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9 May 2019
Department of Justice Files Statement of Interest in Vermont First Amendment Free Exercise CaseRead the Press Release
The Department of Justice today filed a Statement of Interest in the U.S. District Court for the District of Vermont supporting parents and parochial high school students who claim that the State discriminated against them in violation of the Free Exercise Clause of the U.S. Constitution by barring them from a state program paying tuition for high school students to take up to two college courses.
The case, A.M. v. French, involves children attending religious schools who challenge their exclusion from Vermont’s “Dual Enrollment Program.” This program provides Vermont high school students the opportunity to take up to two college courses while still in high school, with tuition paid by the State. It is open to public school students, home school students, and students attending nonreligious private schools who do not have a public high school in their school district. The program, however, excludes those students without public high school in their district who choose to attend private religious schools.
“The Constitution’s First Amendment makes clear that students may not be excluded from education programs like the Dual Enrollment Program because of their religious status or their religious choices,” said Assistant Attorney General Eric Dreiband. “The Department of Justice is committed to ensuring that all persons may participate in benefit programs without discrimination based on their faith.”
“Religious liberty is a fundamental and foundational right in this country,” said Christina Nolan, U.S. Attorney for Vermont. “We support the rights of students to both exercise their religion and participate fully in Vermont’s educational programs. We hope this case advances the twin paramount goals of maximizing educational opportunities for young Vermonters and vigilantly guarding religious freedom.”
The United States’ Statement of Interest emphasizes that excluding parochial school students from the Dual Enrollment Program would provide them with the same secular educational benefit—tuition at various local colleges—offered to other students. Excluding students from this secular benefit because they have chosen religious rather than nonreligious private schools is impermissible. The United States notes that two years ago, in Trinity Lutheran Church of Columbia v. Comer, the Supreme Court held that “denying a generally available benefit solely on account of religious identity imposes a penalty on the free exercise of religion,” and may only be justified by the most compelling governmental interests, which Vermont has not shown.
Today’s filing addresses issues set forth in the Department of Justice’s Guidance on Federal Law Protections for Religious Liberty issued on Oct. 6, 2017 at the direction of President Trump’s May 4, 2017, Executive Order Promoting Free Speech and Religious Liberty. The Department of Justice Guidance states that “government may not target persons or individuals because of their religion” and observes that “constitutional protections for religious liberty are not conditioned upon the willingness of a religious person or organization to remain separate from civil society . . . . Individuals do not give up their religious-liberty protections by providing or receiving social services, education, or healthcare.”
In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together Department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.
Department of Justice Files Lawsuit Alleging Violations of the Fair Housing Act and Americans with Disabilities Act in 82 Apartment Complexes in 13 StatesRead the Press Release
CINCINNATI – The Department of Justice and the U.S. Attorney’s Office for the Southern District of Ohio today announced the filing of a lawsuit against Ohio-based Miller-Valentine Operations Inc. and affiliated companies, owners, developers and builders of 82 multifamily housing complexes located in Illinois, Indiana, Iowa, Kansas, Kentucky, Missouri, North Carolina, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas and West Virginia.
The lawsuit alleges that the defendants failed to design and construct housing units and related facilities to make them accessible to persons with disabilities in compliance with the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). The 82 complexes contain more than 3,000 units that are required by the FHA to have accessible features, and most contain public spaces that are required to comply with the ADA.
According to the government’s complaint, the defendants built many of the complexes with the assistance of federal Low-Income Housing Tax Credits or with the financial assistance of other federal government programs.
“For over two decades federal laws have required multifamily housing complexes to be built with accessible features,” said Assistant Attorney General Eric Dreiband. “The Department of Justice is committed to protecting the rights of persons with disabilities to equal access to housing opportunities, including accessible dwellings and related facilities.”
“We’re in the business of enforcing federal civil rights laws to their fullest extent,” said U.S. Attorney Glassman “It doesn’t matter to us whether the defendant is an individual in a single neighborhood or, as here, a company operating in many states. The complaint that the United States filed today alleges not only that Miller-Valentine designed and built multi-family housing complexes that are not accessible to people with disabilities, but also that Miller-Valentine took public money to build those complexes and yet still built them such that some citizens wouldn’t be able to live there.”
The lawsuit, which was filed in Cincinnati today, alleges that the 82 properties have significant accessibility barriers, including steps leading to building entrances; non-existent or excessively sloped pedestrian routes from apartment units to site amenities (e.g., picnic areas, dumpsters, clubhouse/leasing offices); inaccessible parking; inaccessible bathrooms and kitchens; inaccessible door hardware; and insufficient maneuvering space at unit entrances and entrances to common use areas that make those entrances inaccessible to many people with disabilities.
The lawsuit seeks an order (1) requiring the defendants to bring the properties into compliance with the FHA and the ADA, (2) requiring the defendants to pay monetary damages to persons harmed by the lack of accessibility and civil penalties to the United States to vindicate the public interest, and (3) prohibiting the defendants from designing or constructing future residential properties in a manner that discriminates against persons with disabilities.
The complexes at issue are:
Ohio
- Aspen Grove Apartments, Middletown
- Bent Tree Apartments I, Piqua
- Bent Tree Apartments II, Piqua
- Breckenridge Apartments, Findlay
- Bridge Street Landing, Chillicothe
- Brookdale Trillium Crossing, Columbus
- Brookstone Apartments, Bellefontaine
- Carriage Trails Senior Villas, Huber Heights
- Cedar Trail, Bellbrook
- Cedar Wood Apartments, Mansfield
- Cobblegate Square Apartments, Moraine
- Deerfield Crossing, Lebanon
- Eagles Point Apartments, Kenton
- Faith Community Housing, Crestline
- Fox Run, Trotwood
- Glen Arbors Apartments, Napoleon
- Harbour Cove Apartments, Cincinnati
- Harmony Senior Village, Williamsburg
- Holly Hills Apartments, Jackson
- Hoover Place, Dayton
- Hunter’s Oak Apartments, Greenville
- Indian Trace I, Oxford
- Indian Trace II, Oxford
- Lake Towne Senior, Walbridge
- Lofts at Hoover, Dayton
- Lofts at One West High Street, Oxford
- Lyons Place I, Dayton
- Lyons Place II, Dayton
- Mallard Glen, Amelia
- Mallard Landing, Marion
- Meadow Creek Apartments, Bryan
- Meadow View South, Springboro
- Oak Wood Apartments, Lexington
- Pheasant Run Senior, Dayton
- Pine Ridge, Logan
- Quail Run Apartments, Van Wert
- Queen Esther’s Village, Canton
- Riverside Landing at Delaware Place, Delaware
- Riverview Bluffs, New Richmond
- Sandhurst, Zanesville
- Scioto Woods I, Chillicothe
- Scioto Woods II, Chillicothe
- Siena Village Senior Living, Dayton
- St. Bernard Commons, St. Bernard
- St. Rita’s Senior Housing, Garfield Heights
- Stone Creek Apartments, Moraine
- Sycamore Creek Apartments, Sidney
- Timber Glen II, Batavia
- Timber Ridge Apartments, Dayton
- Timberlake Apartments, Vandalia
- Walnut Run Senior Villas, Cortland
- Waterstone Landing, Perrysburg
- Whitehouse Square Senior Villas, Whitehouse
- Wind Ridge Apartments, Tipp City
- Windsor Place, Beavercreek
- Wright Place Apartments, Xenia
Other states
- Allegheny Pointe, Apollo, Pa.
- Fairway Breeze Apartments, El Reno, Okla.
- Galena Estates, Galena, Kan.
- Gallatin Park Apartments, Gallatin, Texas
- Hampshire Landing, Joplin, Mo.
- Honey Creek, Greenwood, Ind.
- Madison Place Senior, Gastonia, N.C.
- Meadow Vista Senior Villas, Altoona, Iowa
- Mill Pond, Muncie, Ind.
- Oak Ridge Apartments, Nolanville, Texas
- Pinecrest Apartments, Walkertown, N.C.
- Reserve at Oak Spring, Clarksburg, W.Va.
- Reserve at Spencer, Spencer, Okla.
- River Crossing, Charlotte, N.C.
- Silversage Point at Western Center, Fort Worth, Texas
- Summit Pointe, Lawrenceburg, Ind.
- The Enclave at Winston-Salem, Winston-Salem, N.C.
- The Landings at Steele Creek I, Charlotte, N.C.
- The Landings at Steele Creek II, Charlotte, N.C.
- Twin Cedars I, Hickory, N.C.
- Twin Cedars II, Hickory, N.C.
- Twin Lakes Senior Villas, Rantoul, Ill.
- Villas at Twin Cedars, Hickory, N.C.
- Walkers Ridge Apartments, Greensburg, Pa.
- Waterbury Apartments, Decatur, Ind.
- Weaver Farm Apartments, Florence, Ky
Anyone with information about the inaccessible conditions at these properties should call the Department of Justice at 1-800-896-7743, and follow the prompts to enter mailbox number 9996, or send an e-mail to [email protected].
The FHA prohibits discrimination in housing based on disability, race, color, religion, national origin, sex and familial status. Among other things, it requires all multifamily housing constructed after March 13, 1991, to have basic accessibility features, including accessible routes without steps or steep slopes to all ground-floor units. Enacted in 1990, the ADA requires, among other things, that places of public accommodation -- such as rental offices -- at multifamily housing complexes designed and constructed for first occupancy after Jan. 26, 1993, be accessible to persons with disabilities. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt.
The complaint contains allegations of unlawful conduct; the allegations must be proven in court.
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Dentist Pleads Guilty to Running Oxycodone ConspiracyRead the Press Release
NORFOLK, Va. – A Virginia Beach dentist pleaded guilty today to conspiracy to distribute oxycodone pills without a legitimate medical purpose.
“Unethical doctors have no place in our communities,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Hartman used his medical license to push highly addictive pills throughout our community, and deliberately used addicted close friends, other medical professionals, and impoverished patients to obtain these dangerous drugs. Let this prosecution stand as a warning to other medical professional who choose to engage in similar activity: We will not cease our efforts in bringing these types of pill-pushers to justice.”
According to court documents, Gary Hartman, 48, has been a licensed dentist in Virginia since 2002. From 2014 to 2018, Hartman was involved in an elaborate scheme to prescribe oxycodone pills for his personal use and the use of his co-conspirators, which fell into three different categories of individuals. The first category of co-conspirators were close friends of Hartman since high school. Hartman would write prescriptions for oxycodone to his friends without a legitimate medical purpose, the friends would fill the prescriptions, bring back most of the pills for Hartman’s personal use and keep the remainder for their personal use. The second category of co-conspirators was another dentist. Hartman and the other dentist would write prescriptions to each other for oxycodone and muscle relaxants for the personal use of Hartman and the other dentist. The third category of co-conspirators were people who were impoverished. Hartman would promise to perform free dental work on these individuals in exchange for the service of filling prescriptions of oxycodone pills written by Hartman and bringing the pills back to Hartman for his personal use. This conspiracy involved 766 prescriptions written for non-medical reasons and almost 40,000 oxycodone pills.
Hartman pleaded guilty to conspiracy to distribute controlled substances and faces a maximum penalty of 20 years in prison when sentenced on October 2. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement after Senior U.S. District Judge Henry Coke Morgan, Jr. accepted the plea. Assistant U.S. Attorneys William D. Muhr and V. Kathleen Dougherty are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-48.
Citizen of Peru Charged with Illegally Reentering U.S.Read the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that, on May 1, 2019, a federal grand jury in New Haven returned an indictment charging CESAR RUBEN YLLESCAS, 45, a citizen of Peru last residing in Hartford, with one count of illegally reentering the U.S. after being deported.
Yllescas was arrested yesterday in Hartford. He appeared before U.S. Magistrate Judge Donna F. Martinez in Hartford, entered a plea of not guilty to the charge and was ordered detained.
As alleged in court documents and statements made in court, on August 1, 2014, Yllescas was arrested by Hartford Police for possession of narcotics. On December 21, 2015, he pleaded guilty in state court to the drug offense and to a charge of failing to appear for a related court appearance. After serving approximately six months of imprisonment, he was removed to Peru in June 2016.
If convicted of the charge of illegal reentry, Yllescas faces a maximum term of imprisonment of 20 years.
U.S. Attorney Durham stressed that an indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial at which it is the government’s burden to prove guilt beyond a reasonable doubt.
This matter is being investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement. The case is being prosecuted by Assistant U.S. Attorney Margaret E. Maigret.
Chicago Software Developer Sentenced to Prison for Fraudulently Obtaining Federal Grant MoneyRead the Press Release
CHICAGO — A Chicago software developer has been sentenced to three months in federal prison for fraudulently obtaining $200,000 in grant funds from the National Aeronautics and Space Administration and the National Science Foundation.
MIROSLAV VELEV, a mathematician with a doctorate in electrical and computer engineering, operated the Chicago-based software development and consulting company Aries Design Automation LLC, which developed methods to solve electronic design automation problems. Velev sought and obtained federal grant funds for his company through the Small Business Innovation Research program, which provides opportunities for small businesses to participate in federally-sponsored research and development. Aries was awarded a total of $200,000 in grants from NASA and the NSF after Velev made materially false representations about the company’s financial condition.
Velev, 50, of Chicago, pleaded guilty last year to one count of conversion of government funds, a misdemeanor. U.S. District Judge Gary Feinerman on Wednesday sentenced Velev to three months in federal prison. Velev previously paid restitution of $150,000 to NASA and $50,000 to the NSF.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Curtis Vaughn, Special Agent-in-Charge of the Office of Investigations of NASA’s Office of Inspector General, Eastern Field Office; and Jennifer Springmann, Special Agent-in-Charge of the NSF’s Office of Inspector General’s Civil, Criminal and Program Integrity Division.
“Absent Velev’s fraud and false statements, his proposals would not have been approved and he would not have been awarded federal funds,” Assistant U.S. Attorney William R. Hogan, Jr., argued in the government’s sentencing memorandum. “By intentionally deceiving the government, Velev personally benefitted at the expense of another eligible small business, and at the expense of the taxpayers who funded the SBIR program.”
“This investigation exposed an individual that used federal funds to advance his own personal gain,” said SAC Vaughn. “I applaud the outstanding efforts of our agents and law enforcement partners.”
“The Small Business Innovation Research Program is a valuable tool in advancing NSF’s mission to promote the progress of science by increasing opportunities for small businesses to undertake cutting-edge scientific research,” said SAC Springmann. “It is essential to protect the integrity of this program. The NSF Office of Inspector General is committed to vigorously pursuing oversight of these taxpayer funds, and I commend the U.S. Attorney’s Office and our investigative partners for their support in this effort.”
The SBIR program required applicant companies to show independent, third-party investments or commitments of investments in their projects. Velev admitted in a plea agreement that he falsely represented to NASA and the NSF that Aries had received the required independent investment from an individual investor. Velev fraudulently submitted in his grant proposals a screenshot of his company’s bank account that reflected a funds transfer from the purported investor. In reality, the investor did not exist, and Velev had routed his own money into the account to support the false appearance of an investment.
Velev also submitted in his grant proposals an “investment letter” that identified a Chief Financial Officer for the purported investor. In fact, the alleged CFO was an acquaintance of Velev’s wife and had no connection with an investment in Aries.
Cheektowaga Man Sentenced for Buying and Selling Counterfeit AirbagsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Raymond Whelan, 49, of Cheektowaga, NY, who was convicted of conspiracy to traffic in counterfeit goods, was sentenced to serve 24 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that between June 2015 and March 2016 the defendant operated an online automobile parts business known as Rayscarparts71.com. From this website Whelan sold counterfeit automobile air bags bearing counterfeit trademarks of Honda, Toyota, Nissan, Subaru, Mazda, Hyundai, Acura, and Mitsubishi. The counterfeit air bags Whelan sold were obtained from co-defendant David Nichols whose role was to find Chinese supply sources.
In order to avoid detection during importation, the airbags were mislabeled or arrived unassembled. Whelan would then assemble the air bags before selling them even though he had little to no knowledge on how to do so. The air bags were listed on eBay as genuine used airbags designed to fit Honda, Toyota, Nissan, Subaru, Mazda, Hyundai, Acura, and Mitsubishi.
During the investigation, multiple undercover purchases were made from Rayscarparts71 and airbags were seized from the defendant’s business. All the purchased and seized airbags were determined to be counterfeit and none of the automobile manufacturers authorized the defendant to utilize their trademarks.
Whelan imported and sold more approximately 360 counterfeit automobile airbags with an average manufacturer’s retail price of $650.00. The total infringement amount was $236,600.
Co-defendant David Nichols was previously convicted and is awaiting sentencing.Today’s sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly and Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations.
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Carolina Physical Therapy and Sports Medicine, Inc. to Pay $790,000 to Resolve False Billing AllegationsRead the Press Release
COLUMBIA, South Carolina ---- United States Attorney Sherri A. Lydon announced today that the United States Attorney’s Office for the District of South Carolina has resolved claims of health care fraud with Carolina Physical Therapy and Sports Medicine, Inc. (“Carolina PT”). Carolina PT was a chain of nine physical therapy practices headquartered in Columbia, South Carolina, with practice locations in Columbia, Irmo, Lexington, Sumter, and Mount Pleasant.
The United States contended that Carolina PT knowingly submitted claims to Medicare and TRICARE for services provided to multiple patients simultaneously as though the services were being provided by a physical therapist or physical therapist assistant to one patient at a time. As a result, Carolina PT received higher reimbursements than it would have if it had accurately represented the services. Additionally, the United States contended that Carolina PT knowingly submitted claims to Medicare and TRICARE for services provided by physical therapy assistants who were not supervised by a physical therapist, as required. Finally, the United States contended that Carolina PT knowingly submitted claims for attended electrical stimulation services when those services were in reality not attended by a licensed therapist or assistant and should have been billed as a lower cost unattended electrical stimulation service.
This settlement resolves a lawsuit originally filed in the United States District Court for the District of South Carolina by Hilary Moore, a former employee of Carolina PT, under the qui tam or whistleblower provisions of the False Claims Act, which permit private citizens to bring lawsuits on behalf of the United States and share in any recovery. Moore will receive $142,200 from the settlement, and her attorneys will recoup fees from Carolina PT in the amount of $38,000.
“Medical billing fraud drives up the cost of healthcare and diverts critical resources from federal healthcare programs,” U.S. Attorney Lydon said. “Whistle blower suits, like this one, are one of the government’s most effective tools at detecting fraud and protecting the integrity of our burdened healthcare system. The U.S. Attorney’s Office for the District of South Carolina will continue to pursue companies and providers that defraud federal health care programs.”
“Carolina PT inflated bills sent to federal health programs, the government contended,” said Derrick L. Jackson, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services. “People who depend on medical care through these programs, and taxpayers who provide the funding, deserve much better. We will continue to work with the U.S. Attorney and other law enforcement partners to safeguard these services.”
“I applaud the Department of Justice and the U.S. Attorney for their continued efforts to hold health care providers accountable to the American taxpayer,” said Vice Adm. Raquel Bono, director of the Defense Health Agency. “The efforts of the Department of Justice safeguard the health care benefit for our service members, veterans and their families. The Defense Health Agency continues to work closely with the Justice Department, and other state and federal agencies to investigate all those who participated in fraudulent practices.”
The case was investigated by the U.S. Attorney’s Office for the District of South Carolina, the Defense Criminal Investigative Service (“DCIS”) and the U.S. Department of Health and Human Services Office of Inspector General (“HHS-OIG”). The civil settlement was reached by Assistant United States Attorney Beth Warren of the Columbia office.
The claims resolved by this settlement are allegations only and there has been no determination of liability.
If you suspect Medicare or Medicaid fraud please report it by phone at 1-800-447-8477 (1-800-HHS-TIPS), or E-Mail at [email protected].
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Canadian Resident Pleads Guilty to Alien SmugglingRead the Press Release
ALBANY, NEW YORK – Hector Vinicio Howell-Calvo, age 51, a legal resident of Canada and citizen of Costa Rica, pled guilty today to smuggling three Mexican citizens from Canada to the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Steven Bronson, United States Customs and Border Protection Port Director for the Champlain Port of Entry.
During his plea, Howell-Calvo admitted to smuggling three men who were Mexican citizens into the United States in exchange for a total of 9,000 Canadian dollars. Howell-Calvo further admitted that he drove the men from Montreal to the Canadian border just north of Mooers, New York. Howell-Calvo then dropped off the men, who crossed the international border on foot, and intended to pick them up on the United States side of the border, after Howell-Calvo had entered the United States separately through the Mooers Port of Entry.
Sentencing is set for September 18, 2019 before Chief United States District Judge Glenn T. Suddaby. Howell-Calvo faces at least 5 years and up to 15 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by U.S. Customs and Border Protection and U.S. Border Patrol, and is being prosecuted by Assistant U.S. Attorney Shira C. Hoffman.
California Man Charged with Federal Hate Crimes for Poway Synagogue ShootingRead the Press Release
The Department of Justice today charged a California man with federal hate crimes, including the murder of one person and the attempted murder of 53 others, for his actions during the April 27 shooting at the Chabad of Poway Synagogue in California. Assistant Attorney General Eric Dreiband for the Civil Rights Division, U.S. Attorney Robert S. Brewer, Jr. for the Southern District of California, and San Diego FBI Acting Special Agent in Charge Suzanne Turner made the announcement.
“No one in this country should be subjected to violence, injury, or death for who they are or for their religious beliefs,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The Department will vigorously prosecute those who commit hate crimes and acts of domestic terrorism, and we will continue to work with our state and local partners to bring to justice anyone who violates the civil rights of Americans.”
“We will not allow our community members to be hunted in their houses of worship, where they should feel free and safe to exercise their right to practice their religion,” said U.S. Attorney Robert S. Brewer, Jr. “Our actions today are inspired by our desire to achieve justice for all of the victims and their families.”
"The FBI is steadfast in our commitment to gather all the facts and ensure justice is served in this case," said FBI San Diego Acting Special Agent in Charge Suzanne Turner. "As we work together to bring justice and begin the healing process, our community has shown extraordinary strength and unity on so many levels-from our law enforcement partners, diverse faith-based communities, and extending to our citizens and neighbors."
John T. Earnest, 19, of Rancho Peñasquitos, California, was charged by criminal complaint with 109 hate crimes violations.
According to the affidavit in support of the criminal complaint, on April 27, Earnest drove to the Chabad of Poway Synagogue, where members of the congregation were gathered to engage in religious worship celebrating Shabat and last day of Passover. Earnest entered the building armed with an AR-15 style semi-automatic rifle that was fully loaded with a 10-round magazine. He wore a chest rig, which contained five additional magazines, each loaded with 10 rounds of ammunition. The affidavit alleges that while inside the Poway Synagogue, Earnest opened fire, killing one person and injuring three other members of the congregation, including a juvenile. During a pause when Earnest unsuccessfully attempted to reload his firearm, several congregant members, including an off-duty Border Patrol Agent, chased Earnest as he fled from the Synagogue. Earnest fled the scene in his car, but was subsequently apprehended by law enforcement authorities who discovered the AR-15 and additional magazines of ammunition in his car.
The affidavit further alleges that after the shooting, law enforcement investigators found a manifesto online bearing Earnest’s name. A copy of the mainfesto was later found on Earnest’s laptop during the execution of a search warrant. In the manifesto, Earnest made many anti-Semitic and anti-Muslim statements. Specifically, Earnest referred to “Jews” as a race, and he stated his only regret was that he did not kill more people.
According to the affidavit, Earnest also admitted in the manifesto to the arson of an Escondido Mosque in March 2019. The affidavit alleges that on March 24, seven individuals were inside the mosque when they smelled gasoline and saw flames coming through the crack of one of the mosque’s doors. The individuals put out the fire, but not before the fire had damaged the exterior of the mosque. The affidavit further alleges that surveillance video showed a suspect arriving at the mosque in the same type of vehicle Earnest used in committing the attack on the Synagogue. The defendant allegedly claimed in his manifesto that he was inspired by the Tree of Life synagogue shooting in Pittsburgh, Pennsylvania, and the recent shootings at two mosques in New Zealand.
Specifically, the complaint charges 109 hate crimes violations:
- 54 counts of obstruction of free exercise of religious beliefs using a dangerous weapon, resulting in death, bodily injury, and attempts to kill;
- 54 counts of violating the Mathew Shepard and James Byrd Jr. Hate Crimes Prevention Act;
- One count of damage to religious property by use of fire in relation to the attempted arson of the mosque.
Assistant United States Attorneys Shane Harrigan, Peter Ko, John Parmley, and Caroline Han, along with Trial Attorney Rose Gibson of the Civil Rights Division, are prosecuting this case on behalf of the government. The FBI, San Diego Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation.
Earnest faces a maximum possible penalty of death, or life without parole. He is currently in state custody pending state criminal charges.
All charges and the complaint are merely allegations and the defendant is presumed innocent unless proven guilty in a court of law.
Bruce Williams Sentenced to 60 Months in PrisonRead the Press Release
HAMMOND – Bruce Williams, 48 years old, of Gary, Indiana, was sentenced by U.S. District Court Judge James T. Moody after pleading guilty to possession of a firearm in furtherance of a drug trafficking crime, announced U.S. Attorney Kirsch.
Williams was sentenced to 60 months in prison followed by 2 years of supervised release.
According to documents in the case, on October 24, 2017, law enforcement purchased heroin from Williams in Lake Station, Indiana. Williams was in his vehicle at the time and had a handgun inside the vehicle. When law enforcement stopped Williams’ vehicle, they found the handgun.
This case was investigated by the DEA, in conjunction with the Porter County Multi-Enforcement Group and the Indiana State Police with the assistance of ATF. The case was handled by Assistant United States Attorney Jennifer Chang.
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Brooklyn Man Arrested for Drug-Related, Drive-By ShootingRead the Press Release
Earlier today, defendant Steven Bynum was arrested and charged with firing a handgun into a group of people in furtherance of a drug distribution conspiracy on September 10, 2017, when he shot a pregnant innocent bystander in the head during a drug dispute. Bynum’s initial appearance is scheduled for this afternoon before United States Magistrate Judge Peggy Kuo. If convicted of the charges, Bynum faces up to life imprisonment.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, John B. Devito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Field Division (ATF), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges.“As alleged in the complaint, Bynum showed no regard for human life when he opened fire in the middle of the day on a group of people standing on Dean Street in Brooklyn, severely wounding a pregnant bystander,” stated United States Attorney Donoghue. “The Eastern District will continue working tirelessly with our local and federal partners to hold violent drug traffickers responsible for their activities that put the entire community in danger.”
“As alleged, Bynum committed a brazen act of violence that showed a reckless disregard for his fellow citizens,” stated ATF Special Agent-in-Charge Devito. “He is an example of the type of violent individual that presents a clear and present danger to the law abiding people in the community. The ATF-NYPD Joint Robbery Task Force stands committed to protecting the public from individuals like Bynum that spread violence and fear in their community. I would like to thank the United States Attorney’s Office for their work on this case.”“Gun violence has no place in New York City. In working to reduce crime past already record-lows in New York City, the NYPD is relentless in our pursuit of the relatively small percentage of the population driving the violence and disorder. I commend the NYPD detectives, U.S. Attorney for the Eastern District, and the members of ATF, involved in this investigation whose work resulted in this arrest. Together, we are making the safest large city in America even safer,” stated NYPD Commissioner O’Neill.
According to the complaint, on September 10, 2017 at 12:40 p.m., Bynum was driving a silver Nissan Altima when he fired shots toward a group of people standing in front of 2065 Dean Street in Brownsville. A bystander, who was five-months pregnant at the time, was shot in the head, but survived. A witness to the shooting told members of law enforcement that Bynum was attempting to murder another individual in the group because of a dispute over drugs.
The charges announced today are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s International Narcotics & Money Laundering Section. Assistant United States Attorneys Tyler J. Smith and Francisco J. Navarro are in charge of the prosecution.
The Defendant:
STEVEN BYNUM (also known as “Nitty”)
Age: 37
Brooklyn, New YorkE.D.N.Y. Docket No. 18-MJ-427
Brazilian National Sentenced for ATM SkimmingRead the Press Release
BOSTON – A Brazilian national was sentenced yesterday in federal court in Boston for ATM skimming.
Alexandre Kawamura, 43, was sentenced by U.S. District Court Judge Leo T. Sorokin to 30 months in prison, three years of supervised release, and ordered to pay $199,078 in restitution. In February 2019, Kawamura pleaded guilty to two counts of using counterfeit access devices (debit and credit cards), four counts of possessing device-making equipment (ATM skimming devices and pinhole cameras), and two counts of aggravated identity theft. Kawamura, who legally entered the U.S. on a tourist visa, will be subject to deportation after he completes his sentence.
Kawamura placed hidden skimming devices and pinhole cameras on Eastern Bank ATMs in Saugus, Stoneham, Medford, and Everett, every day between February 25 and March 16, 2018, when he was arrested. The purpose of the skimming devices was to record bank account information on the magnetic strips of debit and credit cards that unwitting victims inserted into the ATMs. The purpose of the pinhole cameras was to capture the victims’ PINs as they were entered on the ATM keypads.
On March 8, 2018, Kawamura possessed a counterfeit debit card with a magnetic strip that contained the stolen bank account number of a Milton woman. At an ATM in Malden, Kawamura used the card and the victim’s PIN to withdraw $500 cash from the victim’s account.
On March 16, 2018, Kawamura used a counterfeit credit card to buy clothing at a sporting goods store in Medford. The name on the card was an alias, and the card’s magnetic strip contained the stolen Eastern Bank account number of a Medford man, whose account had been compromised the day before.
Kawamura was arrested on March 16 after a bank customer called police to report that he had found a skimming device on a drive-up ATM at an Eastern Bank branch in Stoneham. Police responded and discovered that the pinhole camera was still attached to the ATM. They set up surveillance and waited for the suspect to return. Kawamura drove up to the ATM in a rental car shortly before 11 pm. He appeared to look for the skimming device and then drove off. Stoneham police stopped the car and discovered that the driver had a Brazilian passport in his real name and had rented the car under an alias. Kawamura was in possession of the counterfeit credit card that he had just used to buy clothing at the sporting goods store.
Prior to skimming in Massachusetts, Kawamura had skimmed ATMs in and around Austin and San Antonio, Texas. He was caught on bank surveillance cameras skimming at University Federal Credit Union and Randolph Brooks Federal Credit Union ATMs in November and December 2017.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit prosecuted the case.
Bentonville Man Sentenced to 7 Years in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Matthew Woodrome, age 36, of Bentonville, Arkansas, was sentenced yesterday to 84 months in federal prison followed by three years of supervised release for one count of Possession of Heroin with Intent to Distribute. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, in July of 2018, detectives with the Rogers Police Department received information that Woodrome was in possession of heroin and that he could be located at a hotel in Bentonville Arkansas. Officers conducting surveillance at the hotel knew Woodrome was on probation and that he had a search wavier on file. Officers observed Woodrome arrive at the hotel and exit his vehicle. Officers made contact with Woodrome and searched his person. The search resulted in officers locating four baggies that contained heroin. The heroin possessed by Woodrome was sent to the DEA Laboratory for testing. The lab determined the substance to be 5.38 grams of heroin.
Woodrome was indicted by a federal grand jury in September 2018, and entered a guilty plea in November 2018.
This case was investigated by the Drug Enforcement Administration (DEA), the Fourth Judicial District Drug Task Force, and the Benton County Sheriff’s Office. Assistant United States Attorney’s Kimberly Harris and Dustin Roberts prosecuted the case for the United States.
Belmont Resident Sentenced to 60 Months for Participating in Fentanyl Trafficking ConspiracyRead the Press Release
CONCORD – Heidi Langevin, 44 of Belmont, New Hampshire, was sentenced to serve 60 months in prison for participating in a fentanyl trafficking conspiracy, United States Attorney Scott W. Murray announced.
According to court documents and statements made in court, Langevin sold fentanyl and methamphetamine to an individual who was cooperating with the FBI on two separate occasions at locations in and around New Hampshire. On May 31, 2017, Langevin arranged for several men to purchase fentanyl from a supplier in Lawrence, Massachusetts. The men drove together from Belmont to Lawrence. In Lawrence, the men met with their drug supplier, purchased a quantity of fentanyl, and then drove back to New Hampshire. On the highway near Derry, the New Hampshire State Police conducted a traffic stop and seized a firearm and a package containing approximately 111 grams of fentanyl.
Langevin previously pleaded guilty on October 30, 2018.
“The five-year prison sentence imposed in this case should send a message to interstate drug traffickers” said U.S. Attorney Murray. “Law enforcement officers are watching and federal prison sentences await those who get caught. We will continue to work closely with the FBI, New Hampshire State Police, Laconia Police Department, and all of our law enforcement partners to identify, prosecute, and incarcerate those who are responsible for bringing deadly drugs into the Granite State.”
“This case is just another example of how the FBI and our law enforcement partners are working together to target and dismantle drug trafficking organizations that are threatening the safety and stability of our neighborhoods,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Our Safe Streets Gang Task Force will continue to aggressively investigate criminal organizations that target our communities with their drug-related activity and ensure they are held accountable.”
This matter was investigated by the FBI, the New Hampshire State Police, and the Laconia Police Department. The case is being prosecuted by Assistant U.S. Attorney Anna Z. Krasinski.
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Beaver County Man Charged with Heroin PossessionRead the Press Release
PITTSBURGH – A Beaver County resident of New Brighton, Pennsylvania has been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
The one-count Indictment, returned yesterday, names Terrance Shelby, 34, of New Brighton as the defendant. According to the Indictment, on February 18, 2019, Shelby possessed with intent to distribute a quantity of heroin.
If convicted, the law provides for a maximum total sentence of not more than 20 years in prison, a fine of up to $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Rebecca L. Silinski is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and Center Township Police Department conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Bank Employee Charged with Fraud; Accused of Laundering Money for Fentanyl TraffickersRead the Press Release
Assistant U. S. Attorney Blanca Quintero (619) 546-7118
NEWS RELEASE SUMMARY – May 9, 2019
SAN DIEGO – Leopoldo Aguilera, a former Wells Fargo personal banker, appeared in federal court today in connection with charges that he used his position to launder millions of dollars for Mexico-based drug traffickers.
Aguilera was arrested by FBI agents on May 2, 2019, on charges of bank fraud for his participation in an international money laundering organization based in Tijuana, Mexico, and which operated primarily in San Diego.
At today’s hearing, U.S. Magistrate Judge Jill L. Burkhardt allowed the defendant to be released on a $40,000 bond secured by two financially responsible adults. The judge also ordered that the defendant be subject to home detention and GPS monitoring.
According to the complaint, Aguilera abused his position of trust as a personal banker with Wells Fargo Bank and aided the money laundering organization by wire transferring millions of dollars to Mexico. The FBI’s investigation linked these funds to the sale of narcotics, specifically the sale of multi-kilogram amounts of fentanyl in the Midwest.
According to the complaint, with the knowledge of the money laundering organization’s structure, scheme, and objectives, Aguilera performed a litany of financial transactions for the criminal organization. For instance, he opened 26 bank accounts at Wells Fargo Bank and executed 229 international wire transfers totaling $7.4 million.
Of the 26 bank accounts that Aguilera opened for the organization, 11 of them were created by Aguilera with fictitious identities. Specifically, Aguilera used his position as a personal banker with Wells Fargo Bank to knowingly enter false names, passport numbers, and dates of birth on the 11 fictitious bank accounts. These fictitious bank accounts alone were used by the criminal organization to wire transfer a total of $3.1 million to Mexico, the vast majority of those wire transfers conducted by Aguilera himself.
As part of the investigation, the FBI identified and seized 17 bank accounts that belonged to the organization and which contained at least $160,000 at the time of the seizure of the funds.
The investigation found that Aguilera had received approximately $4,000 in cash payments from the criminal organization in exchange for his participation in the scheme.
The case was investigated by the FBI San Diego Cross Border Violence Task Force and the U.S. Attorney’s Office for the Southern District of California. The investigation was assisted by the participation of Wells Fargo Bank’s internal investigators in Arizona and California. This case is being prosecuted by Assistant U.S. Attorney Blanca Quintero.
DEFENDANT Case Number: 19-MJ-1801-JLB
Leopoldo Aguilera Age: 57 Tijuana, Mexico
SUMMARY OF CHARGES
Bank Fraud (18 U.S.C. 1344)
Maximum Penalties: Thirty years in prison, $1 million fine
AGENCIES
Federal Bureau of Investigation’s San Diego Cross Border Violence Task Force
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Austin Man Pleads Guilty to Fraudulent Scheme to Solicit Hundreds of Thousands of Dollars in Contributions to Scam-PacsRead the Press Release
An Austin, Texas, entrepreneur pleaded guilty today for fraudulently soliciting hundreds of thousands of dollars in political contributions through several scam-PACs that he founded and advertised as supporting candidates for the Office of the President of the United States during the 2016 election cycle.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division made the announcement.
Kyle Gerald Prall, 40, of Austin, Texas, pleaded guilty to one count of mail fraud before U.S. Magistrate Judge Andrew W. Austin of the Western District of Texas. A sentencing hearing has not yet been scheduled.
“Prall exploited the honest political engagement of countless citizens by representing that his organizations were supporting presidential candidates when in fact he was just stealing contributions,” said Assistant Attorney General Benczkowski. “In addition to cheating people out of their money, fraud committed in connection with our elections corrodes public confidence in our democratic institutions. The Department of Justice is committed to investigating and prosecuting these crimes.”
“Making donations to a political cause, campaign or candidate is an important expression of free speech and a right all Americans should enjoy,” said Special Agent in Charge Combs. “By misappropriating the donations for his own personal use, the defendant not only violated the trust of his victims, he also deprived them of their fundamental right to free speech. The FBI is committed to protecting this right, and holding individuals, like the defendant accountable. Before making donations citizens should be mindful of this unscrupulous fraud scheme and exercise due diligence in researching the legitimacy of an organization.”
According to admissions made in connection with his plea, in 2015 and 2016, Prall created several political committees—including Feel Bern, HC4President and Trump Victory—which he advertised online to solicit contributions purportedly in support of presidential candidates in the 2016 election. Prall advertised that the contributions would be used to support the candidates in various ways, including paying for transportation for voters to the polls; paying for training for volunteers to make phone calls and canvass neighborhoods to support the respective candidates; paying to help voters obtain appropriate identification documents and making contributions directly to one of the candidates and to other organizations supporting his campaign. In reality, Prall did not intend to, and did not, use the contributions for these purposes and instead transferred much of the money to himself through sham LLC accounts and used the other funds to generate additional contributions to his fraudulent political committees. Specifically, Prall admitted that of the $548,428 in contributions, he transferred $205,496 to himself through sham LLCs that he created for the purpose of moving the money, while contributing less than $5,100 to political causes. Additionally, Prall used the political committees’ debit cards to pay for his personal travel and entertainment expenses, such as travel to Jacksonville, Florida and Belize; hotel stays in Miami Beach, Florida, and Austin, Texas; and to pay for food, hookah, alcohol and bottle service, “club dances performed by entertainers,” room service, minibar charges, a deep-tissue massage and a pet-cleaning fee.
As part of his plea, Prall agreed to pay restitution in the amount of $548,428—the total amount he raised—including the forfeiture of the $205,496.68 he transferred to himself through sham LLCs during the scheme.
The FBI’s San Antonio Division is investigating the case. Deputy Chief John D. Keller and Trial Attorney James C. Mann of the Criminal Division’s Public Integrity Section are prosecuting the case.
Attorney General William Barr Meets with Minister of Justice of JapanRead the Press Release
On Friday, May 3, 2019, Attorney General William Barr met with Japanese Minister of Justice Takashi Yamashita at the Justice Department in Washington, DC. The dialogue focused on the nations’ shared commitment to combatting cybercrime and transnational organized crime. The Attorney General and Minister also discussed other areas of law enforcement cooperation between the two countries. The Attorney General welcomed Japan’s recent accession to the United Nations Convention against Transnational Organized Crime (UNTOC).
Photo credit: U.S. Department of JusticeAryan Circle Gang Member Pleads Guilty to Violent Crime in Aid of RacketeeringRead the Press Release
A member of the Aryan Circle gang pleaded guilty today to committing an assault resulting in serious bodily injury to the victim in aid racketeering announced Assistant Attorney General Brian A. Benczowski of the Justice Department’s Criminal Division and U.S. Attorney Jeffrey B. Jensen of the Eastern District of Missouri.
Daniel B. Jerome, 31, of Wentzville, Missouri, committed this aggravated assault on a fellow Aryan Circle gang member in Jefferson County, Missouri, on November 9, 2013. According to the plea agreement, Jerome participated in a “patch-burning,” which included violently assaulting the victim and removing the victim’s gang tattoo using a burning log. Sentencing for Jerome has been scheduled for August 7, 2019, before U.S. District Judge Ronnie L. White for the Eastern District of Missouri.
The plea agreement states that the Aryan Circle is a powerful race-based, multi-state organization that operates inside and outside of state and federal prisons throughout Missouri, Texas, Louisiana and the United States. The Aryan Circle was established in the mid-1980s within the Texas prison system (TDCJ). In recent years, the Aryan Circle’s structure and influence expanded to rural and suburban areas throughout Missouri, Texas and Louisiana. The Aryan Circle emerged as an independent organization during a period of turmoil within the Aryan Brotherhood of Texas (ABT). The Aryan Circle was relatively small in comparison to other prison-based gangs, but grew in stature and influence within TDCJ in the 1990s, largely through violent conflict with other gangs, white and non-white alike.
The plea agreement further indicates that the Aryan Circle enforces its rules and promotes discipline among its members, prospects and associates through murder, attempted murder, assault, robbery and threats against those who violate the rules or pose a threat to the organization. Members, and oftentimes, associates, are required to follow the orders of higher-ranking members without question.
This case is being investigated by an Organized Crime Drug Enforcement Task Force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; Federal Bureau of Prisons; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Texas Department of Public Safety; Houston Police Department-Gang Division; Texas Department of Criminal Justice; New Jersey Department of Corrections-Special Investigations Division and Arnold (MO) Police Department; Jefferson County (MO) Sheriff’s Department; St. Louis Metropolitan Police Department; St. Louis County (MO) Police Department; Montgomery County (TX) Precinct 1 Constable’s Office; Indiana State Police; Indiana Department of Corrections; Carrollton (TX) Police Department; Waller (TX) Police Department; Montgomery County (TX) Sheriff’s Office; Travis County (TX) Sheriff’s Office and the Tarrant County (TX) Sheriff’s Office.
The case is being prosecuted by Trial Attorney Bethany Lipman of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Angie Danis of the Eastern District of Missouri, in cooperation with the U.S. Attorney’s Office of the Western District of Louisiana and the U.S. Attorney’s Office of the Eastern District of Texas.
Aryan Circle Gang Member Pleads Guilty to Violent Crime in Aid of RacketeeringRead the Press Release
A member of the Aryan Circle (AC) gang pleaded guilty today to committing an assault resulting in serious bodily injury to the victim in aid racketeering announced Assistant Attorney General Brian A. Benczowski of the Justice Department’s Criminal Division and U.S. Attorney Jeffrey B. Jensen of the Eastern District of Missouri.
Daniel B. Jerome, 31, of Wentzville, Missouri, committed this aggravated assault on a fellow AC gang member in Jefferson County, Missouri, on Nov. 9, 2013. According to the plea agreement, Jerome participated in a “patch-burning,” which included violently assaulting the victim and removing the victim’s gang tattoo using a burning log. Sentencing for Jerome has been scheduled for Aug. 7, 2019, before U.S. District Judge Ronnie L. White for the Eastern District of Missouri.
The plea agreement states that the AC is a powerful race-based, multi-state organization that operates inside and outside of state and federal prisons throughout Missouri, Texas, Louisiana and the United States. The AC was established in the mid-1980s within the Texas prison system (TDCJ). In recent years, the AC’s structure and influence expanded to rural and suburban areas throughout Missouri, Texas and Louisiana. The AC emerged as an independent organization during a period of turmoil within the Aryan Brotherhood of Texas (ABT). The AC was relatively small in comparison to other prison-based gangs, but grew in stature and influence within TDCJ in the 1990s, largely through violent conflict with other gangs, white and non-white alike.
The plea agreement further indicates that the AC enforces its rules and promotes discipline among its members, prospects and associates through murder, attempted murder, assault, robbery and threats against those who violate the rules or pose a threat to the organization. Members, and oftentimes, associates, are required to follow the orders of higher-ranking members without question.
This case is being investigated by an Organized Crime Drug Enforcement Task Force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; Federal Bureau of Prisons; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Texas Department of Public Safety; Houston Police Department-Gang Division; Texas Department of Criminal Justice; New Jersey Department of Corrections-Special Investigations Division and Arnold (MO) Police Department; Jefferson County (MO) Sheriff’s Department; St. Louis Metropolitan Police Department; St. Louis County (MO) Police Department; Montgomery County (TX) Precinct 1 Constable’s Office; Indiana State Police; Indiana Department of Corrections; Carrollton (TX) Police Department; Waller (TX) Police Department; Montgomery County (TX) Sheriff’s Office; Travis County (TX) Sheriff’s Office and the Tarrant County (TX) Sheriff’s Office.
The case is being prosecuted by Trial Attorney Bethany Lipman of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Angie Danis of the Eastern District of Missouri, in cooperation with the U.S. Attorney’s Office of the Western District of Louisiana and the U.S. Attorney’s Office of the Eastern District of Texas.
Another Kingsmen Motorcycle Club Member Sentenced for RICO ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Edgar Dekay, 38, of Buffalo, NY, who was convicted of RICO conspiracy and possession of firearms in furtherance of drug trafficking, was sentenced to serve 123 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Joseph M. Tripi and Brendan T. Cullinane, who handled the case, stated that the defendant admitted to being a member of the Kingsmen Motorcycle Club (KMC), a criminal organization which engaged in such crimes as distribution of controlled substances, maintaining premises for use and distribution of controlled substances, possession, use and sale of firearms, sales of untaxed cigarettes, and promoting prostitution. The KMC sought to preserve and protect their power, territory, and reputation through intimidation, violence, threats of violence, assaults, attempted murder and murders, and was involved in placing victims, potential victims, potential witnesses, and others in fear of the enterprise, its members, and associates, through violence and threats of violence.
On September 21, 2012, Dekay participated in a drive-by shooting in order to retaliate against a former KMC member who assaulted a KMC Regional President. On that date, the defendant, along with co-defendants Ryan Myrtle, Thomas Koszuta, and others, used firearms to shoot up the house of a former Kingsmen who beat up a KMC Regional President and who stole from the KMC.
On June 7, 2013, Dekay and other KMC members agreed to “shutdown” the Springville KMC Chapter because members of that chapter were loyal to the former KMC National President, who was forced out of the KMC and replaced as National President by David Pirk. As a result, the “shutdown” included Kingsmen members clubbing the former Springville KMC Chapter President victim in the head with a heavy mag light flashlight, forcibly taking property from members of the KMC Springville Chapter, and destroying evidence of the assault and robbery.
Also, on August 3, 2013, the defendant and other KMC members, decided to conduct a drive-by shooting targeting former members of the KMC Springville Chapter. The defendant and others drove to the former Springville KMC clubhouse where the former members were gathered and fired twice towards the group who were outside. One of the shots from the shotgun struck a vehicle which was parked near where one of the targeted former KMC members was standing.
A total of 16 defendants were charged and convicted in this case, including KMC National President David Pirk and Andrew Jenkins who were each sentenced to serve multiple terms of life in prison.
Today’s sentencing is the culmination of an investigation led by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert. Assisting in the investigation were the following: the FBI Knoxville, TN, and Jacksonville, FL Field Offices; Homeland Security Investigations; the Erie County Sheriff’s Office; the Buffalo Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the New York State Police; the Olean Police Department; the Lancaster Police Department; the Amherst Police Department; the City of North Tonawanda Police Department; the Niagara County’s Sheriff’s Office; the Niagara Frontier Transportation Authority Police; the Cattaraugus County Sheriff’s Department; and the Hamburg Police Department.
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Alleged Synagogue Shooter Charged with Federal Hate CrimesRead the Press Release
Assistant U. S. Attorneys Shane Harrigan (619) 546-6981, Caroline Han (619) 546-6968 and Peter Ko (619) 546-7359
NEWS RELEASE SUMMARY – May 9, 2019
SAN DIEGO – The U.S. Department of Justice today charged a Rancho Peñasquitos man with federal hate crimes, including the murder of one person and the attempted murder of 53 others, for his actions during the April 27 shooting at the Chabad of Poway Synagogue.
John T. Earnest, 19, was charged by criminal complaint with 109 hate crimes violations. The complaint alleges that these crimes were motivated by hatred toward the Jewish community.
“We will not allow our community members to be hunted in their houses of worship, where they should feel free and safe to exercise their right to practice their religion,” said U.S. Attorney Robert S. Brewer, Jr. “Our actions today are inspired by our desire to achieve justice for all of the victims and their families.”
“No one in this country should be subjected to unlawful violence, injury, or death for who they are or for their religious beliefs,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The Department will vigorously prosecute those who commit hate crimes and acts of domestic terrorism, and we will continue to work with our state and local partners to bring to justice anyone who violates the civil rights of Americans.”
“The FBI is steadfast in our commitment to gather all the facts and ensure justice is served in this case,” said FBI San Diego Acting Special Agent in Charge Suzanne Turner. “As we work together to bring justice and begin the healing process, our community has shown extraordinary strength and unity on so many levels - from our law enforcement partners, diverse faith-based communities, and extending to our citizens and neighbors.”
According to the affidavit in support of the criminal complaint, on April 27, Earnest drove to the Chabad of Poway Synagogue, where members of the congregation were gathered to engage in religious worship celebrating Shabat and last day of Passover. Earnest entered the building armed with an AR-15 style semi-automatic rifle that was fully loaded with a 10-round magazine.
He wore a chest rig which contained five additional magazines, each loaded with ten rounds of ammunition. The affidavit alleges that while inside the Poway Synagogue, Earnest opened fire, killing one person and injuring three other members of the congregation, including a juvenile. During a pause when Earnest unsuccessfully attempted to reload his firearm, several congregant members, including an off-duty Border Patrol Agent, chased Earnest as he fled from the Synagogue. Earnest fled the scene in his car, but was subsequently apprehended by law enforcement authorities who discovered the AR-15 and additional magazines of ammunition in his car.
The affidavit further alleges that after the shooting, law enforcement investigators found a manifesto online bearing Earnest’s name. A copy of the mainfesto was later found on Earnest’s laptop during the execution of a search warrant. In the manifesto, Earnest made many anti-Semitic and anti-Muslim statements. Specifically, Earnest referred to “Jews” as a race, and he stated his only regret was that he did not kill more people.
According to the affidavit, Earnest also admitted in the manifesto to the arson of an Escondido Mosque in March 2019. The affidavit alleges that on March 24, 2019, seven individuals were inside the mosque when they smelled gasoline and saw flames coming through the crack of one of the mosque’s doors. The individuals put out the fire, but not before the fire had damaged the exterior of the mosque. The affidavit further alleges that surveillance video showed a suspect arriving at the mosque in the same type of vehicle Earnest used in committing the attack on the Synagogue. The defendant allegedly claimed in his manifesto that he was inspired by the Tree of Life synagogue shooting in Pittsburgh, Pennsylvania, and the recent shootings at two mosques in New Zealand.
Specifically, the complaint charges 109 hate crimes violations:
- 54 counts of obstruction of free exercise of religious beliefs using a dangerous weapon, resulting in death, bodily injury, and attempts to kill;
- 54 counts of hate crimes in relation to the shooting in violation of the Mathew Shepard and James Byrd Jr. Hate Crimes Prevention Act; and,
- One count of damage to religious property by use of fire in relation to the attempted arson of the mosque.
When hate crimes are intended to intimidate and coerce a civilian population, they may also be considered acts of domestic terrorism.
Assistant United States Attorneys Shane Harrigan, Peter Ko, John Parmley, and Caroline Han, along with Trial Attorney Rose Gibson of the Civil Rights Division, are prosecuting this case on behalf of the government. The FBI, San Diego Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigations.
Earnest faces a maximum possible penalty of death, or life without parole. He is currently in state custody pending state criminal charges.
The defendant is expected to make his first appearance in federal court on Tuesday May 14 at 2 p.m. before U.S. Magistrate Judge Michael Berg.
*The charges and allegations contained in a complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
DEFENDANT Case Number 19MJ1900
John T. Earnest Age: 19 San Diego, CA
SUMMARY OF CHARGES
Obstruction of Free Exercise of Religious Beliefs Resulting in Death and Bodily Injury; and Involving Attempt to Kill, Use of a Dangerous Weapon - 18 U.S.C. §§ 247(a)(2), 247(d)(1) and 247(d)(3)
Maximum penalty: Life in prison or death and $250,000 fine
Hate Crime Acts – 18 U.S.C. § 249(a)(1)(B)(i)(ii)
Maximum penalty: Life in prison and $250,000 fine
Damage to Religious Real Property Involving Use of a Dangerous Weapon or Fire – 18 U.S.C. §§ 247(a)(1), 247 (d)(3)
Maximum penalty: Twenty years in prison and $250,000 fine
AGENCIES
Federal Bureau of Investigation
San Diego County Sheriff’s Department
San Diego Police Department
Bureau of Alcohol, Tobacco, Firearms and Explosives
San Diego County District Attorney’s Office
Escondido Police Department
A Car Ride Results in Three Months in Prison for Cedar Rapids WomanRead the Press Release
A Cedar Rapids woman who gave a fugitive a car ride to a hotel was sentenced today to three months in federal prison. Saudia Raquel Watkins, age 28, received the prison term after a November 7, 2018, guilty plea to one count of Misprision of a Felony.
In a plea agreement, Watkins admitted that, in November 2016, she provided a car ride to Kelsey Beckett, a federal fugitive felon, to a local motel. Watkins put the motel room in her name. A Deputy U.S. Marshal had warned Watkins in August 2016 that Beckett was a fugitive and that Watkins should contact the Deputy U.S. Marshal if she learned of Beckett’s whereabouts. The Deputy U.S. Marshal also told Watkins there could be criminal charges if she did not do so. Instead of contacting the Deputy U.S. Marshal, Watkins gave Beckett a ride to the motel and smoked marijuana with Beckett in the motel room.
Watkins was released pending her sentencing. In November 2018, after she pled guilty, Watkins tested positive for using marijuana. She then became a fugitive herself. U.S. Marshals apprehended Watkins in February 2018, after nearly two months on the lam.
Watkins was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Watkins was sentenced to three months’ imprisonment. She must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system. Watkins is being held in the United States Marshal’s custody.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the U.S. Marshal’s Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-94.
Follow us on Twitter @USAO_NDIA.
5 Estonian Residents Arrested for Conspiring to Import Carfentanil and Fentanyl into the United StatesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Christopher T. Tersigni, the Special Agent in Charge of the Special Operations Division of the U.S. Drug Enforcement Administration (“DEA”), today announced that Estonian residents JEVGENI BOKOV, VIKTOR LITVINTSUK, AMID MAGERRAMOV, NIKOLAI NIFTALIJEV, and VITALI VORONJUK have been charged in an Indictment filed in Manhattan federal court with narcotics trafficking and money laundering offenses, including conspiracy to import carfentanil and fentanyl into the United States. In the course of the investigation, law enforcement seized more than five kilograms of mixtures and substances containing carfentanil, representing one of the largest seizures of fentanyl analogue in the DEA’s history. The defendants were arrested in Estonia in September 2018, based on the charges in this case. Today, BOKOV, MAGERRAMOV, and VORONJUK were extradited to the United States, and they will be arraigned before U.S. Magistrate Judge Ona T. Wang this afternoon. LITVINTSUK was previously extradited to the United States and arraigned before U.S. Magistrate Judge Henry B. Pitman on February 6, 2019. NIFTALIJEV remains in custody in Estonia, where proceedings for his extradition to the United States are pending. The case has been assigned to U.S. District Judge J. Paul Oetken.
Manhattan U.S. Attorney Geoffrey S. Berman said: “The arrest of these five defendants for allegedly conspiring to traffic large quantities of carfentanil – a drug 1,000 times more potent than heroin – is yet another important case brought by this Office and the DEA in keeping deadly drugs out of our neighborhoods. A key component in battling the opioid epidemic is disrupting the supply chain, and today is another important step in that fight.”
Special Agent in Charge Christopher T. Tersigni said: “Fentanyl and carfentanil are extremely dangerous and deadly. Two milligrams of fentanyl, the amount of two grains of salt, can kill a person, and carfentanil is even more potent. We are pleased to see these individuals brought to justice as we continue to fight to keep this poison out of the United States.”
According to the allegations in the Indictment and the Complaints previously filed against the defendants:[1]
Between October 2017 and August 2018, the defendants conspired to import large quantities of carfentanil and fentanyl into the United States. Carfentanil is a fentanyl analogue approximately 1,000 times more potent than heroin, and is used commercially to sedate large animals, such as elephants. During that period, the defendants participated in a series of recorded meetings and telephone communications with an individual they understood to be affiliated with an international drug trafficking organization, for the purpose of arranging to import narcotics into the United States. That individual was, in fact, a confidential source working with the DEA (the “CS”). LITVINTSUK, MAGERRAMOV, NIFTALIJEV, and VORONJUK prepared and distributed a total of more than five kilograms of substances containing carfentanil for importation into the United States. In addition, BOKOV laundered hundreds of thousands of U.S. dollars, which he understood to be illicit narcotics proceeds, from Europe to the United States.
In mid-October 2017, MAGERRAMOV and BOKOV met together with the CS in a country in Eastern Europe (“Country-1”). During the meeting, the CS informed MAGERRAMOV and BOKOV that the CS was a member of a Colombian drug cartel that distributed narcotics in the United States and laundered the resulting proceeds. Several days later, on October 20, 2017, the CS met with BOKOV to discuss laundering money for the purported cartel. At the meeting, BOKOV agreed to transfer narcotics proceeds for the cartel from Europe to the United States. Between fall 2017 and spring 2018, the CS provided BOKOV with approximately €250,000 in cash, which BOKOV had been informed constituted narcotics proceeds, and BOKOV agreed to transfer the cash to a bank account in New York City, which was in fact controlled by the DEA. Over the course of multiple transactions, BOKOV transferred the funds, less a five percent commission, from Europe to the New York bank account.
Throughout late 2017 and early 2018, the CS also participated in a series of meetings with LITVINTSUK, MAGERRAMOV, NIFTALIJEV, and VORONJUK to discuss narcotics transactions. During the meetings, LITVINTSUK, MAGERRAMOV, NIFTALIJEV, and VORONJUK agreed to provide the CS with fentanyl in a country in Europe (“Country-2”), with the understanding that the fentanyl would be transported to the United States, mixed with heroin and other controlled substances, and sold to the cartel’s customers in New York City, among other places.
In May 2018, MAGERRAMOV coordinated the delivery of samples of carfentanil to the CS in Country-2. On May 9, 2018, MAGERRAMOV, NIFTALIJEV, and VORONJUK delivered three samples of narcotics to an agreed-upon location in Country-2. The three samples were seized by law enforcement, tested in a laboratory, and found to contain approximately 550 grams of mixtures and substances containing carfentanil. The CS later informed MAGERRAMOV that the three samples had been transported to the United States, that the purported cartel was satisfied with the quality of the narcotics, and that the CS wanted to purchase additional carfentanil from MAGERRAMOV and his associates.
In late May 2018, MAGERRAMOV arranged to have additional carfentanil delivered to the CS for importation into the United States. On May 30, 2018, VORONJUK delivered a package of narcotics to an agreed-upon location in Country-2. The package was seized by law enforcement, tested in a laboratory, and found to contain approximately 5.2 kilograms of mixtures and substances containing carfentanil. The CS subsequently reported to MAGERRAMOV that the carfentanil had been transported to the United States.
During June and July 2018, the CS continued to meet and communicate with the defendants about arranging additional narcotics transactions in the future and payment for the carfentanil that had been delivered. On July 17, 2018, the CS provided BOKOV with approximately $20,000, and BOKOV agreed to transfer that money to an account controlled by MAGERRAMOV, with the understanding that the $20,000 payment was for additional carfentanil that would be imported into the United States.
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BOKOV, 44, MAGERRAMOV, 38, NIFTALIJEV, 32, and VORONJUK, 36, all of Estonia, and LITVINTSUK, 39, of Russia, are charged with one count of conspiring to import 100 grams and more of carfentanil and 400 grams and more of fentanyl into the United States, and to manufacture and distribute 100 grams and more of carfentanil and 400 grams and more of fentanyl, intending that the narcotics would be imported into the United States. That charge carries a maximum sentence of life imprisonment and a mandatory minimum sentence of 10 years’ imprisonment. LITVINTSUK, MAGERRAMOV, NIFTALIJEV, and VORONJUK are also charged with two counts of manufacturing and distributing 100 grams and more of carfentanil, intending that it would be imported into the United States, each of which carries a maximum sentence of life imprisonment and a mandatory minimum sentence of 10 years in prison. BOKOV is further charged with two counts of money laundering, each of which carries a maximum sentence of 20 years in prison. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
Mr. Berman praised the outstanding efforts of the DEA’s Special Operations Division; the DEA’s Country Office in Copenhagen, Denmark; the United States Marshals Service; the U.S. Department of State, Diplomatic Security Service; the Estonia Central Criminal Police; the Estonia Office of the Prosecutor General; the Estonia Ministry of Justice; and the U.S. Department of Justice’s Office of International Affairs.
This case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Shawn G. Crowley and George D. Turner are in charge of the prosecution.
The charges contained in the Indictment and Complaints are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the texts of the Indictment and Complaints charging the defendants constitute only allegations, and every fact described should be treated as an allegation.
29 Defendants Taken Off the Streets of North AlabamaRead the Press Release
BIRMINGHAM – An effort focused on reducing violent crime in North Alabama resulted in federal charges against 29 defendants, announced U.S. Attorney Jay E. Town, Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
The U.S. Attorney’s Office and ATF joined with the Madison County Sheriff’s Office, Huntsville Police Department, City of Madison Police Department, Madison County District Attorney’s Office, Marshall County Sheriff’s Office, Marshall County District Attorney’s Office, Guntersville Police Department, DeKalb County Sheriff’s Office, DeKalb County District Attorney’s Office, Morgan County Sheriff’s Office and Jackson County Sheriff’s Office in an intense effort to charge violent offenders and take guns off the streets.
“Violent crime and violent criminals, especially our worst offenders, continue to be our highest priority for prosecution,” Town said. “It is my judgment that the law abiding public deserves the continued best efforts and partnerships of law enforcement to rid our streets of these violent criminals, these repeat offenders, and these trigger-pullers. Once convicted, these habitual felons will be rewarded with neatly tucked bedding awaiting them in a state or federal penitentiary. Our communities are safer due to the relentless and tireless work of the ATF and so many other of our local, state, and federal partners.”
The majority of the defendants charged are violent offenders. Below are some of the noteworthy investigations.
Roger Johnson: A pipe bomb detonated in the vicinity of a Jackson County Deputy and Johnson’s mother in relation to a civil dispute. Luckily, no injuries were sustained.
Daniel Steele: Agents recovered numerous unregistered machine guns, to include a Colt belt-fed .50 caliber machine gun, smoke grenades and templates for Glock conversion devices from Steele. Steele had no prior criminal history and was not on anyone’s radar.
Barry Williams, Melvin Rolin, Marcus Kyle and Britney Black: Members of the Froggy Drug Trafficking Organization (DTO). In an interview with ATF, Rolin stated he was responsible for distributing at least 200 kilograms of methamphetamine in North Alabama within a two-year period, as the head of the DTO. Numerous firearms were recovered from the DTO, to include a converted AK-47 machine gun that ATF seized in Tennessee.
Victor Ortiz-Castillo: Illegal alien in possession of a firearm after he was involved in a shooting at a residence in Huntsville.
Rex Tidmore: He is a prior felon who had numerous firearms, an underground marijuana grow, and an outside marijuana grow. He was indicted for felon in possession, possession of a firearm in furtherance of a drug trafficking crime, and possession with intent to distribute a controlled substance.
In FY18, the United States Attorney’s Office Northern District of Alabama prosecutions of illegal firearms cases rose 27% to 286, which is the largest number of illegal firearms prosecutions ever recorded in the Northern District of Alabama and accounted for about half of all federal prosecutions by the United States Attorney’s Office. The previous high was 225, which was recorded in FY17. Nationally, the prosecution of illegal firearms defendants accounts for approximately 1 in 6 of all federal prosecutions. Project Safe Neighborhoods, the premier violent crimes reduction program reinvigorated by the Department of Justice in 2017, has continued to focus on habitual felony offenders engaged in violent behavior and the Department continues to break its own records for federal prosecutions as a result.
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8 May 2019
Wichita Man Sentenced on Federal Gambling, Tax ChargesRead the Press Release
WICHITA, KAN. – A Wichita man was sentenced Tuesday to serve 24 months of federal probation on federal gambling and tax charges, U.S. Attorney Stephen McAllister said. In addition, the defendant agreed to pay more than $117,000 in restitution.
Daven Flax, 48, Wichita, Kan., pleaded guilty to two counts of illegal gambling and one count of making a false tax statement. In his plea, Flax admitted he operated an illegal gambling business in Wichita. He conducted and managed illegal poker games at numerous locations in the city. His income came from taking a cut or “rake” from the amount of money wagered. He was responsible for paying employees including dealers, waitresses and caterers as well as paying for the use of commercial properties where poker games were held. The games were not open to the public. Only gamblers who were invited could play.
In addition, Flax worked as a sub-bookie for co-defendant Danny Chapman’s sports betting operation.
Flax failed to pay federal income taxes on approximately $346,000 in income from illegal gambling.
McAllister commended the FBI, the Internal Revenue Service, the Wichita Police Department, Assistant U.S. Attorney Aaron Smith and Assistant U.S. Attorney Mona Furst for their work on the case.
Weston Resident Sentenced to Federal Prison for Two Bank Robberies and Attempted CarjackingRead the Press Release
A Weston resident was sentenced today to federal prison for two bank robberies and an attempted carjacking.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Anthony W. Rosa, Chief, Sunrise Police Department, and Rick Maglione, Chief, Fort Lauderdale Police Department, made the announcement.
David Brasher, 36, of Weston, Florida, pled guilty on February 22, 2019, to two counts of bank robbery, in violation of Title 18, United States Code, Section 2113(a) and one count of attempted carjacking, in violation of Title 18, United States Code, Section 2119(1). U.S. District Judge William P. Dimitrouleas sentenced Brasher to a total of 66 months in prison, to be followed by 3 years of supervised release. Brasher was also ordered to pay a total of $18,826 in restitution.
According to the court record, including the agreed upon factual proffer, on October 30, 2018, Brasher, robbed a teller at a Wells Fargo Bank in Sunrise, Florida. Brasher gave the teller a note demanding money and stating he had a bomb. Brasher raised his shirt and displayed what the teller believed was the handle of a handgun. Brasher fled the bank with $18,613.
On November 6, 2018, Brasher robbed a teller at a Bank of America in Fort Lauderdale, Florida. Brasher gave the teller a note demanding money and stating he had a bomb and a gun. Brasher fled the bank with $2,815.
On November 6, 2018, about four hours after the Bank of America robbery, Brasher approached a woman and her minor daughter in a parking lot in Fort Lauderdale, Florida. Brasher raised a beer bottle, demanded the keys to the woman’s car, and said he would kill her if she refused. The woman yelled for help and her husband, who was a short distance away, ran to her aide, punching Brasher in his head. Brasher then fled on foot.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI, Sunrise Police Department and Fort Lauderdale Police Department in this matter. This case was prosecuted by Assistant U. S. Attorney William T. Shockley.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Wausau Man Sentenced to 11 Years for Methamphetamine ConspiracyRead the Press Release
Madison, Wis. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Antron Allen, 34, Wausau, Wisconsin, was sentenced today by U.S. District Judge James D. Peterson to 11 years in federal prison for conspiracy to distribute 50 grams or more of pure methamphetamine. Allen pleaded guilty to this charge on November 28, 2018.
On April 17, 2018, officers with the Wausau Police Department observed Allen and his co-defendant Nathaniel Drow sitting in a vehicle in a parking lot in Wausau. Officers were aware that Drow and Allen both had active arrest warrants. As law enforcement officers approached the vehicle, Drow jumped out of the passenger seat and dropped a small baggie containing methamphetamine. Officers searched the entire vehicle and found approximately 200 grams of methamphetamine located in the front passenger door. Officers later searched Allen’s cell phone and discovered that Allen and Drow had been working together to sell methamphetamine in Wausau for at least a couple of weeks.
In imposing the sentence, Judge Peterson noted that Allen’s long criminal history, spanning nearly 20 years, showed he is a dangerous and irresponsible person. Judge Peterson also stated that Allen had established a pattern of continuously committing crimes shortly after being released from prior prison terms.
Drow was sentenced on November 8, 2018, to 10 years for his role in the conspiracy.
The charges against Allen and Drow were the result of an investigation by the Wausau Police Department and Federal Bureau of Investigation. The prosecution of this case has been handled by Assistant U.S. Attorney Aaron D. Wegner.
Watkins Glen Man Going to Prison on Methamphetamine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Wiesner, 32, of Watkins Glen, NY, who was convicted of attempted possession with intent to distribute 50 grams or more of methamphetamine was sentenced to 130 months In prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that On May 16, 2018, a package from California was sent to the defendant at his home in Watkins Glen. Inspectors with the U.S. Postal inspection Service obtained a search warrant for the package, which was found to contain approximately 55 grams of crystal (pure) methamphetamine. Wiesner contacted the Watkins Glen Post Office on several occasions between May 16, 2018, and May 22, 2018, attempting to locate and pick up the package. On May 23, 2018, the defendant went to the Watkins Glen Post Office and retrieved a package that was filled with sham. Shortly after exiting the post office, Wiesner was arrested. The defendant admitted that he purchased the methamphetamine from the dark web, and that he intended to sell it.
The sentencing is the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin, with assistance from the New York State Police.
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U.S. Department of Justice releases additional Filip factor guidanceRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler is pleased to announce that the Department of Justice (DOJ) has issued new guidance on how corporate compliance programs will be evaluated by DOJ. The Southern District of Indiana personally participated in the Department’s April 30, 2019 launch efforts in Washington, D.C.
The new DOJ guidance is intended to provide greater transparency into prosecution decisions and updates previous February 2017 guidance described when Department prosecutors conduct investigations of corporations. The Justice Manual considerations focus on “the adequacy and effectiveness of the corporation’s compliance program at the time of the offense, as well as at the time of a charging decision.”
The Southern District of Indiana (SDIN) was one of twenty-two in the country represented at the recent Criminal Division rollout addressing this guidance. USA Minkler appointed First Assistant United States Attorney Cynthia J. Ridgeway to represent the district and engage with Fraud Section leaders and private sector compliance representatives.
The Department’s guidance document, entitled “The Evaluation of Corporate Compliance Programs,” may be viewed at https://www.justice.gov/opa/pr/criminal-division-announces-publication-guidance-evaluating-corporate-compliance-programs. USA Minkler will be convening a private sector seminar in the coming months to discuss the three basic, overarching questions Department lawyers will contemplate:
- Is the corporate compliance program well designed?
- Is the program being applied earnestly and in good faith?
- Does the compliance program work in practice?
U.S. Attorney’s Office Announces Conviction of Christian Dawkins and Merl Code for Bribing NCAA Division I Men’s College Basketball CoachesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today the conviction of CHRISTIAN DAWKINS and MERL CODE for conspiring to bribe various NCAA Division I men’s college basketball coaches. DAWKINS was additionally found guilty of a substantive count of bribery. The defendants were convicted after a two-and-a-half week trial before U.S. District Judge Edgardo Ramos.
DAWKINS and CODE were both previously convicted for their roles in a scheme to defraud an Adidas-sponsored university by funneling payments from Adidas to the family of a high-school college basketball player and then concealing those payments from the school.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Today, Christian Dawkins and Merl Code were found guilty a second time for their roles in corrupting the world of college basketball, in this case for conspiring to bribe multiple Division I men’s basketball coaches. And while their convictions mark the culmination of the criminal charges announced by this Office in September 2017, they should also make clear to those who might be tempted to engage in the sort of misconduct these prosecutions have only begun to expose: that bribery is a crime, one this Office is prepared to charge criminally and prosecute to the full extent of the law.”
According to the allegations contained in the Complaint, Indictment, Superseding Indictment, and evidence presented during the trial in Manhattan federal court:
Overview of the Scheme
DAWKINS and CODE agreed to pay bribes to various NCAA Division I men’s college basketball coaches in exchange for those coaches’ exerting their influence over the student-athletes that they coached in order to retain the services of DAWKINS and a new sports management business (the “Dawkins Company”) that he had recently started.
Prior to founding the Dawkins Company, from 2015 until May 2017, DAWKINS worked for a major sports agency recruiting high school and college basketball players as clients. In connection with his work for the sports agency, DAWKINS paid bribes to Lamont Evans, who at the time was an assistant coach at the University of South Carolina, in order for Evans to exert his official influence over student-athletes he coached to retain the services of the sports agency that employed DAWKINS. DAWKINS subsequently introduced Louis Martin Blazer III, a financial advisor who, unbeknownst to DAWKINS, was cooperating with the Government, and Munish Sood, another financial advisor, to Lamont Evans in order for them to continue paying bribes to him.
In May 2017, DAWKINS was terminated from his job at the sports agency and started the Dawkins Company with Munish Sood and another investor who, unbeknownst to DAWKINS, was an undercover law enforcement officer (“UC-1”). In order to recruit future clients, DAWKINS proposed, among other things, paying bribes to coaches at various NCAA Division I universities so that these coaches would steer their student-athletes to retain the services of the Dawkins Company. DAWKINS thereafter proposed paying bribes to Emanuel “Book” Richardson, an assistant coach at the University of Arizona. Soon thereafter, DAWKINS arranged for Richardson to travel to New York City in order to receive a $5,000 cash bribe. Weeks later, Richardson requested an additional $15,000 from DAWKINS, which Richardson said he would use in order to secure the commitment of a top high school basketball player to attend the University of Arizona, who Richardson would then steer to retain the services of DAWKINS and his company. DAWKINS arranged for UC-1 and Sood to pay Richardson an additional $15,000 cash bribe in New Jersey in July 2017.
In June 2017, DAWKINS introduced Sood, UC-1, and Blazer, among others, to MERL CODE, who at the time was a consultant for Adidas, in order for CODE to work with the Dawkins Company to recruit future clients. During the initial meeting, DAWKINS, CODE, Sood, Blazer, and UC-1 discussed, among other things, CODE’s ability to identify and connect the Dawkins Company with corrupt college basketball coaches willing to accept money. At the end of the meeting, CODE received a $5,000 cash payment from UC-1 on behalf of the Dawkins Company.
In July 2017, DAWKINS and CODE discussed by telephone, among other things, CODE introducing UC-1 to various men’s college basketball coaches at an upcoming recruiting event in Las Vegas, Nevada, and that CODE would be paid $5,000 for each men’s college basketball coach that he introduced to DAWKINS and UC-1. CODE later sent a text message to DAWKINS containing a list of coaches that CODE had set up meetings with in Las Vegas, including the dates and times of each of the meetings, for the purpose of DAWKINS and his company arranging to bribe them. In advance of the meetings, CODE advised UC-1 and DAWKINS that they should tell the coaches they would meet with that they would be available to provide them with money in the future, including with respect to any future financial needs these coaches had in connection with recruiting.
In Las Vegas, several coaches received cash bribes during their meetings with DAWKINS in exchange for agreeing to use their influence to steer players on their teams to the Dawkins Company. In particular, Anthony Bland, an assistant coach at the University of Southern California, and an assistant coach from Creighton University -- two of the coaches that were on the list of meetings that CODE sent to DAWKINS by text message -- met with DAWKINS, UC-1, and Blazer in Las Vegas in July 2017 and accepted cash bribes. During the meeting in Las Vegas, Bland accepted a cash bribe and confirmed that he would use his influence to steer student-athletes at the University of Southern California to retain the Dawkins Company. During the same trip to Las Vegas, DAWKINS, Blazer, and UC-1 also met with a third coach from Texas Christian University and paid this coach a cash bribe, as well.
After these meetings, and consistent with the bribery scheme, DAWKINS continued to discuss with these corrupt college coaches players that they could steer to DAWKINS and his new company. For example, in August 2017, Bland, facilitated meetings between DAWKINS, Sood, and the family members of a then-current student-athlete on the University of Southern California men’s basketball team, as well as a family member of a different student-athlete who was a rising freshman planning to play for the University of Southern California men’s basketball team the next season. During a meeting on the campus of the University of Southern California in August 2017, Bland also informed DAWKINS and Sood that if they continued to fund payments to family members of University of Southern California men’s college basketball players and recruits that Bland would use his position as an assistant coach in order to influence these players to retain the Dawkins Company.
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DAWKINS, 26, of Atlanta, Georgia, and CODE, 45, of Greer, South Carolina, were each convicted of one count of conspiracy to commit bribery, which carries a maximum sentence of five years in prison. DAWKINS was also convicted of a substantive bribery count, which carries a maximum sentence of 10 years in prison. DAWKINS and CODE were acquitted of the other charges in the Indictment. Both defendants will be sentenced before Judge Ramos at a future date.
Mr. Berman praised the work of the FBI and the Special Agents of the United States Attorney’s Office for the Southern District of New York.
The case is being handled by the Office’s Public Corruption Unit. Assistant United States Attorneys Robert L. Boone, Noah Solowiejczyk, and Eli J. Mark are in charge of the prosecution.
U.S. Attorney's Office to Host Central Reentry Job Fair & ExpoRead the Press Release
Columbia, South Carolina – United States Attorney Sherri A. Lydon announced today that the United States Attorney’s Office for the District of South Carolina; the South Carolina Department of Probation, Parole and Pardon Services; SC Department of Employment and Workforce; SC Works; SC Vocational Rehabilitation; SC Department of Social Services; and the United States Probation Office are continuing their statewide partnership to help individuals with prior criminal backgrounds secure employment.
The Third Annual Central Reentry Job Fair & Expo will be held Wednesday, May 15, 2019, from 10:00 am to 1:00 pm at the Dutch Square Mall, located at 421 Bush River Road, Columbia, SC 29210.
This job fair, which is intended as a resource for Midlands residents, is part of a series of events held annually in Florence, the Midlands, the Lowcountry, and the Upstate. The partner organizations have tailored the expo to help people with a criminal record overcome the particular obstacles they face after returning home.
The fair and expo will include area employers friendly to hiring individuals with a criminal background and other organizations who provide resources for returning citizens.
Professional dress is required. As always, the event will feature workshops on how to seek expungements and pardons of prior criminal convictions.
Interested employers or vendors should inquire with Rosalind Harps at (803) 313-7386 or [email protected]. Job seekers should contact Jake Bookard of the United States Probation Office at [email protected]; or George Whitehead of the South Carolina Department of Probation, Parole and Pardon Services at (803) 734-9143, (803) 667-1258, or [email protected] with questions about the event.
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U.S. Attorney's Office Hosts Roundtable on Sexual Harassment in HousingRead the Press Release
MADISON, WIS. – The U.S. Attorney’s Office for the Western District of Wisconsin and the Justice Department’s Civil Rights Division hosted a roundtable today for community organizations to discuss the problem of sexual harassment in housing, U.S. Attorney Scott C. Blader announced. The event hosted organizations who routinely work with vulnerable populations most likely to become victims of sexual harassment in housing, including legal aid offices, fair housing organizations, and shelters and transitional housing providers.
The Department of Justice, through the U.S. Attorneys’ Offices and the Civil Rights Division, enforces the federal Fair Housing Act, which prohibits discrimination in housing on the basis of race, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act.
“Sexual harassment in housing is often underreported, but it is an egregious violation of the Fair Housing Act,” U.S. Attorney Blader said. “My office is dedicated to uncovering such violations where they exist and vigorously enforcing the law.”
Today’s roundtable is part of the Justice Department’s Sexual Harassment in Housing Initiative. It seeks to identify barriers to reporting sexual harassment in housing, increase awareness of enforcement efforts – both among survivors and those to whom they report – and collaborate with federal, state and local partners to increase reporting and help survivors quickly and easily connect with federal resources.
While most people are familiar with the problem of sexual harassment in the workplace, harassment also occurs in housing, and the Fair Housing Act prohibits it. The Justice Department brings cases each year involving various illegal conduct, including allegations that defendants have exposed themselves sexually to current or prospective tenants, requested sexual favors in exchange for reduced rents or making necessary repairs, made unrelenting and unwanted sexual advances to tenants, and evicted tenants who resisted their sexual overtures. Many instances of sexual harassment in housing continue to go unreported. The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years or decades and identify numerous victims who never reported the conduct to federal authorities.
In October 2017, the Justice Department launched an initiative to combat sexual harassment in housing. In April 2018, the Department announced the nationwide rollout of the initiative, including three major components: a new joint Task Force with the Department of Housing and Urban Development to combat sexual harassment in housing, an outreach toolkit to leverage the Department’s nationwide network of U.S. Attorney’s Offices, and a public awareness campaign, including the launch of a national Public Service Announcement.
Since launching the initiative, the Justice Department has filed nine lawsuits alleging a pattern or practice of sexual harassment in housing. The Justice Department has filed or settled 14 sexual harassment cases since January 2017, and has recovered over $2.2 million for victims of sexual harassment in housing.
The Justice Department’s Civil Rights Division enforces the Fair Housing Act and the Equal Credit Opportunity Act, which prohibit discrimination in housing and lending. More information about the Civil Rights Division and the laws it enforces is available at https://www.justice.gov/crt . Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination can call the Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at [email protected], or contact HUD at 1-800-669-9777 or through its website at https://www.hud.gov/program_offices/fair_housing_equal_opp .
Individuals who believe they may have been victims of discrimination may also file a complaint with the U.S. Attorney’s Office at 222 West Washington Avenue, Suite 700, Madison, WI, 53703; ATTN: Civil Rights Coordinator.
U.S. Attorney Announces Indictments for Gun and Drug Crimes in Washington CountyRead the Press Release
MARIETTA, Ohio – Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, today announced three indictments against alleged drug dealers in Marietta and Washington County.
Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration (DEA), Jonathan McPherson, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Marietta Police Chief Rodney Hupp, Washington County Sheriff Larry R. Mincks, Sr., Rocky Nelson, Executive Director, Ohio Attorney General Dave Yost’s Organized Crime Investigations Commission (OCIC), and officials in the Major Crimes Task Force joined U.S. Attorney Glassman in announcing the charges.
The first indictment charges Andrew Lee McCarty, 30, with conspiracy and illegal distribution of heroin, fentanyl and methamphetamine. The crime has a maximum punishment of 20 years in prison.
The second indictment charges Darren M. Edwards, 54, with unlawful possession and distribution of more than 50 grams of methamphetamine, and illegal possession of a firearm. If convicted, Edwards faces at least five years and up to 40 years in prison.
The third indictment charges Darren C. Dunkle, 43, with possession and distribution of methamphetamine. That crime is punishable by at least five years and up to 40 years in prison.
Agents and officers arrested Dunkle and Edwards last week. McCarty was transferred into federal custody today. They will be taken to Columbus to appear before a U.S. Magistrate Judge.
U.S. Attorney Glassman commended the investigations by the DEA, ATF, Marietta Police, Washington County Sheriff’s Office, OCIC and the agencies participating in the Major Crimes Task Force. Those agencies include the Belpre Police Department, Marietta Police Department, McConnelsville Police Department, Morgan County Prosecutor’s Office, Morgan County Sheriff’s Office, Noble County Prosecutor’s Office, Noble County Sheriff’s Office, Washington County Prosecutor’s Office and the Washington County Sheriff’s Office.
Glassman also commended Assistant U.S. Attorney Kevin Kelley, who is representing the United States in these cases.
An indictment merely contains allegations, and the defendants are presumed innocent unless proven guilty in a court of law.
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Two Leaders of ‘Jugging’ Crew Sentenced in Federal CourtRead the Press Release
Two leaders of a Houston-based robbery conspiracy were sentenced to more than a dozen years in prison each this week, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Chrisheena Ladale Milburn, 28, of Houston, and her brother, Brandon Chermaine Mallet, 32, of Missouri City, Texas, pleaded guilty in July 2018 to one count of conspiracy to interfere with commerce by robbery and two counts of interference with commerce by robbery for their role in spate of local “juggings.”
“Jugging” refers to a scheme in which a group of perpetrators follows bank customers suspected of having large containers of cash – often small business owners – leaving financial institutions. At the customers’ next location, the group takes the money by force, either by confronting victims or by breaking into their vehicles.
On Wednesday, U.S. District Judge Ed Kinkeade sentenced Ms. Milburn to 220 months (18 years, 4 months) and Mr. Mallet to 170 months (14 years, 2 months) in federal prison.
The FBI began investigating this conspiracy – which eventually netted 13 defendants – after the Dallas area experienced a surge in jugging offenses in 2016 and 2017.
Ms. Milburn, Mr. Mallet, and two others were first arrested by Dallas Police Department in June 2016, while fleeing from a robbery. Ms. Milburn, Mr. Mallet, and three others were arrested again in July 2017 during a DPD undercover sting targeting jugging activity.
Through various investigative techniques, the FBI tied the Houston-based crew to an estimated 30+ jugging offenses in the Dallas area. The FBI concluded that the crew had taken more than three-quarters of a million dollars, primarily from Dallas-area small business owners and operators.
Thirteen defendants were charged in federal court. Eleven have pleaded guilty.
Previously sentenced co-defendants include:
• Jarvis Broussard — 90 months
• Gemarcus Dontae Earl — 72 months
• Christian Demond Gilbert — 50 months
• Randy Lamark Hammond — 50 months
• John Christopher Jones — 180 months
• Tony Jarel Russell — 65 months
• Fernando Rafael Taylor — 60 months
• Jonathan Walker — 50 months
Charges remain pending against three defendants in connection with the conspiracy.
This is believed to be the first federal prosecution of a jugging robbery conspiracy in the nation.
“These defendants were systematically harming small business owners, who represent a backbone of Dallas’ economy,” said U.S. Attorney Erin Nealy Cox. “I’m proud of the prosecutors, agents, and officers who helped us bring justice in this milestone case.”
“FBI Dallas and its local partners worked together through our Violent Crimes Task Force to combat the threat of jugging and dismantled this criminal enterprise," said FBI Dallas Acting Special Agent in Charge Michael Schneider. "We will continue to pursue criminals with all available resources at our disposal and remain determined to eradicate violent crime from our streets."
In 2017, the FBI Violent Crimes Task Force received reports of in excess of 80 jugging robberies in the Dallas area. The FBI received a report of only one jugging robbery in 2018.
However, the agency urges the banking public to remain vigilant.
The Federal Bureau of Investigation conducted the investigation with assistance from the Dallas, Garland, Irving, and Richardson Police Departments. Assistant United States Attorneys Brian McKay and Sid Mody are prosecuting the case.
Third and Final Former 5LINX Owner Sentenced for Wire Fraud and Tax Charge for His Role in Multi-Million Dollar Marketing SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jason Guck, 43, of Victor, NY, who was convicted of conspiracy to commit wire fraud and filing a false tax return for the year 2012, was sentenced to serve seven months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that in 2001, Guck, Craig Jerabeck, and Jeb Tyler started 5LINX Enterprise, Inc. (5LINX), a multi-level marketing company headquartered in Rochester, NY, which offered utility and telecommunications services, health insurance, nutritional supplements and business services. 5LINX used independent representatives to sell products and services and to recruit additional representatives. Jerabeck was President and Chief Executive Officer, Guck was Vice President and Secretary, and Tyler was Vice President of 5LINX.
In June 2006 and July 2006, Guck, Tyler, and Jerabeck sold 5LINX stock for $5,500,000 to three investment companies, Trillium Lakefront Partners III, L.P.; Trillium Lakefront Partners III, NY L.P.; and Shalam Investment Co., L.L.C. (collectively known as "the Investors"). Guck admitted in the plea agreement that from in or about May 2010 to April 2016, 5LINX sold and distributed products for a Florida vendor. Guck, along with Tyler and Jerabeck, and without the knowledge of the Investors, Board of Directors, or other stockholders, conspired and agreed to cause the Florida vendor to pay them personally or companies they owned approximately $2,310,510, which their Stockholders Agreements prohibited them from receiving. 5LINX, its investors, as owners between 2006 and January 2014, and as creditors thereafter, and stockholders were entitled to and should have received such funds instead of defendant, Guck, and Tyler.
Assistant U.S. Attorney Resnick further stated that Guck solely owned YaYa Holdings Corporation. Guck provided material false information on YaYa Holdings, Inc.’s federal tax returns for the fiscal years ending July 31, 2012, and 2013, and failed to file corporate returns for the fiscal years ending July 31, 2014, and 2015. In addition, for fiscal years ending July 31, 2012, and 2013, Guck failed to report income the corporation received from 5LINX. Also, for the fiscal years ending July 31, 2014, and 2015, the corporation had income that Guck should have reported on corporate tax returns for those years. The false returns and failure to file returns resulted in a tax loss of approximately $778,718.
In addition, Guck will forfeit various assets previously seized by the government, totaling to approximately $53,000.
Craig Jerabeck and Jeb Tyler were previously convicted and also sentenced to serve 14 months in prison.
Today’s sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Investigations, under the direction of Special Agent-in-Charge Gary Loeffert, and the Internal Revenue Service, Criminal
Investigation Division, under the direction of Acting Special Agent-in-Charge Jonathan D. Larsen, New York Field Office.
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Texas Man Pleads Guilty to Conspiring to Provide Material Support to a Foreign Terrorist OrganizationRead the Press Release
A Fort Worth man today pleaded guilty to a federal terrorism charge, announced Assistant Attorney General for National Security John C. Demers and U.S. Attorney Erin Nealy Cox for the Northern District of Texas.
Michael Kyle Sewell, 18, who was arrested in February, formally pleaded guilty to conspiracy to provide material support to Lashkar-e-Taiba, a Pakistani-based foreign terrorist organization also known as LeT.
According to court documents, Sewell admitted to encouraging an individual, identified in court documents only as coconspirator 1, to join LeT.
Sewell then provided the coconspirator, who he spoke to on social media, with contact information for an individual he believed could facilitate the coconspirator’s travel to Pakistan to join LeT. Unbeknownst to Sewell and the coconspirator, the facilitator was an undercover FBI agent.
Sewell and the coconspirator discussed what the coconspirator should say to the undercover agent who posed as the facilitator, in order to gain the facilitator’s trust and be permitted to join LeT. Sewell also contacted the facilitator to vouch for the coconspirator’s authenticity.
Sewell now faces up to 20 years in federal prison and a fine of up to $250,000. He will be sentenced on Aug. 12, 2019 in Fort Worth.
The Federal Bureau of Investigation and its Joint Terrorism Task Force members, including the Arlington Police Department, the Fort Worth Police Department, the Tarrant County Sheriff’s Office, the Naval Criminal Investigation Service, Homeland Security Investigations, and the Texas Department of Public Safety conducted the investigation. Assistant U.S. Attorney Jay Weimer prosecuted the case with the assistance of Trial Attorney Bridget Behling of the National Security Division's Counterterrorism Section.
Texas Man Pleads Guilty for Role in Interstate Marijuana Trafficking ConspiracyRead the Press Release
PORTLAND, Ore.—Trent Lamar Knight, 31, of Houston, Texas, pleaded guilty today for his role in a conspiracy to traffic marijuana grown in Portland to Texas.
Drug proceeds, in the form of bulk U.S. currency, were returned to Oregon via U.S. mail and passenger luggage on commercial airlines. As part of this investigation, federal authorities have seized approximately 11,000 marijuana plants, 546 pounds of processed marijuana, more than $2.8 million in cash, 51 firearms, 26 vehicles, trailers, pieces of heavy equipment, a yacht, and three houses used as marijuana grow sites, all since August 2017.
Knight pleaded guilty to one count each of conspiring to manufacture, possess with intent to distribute, and distribute marijuana, maintaining drug-involved premises and using and carrying a firearm during and in relation to a drug trafficking crime.
Conspiring to manufacture, possess with intent to distribute, and distribute marijuana and maintaining drug involved premises carries a maximum sentence of 40 years in prison, a $5 million fine and a lifetime of supervised release. Using or carrying a firearm in relation to a drug trafficking crime carries a maximum sentence of life in prison with a mandatory minimum of seven years, a $250,000 fine and five years’ supervised release.
Knight will be sentenced on August 14, 2019 before U.S. District Court Judge Robert E. Jones.
As part of his plea agreement, Knight has agreed to forfeit any criminally-derived proceeds and property used to facilitate his crimes identified by the government prior to sentencing.
Co-defendants Brittany Lesanta Kizzee, 28, of Houston, Paul Eugene Thomas, 38, and Raleigh Dragon Lau, 33, both of Portland; and Cole William Griffiths, 30, of Hood River, Oregon have all pleaded guilty on related charges. Griffiths and Thomas will be sentenced on August 5 and 6, 2019, respectively. Kizzee and Lau will both be sentenced on August 7, 2019. Finally, co-defendant Jody Tremayne Wafer, 29, also of Houston, is scheduled for trial on June 18, 2019.
This case was investigated by the U.S. Drug Enforcement Administration, IRS Criminal Investigation, Homeland Security Investigations and the FBI. It is being prosecuted by the U.S. Attorney’s Office for the District of Oregon.
This case was brought as part of the Justice Department’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the department’s strategy for reducing the availability of drugs in the U.S. OCDETF was established in 1982 to mount a comprehensive attack on drug trafficking by disrupting and dismantling major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in coordination with state and local law enforcement.
St. Albans Man Sentenced for Theft of Social Security Income BenefitsRead the Press Release
CHARLESTON, W.Va. – Joseph McLaughlin was sentenced to six months of federal incarceration, to be followed by six months of home confinement at a drug rehabilitation shelter in Beckley, West Virginia for the felony offense of fraudulently obtaining Social Security Administration benefits, announced United States Attorney Mike Stuart. McLaughlin, 38, of St. Albans, West Virginia will also be required to serve an additional three years on supervised release. He was further ordered by the Court to pay restitution to the United States Treasury in the amount of $121,436. The investigation was conducted by the Social Security Administration’s Office of the Inspector General (OIG) and the Social Security Administration.
“For years McLaughlin continued to receive federal benefits to which he was not entitled,” said United States Attorney Mike Stuart. “Social Security fraud is rampant in West Virginia and we are doing everything we can to hold fraudsters accountable.”
McLaughlin applied for Title II Social Security Administration (SSA) benefits in 2007 for the care of a child as the child’s representative payee. These Social Security representative payee benefits are based on income and living arrangements and create a duty on the recipient to report a change in living arrangements. There is also a requirement that the SSA money received actually be used for the well-being of the child. McLaughlin indicated that the child resided with him and he used the SSA benefits for the child’s care. In fact, McLaughlin’s child had moved out in 2011 and was no longer residing with him. The absence of the child would have ended the amount of money he was receiving every month from the Social Security Administration as the child’s representative payee. From April 2011 through February 2017, McLaughlin received at least $121,436 in Social Security benefits in excess of the amount he was due and that were not spent on the child. On August 15, 2017, McLaughlin gave a detailed statement to federal investigators with the OIG. McLaughlin admitted that he was receiving money that he was not entitled to receive and that the child had moved out of the home in 2011.
Assistant United States Attorney Erik S. Goes handled the prosecution. United States District Judge John T. Copenhaver Jr. presided over the hearing.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Springfield Man Pleads Guilty to Narcotics, Money Laundering, and Firearms OffensesRead the Press Release
BOSTON - A Springfield man pleaded guilty in federal court in Springfield on Monday, May 6, 2019, to his role in a firearms, narcotics, and money laundering conspiracy.
Dinelson Dinzey, 35, pleaded guilty to an Information charging him with one count of conspiracy to distribute heroin, cocaine, and 280 grams or more of crack cocaine; five counts of distribution and possession with intent to distribute heroin, cocaine, and crack cocaine; two counts of money laundering conspiracy; one count of conspiracy to engage in the unlicensed dealing of firearms; one count of engaging in the unlicensed dealing of firearms; and one count of being a felon in possession of a firearm. U.S. District Court Judge William G. Young scheduled Dinzey’s sentencing for Sept. 4, 2019. Dinzey and seven others were charged in a superseding indictment on Dec. 21, 2018.
According to court documents, Dinzey and co-defendant Nia Moore-Bush obtained narcotics in the Springfield area, transported the narcotics to Vermont themselves or via couriers, and distributed the drugs in the Barre area, where drug prices are much higher than in Springfield.
Dinzey then conspired to launder the proceeds of the drug sales through bank accounts allegedly held by another co-defendant, Daphne Moore, in trust for Moore-Bush. Court records state that the organization would make cash deposits in Vermont, and Moore-Bush and Moore would facilitate the withdrawal of those funds from the accounts in Massachusetts. Dinzey also conspired with Moore-Bush to launder drug proceeds through the purchase of an Audi vehicle.
It is alleged that Dinzey further conspired with Moore-Bush and others to engage in the unlicensed dealing of firearms and to participating in a May 5, 2017, firearms sale. According to court documents, federal agents traced six firearms involved in this conspiracy to individuals connected to Vermont or New Hampshire. Dinzey also pleaded guilty to being a felon in possession of the firearms sold on May 5, 2017. Court documents indicate that Dinzey has been convicted of felony drug offenses in state courts on three prior occasions.
The charge of conspiracy to distribute and possess with intent to distribute 280 grams or more of cocaine base carries a mandatory minimum sentence of 15 years and up to life in prison, at least 10 years of supervised release, and a fine of up to $20 million. Each money laundering conspiracy charge carries a sentence of no greater than 20 years in prison, up to three years of supervised release, and a fine of up to $500,000. The charges of conspiring to engage in the unlicensed dealing of firearms and engaging in the unlicensed dealing of firearms, provide for a sentence of no greater than five years in prison, up to three years of supervised release, and a fine of up to $250,000. The charge of being a felon in possession of a firearm, carries a sentence of at least 15 years and up to life in prison, up to three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Field Division, made the announcement. Valuable assistance was provided by the Internal Revenue Service’s Criminal Investigations in Boston, the Massachusetts State Police, the Vermont State Police, the Montpelier (VT) and Barre (VT) Police Departments. Assistant U.S. Attorneys Katharine A. Wagner of Lelling’s Springfield Office and Amy Harman Burkart of Lelling’s Boston Office are prosecuting the cases.
The details contained in the indictment are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
South Florida Patient Recruiter Sentenced for Role in $1.6 Million Kickback SchemeRead the Press Release
A South Florida patient recruiter was sentenced to 87 months in prison today for her role in a scheme involving approximately $1.6 million in Medicare claims for home health care services that were procured through the payment of kickbacks.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office and Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.
Yamilet Diaz, 50, of Hialeah, Florida, was sentenced by U.S. District Judge James I. Cohn of the Southern District of Florida. After a four-day trial in February 2019, which Judge Cohn presided over, Diaz was convicted of one count of conspiracy to defraud the United States and to receive health care kickbacks and four counts of receiving health care kickbacks.
According to evidence presented at trial and at sentencing, from approximately February 2012 to August 2013, Diaz received kickbacks in return for referring Medicare beneficiaries to five South Florida home health agencies to serve as patients. The evidence established that Diaz and her co-conspirators caused Medicare to make over $1.6 million in payments to the home health agencies based upon claims for home health services submitted on behalf of the beneficiaries recruited by Diaz. The evidence further established that Diaz personally benefited from the fraud and received at least $710,000.
This case was investigated by the FBI with support from HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. The case was prosecuted by Trial Attorneys Patrick Mott, John (Fritz) Scanlon and Timothy Loper of the Fraud Section. Assistant U.S. Attorney Leslie Wright of the District of Massachusetts, formerly with the Fraud Section, previously worked on the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
South Bend Man Sentenced to 120 Months in PrisonRead the Press Release
SOUTH BEND –Rashee Herron, age 27, of South Bend, Indiana, was sentenced before United States District Court Judge Robert L. Miller, Jr., upon his plea of guilty to possessing with intent to distribute fentanyl and possessing one or more firearms in furtherance of a drug trafficking crime, announced U. S. Attorney Kirsch.
Herron was sentenced to 120 months in prison followed by 4 years of supervised release.
According to documents in this case, this case stems from a local investigation into heroin and fentanyl distribution. On July 10, 2018, an undercover investigator ordered drugs by calling a phone number that they believed was associated with a drug dealer called “Ace”. Mr. Herron, later identified as “Ace”, arrived at the meeting place and met with the officer. Herron was holding baggies apparently containing drugs but ended the meeting when the officer refused Herron’s demand to use some of the drugs in front of him. Later the same day, investigators arranged another controlled purchase of drugs. This time, Herron’s co-defendant arrived and sold approximately 1 gram of fentanyl in exchange for $140. The co-defendant was driving the same car Herron used a short time earlier. On July 13, investigators searched a house in South Bend pursuant to a warrant. In the bedroom shared by Herron and his co-defendant investigators found almost 100 grams of fentanyl, 2 loaded handguns, scales, marijuana, a money counter and more than $30,000 cash.
The case was investigated by the ATF with the assistance of the South Bend Police Department and was handled by Assistant United States Attorneys Joel Gabrielse and Molly Donnelly.
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Six Men Charged for Role in Five-Year High-Yield Investment Fraud SchemeRead the Press Release
Six men were charged in an indictment unsealed today for their alleged participation in a five-year high-yield investment fraud scheme.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Erin Nealy Cox of the Northern District of Texas and Inspector in Charge Delany DeLeon-Colón of the U.S. Postal Inspection Service’s Criminal Investigations Group in Washington, D.C., made the announcement.
Cengiz Jan “CJ” Comu, 58, of Dallas, Texas; John Mervyn Price, 63, also of Dallas; Harley E. “Buddy” Barnes, III, 60, of Plano, Texas; Richard Laurence Kadish, 57, of Miami, Florida; Richard Lawrence Green, 69, also of Miami; and Daniel Thomas Broyles Sr., 61, formerly of Malibu, California, were charged in an indictment returned in the Northern District of Texas with one count of conspiracy to commit mail and wire fraud, 10 counts of mail fraud and 10 counts of wire fraud. Price and Barnes were arrested and appeared Monday before U.S. Magistrate Judge Renee H. Toliver of the Northern District of Texas. Comu was arrested and appeared on Wednesday, also before Judge Toliver. Kadish was arrested and appeared Wednesday in Miami before U.S. Magistrate Judge Jacqueline Becerra of the Southern District of Florida. Kadish was arrested and appeared Wednesday in Fort Lauderdale before U.S. Magistrate Judge Lurana S. Snow of the Southern District of Florida. A trial date has not yet been set.
Broyles, who was previously indicted in the Western District of North Carolina for his role in another high-yield investment fraud scheme, also remains a fugitive.
“These individuals are charged with making multiple false and fraudulent representations as part of a five-year fraud scheme that ripped off investors, many of whom were elderly,” said Assistant Attorney General Benczkowski. “The indictment unsealed today underscores the Criminal Division’s commitment to combating high-yield investment fraud, which often targets and victimizes some of the most vulnerable members of our community.”
“The defendants peddled an absurd get-rich-quick scheme, deceiving hundreds of hardworking Americans,” said U.S. Attorney Erin Nealy Cox. “We will not stand for this type of blatant fraud.”
“Anyone who engages in deceptive securities practices needs to know they will not go undetected and will be held accountable,” said Inspector in Charge DeLeon-Colón. “The Postal Inspection Service has been investigating crimes like the ones alleged here for many years. Our duty is to protect investors and defend the integrity of the marketplace and the U.S. Mail.”
The indictment alleges that, beginning in 2013, Comu, Price, Barnes, Kadish, Green and Broyles conspired to sell stock in EarthWater, a United Kingdom company headquartered in Dallas County, Texas. EarthWater manufactured and sold bottled water that it claimed was infused with special minerals mined from an 80-million-year-old deposit hidden in a secret location.
According to the indictment, Comu, who is EarthWater’s founder, chairman and chief executive officer, falsely represented to victim investors that he was a successful Wall Street veteran with decades of experience and did not disclose to investors that, among other things, he was permanently barred from selling unregistered securities as a result of actions filed by state and federal securities regulators.
The indictment further alleges that, to induce victims to purchase EarthWater stock, Comu, Price, Barnes, Kadish, Green, Broyles, and others made numerous false and misleading representations, including that victim investors only had a brief opportunity to purchase EarthWater stock for anywhere from $.10 to $.50 per share in an unregistered offering before EarthWater launched an initial public offering (IPO) or was acquired by a large well-known company and EarthWater’s stock price would increase anywhere from 10- to 50- times the purchase price. In reality, EarthWater allegedly never initiated an IPO, or a merger or acquisition.
The indictment also alleges that defendants falsely represented to victim investors that EarthWater would use 90 percent of invested funds to grow its business and expand operations, and that any fees paid to broker-dealers with respect to the sale of EarthWater stock would not exceed 10 percent of the purchase price of the shares. In reality, Comu, Price and Barnes allegedly agreed to split victim investors’ funds 50-50 with Kadish, Green, Broyles and other individuals who sold EarthWater stock. As a result, nearly half of all of the money victims invested in EarthWater allegedly went directly into the pockets of the individuals who sold them the stock.
In addition, according to the indictment, the defendants also falsely represented to victim investors that Comu, Price and Barnes did not receive salary from EarthWater in 2014, 2015 or 2016. In reality, Comu, Price and Barnes allegedly used EarthWater’s investment account as a personal piggybank, using victim investor funds for their own personal benefit and transferring victim investor funds to bank accounts controlled by them for their own personal use.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the U.S. Postal Inspection Service. Trial Attorneys Christopher Fenton and William Bowne of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Mary F. Walters of the Northern District of Texas are prosecuting the case.
The Criminal Division’s Fraud Section plays a pivotal role in the Department of Justice’s fight against white collar crime around the country.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.
Sauk Rapids Man Indicted on 33 Counts of Filing False Tax ReturnsRead the Press Release
United States Attorney Erica H. MacDonald today announced a 33-count indictment charging ADAM M. LASHINSKI, 40, with filing false tax returns. LASHINSKI will make his initial appearance in U.S. District Court at a later date.
According to the allegations in the indictment, LASHINSKI, who falsely claimed to be a certified public accountant, prepared and filed dozens of fraudulent federal individual income tax returns for his acquaintances between 2013 and 2015. The charges state that LASHINSKI repeatedly filed returns in the names of the taxpayers that omitted taxable income and claimed false adjustments, deductions, and business expenses, which resulted in larger refunds than what the taxpayers were actually entitled to receive. To obtain additional profits beyond the small payments LASHINSKI received from the taxpayers for his services, the indictment alleges that LASHINSKI filed documentation with the IRS to cause portions of the fraudulent refunds to be paid directly into his personal bank account.
This case is the result of an investigation conducted by the Criminal Investigation Division of the IRS, with assistance from the Minnesota Department of Revenue.
These cases are being prosecuted by Assistant U.S. Attorney Robert M. Lewis.
Defendant Information:
ADAM M. LASHINSKI, 40
Sauk Rapids, Minn.
Charges:
- Filing false tax returns, 33 counts
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Salina Man Married to Pharmacist Got His Drugs from HerRead the Press Release
WICHITA, KAN. – A Salina man unlawfully received controlled prescription drugs from his wife, who was a pharmacist, U.S. Attorney Stephen McAllister said.
Dalton R. Hartley, 29, Salina, Kan., pleaded guilty Tuesday to one count of acquiring controlled substances through fraud. Hartley is married to co-defendant Kirsty C. Hartley, who worked at a CVS Pharmacy in Salina. In his plea, Dalton Hartley admitted he fraudulently received 450 tablets of hydrocodone with acetaminophen and 360 tablets of alprazolam from his wife. He would consume the medication himself or trade tablets to other people for marijuana.
Hartley admitted he knew his wife was altering legitimate prescriptions in order to divert the medications to him.
Co-defendant Kirsty Hartley pleaded guilty last month to one count of distributing and dispensing controlled substances without a legitimate medical reason. She admitted unlawfully dispensing more than 21,000 tablets of hydrocodone with acetaminophen.
Both parties have agreed to recommend the Hartleys be sentenced to 18 months of house arrest with 200 hours of community service. Kirsty Hartley has surrendered her pharmacist license.
McAllister commended the Salina Police Department, the Drug Enforcement Administration and Assistant U.S. Attorney Mona Furst for their work on the case.
Queens Immigration Attorney Sentenced to Five Years in Prison for Operating Asylum Fraud SchemeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that ANDREEA DUMITRU, a/k/a “Andreea Dumitru Parcalaboiu,” an immigration attorney based in Queens, New York, was sentenced to five years in prison in connection with her operation of a scheme to submit fraudulent asylum applications to United States immigration authorities. DUMITRU was convicted on November 19, 2018, of asylum fraud, making false statements to immigration authorities, and aggravated identity theft following a two-week trial before U.S. District Judge Lewis A. Kaplan, who imposed today’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Using lies and forgery, Andreea Dumitru, an immigration attorney, cheated the nation’s asylum program. For her crimes, Dumitru will now spend five years in prison.”
According to the Superseding Indictment, other filings in Manhattan federal court, and the evidence presented at trial:
Between 2013 through 2017, DUMITRU operated a scheme to submit fraudulent I-589 Forms in connection with applications for asylum. Specifically, DUMITRU submitted more than 100 applications in which she knowingly made false statements and representations about, among other things, the applicants’ personal narratives of alleged persecution, criminal histories, and travel histories. DUMITRU deliberately fabricated detailed personal stories of purported mistreatment of her clients, forged her clients’ signatures, and falsely notarized affidavits.
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In addition to the prison term, DUMITRU, 43, of Queens, New York, was sentenced to one year of supervised release, and was ordered to forfeit $157,500.
Mr. Berman praised the outstanding investigative work of Homeland Security Investigations and United States Citizenship and Immigration Services, and thanked the Federal Bureau of Investigation and the United States Department of Justice’s Executive Office for Immigration Review for their assistance.
This case is being prosecuted by the Office’s General Crimes Unit. Assistant U.S. Attorneys Nicholas W. Chiuchiolo, Alison G. Moe, and Robert B. Sobelman are in charge of the prosecution.
Pueblo Bishop Bloods Gang Member Convicted at Retrial in RICO Case for Ambush Murder of Man in Front of His 2-Year-Old SonRead the Press Release
LOS ANGELES – A member of the Pueblo Bishop Bloods street gang has been found guilty by a jury for the second time of racketeering offenses that included the slaying of a man in front of the victim’s 2-year-old son.
Rondale Young, a.k.a. “Pueblo Grump,” 36, of South Los Angeles, was found guilty on Tuesday after a two-week trial. United States District Judge S. James Otero has scheduled an October 7 sentencing hearing, at which time Young is expected to receive a sentence of life in federal prison.
The federal jury convicted Young of conspiring to violate the Racketeer Influenced and Corrupt Organizations Act (RICO) in relation to the August 2, 2009 murder of Francisco Cornelio, a 23-year-old man with no gang affiliation who was shot to death at point-blank range while vacuuming his car and in front of his young son. The jury also found Young guilty of conspiracy to commit a violent crime in aid of racketeering (VICAR); VICAR murder; and possessing, using and discharging a firearm resulting in death in relation to a crime of violence.
According to the evidence presented at trial, on the day of Mr. Cornelio’s murder, Young, accompanied by other armed gang members, drove his car into rival gang territory, seeking retaliation for a fatal drive-by shooting of a Pueblo Bishop gang member. Mr. Cornelio was targeted simply because he was of Hispanic descent and was in rival gang territory. Local authorities originally charged Young in 2009 with killing Mr. Cornelio, but he was acquitted by a state jury.
An August 2010 indictment charged Young and 44 other members and associates of the gang with being members of a criminal enterprise that engaged in drug dealing, firearms trafficking, murder, witness intimidation and armed robbery as part of the gang’s efforts to control and terrorize the Pueblo Del Rio Housing Projects in South Los Angeles.
In 2013, Young was convicted of racketeering charges in connection to the indictment and Mr. Cornelio’s murder and was sentenced to life in federal prison. That conviction was vacated in 2017 by the U.S. Court of Appeals for the Ninth Circuit, which cited evidentiary errors during the first trial. The case was sent back to the district court for a retrial. Young has been in federal custody since the 2010 indictment.
With Young’s conviction, all 45 defendants charged in this matter have been convicted of federal RICO and related charges, and have been held responsible for multiple murders.
This matter was investigated by the Federal Bureau of Investigation; the Los Angeles Police Department; the United States Department of Housing and Urban Development, Office of Inspector General; the California Department of Corrections and Rehabilitation; and the Los Angeles County District Attorney’s Office.
This case is being prosecuted by Assistant United States Attorney Mack E. Jenkins, Chief of the Public Corruption and Civil Rights Section; Assistant United States Attorney Frances S. Lewis of the Public Corruption and Civil Rights Section; and Assistant United States Attorney Julia S. Choe of the Cyber and Intellectual Property Crimes Section.
Project Safe Neighborhoods Yellowstone County one-year results show violent crime increase nearly haltedRead the Press Release
Montana U.S. Attorney Kurt Alme discusses one-year results for Project Safe Neighborhoods Yellowstone County. On display are some of the firearms that have been seized in PSN cases.BILLINGS—In the one year that Project Safe Neighborhoods, a federal initiative, has been at work in Yellowstone County, law enforcement has dismantled methamphetamine trafficking rings, seized hundreds of pounds of methamphetamine and numerous firearms, and prosecuted more than 200 violent offenders, top federal, state and local prosecutors announced today.
The one-year results show that a steadily growing violent crime rate in Yellowstone County has been almost stopped since PSN went into effect.
U.S. Attorney Kurt Alme, Montana Attorney General Tim Fox and Yellowstone County Attorney Scott Twito discussed the PSN results during a news conference at the U.S. Attorney’s Office in Billings.
PSN is a reinvigorated U.S. Department of Justice initiative that targets the most violent criminals in high-crime areas and works with federal, state and local law enforcement and community partners to reduce crime and to develop a substance abuse treatment and prevention strategy. PSN began operating in Yellowstone County in April 2018.
“The significant increases in violent crime in Yellowstone County have almost stopped because of the hard work of our committed federal, state and local law enforcement and prosecutors,” U.S. Attorney Alme said. “Now, to reduce violent crime, we need to continue to get the most dangerous offenders off the street and we need to reduce the demand for meth,” he said.
“The Yellowstone County results of Project Safe Neighborhoods are clear: when it comes to meth and violent crime, enforcement works,” Attorney General Fox said. “The results we have achieved here are due to the commitment and collaboration of federal, state and local law enforcement professionals working in tandem to target the worst offenders and bring them to justice. Our work in Yellowstone County and elsewhere will continue.” he said.
The violent crime rate in Yellowstone County has been increasing every year since 2014. In the 12 months prior to PSN beginning in April 2018, murder, robbery and aggravated assaults had increased almost 26 percent. And in the 12 months before that those crimes had increased by almost 16 percent. In the 12 months since PSN began, the growth in violent crimes has almost stopped, increasing just 1.3 percent.
To date, 170 defendants have been charged with federal meth trafficking, armed robbery and firearms offenses by the U.S. Attorney’s Office.
In addition, 245 pounds of meth, representing almost 890,000 doses and an estimated $11 million street value, have been seized. Law enforcement officers also have seized 212 firearms, including 57 semi-automatic assault-style rifles. The U.S. Marshals Service Violent Offender Task force has served 652 federal and state warrants on violent offenders.
Yellowstone County has filed 12 robbery cases and 22 assault with a weapon or aggravated assault charges.
“The Yellowstone County Attorney’s Office will continue to prosecute these offenders to the fullest extent of the law,” County Attorney Twito said.
PSN will continue its enforcement strategy to drive down the violent crime rate as well as work to reduce demand for meth through the Yellowstone Substance Abuse Connect coalition. The coalition includes 62 nonprofit and governmental organizations working to create a community plan to reduce the demand for meth through prevention and treatment.
PSN Yellowstone County’s partners include the U.S. Attorney’s Office; Yellowstone County Attorney’s Office; Montana Department of Justice’s Prosecution Services Division, Highway Patrol and the Division of Criminal Investigation; the Montana Department of Correction’s Adult Probation and Parole Division; the Billings and Laurel police departments; the Yellowstone County Sheriff’s Office; Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; FBI, Homeland Security Investigations and the U.S. Marshal’s Service.
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Prince George’s County Man Pleads Guilty to Federal Charge of Sex Trafficking of a MinorRead the Press Release
Baltimore, Maryland – Rody L. Bowden, age 40, of Prince George’s County, Maryland, pleaded guilty on May 7, 2019, to the federal charge of sex trafficking of a minor. Bowden was a registered sex offender at the time of the offense.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur and Acting Special Agent in Charge Cardell T. Morant of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
“This is an egregious case because the defendant was already a twice-convicted sex offender and his victim was a 14- year old child,” said U.S. Attorney Robert K. Hur. “This prosecution sends a powerful message that sex trafficking of children will not be tolerated in Maryland. Rody Bowden is now facing at least 20 years in federal prison, where there are no suspended sentences and no parole - ever”
According to Bowden’s plea agreement, in late 2016 and early 2017, Bowden engaged in commercial sex acts with a 14-year-old ninth-grade student, including in Anne Arundel County motel rooms. On January 4, 2017, Bowden recorded a video of the victim engaged in oral sex with him. The next day, Bowden created an account on a streaming pornographic website and uploaded the video to his account, where it could be viewed by all of Bowden’s followers on the site. On September 4, 2017, Bowden e-mailed a copy of the video to another account that he controlled.
Bowden was previously required to register as a sex offender, stemming from two convictions for third-degree sex offenses in Prince George’s County and Charles County. Bowden has been detained since his arrest.
Bowden and the government have agreed that if the Court accepts the plea agreement, Bowden will be sentenced to between 20 and 25 years in federal prison. U.S. District Judge Catherine C. Blake has scheduled sentencing for July 30, 2019 at 9:15 a.m.
This case was investigated by the Maryland Human Trafficking Task Force, formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members include federal, state and local law enforcement, as well as victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit http://www.justice.gov/usao/md/priorities_human.html.
Report suspected instances of human trafficking to HSI's tip line at 866-DHS-2ICE (1-866-347-2423) or by completing its online tip form. Both are staffed around the clock by investigators.
United States Attorney Robert K. Hur commended HSI for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Zachary A. Myers, who is prosecuting the case.
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Physician Facing Federal Indictment for Passport Fraud, Falsely Claiming U.S. Citizenship, and Illegal Voting by an AlienRead the Press Release
Baltimore, Maryland – A federal grand jury has indicted Michael Nana Baako, age 50, a native of Ghana residing in Fulton, Maryland, on the federal charges of passport fraud, falsely claiming U.S. citizenship, and illegal voting by an alien. Baako was a physician who practiced in hospitals in Maryland and maintained his own clinic, Biazo Healthcare. The indictment was returned on May 1, 2019, and was unsealed at his initial appearance today.
The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Edwin Guard of the U.S. Department of State’s Diplomatic Security Service (DSS) Washington Field Office.
According to the indictment, since at least 2001, Baako and R.A.A., also born in Ghana, have lived together in Howard County, Maryland and are the parents of two minor children. Baako and R.A.A. entered the United States legally after obtaining a visa in 1995. In 1996, Baako applied for certification of his Ghanian medical education in the United States through the Educational Commission for Foreign Graduates. In 1998, Baako married a U.S. citizen in Virginia, who filed a petition for Baako to become a naturalized United States citizen. On June 20, 2000, the petition was denied after immigration officials concluded that Baako’s marriage was a “sham” marriage entered into for the sole purpose of obtaining immigration benefits. In 2001, Baako was licensed to practice in Maryland as a physician.
The indictment alleges that on November 29, 2005, Baako registered to vote in Maryland, swearing that he was a United States citizen, and subsequently voted in 10 elections between November 7, 2006 and November 6, 2018.
Further, the indictment alleges that on April 17, 2007, and September 16, 2009, respectively, Baako and R.A.A. submitted passport applications on behalf of their minor children, in which Baako falsely claimed that he was a citizen of the United States, born in Hillsborough, North Carolina. On April 22, 2008, Baako allegedly submitted an application for a United States passport for himself in which he falsely claimed that he was born in North Carolina, as were both of his parents. As part of his passport application, Baako allegedly provided an affidavit purporting to be from a family friend, falsely stating that this person was one of the first people to see Baako after his birth and was present at a subsequent naming and baptism ceremony for Baako at a Hillsborough, North Carolina church. Baako was issued a U.S. passport on April 29, 2008, which he allegedly used for international travel on several occasions. That passport included the false information that Baako was a citizen of the United States born in North Carolina. According to the indictment, on July 31, 2012, Baako and R.A.A. submitted a passport renewal application on behalf of their first child, in which Baako falsely stated that he was a citizen of the United States. On February 20, 2018, Baako allegedly filed a passport renewal application for his own passport, again falsely stating that he was a U.S. citizen born in North Carolina. Baako was interviewed by Department of State officials on April 22, 2010, and on June 12, 2018. The indictment alleges that in both interviews Baako falsely stated that he was born in Hillsborough, North Carolina. The indictment alleges that in the 2018 interview Baako also falsely stated that he never applied for any immigration benefit with U.S. immigration authorities, nor submitted documents in an attempt to become a naturalized United States citizen.
If convicted, Baako faces a maximum sentence of 10 years in prison for each of four counts of passport fraud; a maximum of three years in prison for false claim to U.S. citizenship; and a maximum of one year in prison for each of three counts of illegal voting by an alien. At today’s initial appearance in U.S. District Court in Baltimore/ Greenbelt, U.S. Magistrate Judge Stephanie Gallagher ordered that Baako be detained pending a detention hearing scheduled for May 10, 2019, at 11:45 a.m.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended the State Department’s DSS for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Zachary A. Myers and Daniel A. Loveland, who are prosecuting the case.
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