula;
• Train secondary school principals on how to evaluate teachers of English Learner students and support effective teaching strategies;
• Ensure that English Learner students are timely and appropriately evaluated for special education services; and
• Properly monitor and evaluate the effectiveness of its English Learner programs over time.
“We commend the Arlington Public Schools for working with the Department of Justice to achieve this promising and positive result for the school district’s English Learners,” said Assistant Attorney General Eric Dreiband. “For the students who will benefit from the agreement, learning English is key to unlocking educational opportunities. We look forward to continuing to work cooperatively with the Arlington Public Schools to implement this agreement.”
The enforcement of the Equal Educational Opportunities Act is a top priority of the Department of Justice’s Civil Rights Division. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
U.S. Attorney’s Office Hosts Human Trafficking Awareness EventRead the Press Release
The U.S. Attorney’s Office will be hosting an event on June 7, 2019, from 2:00 - 4:00 p.m., in front of Ben & Jerry’s on Church Street to spread awareness about human trafficking in our community. June 7 marks the two-year anniversary of the “You Are Loved” mural painting on Cherry Street sponsored by the U.S. Attorney’s Office. The mural was created in response to the rising numbers of sex and drug trafficking victims we are seeing in federal cases. Christina Nolan, U.S. Attorney for the District of Vermont, will be speaking about the importance of individual community members educating themselves about the signs of human trafficking. The U.S. Attorney’s Office recently convicted Brian Folks of drug crimes and trafficking multiple young women in Vermont.
The event will offer free t-shirts as well as free ice cream for the first 70 people who attend. The event is made possible by the generous support of Ben & Jerry’s, The Classic Dezert Company, and Select Designs.
Please come and join the festivities.
U.S. Attorney Nealy Cox Announces Support to Amarillo as Part of the National Public Safety Partnership to Combat Violent CrimeRead the Press Release
As the Department of Justice continues its efforts reduce violent crime in America, Attorney General William P. Barr today announced that Amarillo, TX was selected to join the National Public Safety Partnership (PSP) initiative.
PSP provides a framework for enhancing federal support of state, local and tribal law enforcement officials and prosecutors as they aggressively investigate and pursue violent criminals, specifically those involved in gun crime, drug trafficking and gang violence.
“The Public Safety Partnership is a successful program that directs federal law enforcement resources to the cities where they can have the greatest impact," Attorney General Barr said. "These resources help police departments to diagnose where crime is highest—and why—and to find, arrest and prosecute criminals. Several participating cities have already seen dramatic reductions in violent crime over the past two years. As we expand this program to 10 more cities across America, we are determined to replicate that success.”
“Federal law enforcement is proud to bring our resources to bear in communities fighting persistent crime,” said U.S. Attorney Erin Nealy Cox. “The people of Amarillo deserve to feel safe in their city. I’m confident that with Chief Drain’s help, we can make a significant dent in the violent crime plaguing the Panhandle.”
The Justice Department created PSP and the Task Force on Crime Reduction and Public Safety in response to President Donald Trump’s February 9, 2017, Executive Order charging the agency with leading a national effort to combat violent crime. In June 2017, the Department of Justice announced the formation of the National Public Safety Partnership initiative.
To be considered for selection, a site must have sustained levels of violence that exceed the national average, demonstrate a commitment to reducing crime, and display compliance with federal immigration requirements.
The 10 sites announced today are as follows:
- Anniston, Alabama
- Oxford, Alabama
- Anchorage, Alaska
- Davenport, Iowa
- Wichita, Kansas
- Baton Rouge, Louisiana
- Baltimore, Maryland
- Cleveland, Ohio
- Amarillo, Texas
- Harris County, Texas
More than 30 cities have participated in PSP. The primary participating Justice Department components include the Office of Justice Programs, Office on Violence Against Women, Office of Community Oriented Policing Services, Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI, U.S. Drug Enforcement Administration and U.S. Marshals Service.
More information about PSP can be found at: http://www.nationalpublicsafetypartnership.org.
U.S. Attorney Jay E. Town Announces Support to Anniston and Oxford, Alabama as Part of the National Public Safety Partnership to Combat Violent CrimeRead the Press Release
BIRMINGHAM– As the Department of Justice continues its efforts to fulfill President Donald J. Trump’s commitment to reducing violent crime in America, Attorney General William P. Barr today announced that the Northern District of Alabama was selected to join the National Public Safety Partnership (PSP) initiative. PSP provides a framework for enhancing federal support of state, local and tribal law enforcement officials and prosecutors as they aggressively investigate and pursue violent criminals, specifically those involved in gun crime, drug trafficking and gang violence.
“The Public Safety Partnership is a successful program that directs federal law enforcement resources to the cities where they can have the greatest impact," Attorney General Barr said. "These resources help police departments to diagnose where crime is highest—and why—and to find, arrest and prosecute criminals. Several participating cities have already seen dramatic reductions in violent crime over the past two years. As we expand this program to 10 more cities across America, we are determined to replicate that success.”
“The Public Safety Partnership provides data-driven resources to assist law enforcement in removing the habitual offenders from the southeast side of the Northern District,” Town said. “Our collective goal is simply to reduce crime, especially violent crime, in Anniston, Oxford, and surrounding areas. My office, local and federal law enforcement, and the Department of Justice are fully committed to facilitating the strategies, training, and technical assistance to do just that. We have prison beds already reserved for the alpha criminals in Calhoun County…and we are coming.”
The Justice Department created PSP and the Task Force on Crime Reduction and Public Safety in response to President Trump’s February 9, 2017, Executive Order charging the agency with leading a national effort to combat violent crime. In June 2017, the Department of Justice announced the formation of the National Public Safety Partnership initiative.
To be considered for selection, a site must have sustained levels of violence that far exceed the national average and demonstrate a commitment to reducing crime. Cities must also display compliance with federal immigration requirements.
The 10 sites announced today are as follows:
- Anniston, Alabama
- Oxford, Alabama
- Anchorage, Alaska
- Davenport, Iowa
- Wichita, Kansas
- Baton Rouge, Louisiana
- Baltimore, Maryland
- Cleveland, Ohio
- Amarillo, Texas
- Harris County, Texas
More than 30 cities have participated in PSP. The primary participating Justice Department components include the Office of Justice Programs, Office on Violence Against Women, Office of Community Oriented Policing Services, Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI, U.S. Drug Enforcement Administration and U.S. Marshals Service.
More information about PSP can be found at: http://www.nationalpublicsafetypartnership.org
U.S. Attorney Announces Support to Anchorage as Part of the National Public Safety Partnership to Combat Violent CrimeRead the Press Release
Anchorage, Alaska – As the Department of Justice continues its efforts to fulfill President Donald J. Trump’s commitment to reducing violent crime in America, Attorney General William P. Barr today announced that the District of Alaska was selected to join the National Public Safety Partnership (PSP) initiative. PSP provides a framework for enhancing federal support of state, local and tribal law enforcement officials and prosecutors as they aggressively investigate and pursue violent criminals, specifically those involved in gun crime, drug trafficking and gang violence.
“The Public Safety Partnership is a successful program that directs federal law enforcement resources to the cities where they can have the greatest impact,” Attorney General Barr said. “These resources help police departments to diagnose where crime is highest—and why—and to find, arrest and prosecute criminals. Several participating cities have already seen dramatic reductions in violent crime over the past two years. As we expand this program to 10 more cities across America, we are determined to replicate that success.”
The Justice Department created PSP and the Task Force on Crime Reduction and Public Safety in response to President Trump’s Feb. 9, 2017, Executive Order charging the agency with leading a national effort to combat violent crime. In June 2017, the Department of Justice announced the formation of the National Public Safety Partnership initiative.
To be considered for selection, a site must have sustained levels of violence that far exceed the national average and demonstrate a commitment to reducing crime. Cities must also display compliance with federal immigration requirements.
The 10 sites announced today are as follows:
- Anniston, Alabama
- Oxford, Alabama
- Anchorage, Alaska
- Davenport, Iowa
- Wichita, Kansas
- Baton Rouge, Louisiana
- Baltimore, Maryland
- Cleveland, Ohio
- Amarillo, Texas
- Harris County, Texas
“I congratulate Chief Doll and the Anchorage Police Department for their successful application to the PSP program,” said U.S. Attorney Schroder. “APD’s dedication to seeking all available resources to help stem violent crime in Anchorage is impressive. As the Attorney General discovered on his recent trip to Alaska, cooperation between federal, state, local, and tribal law enforcement agencies is as strong here as anywhere in the country. Designation as a PSP city will bring additional resources to help us protect the people of Anchorage, and make all Alaskans safer.”
“This new program adds additional horsepower to the strong existing partnership between the Anchorage Police Department and the Department of Justice,” said Chief Justin Doll. “It will be another tool in the ‘tool belt’ as Anchorage combats the increase in violent crime being felt across the country.”
Participating in PSP is consistent with the District of Alaska’s highest priority, which is fighting violent crime.
More than 30 cities have participated in PSP. The primary participating Justice Department components include the Office of Justice Programs, Office on Violence Against Women, Office of Community Oriented Policing Services, Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI, U.S. Drug Enforcement Administration and U.S. Marshals Service.
More information about PSP can be found at: http://www.nationalpublicsafetypartnership.org.
Three Armed Bank Robbers Sentenced to Combined 88 Years in Federal PrisonRead the Press Release
Florence, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Lance Hardiman, Justin Pressley, and Rodrick Berklery, all 28 years old, were sentenced to federal prison for their roles in the armed bank robbery of South State Bank in North Myrtle Beach, South Carolina, on May, 4, 2016, and a follow-on high-speed chase where the defendants shot at several police officers.
Hardiman was sentenced to 40 years in federal prison after a jury convicted him of armed bank robbery, witness tampering, being a felon in possession of a firearm, and two counts of using a firearm in furtherance of crimes of violence. Pressley was sentenced to over 15 years in federal prison after pleading guilty to using a firearm in furtherance of an armed bank robbery. Berklery was sentenced to 30 years after pleading guilty to conspiracy to commit robbery and using a firearm in furtherance of witness tampering. Chief United States District Judge R. Bryan Harwell of Florence sentenced the defendants, with each sentence followed by 5 years of court-ordered supervision. There is no parole in the federal system.
Evidence presented to the court showed that on May 4, 2016, the three defendants—Hardiman, Pressley, and Berklery—armed with handguns and wearing gloves and masks, robbed the South State Bank in North Myrtle Beach. After entering the bank, Hardiman stood at the door while Pressley and Berklery fired their weapons and jumped over the counter. They forced the tellers to empty their tills into a bag, threatening the women’s lives. The men obtained over $30,000 and fled the bank. Bank employees were able to trip a silent alarm and place a dye pack in the bag, and they identified the type of car that the men got into as a silver Chevrolet Impala.
Responding to the call, a detective with the North Myrtle Beach Police Department saw a silver Impala with three men inside. The officer turned on his blue lights, and the Impala took off at high speeds. The officer followed the Impala for approximately five miles as Pressley fired an AK-47 out of the back window at the officer and Hardiman shot out of the passenger’s window. As the chase wound through a residential community, the suspects reached speeds of over 80 miles an hour while indiscriminately shooting at the officer and passing motorists.
Hardiman, Pressley, and Berklery proceeded towards Longs, where one of them lived. They kept firing at the officer, hitting his vehicle twice. One round missed the officer by less than an inch. The officer thought he had been hit and crashed his car.
The three men continued driving and encountered a lieutenant with the North Myrtle Beach Police Department, who deployed spike strips in an effort to end the high speed chase. Hardiman fired out the window at the lieutenant, hitting his car, as Berklery swerved to miss the spike strip. Berklery lost control of the car and drove it off the road. The three defendants then ran from the scene into a heavily wooded area.
A manhunt began, with North Myrtle Beach Police Department, Horry County Police Department, South Carolina Law Enforcement Division (SLED), South Carolina Department of Natural Resources (SCDNR), Myrtle Beach Police Department, and Federal Bureau of Investigation (FBI) all participating in the search. A perimeter was set, and within an hour law enforcement encountered Pressley hiding in some brush.
Tracking the other two suspects, law enforcement encountered two sets of footprints going into standing water wearing shoes. On the other side of the water, one set of footprints was still wearing shoes and the other was barefoot. Hardiman was captured several hours later walking out of the woods. He had stripped down to just shorts and had scratches and scrapes, apparently from running through brush. Berklery was captured approximately 11:30 p.m. in a junkyard wearing just his boxers and no shoes.
During the trial, it was revealed that two of the members of this robbery crew had previously robbed another bank in Horry County and a restaurant.
The case was investigated by agents of the FBI, North Myrtle Beach Police Department, Horry County Police Department, SLED, SCDNR, Myrtle Beach Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It was prosecuted as part of the joint federal, state, and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001 that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Turning the tide of rising violent crime in America is a top priority for the Department of Justice, which has reinstituted PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy.
Assistant United States Attorneys Jim May of the Columbia office and Derek Shoemake of the Florence office prosecuted the case, along with Special Assistant United States Attorney and Chief Deputy Solicitor of the 15th Circuit Scott Hixson.
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Tennessee Man Sentenced on Firearm OffenseRead the Press Release
United States Attorney Ron Parsons announced that a Maryville, Tennessee, man convicted of Possession of an Unregistered Firearm was sentenced by Karen E. Schreier, U.S. District Court Judge.
Daniel J. Richardson, Jr., age 62, was sentenced on May 31, 2019, to 5 years in federal prison, followed by 2 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Richardson knowingly possessing two firearm silencers, which had not been registered to him in the National Firearms Registration and Transfer Record, in South Dakota in September 2018. Richardson was also originally charged with sending threatening interstate communications regarding Jesuits at Red Cloud Indian School. Although this charge was dismissed as part of the plea agreement, the United States offered evidence of the threatening communications at sentencing, a factor the Judge took into consideration in sentencing Richardson.
“I want to commend the outstanding cooperative efforts of the FBI and the Oglala Sioux Tribe Department of Public Safety – particularly OST Police Chief Bob Ecoffey – in apprehending this individual,” said U.S. Attorney Parsons. “This case is an example of how open lines of communication and quick, decisive action by law enforcement can prevent potential tragedy.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Richardson was immediately turned over to the custody of the U.S. Marshals Service.
Suburban Chiropractor Indicted on Fraud Charges for Allegedly Billing Private Insurers for Nonexistent TreatmentRead the Press Release
CHICAGO — A south suburban chiropractor has been indicted on federal fraud charges for allegedly submitting reimbursement claims to private insurers for nonexistent treatment.
JOHN KOSLOSKI operated his own practice, Diagnostic & Therapeutic Rehab, also known as Diagnostic & Therapeutic Rehab Services, in Dolton. From 2011 to 2018, Kosloski submitted fraudulent claims to private insurers for chiropractic services that were not rendered, the indictment states. At least five individuals purported to be Kosloski’s patients and allowed their personal identifying information and their family members’ information to be cited by Kosloski in the fraudulent claims, according to the indictment. After Kosloski received money from the private insurers, he would pay the co-schemers via envelopes of cash, the indictment states.
The indictment charges Kosloski, 55, of Beecher, with six counts of health care fraud. He pleaded not guilty today at his arraignment before U.S. District Judge Rebecca R. Pallmeyer.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation; and Inspector General Kevin H. Winters of the Amtrak Office of Inspector General. The government is represented by Assistant U.S. Attorney Kelly Greening.
Each count of health care fraud is punishable by up to ten years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
St. Louis County Man Sentenced for Carjacking SpreeRead the Press Release
St. Louis, MO – Asean Mitchell, 20, of St. Louis, was sentenced to 150 months in prison on three counts of carjacking and one count of brandishing a firearm during a federal crime of violence. He appeared in federal court today before U.S. District Judge Audrey G. Fleissig.
According to court documents, on November 20, 2016, Mitchell and his accomplice, Travion Brown, committed a carjacking in the area of North 11th Street and St. Charles Street in downtown St. Louis. Mitchell and Brown approached the victim. Brown pulled a gun and ordered the victim out of the car. The victim complied. Brown and Mitchell entered the vehicle and drove away.
On November 22, 2016, Mitchell, Brown, and a third accomplice attempted another carjacking in downtown St. Louis. The victim was stopped at a red light at the intersection of 10th Street and Market Street. Mitchell, Brown and the third individual approached the vehicle. One of the carjackers tapped on the vehicle’s window with a gun. The light turned green and the victim successfully drove away.
Mitchell, Brown, and the third individual approached another victim seated in a vehicle at the intersection of Olive Street and 11th Street in St. Louis shortly after their earlier, unsuccessful carjacking. The victim waived the three men away from the vehicle and attempted to drive away when the light turned green. Brown shot the victim in the head. The three carjackers fled from the area. The victim survived.
Co-defendant Travion Brown was sentenced by U.S. District Judge Ronnie L. White on May 4, 2018, to 300 months in prison for his role in the armed carjackings.
“We are grateful that no one lost a life during this carjacking spree and pleased that these defendants have been taken off the streets. There is always more work to be done which is why preventing, disrupting, and prosecuting those who would commit a carjacking is one of this office’s top priorities,” said U.S. Attorney Jeff Jensen after Mitchell’s sentencing.
The St. Louis Metropolitan Police Department and the Federal Bureau of Investigation investigated the case. Assistant U.S. Attorney Sayler Fleming handled the case for the U.S. Attorney’s Office.
Siskiyou County Man Pleads Guilty to Major Fraud Against the United States for Taking FEMA Grant FundsRead the Press Release
SACRAMENTO, Calif. — Samuel Thomas Lanier, 40, of Dunsmuir, pleaded guilty today to seven counts of major fraud against the United States, U.S. Attorney McGregor W. Scott announced.
According to court documents, from approximately June 2013 to March 2018, Lanier engaged in a scheme to defraud the United States by submitting, or causing to be submitted, false reimbursement requests to the Federal Emergency Management Agency (FEMA) in connection with federal grants awarded to Siskiyou and Shasta County Fire Chiefs Associations to assist them in recruiting and training new firefighters.
In June 2013 and June 2014, respectively, the Siskiyou and Shasta County Fire Chiefs Associations were awarded grants as part of the Staffing for Adequate Fire and Emergency Response (SAFER) program. Each grant was over $1 million. The purpose of these grants was to assure that communities have adequate protection from fire-related hazards, and to help the recipients attain and maintain 24-hour staffing.
Lanier, as an owner or executive of two companies located in Dunsmuir, was hired by the Fire Chiefs Associations to administer these grants. In this capacity, Lanier knowingly submitted to FEMA false and fraudulent reimbursement requests, seeking and obtaining reimbursement for goods and services that were not, in fact, actually obtained on behalf of the fire associations. In so doing, Lanier caused a gross loss to the United States of over $500,000.
This case is the product of an investigation by the Major Frauds & Corruption Unit of the Department of Homeland Security, Office of Inspector General. Assistant U.S. Attorney Amy Schuller Hitchcock is prosecuting the case.
Lanier is scheduled to be sentenced by U.S. District Judge Kimberly J. Mueller on September 16. He faces a maximum statutory penalty of 10 years in prison and a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Schenectady and Amsterdam Men Plead Guilty to Heroin ConspiracyRead the Press Release
ALBANY, NEW YORK – Leamzy Soto Calderon, aka “Lee” and “Gordo,” 28, of Schenectady, New York, and Gregory Insogna, 45, of Amsterdam, New York, pled guilty on Friday and today, respectively, to conspiring to possess with intent to distribute and to distribute heroin, announced United States Attorney Grant C. Jaquith, Kevin M. Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), and New York State Police Acting Superintendent Keith M. Corlett.
In pleading guilty, Soto Calderon admitted to being a member of a drug-trafficking organization that distributed a kilogram or more of heroin in Schenectady between 2017 and December 20, 2018. As a member of the organization, Soto Calderon regularly picked up hundreds of grams of heroin and delivered thousands of dollars in cash in payment for the heroin; prepared the heroin for sale by mixing it with cutting agent and packaging it into “bags” and “bundles”; and sold the heroin to a large customer base in and around Schenectady, New York. In December 2018, law enforcement officers executed a search warrant at Soto Calderon’s residence in Schenectady and seized 268 grams of heroin, cutting agent, and heroin processing materials.
In his guilty plea, Insogna admitted to being a member of the same drug-trafficking organization and to obtaining heroin from Soto Calderon, and others, which Insogna then sold in Amsterdam, New York. Insogna also admitted to directing couriers to pick up the heroin from and deliver payment for the heroin to Soto Calderon in Schenectady.
Soto Calderon faces at least 10 years and up to life imprisonment, a term of supervised release of at least 5 years and up to life, and a maximum fine of $10 million. Insogna faces at least 5 years and up to 40 years imprisonment, a term of supervised release of at least 4 years and up to life, and a fine of up to $5 million. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the United States Homeland Security Investigations (HSI), the New York State Police, the United States Drug Enforcement Administration (DEA), the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Amsterdam (New York) Police Department, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Santa Barbara County Man Pleads Guilty to Wire Fraud in Investment Fraud Schemes that Promised Facebook, Twitter StockRead the Press Release
LOS ANGELES – A Montecito man pleaded guilty today to one felony count of wire fraud for defrauding investors by making false promises to use their money purchase shares of Facebook and Twitter prior to the companies’ initial public offerings.
Efstratios “Elias” Argyropoulos, 72, entered his plea before United States District Judge George Wu, who scheduled an August 26 sentencing hearing. Argyropoulos faces a statutory maximum sentence of 20 years in federal prison.
As he admitted in his plea agreement, between October 2010 and October 2015, Argyropoulos operated Prima Ventures Corporation, a Santa Barbara-based financial services firm of which he was the president and sole shareholder. Argyropoulos represented to investors that he had access to “amazing” investment opportunities that would provide a high rate of return on any money invested, court papers state.
Argyropoulos misrepresented to investors that he would pool their money to purchase pre-initial public offering shares of companies such as Facebook and Twitter, according to court documents. Argyropoulos also falsely told investors he had access to good investment opportunities in companies such as Alibaba, Etsy, and E-Waste, the plea agreement states. As he admitted, Argyropoulos also represented that he and Prima were licensed brokers, when in truth, neither he nor Prima was licensed by the Securities and Exchange Commission or any other regulatory authority to sell securities. Instead of purchasing the stocks, Argyropoulos diverted the investor funds for other uses, such as day-trading in stocks unrelated to the promised investments, and personal expenses, such as landscaping, utilities, and his legal expenses arising out of an investigation into his activities conducted by the SEC, the plea agreement states.
Argyropoulos, who was charged in a 21-count federal grand jury indictment last year, admitted to causing at least $1,495,657 in uncompensated losses in connection with his schemes to defraud.
Argyropoulos also admitted to willfully violating a January 2015 court order in a lawsuit brought by the Securities and Exchange Commission, which was based on the fraudulent Facebook and Twitter scheme. The injunction prohibited Argyropoulos from selling fraudulent investments and acting as an unlicensed broker.
The case against Argyropoulos was investigated by the Federal Bureau of Investigation.
The case is being prosecuted by Assistant United States Attorneys Scott Paetty and Adam Schleifer of the Major Frauds Section.
Romanian National Sentenced to 65 Months in Federal Prison for Multi-State ATM Card Skimming SchemeRead the Press Release
BOSTON - A Romanian national was sentenced today in federal court in Springfield in connection with a multi-state ATM card skimming scheme.
Bogdan Viorel Rusu, 38, a Romanian national formerly residing in Queens, N.Y., was sentenced by U.S. District Court Judge Mark G. Mastroianni to 65 months in federal prison, five years of supervised release, and ordered to pay restitution and forfeiture of $440,130. In September 2018, Rusu pleaded guilty to an Information that charged him with one count each of conspiracy to commit bank fraud, bank fraud, and aggravated identity theft. Rusu was arrested on Nov. 14, 2016, and initially charged by complaint in the District of New Jersey and has been in custody since.
From approximately Aug. 3, 2014, until his arrest on Nov. 14, 2016, Rusu engaged in a widespread bank fraud conspiracy that targeted various banks in Massachusetts, New York, and New Jersey. Rusu and his co-conspirators captured payment card account information from customers as they accessed their accounts through ATMs and then used that information to steal money from the customers’ bank accounts.
To capture the account information, Rusu and/or his co-conspirators installed electronic devices, i.e., skimming devices, which surreptitiously recorded customers’ bank account information on the banks’ card-readers at the vestibule door, the ATM machine, or both. In addition, Rusu and/or his co-conspirators installed other devices (generally either pinhole cameras or keypad overlays) in order to record the keystrokes of bank customers as they entered their personal identification numbers to access their bank accounts. After enough customers accessed the ATM machine, Rusu and/or his co-conspirators removed the skimming devices. They then transferred the illegally obtained information from the skimming devices and pinhole cameras to counterfeit payment cards. Finally, they visited other ATM machines with the counterfeit cards to obtain cash from the skimmed bank accounts before the bank or the customers became aware of their illicit conduct.
As a result of the scheme, $364,419 was lost in Massachusetts and $75,715 in New York (totaling $440,134 from 531 individual accounts), and another $428,581 was stolen in New Jersey.
United States Attorney Andrew E. Lelling; Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; Stephen Marks, Special Agent in Charge of the U.S. Secret Service, Boston Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; East Longmeadow Police Chief Jeffrey Dalessio; and Medford Police Chief Jack Buckley made the announcement today. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office and Trial Attorney Marianne Shelvey of the Justice Department’s Organized Crime and Gang Section prosecuted the case.
Romanian National Sentenced for Multi-State ATM Card Skimming SchemeRead the Press Release
A Romanian national was sentenced today in federal court in Springfield, Massachusetts, in connection with a multi-state ATM card skimming scheme.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Andrew E. Lelling for the District of Massachusetts, Special Agent in Charge Stephen Marks of the U.S. Secret Service’s Boston Field Division, Special Agent in Charge Peter C. Fitzhugh of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Boston, East Longmeadow Police Chief Jeffrey Dalessio and Medford Police Chief Jack Buckley made the announcement.
Bogdan Viorel Rusu, 38, a Romanian national formerly residing in Queens, New York, was sentenced by U.S. District Court Judge Mark G. Mastroianni for the District of Massachusetts to 65 months in prison followed by 60 months of supervised release. Judge Mastroianni also ordered Rusu to pay restitution in the amount of $440,130 and forfeit the same amount. In September 2018, Rusu pleaded guilty to an Information that charged him with one count each of conspiracy to commit bank fraud, bank fraud and aggravated identity theft. Rusu was arrested on Nov. 14, 2016, and initially charged by complaint in the District of New Jersey and has been in custody since.
According to Rusu’s plea agreement, from approximately Aug. 3, 2014, until his arrest on Nov. 14, 2016, Rusu engaged in a widespread bank fraud conspiracy that targeted various banks in Massachusetts, New York and New Jersey. Rusu and his co-conspirators captured payment card account information from customers as they accessed their accounts through ATMs and then used that information to steal money from the customers’ bank accounts.
To capture the account information, Rusu and/or his co-conspirators installed electronic devices, i.e., skimming devices, which surreptitiously recorded customers’ bank account information on the banks’ card-readers at the vestibule door, the ATM machine, or both. In addition, Rusu and/or his co-conspirators installed other devices (generally either pinhole cameras or keypad overlays) in order to record the keystrokes of bank customers as they entered their personal identification numbers to access their bank accounts. After enough customers accessed the ATM machine, Rusu and/or his co-conspirators removed the skimming devices. They then transferred the illegally obtained information from the skimming devices and pinhole cameras to counterfeit payment cards. Finally, they visited other ATM machines with the counterfeit cards to obtain cash from the skimmed bank accounts before the bank or the customers became aware of their illicit conduct.
As a result of the scheme, $364,419 was lost in Massachusetts and $75,715 in New York (totaling $440,134 from 531 individual accounts), and another $428,581 was stolen in New Jersey.
The U.S. Secret Service’s Boston Field Division and HSI Boston investigated this case with assistance from East Longmeadow Police Department and Medford Police Department. This investigation started as a result of analysis provided by TD Bank Global Investigations Springfield, Massachusetts. Assistant U.S. Attorney Steven H. Breslow for the District of Massachusetts and Trial Attorney Marianne Shelvey of the Justice Department’s Organized Crime and Gang Section prosecuted the case.
Rialto Capital Management and Current Owner of Indiana Hospital to Pay $3.6 Million to Resolve False Claims Act Allegations Arising from Kickbacks to Referring PhysiciansRead the Press Release
The Department of Justice announced today that Rialto Capital Management LLC (Rialto) and its former affiliate RL BB-IN KRE LLC (RL BB) have agreed to pay $3.6 million to resolve allegations that Rialto and the Kentuckiana Medical Center (KMC), a Clarksville, Indiana-based hospital owned by RL BB, violated the Anti-Kickback Statute (AKS), the Stark Law, and the False Claims Act by engaging in illegal financial arrangements with two doctors who referred patients to KMC. Until November 2018, RL BB was an affiliate of Rialto, which oversaw management of the hospital.
“When doctors refer patients for tests and medical procedures, they must do so based on their own professional judgment and the medical needs of their patients, not personal financial benefits,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “Illegal financial arrangements between health care providers undermine the integrity of our health care system, and we will continue to pursue those who engage in such conduct.”
The settlement resolves allegations that KMC, under the direction of Rialto, provided personal loans to two referring doctors and then repeatedly forbore from requiring repayment of those loans. The United States alleged that the hospital’s failure to collect on loans to key referral sources constituted a form of remuneration prohibited by both the AKS and the Stark Law. The AKS prohibits the provision of remuneration to induce the referral of services or items that are paid for by a federal health care program. The Stark Law restricts financial relationships that hospitals may enter into with physicians who refer patients to them. The False Claims Act prohibits the submission of claims to Medicare for items or services that are tainted by financial arrangements that violate the AKS or the Stark Law.
“The Anti-Kickback Statute, Stark Law, and False Claims Act were created to serve as tools for combating fraud, waste, and abuse in federally funded health care programs,” said U.S. Attorney for the Southern District of Indiana Josh Minkler. “This recovery sends the message that health care providers must comply with applicable state and federal laws when billing the United States Government for services, or they will face consequences.”
Rialto, through RL BB, acquired KMC as part of KMC’s bankruptcy reorganization in 2013. As part of that reorganization, KMC and Rialto initially offered to award partial ownership in the hospital’s real estate to certain physicians who had been important referral sources for KMC, but those offers were challenged in the bankruptcy proceedings. Instead, Rialto approved personal loans from KMC to two of the hospital’s key referral sources, and Rialto and KMC then allegedly repeatedly forbore from requiring repayment of those loans for more than two years after each loan matured and became due in full.
“Healthcare entities need to ensure that financial arrangements with physicians are clear and appropriate,” said Lamont Pugh III, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services (OIG). “The practice of providing any kind of remuneration in exchange for the referral of Medicare patients is a violation of the Anti-Kickback Statute. OIG will continue to examine and investigate those relationships that violate federal statutes in an effort to protect vital taxpayer dollars.”
The settlement resolves a lawsuit filed in federal court by Dr. Abdul Buridi under the qui tam or whistleblower provisions of the False Claims Act, which permit private parties to bring lawsuits on behalf of the United States for false claims and to share in any recovery. Dr. Buridi will receive $612,000 from the settlement.
The United States’ investigation of this matter was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Southern District of Indiana, and the U.S. Department of Health and Human Services Office of Inspector General.
The claims resolved by the settlement are allegations only, and there has been no determination of liability. The case is captioned United States ex rel. Buridi v. Kentuckiana Medical Center LLC, et al., Case No. 4:15-cv-014 (S.D. Ind.)
Rhode Island Man Sentenced to 5 Years in Federal Prison for Trafficking FentanylRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JUAN HAZARD, also known as “Money,” 42, of Cranston, Rhode Island, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 60 months of imprisonment, followed by four years of supervised release, for trafficking fentanyl.
According to court documents and statements made in court, in April 2017, Hazard agreed to meet an individual at a location in Ledyard to conduct a narcotics transaction. On April 26, 2017, investigators stopped Hazard’s vehicle in Ledyard. Hazard was arrested after investigators located a wooden box containing three shrink-wrapped packages containing a total of approximately 338 grams of fentanyl in the rear of the vehicle. Hazard’s young child was in the back seat of the car at the time of the offense.
Hazard has been detained since his federal arrest on May 4, 2018. On September 17, 2018, he pleaded guilty to one count of possession with intent to distribute 40 grams or more of fentanyl.
This investigation was conducted by the Federal Bureau of Investigation and the Waterford, Ledyard, Town of Groton and City of Groton Police Departments. The case was prosecuted by Assistant U.S. Attorney Patricia Stolfi Collins.
Red Lake Man Sentenced to 22 Years in Prison for Second Degree MurderRead the Press Release
United States Attorney Erica H. MacDonald announced the sentencing of MICHAEL WAYNE WHITEFEATHER, 18, to 264 months in prison for murder in the second degree. WHITEFEATHER, who pleaded guilty on December 17, 2018, was sentenced today by Judge Susan Richard Nelson in U.S. District Court in Saint Paul, Minnesota.
United States Attorney Erica MacDonald said, “This tragic and senseless act of violence resulted in the death of an innocent young man. We are working in collaboration with our federal, state, local and tribal law enforcement partners to do all we can to protect our communities from violent crimes such as this.”
According to the defendant’s guilty plea and documents filed in court, during the early morning hours of April 28, 2018, WHITEFEATHER and several other members of the Back of Town (“BOT”) gang were driving around looking for rival gang members on the Red Lake Indian Reservation. They encountered the victim and another male walking in a parking lot between the Red Lake Skate Park and the Red Lake Middle and High Schools. WHITEFEATHER and the other BOT gang members mistakenly thought the victim was a rival gang member. WHITEFEATHER exited the vehicle, retrieved a shotgun, and chased after the victim on foot. When WHITEFEATHER caught up to the victim, he assaulted him and shot him in the face, resulting in the victim’s death.
This case is the result of an investigation conducted by the Red Lake Department of Public Safety, the FBI Headwaters Safe Trails Task Force, the Paul Bunyan Drug Task Force, the Bemidji Police Department, the Beltrami County Sheriff's Office, and United States Customs and Border Protection. This case is part of Project Safe Neighborhoods, an initiative that brings together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
This case is being prosecuted by Assistant U.S. Attorney Deidre Y. Aanstad.
Defendant Information:
MICHAEL WAYNE WHITEFEATHER, 18
Red Lake, Minn.
Convicted:
- Murder in the second degree, 1 count
Sentenced:
- 264 months in prison
- Five years of supervised release
###
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Recording Artist Kintea McKenzie Pleads Guilty in Connection with 2018 Shooting in Times SquareRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that KINTEA MCKENZIE, a/k/a “Kooda B,” pled guilty today in Manhattan federal court in connection with a shooting outside a hotel in Times Square on June 2, 2018, in furtherance of the Nine Trey Gangsta Bloods (“Nine Trey”) criminal enterprise. U.S. District Judge Paul A. Engelmayer accepted the defendant’s guilty plea.
U.S. Attorney Geoffrey S. Berman said: “Today, Kintea McKenzie admitted his responsibility for a brazen shooting in bustling Times Square. In coordination with Tekashi 6ix 9ine and other Nine Trey gang members, McKenzie arranged to have another individual shoot at a rival gang member. We continue our daily work with our law enforcement partners to keep our communities safe and to vigorously investigate acts of violence committed by gang members.”
As alleged in the Indictment and statements made in open court:
Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn. Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business. On or about June 2, 2018, MCKENZIE agreed to accept money from Daniel Hernandez, a/k/a “Tekashi 6ix 9ine,” to shoot at a rival gang member and rapper who was staying at a hotel in Times Square. MCKENZIE helped to organize the shooting in order to scare that rival gang member.
* * *
MCKENZIE, 21, of Brooklyn, pled guilty to assault with a dangerous weapon in aid of racketeering, which carries a maximum sentence of 20 years in prison.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by Judge Engelmayer.
Mr. Berman praised the outstanding investigative work of the New York City Police Department, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. He also thanked the New York County District Attorney’s Office for their assistance in the investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jacob Warren, Jonathan Rebold, and Sebastian Swett are in charge of the prosecution.
Randolph Man Pleads Guilty to Child Exploitation ChargesRead the Press Release
BOSTON – A Randolph man pleaded guilty today in federal court in Boston to child exploitation charges.
Michael Lee, 52, pleaded guilty to one count of sexual exploitation of children and one count each of distribution, receipt, and possession of child pornography. U.S. District Court Judge Indira Talwani scheduled sentencing for Aug. 28, 2019. In December 2017, Lee was arrested and charged in a criminal complaint and has been in federal custody since. He was indicted in April 2018.
A search warrant at Lee’s Randolph home was conducted as part of an investigation into the online trade of child pornography through the use of Kik, an instant messaging app. During an interview with federal agents, Lee admitted to trading images and videos of child pornography with other Kik users, including a New Hampshire man who provided Lee with images and videos documenting the sexual abuse of the man’s eight-year-old daughter at Lee’s direction. Forensic analysis of Lee’s cell phone and Kik account corroborated his admissions and showed that he had created videos of himself in which he directed the child’s father how to sexually abuse her, and had received videos in return that showed the man abusing her. Forensic review of the evidence also showed that Lee had been trading child pornography with other Kik users.
The charge of sexual exploitation of children provides for a mandatory minimum sentence of 15 years and up to 30 years in prison. The charge of possession of child pornography provides for a sentence of no greater than 20 years in prison. The charges of distribution and receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison. All four charges provide for a minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Randolph County man admits to methamphetamine chargeRead the Press Release
ELKINS, WEST VIRGINIA – Eric Allen Harris, of Beverly, West Virginia, has admitted to a drug distribution charge, United States Attorney Bill Powell announced.
Harris, age 39, pled guilty to one count of “Possession with Intent to Distribute Methamphetamine.” Harris admitted to distributing methamphetamine, also known as “ice,” in September 2018 in Randolph County.
Harris faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Mountain Region Drug & Violent Crime Task Force investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Michael John Aloi presided.
Queens Man Pleads Guilty to Assaulting a Federal Correctional Officer and Possessing Contraband at a Federal Jail in BrooklynRead the Press Release
Ali Saleh pleaded guilty today at the federal courthouse in Brooklyn to assaulting a federal correctional officer and possessing contraband at the Metropolitan Detention Center (MDC) in Brooklyn, New York. The proceeding took place before United States District Judge William F. Kuntz, II, on the day a jury was scheduled to be selected for Saleh’s trial. When sentenced, Saleh faces up to 25 years’ imprisonment on the assault and prison contraband charges.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea.
“Saleh viciously attacked a correctional officer performing routine duties at the MDC, causing the officer serious injury,” stated United States Attorney Donoghue. “Correctional officers place themselves on the front line every day and all inmates should know that we will relentlessly prosecute those who threaten or assault them.”
On July 13, 2018, Saleh was an inmate at the MDC for charges related to attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS). At approximately 12:35 p.m., while a senior correctional officer was retrieving trash through an access slot of Saleh’s cell, Saleh reached through the slot and slashed the officer with an improvised knife, seriously lacerating the officer’s right forearm. Saleh smiled at the officer and said, “I hope you die.” The correctional officer subsequently underwent surgery for his wound.
Saleh’s potential sentence of up to 25 years on the assault and possession of contraband charges is in addition to the sentence he faces for his conviction, pursuant to a guilty plea on July 24, 2018, to attempting to provide material support to ISIS.The government’s case is being prosecuted by Assistant United States Attorneys Phil Selden and Douglas M. Pravda.
The Defendant:
ALI SALEH
Age: 26
Queens, New YorkE.D.N.Y. Docket No. 18-CR-468 (WFK)
Princess Cruise Lines and its Parent Company Plead Guilty to Environmental Probation Violations, Ordered to Pay $20 Million Criminal PenaltyRead the Press Release
Today, Princess Cruise Lines Ltd. (Princess) and its parent, Carnival Cruise Lines & plc (together “Carnival”) were ordered to pay a $20 million criminal penalty and will be subject to enhanced supervision after admitting to violations of probation attributable to senior Carnival management in a case in which Princess had already paid $40 million.
Princess was convicted and sentenced in April 2017, after pleading guilty to felony charges stemming from its deliberate dumping of oil-contaminated waste from one of its vessels and intentional acts to cover it up. While serving 5 years of probation, all Carnival related cruise lines vessels eligible to trade in U.S. ports were required to comply with a court approved and supervised environmental compliance plan (ECP), including audits by an independent company and oversight by a Court Appointed Monitor. Numerous violations have been identified by the company, the outside auditor, and the court’s monitor during the first two years of probation, including “major non-conformities” as defined by the ECP.
Carnival admitted it was guilty of committing six violations of probation. Two of the violations involved interfering with the court’s supervision of probation by sending undisclosed teams to ships to prepare them for the independent inspections required during probation. When this was first discovered in December 2017, U.S. District Court Judge Patricia Seitz directed that the practice cease and ordered additional inspections as a consequence. However, without seeking court approval, a second undisclosed program was started shortly thereafter. Documents filed in court showed that a purpose of the vessel visit programs was to avoid adverse findings during the inspections.
“This case demonstrates the importance of identifying and correcting compliance problems at their source. Carnival sought to avoid the discovery of problems during the audits rather than learn from them. Carnival’s deliberate deception undermined the court’s supervision of probation,” said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division. “I want to take this opportunity to thank and commend the Office of Probation and the Court Appointed Monitor for the close attention that they have devoted to this important matter post-conviction.”
Carnival’s Chairman of the Board, Chief Executive Officer and Chief Financial Officer attended the hearing pursuant to court’s order and were asked to personally pledge their commitment to correcting the company’s compliance issues and corporate culture. In addition, senior management of each operating cruise line of Carnival Corporation & plc were present for the court proceedings.
The company admitted to other violations of probation today including:
- Failing to establish a senior corporate officer as a corporate compliance manager with responsibility and sufficient authority for implementing new environmental measures required during probation;
- Contacting the Coast Guard seeking to re-define the definition of what constitutes a major non-conformity under the ECP without going through the required process and after the government had rejected the proposal and told the company to file a motion with the court if it wanted to pursue the issue;
- Deliberately falsifying environmental training records aboard two cruise ships; and
- Deliberately discharging plastic in Bahamian waters from the Carnival Elation and failing to accurately record the illegal discharges. Prosecutors advised the Court that this particular instance was an example of a more widespread problem, identified by the external audits, in failing to segregate plastic and non-food garbage from waste thrown overboard from numerous cruise ships.
Under the terms of the settlement, Carnival will do the following:
- Pay a $20 million criminal penalty;
- Issue a statement to all employees in which Carnival’s CEO accepts management’s responsibility for the probation violations;
- Restructure the company’s corporate compliance efforts, including appointing a new chief Corporate Compliance Officer, creating an Executive Compliance Committee across all cruise lines, adding a new member to the Board of Directors with corporate compliance expertise, and train its Board of Directors;
- Pay up to $10 million per day if it does not meet deadlines for submitting and implementing needed changes to its corporate structure;
- Pay for 15 additional independent audits per year conducted by the third-party auditor and Court Appointed Monitor (on top of approximately 31 ship audits and 6 shore-side audits currently performed annually);
- Comply with new reporting requirements, including notifying the government and court of all future violations, and specifically identifying foreign violations and the country impacted; and
- Make major changes in how the company uses and disposes of plastic and other non-food waste to urgently address a problem on multiple vessels concerning illegal discharges of plastic mixed with other garbage.
The revised sentence imposed by Judge Seitz also requires that Princess remain on probation for a period of three years.
The case is being prosecuted by Richard A. Udell, Senior Litigation Counsel with the Environmental Crimes Section of the Department of Justice and Assistant U.S. Attorney Thomas Watts-FitzGerald, Deputy Chief, Economic & Environmental Crimes Section for the Southern District of Florida, with assistance from Lt. Commander Anton DeStefano of the U.S. Coast Guard.
Pill Mill Clinic Manager Sentenced to Nine Years in Federal Prison for Illegal Opioid DistributionRead the Press Release
PORTLAND, Ore.—Osasuyi Kenneth Idumwonyi, 58, of Houston, Texas was sentenced today to 108 months in federal prison and three years’ supervised release for illegally distributing opioids.
According to court documents, in January 2015, Idumwonyi along with codefendant and former nurse practitioner Julie Ann DeMille opened the Fusion Wellness Clinic on Southeast 122nd Avenue in Portland. From the clinic’s opening until July 2016, DeMille illegally wrote thousands of prescriptions for opioids including oxycodone and hydrocodone.
Idumwonyi has a history of operating medical clinics purporting to offer legitimate pain management services. His earliest clinic was started in 2009 in Houston, Texas. To maintain an appearance of legitimacy, Idumwonyi would employ physicians or nurse practitioners who were willing to illegally prescribe controlled substances in a manner that would not draw the attention of law enforcement or state regulators.
Idumwonyi and DeMille first met in late 2010 or early 2011. A mutual acquaintance with healthcare industry experience knew of DeMille as someone who willing to write illegal prescriptions. At the time, DeMille lived in the Houston area and was licensed to dispense controlled substances by the State of Texas.
Idumwonyi hired DeMille after interviewing her about her willingness to write prescriptions for a specific combination of controlled substances that were in demand at the time in Houston. Idumwonyi and DeMille worked together at his clinics in Houston from early 2011 to mid-2014.
As early as 2013, DeMille began planning a move from Houston, Texas to Portland. She was attracted to Oregon where licensed nurse practitioners can write prescriptions without the oversight and approval of a physician. She moved to Portland in 2014 and was hired by a publicly funded, county health clinic. From the beginning, DeMille planned to subsidize her county income by operating an illegal opioid pill mill.
After DeMille arranged to lease an office for newly-created Fusion Wellness Clinic, Idumwonyi drove a moving truck from Houston to Portland with the equipment from their last pill mill. Idumwonyi chose not move to Oregon and instead made plans to commute between Houston and Portland each week.
From January 2015 to his arrest in July 2016, Idumwonyi served as the gatekeeper, office manager and enforcer for the Fusion Wellness Clinic. He oversaw the recruitment of new patients, reviewed intake paperwork, collected payments, coordinated with patients and DeMille to ensure the patients received the drugs they were seeking and supervised the clinic’s two other employees. Idumwonyi’s patient-recruiting efforts included visiting a Narcotics Anonymous meeting and a homeless shelter in search of people susceptible to opiate addiction.
Idumwonyi eventually began to require some patients to kick back a portion of their prescribed pills to him for the “privilege” of returning to the clinic for additional prescriptions. He also required other patients to sell him a portion of their oxycodone pills, which he gave to his girlfriend, who was heavily addicted to the drug.
Idumwonyi and DeMille split the clinic’s cash proceeds. In a typical day at the clinic, DeMille saw up to 20 patients, charging each $200 in cash. In 2015, the clinic generated at least $388,000 in revenue. In 2015 alone, according to data from the Oregon Prescription Drug Monitoring Program, DeMille wrote more than 1,940 prescriptions for controlled substances. Together, these prescriptions resulted in the distribution of more than 219,000 pills, 96.7% of which were opioids.
Idumwonyi pleaded guilty on February 28, 2017 to conspiring to distribute or dispense and possessing with intent to distribute or dispense oxycodone and hydrocodone.
During sentencing, U.S. District Court Judge Robert E. Jones ordered Idumwonyi to pay $294,000 to satisfy a forfeiture money judgement, representing illegal proceeds from the clinic that were traced to Idumwonyi’s bank accounts.
Codefendant DeMille was sentenced on March 26, 2019 to four years in federal prison for illegally distributing prescription opioids, filing a false tax return and lying to federal agents.
This case was investigated by the Drug Enforcement Administration, U.S. Marshals Service and Portland Police Bureau. It was prosecuted by Thomas S. Ratcliffe and Donna Brecker Maddux, Assistant U.S. Attorneys for the District of Oregon.
Drug abuse affects communities across the nation, and opioid abuse continues to be particularly devastating. The CDC reports that from 1999 to 2016, more than 630,000 people have died from a drug overdoses. In 2016, 66% of drug overdose deaths involved an opioid. Drug overdose is now the leading cause of injury or death in the United States.
In Oregon, the total number of deaths related to drug use increased 11 percent between from 2013 to 2017, with 546 known drug related deaths in 2017. Nearly half of all prescriptions for controlled substances filled at Oregon retail pharmacies in 2017 were for opioids. Oregon has one of the highest rates of prescription opioid misuse in the country, with an average of three deaths every week from prescription opioid overdose.
If you or someone you know suffers from addiction, please call the Lines for Life substance abuse helpline at 1-800-923-4357 or visit www.linesforlife.org. Phone support is available 24 hours a day, seven days a week. You can also text “RecoveryNow” to 839863 between 8am and 11pm Pacific Time daily.
Paramedic Pleads Guilty to Tampering with Fentanyl and Ketamine VialsRead the Press Release
OKLAHOMA CITY – COLIN ANDREW DAVIS, 33, of Oklahoma City, has pleaded guilty to tampering with fentanyl and ketamine vials while working as a paramedic for an emergency air evacuation company, announced First Assistant U.S. Attorney Robert J. Troester.
On April 30, 2019, the U.S. Attorney’s Office filed an information that charges Davis with tampering with the labeling and container for consumer products in November 2017 in Weatherford, Oklahoma. According to the information, Davis removed fentanyl and ketamine from vials and replaced them with a sterile saline solution. As a result, patients undergoing emergency air evacuation could have received saline when medical professionals intended to administer fentanyl or ketamine. The information alleges Davis took this action with reckless disregard for the risk that another person would be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to that risk. Fentanyl is a Schedule II controlled substance in the opioid family; ketamine is a Schedule III analgesic often used in anaesthesia.
"When Davis stole these drugs, he made them unavailable for critical emergency treatment and placed patient care in jeopardy," said First Assistant Troester. "This case is yet another manifestation of the ways in which opioid abuse causes harm in our community. We are pleased to work with the Food and Drug Administration as part of the Department of Justice’s focus on opioid enforcement, which includes this office’s Western Oklahoma Opioid Enforcement Team."
"Patients experiencing pain severe enough to warrant treatment with opioids must have confidence in their health care provider that they are receiving appropriate medical care," said Special Agent-in-Charge Charles L. Grinstead, FDA Office of Criminal Investigations, Kansas City Field Office. "We are committed to working with our law enforcement partners to protect the public health and bring to justice those who tamper with medications which can not only endanger the health of patients by exposing them to contaminated products but also may deny them access to the treatments they need."
At sentencing, Davis faces a maximum penalty of ten years in prison, a fine of $250,000, and three years of supervised release. Sentencing will take place in approximately ninety days.
This case is the result of an investigation by the Food and Drug Administration, Office of Criminal Investigations. Assistant U.S. Attorney Jacquelyn M. Hutzell is prosecuting the case.
Reference is made to court filings for further information.
Operation Saigon Sunset Update: Last Defendant Sentenced for his Role in Federal Drug ConspiracyRead the Press Release
HUNTINGTON, W.Va. – A Barboursville man caught selling heroin in January 2018 was sentenced today to 90 days home confinement and five years of probation for his role in a federal drug conspiracy charge, announced United States Attorney Mike Stuart. Silas Pardue, 34, previously pled guilty to an indictment charging him with conspiracy to distribute heroin.
“The sun has set on Operation Saigon Sunset, but it is rising in Huntington. The future is incredibly bright for the greater Huntington area,” said United States Attorney Mike Stuart. “All 15 defendants charged for their involvement in the Peterson drug trafficking organization have now been sentenced. The sentences imposed in this case range from 97 months in prison to Pardue’s sentence of 90 days of home confinement. We are tough on drug dealers that peddle poisons in our communities, but we always hope that more of our defendants take the path that Pardue has chosen to take -- the path of recovery and finding honest employment.”
Pardue admitted that between August 2017 and April 2018 he conspired with individuals to distribute heroin in Huntington, West Virginia. As part of the plea agreement, Pardue admitted that Manget Peterson, also known as “Money,” supplied him with heroin to use or to sell. Pardue admitted to selling heroin to a male in January 2018 at the WalMart on Route 60 in Huntington. Pardue admitted to being a “runner” for Manget Peterson.
This investigation was the result of a joint effort by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
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Notice of Court ProceedingsRead the Press Release
COLUMBIA, SOUTH CAROLINA -- United States Attorney Sherri A. Lydon announced today that a sentencing hearing has been scheduled in the case of United States v. Daniel Edward Johnson, Case No. 3:18-863. Johnson has pleaded guilty to one count of Wire Fraud. Senior United States District Court Judge Cameron McGowan Currie will preside.
WHEN: Tuesday, June 4, 2019, at 2:30 p.m.
WHERE: Courtroom I
Matthew J. Perry, Jr. Courthouse
901 Richland Street
Columbia, South Carolina 29201
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North Suburban Sex Trafficker Sentenced to More Than 27 Years in PrisonRead the Press Release
CHICAGO — A federal judge has sentenced a north suburban man to 27 and a half years in prison for attempting to transport a minor to Wisconsin to engage in prostitution.
DERONARTE NORWOOD, 32, of North Chicago, physically and emotionally harmed the 15-year-old girl after meeting her in 2015. He exploited the girl in graphic online advertisements offering commercial sex, and then sent her to have sex with strangers, leaving her alone in hotel rooms. Norwood pocketed all of the money she made.
Norwood was arrested in October 2016 in Waukegan, and he has remained in custody since then. A federal jury in Chicago last year convicted him of attempting to transport a minor to Wisconsin from Illinois to engage in prostitution. U.S. District Judge Gary Feinerman imposed the 330-month sentence Thursday in federal court.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation. Substantial assistance was provided by the Lake County Special Investigations Group, Winthrop Harbor Police Department, and New Albany, Ind., Police Department.
“Defendant is among those criminals who destroy the lives of our communities’ most precious resource – children,” Assistant U.S. Attorneys Nicole M. Kim and Abigail Peluso argued in the government’s sentencing memorandum. “Defendant was a predator who targeted, assaulted, and repeatedly exploited [the victim].”
If you believe you are a victim of sexual exploitation, you are encouraged to contact the National Center for Missing and Exploited Children by logging on to www.missingkids.com/home or by calling 1-800-843-5678. The service is available 24 hours a day, seven days a week.
North Carolina Man Sentenced to Four Years in Prison for Spousal Rape and Assault on Military BaseRead the Press Release
A North Carolina resident, who previously resided on Joint Base Lewis-McChord (JBLM) with his service member spouse has been sentenced to four years in prison and eight years of supervised release for his rape and brutal assault on his estranged wife, announced U.S. Attorney Brian T. Moran. The couple were in the midst of a divorce but residing in the same residence when JIMMY ANTHONY INDARTE, 28, raped and strangled the victim to unconsciousness. When she regained consciousness, he chased her with a butcher knife. Military police were able to intervene and rescue the victim. At the sentencing hearing U.S. District Judge Benjamin H. Settle said “this is one of the most serious crimes that a person can commit.”
According to records filed in the case, in August 2017, INDARTE and his spouse were in the midst of a divorce, in part, because she had discovered INDARTE had tortured and intentionally killed one or more of the couple’s four puppies they had adopted over the previous 12 months. INDARTE had originally claimed the dogs died accidentally. INDARTE’s spouse discovered videos on INDARTE’s phone showing him raping her while she was unconscious, apparently from medications. When she confronted INDARTE about the videos, he choked her into unconsciousness. When she came to, she was able to call 9-1-1. Before law enforcement arrived, INDARTE chased his spouse through the home with a large kitchen knife. The couple’s three-year-old son was present during the assault.
Following the assault and a no contact order, INDARTE tried repeatedly to contact his former spouse in violation of the order and used falsified emails to try to make it appear the former spouse had fabricated information provided to the FBI. INDARTE used threats to try to convince his former spouse to stop cooperating with law enforcement.
The case is being resolved in federal court, because the rape and assault occurred on JBLM. INDARTE was arrested in December 2017 at his father’s residence in High Point, North Carolina. He has been detained since his arrest. INDARTE pleaded guilty to abusive sexual contact in March 2019.
The case was investigated by the FBI and the Army Criminal Investigation Command (CID).
The case was prosecuted by Assistant United States Attorney Grady Leupold.
Nicaraguan National Pleads Guilty to Conspiring to Distribute Cocaine and Marijuana on the DarknetRead the Press Release
SACRAMENTO, Calif. — Eddy Steven Sandoval Lopez, 23, a Nicaraguan national residing in Sacramento, pleaded guilty today to conspiracy to distribute controlled substances, U.S. Attorney McGregor W. Scott announced.
According to court documents, Sandoval Lopez distributed cocaine and marijuana on a darknet site, Dream Market, using the vendor accounts “CokeWave,” “SafeDealsDirect,” and “HerbanFarmer.” The Dream Market allowed individuals to sell narcotics and other illegal goods and services. In return for his cocaine and marijuana sales, Sandoval Lopez received $97,891 in bitcoin from his customers.
This case is the product of an investigation by the Northern California Illicit Digital Economy Task Force (NCIDE), composed of agents from Homeland Security Investigations, the Federal Bureau of Investigation, the U.S. Postal Inspection Service, and the Drug Enforcement Administration. The NCIDE Task Force is a joint federal task force focused on targeting all forms of darknet and cryptocurrency activity in the Eastern District of California. The Sacramento County Sheriff’s Department also assisted in this investigation. Assistant U.S. Attorneys Grant B. Rabenn and Paul Hemesath are prosecuting the case.
Sandoval Lopez is scheduled for sentencing on August 26 before U.S. District Judge Kimberly J. Mueller. Sandoval Lopez faces a maximum statutory penalty of 20 years in prison and a $1 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
New York man sentenced for cigarette smugglingRead the Press Release
MARTINSBURG, WEST VIRGINIA – John Barrett Fairchild, of East Islip, New York, was sentenced today to three years probation for trafficking cigarettes to avoid paying the cigarette tax, United States Attorney Bill Powell announced.
Fairchild, age 42, pled guilty to one count of “Conspiracy to Evade Tobacco Taxes” and one count of “Contraband Cigarettes Trafficking Act” in December 2017. Fairchild conspired with others to profit from the unlawful sale of contraband cigarettes. He transported large quantities of cigarettes across state lines for redistribution and sale.
The cigarettes were acquired in Virginia, where the tax rate for cigarettes is one of the lowest in the nation, and sold in other states, including New York, which has one of the nation’s highest tax rates. The cigarettes were possessed and transported in West Virginia.
Fairchild was also ordered to pay a $5,000 fine.
Assistant U.S. Attorney Michael D. Stein prosecuted the case on behalf of the government. The Internal Revenue Service Criminal Investigation, Homeland Security Investigations, the Alcohol and Tobacco Tax and Trade Bureau, and the Frederick County, Virginia Sheriff’s Office investigated.
Chief U.S. District Judge Gina M. Groh presided.
New York Fugitive Arrested at Cyril E. King Airport on Bank Fraud and Theft ChargesRead the Press Release
St. Thomas, USVI – Carlos Iglesias, alias "Abraham Reyes", 39, was detained today by Magistrate Ruth Miller, and committed to the custody of the United States Marshals pending his removal to the District of Rhode Island for bank fraud and identity theft charges, United States Attorney Gretchen C.F. Shappert announced.
On Thursday, May 30, 2019, Iglesias was taken into custody by Homeland Security Investigation as he attempted to board a JetBlue flight to New York’s JFK International Airport. Iglesias is wanted in Rhode Island on charges stemming from a 2009 bank fraud conspiracy scheme. According to the complaint, on December 2, 2009 and December 3, 2009, Iglesias and his co-defendant entered Bank of America in Pawtucket, RI and cashed or attempted to cash fraudulent Bank of America cashier's checks. At Bank of America, Iglesias presented a fake United States passport in the name of "Abraham Reyes", with his photograph in it. Iglesias opened a checking account with Bank of America in the name of "Abraham Reyes", then cashed a fraudulent cashier's check in the amount of $65,000 against the account, using the fake passport as identification. Because the branch bank had insufficient funds on hand to honor the cashier's check, Bank of America gave Iglesias two cashier's checks in the amounts of $19,000 and $27,000, both of which Iglesias cashed and kept $19,000 for himself. On a third occasion, Iglesias attempted to cash another fraudulent cashier's check in the amount of $53,000, payable to "Abraham Reyes". Bank of America, upon discovering the check cashing scheme, reported the incidents to the authorities.
According to court records, Iglesias was later interviewed by the Rhode Island State Police and admitted that on three occasions he cashed or attempted to cash fraudulent cashier’s checks at three or four Bank of America branches. Iglesias also told the authorities that he had traveled to Rhode Island from New York to visit a friend who provided him with the fake passport, and offered him $20,000 - $30,000 as payment for cashing the fraudulent checks.
This case is being investigated by Homeland Security Investigation, and is being prosecuted by the Rhode Islands United States Attorney’s Office, and Delia L. Smith, Assistant United States Attorney, Virgin Islands District.
United States Attorney Shappert reminds the public that an indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty.
New Orleans Tax Preparer Charged for Failing to Declare More Than $144,401 in Fees on Tax ReturnRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced the filing on Friday, June 3, 2019 of a one count bill of information charging QUINCY E. IRVIN, age 41 of New Orleans, Louisiana with one count of violating Title 26, United States Code, Section 7206, making false statements on an income tax return.
The bill of information charged IRVIN with failing to declare more than $144,401 in funds on his 2012 individual tax return 1040. IRVIN was self-employed as a tax preparer with Discount Tax Service and Quincy Irvin Tax Service. IRVIN failed to declare the $144,401 in fees he charged to prepare other individual’s tax returns.
The maximum period of incarceration should IRVIN be convicted or plead guilty is 3 years incarceration, a $250,000 fine, the cost of the investigation, as well as restitution to the IRS. U.S. Attorney Strasser emphasized that a bill of information is simply an allegation. Each element of the offense must be proven beyond a reasonable doubt to convict IRVIN.
U.S. Attorney Strasser praised the work of the Internal Revenue Service Criminal Investigation Division for their thorough investigation. The case is being prosecuted by Assistant United States Attorney Carter K.D. Guice Jr.
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New Orleans Man Pleads Guilty to Obtaining Kilograms of Fentanyl Analogue from ChinaRead the Press Release
NEW ORLEANS - U.S. Attorney Peter G. Strasser announced that CARL J. HURST, age 35, of New Orleans, pleaded guilty Friday, May 31, 2019 to one count of conspiring to distribute 100 grams or more of a fentanyl analogue and 100 grams or more of heroin. HURST is facing a mandatory minimum sentence of 10 years’ imprisonment, a maximum sentence of life, a possible fine of up to $10,000,000, and at least five years of supervised release upon his release from prison.
According to court records, HURST conspired with others to order kilograms of acetylfentanyl, an analogue of fentanyl, from a Chinese manufacturer. HURST admitted that he conspired to order up to 9 kilograms of the acetylfentanyl in 2014 and 2015. HURST and his coconspirators mixed the acetylfentanyl with heroin or sold it as a standalone product in the New Orleans area.
U.S. District Judge Ivan L.R. Lemelle will sentence HURST on October 23, 2019.
This prosecution is 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.
U.S. Attorney Strasser praised the work of the Drug Enforcement Administration and the New Orleans Police Department in investigating this matter. Assistant United States Attorneys Brandon Long and Nicholas Moses are responsible for the prosecution.
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Morristown Resident Sentenced to Serve 18 Years in Federal Prison on Methamphetamine Trafficking and Gun CrimesRead the Press Release
GREENEVILLE, Tenn. – On June 3, 2019, Brandon Lee Alexander, 36 of Morristown, Tennessee, was sentenced by the Honorable J. Ronnie Greer, U.S. District Judge, to serve 216 months in federal prison for possession with the intent to distribute 50 grams or more of methamphetamine; possession with the intent to distribute five grams or more of methamphetamine; possession of a firearm in furtherance of a drug trafficking crime; and possession of a firearm by a convicted felon. Alexander was also denied his request for a new trial.
A jury convicted Alexander following a two-day trial that concluded on February 13, 2019. Evidence presented at trial revealed that detectives with the Morristown Police Department were conducting an investigation into Alexander and traffic stopped him in April 2017, where he was found to possess 28 grams of methamphetamine in his waistband; $11,580 cash; and, a loaded semi-automatic pistol. Alexander was arrested and released on bond the following day. In May 2017, Alexander was stopped again and had found to have 100 grams of methamphetamine in his possession.
Alexander was convicted as part of a case brought against a methamphetamine distribution network that was obtaining high-purity methamphetamine from out of state sources and reselling the drug in east Tennessee. In May 2019, two prominent codefendants were sentenced after pleading guilty to conspiring to distribute 50 grams or more of methamphetamine. Pamela Renee Puckett, 49, of Buford, Georgia was sentenced to serve 210 months in federal prison. Thomas Lynn Martin, 48 of Cosby, Tennessee, was sentenced to 21 years in federal prison.
The investigation leading to the indictment was the product of a partnership between the Morristown Police Department, Hamblen County Sheriff’s Department, Grainger County Sheriff’s Office, Cocke County Sheriff’s Office, Newport Police Department, Third Judicial Drug Task Force, Tennessee Highway Patrol, Appalachian High Intensity Drug Trafficking Area - Rocky Top Task Force, Third Judicial District Attorney General’s Office, Fourth Judicial District Attorney General’s Office, U.S. Marshals Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Federal Bureau of Investigation. Assistant U.S. Attorneys Thomas A. McCauley and J. Christian Lampe represented the United States.
This case was a result of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
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Monroe County Man Pleads Guilty and Is Sentenced to 18 Months in Prison for Role in Drug Trafficking ConspiracyRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jace Bradley, age 58, of East Stroudsburg, Pennsylvania, entered a guilty plea on May 30, 2019, and was immediately sentenced by Senior U.S. District Court Judge A. Richard Caputo to 18 months’ imprisonment and four years supervised release for his role in a Monroe County-based cocaine trafficking conspiracy.
According to United States Attorney David J. Freed, Bradley pleaded guilty to conspiring with others to distribute between 500 grams and two kilograms of cocaine, in the Monroe County area between May and July 2015. Bradley was one of eleven individuals indicted by a grand jury in July 2015 and charged with conspiring to distribute powder cocaine, crack cocaine and/or heroin 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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Michigan Practitioner Diversion Awareness TrainingRead the Press Release
News Advisory
Working to reduce prescription drug abuse
GRAND RAPIDS, Mich. – Drug overdoses are the leading cause of injury-related deaths in the United States and every day we see the impact that prescription drug abuse has on our neighborhoods. This crisis is destroying communities throughout our nation. In an effort to address this epidemic, the Drug Enforcement Administration (DEA) and co-sponsor, the Federation of State Medical Boards, present the Michigan Practitioner Diversion Awareness Training.
This invitation-only training is for DEA-registered physicians, dentists, physician assistants and nurse practitioners. The objective is to provide information and tools to address prescription drug abuse and addiction. The training will include topics such as the DEA Diversion Control mission, Michigan Automated Prescription System and state legislative updates, health care fraud and diversion, electronic prescribing, and the physiology of addiction. A positive response is expected from Michigan’s nearly 53,000 practitioners who are currently registered with the DEA.
The Michigan Practitioner Diversion Awareness Training will be held Friday, June 14 from 8:30 a.m. - 5:00 p.m. at Grand Valley State University (Loosemore Auditorium) located at 401 Fulton Street W., Grand Rapids, Michigan 49504. Check-in begins at 7:30 a.m. and a live stream of this event is available to DEA-registered practitioners. Registration for this training is currently closed.
There will be media availability between 7:00 a.m. and 8:15 a.m. Kathy Federico, Diversion Program Manager of the Drug Enforcement Administration, Detroit Field Division, will be in attendance and available for comments to the media after opening event remarks.