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Friday 19 October 2018
Former U.S. Navy Commander Sentenced to Prison for Bribery Conspiracy with Foreign Defense Contractor in Massive U.S. Navy Corruption and Fraud CaseRead the Press Release
A former U.S. Navy Commander was sentenced today to 30 months in prison, followed by three years of supervised release, a $10,000 fine and $21,625.60 in restitution by the Honorable Janis L. Sammartino of the U.S. District Court for the Southern District of California. The case relates to a wide-ranging corruption and fraud investigation involving foreign defense contractor Leonard Glenn Francis and his Singapore-based company, Glenn Defense Marine Asia (GDMA).
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Adam L. Braverman for the Southern District of California, made the announcement.
Earlier this year, Amundson, 51, of Ramsey, Minnesota pleaded guilty to one count of conspiracy to commit bribery, admitting that he conspired with Francis and others to receive things of value in exchange for taking official acts for the benefit of GDMA and violating his official duties to the U.S. Navy. Francis pleaded guilty in 2015 to bribery and fraud charges.
According to admissions made as part of his guilty plea, from May 2005 to May 2013, Amundson served as the officer responsible for coordinating the U.S. Navy’s joint military exercises with its foreign navy counterparts. As part of his duties, Amundson was responsible for building and maintaining cooperative relationships with the U.S. Navy’s foreign navy exercise partners. Amundson admitted that from September 2012 through October 2013, Francis paid for dinner, drinks, transportation, other entertainment expenses, and the services of prostitutes for Amundson and other U.S. Navy officers, in return for sensitive information, such as U.S. Navy ship schedules, and for taking other actions in favor of GDMA and in violation of his official duties. Amundson further admitted that after being interviewed by federal criminal investigators in October 2013, he deleted e-mail correspondence with Francis.
So far, 33 defendants have been charged and 21 have pleaded guilty, many admitting to accepting things of value from Francis in exchange for helping the contractor win and maintain contracts and overbill the Navy by millions of dollars.
The investigation is being conducted by the Defense Criminal Investigative Service, Naval Criminal Investigative Service and Defense Contract Audit Agency. The case is being prosecuted by Assistant Chief Brian R. Young of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Mark W. Pletcher and Patrick Hovakimian of the Southern District of California.
Former U.S. Navy Commander Sentenced for Bribery Conspiracy with Foreign Defense Contractor in Massive U.S. Navy Corruption and Fraud CaseRead the Press Release
NEWS RELEASE SUMMARY – October 19, 2018
SAN DIEGO – Former U.S. Navy Commander Troy Amundson was sentenced today to 30 months in prison, followed by 3 years of supervised release, a $10,000 fine and $21,625.60 in restitution for federal bribery conspiracy charges by the Honorable Janis L. Sammartino of the U.S. District Court for the Southern District of California. Amundson is the latest U.S. Navy official to plead guilty and be sentenced in the wide-ranging corruption and fraud investigation involving foreign defense contractor Leonard Glenn Francis and his Singapore-based company, Glenn Defense Marine Asia (GDMA).
Amundson, 50, of Ramsey, MN earlier this year pleaded guilty to one count of conspiracy to commit bribery, admitting that he conspired with Francis and others to receive things of value, including entertainment expenses and the services of prostitutes, in exchange for taking official acts for the benefit of GDMA and violating his official duties to the United States Navy. Francis pleaded guilty in 2015 to bribery and fraud charges, admitting that he presided over a massive, decade-long conspiracy involving “scores” of U.S. Navy officials, tens of millions of dollars in fraud and millions of dollars in bribes and gifts – from cash, prostitutes and luxury travel to Cuban cigars, Kobe beef and Spanish suckling pigs.
According to admissions made as part of his guilty plea, from May 2005 to May 2013, Amundson served as the officer responsible for coordinating the U.S. Navy’s joint military exercises with its foreign navy counterparts. As part of his duties, Amundson was responsible for building and maintaining cooperative relationships with the U.S. Navy’s foreign navy exercise partners.
Amundson admitted that from September 2012 through October 2013, Francis paid for dinner, drinks, transportation, other entertainment expenses, and the services of prostitutes for Amundson and other U.S. Navy officers. In one instance, Amundson wrote to Francis from a private e-mail account, arranging to provide Francis with internal, proprietary U.S. Navy information: “Handoff?... [M]y [friend], your program is awesome. I [Amundson] am a small dog just trying to get a bone… however I am very happy with my small program. I still need 5 minutes to pass some data when we can meet up. Cannot print.” That night, Francis arranged the services of several prostitutes from Mongolia for Amundson.
Having passed U.S. Navy ship schedules to Francis and having taken numerous other actions in favor of GDMA and in violation of his official duties, Amundson was interviewed by federal criminal investigators in October 2013. As part of his plea agreement, Amundson admitted that he deleted all of his private e-mail account correspondence with Francis following his interview with law enforcement agents earlier that same day. As the United States submitted in its Memorandum in Support of Sentencing, “Amundson destroyed evidence of his conspiratorial relationship with Francis after it appeared law enforcement had caught up with him. In this attempt to cover-up and to destroy evidence, Amundson knew then what he would admit to years later in his plea agreement in this case: He actively conspired to commit bribery with Francis and GDMA in violation of the law and in abrogation of his official duties to the U.S. Navy.”
“Amundson cavalierly and selfishly traded on a sacred position of trust, selling his honor to a foreign defense contractor in exchange for prostitutes and entertainment expenses,” said U.S. Attorney Adam Braverman. “We will vigorously enforce the law when a public official puts his own selfish personal interests ahead of the interests of the Navy and our nation.”
So far, 33 defendants have been charged and 21 have pleaded guilty, many admitting they accepted luxury travel, parties and services of prostitutes from Francis in exchange for helping the contractor win and maintain contracts and overbill the Navy by millions of dollars.
The case is being prosecuted by Assistant U.S. Attorneys Mark W. Pletcher and Patrick Hovakimian of the Southern District of California and Assistant Chief Brian R. Young of the Fraud Section of the Justice Department’s Criminal Division.
DEFENDANT Case Number: 18-CR-468-JLS
Commander Troy Amundson Age: 51 Ramsey, Minnesota
SUMMARY OF CHARGES
Conspiracy to Commit Bribery, in violation of 18 U.S.C. § 371
Maximum Penalty: 5 years in prison, a $250,000 fine
INVESTIGATING AGENCIES
Defense Criminal Investigative Service
Naval Criminal Investigative Service
Defense Contract Audit Agency
Former State Department Employee Sentenced for Producing Child PornographyRead the Press Release
ALEXANDRIA, Va. – An Alexandria man was sentenced today to 26 years in prison for production of child pornography.
According to court documents, over at least a two year period, Skydance MacMahon, 45, conspired with an adult in Canada to produce over a thousand sexually explicit images and videos of minor children in Canada. These images and videos were produced at the direction of MacMahon using Skype and hidden cameras as well as overt recording. MacMahon distributed these image and video files to other users and consumers of child pornography by providing access to the files on his cloud storage services and also by directly sending the files to other users. In addition to the child pornography images and videos MacMahon himself created, he also received and possessed thousands of images and videos of child pornography.
During the time he committed these offenses, MacMahon was a Digital Media Administrator at the Foreign Services Institute of the U.S. Department of State in Arlington.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, and Steve A. Linick, Inspector General for the Department of State, made the announcement after sentencing by U.S. District Judge Anthony J. Trenga. Assistant U.S. Attorney Whitney Dougherty Russell prosecuted the case.
Significant assistance was provided by the FBI’s Cincinnati Field Office, the U.S. Department of State Office of Inspector General’s Cyber Forensic Division, the Royal Canadian Mounted Police, the Halifax Regional Police, Crown Prosecution Service, Special Prosecution Section, the Nova Scotia Public Prosecution Service, the Arlington County Police Department, and the Arlington County Commonwealth’s Attorney’s Office.
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 is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-261.
Former State Department Employee Pleads Guilty to Student Loan FraudRead the Press Release
ALEXANDRIA, Va. – A Georgia man pleaded guilty today to fraudulently discharging over $200,000 in student loan debt.
According to court documents, Corey Cadet Dukes, 39, of Jonesboro, and formerly of Alexandria, was an employee of the U.S. Department of State from 2013-2017. Simultaneously, Dukes was also a full-time supervisor for a security company providing protection to a federal building in Washington, D.C. Nevertheless, Dukes applied through the Department of Education for a Total and Permanent Disability (TPD) discharge of over $200,000 in student loan debt, affirming that he was unable to work and was disabled.
The Department of Education conditionally discharged Dukes’ student loans subject to successful completion of a three-year income monitoring period, which required that TPD applicants not earn over the Federal Poverty Guidelines for a family of two, which was no higher than $16,020. Earned income over that amount triggered a repayment obligation and the loans would be reinstated. After failing to respond to multiple requests for proof of income, in October 2016, Dukes submitted a signed self-certification stating: “I, Corey Dukes, did not have any earned income from May 1, 2013 – October 13, 2016.” In reality, during this same period Dukes had earned over $331,000 from his two full-time jobs, had purchased a Bentley, a Porsche, and other luxury vehicles. The Department of Education permanently discharged $205,687.74 of Dukes’ student loan debt.
Dukes pleaded guilty to wire fraud and faces a maximum penalty of 20 years in prison when sentenced on Jan. 4, 2019. 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 Steve A. Linick, Inspector General of the State Department, made the announcement after U.S. District Judge Anthony J. Trenga accepted the plea. Assistant U.S. Attorneys Russell L. Carlberg and Kimberly R. Pedersen 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 is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-298.
Former Police Officer Sentenced to 19 Years in Prison for Bank RobberyRead the Press Release
SAN JUAN, P.R. –U.S. District Court Senior Judge Daniel R. Domínguez sentenced José Padilla-Galarza, a former police officer who masterminded a bank robbery, to a 19-year term of imprisonment and five years of supervised release, announced United States Attorney Rosa Emilia Rodríguez-Vélez. Codefendant Jomar Hernández-Román was sentenced to seven years and three months in prison, and three years of supervised release. Both defendants were found guilty by a jury on February 26, 2018.
During the trial held in February of 2018, Padilla-Galarza faced two conspiracy counts, two robbery counts, and a weapons count. The evidence at trial showed that Padilla recruited others to commit an armed bank robbery at the Banco Popular branch in Rexville Town Center on November 29, 2014. On that date, three individuals disguised in construction outfits entered the Banco Popular brandishing weapons at the customers and employees inside, and stole over $64,000. Padilla had recruited these individuals, and obtained the disguises for the robbery. To facilitate the robbery and divert the attention of first responders, Padilla schemed with one of his co-conspirators to place decoy explosives near ATM machines in Lomas Verdes and Bayamón, respectively. Following three weeks of trial, the jury returned a guilty verdict as to all counts.
Four other codefendants have also plead guilty to offenses stemming from the robbery and were sentenced:
- Samuel Figueroa plead guilty on July 10, 2017 and was sentenced on June 7, 2018 to eight years and four months in prison, and three years of supervised release.
- Jorge Camacho-Gordils plead guilty on December 1, 2016 and was sentenced on March 24, 2017 to nine years and six months of imprisonment and five years of supervised release.
- Johan Dávila-Rivera plead guilty on April 10, 2017 and was sentenced on March 19, 2018 to three years of imprisonment, and five years of supervised release.
- Miguel Torres plead guilty on April 26, 2017 and was sentenced on March 28, 2018 to five years of probation.
The case was prosecuted by Assistant United States Attorneys Alexander Alum and Daynelle M. Álvarez-Lora. The FBI and Puerto Rico Police Department were in charge of the investigation of this case.
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Former Middle School Teacher Sentenced to over 11 Years in Prison for Sexually Abusing Four StudentsRead the Press Release
WASHINGTON - Robert Wilson Leach, 33, a former teacher at a public charter school in the District of Columbia, was sentenced today to 11 years and 10 months in prison for sexually abusing four middle school students between 2010 and 2013. Leach fled the country after he was confronted by one of the victims’ parents.
The announcement was made by U.S. Attorney Jessie K. Liu for the District of Columbia, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Peter Newsham, Chief of the Metropolitan Police Department (MPD), and Michael Hughes, U.S. Marshal for the Superior Court of the District of Columbia.
“No matter how much time had elapsed, or how many miles he traveled, Robert Leach could not escape responsibility for the crimes he committed against four vulnerable children entrusted to his care,” said U.S. Attorney Liu. “Because of the dedicated efforts of law enforcement in the United States and abroad, he now is paying the price for his predatory acts.”
Leach, formerly of Silver Spring, Md., was arrested in the United Kingdom in July 2015 and extradited to the United States in January 2018. He pled guilty on June 8, 2018, in the Superior Court of the District of Columbia to first-degree child sexual abuse, sexual performance of a minor, and two counts of attempted second degree child sexual abuse, with aggravating circumstances as to one count.
Leach was sentenced by the Honorable Milton C. Lee. Following his prison term, Leach must register as a sex offender for the rest of his life. He also will be placed on a period of 25 years of supervised release.
Leach was a teacher at Meridian Public Charter School in Washington, D.C. throughout the period when the offenses took place. He taught seventh and eighth grade math classes. Starting in his first year teaching, and continuing until he fled the country, Leach groomed and sexually abused female students. The abuse, which varied by each of the four victims, included kissing in school stairwells, sexual touching in Leach’s classroom, the solicitation and receipt of nude photos, and sexual intercourse. With one victim, Leach engaged in sexual intercourse dozens of times. Leach would pick up this victim from school and drive her to his apartment in Maryland or to secluded parts of the District of Columbia, where he would sexually abuse her.
The sexual abuse stopped only when a parent caught Leach on December 31, 2013. That same day, Leach, a United States citizen, bought a plane ticket with cash, went to the airport, and fled first to the Cayman Islands and then to Cuba.
After a brief return to the United States, during which Leach resumed romantic communications with one of his victims, Leach departed again, this time for the United Arab Emirates, where he continued teaching. Leach remained there until July 2015, when he took a short trip to the United Kingdom. UK officers from the Metropolitan Police Service arrested Leach on a provisional arrest warrant. Leach remained incarcerated in the UK contesting extradition until he was extradited to the United States on January 5, 2018.
A second defendant, Laurren Ebony Walker, 33, Leach’s co-teacher and friend, is awaiting sentencing on Oct. 22, 2018, for committing perjury before the grand jury investigating the crimes. Walker, of Washington, D.C., pled guilty in June 2018 to one count of perjury.
On July 22, 2015, near the time of Leach’s UK arrest, Walker testified before a D.C. Superior Court grand jury that was investigating Leach’s sexual abuse of students. Aware of the focus of the investigation and of the importance of truthful testimony, Walker chose to lie under oath about material facts relevant to the grand jury’s investigation. Among other things, she denied any communications with Leach or knowledge of his whereabouts after he fled the country, even though Walker in fact frequently spoke with him and had even visited him in the United Arab Emirates a few months before her grand jury testimony.
Walker also denied giving Leach periodic access to her car, even though one of the victims testified that Leach sexually abused her in that car.
This case was investigated by the detectives of the Metropolitan Police Department’s Youth Investigations Division. In addition, significant assistance in locating and securing Leach was provided by the Department of Justice’s Office of International Affairs, including Associate Directors Jason Carter and Tracey Lankler and Trial Attorneys Linda McKinney and Natalya Savransky; INTERPOL Washington; the U.S. Marshals Service; the U.S. Department of State’s Diplomatic Security Service, and the United Kingdom’s Metropolitan Police Service.
The case was prosecuted by Assistant U.S. Attorneys John L. Hill and Julianne C. Johnston. Assistance was provided by a team from the U.S. Attorney’s Office that included Victim/Witness Advocate Elsa Resendiz; Criminal Investigator John Marsh; Paralegal Specialists Jessica Moffatt, Angelina Slagle, and Joyce Arthur; Litigation Technology Specialist Jeanie Latimore-Brown; Intern Hannah Dier, and Assistant U.S. Attorneys David Misler and Christopher Bruckmann.
Former Lobbyist Indicted for Obstruction of JusticeRead the Press Release
A former lobbyist was charged in an indictment with obstructing justice in connection with an ongoing federal investigation and proceedings concerning a multi-million dollar high-yield investment fraud scheme, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.
Christopher Petrella, 51, of Greer, South Carolina, was arrested yesterday and charged in the Western District of North Carolina with one count of obstruction of justice.
Ten individuals had been previously indicted by a Charlotte grand jury for their alleged roles in a high-yield investment scheme involving Niyato Industries Inc. The charges in that case allege that the defendants raised money from investors by representing that Niyato manufactured electric and compressed natural gas (“CNG”) automobiles when, in truth, the company had no facilities, no operations, and no capability to manufacture anything. That case is scheduled for trial.
The indictment returned on Tuesday and unsealed yesterday alleges that Petrella, who worked to promote Niyato and purportedly lobbied on Niyato’s behalf, attempted to obstruct, influence and impede the ongoing federal investigation into the alleged Niyato fraud, as well as the upcoming trial, by misleading federal law enforcement about his own involvement with Niyato and by portraying himself as a whistleblower. Petrella is alleged to have produced to a federal law enforcement agent a bogus “quarterly report” related to his lobbying work for Niyato. According to the indictment, Petrella also falsely claimed he had filed the “quarterly report” with the U.S. Congress pursuant to certain requirements applicable to federal lobbyists. The bogus “quarterly report” purportedly disclosed to authorities that certain individuals had made false and misleading statements about Niyato’s business and operations on Niyato’s Twitter and Facebook pages. In reality, the indictment alleges that the “quarterly report” Petrella produced to federal law enforcement was a sham and Petrella’s statement that he had filed the document with the U.S. Congress was false.
Petrella’s initial court appearance is scheduled on Wednesday, Oct. 24, at 10:40 a.m. before Magistrate Judge David S. Cayer in the Western District of North Carolina.
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 William Bowne and Christopher Fenton of the Criminal Division’s Fraud Section are prosecuting the case.
Firearms and Drug Trafficking Ring IndictedRead the Press Release
HAMMOND – U.S. Attorney Thomas L. Kirsch announces the return of a 14 count indictment that includes charges on conspiracy to straw purchase firearms, distribution of methamphetamine and cocaine and the possession of firearms by felons.
According to documents in this case, Aaron Baxter, 30, of Michigan City, Indiana; Joseph Taylor, 34, of Gary, Indiana; and Susanne Tincher, 36, of Michigan City, Indiana, are all charged with a conspiracy to purchase firearms from a federal firearms licensee through misrepresentation. In this case Suzanne Tincher made at least four firearm purchases during the conspiracy knowing that she was purchasing the firearms for persons who could not purchase the firearms themselves. The indictment also includes one alleged straw purchase where, on the same day that Tincher purchased firearms from a store, Taylor, a convicted felon, sold 2 of those firearms to undercover officers under the direction of Baxter.
The indictment alleges that Baxter and Taylor were also dealing in highly pure methamphetamine and that Taylor was dealing in cocaine. In the indictment both Taylor and Baxter face additional counts of being felons in possession of firearms.
The United States Attorney's Office emphasized that an indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case was investigated by the Bureau of Alcohol, Tobacco and Firearms with assistance from the Michigan City Police Department and the LaPorte County Prosecutors Office. This case is being prosecuted by Assistant United States Attorney Thomas M. McGrath.
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Felon Sentenced for Federal Carjacking, Firearms OffenseRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that a Palau national has been sentenced in federal court for carjacking a woman’s vehicle in Anchorage, which led to a vehicle chase during which he caused a collision with another driver.
Cordy Mai Martin, 26, a citizen of Palau who has been living in Fairbanks, was sentenced today by U.S. District Judge Sharon L. Gleason, to serve 11 years in prison, followed by five years of supervised release. Martin previously pleaded guilty in August 2018 to carjacking and using a firearm during and in relation to a crime of violence.
According to court documents, at around 5:45 a.m. on the morning of May 4, 2018, in the parking lot of the Alaska Native Medical Center, Martin approached a young woman as she was walking to work in the hospital. Martin ran up to her with a stolen Taurus .40 caliber pistol, racked the slide, and pointed it at her at close range. Martin told her he wanted her keys, which she gave to him. He then asked her where her car was in the parking lot. The woman walked a short ways, pointed out her car, and then ran away inside the hospital. Martin then drove away in the woman’s vehicle.
Shortly after the carjacking, APD located the woman’s vehicle and attempted to pull Martin over. Martin refused to stop, and a pursuit ensued with Martin driving at high speed, and on the wrong side of the road. Martin did not stop driving until he collided with another vehicle, causing the other driver to lose consciousness. The driver of the car hit by Martin was transported from the scene to the hospital, where he was treated for significant injuries. After the collision, Martin fled on foot and was arrested after APD K-9 found him hiding in a boat in a nearby yard.
Martin has a previous felony conviction with the State of Alaska for Misconduct Involving Weapons in the Third Degree, and was therefore prohibited from possessing a firearm.
The Anchorage Police Department (APD) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation leading to the successful prosecution of this case. This case was prosecuted by Assistant U.S. Attorney Anne Veldhuis.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Federal Prosecutor Joined National Guard Assisting Storm Recovery Efforts in Southwest GeorgiaRead the Press Release
Macon – Colonel Robert McCullers, an Assistant United States Attorney in the Middle District of Georgia and Colonel in the Georgia Air National Guard, took a brief leave of absence to join National Guard troops deployed following Hurricane Michael, a historic storm that damaged homes, farms and businesses across the Middle District of Georgia, and left tens of thousands without power and water. Col. McCullers was deployed to National Guard Headquarters located in Marietta on October 17, 2018. Hurricane Michael crossed Georgia during the time period of October 10-11, 2018.
Col. McCullers worked in the Operations Center as more than 1,000 National Guard troops provided assistance stabilizing Southwest Georgia following Hurricane Michael. Troops provided food, water, fuel and power at multiple Points of Distribution (PODs) and cleared blocked roadways. In addition to his civilian service, AUSA McCullers is also a Colonel and a Staff Judge Advocate (Headquarters) for the Georgia Air National Guard. A JAG since 2003, Colonel McCullers has been deployed to both Baghdad and Tallil Air Base, Iraq. He started work as an Assistant United States Attorney in the Middle District of Georgia in 2002.
“Robert’s deep sense of duty to our country is evident in his daily work protecting citizens as a federal prosecutor, and also in his work now, helping our community during this crisis,” said Charles Peeler, the U.S. Attorney for the Middle District of Georgia. “We are proud to work alongside service members like Robert McCullers, and I want to thank all of the National Guard troops who stepped away from their families and careers to come to the aid of Southwest Georgia.”
Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Federal Jury Convicts Two Texas Men of Trafficking Multi-Kilogram Quantities of Cocaine through Myrtle Beach—Both Face Possible Life Sentences in Federal PrisonRead the Press Release
Myrtle Beach, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Abraham Arturo Rodríguez, 30 years old, and Ruben Rodríguez, 23 years old, both from Brownsville, Texas, were convicted of conspiring to distribute more than 5 kilograms of cocaine after a 3-day jury trial in Florence. The 12-person jury unanimously found both men guilty of the maximum crimes charged after a short deliberation. Abraham Rodríguez faces 20 years to life imprisonment based on his role in the offense and a prior drug conviction. Ruben Rodríguez faces 10 years to life.
The evidence presented at trial showed that the two men came from the southwest border and rented a room at an upscale beachfront resort in North Myrtle Beach to be their base of operations. From their high-rise hotel room, the Rodríguezes coordinated the delivery of more than 50 kilograms of cocaine—drugs valued at more than $1,500,000—from January through November 2017. The men smuggled most of the cocaine to so-called “stash houses” located in the Fayetteville, North Carolina area using clandestine work trucks. To avoid detection by law enforcement, the cocaine was stored in average-looking residences in middle-class neighborhoods where families lived and resided. Inside these otherwise normal-looking homes, drug dealers armed with assault weapons kept watch over safes full of kilogram-sized bricks of cocaine and sold it to other drug dealers who came from as far away as Washington, DC, to purchase wholesale quantities of drugs. Hundreds of thousands of dollars in drug proceeds were then carried back to Myrtle Beach by the men, who shipped the ill-gotten gains back to their associates at the Mexican border via overnight mail. The evidence further showed that while staying in South Carolina, Rodríguezes’ and their criminal associates spent large amounts of cash partying at Myrtle Beach nightclubs, buying high-end vehicles, and taking expensive excursions to cities such as Charleston, South Carolina.
All this came to an end on November 5, 2017, when DEA agents and North Myrtle Beach officers armed with a federal search warrant raided the Rodríguezes’ North Myrtle Beach hotel room, finding more than $143,000 in drug proceeds and a small amount of cocaine. Both men were indicted by a federal grand jury. Soon thereafter, Ruben was arrested crossing back into the United States at the Mexican border; Abraham was arrested in Las Vegas, Nevada. Both men have been in continuous custody since their arrest on these federal charges, and they will remain in custody until they serve out their federal sentences.
The South Carolina case was investigated by the Drug Enforcement Administration assisted by officers from the North Myrtle Beach Police Department. The South Carolina case was opened based on a tip provided by North Carolina officers from the Fayetteville Police Department, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Andrew Moorman, Deputy Chief of Narcotics, and Everett McMillian, both of whom are prosecutors assigned to the Organized Crime and Drug Enforcement Task Force of the United States Attorney’s Office in the District of South Carolina. This case is part of a concentrated joint effort between local and federal authorities to disrupt and dismantle the supply chains of cocaine, opioids, and other drugs into the Myrtle Beach area.
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Federal Indictment Charges Chicago Man with the Sex Trafficking of Several ChildrenRead the Press Release
CHICAGO — A Chicago man has been indicted on federal sex trafficking charges for allegedly recruiting several children into prostitution.
LENNIE PERRY, 44, is charged with sex trafficking eight minors under the age of 18, according to an indictment returned Wednesday in U.S. District Court in Chicago. One of his victims was under 14 years old when Perry enticed the victim to engage in a commercial sex act, the indictment states. Perry trafficked some of his victims from 2012 to 2014, and other victims in 2016 and 2017, according to the charges.
Arraignment on eight counts of sex trafficking is scheduled for Nov. 7, 2018, at 11:00 a.m., before U.S. Magistrate Judge Mary M. Rowland.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation. The case was investigated by the FBI Chicago Child Exploitation Task Force. Valuable assistance was provided by the Chicago Police Department and the U.S. Department of Homeland Security - Homeland Security Investigations.
The government is represented by Assistant U.S. Attorneys Matthew Kutcher, Charles Mulaney and Michelle Petersen.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Perry faces a statutory minimum sentence of 15 years in prison and a maximum of life in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
If you believe you are a victim of sexual exploitation, you are encouraged to call the National Center for Missing and Exploited Children at 1-800-843-5678. The hotline is available 24 hours a day, seven days a week.
Federal Charges Filed Against Eden Man for Aggravated Assault and Felony Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that an Eden, South Dakota, man has been charged with two counts by a federal grand jury for Assault Resulting in Serious Bodily Injury and Felony Child Abuse and Neglect of a Child.
Jeremiah Lynn Renville, Jr., age 39, was indicted on October 10, 2018. He appeared before U.S. Magistrate Judge William D. Gerdes on October 17, 2018, and pled not guilty to the Indictment.
According to the Indictment, on February 13 and 14, 2018, Renville engaged in assaultive and abusive conduct toward a child under the age of seven years. For the assault charge, the maximum penalty upon conviction is up to ten (10) years of imprisonment, a $250,000 fine, or both, and 3 years of supervised release. For the child abuse charge, the maximum penalty upon conviction is up to fifteen (15) years of imprisonment, a $30,000 fine, or both, and 3 years of supervised release. Each charge also carries a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations and Renville is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Sisseton-Wahpeton Oyate Sioux Tribe’s Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Renville was released on conditions pending trial. A trial date has not been set.
Estranged Husband Charged with Murder of Ft. Campbell SoldierRead the Press Release
PADUCAH, Ky. – United States Attorney Russell M. Coleman today announced the charging of Victor E. Silvers, with the premeditated murder of Sgt. Brittney N. Silvers, who was killed on base at Fort Campbell, Kentucky.
Defendant Silvers, of Clarksville, Tennessee was charged in a criminal complaint filed on October 15, 2018, with : first degree murder (premeditated), attempted first degree murder (premeditated), interstate domestic violence, possession of a firearm by a prohibited person, and two counts of the use of a firearm during the commission of a violent offense.
Brittney Silvers had a restraining order against Victor Silvers and was seeking a divorce at the time of the incident.
At approximately 10:00 pm CDT, a friend of Sgt. Silvers was socializing at her residence when someone later identified as Victor Silvers arrived at the residence and began banging on the door, according to the affidavit in support of the criminal complaint. The friend heard shouting between the individuals followed by a gunshot. A short time later, Victor Silvers entered a bathroom, where the friend had been during the altercation. The defendant, still armed with a handgun, entered the bathroom at which point a struggle ensued, and at least three times the firearm was discharged, and the friend was struck in the leg.
A neighbor, who was walking his dog, heard gunshots and saw Victor Silvers shoot Brittney Silvers in front of her residence, according to the affidavit.
Victor Silvers initially denied involvement in the crimes, but later confessed to investigators during an interview to shooting Brittney Silvers, according to the affidavit.
The first degree murder charge carries a maximum punishment of up to death or a term of life in prison.
Silvers made his initial appearance in U.S. District Court before United States Magistrate Judge Lanny King who ordered Silvers detained in the custody of the United States Marshals Service pending further proceedings of the Court.
Assistant United States Attorneys Seth Hancock, Leigh Ann Dycus, and U.S. Army Captain Tarik Downie, Special Assistant United States Attorney are prosecuting the case. The investigation was conducted by the Army Criminal Investigation Division (CID),the Federal Bureau of Investigation (FBI) with the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Eastern Shore Men Sentenced to Federal Prison for Scheme to Steal and Sell More Than $248,000 Worth of Processed Chicken Parts to Black Market CustomersRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Lamar Tiquon Greene, age 39, of Easton, Maryland, today to seven months in federal prison, followed by seven months of home detention as part of three years of supervised release, for interstate transportation of stolen chicken parts. On October 16, 2018, Judge Bennett sentenced co-defendants Clifton A. Seeney, age 58, of Millsboro, Delaware, and Dondrey Tamount Copper, age 43, of Easton, for the same charge. Seeney was sentenced to four months in federal prison followed by four months of home detention as part of three years of supervised release; and Copper was sentenced to a year and a day in federal prison, followed by six months of home detention as part of three years of supervised release. Judge Bennett also ordered that all three of the defendants must pay restitution totaling $248,721.
The sentences were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Colonel William M. Pallozzi, Superintendent of the Maryland State Police.
According to their plea agreements, Seeney was a commercial truck driver who worked for a company that was contracted to transport pallets of frozen, processed chicken parts from a company in Maryland. The company in Maryland owned and operated poultry processing facilities, hatcheries, and feed mills in various locations on the East Coast. Greene and Copper worked at the company’s plant in Cordova, Maryland.
The chicken processing plant had a product inventory management system that used, among other things, bar code scanning to track the movement of its product inventory from the time chickens came into the facility with feathers on until they left as ready-to-cook chicken parts. From April 2015 to December 9, 2015, Seeney, Greene, and Copper exploited the system by stealing pallets of frozen chicken parts and selling them in the New York City area.
Specifically, as detailed in their plea agreements, Seeney would text Copper information concerning Seeney’s truck load assignment. Greene and Copper would scan the bar codes on pallets of cargo that were destined for wholesale customers back into the production inventory, then surreptitiously remove them without further scanning, and load the pallets onto a truck driven by Seeney that was already loaded with inventory destined for legitimate customers. Copper would inform Seeney of the number and location of the stolen pallets on Seeney’s truckload. Seeney would the deliver the stolen chicken parts to “black market” customers during the same trips he delivered pallets of chicken products to legitimate customers.
On December 9, 2015, another employee at the chicken processing plant alerted his supervisor that pallets of chicken parts had been loaded onto a trailer without properly being scanned out of inventory. Seeney was the operator of the truck hauling this trailer. The employee also spoke with Copper and Greene, who provided false accounts about the product on the trailer. The owner of the trucking company attempted to reach Seeney to tell him to return to the plant, and another driver spoke with Seeney and advised him of the owner’s order to return. Seeney ignored the order, denied anything was wrong with his load, and continued to New York City, where he delivered the product to the legitimate customers. GPS tracking revealed that in addition, Seeney traveled to another location where he off-loaded stolen chicken products and received cash in return. Seeney later posted photos to his social media account, taken while in the cab of the truck, flashing a wad of cash he received from the buyer of the stolen product.
Subsequent investigation revealed text messages between Copper and Seeney referencing the availability of stolen chicken products for delivery to black market customers. The insurance carrier for the chicken processing company estimated the value of the stolen chicken products at approximately $248,000.
United States Attorney Robert K. Hur praised the FBI and Maryland State Police for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney P. Michael Cunningham, who prosecuted the case.
# # #East Bridgewater Man Indicted on Child Pornography ChargesRead the Press Release
BOSTON – A federal grand jury indicted an East Bridgewater man yesterday on charges of producing, distributing and possessing child pornography.
Daniel O’Connor Jr., 56, was indicted on one count of sexual exploitation of children, one count of distribution of child pornography, and one count of possession of child pornography. In September 2018, O’Connor Jr. was arrested and charged by criminal complaint. He was released on conditions.
According to the charging documents, on June 7, 2018, law enforcement executed a federal search warrant at the home of O’Connor Jr., where they located two iPhones belonging to the defendant. An onsite forensic review of one of the phones revealed images of child pornography.
It is alleged that further review of the phone revealed approximately 137 images and approximately 20 videos of child pornography. In addition, the phone contained multiple apps popular with minors, such as Kik Messenger. A review of O’Connor Jr.’s Kik app revealed chats between O’Connor Jr. and an 11-year-old girl during which he solicited and received a number of images and videos depicting child pornography.
The charge of production of child pornography/sexual exploitation of a child provides for a mandatory minimum sentence of 15 years and up to 30 years in prison. The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison. The charge of possession of child pornography provides for a sentence of no greater than 20 years in prison. Each count provides for a mandatory minimum of five years and up to a lifetime of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Plymouth County District Attorney Timothy Cruz; and East Bridgewater Police Chief Scott Allen made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Eagle Butte Man Sentenced on Methamphetamine ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on October 15, 2018, by U.S. District Judge Roberto A. Lange.
Nevin Joaquin, age 30, was sentenced to 120 months in federal prison, followed by 5 years of supervised release, the forfeiture of two firearms, ammunition, and United States currency, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Joaquin was indicted by a federal grand jury on December 12, 2017. He pled guilty on July 25, 2018.
Joaquin admitted to conspiring with others to distribute at least 1,500 grams of methamphetamine in South Dakota. From September of 2013, to the date of his indictment, Joaquin received distributable quantities of methamphetamine from others who knew that he intended to engage in further distribution. Joaquin further distributed that methamphetamine in South Dakota.
Joaquin came into contact with law enforcement in Eagle Butte, and again in Pierre, on February and April of 2016. Both times he possessed a semi-automatic pistol, ammunition, and United States currency totaling $770. Joaquin admitted that he carried a pistol for protection while distributing methamphetamine, and admitted that the United States currency found in his possession was proceeds from his distribution of methamphetamine.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The United States Bureau of Indian Affairs, the Cheyenne River Sioux Tribe Law Enforcement Services, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force were involved in the investigation. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Joaquin was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Burglary and ArsonRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Third Degree Burglary and Arson.
Shane Taken Alive, age 27, was indicted on July 18, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 18, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that October 12, 2017, Taken Alive unlawfully entered modular classrooms at the Takini School, both of which were unoccupied, and set fire to them.
The charges are merely accusation and Taken Alive is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Taken Alive was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Dupree Woman Sentenced for Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Dupree, South Dakota, woman convicted of Child Abuse was sentenced on October 15, 2018, by U.S. District Judge Roberto A. Lange.
Dale Hendricks, age 37, was sentenced to 12 months and 1 day in federal prison, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Hendricks was indicted by a federal grand jury on January 17, 2018. She pled guilty on July 24, 2018.
The conviction stemmed from an incident on November 3, 2017, when Hendricks had a night of drinking and shared a bed with her infant child, exposing him to a dangerous situation.
This case was investigated by Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.
Hendricks was immediately turned over to the custody of the U.S. Marshals Service.
Dunkirk Man Sentenced for Selling CocaineRead 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 Michael Pacheco, aka Michael Dominguez, 27, of Dunkirk, NY, who was convicted of conspiracy to possess with intent to distribute, and distribution of, 500 grams or more cocaine, was sentenced to serve 18 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that between July 2016 and May 2, 2017, the defendant conspired with co-defendant Fred Santiago to distribute kilogram quantities of cocaine in and around the Western District of New York. Pacheco obtained cocaine from Santiago for sale and distribution to others.
During the time of the conspiracy, the defendant made at least two undercover drug sales to law enforcement officers on April 19, 2017, and April 26, 2017. On May 2, 2017, Pacheco was arrested and found with cocaine on his person, which was intended for sale.
The sentencing is the culmination of an investigation by the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Evans Police Department, under the direction of Chief Douglas Czora; the Dunkirk Police Department, under the direction of Chief David Ortolano; and the Chautauqua County Drug Task Force, under the direction of Sheriff Joseph Gerace.# # # #
District Man Sentenced to 66 Months in Prison for Fraud and Theft Schemes Targeting BusinessesRead the Press Release
WASHINGTON – Kevin Cole, 26, of Washington, D.C., was sentenced today to 66 months in prison for a pair of schemes in which he stole nearly $80,000 in checks intended for local businesses, U.S. Attorney Jessie K. Liu announced.
Cole pled guilty in July 2018, in the Superior Court of the District of Columbia, to two counts of first-degree theft, including one with an enhancement for violating terms of his pretrial release, and one count each of first-degree fraud and violating the Bail Reform Act. He was sentenced by the Honorable Kimberley S. Knowles. Following his prison term, Cole will be placed on three years of supervised release.
According to a proffer of facts submitted at the plea hearing, from September through December of 2014, Cole targeted a privately owned swimming pool business in a fraud scheme. He stole checks that were being mailed to a mailbox the company kept at a copy and print shop in Northwest Washington. He also created a bank account in a name that mimicked that of the company’s. In total, he stole at least 21 checks from the company, totaling $64,794. In addition, he obtained access to checkbooks belonging to two other people, and attempted to deposit checks into accounts he had created. The pool company discovered the fraud and the Metropolitan Police Department (MPD) began an investigation that led to Cole’s arrest in June 2016.
In 2017, while on pretrial release for the earlier fraud, Cole carried out essentially the same scheme again: this time, he got access to business mailboxes by signing up for an account at a virtual office space in Northwest Washington. Once there, he stole a number of checks from different companies, including a check in the amount of about $15,000 that was paid from a church to a musician for a Christmastime concert and recording. Again, Cole created a fraudulent bank account in the name of the musician’s company and tried to pass the check off as his own; however, the scheme was detected and the church stopped payment on the stolen check.
Cole was once again arrested in May 2017. He failed to appear for a court hearing on July 13, 2018, leading to the Bail Reform Act charge against him.
In announcing the sentence, U.S. Attorney Liu commended the work of the detectives who investigated the crimes from the Metropolitan Police Department. She also expressed appreciation for the assistance provided by the U.S. Marshals Service and the Arlington County, Va. Police Department. She acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Stephanie Miller and Michael Christin; former Assistant U.S. Attorney Teresa A. Howie; Paralegal Specialists Aisha Keys and Angelia Slagle; Litigation Technology Specialist Anisha Bhatia, and Intern David Seidman and former Intern Tessa Tilton. Finally, she commended the work of Assistant U.S. Attorneys Michael J. Romano and Jason Feldman, who investigated and prosecuted the case.
Council Bluffs Man Sentenced to 108 Months in Prison for Distribution and Receipt of Child Pornography ChargesRead the Press Release
COUNCIL BLUFFS, Iowa – On Wednesday, October 17, 2018, Jamin C. Fletcher, age 35, of Council Bluffs, appeared before United States District Court Judge Rebecca Goodgame Ebinger and was sentenced to 108 months in prison for distribution and receipt of child pornography announced United States Attorney Marc Krickbaum. Fletcher was ordered to pay a $5,000 fine, $200 to the Crime Victims’ Fund, and serve ten years of supervised release to follow his prison term.
On April 20, 2018, a jury found Fletcher guilty of Distribution and Receipt of Child Pornography. The charges were the result of an FBI investigation on BitTorrent, a file sharing program used on the Internet. FBI downloaded child pornography from a shared folder on BitTorent that identified an IP address subscribed to Jamin Fletcher of Council Bluffs. A search warrant was served on Fletcher’s residence where agents located a desktop computer, laptop computer, and cell phone that contained images of child pornography.
The investigation was conducted by the Iowa Department of Criminal Investigation, Federal Bureau of Investigation, and the Iowa Internet Crimes Against Children Task Force. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Co-Conspirator Sentenced to 57 Months for Cocaine TraffickingRead the Press Release
Greenville, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Alonzo Anderson, age 45, of Greenville, South Carolina, was sentenced in federal court in Greenville, for conspiracy to possess with intent to distribute cocaine, in violation of Title 21, United States Code, Section 846. United States District Judge Timothy M. Cain, of Anderson, sentenced Anderson to 57 months imprisonment and three years of supervised release.
Evidence presented at the change of plea hearing established that Anderson conspired with others, in Greenville County, South Carolina, to coordinate the international distribution of quantities of cocaine.
The case was investigated by ICE - Homeland Security Investigations. Assistant United States Attorney D. Josev Brewer of the Greenville office handled the case.
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Chicago Man Charged with Conspiring to Support ISISRead the Press Release
CHICAGO — A Chicago man has been arrested on a federal complaint charging him with conspiring to provide material support to the Islamic State of Iraq in al-Sham (ISIS).
ASHRAF AL SAFOO, also known as “Abu Al’-Abbas Al-Iraqi,” “Abu Shanab,” and “Abbusi,” 34, was arrested Wednesday in Chicago. A criminal complaint charges him with one count of conspiracy to provide material support and resources to a foreign terrorist organization. Al Safoo made an initial court appearance today before U.S. Magistrate Judge M. David Weisman and was ordered detained in federal custody. A detention hearing was scheduled for Oct. 25, 2018, at 1:30 p.m.
Al Safoo is a naturalized United States citizen of Iraqi descent who resides in Chicago. The complaint alleges that Al Safoo, at the direction of and in coordination with ISIS, aided ISIS in using social media to spread propaganda supporting violent jihad, to recruit operatives, and to encourage others to carry out terrorist attacks.
The complaint and arrest were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; John C. Demers, Assistant Attorney General for National Security at the U.S. Department of Justice; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation. The case was investigated by the Chicago Joint Terrorism Task Force, which is comprised of numerous federal, state and local law enforcement agencies.
“This charge demonstrates that in order to keep our communities safe, law enforcement will vigorously pursue those who provide material support – in whatever form – to designated foreign terrorist organizations,” said U.S. Attorney Lausch. “Today’s arrest is a testament to the commitment and dedication of our prosecutors and law enforcement partners who stand watch over our country.”
“At a time when the threat from internet-inspired terrorism remains high, we must be vigilant against those who disseminate on-line propaganda promoting violence in support of ISIS, like Ashraf al Safoo is alleged to have conspired to have done,” said Assistant Attorney General Demers. “His arrest shows that the Department of Justice remains alert to this threat and continues to seek to hold people accountable for conspiring to support foreign terrorist organizations.”
“The safety of the American public is the FBI’s highest priority,” said FBI SAC Sallet. “Home-grown terrorists and ‘lone-actor’ operators continue to represent a threat to the homeland. The arrest today should send a clear message to these individuals, no matter who you are or where you may be, we will find you and arrest you. This case would not be possible without the combined efforts of the Chicago Joint Terrorism Task Force, and in particular the work of our partners at the Chicago Police Department and the Department of Homeland Security.”
According to the complaint, Al Safoo is a member of Khattab Media Foundation, an internet-based organization that has sworn an oath of allegiance to ISIS and created and disseminated ISIS propaganda online. Al Safoo and other members of Khattab have created and posted pro-ISIS videos, articles, essays and infographics across multiple social media platforms, at the direction and in coordination with ISIS, the complaint states. Much of the propaganda created and distributed by Khattab promotes violent jihad on behalf of ISIS and ISIS’s media office, the complaint states.
On Nov. 4, 2017, according to the complaint, Al Safoo reposted in a social media application for Khattab members an encouragement for people to help ISIS in any way possible, including by offering money or themselves. Al Safoo wrote, “Thus, it was incumbent on us to support them verbally and with money and soul and by inciting others to target the tyrants and expose the evil scholars and the Saudi rulers,” the complaint states. On May 23, 2018, according to the complaint, Al Safoo posted on multiple social media groups directions and encouragement for Khattab’s ISIS propaganda efforts: “Brothers, roll up your sleeves! Cut video publications into small clips, take still shots, and post the hard work of your brothers in the apostate’s pages and sites. Participate in the war, and spread fear.”
The complaint cites several images and videos created by Khattab and disseminated online. The postings include images of violence during the Christmas season, celebrations of terrorist attacks and mass shootings in the United States, and encouragement for “lone wolf” terrorist attacks in western countries. Because the material promoted violence, Khattab members frequently had their social media accounts suspended or deleted, the complaint states. The members sought access to hacked social media accounts and created accounts under fake names and identifiers. These accounts were then distributed to Khattab members to use in disseminating ISIS propaganda, according to the complaint.
The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. The conspiracy charge is punishable by up to 20 years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
The government is represented by Assistant U.S. Attorneys Barry Jonas, Vikas Didwania, Melody Wells and Peter S. Salib of the Northern District of Illinois, and Lolita Lukose, Trial Attorney of the National Security Division’s Counterterrorism Section.
Charges Added to the Latin King Street GangRead the Press Release
HAMMOND – United States Attorney Thomas L. Kirsch II announced federal racketeering and drug conspiracy charges against 6 members of the Latin Kings, a criminal enterprise operating in Chicago and Northwest Indiana. Named in today’s two-count superseding indictment are:
Jeremiah Shane Farmer, 37, of Hammond, IN
Sean Michael Pena a/k/a “Big Body,” 36, of Hammond, IN
David Ulmenstine a/k/a “Silent,” 27, of Harvey, IL
Miguel Angel Marines a/k/a “Egg,” 24, of East Chicago, IN
Reynaldo Robles a/k/a “Sneaky,” 27, of Lake Station, IN
Mark Anthony Toney a/k/a “Slim,” 39, of Lake Village, IN
This fifth superseding indictment alleges a conspiracy to commit racketeering activity by the Latin Kings street gang and a conspiracy to distribute and possess with intent to distribute cocaine, marijuana, and alprazolam (Xanax), with the conspiracies stretching back to 1999. Today’s superseding indictment charges for the first time that in 1999, in furtherance of the Latin Kings racketeering conspiracy, Farmer committed a double homicide during a robbery of a local Hammond, Indiana business. In total, 50 members or associates of the Latin Kings street gang have been charged in Northern District of Indiana as part of this case.
U.S. Attorney Kirsch said, “This indictment should send a strong message to those engaged in gang and other violent crime. We will focus all of our law enforcement efforts on reducing violent crime in my District.”
The United States Attorney's Office emphasized that an indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is the result of the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Chicago Police Department, the East Chicago Police Department, the Federal Bureau of Investigation, the Gary Police Department, the Hammond Police Department, the Lake County, Indiana, Sheriff’s Department and Lake County High Intensity Drug Trafficking Area officers and agents. The Northern District of Illinois United States Attorney’s Office and the Lake County Prosecutor’s Office also has provided assistance. The Latin King case is being prosecuted by Assistant U.S. Attorneys David J. Nozick, Nicholas J. Padilla and Joseph Cooley of the Northern District of Indiana.
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Chalmette Woman Sentenced in Connection with Oklahoma Tornado Disaster FraudRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that TIFFANY RICHARDSON, age 30, of Chalmette, Louisiana, was sentenced by U.S. District Judge Susie Morgan to prison for one (1) month followed by home confinement for seven (7) months in connection with her plea of guilty to one count of disaster relief fraud.
According to the court records, RICHARDSON applied for disaster assistance from the Small Business Administration following tornadoes that struck Oklahoma in 2013. She falsely claimed that she had a primary residence in an affected area of Oklahoma, when in fact, RICHARDSON lived in Chalmette, which is within the Eastern District of Louisiana. As a result, RICHARDSON fraudulently received disaster relief benefits from the Small Business Administration.
In addition to incarceration, RICHARDSON was sentenced to two (2) years of supervised release and restitution in the amount of $20,900 payable to the victim, the Small Business Administration.
U.S. Attorney Strasser praised the work of the Small Business Administration, Office of Inspector General, and the Department of Homeland Security for their investigation of the matter. Assistant U.S. Attorney Edward J. Rivera was in charge of the prosecution.
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Career Offender Sentenced to 25 Years’ in Prison for Drug TraffickingRead the Press Release
WILLIAMSPORT- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Hakim Handy, age 35, of Williamsport, Pennsylvania, was sentenced on October 16, 2018, by U.S. District Court Judge Matthew W. Brann to 25 years’ imprisonment and eight years’ of supervised release for his role in conspiring to distribute heroin and crack cocaine.
According to United States Attorney David J. Freed, Handy conspired to distribute more than 28 grams of crack cocaine and 4.2 grams of heroin (approximately 168 individual doses of heroin) between December 2014 and January 2015, in Lycoming County. Handy was designated a career offender due to three prior felony convictions for drug offenses.
The case was investigated by the Williamsport Police Department, Lycoming County District Attorney’s Office, the Lycoming County Narcotics Enforcement Unit, and the Federal Bureau of Investigation Safe Streets Task Force. Assistant United States Attorney Alisan V. Martin prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Canadian National Sentenced to 15 Years in Prison for Sexually Exploiting Two ChildrenRead the Press Release
BOSTON – A Canadian national was sentenced today in federal court in Springfield for enticing children over the internet to produce child pornography and to send the sexually explicit content to him.
Justin Carl Wong, 35, of Ontario, Canada, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 15 years in prison and 10 years of supervised release. In July 2018, Wong pleaded guilty to 10 counts of sexual exploitation of a minor. Wong was indicted in August 2014 and has been in custody since his arraignment on Aug. 10, 2017, after being extradited from Canada.
In December 2012, Wong used a Voxer account to communicate with two girls, aged eight and 10, in Hampshire County. Wong first sent text and voice messages to the 10-year-old girl, knowing that she was a minor, offering to be her “pretend boyfriend” and to help her “get a boyfriend in” her “real life.” Wong asked the girl to send him sexually explicit pictures of herself, and, initially, the child refused. Wong used psychological pressure to persuade and then to bully the girl to send him sexually explicit pictures by threatening to never speak to her again and telling her she would live a “lonely life” and to “have a nice life being alone.” He repeatedly referred to her as a “bitch” and said she was a “loser” because she refused to send him the pictures.
On Dec. 19, 2012, the 10-year-old girl succumbed to Wong’s repeated demands and sent three sexually explicit pictures of herself, as well as two sexually explicit photographs with the eight-year-old girl. Later that day, Wong engaged in a series of online communications with the eight-year-old girl in which Wong demanded specific kinds of sexually explicit pictures. The girl responded by sending to Wong five such photographs.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; U.S. Marshal John Gibbons for the District of Massachusetts; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Granby Police Chief Alan Wishart made the announcement. Assistant U.S. Attorney Alex Grant of Lelling’s Springfield Branch Office prosecuted the case.
This case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by U.S. Attorneys’ Offices and DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
California Woman Pleads Guilty to Defrauding Thousands in Nationwide Telemarketing Real Estate ScamRead the Press Release
Cynthia L. Rawlinson, 51, of Santa Barbara, California, appeared at the federal courthouse in East St. Louis, Illinois, this morning and pleaded guilty to a federal charge of conspiracy to commit mail fraud and wire fraud. Rawlinson’s criminal conduct occurred over a seven year period, during which she worked for a Santa Barbara telemarketing business owned by Michael S. Davenport, 50, former bass guitar player for the rock band, The Ataris. Davenport’s business changed names several times and was known at various times as MDSQ Productions, LLC, Housing Standard, LLC, Anchor House Financial, American Standard, American Standard Online, and Your American Standard. Court documents simply refer to the business as "American Standard."
As part of her guilty plea, Rawlinson admitted that she worked for several years as a salesperson for American Standard before eventually being promoted to sales manager. She also admitted that American Standard had fraudulently placed ads on Craigslist listing certain houses for sale or rent at very favorable prices when, in fact, the houses described in the ads didn’t exist. Consumers who responded to the ads were told they would have to purchase American Standard’s list of houses before they could see any additional information. Consumers were also told that the houses on American Standard’s list were in "pre-foreclosure," that they could purchase the properties by simply taking over the homeowners’ mortgage payments, and that the deeds to the homes would then be transferred into the customers’ names. The $199 fee that American Standard charged to access the list was purportedly to cover the cost of title searches and deed transfers. No matter what area of the country the consumer lived in, American Standard salespersons told them that the list contained numerous pre-foreclosure properties available in their area.
After the customers paid the $199 fee, they learned that the houses on American Standard’s list were not available to be purchased. A substantial number of the addresses contained on the list were fictional, or there were simply no houses at those locations. In numerous other instances, the houses were not in pre-foreclosure or financial distress, and were not available to be purchased
at below market prices. If the customers asked for more information about the houses they had seen on Craigslist, American Standard’s Customer Service Department always informed them that the houses were no longer available.
The American Standard conspiracy and scheme to defraud operated from approximately January 2009 through at least October 5, 2016, and victimized over 100,000 people to the tune of more than $25,000,000. There were victims located in all 50 states and the District of Columbia. Over 100 victims of the scam were located within the Southern District of Illinois, spread across 22 counties, with multiple victims in both St. Clair and Madison Counties. American Standard’s list included 534 houses located in Southern Illinois.
Rawlinson is scheduled to be sentenced on January 24, 2019, at 1:30 p.m. at the federal courthouse in East St. Louis, Illinois. Under the federal SCAMS Act, because the crimes involved telemarketing and victimized ten or more people over the age of 55, Rawlinson could receive as much as 30 years imprisonment and a fine of up to $250,000. She may also be ordered to pay restitution to her victims.
Davenport was charged in the same indictment as Rawlinson. He entered his guilty plea on September 28 and is scheduled to be sentenced in East St. Louis on December 28, 2018, at 10:00 a.m. Three other former American Standard employees also pleaded guilty in the Southern District of Illinois earlier this year. Mark A. Phillips, 50, and Semjase E. Santana, 37, were salespersons at American Standard’s headquarters in Santa Barbara, California. Carlynne L. Davis, 33, was a salesperson in the company’s Lompoc, California branch office. All three are currently awaiting sentencing.
This case is part of an ongoing investigation by the St. Louis Field Office of the Chicago Division of the United States Postal Inspection Service. The Office of the Honorable Joyce E. Dudley, District Attorney for Santa Barbara County, and the Santa Maria Office of the FBI have provided substantial assistance in the investigation. The case is being prosecuted by Assistant United States Attorneys Scott A. Verseman and Derek Wiseman.
California Man Sentenced for Possession with Intent to Distribute and Distribution of a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that a Vacaville, California, man convicted of Possession with Intent to Distribute and Distribution of a Controlled Substance was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
James Scott Ferguson, age 56, was sentenced on October 15, 2018, to 5 years in federal prison, followed by 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction stemmed from Ferguson obtaining high purity methamphetamine in California and then distributing at least 20 grams of it to individuals in Rapid City, using the U.S. Postal Service in 2016 and 2017. Law enforcement intercepted a package Ferguson sent to South Dakota for distribution in April 2017.
This case was investigated by the U.S. Postal Inspection Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Ferguson was immediately turned over to the custody of the U.S. Marshals Service.
California Man Sentenced for CyberstalkingRead the Press Release
LEXINGTON, Ky. – Jesse L. Kessler, of Fallbrook, California, was sentenced today, for using an electronic communication service to intimidate or harass another person in another state.
United States District Judge Danny C. Reeves sentenced 35-year-old Kessler to 24 months in federal prison, to be followed by six months’ community confinement. Kessler pleaded guilty, in July of 2018, to one count of cyberstalking. He admitted that after ending his relationship with his ex-girlfriend, he began sending electronic communications to her, her new boyfriend, and her father, which became increasingly frequent, threatening, and intimidating. Kessler emailed, texted, called, and otherwise electronically messaged the victim and her family and friends from a period of roughly June of 2017, until his arrest in February of 2018. Among these messages, Kessler emailed his ex-girlfriend, “You’ll both be seeing me soon but I’m not so stupid as to tell you exactly when. I’m back on the east coast so it will be much easier. For him, I’ll be the last person he ever sees. For you ... It’s you’ll be the last person I ever see.”
Under federal law, Kessler must serve 85 percent of his prison sentence. Upon his release, he will be under the supervision of the United States Probation Office for three years, which includes the six months of community confinement.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Michael A. Christman, Acting Special Agent in Charge, Federal Bureau of Investigation, Louisville Division, jointly announced the sentence. The investigation preceding the indictment was conducted by the Federal Bureau of Investigation. The United States was represented by Assistant U.S. Attorney Kathryn Anderson.
California Man Sentenced for His Role in Illegal Immigration SchemeRead 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 Marguin Sanchez, 23, of California, who was convicted of conspiracy to employ unlawful aliens, was sentenced to time served by Chief U.S. District Judge Frank P. Geraci, Jr. In addition, the defendant forfeited two properties that were used to house the illegal aliens.
Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that the defendant, along with co-defendant Jose Sanchez-Ocampo, assisted co-defendant Sergio Ramses Mucino, in hiring illegal aliens to work at four Mexican restaurants including Don Tequila on Allen Street in Buffalo, El Agave on Union Road in Cheektowaga, Agave on Elmwood Avenue in Buffalo, and La Divina on Delaware Avenue in Kenmore. The defendant was responsible for paying wages to the workers in cash and purchasing homes in his name where the illegal aliens who worked in the restaurants resided.
Jose Sanchez-Ocampo and Sergio Ramses Mucino were previously convicted and are awaiting sentencing.
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office, and the New York State Department of Taxation and Finance.
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Buffalo Man Sentenced on Cocaine ChargesRead 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 Larry Smith, Jr., 40, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, 28 grams or more of crack cocaine, was sentenced to serve 63 months in prison by Chief U.S District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between June 9 and July 27, 2017, the defendant sold crack cocaine to an individual working with the Drug Enforcement Administration on four occasions. In addition, on October 5, 2017, DEA agents recovered approximately 195 grams of cocaine in Smith’s residence at 56 Burgard Place in Buffalo.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
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Buffalo Man Sentenced for Selling Cocaine and FentanylRead 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 Rashawn Brown, 31, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, crack cocaine and fentanyl, was sentenced to serve 51 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on four occasions between March 31, 2017, and April 24, 2017, the defendant sold crack cocaine to an undercover officer working with the Lackawanna Police Department. On one occasion, Brown also sold both fentanyl and crack cocaine to the undercover officer.
The defendant was previously convicted in September 2012 in Erie County Court of Criminal Possession of a Controlled Substance in the Fifth Degree, a felony.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, and the Lackawanna Police Department, under the direction of Chief James Michel.
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Buffalo Man Pleads Guilty to Heroin ChargeRead 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 a Rashawn Crule, 42, of Buffalo, NY, pleaded guilty to possession with intent to distribute 100 grams or more of heroin before U.S. Magistrate Judge H. Kenneth Schroeder. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life and a $8,000,000 fine.
Assistant U.S. Attorney Meghan Tokash, who is handling the case, stated that between June 2013 and September 2015, the defendant possessed with intent to distribute and distributed various illegal narcotics including heroin, fentanyl, crack cocaine and cocaine. Crule also maintained a premises at 98 Gillette Avenue in Buffalo for the purpose of manufacturing, distributing and using these illegal narcotics. The defendant also allegedly possessed a 9mm handgun.
Crule made two sales of heroin to an individual working with the DEA. On November 2, 2015, investigators executed a search warrant and seized $74,878 in U.S. currency and a 14 karat white gold necklace form the defendant’s residence at 22 Homer Avenue in Buffalo, which represented drug trafficking proceeds. A second search warrant was executed at 98 Gillette Street in Buffalo where investigators seized heroin, fentanyl, crack cocaine, and cocaine. A firearm and 11 rounds of ammunition were also seized.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Detail Commander Mary Clark and Lieutenant Kevin Reyes, CNET West Commander; and the U.S. Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations.
Sentencing will be scheduled at a later date.
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Buena Vista Man Sentenced on Federal Child Pornography ChargeRead the Press Release
Lynchburg, VIRGINIA – A 32-year-old Buena Vista man, who was studying to become a youth pastor, was sentenced yesterday to 78 months in federal prison after pleading guilty earlier this year to possession of child pornography and attempting to send obscene material to a child under 16 years of age, United States Attorney Thomas T. Cullen announced.
Christopher Collins, 32, pleaded guilty on May 16, 2018, to offenses relating to his communications with an undercover officer posing as a 13-year old girl and the recovery from Collins’ digital devices of child pornography images. In addition to 78 months of incarceration, Collins was also sentenced yesterday to five years of supervised release and will be required to register as a sex offender upon his release from prison.
“The Department of Justice is committed to working with our federal, state, and local law-enforcement partners to prosecute individuals who exploit children through, among other reprehensible acts, child pornography,” U.S. Attorney Cullen stated today. “Each and every time these types of images are shared online, children are victimized. Accordingly, these cases are among the most important that we do as federal prosecutors, and we will make every effort to vindicate the interests of these vulnerable victims and protect them from further harm.”
In November 2016, the defendant, who used the screen name “NavyGuy4Yng” contacted an undercover officer. He sent pictures of his penis and a masturbation video to the officer and told the officer that his screen name on another website was “PastorGreg.” In February 2017, investigators with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the Rockbridge County Sheriff’s Office and the Office of the Virginia Attorney General, executed a federal search warrant at Collins’ Rockbridge County residence. During the on-scene investigation, officials seized digital devices and interviewed Collins. During the interview, Collins made various admissions, including the fact that he liked to roleplay online, that he communicated with girls who claimed they were between the ages of 13 and 15 years old, and that he transmitted videos and photographs of himself nude. In addition, investigators found child pornography images on digital devices seized from Collins’ residence.
The investigation of the case was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the Rockbridge County Sheriff’s Office and the Office of the Virginia Attorney General. Assistant United States Attorney Nancy S. Healey prosecuted the case for the United States.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Broward County Teacher Pleads Guilty to Possessing Child PornographyRead the Press Release
A Broward county teacher pled guilty yesterday to possessing child pornography.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida and Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Miami Field Office, made the announcement.
Gregg Donshik, 47, of Hollywood, Florida, pled guilty to one count of possession of child pornography, in violation of Title 18, United States Code, Section 2252(a)(4)(B). Sentencing is scheduled for December 21, 2018, before U.S. District Judge Beth Bloom. Donshik is facing a maximum statutory sentence of 20 years in prison.
According to court documents, in March 2018, HSI Miami received information from Interpol regarding internet users in the U.S. who had created accounts and purchased child pornography on the dark web. In relation to this investigation, federal law enforcement executed a search warrant at Donshik’s residence and recovered several computers and other electronic media, containing images and videos of children being sexually abused. At the time of his arrest, Donshik was employed as a teacher. However, evidence indicated he accessed and possessed the child pornography from his home.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about the Project Safe Childhood initiative and for information regarding Internet safety, please visit www.justice.gov/psc.
U.S. Attorney Fajardo Orshan commended the investigative efforts of ICE-HSI in this matter and thanked the South Florida Internet Crimes Against Children Task Force for their assistance. The case is being prosecuted by Assistant U.S. Attorney Francis Viamontes.
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.
Brooklyn Man Sentenced for Selling CocaineRead 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 Gilbert Guzman, 42, of Brooklyn, NY, who was convicted of possession with intent to distribute, and distribution of, cocaine, was sentenced to three years probation by U.S. District Judge Richard J. Arcara to possession with intent to distribute, and distribution of, cocaine.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that between May 2017 and October 18, 2017, the defendant conspired with co-defendants Stevie Alejandro, Aaron Hill, Cleophus Dentmond, and Catherine Ramos, and others, to distribute cocaine in the Lovejoy District.
On August 16, 2017, Guzman sold cocaine to an undercover police officer. Stevie Alejandro, who operated the Barberians Barber Shop at 1132 East Lovejoy Street, which is located directly across from Buffalo Public School #43, the Lovejoy Discovery School, provided the defendant with the cocaine for this transaction.
All five defendants have been convicted in this case.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Cheektowaga Police Department, under the direction of Chief David Zak; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
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Boston Man Sentenced for Failing to Register as a Sex OffenderRead the Press Release
BOSTON – A Boston man was sentenced today in federal court in Boston for failure to register as a sex offender.
Lance Pona, 27, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to one year and one day in prison and five years of supervised release. In June 2018, Pona pleaded guilty to one count of failure to register as a sex offender. Pona has been in custody since he was arrested and charged in April 2018.
Pona is required to register as a sex offender in Massachusetts based on a Colorado state court conviction for unlawful sexual contact in 2009. Following his imprisonment for that conviction, Pona left Colorado for Massachusetts. Despite living in the Boston area for approximately five years, Pona failed to report his presence to the authorities.
United States Attorney Andrew E. Lelling and John Gibbons, United States Marshal for the District of Massachusetts, made the announcement today. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, prosecuted the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Berkeley County residents arraigned on drug distribution chargesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Two Martinsburg, West Virginia, residents were arraigned today in federal court after being indicted on August 14, 2018 by a federal grand jury sitting in Martinsburg on drug distribution charges, United States Attorney Bill Powell announced.
Ellis Reginald Fennell, also known as “Z,” age 30, and Samione Monay Jones, age 31, are each charged with one count of “Conspiracy to Distribute Cocaine Base ‘Crack’,” and two counts of “Aiding and Abetting Distribution of Cocaine Base ‘Crack’.” Fennell and Jones are accused of selling “crack” cocaine in May 2017 in Berkeley County and elsewhere.
Fennell and Jones each face up to 20 years incarceration and a fine of up to $1,000,000 for each count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecutor’s Office, is prosecuting the cases on behalf of the government. The Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Baton Rouge Man Pleads Guilty to Illegal Possession of FirearmsRead the Press Release
United States Attorney Brandon J. Fremin announced today that, LESTER DESMOULIN, age 31, of Baton Rouge, Louisiana, pled guilty to one count of possession of firearms by a convicted felon. As a result of his conviction, DESMOULIN faces a significant term of imprisonment, fine, and a period of supervised release.
In the hearing before Chief U.S. District Judge Shelly D. Dick, DESMOULIN pled guilty to possession of a Glock 9mm semiautomatic pistol after having been convicted of three felony offenses between 2006 and 2016. His prior offenses include aggravated assault with a firearm and possession of controlled substances on two separate occasions, with all three resulting in felony convictions in the 19th Judicial District Court for the Parish of East Baton Rouge.
During the plea hearing DESMOULIN admitted that on July 31, 2017, defendant’s friend, Terrance Thornton, had hidden a Glock 9mm semi-automatic pistol at a private residence in Baton Rouge just prior to being arrested that day. Shortly after his arrest, Thornton contacted DESMOULIN via a jail call and directed DESMOULIN to go to the residence where he had earlier hidden the pistol and retrieve it. DESMOULIN then went to the residence in Baton Rouge and took possession of the Glock pistol. Thornton had previously pled guilty to being a convicted felon in possession of a firearm and, on October 10, 2018, was sentenced by U.S. District Judge John W. deGravelles to serve 10 years in federal prison.
U.S. Attorney Fremin stated, “The investigation of this offense, which involved a collective effort by several of our Violent Crime Strike Force partners, and the resulting conviction of DESMOULIN, highlights our effort to pursue offenders who have previously committed serious crimes and continue to engage in such conduct. Our collective efforts also reflect our continuing commitment to keep our community safe.”
“ATF, along with our state, local, and federal partners, will continue to focus our efforts on the disruption of violent crime in our community through the arrest and prosecution of Lester DESMOULIN and other violent criminals just like him”’ said ATF New Orleans Special Agent in Charge Dana Nichols. “Keeping our communities safe is a priority for all of law enforcement.”
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Baton Rouge Police Department, with substantial assistance from the Louisiana State Police Crime Laboratory and Fugitive Task Force. The case is being prosecuted by Assistant United States Attorney Paul L. Pugliese.
Baltimore Man Pleads Guilty to Attempting to Rob Undercover ATF Special Agents at Gunpoint During a Purported Drug DealRead the Press Release
Baltimore, Maryland – Donte Smith, age 33, of Baltimore, pleaded guilty today to assault of a federal officer and brandishing a firearm in the course of a crime of violence, in connection with the May 26, 2017, assault on two undercover Special Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
In a separate case, U.S. District Judge George L. Russell, III sentenced Sean Lloyd, age 26, of Baltimore, to seven years in federal prison, followed by three years of supervised release, for possession of a loaded firearm in furtherance of a drug trafficking crime. There is no parole in the federal system.
The guilty plea and sentence were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the ATF Baltimore Field Division; and Interim Police Commissioner Gary Tuggle.
“These cases highlight the connection between drug trafficking and gun violence. Both defendants’ gun crimes arose from drug trafficking—one to rob drug customers, and the other to protect his drug dealing. Unfortunately, in Baltimore drug dealers bring violence into their communities every day. With our law enforcement partners, we are targeting drug dealers to get drugs and guns off our streets,” said United States Attorney Robert K. Hur. “The undercover ATF agents, like all the law enforcement officers that work to identify and disrupt drug dealers, put their lives on the line every day. We are grateful for their service and sacrifice.”
“We are thankful every day that our dedicated Special Agents were unharmed in this attempted robbery,” said ATF Baltimore Special Agent in Charge Cekada. “ATF focuses our efforts in Baltimore on drug trafficking crews that use firearms to maintain and expand their turf. Special Agents risk their personal safety each time they infiltrate a criminal organization, yet they do this because they know the importance of their mission to protect the community from these violent criminals.”
DONTE SMITH PLEA
According to Smith’s plea agreement, on May 26, 2017, during an ATF undercover operation, Smith and his co-defendant, Menard Hazelwood, attempted to rob two ATF undercover Special Agents (UCs), who were working with a confidential informant (CI) to purchase $2,000 worth of heroin from a known heroin dealer. The UCs and the CI had picked up the heroin dealer, with one UC driving and the other UC in the front passenger seat, then drove to a location in West Baltimore to meet with the dealer’s supplier. The dealer got out of the car and told the CI and the UCs to wait; Smith and Hazelwood immediately walked up to the vehicle. Smith asked the UCs for a light and Hazelwood took advantage of the distraction and pointed a gun at the UC in the passenger seat. Smith then pointed a silver revolver at the other UC. Smith and Hazelwood demanded money. The UCs told Smith and Hazelwood, who continued to hold them at gunpoint, that there was cash in the vehicle. The UCs then gave the distress signal to the covert ATF team that was monitoring the operation. As the covert team arrived on the scene, the agents ordered Smith and Hazelwood to put their hands up. Smith fled, and the responding ATF Special Agents fired their service weapons, striking Smith. Hazelwood also broke away and ran to a nearby car, but was not able to get into the car. Special Agents arrested him at the scene.
Agents recovered the .44-caliber revolver brandished by Smith during the robbery, but did not recover the gun used by Hazelwood. Smith and Hazelwood admitted that they each participated in the robbery, but did not know that the undercover Special Agents were federal agents at the time of the robbery.
Smith and the government have agreed that if the Court accepts the plea agreements, Smith will be sentenced to between seven and 15 years in prison. U.S. District Judge George L. Russell, III has scheduled sentencing for March 29, 2018 at 11:00 a.m. Menard Hazelwood, age 29, of Baltimore, previously pleaded guilty to the same charges and is scheduled to be sentenced on March 29, 2019 at 2:00 p.m.
SEAN LLOYD SENTENCINGAccording to Lloyd’s plea agreement, on January 9, 2018, Lloyd was seen on Baltimore Police Department (BPD) surveillance cameras engaging in a hand-to-hand drug sale in the 2500 block of East Biddle Street in Baltimore. Shortly thereafter, BPD officers stopped Lloyd inside a nearby liquor store. Officers recovered a plastic bag containing three gel capsules of heroin; seven plastic containers of crack cocaine; and a loaded gun from Lloyd. As detailed in his plea, Lloyd had the gun for protection while he was dealing drugs.
These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
United States Attorney Robert K. Hur commended the ATF for its work in both investigations and the Baltimore Police Department for its work in the Lloyd case. Mr. Hur thanked Assistant U.S. Attorney Patricia C. McLane, who is prosecuting the Smith case, and Assistant U.S. Attorney Matthew DellaBetta, who prosecuted the Lloyd case.
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Armed Drug Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Dylan Robert Davison, 27, of Loxley, Alabama, was sentenced today for using, carrying or possessing a firearm during or in relation to a drug trafficking felony. Court documents reflect that Davison was stopped by Elberta police officers on Wortel Road near Highway 98 in Baldwin County, Alabama, for making an illegal U-turn. In the search of his vehicle, officers found a gun and several different types of drugs. Davison admitted after being advised of his rights that the items were his. He pled guilty to the gun charge in federal court on June 14, 2018.
United States District Court Judge Kristi K. Dubose sentenced Davison to 5 years imprisonment, to be followed by a five year term of supervised release. She ordered that Davison will undergo testing and treatment for substance abuse in prison and while under supervision. She ordered that he pay the $100 special mandatory assessment, but did not impose a fine.
The case was investigated by the Elberta Police Department and the FBI Safe Streets Task Force. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria A. Bedwell.
Acting Assistant Attorney General Jeffrey H. Wood Delivers Keynote Speech at the 26th Fall Conference of the American Bar Association’s Environment, Energy, and Resources SectionRead the Press Release
Remarks as Prepared for Delivery
Thank you for that kind introduction and thank you to the ABA Section of Environment, Energy, and Resources (SEER) for the honor of joining you this morning as a keynote speaker. Let me also recognize this year’s conference chair, Juge Gregg, who has done a remarkable job coordinating SEER’s 26th Annual Fall Conference.
Throughout my sixteen years of law practice, I have benefitted from many of this Section’s conferences and the excellent journals and publications produced by your members. A copy of the Spring 2004 edition of the Natural Resources & Environment Magazine, entitled “Enforcement and Compliance,” sits on my coffee table at Main Justice. I always appreciated that this Section provides both senior experienced attorneys as well as recent law graduates an opportunity to put their ideas and legal analyses out there for consideration among the nation’s environmental lawyers. My article – about state enforcement barring environmental citizen suits – is on pages 57 to 61 of the Spring 2004 edition. I had just graduated law school one year earlier, and I co-wrote the article with a cherished former colleague, Tripp Head, since lost to cancer, who was active in this Section and taught me a great deal about writing and lawyering.
If you glance through this edition, you will also see articles from others in this respected Section, including former Assistant Attorney General John Cruden and Deputy AAG Bruce Gelber, who co-authored an article on pages 10 to 18 about federal environmental enforcement, not to mention the article on pages 27 to 31 co-authored by Karen Mignone, Chair-Elect of the Section. Year after year, ABA SEER makes valuable contributions to the practice of environmental law across our nation. Thank you to all who contribute to make the Section so successful in its mission.
Introduction to ENRD
Since January 20, 2017, I have been honored to serve as the Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. About to celebrate its 110th birthday next year, our historic division is a powerful force for good in our country. It is our Division’s responsibility to enforce the nation’s environmental laws and to defend good governance by federal agencies engaged in management of natural resources, environmental protection, and land acquisition. We also have a vital role in Indian Country as well. With almost 600 attorneys, paralegals, and staff, and with a docket of more than 6,000 cases and matters, ENRD is engaged every day, all across the country, in pursuit of our important mission under law.
We have continued to look forward to the arrival of Jeff Clark as our next Assistant Attorney General. After a longer wait than was deserved, we were very pleased to see the Senate confirm Jeff last week. He is an exceptional lawyer and will do a great job as the leader of our Division. He served previously as a Deputy AAG during the tenure of AAG Tom Sansonetti, an outstanding leader of our historic Division in his own right. We currently anticipate Jeff Clark’s tenure to officially begin on November 1, 2018, at which point I will shed the “Acting” AAG title and continue serving in the Division as the Principal Deputy Assistant Attorney General.
In our front office, we are fortunate to be joined by our current team of Deputy AAGs: Bruce Gelber; Jean Williams; Eric Grant; and Jonathan Brightbill. Justin Heminger, an excellent attorney from our Environmental Defense Section, currently serves as Chief of Staff. We have a strong front office team focused on fulfilling the critical mission of ENRD. Jeff Clark’s arrival will undoubtedly make our team even stronger.
Our Division has been busy over the last 21 months. This morning, I want to share with you some insights into what we have been doing, and how we are approaching our civil and criminal enforcement matters and our defense of agency actions, including key priorities of this Administration. I’ll conclude with some remarks about our Supreme Court practice, including the mandamus petition we filed just yesterday in the Juliana litigation, described by some news reports as the “kids’ climate case,” but perhaps more appropriately should be called the “Jim Hansen case.”
ENRD and the Rule of Law
Under the leadership of Attorney General Jeff Sessions and Deputy Attorney General Rod Rosenstein, one overriding principle has governed our work: the impartial rule of law. This principle is reflected in virtually every speech they deliver, and it undergirds every decision they make. Recently, Attorney General Sessions framed the principle this way: “No greater good can be done for the overall health and well-being of our Republic, than preserving and strengthening the impartial rule of law.” He also framed it this way: “The rule of law is more than an outcome. It is a formal process that creates an opportunity for a jury or a court to produce a just outcome—and a just outcome may not be the politically popular one.”
Last week, I was honored to join the Attorney General in London where he delivered a major international speech about our nation’s efforts to combat the illegal trade in protected wildlife. He expressed our country’s longstanding view that the poaching and trafficking of protected wildlife is a “threat to good governance, a threat to the rule of law, and a challenge to our stewardship responsibilities for this good earth.” Again, he emphasized, “It is the rule of law that forms the foundation for liberty, safety, and prosperity.” Absent good institutions and the rule of law, which we are beyond blessed to have inherited in this great nation, we are utterly helpless in the fight to ensure clean air, clean water, clean land, and the conservation of natural resources.
Likewise, Deputy Attorney General Rosenstein recently reinforced that point when he was the keynote speaker at our Division’s annual awards ceremony in September, where we recognized the exceptional work of attorneys and support staff from across the Division as well as our agency partners. DAG Rosenstein reminded us that, in his words:
Government lawyers are obligated to advocate for the truth. Only we are accountable for investigating and disclosing evidence of innocence. Only we are accountable for refraining from advocating arguments that we know to be wrong. That is because our duty is to the truth and not a particular outcome in any case. That is what the rule of law is all about.
Enforcement and the Rule of Law
At ENRD, this fundamental principle of the impartial rule of law is a touchstone for our own work. Earlier this year, I issued a directive to our civil and criminal enforcement lawyers identifying central principles – the impartial rule of law, first among them – that should govern our environmental enforcement activities. We also sought to highlight other principles like cooperative federalism, exercising pragmatic decision-making, and protecting taxpayers and the public fisc, and we identified our current enforcement priorities. This directive, which the Attorney General reviewed and approved, is available for review on our website.
When the new Administration took office, there were probably some who mistakenly believed that we would be soft on enforcement. Twenty-one months later, I suspect that there are fewer who have that belief. Since January of 2017, our Division has recovered more than $1 billion in injunctive relief under Superfund to require cleanups of contaminated sites across the nation; obtained record-setting civil penalties in cases involving illegal dredging of protected streams and wetlands; and sought a record-sized civil fine for oil spills at land-based oil production facilities. These are just a few examples of our enforcement successes.
In fact, in the twelve month period from January 20, 2017 to January 20, 2018, my first year as Acting AAG, we secured $1.57 billion in civil penalties – our second best year over the past twenty years. Some may point out that much of that penalty comes from the Clean Air Act defeat device case against Volkswagen, which we concluded in 2017. But when you take out that penalty, ENRD still recovered $121 million in civil penalties, which by itself is higher than the civil penalties that we recovered over the same period in twelve of the last twenty years.
One trend that we have observed in our enforcement work is that we are initiating fewer cases per year than we used to file. But that is not a recent change – it is a long-term trend that you can see playing out over the past two decades. Many factors have contributed to this. For example, in many of our recent cases, we address violations of federal law at multiple facilities in the same settlement. Thus, in August of this year, we settled with a glass manufacturing company to resolve Clean Air Act violations at all six of the company’s facilities located in six different states. Rule of law does not mean weak enforcement – it means vigorous but even-handed enforcement that is consistent with a sound interpretation of applicable statutes and regulations.
Since I became Acting AAG, our Division also has pursued a broad range of criminal cases. Our prosecutors have convicted more than 30 defendants for wildlife trafficking crimes, with another 25 charged during that period. This is on top of significant numbers of additional defendants who have been charged and convicted in wildlife crimes cases brought by U.S. Attorney Offices across our country.
Earlier this year, our Division’s prosecutors obtained a significant prison sentence for a New York defendant found guilty of smuggling parts taken from endangered African lions and tigers. In another case this year, a California resident was sentenced to more than two years in federal prison for smuggling horns taken from endangered African black rhinos. And as part of a multi-year operation that included this case, at least 50 other defendants have been arrested, charged, convicted, and sentenced in recent years for smuggling ivory taken from African or Asian elephants, rhino horns, and other protected species. Last week, while in London with the Attorney General, I met with our counterparts at Interpol, and many countries to discuss ways to even more effectively pursue this international conservation imperative. Next week, the Attorney General is convening a forum to continue the discussion. We will be joined by leading experts from across the federal government who will be looking at ways to more effectively pursue criminal enforcement of our wildlife trafficking laws.
Just this week, our environmental prosecutors obtained guilty verdicts against four defendants in New Jersey charged with felony dog fighting. And we have been supporting the Administration’s efforts to combat the illegal growth of marijuana on our nation’s public lands, which is having devastating effects on water resources and protected species in the Western United States, especially right here in California.
Throughout our civil and criminal enforcement program, we have prioritized our work in cases involving fraud against the United States, as well as rooting out and bringing enforcement actions against those who would undermine the integrity of environmental programs and the public’s trust in them.
In just the last two months alone, our Division has announced several successes in fighting fraud. Let me quickly mention several of those.
We announced a major Clean Air Act civil settlement that requires the defendant – an energy company – to retire 36 million renewable fuel credits (valued at $10 million) and to pay a $25 million civil penalty.
We obtained a 63-month prison sentence for an Ohio man and $26 million in restitution for his role in a conspiracy that generated millions of dollars in fraudulent renewable fuel credits.
We reached a major settlement with an auto parts company over aftermarket defeat devices in vehicles.
And we obtained a guilty plea involving a seafood company selling millions of dollars of foreign crab meat falsely labeled as blue crab and as “product of USA.”
I am proud of the hard work of our ENRD enforcement attorneys – both civil and criminal – in these cases and many others across our full docket. These successes are also shared with our agency partners. On that point, let me say this: I have known and worked with Acting Administrator Andrew Wheeler and Susan Bodine, the Assistant Administrator for EPA’s enforcement office (OECA) for many years, before our time in this Administration, and I know they understand and appreciate the rule of law and the importance of enforcing our nation’s environmental laws. It is an honor to work alongside them in our shared mission of environmental enforcement.
Defending Good Governance
Even as we vigorously enforce the law consistent with sound principles of federal enforcement, our Division is also defending lawful actions by the agencies we serve. This includes the strong defense of federal permits that authorize the construction and operation of energy infrastructure projects like the Dakota Access Pipeline, which was held up in the prior administration but is now fully operational. We are in active and ongoing litigation related to many pipelines as well as other infrastructure projects around the nation. These infrastructure cases are a priority for the Division. Likewise, the Division has made it a priority to defend the rightful prerogative of a new administration to review and reconsider the costs, benefits, soundness, and legality of the prior administration’s policies and regulations.
In our defensive work, I have the privilege of working alongside great lawyers like Daniel Jorjani at the Interior Department, Stephen Vaden at the Agriculture Department, George Fibbe at the Energy Department, Paul Ney and Harry Kelso at the Defense Department, and EPA’s General Counsel Matt Leopold. Matt happens to also be a former ENRD attorney and is a longtime friend who I know is as committed as anyone to the Constitution, the rule of law, and our mission under law to protect human health and the environment. I was glad to see him on the program for this conference as well, with our Deputy AAG, Jon Brightbill.
As has been discussed at many of the sessions at this conference, the Trump Administration is undertaking an ambitious agenda of regulatory reform, which many credit with helping to fuel the economic growth and job creation that our nation is currently enjoying. ENRD is supporting this regulatory reform work by advising our client agencies on high-priority rulemakings and ensuring the effective defense of regulatory actions in court. Anyone who has litigated on behalf of the federal government knows that you win some and you lose some. While we strive to win, we seek to do so consistent with doing justice. In our regulatory rollback and reform work, our aim at ENRD is to avoid unnecessary litigation, support the integrity of the administrative process, and conserve the resources of the courts, the agencies, and other litigants, while also defending the rightful prerogative of the Administration to set its own policy agenda.
Of course, the vast majority of our defensive cases are Administrative Procedure Act (APA) cases. As such, the administrative record forms the factual backbone of these cases. Often, our ability to successfully defend an agency action depends on the record used by the agency to make its decision. We work every day to ensure that the agencies provide a complete and appropriate administrative record when their decisions are challenged in court. We also want those records to contain all the necessary record documents – no more and no less. This means that documents that are not properly part of the record should be excluded from the record. For instance, just because a document is subject to disclosure under a FOIA request related to a certain agency action does not mean the same document is necessarily considered part of the administrative record. This is especially true for deliberative documents. The FOIA analysis is different than the determination of whether a particular document is properly part of the administrative record, and FOIA might yield documents that were never even seen by the agency’s decisionmaker.
To assist our client agencies in that task, I issued a memorandum last year setting forth the Division’s current position on the contents of administrative records. That memorandum, which reverses a position announced by ENRD in January 1999, is consistent with the position taken by the Office of the Solicitor General in briefs filed in federal appellate courts. The memo makes clear that agency “deliberative documents” are not properly part of the record, and therefore, generally should not be produced as part of the administrative record filed with the court, nor listed in a privilege log. This position is based on the determination that documents reflecting internal deliberations are immaterial to the purpose of record review litigation under the APA, and including them would chill free and frank agency discussion and decision-making. This is an issue that continually arises in our APA cases.
Another issue that arises often in our defensive work is the propriety of nationwide injunctions. Attorney General Sessions recently issued a memorandum on this topic. His view, and the position of the United States, is very clear: the trend of federal courts issuing nationwide injunctions should be challenged. There has been a recent increase in the number of judges who have been willing to issue injunctions or orders that block the entire federal government from enforcing a law or policy throughout the country. Attorney General Sessions was unequivocal about such actions, stating in a recent memo that “[t]hese abuses of judicial power are contrary to law.” He explained that “[t]he Constitution does not grant to a single district judge the power to veto executive branch actions with respect to parties not before the court. Nor does it provide the judiciary with authority to conduct oversight of or review policy of the executive branch.”
This has been the longstanding position of the Executive Branch under previous Administrations from both political parties. The litigation guidelines issued by Attorney General Sessions will help ENRD attorneys present strong and consistent arguments in court against the issuance of nationwide injunctions. You can expect our attorneys to be making these arguments in your cases, should the issue come up. This is true even in cases where we might have a policy preference for a particular court to enjoin a rule. Again, this is based in the impartial rule of law.
ENRD in the Supreme Court
Turning next to our ENRD practice at the Supreme Court, if you attended yesterday’s Supreme Court review panel, you heard there are seven environmental, natural resource, and Indian law cases before the Supreme Court this term. Not surprisingly, ENRD, working with the Office of the Solicitor General, is involved in all of them. This includes cases about designation of critical habitat, Fifth Amendment claims against local municipalities in federal court, Indian treaty rights, uranium mining, and National Park Service lands in Alaska.
Through the years, the United States has a strong record on environmental and natural resource cases before the Supreme Court, particularly in cases where we ask the Court for review. Interestingly, looking back over the last decade, the United States has filed cert petitions in just eighteen ENRD cases, and of those eighteen petitions, the Supreme Court granted cert in nine cases – half of them.
Of course, as this term demonstrates, ENRD’s docket of Supreme Court cases usually originates from cases in which our opponents have sought Supreme Court review or the Court has asked the United States for its views on whether a particular petition in a non-government case should be granted. In fact, of the seven merits-stage cases in which ENRD is involved so far this term, all of the petitions were filed by other parties. And of those seven cases, we filed amicus briefs at the petition stage in four of them – one “uninvited” amicus brief in which we supported the State of Oklahoma’s cert petition in Carpenter v. Murphy (involving the territorial boundaries of the Creek Nation), and three amicus briefs filed at the request of the Supreme Court in which we also supported cert: Washington Dept. of Licensing v. Cougar Den, Inc. (involving state taxation on off-Indian reservation commercial activities); Virginia Uranium, Inc. v. Warren (involving federal preemption of state laws regulating uranium mining); and Herrera v. Wyoming (involving an 1868 federal treaty and the application of hunting regulations to members of an Indian tribe). You will note that most of these cases relate to Indian country issues, which remains a topic of particular interest for the Supreme Court.
Finally, just yesterday, the United States filed a mandamus petition in the Supreme Court in the Juliana litigation. The history of the case may be familiar to many of you, but let me take a moment to recount the timeline and the issues.
In 2015, the Juliana plaintiffs – 21 minors, an environmental advocacy organization, and a guardian purporting to represent “future generations” – sued the United States, the President, eight Executive Branch agencies, and other federal defendants for depriving them of an asserted right to “a climate system capable of sustaining human life” under the Due Process Clause of the Fifth Amendment and related legal theories. As relief, these plaintiffs asked the district court to order the federal government to “move to swiftly phase out CO2 emissions, as well as take such other action as necessary to ensure that atmospheric CO2 is no more concentrated than 350 ppm by 2100, including to develop a national plan to restore Earth’s energy balance, and implement that national plan so as to stabilize the climate system.” As the district court judge herself framed it, “really the endgame is setting up a survival plan unless one of the other branches of government act – unless they act.” The federal district court in Oregon has set a 50-day trial to begin on October 29, just ten days from now.
On behalf of the United States, ENRD moved to dismiss the case long ago, and more recently we moved for judgment on the pleadings. We showed that the plaintiffs lack standing; that the purported constitutional right that they assert simply does not exist; that the public trust doctrine, which exists only as a matter of state law, is totally inapplicable here; and that the plaintiffs have not identified specific governmental actions that could be subject to challenge under the APA. Because we firmly believe there is no legal basis for this case to be heard in federal court, we also moved to stay the trial until the district court ruled on those dispositive motions.
In fact, no fewer than three courts have recently ruled that claims of this nature are not justiciable. In July of this year, in City of New York v. BP, a federal district court in New York rejected claims against energy companies on trespass and nuisance theories alleging that their sale and promotion of fossil fuels contributed to global warming. The court explained that “[t]o litigate such an action for injuries from foreign greenhouse gas emissions in federal court would severely infringe upon the foreign-policy decisions that are squarely within the purview of the political branches of the U.S. government.” The court also recognized that “global warming and solutions thereto must be addressed by the two other branches of government,” and they “are not for the judiciary to ameliorate.”
Similarly, in June of this year, Judge Alsup in the Northern District of California dismissed public nuisance climate change claims brought by the cities of Oakland and San Francisco against oil companies, on the basis that those claims are barred by the separation of powers. In that case, ENRD filed an amicus brief explaining the United States’ position that courts should refrain from fashioning new judicial remedies to address climate change issues – a position with which the district court agreed.
And in August of this year, in a case styled Aji P. v. Washington, a Washington state court rejected climate change claims by twelve young Washington residents, including one of the named plaintiffs in the Juliana lawsuit. Similar to the plaintiffs in the Oregon lawsuit, the plaintiffs here asked the Washington court to order the State to develop “an enforceable state climate recovery plan” and retain jurisdiction to “approve, monitor and enforce compliance” with that plan. The court correctly dismissed the case, finding that the “relief requested by Plaintiffs would require the Court to usurp the roles of the legislative and executive branches of our state government” in violation of the separation of powers.
The Washington court also addressed a second issue relevant to the Oregon case: whether the Constitution provides a fundamental right to a healthy climate. In the Washington case, the plaintiffs asserted a constitutional right nearly identical to the one that the plaintiffs request the Oregon court to recognize: a right to “stable climate system that sustains human life and liberty.” But the Washington court declined to recognize such a right, stating: “A stable and healthy climate, like world peace and economic prosperity, is a shared aspiration – the goal of a people, rather than the right of a person. These types of aims are the objectives of a polity, to be pursued through the political branches of government. They are not individual rights that can be enforced by a court of law.”
In the Oregon case, however, the court has consistently ignored or rejected these basic principles of separation of powers and has invoked, instead, a purported “failure of the legal system to protect humanity from the collapse of finite natural resources by the uncontrolled pursuit of short-term profits,” and stated that the “third branch can, and should, take another long and careful look at the barriers to litigation created by modern doctrines of subject-matter jurisdiction and deference to the legislative and administrative branches.”
In our view, the Oregon lawsuit is an unconstitutional attempt to use a single court to control the entire nation’s energy and climate policy. It is a matter of separation of powers and preserving the opportunity in our system of government for those policies to be decided by the elected branches, not the courts.
The Attorney General, in a speech earlier this week about judicial encroachment into the policymaking sphere, put it this way:
[The courts] should decide legal questions based on the law and the facts – not their policy preferences. It is of no moment whether a judge likes or dislikes a policy matter. Sometimes judges adopt the view that they can order some policy outcome since the politically accountable branches failed to act. Their failure to act is a policy decision, not a gap for the judiciary to fill. When Congress rejects a proposed policy, a decision has been made – just as surely as when they pass a bill into law. Courts have no right to impose the rejected choice.
Thus, federal district court judges are not empowered to fashion immigration policy, combat climate change, solve the opioid crisis, or run police departments. The Legislative and Executive branches – of federal and state government – are the constitutionally authorized branches to do these things, and if these branches haven’t done so to the satisfaction of an unaccountable judge, it’s not because they need judicial expertise or advice.
The Justice Department is continuing our efforts to see that the Oregon case is dismissed, as is clearly warranted by law. Our mandamus petition, filed yesterday in the Supreme Court, makes a strong and persuasive case for dismissal. We will see how the Court decides the issue. In the meantime, trial preparation continues.
Beyond the legal defects, the fallacies of the plaintiffs’ policy approaches are significant, as well. They are ignoring the clear fact that the United States is the global leader in environmental protection. Indeed, the United States leads the world in greenhouse gas reductions, and the United States is the global leader in the development of new energy technologies that are helping to reduce emissions. And importantly, the plaintiffs in Oregon are ignoring the fact that clean and responsible production and use of fossil fuels remains vital to the health and well-being of the American people, as the Article I and Article II branches of our government, across Administrations, have continued to recognize through their legislative enactments and policies. At bottom, our defense in the Juliana case is built on the rule of law and the Constitution. It is, in a very real sense, about defending democracy.
Conclusion
As you can tell, ENRD is a busy place. Since I joined the Division on January 20, 2017, it has felt more like a sprint than a marathon. But I am proud of what we have achieved over these 21 months, and I am confident that many more successes lie ahead for the Division under the leadership of AAG Jeff Clark.
So, let me conclude, again, by thanking Juge Gregg and the other organizers of this important conference. It is an honor for me to address you this morning. Thank you.
Abington Man Sentenced for Robbing Three BanksRead the Press Release
BOSTON – An Abington man was sentenced today in federal court in Boston for robbing three Greater Boston-area banks.
John Soule, 53, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 42 months in prison, three years of supervised release, and ordered to pay approximately $58,551 in restitution. In July 2018, Soule pleaded guilty to three counts of bank robbery. Soule was arrested and charged in September 2017 and has been detained since.
On July 12, 2017, Soule entered a branch of the Eastern Bank in Cambridge, where he jumped over the teller’s counter, stated that he had a knife, and demanded the bank’s money. The tellers gave Soule money from their drawers, and Soule exited the bank with $12,940.
On Aug. 9, 2017, Soule entered a branch of the Webster Bank on Franklin Street in Boston and announced a robbery. He jumped over the tellers’ counter and demanded the bank’s money. The tellers gave Soule money from their drawers, and he exited the bank with $3,137.
One month later, on Sep. 8, 2017, Soule entered a branch of the Rockland Trust on Quincy Street in Quincy, where he approached a teller demanding money and then jumped over the counter and entered the bank’s vault. A post-robbery audit determined that Soule stole over $42,000 during the robbery.
Video surveillance cameras outside of all three banks captured images of Soule on a mountain bike moments before and immediately after the robberies.
Throughout the investigation, law enforcement received various tips and information that Soule was the person responsible. On Sept. 29, 2017, Soule was located and arrested with over $8,000 in his possession. Soule later admitted his involvement in the robberies.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.
"Operation Real Time:" Spartanburg Felon Sentenced to 10 Years for Firearm PossessionRead the Press Release
Greenville, South Carolina---- United States Attorney Sherri Lydon stated today that Harvest Maurice Sloan, age 39, of Spartanburg, was sentenced in federal court in Greenville, for being a felon in possession of a firearm. United States District Court Judge Mary Geiger Lewis of Columbia presided over the two-day trial in January and sentenced Sloan to ten years on the gun charge.
The government presented multiple witnesses during the course of the trial. Witness testimony and the evidence presented by the government at trial established that on April 25, 2017, a Greenville police officer encountered the defendant, Harvest Maurice Sloan, at a car while the officer was investigating a stolen vehicle report. During a search of the car, police located a backpack containing a loaded Ruger 9mm pistol, along with additional 9mm ammunition from the front seat area of the car.
A special agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) retrieved calls made by Harvest Maurice Sloan from the Greenville County jail that contained conversations relating to the pistol recovered by police.
Sloan was arrested federally as a part of “Operation Real-Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community.
Since August of 2015, the initiative has resulted in the expedited federal prosecution of some 159 defendants and seizure of approximately 266 firearms as well as assorted ammunition from prohibited persons.
U.S. Attorney Lydon commended the partnership between the state and federal agencies that led to the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the U.S. Attorney’s Office adopting the case, “We remain at the ready and are eager to continue and grow this effort—working alongside our state chiefs and sheriffs in taking violent repeat offenders out of our communities.”
The Greenville Police Department along with agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) investigated the case and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. The case was prosecuted by Assistant United States Attorney Max Cauthen in the Greenville U.S. Attorney’s Office.
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Thursday 18 October 2018
Worcester Man Sentenced for Being a Felon in PossessionRead the Press Release
BOSTON – A Worcester man was sentenced yesterday in federal court in Boston for being a felon in possession of a firearm and ammunition.
Franklin Safo-Agyare, a/k/a “Frankie So Smooth,” 25, was sentenced by U.S. District Court Judge Patti B. Saris to 30 months in prison and three years of supervised release, the first year of which he is prohibited from residing in or visiting the City of Worcester. In June, Safo-Agyare pleaded guilty to one count of being a felon in possession of a firearm and ammunition.
Following a two-year investigation, Safo-Agyare and eight others were charged in January 2018 in connection with illegal drug distribution and firearm possession within and near the Mildred C. Hailey Apartments in Jamaica Plain, formerly known as the Bromley Heath Housing Development.
On June 6, 2016, Safo-Agyare sold a firearm to a cooperating witness in the parking lot of a grocery store which is adjacent to the development. According to court documents, Safo-Agyare has multiple convictions for assault with a dangerous weapon, resisting arrest, carrying a firearm and ammunition, and possession of a Class A substance. Due to these convictions, Safo-Agyare was prohibited from possessing firearms during the time of the offense.
The investigation and arrests sought to reduce violence and improve the quality of life in and around the Mildred C. Hailey Apartments for residents by removing individuals who distributed drugs and/or were actively involved in violence and gang disputes.
United States Attorney Andrew E. Lelling; Lawrence J. Panetta, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Boston Police Commissioner William Gross made the announcement. Assistance was also provided by the Boston Housing Authority’s Department of Police and Public Safety.
The details contained in the charging documents are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Wichita Man Charged with Three RobberiesRead the Press Release
WICHITA, KAN. – A Wichita man was charged in federal court today with robbing three commercial businesses, U.S. Attorney Stephen McAllister said.
Willie Smith, 38, Wichita, Kan., is charged with three counts of robbery. Documents filed in court allege that Smith:
- Robbed the Express Mart convenience store at 565 S. Market in Wichita on Oct. 14. A clerk said the robber lifted up his shirt to reveal the handle of a gun.
- Robbed Peter’s Liquor store at 332 W. Harry on Oct. 15. A clerk said the robber pulled out a gun and said, “Give me the money.”
- Robbed a Quick Trip store at 1532 S. Seneca on Oct. 16. A clerk said the robber displayed a handgun and demanded money.
According to an affidavit filed in the case, investigators found Smith’s fingerprints at the Express Mart and the Quick Trip. Investigators did not find a gun.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000 on each count. The Wichita Police Department and the FBI investigated. Assistant U.S. Attorney David Lind is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
West Hazleton Man Guilty of Receiving Child PornographyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Michael Portanova, age 27, of West Hazleton, pleaded guilty on October 17, 2018, to receiving child pornography before Senior U.S. District Court Judge James M. Munley.
According to United States Attorney David J. Freed, Portanova admitted that he used his cell phone to receive images and videos of child pornography using a file-sharing network on the internet. Portanova committed the offense between August 2017 and October 30, 2017, in Luzerne County.
Portanova also admitted that he committed the offense after having been convicted of dissemination and possession of child pornography in Luzerne County in 2014.
Judge Munley ordered a presentence investigation to be completed, and scheduled sentencing for January 17, 2019.
Portanova was indicted by a federal grand jury in January 2018, as a result of an investigation conducted by Homeland Security Investigations and the Luzerne County District Attorney’s Office. Assistant United States Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
The maximum penalty under federal law for these offenses is 40 years’ imprisonment, a term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of 15 years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Washington, Pa. Felon Charged with Violating Federal Drug and Gun LawsRead the Press Release
PITTSBURGH – A federal grand jury has returned an indictment charging a resident of Washington, Pennsylvania, with violating the federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
The four-count indictment, returned on October 16, named Gerald Herion Williams, age 33, as the defendant.
According to the indictment, in the Western District of Pennsylvania, Williams, a felon, unlawfully possessed a firearm and ammunition on September 12, 2018. It is a violation of federal law for a convicted felon to possess a firearm or ammunition. The Indictment further charges the defendant with distributing and possessing with the intent to distribute a quantity of heroin and fentanyl on August 28, 2018, and quantities of methoxyacetyl fentanyl, a controlled substance analogue, on September 8, 2017, and on September 15, 2017.
The law provides for a maximum total sentence for the defendant of up to 30 years in prison, a fine of up to $6,250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.
Special Assistant United States Attorney Rachel Wheeler of the Washington County District Attorney’s Office is prosecuting this case on behalf of the government.
The Washington County District Attorney’s Office Drug Task Force, Washington City Police Department, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation leading to the Indictment in this case.
This case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.). On July 12, 2018, Attorney General Jeff Sessions selected the Western District of Pennsylvania as one of ten districts from across the country to implement the program. All cases involving the illegal distribution of synthetic opioids, such as fentanyl, arising in Washington County, Pennsylvania will be systematically prosecuted in federal court. The surge in federal resources has the twin goals of reducing the number of overdose fatalities and eliminating drug trafficking in synthetic opioids. The United States Attorney’s Office and the Drug Enforcement Administration, along with the Washington County District Attorney’s Office, the Pennsylvania State Police, and local Washington County Police Departments, are leading Operation Synthetic Opioid Surge (S.O.S.).