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Friday 5 October 2018
District Man Pleads Guilty to Federal Gun Possession ChargeRead the Press Release
WASHINGTON – Dominique N. Simms, 23, of Washington, D.C., pled guilty today to a federal firearms charge stemming from his arrest during the execution of a search warrant at a house in Northeast Washington announced U.S. Attorney Jessie K. Liu, Scott W. Hoernke, Acting Special Agent in Charge for the Washington Division Office of the U.S. Drug Enforcement Administration (DEA), and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Simms pled guilty in the U.S. District Court for the District of Columbia to a charge of unlawful possession of a firearm and ammunition by a person convicted of a crime punishable by imprisonment for a term exceeding one year. The Honorable Colleen Kollar-Kotelly scheduled sentencing for Jan. 10, 2019. Under federal sentencing guidelines, Simms faces an estimated range of 24 to 30 months in prison and up to three years of supervised release. The Court ordered him detained pending sentencing.
According to the government’s evidence, on May 16, 2018, members of a joint MPD and U.S. Drug Enforcement Administration task force executed a search warrant at a residence in the 5300 block of Clay Terrace NE. As officers entered the premises, they saw an unknown man run through the living room and out of the back door. Simms, who was sitting on the couch, attempted to run away from the entering officers. A search of the living room area revealed a loaded Glock 43 and a loaded Smith and Wesson 9mm semi-automatic handgun underneath the seat cushion of the chair next to where Simms was sitting. The guns were easily accessible from the couch area. Throughout the house, police also discovered more than seven ounces, or approximately 195 grams, of phencyclidine (PCP).
Law enforcement tested the firearms for the presence of any fingerprints or identifiable DNA. On June 12, 2018, the District of Columbia Department of Forensic Sciences identified one fingerprint – a left palm print – of Simms on the left side of the Smith and Wesson. On July 18, 2018, DNA analysts identified Simms’s DNA on both firearms.
The Glock 43 firearm had previously been reported stolen from a firearms store located in Rockville, Md. in 2017.
Simms was barred from possessing a firearm because of prior convictions in the District of Columbia. In the District of Columbia, he was sentenced in 2013 for robbery.
In announcing the plea, U.S. Attorney Liu, Acting Special Agent in Charge Hoernke, and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department and the Drug Enforcement Administration, specifically the Cross-Border Initiative Task Force. They expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences. They acknowledged the efforts of those who worked in the case from the U.S. Attorney’s Office, including Paralegal Specialists Catherine O’Neal and Teesha Tobias and Legal Assistant Emma Atlas. Finally, they commended the work of Assistant U.S. Attorney Gregory P. Rosen, who prosecuted the case.
Department of Justice Grant Awards Announced: More Than $70 Million to Support School Safety and $64 Million to Improve State Criminal Record SystemsRead the Press Release
WASHINGTON – United States Attorney Scott W. Brady joined the Department of Justice in announcing more than $70 million in grant funding to bolster school security, educate and train students and faculty, and support law enforcement officers and first responders who arrive on the scene of a school violence incident. In western Pennsylvania, $176,244 was awarded to the City of Erie, and two grants totaling $265,465 were awarded to the Erie City School District.
These grants are in addition to the funding for the National Association of School Resource Officers (NASRO), announced by Attorney General Sessions last week, to expand and update their curriculum to better support training programs. These grants will better protect students, teachers, faculty, and first responders across the United States. Additionally, the Department is awarding more than $64 million to state agencies to improve the completeness, quality, and accessibility of the nation’s criminal record systems, which will help law enforcement and increase the effectiveness of background checks.
"President Trump and his administration will ensure the safety of every American school," Attorney General Jeff Sessions said. "Earlier this year he signed into law the STOP School Violence Act, which provides grant funding to develop anonymous school threat reporting systems, to implement school building security measures, and to train students, school personnel, and law enforcement on how to prevent school violence. Today I am announcing $70 million in these grants to hundreds of cities and states across America. These grants will go a long way toward giving young people and their families both safety and peace of mind."
"Keeping students safe while at school is the first priority of every local government and school district," said U.S. Attorney Brady. "These funds will increase school safety in Northwest Pennsylvania."
The U.S. Attorney’s Office is co-sponsoring a School Safety Forum for school administrators on Thursday, October 18, 2018, from 9 a.m. to 1 p.m., at the Passavant Center on the campus of Thiel College in Greenville, PA. Presenters from the U.S. Secret Service – National Threat Assessment Center will be discussing steps that schools can take to develop violence prevention plans and conduct threat assessments.
The Office of Justice Program’s (OJP) Bureau of Justice Assistance (BJA) and the Office of Community Oriented Policing Services (COPS Office) together are making more than 220 awards to jurisdictions across the country to help make schools more secure. The awards, granted through three funding streams, will provide new technology for reporting systems and other threat deterrent measures and create school safety training and education programs for school administrators, staff, students, and first responders. Nationwide, this includes the support for existing crisis intervention teams and the creation of new ones.
• BJA’s STOP School Violence Threat Assessment and Technology Reporting Program will provide 68 awards valued at more than $19 million. This funding supports training to create and operate threat assessment and crisis intervention teams and to develop technology for local or regional anonymous reporting systems. This technology may be in the form of a mobile phone application, hotline, or website.
• The STOP School Violence Prevention and Mental Health Training Program, also managed by BJA, will provide training and education on preventing violence and effectively responding to related mental health crises. This program will fund 85 awards at nearly $28 million.
• The COPS Office School Violence Prevention Program (SVPP) will provide nearly $25 million to 91 jurisdictions for school safety measures including coordination with law enforcement, training for law enforcement to prevent student violence against others and self, target hardening measures, and technology for expedited notification of law enforcement during an emergency.
The grants are authorized by the STOP School Violence Act, which are intended to improve school security by helping students and teachers reduce exposure to risks, prevent acts of violence, and quickly recognize and respond to violent attacks.
The Department also announced that it has awarded more than $64 million to state agencies to improve the completeness, quality, and accessibility of the nation’s criminal record systems. These grants are administered by the Bureau of Justice Statistics, part of OJP. Approximately $43 million in funding will be administered through the National Criminal History Improvement Program (NCHIP), and nearly $21 million will be awarded under the National Instant Criminal Background Check System (NICS) Act Record Improvement Program. These grant programs help states automate and upgrade records accessed by the firearms background check system. This year, at the direction of the Attorney General, the Department prioritized funding for projects that improve accessibility of criminal history records, domestic violence convictions, and information on persons who are prohibited from possessing firearms for mental-health related reasons.
The Department is also investing over $1 million in research to better understand the factors behind mass shooting incidents. The grant awards, made by the Department’s National Institute of Justice (NIJ), part of OJP, support scientific investigations that will examine factors that contribute to mass violence, identify any patterns in mass shootings, analyze psychological and social life histories of mass shooters and community-level predictors of mass violence, and will examine firearm purchasing patterns of known mass shooters in order to create a risk prediction tool.
For addition information on these grant announcements, visit www.bja.gov or www.cops.usdoj.gov.
Department of Justice Awards Area Law Enforcement Agencies in Excess of $2,500,000 to Support Crime Reduction Efforts and Officer SafetyRead the Press Release
United States Attorney Brandon J. Fremin announced today that the Department of Justice has awarded several grants to state and local law enforcement agencies in the Middle District of Louisiana. Recipients of those grants include but are not limited to the Louisiana Department of Justice, Louisiana State Police, the East Baton Rouge District Attorney’s Office, the Baton Rouge Police Department, the Denham Springs Police Department, the New Roads Police Department and the Iberville Parish Sheriff’s Office to support crime reduction efforts and enhance officer safety.
Attorney General Jeff Sessions made the announcement during the recent National Public Safety Partnership Symposium on Violent Crime in Birmingham, Alabama attended by U.S. Attorney Fremin, Chief Murphy Paul of the Baton Rouge Police Department and Steve Danielson of the East Baton Rouge District Attorney’s Crime Strategies Unit. The National Public Safety Partnership is a DOJ-wide initiative that enables cities to consult with and receive a coordinated array of resources from DOJ’s programmatic and law enforcement components: the Bureau of Justice Assistance; United States Attorneys’ Offices; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Federal Bureau of Investigation; the U.S. Drug Enforcement Administration; the U.S. Marshals Service; the Office on Violence Against Women; the Office of Justice Programs; the Office of Community Oriented Policing Services; and other federal agencies in order to improve local violence reduction strategies through Project Safe Neighborhoods (PSN).
PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Through the enhanced PSN, the Department is targeting the most violent criminals in the most violent areas, utilizing policing tools that did not exist even a few years ago. Tools like Crime Gun Intelligence Centers (CGIC), which combine intelligence from gunshot detection systems, ballistics, gun tracing, and good old-fashioned police work, help to develop real-time leads on the “traffickers and trigger pullers” who are fueling the violence in their communities. By using modern technologies and cutting-edge police work, the Justice Department is deploying resources strategically to provide the greatest return on our community-based anti-violence efforts.
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
As a Public Safety Partnership member site, Baton Rouge will receive over $630,000, awarded to the Office of the East Baton Rouge District Attorney, that will be used to hire personnel to utilize the National Integrated Ballistic Information Network (NIBIN) and to purchase technology required to operate a Crime Gun Intelligence Center (CGIC) and ammunition for ballistic tests of recovered weapons. The Baton Rouge CGIC is an interagency collaboration of state, local and law enforcement agencies focused on immediate collection, management and analysis of crime gun evidence such as shell casings and test fires of unlawfully used firearms recovered in real time to identify criminal shooters, disrupt criminal activity and prevent future violence.
The Louisiana Department of Justice will receive $315,000 which will be used by the Louisiana Attorney General to focus on protecting children from technology-facilitated sexual exploitation by training and equipping personnel dedicated to the Louisiana Internet Crimes Against Children Task Force Program.
The Louisiana State Police will receive approximately $1,200,000 for statewide efforts to: create efficiencies in the validation and analysis of DNA samples at booking stations across the state; and to improve school security by providing resources to Louisiana’s STOP School Violence Threat Assessment and Technology Reporting Program.
The Baton Rouge City Police will receive over $400,000 which will be used to: support the effort of disrupting gun violence in Baton Rouge through a targeted deployment of officers using technology who will respond to firearm discharges, examine crime scenes, retrieve and process cartridge casings, and speak with community members who may have seen or heard the gunshot(s); provide a secure and anonymous mechanism for students, teachers, parents, and community members at large to report violent incidents as well as behaviors and activities that could lead to school violence; and to purchase much needed equipment.
Denham Springs Police Department will receive $27,000 and New Roads Police Department will receive $18,000 for the Body-Worn Camera Policy and Implementation Program. This funding will support the development, implementation and evaluation of body-worn camera program in each of these agencies. The Iberville Parish Sheriff’s Office will receive $20,000 for the purchase of additional equipment.
U.S. Attorney Brandon Fremin stated, “During a trip to Washington D.C. earlier this year Attorney General Sessions made it clear to me and to my fellow U.S. Attorneys that one of President Trump’s priorities is to reduce crime in America. General Sessions made a commitment to us to provide resources to our offices and to the districts in which we operate – all in an effort to bolster our already robust crime fighting strategies. The first of those efforts came earlier this year when General Sessions authorized U.S. Attorneys nationwide to hire over 300 Assistant United States Attorneys across the country - we’re adding 10 to my office. Today, I am proud to announce the commitment of federal dollars to further support this effort.” U.S. Attorney Fremin added, “The federal grant money distributed to our state and local partners is yet another example of our commitment to reducing violent crime in our district. As U.S. Attorney, I’ve had many conversations with senior law enforcement officials in our district and I know they are fully prepared to use these additional resources to make our community a safer place to live, work and raise our families. As long as I am U.S. Attorney I will fight for every resource available to assist in this effort.”
Attorney General Jeff Landry stated, “Our Internet Crimes Against Children taskforce is dedicated to protecting Louisiana’s children from predators. The great teamwork by our ICAC partners has resulted in the arrests of perpetrators from all over Louisiana,” said General Landry. “We are grateful to have federal partners who share our commitment to making Louisiana’s communities safer. And we are thankful that U.S. Attorney Fremin and the USDOJ have worked to secure this critical funding to defend our State’s children.”
“LSP remains committed to working alongside our federal and local law enforcement partners as well as school officials to ensure a safe learning environment for Louisiana’s children,” stated Colonel Kevin Reeves, State Police Superintendent. “We are very thankful to the U.S. Department of Justice for their consideration and subsequent grant award to the Louisiana State Police. Through the resources provided by these grants, State Police will begin immediate coordination with our partners to implement the necessary steps to improve school safety in Louisiana.”
East Baton Rouge Parish District Attorney Hillar Moore stated, “We are all very excited to see the federal government invest locally in technology to reduce violent gun crime. This award of $634,000 over the 3 year project timeline will enable our local Crime Strategies Unit and the Louisiana State Police Crime Lab to add personnel and technology to focus on linking expended casings recovered from crime scenes to the guns recovered from defendants; resulting in much more timely and effective prosecutions of the shooters.”
Chief of Police Murphy Paul of the Baton Rouge City Police stated, “I would like to acknowledge United States Attorney Brandon Fremin for his support in reducing violent crime in the City of Baton Rouge. The Baton Rouge Police Department and the United States Attorney’s Office have been working with local, state and federal law enforcement agencies to target violent offenders involved in felonious activity in the Baton Rouge area. As a result of this partnership, BRPD has been awarded over $400,000 to fund three different law enforcement led programs designed to reduce violent gun crimes, enhance school safety and fund police equipment.”
“The Denham Springs Police Department and City of Denham Springs will be greatly pleased to accept the FY 2018 grant for our body-worn camera initiative. In equipping all of our officers with body-worn cameras we hope to increase officer safety by using audio and video footage for training purposes, increase transparency in our day-to-day operations, increase the accountability of our officers, and reduce frivolous or unfounded complaints and civil actions against our officers,” stated Denham Springs Police Chief Shannon Womack.
The grants announced today build on the Department’s commitment to reducing violent crime in America, as directed by President Trump’s February 2017 Executive Order. The Department has also distributed additional resources and built up strong partnerships with local law enforcement in communities plagued by violent crime. For more information on U.S. Department of Justice grant announcements, visit www.bja.gov.
Department of Justice Announces Matt Dummermuth to Head the Office of Justice ProgramsRead the Press Release
The Department of Justice today announced Matt M. Dummermuth as the head of the Office of Justice Programs. Mr. Dummermuth replaces Laura L. Rogers, who now serves as Director of the Department’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking.
As Principal Deputy Assistant Attorney General, Mr. Dummermuth leads the Justice Department’s principal funding, research, and statistical component, overseeing more than $5 billion in grants and other investments intended to support state, local and tribal criminal and juvenile justice activities and victim services.
Mr. Dummermuth served as United States Attorney for the Northern District of Iowa from 2007 to 2009. Under his leadership, the office successfully orchestrated the nation’s most successful criminal immigration worksite enforcement action. The action resulted in the convictions of more than 300 hundred illegal immigrants for various document fraud, aggravated identity theft and other immigration-related offenses, as well as the convictions of the company’s day-to-day CEO, CFO, controller, operations supervisors and entire human resources department.
His office prosecuted record numbers of child exploitation defendants and launched an Internet-predator warning program that reached more than 42,000 students in 150 middle schools. In addition, he created the first human trafficking task force in Iowa, bringing together law enforcement agencies and victim assistance organizations to combat trafficking operations and provide services to trafficking survivors. During his tenure, the office also convicted 26 defendants, including 19 doctors, for illegally distributing more than 30 million prescription pills using half a million phony prescriptions, and shared with local law enforcement more than $4 million of the $7 million seized from the two Internet pharmacy companies and other defendants involved in the illegal scheme.
Mr. Dummermuth served on the Terrorism and National Security Subcommittee and the Child Exploitation and Obscenity Working Group of the Attorney General’s Advisory Committee. He was also a member of the Executive Board of the Midwest High Intensity Drug Trafficking Area.
Mr. Dummermuth previously served in the Justice Department as Counsel and Special Assistant to the Assistant Attorney General for Civil Rights, and as a Special Assistant United States Attorney in the Eastern District of Virginia. Prior to joining OJP, he was in private practice in Iowa where he focused primarily on civil litigation involving constitutional, governmental, agricultural and business matters.
He graduated from Harvard Law School, where he was editor-in-chief of the Harvard Journal of Law & Public Policy, and clerked for the Honorable Judge David R. Hansen of the U.S. Court of Appeals for the Eighth Circuit. Matt grew up on a crop and livestock farm in Iowa and graduated with a degree in agricultural engineering from Iowa State University.
Crime Reduction and Community Safety: Project Safe Neighborhoods 2.0Read the Press Release
ALEXANDRIA, Va. – One year ago, the Department of Justice announced the revitalization and enhancement of the Project Safe Neighborhoods Program (PSN), which Attorney General Jeff Sessions has made the centerpiece of the Department’s violent crime reduction strategy.
“As we celebrate the one-year anniversary of the revitalized PSN program, I am proud to reaffirm our commitment to PSN and highlight key efforts that are already paying dividends,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia.
- In Northern Virginia, we are partnering with law enforcement agencies to address violent gangs like MS-13 and the Bloods, and have furthered our efforts to reduce gun violence by prosecuting straw purchasers and illegal gun traffickers.
- In Norfolk, crime is down to the lowest level in 32 years, and the Norfolk Police Department seized more crime guns than in any previous year, and nearly as many as the total of the previous 10 years combined.
- In Richmond, where federal, state, and local law enforcement have partnered to focus on specific, violence plagued areas, violent crime in 2018 is down 26 percent, homicides are down 64 percent, aggravated assaults using firearms are down 53 percent, and robberies using firearms are down 31 percent.
“Throughout the past year, we have partnered with all levels of law enforcement, local organizations, and members of the community in an effort to reduce violent crime and make our neighborhoods throughout the Eastern District safer for everyone,” said Terwilliger. “Through these partnerships we have identified the violent crime issues unique to Northern Virginia, greater Richmond, and Tidewater, and strategically designed and implemented strategies to address and dismantle violent street gangs, such as MS-13 and the Bloods. We are also investigating and prosecuting individuals illegally acquiring and providing firearms to criminals, and working with state and local agencies to bring federal resources against criminals who are driving a disproportionate amount of crime in their respective communities.”
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
Enforcement Actions
In the Alexandria Division, the violence is driven largely by organized multi-jurisdictional gangs, most particularly the Bloods (United Bloods Nation), the Crips (Original Crips Homies), and MS-13 (Mara Salvatrucha) as well as more regional gangs and neighborhood crews. Investigations have revealed that these criminal organizations have also impacted the neighboring Western District of Virginia. To address this issue, we are partnering with the U.S. Attorney’s Office for the Western District of Virginia, the Northern Virginia Gang Task Force, and the Virginia State Police Drug and Gang Task Force to address violent gangs. Additionally, the Alexandria Division has targeted efforts to reduce gun violence by prioritizing the prosecution of straw purchasers and illegal gun traffickers. For example, the Alexandria Division recently prosecuted a group of defendants who straw purchased approximately 30 firearms from Federal Firearms Licensees (FFLs) in northern Virginia.
In Newport News, along with our law enforcement partners, we have dismantled the violent 36th Street Bang Squad and are continuing to investigate and prosecute other violent gangs. We have also initiated Operation Undertow with ATF, a strategy that focuses on a section of Newport News that has been especially plagued by drug-trafficking and firearms violence. Additionally, we are working in partnership with the Newport News Police Department and the Newport News Commonwealth Attorney’s Office to identify appropriate gun and drug cases for federal prosecution. Over the last year, the Newport News Division has charged approximately 30 Project Safe Neighborhood cases.
In Norfolk, we are using a strategy to identify and prosecute dangerous individuals in the community using federal racketeering laws. Beginning in 2017, the office, in partnership with ATF and local authorities, used this strategy to launch Operation Riptide, an aggressive program to prosecute dozens of armed felons. Additionally, we have supported the Norfolk Police Department in focusing on community policing of the most violent neighborhoods, and have joined its partners in outreach to local schools, and in developing partnerships with faith-based groups and other non-profit organizations, focusing specifically on community re-entry. In the last year, the Norfolk Division has charged 48 Project Safe Neighborhoods cases. This aggressive program in the Norfolk Division has led to historic reductions in crime. In 2017, the Norfolk Police Department seized more crime guns than in any previous year; indeed, it was nearly more than the total of the previous 10 years combined. In addition, crime in the area dropped by double-digits, to the lowest rate in the previous 32 years.
In Richmond, we are working with federal, state, and local law enforcement partners to identify the most dangerous segments of the community and have aggressively prosecuted several homicides and shootings in those areas. In doing so, we have removed numerous dangerous individuals from the streets of those communities. We also meet regularly with federal, state and local law enforcement partners to identify violent trends in greater Richmond and develop strategies to address them, including identifying cases against dangerous individuals appropriate for federal prosecution. In Richmond we have prosecuted over 35 Project Safe Neighborhood cases in the last year.
Improvements to Community Safety
The FBI’s official crime data for 2017 reflects that, after two consecutive, historic increases in violent crime, in the first year of the Trump Administration the nationwide violent crime rate began to decline. The nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly one and a half percent.
The preliminary information we have for 2018 gives us reason for optimism that our efforts are continuing to pay off. Public data from 60 major cities show that violent crime was down by nearly five percent in those cities in the first six months of 2018 compared to the same period a year ago.
PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A copy of this press release is located on the website of the U.S. Attorney's Office for the Eastern District of Virginia.
Convicted Fraudster Sentenced to Five Years in Prison for $7 Million Ponzi SchemeRead the Press Release
SAN FRANCISCO – Kevin Kyes was sentenced today to five years in prison for wire fraud and money laundering convictions arising from a $7 million Ponzi scheme, announced United States Attorney Alex G. Tse, Federal Bureau of Investigation Special Agent in Charge John F. Bennett, and the Internal Revenue Service, Criminal Investigation, Acting Special Agent in Charge Tara Sullivan. The sentence was handed down by the Honorable Susan Illston, U.S. District Judge.
After a week-long trial before Judge Illston, a jury convicted Kyes, 70, formerly of Campbell, Calif. and currently of Roseville, Calif., of one count of conspiracy to commit wire fraud, seventeen counts of wire fraud, one count of conspiracy to commit money laundering, and two counts of money laundering. The evidence at trial established that Kyes conspired to commit wire fraud and committed wire fraud as part of a nearly $7 million Ponzi scheme in which the victims were a group of more than 60 Japanese investors. The jury found that Kyes conspired to and did launder the proceeds of this fraud.
From December 2012 through July 2015, Kyes worked with John Holdaway, 74 of Sandy, Utah, to defraud the Japanese investors through a business that they referred to as “Money Management Strategies,” or MMS. Kyes and Holdaway told the investors their money would be invested in high-speed trading programs with historical returns of well over 100% annually. Kyes and Holdaway also told investors that their investments would be safe, in part because their principal investment would never leave the bank accounts into which the funds were sent, and that instead, MMS would draw a credit line secured by their funds and use that to fund trading. Kyes and Holdaway further explained that any trading losses would be borne by MMS. Based on the representations of Holdaway and Kyes, these investors wired money to bank accounts in Northern California controlled by Holdaway and Kyes. The Japanese investors sent approximately $6.8 million to Holdaway and Kyes during the scheme.
The evidence at trial demonstrated that, in reality, Holdaway and Kyes did not invest the money as promised. Instead, they spent the money themselves, used it to fund Ponzi-type payments back to investors, spent the money to pay back prior creditors to whom they owed funds, and spent it on gold-related businesses. In addition, Holdaway and Kyes told investors that they were receiving distributions or returns on their investment. To back up their claims, Holdaway and Kyes created and sent to investors fake documents, including phony account statements and forged letters from an accountant. Holdaway, with Kyes’s knowledge and participation, also sent emails to investors under fake names, to give the appearance that multiple people worked for Holdaway and Kyes, and lied about traveling to Europe or elsewhere to work on their investments.
A federal grand jury indicted Kyes and Holdaway on June 14, 2016, charging them with one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349; eighteen counts of wire fraud, in violation of 18 U.S.C. § 1343; one count of conspiracy to engage in monetary transactions in property derived from specified unlawful activity, in violation of 18 U.S.C. § 1956(h); and five counts of engaging in monetary transactions in property derived from specified unlawful activity, in violation of 18 U.S.C. § 1957.
In addition to the prison term, Judge Illston also ordered Kyes to serve three years of supervised release and to pay over $3.6 million in restitution. On October 6, 2017, Holdaway pleaded guilty to one count of conspiracy to commit wire fraud and one count of filing false tax returns, and is scheduled to be sentenced on November 16, 2018, also before Judge Illston.
Assistant U.S. Attorneys Benjamin Kingsley and Helen Gilbert are prosecuting the case with assistance from Bridget Kilkenny and Patricia Mahoney. The prosecution is the result of an investigation by the FBI and the IRS, Criminal Investigation.
Connecticut Man Indicted on Federal Firearms ChargeRead the Press Release
BOSTON – A Connecticut man was indicted yesterday in federal court in Springfield on a federal firearms charge.
Jermane Merlyn Samuel, 35, of Enfield, Conn., was indicted on one count of possessing and receiving a firearm with an obliterated serial number. Samuel was charged by complaint and arrested in September 2018; he has been in custody since.
According to court documents, on Sept. 20, 2018, Samuel received and possessed a Model 27 .40 caliber Glock pistol and a Model 17 9mm Glock pistol in a hotel parking lot in West Springfield. The serial numbers of both pistols had been obliterated.
The offense of receiving and possessing a firearm with an obliterated serial number carries a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement. Assistant U.S. Attorney Katharine A. Wagner of Lelling=s Springfield Office is prosecuting the case.
The details contained in an indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Commercial Fishers Sentenced for Willful Failure to Pay Taxes on Income Spanning 20 YearsRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that an Alaskan couple were sentenced today in Juneau for willfully failing to pay their individual income taxes, and instead prioritized spending money on traveling and gambling.
Archie W. Demmert III, 58, and Roseann L. Demmert, 61, both of Klawock, Alaska, were sentenced today by Chief U.S. District Judge Timothy M. Burgess to each serve 12 months, plus one day, in federal prison on two counts of willful failure to pay income tax. As part of their plea agreements, the Demmerts will pay restitution to the IRS for the calendar years charged covering 2011, 2012, 2013, and 2014.
Archie Demmert and Roseann Demmert both had commercial fishing permits for herring spawn on kelp, and Archie had an additional commercial fishing permit for a salmon purse seine. In May 2018, the Demmerts admitted in court that they earned income from commercial fishing for over a decade, from 2006 to 2014, but willfully chose not to pay over $300,000 in income taxes, excluding penalties and interest.
According to court documents, the Demmerts have a long history, dating back to at least 1994, of avoiding the majority of their taxpayer obligations. Even after the charges were filed in 2017, the Demmerts have not made any payments toward their taxes to the present day. Throughout the decades while the Demmerts have avoided collection of their taxes, they had the means to pay their taxes but they willfully chose not to do so. Instead, they spent their money on travel and gambling at casinos.
For example, in November 2012, Roseann Demmert cashed out over $20,000 from the Cache Creek Casino, but two days later told the IRS they could not make any tax payments. In 2012, the Demmerts took two trips to California wine country, spending thousands of dollars on their trips instead of paying their taxes. In 2013, the Demmerts agreed to settle their tax liabilities by paying $80,000; but then Archie Demmert withdrew $84,000 from their bank account and then told the IRS they had no ability to pay. Shortly after the cash withdrawals by Archie Demmert, the Demmerts were back gambling at casinos in Las Vegas and Washington, despite telling the IRS they had no way of paying their tax debt. In April 2014, the IRS made a demand for full payment of taxes and penalties not paid by the Demmerts; however, over the next six months, the Demmerts spent approximately $56,000 on travel, entertainment, casinos and paying their credit cards bills. Over the next few years, this pattern of not paying taxes but frequenting casinos continued until the court prohibited the Demmerts from going to casinos at the Change of Plea Hearing held in May 2018.
IRS Criminal Investigation (IRS-CI) conducted the investigation leading to the successful prosecution of this case. This case was prosecuted by Assistant U.S. Attorney Andrea Steward and Trial Attorney Lori Hendrickson of the Tax Division.
Charlestown Man Arrested for Distributing FentanylRead the Press Release
BOSTON – A Charlestown man was arrested today for distributing fentanyl out of an apartment in Chelsea.
Cruz Villar, 31, was charged with one count of distribution and possession with intent to distribute fentanyl - aiding and abetting; and one count of possession with intent to distribute 40 grams or more of fentanyl - aiding and abetting.
The first charge provides for a sentence of up to 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of up to $1 million. The second charge provides for a sentence of at least five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement today. Assistant U.S. Attorney Brian A. Pérez‑Daple of Lelling’s Criminal Division is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Cedar Rapids Man Sentenced to over Four Years in Prison After Illegally Obtaining a FirearmRead the Press Release
A Cedar Rapids man who received a firearm while under felony indictment was sentenced October 4, 2018, to more than four years in federal prison.
Michael Lee Valentine, age 21, from Cedar Rapids, Iowa, received the prison term after an April 23, 2018, guilty plea to illegal receipt of a firearm by a person under felony indictment.
At the guilty plea, Valentine admitted he received a firearm, specifically a Glock Model .23 .40 caliber pistol, while under indictment for felony offenses: going armed with intent and assault while displaying a dangerous weapon.
Valentine was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Valentine was sentenced to 55 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Valentine is being held in the United States Marshal’s custody until he can be transported to a federal prison.
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.
The case was prosecuted by Assistant United States Attorney Ravi T. Narayan and investigated by the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation, United States Marshal Service, and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-cr-0066.
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California Man Pleads Guilty to Selling MethamphetamineRead 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 James H. Bess, Jr., 63, of Apple Valley, CA, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to possession with intent to distribute of five grams or more of methamphetamine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and an $8,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on October 2, 2016, law enforcement officers conducted a controlled purchase with the defendant. During the buy, which took place inside Bess’s vehicle, the defendant sold a quantity of methamphetamine to another individual in exchange for $800 cash. Bess was arrested at that time.
During a search of the defendant’s vehicle, officers recovered three bags of methamphetamine. Officers also searched a room at the Red Roof Inn in the Town of Ellicott, which Bess had previously rented. During that search, officers recovered two additional bags of methamphetamine.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.
Sentencing will be scheduled at a later date.
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Cairo Man Sentenced to 188 Months in Federal Prison on Methamphetamine ChargeRead the Press Release
ALBANY: Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that 28-year-old Corey Jackie Smith of Cairo, Georgia was sentenced for Possession with the Intent to Distribute Methamphetamine before Senior U.S. District Court Judge W. Louis Sands in Albany, Georgia on Thursday, October 4, 2018. Mr. Smith was sentenced to 188 months in federal prison, to be followed by four years of supervised release. There is no parole in the federal system.
At his change of plea hearing, Mr. Smith admitted that officers attempted to arrest him on September 16, 2016, based on outstanding arrest warrants. When officers approached Mr. Smith, he walked into a Cairo business and was observed by officers throwing a golf-ball sized package into the corner of a storage room inside the business. Officers retrieved the bag and determined it was methamphetamine. Officers obtained surveillance video that depicted Mr. Smith walking into the storage room and discarding the bag of methamphetamine, which weighed approximately 29 grams after lab testing.
“Even our smaller towns are not immune to the sharp rise of the methamphetamine trade seen across the country,” said U.S. Attorney Charles E. Peeler. “I applaud the good work of the Cairo Police Department, and our other local law enforcement agencies, who remain relentless in the fight against illegal drugs in our communities.”
The case was investigated by the Cairo Police Department and was prosecuted by Assistant United States Attorney Leah McEwen.
Questions concerning this release should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Buffalo Man Sentenced for Beating A WitnessRead 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 Eric Taylor, 35, of Buffalo, NY, who was convicted of conspiring to retaliate against a witness, and retaliating against a witness, was sentenced to serve 48 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on October 11, 2014, the defendant approached the victim at a convenience store in Lackawanna and told the victim that Reuben Fears, a co-defendant in the Project Boys drug case, wanted to see the victim at the Gates Housing Project in Lackawanna. As the victim followed Taylor to the location, Taylor gave a verbal signal to co-defendant Sharon Thompson by singing a rap song. Sharon Thompson then jumped out from behind a dumpster and assaulted the victim by punching the victim in the back of the head knocking the victim down to the concrete. Taylor then joined in the assault and struck the victim on the other side of the head. The victim lost consciousness, had swelling and contusions on the head and neck area, and required stitches.
Taylor and Thompson attacked the victim following the arrest of Laron Thompson, another co-defendant in the Project Boys drug case, on a drug charge the day before on October 10, 2014. The Project Boys blamed the victim for that arrest. Eric
Taylor and Sharon Thompson planned a retaliation and Taylor took the victim’s cell phone while the victim was unconscious to check for evidence of cooperation with law enforcement officers.
Reuben Fears, Laron Thompson, Sharon Thompson, and 17 others were indicted in December 2014 for engaging in narcotics trafficking in the Gates Housing Project, a housing facility owned and operated by the Lackawanna Municipal Housing Authority. Laron Thompson and Sharon Thompson were previously convicted. Laron Thompson is awaiting sentencing, Sharon Thompson was previously sentenced to serve 24 months in prison. Charges are pending against Reuben Fears. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Taylor’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Lackawanna Police Department, under the direction of Chief James Michel.
# # # #Brooklyn Man Sentenced to 20 Years for Producing Child PornographyRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that DAVID SHALAM was sentenced to 20 years in prison today for the sexual exploitation of minors. SHALAM pled guilty on March 15, 2018. The sentence was imposed by United States District Judge Alvin K. Hellerstein.
Manhattan U.S. Attorney Geoffrey S. Berman said: “David Shalam previously admitted to the unconscionable crime of instructing others to engage in sexual acts with young children. Today’s sentence of twenty years in prison fittingly underscores the craven nature of Shalam’s acts. This Office will continue to aggressively bring perpetrators of crimes against children to swift and resolute justice.”
As set forth in the Superseding Information, the Complaint, and statements made during the plea proceeding:
Between April and December 2015, SHALAM paid a woman in Romania (referred to in the Complaint as “Jane Doe”) to participate in a series of live video chats over Skype, during which SHALAM directed Jane Doe to engage in specific sexually explicit conduct with her minor children, who at the time were approximately six and eight years old. SHALAM referred to Jane Doe’s real time sexual abuse of her children as “shows,” at least one of which SHALAM recorded.
In conjunction with Romanian authorities, the FBI recovered logs of instant messages between SHALAM and Jane Doe over Skype, during which SHALAM and Jane Doe discussed the kinds of sex acts SHALAM wanted to see performed, when the children would be home from school so that the “shows” could take place, and the cost of each “show.” SHALAM wired payments to Jane Doe through a Western Union branch in midtown, Manhattan, a few blocks from the office where SHALAM worked for a retail clothing company.
In addition to his conduct with Jane Doe, SHALAM also engaged in similar conduct with an individual located in Colombia, who engaged in sexually explicit conduct with minor children during live video sessions with SHALAM in exchange for payments.
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In addition to the prison term, SHALAM, 51, of Brooklyn, New York, was also sentenced to five years of supervised release.
Mr. Berman praised the investigative work of the FBI.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Alison Moe is in charge of the prosecution.
Bronx Man Pleads Guilty in Heroin Trafficking ConspiracyRead the Press Release
PITTSBURGH - A former resident of Bronx, New York, pleaded guilty in federal court to a charge of conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin, United States Attorney Scott W. Brady announced today.
Pedro Rosario, age 27, pleaded guilty to one count before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that Rosario conspired with other individuals to possess with intent to distribute, and possessed with intent to distribute over 100 grams of heroin.
The Court was further advised that on October 14, 2015, one of Rosario’s co-conspirators made arrangements to sell one hundred bricks of heroin for $14,500, and to advance an additional 50 bricks of heroin. Rosario and another of his co-conspirators, Shawn Robinson, arrived at the Hyatt Place in Robinson Township to deliver the heroin. When they arrived, Robinson was carrying a black plastic shopping bag. Inside of the shopping bag, officers recovered a clear plastic vacuum-sealed bag containing 150 bricks of heroin, weighing 185.92g.
Judge Bissoon scheduled sentencing for February 6, 2019. The law provides for a maximum total sentence of not less than five years and up to 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court ordered that Rosario remain detained.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
The Drug Enforcement Administration and the Pennsylvania State Police conducted the investigation that led to the prosecution of Rosario.
Bolivia, NC Man Sentenced to 117 Months in Prison for Drug Trafficking and Firearms OffensesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, United States District Terrence W. Boyle sentenced MICHAEL MONTRAY FRINK, 25, of Bolivia, North Carolina, to 117 months in prison, followed by 5 years of supervised release.
FRINK was charged by Indictment in the Eastern District of North Carolina with possession with intent to distribute heroin (Count One), possession of a firearm by a convicted felon (Count Two), and possession of a firearm in furtherance of a drug trafficking crime in violation (Count Three).
In 2017, the Brunswick County Sheriff’s Office received information that FRINK was selling heroin from his home in Calabash, North Carolina.
Agents conducted controlled purchases of heroin from FRINK at his home, and the agents then obtained a warrant to search FRINK’s home.
On June 9, 2017, the warrant was executed. Agents seized more than eight thousand dollars; two stolen, semi-automatic firearms (a 9mm Ruger handgun and a 9mm Glock handgun); ammunition; digital scales; more than 28 grams of heroin; and more than four grams of fentanyl. Prior to possessing the firearms, FRINK had been convicted of a felony.
FRINK agreed to be interviewed and admitted that all of the contraband, including the drugs and firearms, were his.
This case was brought by the United States Attorney’s Office through partnerships with the Brunswick County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant United States Attorney Scott A. Lemmon.
Attorney General Sessions and U.S. Attorney Kennedy Announce Progress in Making Our Communities Safer Through Project Safe NeighborhoodsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y. -- One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which Attorney General Sessions has made the centerpiece of the Department’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.Throughout the past year, the United States Attorneys Office and our federal partners have teamed up with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone.
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
“Here in Western New York, our PSN initiative has focused on the most violent areas within our largest population centers—the Cities of Buffalo, Rochester, and Niagara Falls,” stated U.S. Attorney Kennedy. “In each instance, we have sought to tailor the programs to the needs of the communities. While the PSN Programs in Rochester and Niagara Falls have existed for some time—in the form of Project Exile in Rochester, which this year celebrates its 20th Anniversary and is the longest running program of its kind in the country, and in the form of a dispute resolution project in Niagara Falls—the PSN program in Buffalo is new this year.”
Working collaboratively with our partners at the federal, state and local levels, we have identified the “C” and “E” Police Districts in the City of Buffalo as neighborhoods with higher incidents of violent crime. As a result, those Police Districts have been established as Project Safe Neighborhood areas of focus. Working closely with Erie County District Attorney John Flynn and Buffalo Police Commissioner Byron Lockwood, we have developed a process to identify potential federal cases involving firearms, including illegal possession and shootings. In addition, our Assistant United States Attorneys have conducted training of BPD Officers in those Districts regarding the enforcement and prosecution of federal gun crimes.
In the near future, we hope, working with the Buffalo Police Department, and all our partners, to start up a joint federal, state, and local non-fatal shooting task force to focus on violent gun crime in those target areas. Our goal is to identify defendants in non-fatal shooting crimes and remove them from the streets in order to prevent shooting fatalities in the future. By providing such assistance it is anticipated that the solve rates in all shootings, both fatal and non-fatal with be increased.
As we celebrate the one-year anniversary of the revitalized PSN program, here are some of the highlights of our PSN actions over the past year:
Enforcement Actions
• On September 7, 2018, Thamud Eldridge, 44, a/k/a Damu, of Buffalo, NY, who was convicted following a seven-week jury trial of multiple RICO, drug, and gun charges, was sentenced to serve 50 years in prison. The defendant was a member of a gang that specialized in targeting and then robbing drug dealers in and around the City of Buffalo, intending to steal their illegal drugs, money, and jewelry. Read more at: https://www.justice.gov/usao-wdny/pr/buffalo-man-sentenced-50-years-federal-prison-following-rico-conviction.
• On August 30, 2018, 12 members/associates of the CBL/BFL gang were indicted and charged with crimes which included: murder and assault in aid of racketeering, racketeering and narcotics conspiracy, and gun possession. Read more at: https://www.justice.gov/usao-wdny/pr/12-membersassociates-cblbfl-gang-indicted-charged-murder-and-assault-aid-racketeering.
• On December 20, 2017, Roderick Arrington, a/k/a Ra-Ra, 37, of Buffalo, NY, who was convicted following a jury trial of racketeering conspiracy, murder-in-aid-of-racketeering, and related charges, was sentenced consecutive sentences of life in prison. The defendant, a Schuele Boys Gang member, was also sentenced to 30 years in prison on two other firearm charges. Read more at: https://www.justice.gov/usao-wdny/pr/schuele-shooter-sentenced-life-prison.
• On August 29, 2017, Christian O. Dalmau, 31, of Bronx, NY, who was convicted of possession of a firearm by an unlawful user of a controlled substance, was sentenced to 120 months in prison. Subsequently, on May 16, 2018, Dalmau was indicted by the Eastern District of New York on multiple charges including use of firearms in connection with a drug trafficking crime, murder while engaged in narcotics trafficking offense, and causing death through use of a firearm. Read more at: https://www.justice.gov/usao-wdny/pr/bronx-man-sentenced-gun-charge.
Community Partnerships
• On September 19, 2018, U.S. Attorney Kennedy, DA Flynn, BPD Commissioner Lockwood and local elected officials met with the Concerned Clergy Coalition of Western New York to discuss recent violence in the city and what local clergy members can do to assist. Clergy members pledged to deliver to their congregations the message of how important it is, if they are truly interested in breaking the cycle of violence in their community, to stand up, come-forward, cooperate with law enforcement, and report criminal conduct. Moreover, the clergy agreed to raise funding for witness protection. Attendees also agreed to meet on a regular basis to continue the dialogue.
• On August 8, 2018, at the request of City of Buffalo officials, U.S. Attorney Kennedy gathered agency heads from a variety of federal law enforcement agencies, including the FBI, DEA, ATF, and HSI, to meet with Buffalo Police Commissioner Lockwood and Buffalo Mayor Byron Brown to discuss how federal law enforcement can help to reduce the violence that occurred in the City of Buffalo over the summer. The leaders strategized efforts to address the violence and encourage more cooperation from the public in solving the most violent of crimes.
• On March 15, 2018, U.S. Attorney Kennedy led the annual notification session in partnership with the Buffalo Police Department. Such sessions, in an effort to reduce recidivism, bring together members of federal and local law enforcement agencies, parole and probation, and clergy and community leaders, to share a message of encouragement and hope with a group defendants recently placed on probation or parole.
• U.S. Attorney Kennedy regularly participates in the Justice Report, a 30-minute program on Buffalo Public Access Television that highlights the workings of the U.S. Attorney’s Office. The goal is to create awareness and educate the public about the work done by the USAO and the ways in which community members can assist in those efforts.
Improvements to Community SafetyBoth nationally and locally, these efforts are producing results.
Nationally, the FBI’s official crime data for 2017 reflects that, after two consecutive, historic increases in violent crime, in the first year of the Trump Administration the nationwide violent crime rate began to decline. The nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly one and a half percent.
The preliminary information we have for 2018 gives us reason for optimism that our efforts are continuing to pay off. Public data from 60 major cities show that violent crime was down by nearly five percent in those cities in the first six months of 2018 compared to the same period a year ago.
Locally, the most recent statistics from the Erie Crime Analysis Center show that across the City of Buffalo violent crimes such as rape, robbery, and assault, were down 10.3% last year compared to the average of the previous five years. Moreover, within the designated PSN area (C and E Districts), firearm crimes were down 18.6% last year compared to the average of the previous five years, while illegal gun arrests in that same area were up 12.6% last year compared to previous year.
“If you think about gun violence, every gun crime really has 2 basic components: (1) an available gun; and (2) someone with the will to use it to shoot someone else,” added U.S. Attorney Kennedy. “With the latest estimates putting the number of guns in the United States at anywhere from 270 million to 310 million—a gun for nearly every man, woman, and child in our country—the simple truth is that regardless of how you may feel about gun control and the 2nd Amendment, guns are, and will remain, ubiquitous in American society. With a ready supply of available guns, then the only realistic way to reduce gun violence is to reduce the number of people who are doing violence with guns. That is, if we want to get rid of gun violence, we’ve got to get rid of the people who are willing to do violence with guns. One way to get rid of them is to arrest them and incarcerate them. That is our traditional role as prosecutors and law enforcers; we hold people accountable for their actions. The other way to get rid of people who are willing to do violence with guns is to change them. While accountability may be one way to change people, by sending the message of deterrence that certain consequences (incarceration) will flow from the commission of a certain action (using a gun for violence), it is not the only way. The community, and everyone in it, must also do our part to try to change the hearts and minds of those who might be inclined to use guns for criminal purposes—to show them a better way. In our District, we have designed our PSN initiative to employ both of these methods to ‘get rid of’ those who are willing to do violence with guns.”
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As PSN Celebrates Anniversary, Dallas Taskforce Surpasses 100 ArrestsRead the Press Release
As the National “Project Safe Neighborhoods” Initiative celebrates its one-year anniversary today, U.S. Attorney Erin Nealy Cox is proud to announce that the Dallas PSN Taskforce has executed its 100th arrest.
Fifty of these violent criminals have been charged in federal court, and dozens more face charges filed by the Dallas County District Attorney’s Office.
Dubbed “Operation Badge #10934” in honor of fallen DPD Officer Rogelio Santander, Dallas PSN was launched in February 2018 to tackle increasing violent crime.
Led by U.S. Attorney Nealy Cox and Dallas Police Chief Renee Hall, the PSN Taskforce -- a coalition of federal and local law enforcement that includes FBI, ATF, DEA, and the U.S. Marshals Service -- worked with TCU criminologists to analyze district-wide violent crime data. They zeroed in on a violent crime “hotspot,” a diverse community of around 98,000 people nestled at the intersection of Route 75 and LBJ Freeway. Home to densely-packed apartment complexes housing a significant refugee community, the neighborhood has a $41,883 median household income, a median age of just over 30, and more than 21,000 kids under the age of 14.
The PSN Taskforce believed the neighborhood, which suffers more than 15 homicides on average each year and ranks high in aggravated assaults and robberies, could benefit from a three-pronged approach, combining traditional enforcement, community outreach, and recidivism reduction.
Underscoring PSN Dallas’ momentum, the Justice Department this week awarded the Northern District of Texas more than $700,000 to fund PSN efforts in 2019.
Prong 1: Law Enforcement
PSN’s message to bad actors who set up shop in the hotspot is simple: We will not ignore violent crime in this community, and we will use every tool at our disposal to combat it.A group of more than 60 PSN taskforce officers and agents -- from the Dallas Police Department, FBI – Dallas Division, DEA, ATF, U.S. Marshals, Dallas Sheriff’s Office, Dallas District Attorney’s Office, DISD, and DART -- come together every week to review arrests and identify trends.
PSN AUSAs have charged dozens of individuals with federal felonies, ranging from carjacking to straw purchasing. Cases include:
- Keon Dwayne Thompson, Meco Deere, and Girtha Johnson, charged with kidnapping an individual known as “M.M.” in an effort to obtain money.
- Michael McConico, charged with felon in possession of a firearm after he was caught on surveillance camera shooting a 9mm handgun at an unknown victim behind a “Family Dollar” store. (VIDEO FOOTAGE of the shooting available upon request.)
- Aaron David Stallworth, aka “Ace,” charged with attempted carjacking after he used violence and intimidation to attempt to steal a 2010 Chevrolet Traverse.
- Demoushae and Tashonna Marsh, the straw purchasers of a gun later used to murder an innocent man, charged with acquiring a firearm by false statements after they purchased two 9mm Glock pistols from Academy Sports + Outdoors.
Prong 2: Community Outreach
Central to PSN’s mission is holding violent offenders accountable, but even the best law enforcement officers need the help – and trust – of crime victims and witnesses. PSN works to foster strong bonds between law enforcement and the PSN neighborhood’s burgeoning immigrant community.To that end, the taskforce translated educational materials into eight languages, then posted information cards detailing PSN goals and tip-line contacts at local retailers. The team reiterated the message at more than 45 community events with neighborhood groups, apartment managers, and local business organizations, where they spoke about the vision for a safer neighborhood and how residents could help achieve it.
As part of a project nicknamed “Operation Greenlight,” they encouraged locals to install security cameras at key intersections. And next month, the PSN taskforce will begin gang prevention sessions at high schools inside the hotspot.
PSN’s outreach has already yielded tangible results, including collaboration with residents leading to the arrests of several violent offenders.
In August, the U.S. Attorney’s Office celebrated these strides by hosting over 1,000 guests at the first annual Community Unity Festival at Tasby Middle School. While adults munched on complementary “Back the Blue” DPD BBQ and surveyed the job fair and wellness screenings, their kids peeked into the DEA chopper, crawled inside the FBI SWAT vehicle, donned tactical gear, and shot hoops with law enforcement officers. (PHOTOS available.)
Prong 3: Recidivism Reduction
Much of the PSN area crime is perpetrated by recidivists previously convicted of state and local offenses. PSN seeks to offer men and women recently released from prison or entering probation an alternative.One night a month, the taskforce hosts a mandatory Reentry Night, outlining ramifications of re-offending and presenting a buffet of resources, from job placement programs to counseling opportunities.
The sessions, typically attended by 300 people or more, strike a positive note, including video vignettes with testimony from former felons. In surveys distributed at the close of the session, 96% of attendees rated the program “helpful” in their reentry journey.
Our Goal
Following two years of alarming increases in 2015 and 2016, thankfully, statistics nationwide show a small but encouraging dip in violent crime in 2017. The U.S. Attorney is confident that working together, the PSN’s three-pronged approach will spark a similar downswing in violent crime in Dallas, creating safer neighborhoods across the metroplex.“I’m so proud of the way our local and federal law enforcement have come together to build relationships with the community and foster lasting change in a neighborhood that’s long been plagued by crime,” said U.S. Attorney Nealy Cox. “I’m confident this data-driven, comprehensive strategy can have a real impact. This community deserves nothing less.”
“We are truly excited about the success of Project Safe Neighborhood. This is community policing partnerships at its best. Since its inception, we’ve seen an overall reduction in crime of 6.43 percent,” added Dallas Police Chief Reneé Hall. “This dynamic initiative allows the Dallas Police Department’s PSN team to collaborate weekly on strategies to identify and target enforcement. The Dallas community is a safer area to live, work and play.”
“Creating a safe environment for Dallas citizens, with the assistance of law enforcement at every level, is a noble undertaking,” said Eric K. Jackson, FBI Special Agent in Charge of the Dallas Division. “The FBI supports PSN, and will be a part of making the City of Dallas safer for future generations.”
“DEA is proud to work in conjunction with the United States Attorney’s Office for the Northern District of Texas as well as numerous other federal, state and local law enforcement entities to combat violent crime as part of the Project Safe Neighborhood Initiative,” stated DEA Dallas Field Office Special Agent In Charge Clyde E. Shelly. “The partnership embodies the DEA motto, ‘Tough work, vital mission.’”
“ATF, our law enforcement partners and the strategic application of intelligence and resources have removed firearms and violent offenders from this community plagued by crime,” stated ATF Special Agent in Charge of the Dallas Division Jeffrey C. Boshek II. “I am confident the immediate impact is positive, and look forward to realizing the results of strategies beyond crime reduction. ATF remains committed to Project Safe Neighborhoods, the public, schools and businesses we serve through civic events, social media and crime prevention efforts designed to keep communities safe and thriving.”
“The U.S. Marshals Service, along with our federal, state, and local partners, is committed to the reduction of crime in our local neighborhoods,” said U.S. Marshal for the Northern District of Texas Richard Taylor. “While the USMS remains dedicated to locating and apprehending the most violent offenders, this partnership presents the opportunity to reach out to the community to help prevent crime.”
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face.”
Arizona Man Charged with Identity TheftRead the Press Release
Hammond – Rico Prunty, 36, of Sierra Vista, Arizona has been charged with conspiracy to commit identity theft, aggravated identity theft, and criminal violations of the Health Insurance Portability and Accountability Act (HIPAA), announced U.S. Attorney Kirsch.
According to court documents, between in or about July 2014 and continuing through in or about May 2017, Rico Prunty, an employee at an Arizona medical facility, accessed his employer’s patient medical intake forms which contained patients’ individually identifiable health information (i.e., patient names, dates of birth, social security numbers, and medical information) and provided that information to his co-conspirators in Northwest Indiana. His co-conspirators then utilized that personal information to open numerous credit card accounts or access existing credit card accounts without the knowledge, permission, or authority of these Arizona residents.
The United States Attorney’s Office emphasized that an Indictment is merely an allegation and that all persons 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 consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case was the result of an investigation by the U.S. Postal Inspection Service and in being prosecuted by Assistant United States Attorney Toi Denise Houston.
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Anniston Man Arrested on Federal Charge for Having Gun at High School Football GameRead the Press Release
ANNISTON – Authorities today arrested an 18-year-old Anniston man on federal charges for having a pistol at an Anniston High School football game on Sept. 28, announced U.S. Attorney Jay E. Town and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
ATF agents, assisted by the Anniston Police Department and the Seventh Judicial Circuit Major Crimes Unit, arrested CAMRON WATKINS on a federal criminal complaint charging him with knowingly having a gun within a school zone.
“Anyone who illegally brings a gun to a high school football game is a threat,” Town said. “Federal, state and local law enforcement have joined together to protect our schools and our communities from gun violence. Federal prosecution of gun crimes means real prison time.”
“The partnerships with the Anniston Police Department and the Calhoun County District Attorney’s Office are part of the efforts by ATF’s Crime Gun Intelligence to reduce potential violent crime that impacts our school systems,” Watson said.
“We are thankful to our federal partners ATF and the U.S. Attorney’s office for their tireless work in Anniston,” said Police Chief Shane Denham. “Gun crimes in Anniston will not be tolerated and we are prepared, by any legal means necessary, to pursue, arrest, and prosecute anyone possessing illegal firearms. The Anniston Police Department is committed to making our community a safe environment for all.”
“We are very appreciative of the U.S. Attorney’s Office and the APD working together to quickly address this public safety issue,” said Calhoun County District Attorney Brian McVeigh.
According to an arrest affidavit by ATF Special Agent Eric Hoxter, an Anniston Police officer working the Anniston High School football game on Sept. 28 stopped Watkins after a woman described Watkins to him and said he was carrying a gun. The officer found a loaded Taurus Model PT-709 9mm semi-automatic pistol stuck inside Watkins’ pants.
ATF, in conjunction with Anniston Police and the Calhoun County District Attorney’s Office, investigated the case, which Assistant U.S. Attorney John Geer is prosecuting.
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Thursday 4 October 2018
Wisconsin Man Sentenced to 50 Years in Prison for Producing Child Pornography Involving Infant and ToddlerRead the Press Release
WASHINGTON – A Marshfield, Wisconsin man was sentenced today to 50 years in prison for producing child pornography involving an infant and toddler during the summer of 2017.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Scott C. Blader for the Western District of Wisconsin and Special Agent in Charge R. Justin Tolomeo of the FBI’s Milwaukee Field Office, made the announcement.
Mark E. Bartz, 48, was sentenced by U.S. District Judge William M. Conley of the U.S. District Court for the Western District of Wisconsin. Bartz pleaded guilty on July 3, to two counts of producing child pornography. In addition to his prison sentence, he was sentenced to 25 years of supervised release.
According to court documents, Bartz produced child pornography involving a toddler and infant, including visual depictions of himself engaging in sexually explicit conduct with the infant. Bartz was also the administrator of online chat groups devoted to the trading of child pornography and posted the sexually explicit images he produced to those groups. He also engaged in sexually explicit conduct with other minors over the course of decades.
FBI Milwaukee investigated the case with substantial assistance from the FBI’s Violent Crimes Against Children (VCAC) Section. Trial Attorney Jessica L. Urban of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Elizabeth Altman of the Western District of Wisconsin prosecuted the case.
This investigation was a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and 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.
Veterinarian Charged with Filing False Tax ReturnsRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an eight-count indictment today against Jack Ray Snyder, 61, of Truckee, charging him with tax evasion and filing false tax returns, U.S. Attorney McGregor W. Scott announced.
According to court documents, between 2012 and 2014, Jack Ray Snyder filed false tax returns that failed to report significant income, deducted non-deductible personal expenses, and overreported his property taxes.
This case is the product of an investigation by the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Roger Yang is prosecuting the case.
If convicted, Snyder faces a maximum statutory penalty of five years in prison and a $100,000 fine for each count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.Van Nuys Man Arrested for Selling Fentanyl That Resulted in Death in First Case Investigated by DEA-led Opioid Overdose Task ForceRead the Press Release
LOS ANGELES – A Van Nuys man has been arrested on federal charges that he sold the powerful synthetic opioid fentanyl to a 23-year-old victim, who then suffered a fatal overdose.
James Dorion Rodriguez, 27, was arrested Wednesday afternoon at a motel in Mission Hills.
Rodriguez was taken into custody by officers with the Los Angeles Police Department, with the assistance of agents with the Drug Enforcement Administration. The arrest followed Rodriguez being charged in the first indictment brought under a new task force to investigate opioid overdoses.
The indictment, which was returned by a federal grand jury on September 28, charges Rodriguez with distributing the lethal dose of fentanyl. The case was unsealed today after Rodriguez was turned over to federal authorities.
The arrest of Rodriguez signals the first case brought under a new state-federal law enforcement partnership established to aggressively investigate opioid overdose deaths and prosecute the responsible drug dealers. The Drug Enforcement Administration’s newly formed Tactical Diversion Squad is part of the Southern California Drug Task Force, which operates under the auspices of the Los Angeles High Intensity Drug Trafficking Area (HIDTA) program.
“With this state and federal partnership, we are going after drug dealers who leave a trail of death and misery in their wake,” said United States Attorney Nick Hanna. “Fentanyl is a highly dangerous synthetic drug that has caused countless overdose deaths in our community, and we will use every tool at our disposal to send the dealers to federal prison.”
“DEA wants to send a very strong and clear message to street opioid dealers: You are predators and the federal law enforcement system will not tolerate you,” said DEA Associate Special Agent in Charge Daniel Comeaux.
A search warrant also unsealed today details an investigation after the overdose victim was found deceased in his crashed car in a restaurant parking lot on Ventura Boulevard in Sherman Oaks on the morning of March 18. The affidavit in support of the search warrant reflects how investigators used surveillance video, phone records and witness statements to determine that Rodriguez supplied the narcotics to the victim only hours before he was found dead. The affidavit also states that Rodriguez had intended to sell cocaine to the man, but accidentally gave him fentanyl instead. The overdose was the result of him snorting the drugs.
The affidavit documents how Rodriguez sold the fentanyl only one month after he was convicted on felony cocaine trafficking charges in Los Angeles Superior Court. When he was arrested on that state case in April 2017, Rodriguez was in possession of cocaine, various pharmaceutical narcotics and marijuana.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty.
Rodriguez is expected to be arraigned on the indictment this afternoon in United States District Court.
If convicted of the charge in the new indictment, Rodriguez would face a mandatory minimum sentence of 20 years in federal prison. The statutory maximum sentence for the narcotics distribution charge is life without parole.
The investigation was conducted by the Los Angeles Police Department’s Valley Homicide Bureau and the Drug Enforcement Administration.
This case is being prosecuted by Assistant United States Attorney Benjamin Barron of the Organized Crime Drug Enforcement Task Force.
United States Attorney Mike Stuart Announces Progress in Making our Communities Safer through Project Safe NeighborhoodsRead the Press Release
CHARLESTON, W.Va. -- One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department’s violent crime reduction strategy and a top priority of Attorney General Sessions. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Throughout the past year, we have partnered with federal, state and local law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone.
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
The Department of Justice has been tremendously supportive of our efforts in the Southern District of West Virginia to combat the opioid crisis and violent crime. Earlier this year, the Department of Justice invested and committed substantial new resources to the Southern District of West Virginia, including five new prosecutors and enhanced and strengthened programs to combat violent crime and intensify civil enforcement efforts. These prosecutors focus on identifying and prosecuting individuals who unlawfully possess firearms, including individuals with domestic violence convictions, those with violent criminal histories and drug traffickers that carry guns during the commission of their crimes. In further support of the Department’s PSN programs throughout the country, the Attorney General also announced awards of almost $28 million in grant funding to combat violent crime through PSN and another $3 million for training and technical assistance to develop and implement violent crime reduction strategies, and enhance services and resources for victims of violent crime.
“I am fully committed to ensuring that Project Safe Neighborhoods, a priority of this Administration, is the centerpiece of our enforcement strategy in the Southern District of West Virginia,” said United States Attorney Mike Stuart. “Since I took the oath as United States Attorney, we have built remarkable relationships with our federal, state and local partners and our aggressive enforcement actions are breaking all records in the District. We have been and will continue to be aggressive to ensure violent crime is attacked and our citizens protected. Everyone has a fundamental right to live in a safe neighborhood with safe streets and we will continue our efforts with a sense of urgency to ensure that public safety is our top and paramount priority.”
“ATF is committed to reducing gun violence in our neighborhoods by arresting armed violent offenders and their sources,” stated ATF Special Agent in Charge Stuart Lowrey of the Louisville Field Division. “Our ongoing partnerships with federal, state, and local law enforcement not only are a wise use of resources, but are getting measurable results for the citizens of West Virginia. We look forward to our continued work with the U.S. Attorney in our Project Safe Neighborhoods cases.”
As we celebrate the one-year anniversary of the revitalized PSN program, here are some of the highlights of our PSN actions over the past year:
Enforcement Actions
Our PSN enforcement efforts are currently focused in the cities of Huntington and Charleston. The City of Huntington experienced a precipitous increase in gun and violent crime in 2017: a 75% increase in homicides, the majority of which were committed with firearms, a 42% increase in violent crime, and an approximate 50% increase in non-fatal shootings. To address the violence, United States Attorney Mike Stuart announced “Project Huntington” in March 2018, doubling the number of federal prosecutors to focus on the most violent and chronic offenders in the city. As a result, a major takedown took place in April 2018 that dismantled a multi-state heroin and fentanyl network and netted several related violent and gun crime offenders.
So far in calendar year 2018, the United States Attorney’s Office for the Southern District of West Virginia has filed 45 PSN related indictments and informations charging approximately 110 defendants with various violent crime related offenses. Recent notable cases include:
- Jonathan Chafin and Robert Reid were convicted of stealing firearms from a federally licensed firearms dealer. The two defendants admitted breaking into Sportsmen’s Gun and Pawn multiple times and stealing over 150 guns. Chafin faces up to 10 years in prison and Reid faces up to 40 years in prison when they are sentenced in November 2018.
- Dillon Jackson was sentenced to 36 months in prison for stealing 24 firearms from an FFL. He admitted to trading the stolen guns for money and drugs.
- Terry Lee Powell, a former Mason County Deputy Sheriff was sentenced to 5 months in prison, followed by 6 months of home confinement for possession of a stolen firearm. Powell admitted that he sold a firearm he seized during an investigation instead of logging it into evidence.
- James Anthony Mitchell, from Detroit, Michigan, was sentenced to 30 months in prison for being a felon in possession of a firearm as a result of being caught with a gun after a bar fight in Huntington. Police received a call reporting a large bar fight at Rehab Bar. A bystander provided officers with a description, matching Mitchell’s, of a male with a gun who had just left the area. When officers found Mitchell, he had a loaded pistol in his waistband. Mitchell had previously been convicted of multiple felony offenses in state court and was prohibited from possessing a firearm.
- Bunthia Tach from Kansas was sentenced to 11 years in prison after pleading guilty to possession with intent to distribute methamphetamine and possessing a firearm in furtherance of a drug trafficking crime.
- Marshall Leroy Saunders was sentenced to 12 years in prison after pleading guilty to carjacking. Saunders was a suspect in an unrelated crime when police observed him entering a taxi. Saunders admitted that when police attempted to pull the taxi over, he pointed a loaded gun at the driver and ordered him out of the vehicle. Saunders then took control of the taxi, driving at speeds of up to 110 miles per hour before he was apprehended by law enforcement officers.
Community Partnerships
The United States Attorney’s Office SDWV has built unprecedented partnerships among various federal, state and local agencies, as well as community prevention coalitions to implement prevention, outreach and reentry initiatives. A series of community forums has been launched, with the first recently held in the Huntington, Cabell County area. A public messaging campaign is in development to inform the community about the PSN initiative and send a message of deterrence to potential offenders.
Improvements to Community Safety
- The FBI’s official crime data for 2017 reflects that after two consecutive years of historic increases in violent crime, the nationwide violent crime rate began to decline in the first year of the Trump Administration. The nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly one and a half percent.
- The preliminary information we have for 2018 gives us reason for optimism that our efforts are continuing to pay off. Public data from 60 major cities show that violent crime was down by nearly five percent in those cities in the first six months of 2018 compared to the same period a year ago.
- According to the FBI’s crime data for West Virginia, violent crime incidents decreased from 5131 in 2016 to 4805 in 2017.
- Since the April 2018 DTO takedown in Huntington, the city is seeing significant decreases in violent crime. Comparing April 2018 – September 2018 (2 quarters) with that of the same time period in 2017, homicides decreased from 8 to 2, non-fatal shootings dropped from 24 to 9, and overall violent crime incidents fell from 217 to 181. Interestingly, first responders report that overdoses have been trending downward in the area since our significant enforcement action. Treatment professionals also indicate an increase in substance abuse disorder treatment referrals.
- In 2018, ATF referred 79 firearm cases with 118 defendants to the U.S. Attorney’s Office, SDWV. Also, during the same time period, ATF seized 466 firearms in the Southern District of West Virginia with a street value of over $86,000.
These enforcement actions and partnerships 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. Learn more about Project Safe Neighborhoods.
SDWVNews and USAttyStuart
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U.S. Charges Russian GRU Officers with International Hacking and Related Influence and Disinformation OperationsRead the Press Release
A grand jury in the Western District of Pennsylvania has indicted seven defendants, all officers in the Russian Main Intelligence Directorate (GRU), a military intelligence agency of the General Staff of the Armed Forces of the Russian Federation, for computer hacking, wire fraud, aggravated identity theft, and money laundering.
According to the indictment, beginning in or around December 2014 and continuing until at least May 2018, the conspiracy conducted persistent and sophisticated computer intrusions affecting U.S. persons, corporate entities, international organizations, and their respective employees located around the world, based on their strategic interest to the Russian government.
Among the goals of the conspiracy was to publicize stolen information as part of an influence and disinformation campaign designed to undermine, retaliate against, and otherwise delegitimize the efforts of international anti-doping organizations and officials who had publicly exposed a Russian state-sponsored athlete doping program and to damage the reputations of athletes around the world by falsely claiming that such athletes were using banned or performance-enhancing drugs.
The charges were announced at a press conference by Assistant Attorney General for National Security John C. Demers, United States Attorney for the Western District of Pennsylvania Scott W. Brady, FBI Deputy Assistant Director for Cyber Division, Eric Welling, and Director General Mark Flynn for the Royal Canadian Mounted Police.
"State-sponsored hacking and disinformation campaigns pose serious threats to our security and to our open society, but the Department of Justice is defending against them," Attorney General Jeff Sessions said. "Today we are indicting seven GRU officers for multiple felonies each, including the use of hacking to spread the personal information of hundreds of anti-doping officials and athletes as part of an effort to distract from Russia’s state-sponsored doping program. The defendants in this case allegedly targeted multiple Americans and American entities for hacking, from our national anti-doping agency to the Westinghouse Electric Company near Pittsburgh. We are determined to achieve justice in these cases and we will continue to protect the American people from hackers and disinformation."
“The investigation leading to the indictments announced today is the FBI at its best,” said FBI Director Christopher Wray. “The actions of these seven hackers, all working as officials for the Russian government, were criminal, retaliatory, and damaging to innocent victims and the United States’ economy, as well as to world organizations. Their actions extended beyond borders, but so did the FBI’s investigation. We worked closely with our international partners to identify the actors and disrupt their criminal campaign - and today, we are sending this message: The FBI will not permit any government, group, or individual to threaten our people, our country, or our partners. We will work tirelessly to find them, stop them, and bring them to justice.”
“We want the hundreds of victims of these Russian hackers to know that we will do everything we can to hold these criminals accountable for their crimes,” said U.S. Attorney Brady. State actors who target U.S. citizens and companies are no different than any other common criminal: they will be investigated and prosecuted to the fullest extent of the law.”
The defendants, all Russian nationals and residents, are Aleksei Sergeyevich Morenets, 41, Evgenii Mikhaylovich, Serebriakov, 37, Ivan Sergeyevich Yermakov, 32, Artem Andreyevich Malyshev, 30, and Dmitriy Sergeyevich Badin, 27, who were each assigned to Military Unit 26165, and Oleg Mikhaylovich Sotnikov, 46, and Alexey Valerevich Minin, 46, who were also GRU officers.
The indictment alleges that defendants Yermakov, Malyshev, Badin, and unidentified conspirators, often using fictitious personas and proxy servers, researched victims, sent spearphishing emails, and compiled, used, and monitored malware command and control servers.
When the conspirators’ remote hacking efforts failed to capture log-in credentials, or if the accounts that were successfully compromised did not have the necessary access privileges for the sought-after information, teams of GRU technical intelligence officers, including Morenets, Serebriakov, Sotnikov, and Minin, traveled to locations around the world where targets were physically located. Using specialized equipment, and with the remote support of conspirators in Russia, including Yermakov, these close access teams hacked computer networks used by victim organizations or their personnel through Wi-Fi connections, including hotel Wi-Fi networks. After a successful hacking operation, the close access team transferred such access to conspirators in Russia for exploitation.
Among other instances, the indictment alleges that following a series of high-profile independent investigations starting in 2015, which publicly exposed Russia’s systematic state-sponsored subversion of the drug testing processes prior to, during, and subsequent to the 2014 Sochi Winter Olympics (according to one report, known as the “McLaren Report”), the conspirators began targeting systems used by international anti-doping organizations and officials. After compromising those systems, the defendants stole credentials, medical records, and other data, including information regarding therapeutic use exemptions (TUEs), which allow athletes to use otherwise prohibited substances.
Using social media accounts and other infrastructure acquired and maintained by GRU Unit 74455 in Russia, the conspiracy thereafter publicly released selected items of stolen information, in many cases in a manner that did not accurately reflect their original form, under the false auspices of a hacktivist group calling itself the “Fancy Bears’ Hack Team.” As part of its influence and disinformation efforts, the Fancy Bears’ Hack Team engaged in a concerted effort to draw media attention to the leaks through a proactive outreach campaign. The conspirators exchanged e-mails and private messages with approximately 186 reporters in an apparent attempt to amplify the exposure and effect of their message.
Each defendant is charged with one count of conspiracy to commit computer fraud and abuse, which carries a maximum sentence of five years in prison, one count each of conspiracy to commit wire fraud and conspiracy to commit money laundering, both of which carry a maximum sentence of 20 years. Defendants Morenets, Serebriakov, Yermakov, Malyshev, and Badin are each also charged with two counts of aggravated identity theft, which carries a consecutive sentence of two years in prison. Defendant Yermakov is also charged with five counts of wire fraud, which carries a maximum sentence of 20 years.
Defendants Yermakov, Malyshev, and Badin are also charged defendants in federal indictment number CR 18-215 in the District of Columbia, and accused of conspiring to gain unauthorized access into the computers of U.S. persons and entities involved in the 2016 U.S. presidential election, steal documents from those computers, and stage releases of the stolen documents to interfere with the 2016 U.S. presidential election.
According to the indictment:
Context of the Hacking and Related Influence and Disinformation Efforts
In July 2016, the World Anti-Doping Agency’s (WADA) Independent Person Report (the “First McLaren Report”) was released, describing Russia’s systematic state-sponsored subversion of the drug testing process prior to, during, and subsequent to the 2014 Sochi Winter Olympics. This investigation had the support of advocates for clean sports, including the United States Anti-Doping Agency (USADA), the Canadian Centre for Ethics in Sport (CCES, Canada’s anti-doping agency). Eventually, in some instances only after arbitration rulings by the International Court of Arbitration for Sport (TAS/CAS), approximately 111 Russian athletes were excluded from the 2016 Summer Olympic Games, in Rio de Janeiro, Brazil, by a number of international athletics federations, including track-and-field’s International Association of Athletics Federations (IAAF). The International Paralympic Committee (IPC) further imposed a blanket ban of Russian athletes from the 2016 Paralympic Games, which were also held in Rio.
Intrusion Activities in Rio de Janeiro, Brazil
Days after the release of the First McLaren Report and the International Olympic Committee’s and IPC’s subsequent decisions regarding the exclusion of Russian athletes, the conspirators prepared to hack into the networks of WADA, the United States Anti-Doping Agency (USADA), and TAS/CAS. The conspirators, including specifically defendants Yermakov and Malyshev, procured spoofed domains (which mimicked legitimate WADA and TAS/CAS domains) and other infrastructure, probed such entities’ networks, and spearphished WADA and USADA employees. Although Yermakov and Malyshev are both alleged to have prepared to send spearphishing e-mails to TAS/CAS, the indictment does not allege that organization was compromised.
Likely as a result of the conspirators’ failure to capture necessary log-in credentials, or because those victim accounts that were successfully compromised did not have the necessary access privileges for the sought-after information, defendants Morenets and Serebriakov, in at least one instance with the remote support of Yermakov, deployed to Rio to conduct hacking operations targeting and maintaining persistent access to Wi-Fi networks used by anti-doping officials. As a result of these efforts, in August 2016, the conspirators captured that IOC official’s credentials and thereafter used them, and another set of credentials belonging to the same official to gain unauthorized access to an account in WADA’s ADAMS database and medical and anti-doping related information contained therein. (The broader ADAMS database was not compromised in the intrusion.)
Also in 2016, a senior USADA anti-doping official traveled to Rio de Janeiro for the Olympics and Paralympic games. While there, the USADA official used Wi-Fi at the hotel and other Wi-Fi access points in Rio to remotely access USADA’s computer systems and conduct official business. While the USADA official was in Rio, conspirators successfully compromised the credentials for his or her USADA email account, which included summaries of athlete test results and prescribed medications.
Intrusion Activities in Lausanne, Switzerland
In mid-September 2016, WADA hosted an anti-doping conference in Lausanne, Switzerland. On September 18, 2016, defendants Morenets and Serebriakov traveled to Lausanne with equipment used in close access Wi-Fi compromises. On or about September 19, 2016, Morenets and Serebriakov compromised the Wi-Fi network of a hotel hosting the conference and leveraged that access to compromise the laptop and credentials of a senior CCES official staying at the hotel. Other conspirators thereafter used the stolen credentials to compromise CCES’s networks in Canada, using a tool used to extract hashed passwords, the metadata of which indicated it was compiled by Badin.
Intrusion Targeting Anti-Doping Officials at Sporting Federations
In December 2016 and January 2017, conspirators successfully compromised the networks of IAAF and the Fédération Internationale de Football Association (“FIFA”) and targeted computers and accounts used by each organization’s top anti-doping official. Among the data stolen from such officials were keylogs, file directories, anti-doping policies and strategies, lab results, medical reports, contracts with doctors and medical testing labs, information about medical testing procedures, and TUEs.
Related GRU Influence and Disinformation Operations
On September 12, 2016, shortly after the compromise of the IOC official’s ADAMS credentials, but before the compromise of USADA’s and CCES’s networks, conspirators claiming to be the hacktivist group Fancy Bears’ Hack Team used online accounts and other infrastructure procured and managed by Unit 74455, as well as the website fancybears.net, to publicly release TUEs, other medical information, and emails stolen from anti-doping officials at WADA, USADA, CCES, IAAF, FIFA, and approximately 35 other anti-doping agencies or sporting organizations. In some instances, the WADA documents were modified from their original form. Ultimately, the Fancy Bears’ Hack Team released stolen information that included private or medical information of approximately 250 athletes from almost 30 countries.
The conspirators’ release of the stolen information was, in some instances, accompanied by posts and other communications that parroted or supported themes that the Russian government had used in its official narrative regarding the anti-doping agencies’ investigative findings. From 2016 through 2018, the conspirators engaged in a proactive outreach campaign, using Twitter and e-mail to communicate with approximately 186 reporters about the stolen information. After articles were published, conspirators used the Fancy Bears’ Hack Team social media accounts to draw attention to the articles in an attempt to amplify the exposure and effect of their message.
Other Targets of the Conspiracy
The conspiracy is also alleged to have targeted other entities in the Western District of Pennsylvania and abroad that were of interest to the Russian government. For example, as early as November 20, 2014, Yermakov performed reconnaissance of Westinghouse Electric Company’s (WEC) networks and personnel. In the following months, Yermakov and conspirators created a fake WEC domain and sent spearphishing emails to WEC employees’ work and personal email accounts, which were designed to harvest the employees’ log-in credentials.
More recently, in April 2018, Morenets, Serebriakov, Sotnikov, and Minin, all using diplomatic passports, traveled to The Hague in the Netherlands in furtherance of another close access operation targeting the Organisation for the Prohibition of Chemical Weapons (OPCW) computer networks through Wi-Fi connections. All four GRU officers intended to travel thereafter to Spiez, Switzerland, to target the Spiez Swiss Chemical Laboratory, an accredited laboratory of the OPCW which was analyzing military chemical agents, including the chemical agent that the United Kingdom authorities connected to the poisoning of a former GRU officer in that country. However, Morenets, Serebriakov, Sotnikov, and Minin were disrupted during their OPCW hacking operation by the Militaire Inlichtingen- en Veiligheidsdienst (MIVD), the Dutch defense intelligence service. As part of this disruption, Morenet’s and Serebriakov’s abandoned the Wi-Fi compromise equipment, which they had placed in the trunk of a rental car parked adjacent to the OPCW property. Data obtained from at least one item of this equipment confirmed its operational use at multiple locations around the world, including connections to the Wi-Fi network of the CCES official’s hotel in Switzerland (the dates the conspirators conducted the Wi-Fi compromise of the senior CCES official’s laptop at the same hotel), and at another hotel in Kuala Lumpur, Malaysia in December 2017.
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In connection with the unsealing of the indictment, and in an effort to limit further exposure of the private lives of victim athletes, the FBI seized the fancybears.net and fancybears.org domains pursuant to court orders issued on October 3, 2018, in the Western District of Pennsylvania.
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty. Moreover, the maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentence of a defendant will be determined by the assigned judge.
The FBI, led by the Pittsburgh and Philadelphia Field Offices, conducted the investigation that resulted in charges announced today. The FBI’s investigation was assisted by a parallel, independent Royal Canadian Mounted Police investigation. This case is being prosecuted by the U.S. Attorney’s Office for the Western District of Pennsylvania and the National Security Division’s Counterintelligence and Export Control Section. The Criminal Division’s Office of International Affairs provided assistance throughout this investigation, as did the MIVD, the Government of the Netherlands, Switzerland’s Office of the Attorney General, the U.K.’s National Security and Intelligence Agencies, and many of the FBI’s Legal Attachés and other foreign authorities around the world.
Note: More information can be found at https://www.justice.gov/opa/documents-and-resources-october-4-2018-press-conferenceU.S. Attorney Scott W. Murray Commemorates First Anniversary of the Reinvigoration of Project Safe NeighborhoodsRead the Press Release
CONCORD - One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which Attorney General Jeff Sessions has made the centerpiece of the Department’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders to make lasting reductions in crime.
Throughout the past year, we have partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone. Federal, state and local law enforcement, state and federal department of corrections and federal and state prosecutors meet regularly at the United States Attorney’s Office to share intelligence, and develop strategies to combat violent crime in New Hampshire. Often this strategy involves combatting crimes involving firearms and drugs. A key part of this strategy involves targeting those who illegally purchase firearms for felons. We also target those who obtain firearms for other individuals who are prohibited from possessing guns.
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
“As a county prosecutor and now as United States Attorney, I have seen firsthand that Project Safe Neighborhoods can directly improve public safety in our communities,” said U.S. Attorney Murray. “In the midst of New Hampshire’s opioid crisis, an immediate benefit of the program is that it targets drug traffickers who use firearms. Selling drugs is an inherently dangerous business and dealers routinely use firearms to intimidate or harm rivals. By denying guns to drug dealers, we reduce the likelihood of collateral injury to the public. This program is a partnership of federal, state, and local law enforcement officers who are working to protect our citizens from violent crime and crimes involving firearms. By working together to identify the individuals whose actions are threatening public safety, we seek to make sure that all New Hampshire residents truly live in safe neighborhoods.”
As we celebrate the one-year anniversary of the revitalized PSN program, here are some of the highlights of our PSN actions over the past year:
New Hampshire was one of three states with a population under two million to receive a grant to combat violent crime. Specifically, the Manchester Police Department, the New Hampshire State Police and the New Hampshire Department of Corrections received $200,000 to combat violent crime. These efforts include the identification of “hot spots” in Manchester where law enforcement partners are conducting enhanced patrols and probation and parole checks. Additionally, law enforcement officers are using ATF ballistics technology to identify those involved in shootings and sources of crime guns, as well as other focused deterrence activities. Lastly, we are in the process of developing a statewide social media campaign to combat violent crime.
Throughout the last year, the U.S. Attorney’s Office and ATF have traveled throughout the state to conduct trainings for state and local law enforcement on federal firearms law and tools to investigate violent crime.
Additionally, the U.S Attorney’s Office has hired an additional Assistant United States Attorney who will focus on prosecuting violent crimes.
Among the successful PSN prosecutions in the past year are:
- Michael Burghart, of Manchester, was sentenced to 15 years in federal prison for being a felon in possession of a firearm. Manchester Man Sentenced to 180 Months in Prison for Illegal Firearm Possession
- Daniel Sullivan, of Manchester, was sentenced to 14 years in federal prison for being a felon in possession of a firearm. Manchester Man Sentenced to 14 Years in Prison for Illegal Possession of Firearms
- Kaisle Raikes, of Manchester, was sentenced to eight years in federal prison for drug trafficking and possessing a gun in furtherance of drug trafficking. Manchester Man Sentenced to Eight Years in Prison for Drug Trafficking and Firearm Offenses
- Yoelfi Feliz, of Lawrence, Massachusetts was sentenced to 70 months in prison for firearms-related charges to obtain guns in exchange for drugs. Lawrence, Massachusetts Man Sentenced on Firearm Charges
- Jessica Fithian of Manchester was sentenced to six months in prison for “straw purchasing” firearms for Matthew Bergeron, a convicted felon from Massachusetts. Bergeron was sentenced to six years in prison. Manchester Woman Sentenced to 6-months Straw Purchase Firearm for Massachusetts Felon
These enforcement actions and partnerships 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 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.
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- Michael Burghart, of Manchester, was sentenced to 15 years in federal prison for being a felon in possession of a firearm. Manchester Man Sentenced to 180 Months in Prison for Illegal Firearm Possession
U.S. Attorney Peter E. Deegan, Jr. Announces Progress in Making our Communities Safer through Project Safe NeighborhoodsRead the Press Release
One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which Attorney General Sessions has made the centerpiece of the Department’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Throughout the past year, we have partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone.
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
“Reducing violent crime and protecting our streets from gun violence remains a top priority for our office,” said United States Attorney Peter Deegan. “It has been one year since Attorney General Sessions announced the revitalization of Project Safe Neighborhoods, and our work continues in earnest. We have partnered with federal, state, and local law enforcement to prosecute violent offenders and those who illegally possess guns. At the same time, we have worked with our community partners to help ensure that offenders who want to be contributing members of society have the support they need to successfully rejoin the community. Using the additional resources made available to us by Department of Justice leaders, we will continue the fight against violence and work to create safe areas for everyone in the Northern District of Iowa.”
As we celebrate the one-year anniversary of the revitalized PSN program, here are some of the highlights of our PSN actions over the past year:
Enforcement Actions
In May 2018, the United States Attorney’s Office and law enforcement agencies across northern Iowa announced the arrest of more than thirty individuals who were charged with violating federal gun laws. Many of these individuals had criminal backgrounds demonstrating their danger to the community. You can read more here: https://www.justice.gov/usao-ndia/pr/more-thirty-charged-federal-gun-law-violations
Community Partnerships
In June 2018, the United States Attorney’s Office and Waterloo Police Department announced the formation of the Iowa SAFE (Safer Areas For Everyone) Task Force, a collaboration between federal and local law enforcement that includes community partners and community members. The goal of the task force is to reduce violent crime in Waterloo by holding violent offenders accountable while at the same time support locally-based prevention, rehabilitation, and re-entry efforts and to stop violence and crimes before they occur and to help those who have been punished return to society as law-abiding citizens. You can read more about Iowa SAFE here: https://www.justice.gov/usao-ndia/pr/united-states-attorney-s-office-and-waterloo-police-department-announce-safe-initiative
Department of Justice Funding
On October 2, 2018, the Department of Justice’s Bureau of Justice Assistance awarded $141,365 to fund Project Safe Neighborhoods initiatives in the Northern District of Iowa. The funds will be used to combat violent crime through a comprehensive approach to public safety that marries targeted enforcement efforts with community engagement, prevention, and reentry efforts.
Improvements to Community Safety
- The FBI’s official crime data for 2017 reflects that, after two consecutive, historic increases in violent crime, in the first year of the Trump Administration the nationwide violent crime rate began to decline. The nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly one and a half percent.
- The preliminary information we have for 2018 gives us reason for optimism that our efforts are continuing to pay off. Public data from 60 major cities show that violent crime was down by nearly five percent in those cities in the first six months of 2018 compared to the same period a year ago.
- For the two year period beginning in 2017, violent crime in Waterloo is on track to decrease by approximately 40% as compared to 2015 and 2016.
These enforcement actions and partnerships 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. Learn more about Project Safe Neighborhoods here: https://www.justice.gov/usao-ndia/project-safe-neighborhoods
Interview opportunities with United States Attorney Deegan and Waterloo Chief of Police Dan Trelka are available. Please contact Tony Morfitt at 319-363-6333 or [email protected] to schedule an interview.
Follow us on Twitter @USAO_NDIA.
U.S. Attorney Announces Millions of Dollars in DOJ grantsRead the Press Release
Assistant U.S. Attorney Cindy Cipriani 619-546-9608
NEWS RELEASE SUMMARY – October 4, 2018
SAN DIEGO – U.S. Attorney Adam Braverman today announced several significant U.S. Department of Justice (DOJ) grants to San Diego entities, each of which submitted competitive proposals to increase public safety by preventing and/or responding to emerging crime problems. The awards include:
- A total of $2,615,000 to Alliance for HOPE International (Alliance), a non-governmental organization that works to end violence against women, children and families. Of this sum, $2,165,000 will be used to streamline the case intake and service delivery process at Family Justice and Multi-Agency Centers and other victim service provider organizations. The revised system will increase agency coordination, provide easier access to services, and allow for data aggregation at the national level to improve service delivery and effectiveness for human trafficking survivors. The project will also integrate cutting-edge tools into the intake and assessment process, allowing Centers to quickly determine victims’ needs, streamline referrals, and automate and track effective service delivery. Alliance will also receive $450,000 to provide trainings and technical assistance to Family Justice Centers throughout the United States. In partnership with the National Center on Domestic Violence, Trauma, and Mental Health, the Alliance will provide training and technical assistance focused on building the capacity of Family Justice Centers/Multi-Agency Centers, as well as other co-located service centers, to provide effective services to survivors of domestic violence and sexual assault with substance use-related needs.
- $1,973,347 to the San Diego-based Identity Theft Resource Center (ITRC) to create technology solutions designed to help victims of identity crimes receive immediate assistance and reduce the risk of further victimization. ITRC plans to expand hours of service, improve tools for faster intake, develop the capability to offer immediate customized recommendations and resources, expand remediation tools, incorporate a data breach risk score, include real time alerts and additional remediation tools on an identity theft app, provide ways for victims to self-report and access case information, and launch an outreach campaign to increase awareness of ways to mitigate risks associated with identity crime.
- $1,200,000 to Rady Children’s Hospital Center to develop and strengthen Children's Advocacy Centers (CACs) and Multidisciplinary Child Abuse Teams (MDTs) in 13 states in the Western region. These funds will be used for conferences; information dissemination; on-site technical assistance and team training; multidisciplinary and discipline-specific training; use of innovative technologies; mentoring of CAC programs; CAC leadership development; and chapter development to strengthen state networks and develop new programs. The Chadwick Center for Children and Families at Rady Children’s Hospital – San Diego (RCHSD) will manage the Western Regional Children’s Advocacy Center (WRCAC). The WRCAC will help communities develop multidisciplinary teams and local programs, such as child advocacy centers, to better respond to child abuse and neglect, especially child sexual abuse, child sex trafficking, and severe physical abuse. It will also deliver training and technical assistance to strengthen existing functions in the 13 western states.
- $ 931,395 to the City of Escondido Police Department to create and begin implementing a strategic, collaborative, and community-oriented plan to reduce crime. The City plans to identify, verify, and prioritize crime hot spots within a specific target neighborhood; work with cross-sector team and law enforcement partners to develop a multi-faceted strategy, using multiple approaches to address crime drivers; pursue community partnerships; engage the community by employing innovative approaches to collecting resident input; and collaborate with local law enforcement, a research partner/team, and the community to conduct analysis of crime drivers and an assessment of needs and resources. The project managers plan to have neighborhood residents play an active role.
- $700,000 to San Diego Youth Services to enhance the specialized services available to assist victims of human trafficking by increasing interagency collaboration and ensuring a coordinated community response to victims. This grant will fund provision of high-quality, specialized services that address the individual needs of trafficking victims, including housing, economic and leadership empowerment, mental health, substance abuse, and legal services. The program will also support efforts to increase the capacity of communities to respond to human trafficking victims through the development of interagency partnerships, professional training, and public awareness activities.
- $500,000 to the Escondido Education Compact, to support youth mentoring organizations that have a demonstrated partnership with a juvenile justice agency to provide mentoring services to youth screened as posing low risk to public safety. The goal of Project Hero, a diversion program that emphasizes the dual goals of rehabilitation and accountability, is to improve the quality of life for at-risk and high-risk juvenile justice system-involved youth, families, and communities by directly influencing youth outcomes. The program will target improved academic performance, reduced dropout rates, juvenile delinquency, substance use, and gang participation. To achieve this goal, the compact will provide high-quality, evidence-based mentoring services tailored to the needs of at-risk and high-risk youth referred to the program through the Escondido Police Department or other law enforcement agencies. By matching youth with mentors, the program intends to reduce recidivism and support academic achievement and school attendance.
- $ 401,136 to the City of San Diego for the Internet Crimes Against Children (ICAC) Task Force, to prevent, interdict, investigate and prosecute technology-facilitated child exploitation and Internet crimes against children; improve task force effectiveness by educating, training and empowering local School Resource Officers and Juvenile Investigators; and engage in community outreach activities including training, prevention, and education seminars.
- $373,037 to the Strong Hearted Native Women’s Initiative, Inc., which serves tribal reservations and communities located in the counties of San Diego, Santa Barbara, San Bernardino, and Riverside. Additionally, SHNWC also works with many of the non-native service providers within San Diego and Riverside Counties, including four shelter programs and three rape crisis centers, as well as with San Bernardino-Riverside Indian Health under the Kiicha safe home project. With this award, SHNWC will provide technical assistance, training, and services to the community service area to enhance access and awareness to services for victims of domestic violence, sexual assault, dating violence, stalking, and sex trafficking.
“The U.S. Department of Justice is committed to keeping our community safe by supporting innovative programs that both prevent crime and showcase best practices in supporting victims,” said U.S. Attorney Adam L. Braverman. “These grant awards will benefit San Diego and, in some instances, the entire country, by increasing awareness, upgrading crime reporting options, offering critical assistance to those who need it during an extremely difficult time in their lives, and connecting vulnerable communities to law enforcement resources.”
- A total of $2,615,000 to Alliance for HOPE International (Alliance), a non-governmental organization that works to end violence against women, children and families. Of this sum, $2,165,000 will be used to streamline the case intake and service delivery process at Family Justice and Multi-Agency Centers and other victim service provider organizations. The revised system will increase agency coordination, provide easier access to services, and allow for data aggregation at the national level to improve service delivery and effectiveness for human trafficking survivors. The project will also integrate cutting-edge tools into the intake and assessment process, allowing Centers to quickly determine victims’ needs, streamline referrals, and automate and track effective service delivery. Alliance will also receive $450,000 to provide trainings and technical assistance to Family Justice Centers throughout the United States. In partnership with the National Center on Domestic Violence, Trauma, and Mental Health, the Alliance will provide training and technical assistance focused on building the capacity of Family Justice Centers/Multi-Agency Centers, as well as other co-located service centers, to provide effective services to survivors of domestic violence and sexual assault with substance use-related needs.
Two Nampa Men Sentenced to Prison on Federal Gun and Drug ChargesRead the Press Release
BOISE – Anthony Allen Bernal, 28, of Nampa, Idaho, was sentenced today to 76 months in prison followed by 3 years of supervised release for unlawful possession of a firearm, U.S. Attorney Bart M. Davis announced. A federal grand jury indicted Bernal on September 14, 2017.
According to court records, in June 2017, law enforcement was searching for Bernal due to a failure to appear warrant on an unrelated case from Canyon County. An officer observed Bernal in the passenger seat of a vehicle driving in Nampa. The officer stopped the vehicle and arrested Bernal. Inside, where Bernal had been seated, officers located a 9mm caliber pistol and a .45 caliber pistol. In Bernal’s pocket, officers located 12 grams of methamphetamine. Bernal has prior convictions for possession of a sawed-off shotgun and for aggravated assault.
Also, Isaac Alexander Carreno, 21, of Nampa, Idaho, was sentenced today to 84 months in prison followed by 3 years of supervised release for aiding and abetting the distribution of methamphetamine and distribution of hydrocodone, U.S. Attorney Bart M. Davis announced. A federal grand jury indicted Carreno on October 11, 2017.
According to court records, law enforcement used a confidential informant to purchase drugs from Carreno and an associate on two occasions. During these controlled purchases, Carreno arranged the delivery of methamphetamine and directly sold hydrocodone. During one controlled purchase, Carreno also facilitated the sale of a firearm. Carreno was a member of the Sureño Mob Trece in Nampa.
These cases were investigated by the Treasure Valley Metro Violent Crimes Task Force. The Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole.
These cases were prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Two Joplin Men, One a Former Police Officer, Charged with Child Sexual ExploitationRead the Press Release
SPRINGFIELD, Mo. – Two Joplin, Mo., men, one of whom is a former police officer, were charged in federal court this week for the sexual exploitation of children.
Gary McKinney, 43, and Anthony Helsel, 31, were charged in separate, but related, criminal complaints filed this week in the U.S. District Court in Springfield, Mo. McKinney remains in federal custody pending a detention hearing on Oct. 10, 2018. Helsel remains in federal custody pending a detention hearing on Oct. 9, 2018.
McKinney, a former police officer, was charged today. McKinney was an officer with the Joplin, Mo., Police Department for about seven years until May 20, 2006, after which he was employed as an officer elsewhere.
The federal criminal complaint charges McKinney with receiving and distributing child pornography over the internet. A related federal criminal complaint filed on Wednesday, Oct. 3, 2018, charges Helsel with using a minor to produce child pornography.
According to the affidavits filed in support of the federal criminal complaints, the investigation began on Sept. 17, 2018, when a federal agent received a CyberTip from the National Center for Missing and Exploited Children. Facebook reported that a user, later identified as Helsel, had uploaded a video file of the sexual assault of a 4-year-old victim.
On Oct. 2, 2018, an investigator with the Kentucky Attorney General’s Office notified local authorities that an undercover officer had made contact with Helsel during their investigation on the KIK messaging application. Helsel allegedly offered files of child pornography to the undercover officer and other members of the KIK group, and sent the undercover officer pornographic images of child pornography.
Law enforcement officers executed a search warrant at Helsel’s residence and seized his cell phone. Helsel told officers he had engaged in sexual activity with a four-year-old child, and he had taken videos and still images of the abuse. Helsel told officers that when they arrived, he was conversing with another user on KIK, who was later identified as McKinney. Law enforcement officers assumed Helsel’s KIK account and user identity. On Tuesday, Oct. 2, 2018, a federal special agent used Helsel’s KIK account to engage in chats with McKinney.
During a forensic examination of Helsel's cellular phone, the affidavit says, messages were located between McKinney and Helsel. Helsel sent several files, including child pornography, to McKinney on KIK on Tuesday, Oct. 2, 2018.
Law enforcement officers executed a search warrant at McKinney’s residence on Wednesday, Oct. 3, 2018, and seized his cell phone. Investigators located multiple chat conversations between McKinney and others, using an application called Telegram. In those conversations, the affidavit says, McKinney talks about children engaging in sexually explicit activity. Numerous files of child pornography allegedly were exchanged between the users.
The charges contained in these complaints are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
These cases are being prosecuted by Assistant U.S. Attorney Ami Miller. They were investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Southwest Missouri Cyber Crimes Task Force, the Joplin Police Department, and the Kentucky State Attorney General’s Office.
Project Safe Childhood
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."
Two Eastside Hollygrove Residents Plead Guilty to Gun and Drug ViolationsRead the Press Release
NEW ORLEANS – The U.S. Attorney’s Office, Eastern District of Louisiana announced that BRANDON HALL, a/k/a “B-Hilly,” age 28, and ALOYSIUS KORIEOCHA, a/k/a “Madi,” a/k/a “Ball,” age 36, both of New Orleans, pleaded guilty today to federal charges stemming from their participation in a violent drug-trafficking organization operating primarily in the Eastside Hollygrove neighborhood of New Orleans.
Specifically, HALL pleaded guilty to a Superseding Bill of Information, charging one count of conspiring to distribute and to possess with intent to distribute 100 grams or more of heroin and a quantity of fentanyl; one count of conspiring to possess firearms in furtherance of drug trafficking; one count of discharging a firearm during and in relation to drug trafficking; and one count of discharging a firearm in a school zone.
On HALL’s drug conspiracy count, HALL is facing a mandatory minimum sentence of 10 years’ imprisonment, a maximum sentence of life, a possible fine of up to $8,000,000, and at least eight years of supervised release upon his release from prison. On the firearm conspiracy count, HALL is facing a maximum sentence of 20 years’ imprisonment, a possible fine of up to $250,000, and not more than three years of supervised release. On the discharging a firearm during and in relation to drug trafficking count, HALL is facing a mandatory minimum sentence of 10 years’ imprisonment, a possible fine of up to $250,000, and not more than five years of supervised release. Finally, on the discharging a firearm in a school zone count, HALL is facing a maximum sentence of 5 years’ imprisonment, a possible fine of up to $100,000, and not more than one year of supervised release.
For his part, KORIEOCHA pleaded guilty to Count 1 of the Superseding Indictment, charging him with conspiring to distribute and to possess with intent to distribute one kilogram or more of heroin and a quantity of fentanyl. KORIEOCHA is facing a mandatory minimum sentence of 10 years’ imprisonment, a maximum sentence of life, a possible fine of up to $10,000,000, and at least five years of supervised release upon his release from prison.
U.S. District Judge Sarah S. Vance will sentence the defendants on February 20, 2019.
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.
The U.S. Attorney’s Office praised the work of the FBI New Orleans Gang Task Force (NOGFT), which led this investigation and was assisted by the Drug Enforcement Administration, New Orleans Police Department, St. Tammany Parish Sheriff’s Office, Jefferson Parish Sheriff’s Office, and the Orleans Parish District Attorney’s Office. Assistant United States Attorneys Brandon S. Long, David Haller, and Edward Rivera are in charge of the prosecution.
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Two Charged with Methamphetamine Distribution Conspiracy, Firearms Violations, and Assault on a Federal OfficerRead the Press Release
FRESNO, Calif. — A federal grand jury returned a six-count indictment today against Ruben Gonzalo Duran-Sanchez, 42, and Daniel Delgado, 27, both Mexican nationals, charging them with conspiracy to distribute and possess with intent to distribute methamphetamine and possession of firearms in furtherance of a drug trafficking offense, U.S. Attorney McGregor W. Scott announced. Delgado is also charged with assault on a federal officer.
According to court documents, on September 26, 2018, the defendants were arrested when they went to Shafter to sell 10 pounds of crystal methamphetamine to a confidential source. Sanchez was arrested without incident and was found to possess a stolen and loaded Sig Sauer .380 pistol. Delgado, resisted arrest, and in his attempt to flee, rammed into a California Highway Patrol vehicle and a DEA undercover vehicle injuring an officer. A high-speed car chase ensued, resulting in Delgado driving his vehicle off the road and into a vineyard where he then attempted to flee on foot. A law enforcement canine was utilized to locate and assist in the apprehension of Delgado. Delgado was found to possess a loaded and stolen 9 mm Berretta with obliterated serial number. Approximately 13 pounds of methamphetamine were recovered from the defendants.
This case is the product of an investigation by the DEA, the Bakersfield Police Department and the California Highway Patrol. Assistant U.S. Attorney Brian K. Delaney is prosecuting the case.
If convicted, both defendants face a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
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.Troutdale Doctor Sentenced for Purchasing and Administering Foreign-Sourced Botox and JuvadermRead the Press Release
PORTLAND, Ore. – Brenda Roberts, 54, of Troutdale, Oregon, was sentenced today to six months’ probation and 40 hours of community service for illegally purchasing foreign-sourced Botox and Juvaderm on the internet and administering both to patients in her home.
“Purchasing foreign-sourced and unapproved drugs and devices on the internet poses a grave danger to the health and safety patients. Dr. Roberts violated her professional duty to ‘do no harm’ and instead subjected her patients to an incredible risk of injury,” said Billy J. Williams, U.S. Attorney for the District of Oregon.
“U.S. consumers rely on FDA oversight to ensure that the drugs and medical devices they use are safe and effective. Rogue health care professionals who obtain foreign unapproved medical products, and dispense and administer those products to their patients, put the health of those patients at significant risk,” said Lisa L. Malinowski, Special Agent in Charge, FDA Office of Criminal Investigations’ Los Angeles Field Office. “We will continue to pursue and bring to justice those who choose to put the public’s health at such risk.”
According to court documents, beginning in 2008, Roberts provided medical services from her home in Troutdale as a supplement to her full-time position with an outside medical practice. Roberts would purchase Botox and Juvaderm from websites including BuckaDayPharmacy.com, AllDayChemist.com and FindlandiaPharmacy.com that were manufactured for distribution in foreign countries, but not approved for use in the U.S. Roberts would administer Botox and Juvaderm to clients from her home office.
The Drug Enforcement Administration (DEA) investigated Roberts for dispensing controlled substances over the internet. During their investigation, the DEA learned of Roberts administering Botox to patients in her home and referred the matter to the Food and Drug Administration, Office of Criminal Investigations (FDA-OCI) for further investigation. Roberts resolved these claims via a monetary civil settlement with the U.S. Attorney’s Office Civil Division in May 2018.
Roberts previously pleaded guilty to one count of receipt in interstate commerce of adulterated or misbranded drugs or devices and delivery for pay in violation of 21 U.S.C. § 331(c) on June 19, 2018.
This case was investigated by FDA-OCI and DEA and was prosecuted by Donna B. Maddux, Assistant U.S. Attorney for the District of Oregon.
Trial Scheduled for Champaign Man Charged for Allegedly Trafficking Counterfeit Xanax, Money LaunderingRead the Press Release
URBANA, Ill. – A Champaign, Ill., man, Stephan Caamano, 23, appeared in federal court in Urbana today for arraignment on charges that he allegedly trafficked quantities of pills containing alprazolam, marked as ‘Xanax,’ and laundered proceeds of the alleged drug trafficking. Caamano, of the 1500 block of Glenshire Drive, appeared before U.S. Magistrate Judge Eric I. Long. Trial in the case is scheduled on Nov. 13, 2019, before U.S. District Judge Sara Darrow.
The superseding indictment returned by the grand jury on Oct. 2 alleges that from March 2017 to May 2018, Caamano trafficked quantities of pills containing alprazolam, marked as ‘Xanax,’ knowing it was not the drug Xanax manufactured by Pfizer. In addition, Caamano is charged with two counts of distribution of alprazolam, a Schedule IV controlled substance, and four counts of money laundering related to monetary transactions involving proceeds of the alleged drug trafficking. The charged transactions involved payment of Bitcoin in exchange for gold bullion on two occasions - April 12, 2017 and June 9, 2017; a wire transfer in the amount of $235,500 on or about July 31, 2017; and, the transfer of funds on Aug. 30, 2017, by personal check to a car dealership in the amount of $25,936.
Caamano was previously arrested and charged by complaint on May 29, 2018. Following Caamano’s initial appearance on the complaint, Judge Long ordered that Caamano undergo evaluation for competency. On Sept. 10, 2018, the court found Caamano competent to proceed and he was arraigned on two counts of distribution of alprazolam, charges returned by the grand jury in June. In addition, Caamano was ordered to remain detained in the custody of the U.S. Marshals Service.
According to the affidavit filed in support of the criminal complaint, in December 2017, the investigation began when Customs and Border Protection agents contacted DEA agents after seizing items that were allegedly destined for delivery to Caamano at various addresses in California and in the Champaign, Ill., area. The items included pill press machines, machine parts and alprazolam.
The charges are the result of investigation by the Drug Enforcement Administration, Springfield Resident Office; U.S. Customs and Border Protection, Homeland Security Investigations; the U.S. Postal Inspection Service; Champaign Police Department Street Crimes Unit and the Champaign County Sheriff’s Office. Assistant U.S. Attorney Rachel E. Ritzer is prosecuting the case on behalf of the U.S. Attorney’s Office for the Central District of Illinois.
If convicted, the maximum statutory penalty for each count of trafficking in a counterfeit drug (one count) and for money laundering (four counts) is 20 years in prison. For distribution of a controlled substance (two counts), the statutory maximum penalty for each count is five years in prison.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
Tractor-Trailer Driver Sentenced to Federal Prison for Transporting Illegal AliensRead the Press Release
In San Antonio this morning, a federal judge sentenced 36–year-old Gerardo Javier Carreon of Laredo, TX, to 70 months in federal prison followed by three years of supervised release for transporting illegal aliens, announced U.S. Attorney John F. Bash and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden.
On July 5, 2018, Carreon pleaded guilty to one count of conspiracy to transport illegal aliens. On June 12, 2018, authorities responding to a scene in the area of Loop 410 and Broadway discovered over 50 illegal aliens in and around a semi-tractor trailer driven by Carreon.
“As we’ve seen too many times, transporting human beings in tractor-trailers is unbelievably dangerous. This has to stop,” stated U.S. Attorney Bash. “We will vigorously prosecute drivers who commit this dangerous crime, and the penalties are stiff.”
“As this sentence makes clear, those who exploit people in for profit will themselves face consequences,” said HSI San Antonio Special Agent in Charge Folden. “Those responsible for illegally moving people into and through our country place personal profit ahead of public safety and border protection. They are driven by greed with little regard for the health and well-being of their human cargo, which can be a deadly combination.”
The U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) is investigating this case. Assistant United States Attorneys Matt Lathrop and Christina Playton prosecuted this case on behalf of the Government.
Three Sentenced in Connection with Capital Region Drug ConspiracyRead the Press Release
ALBANY, NEW YORK – Shenika D. Boyd, aka “Misses,” age 38, of Albany, was sentenced today to 46 months in prison, to be followed by 6 years of supervised release, for conspiring to distribute cocaine and crack cocaine.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Today, United States District Judge Mae A. D’Agostino also sentenced two others in connection with the conspiracy: Bobby R. Graham, age 51, of Albany, was sentenced to 3 years of probation, including 6 months of home confinement; and Jalessa Scott, age 27, of Schenectady, was sentenced to time served (about 17 months in jail), to be followed by 3 years of supervised release. As part of the federal investigation, Scott also pled guilty in Schenectady County Court to criminal possession of a firearm.
Boyd, Graham and Scott were among 12 people indicted in August 2017 for their involvement in a drug trafficking ring that operated in Schenectady and Albany.
This case was investigated by the FBI and its Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies, including the Schenectady Police Department, Schenectady County District Attorney’s Office, the U.S. Drug Enforcement Administration, Albany County Sheriff’s Office, New York State Police, and the New York Department of Corrections and Community Supervision. This case was prosecuted by Assistant U.S. Attorney Michael Barnett.
Texas Pilot Sentenced for Wire Fraud and Arson ConspiraciesRead the Press Release
TYLER, Texas – A 33-year-old pilot, formerly of Kemah, Texas, has been sentenced to federal prison for violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Theodore Robert Wright, III, pleaded guilty on Dec. 7, 2017, to conspiracy to commit wire fraud and conspiracy to commit arson and was sentenced to 65 months in federal prison today by U.S. District Judge Ron Clark. Wright was also ordered to pay restitution in the amount of $988,544.83.
According to information presented in court, Wright led a multi-jurisdictional fraud and arson scheme that spanned from Hawaii to the Gulf of Mexico and involved the destruction of various luxury goods, including vehicles, aircraft, and vessels. Wright and his co-conspirators, Shane Gordon, 46, and Raymond Fosdick, 42, both of Houston, and Edward Delima, 42, of Honolulu, Hawaii, acquired luxury goods and obtained insurance coverage for those goods in amounts exceeding their purchase prices. Wright and his co-conspirators then devised and carried out schemes to destroy those goods and defraud insurance companies.
The various assets destroyed in the scheme included a 1966 Beechcraft Baron, a 2008 Lamborghini Gallardo, a 1971 Cessna 500, and a 1998 Hunter Passage. The Beechcraft Baron made an emergency landing in the Gulf of Mexico, sank in deep water, and was not recovered. The Lamborghini Gallardo crashed into a ditch full of water, causing the vehicle to flood. The Cessna 500 was completely destroyed when Fosdick set it on fire at Wright’s direction at an airport in Athens, Texas. The Hunter Passage sank in a marina in Hawaii. Fraudulent insurance claims were filed in relation to each of these incidents. Wright and his co-defendants also filed a fraudulent $1 million personal injury lawsuit related to the crash in the Gulf of Mexico. The suit was settled for $100,000.
On May 17, 2017, Wright, Gordon, Fosdick, and Delima were charged with various offenses related to their conduct in the scheme in the Eastern District of Texas. Wright’s co-conspirators have all pleaded guilty. Delima pleaded guilty to conspiring to commit wire fraud and was sentenced to a five-year term of probation. Fosdick pleaded guilty to conspiring to commit wire fraud and conspiring to commit arson and on Jan. 24, 2018, was sentenced to 39 months in federal prison. Gordon pleaded guilty to making false statements to a federal agent and was sentenced to 24 months in federal prison today and ordered to pay restitution in the amount of $440,000.
“This kind of fraud causes everyone to pay higher insurance rates,” said U.S. Attorney Joseph D. Brown. “Just having those nice things destroyed is a shame. And for someone to cheat and make money off of it is particularly troubling.”
“Fraud victimizes businesses and costs Americans billions of dollars every year,” said ATF Special Agent in Charge Jeffrey C. Boshek II. “The deception carried out by Mr. Wright is particularly alarming due to the callous use of arson and staged emergencies which have the potential to place the public and first responders in danger.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the FAA Law Enforcement Assistance Program, the Texas Department of Insurance, and the National Insurance Crime Bureau. It was prosecuted by Assistant U.S. Attorneys Nathaniel C. Kummerfeld and L. Frank Coan, Jr. with the assistance of Assistant U.S. Attorney Robert Wells.
Texas Patient Recruiter Sentenced to Nine Years in Prison for $3.6 Million Home Health Care Fraud SchemeRead the Press Release
WASHINGTON – A Houston, Texas-area patient recruiter was sentenced to 108 months in prison today for her role in a $3.6 million Medicare fraud scheme involving fraudulent claims for home health services.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ryan K. Patrick of the Southern District of Texas, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office, Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Region and the Texas Attorney General’s Medicaid Fraud Unit (MFCU) made the announcement.
Mercy O. Ainabe, 52, of Houston, was sentenced by U.S. District Judge Sim Lake of the Southern District of Texas, who presided over the trial. After a three-day trial in May 2018, Ainabe was convicted of one count of conspiracy to commit health care fraud, five counts of health care fraud and one count of conspiracy to pay health care kickbacks.
According to evidence presented at trial, Ainabe, a long-time patient recruiter in the Houston area, controlled a substantial population of Medicare patients whose personal information she sold to home health care companies in exchange for kickbacks. The evidence at trial showed that Ainabe and her co-conspirators used a home health care company called Texas Tender Care to submit claims to Medicare for home health services that were not medically necessary and/or were not provided. Ainabe paid beneficiaries, doctors, physical therapy companies and others for the paperwork, Medicare beneficiary information and services needed to facilitate the fraud. To cover up the fraud, Ainabe tried to make it look as though she was being paid an hourly wage as a legitimate marketing representative, the evidence showed.
The case was investigated by the FBI, HHS-OIG and MFCU, and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Texas. The case is being prosecuted by Trial Attorneys Drew Pennebaker and Elizabeth Young of the Fraud Section.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Criminal Division’s Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in 12 cities across the country, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.
Surgeon Pleads Guilty in Forest Park Medical Center Bribery ScamRead the Press Release
A Mesquite-based bariatric surgeon today formally admitted his role in the $200 million Forest Park Medical Center fraud, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
53-year-old Wade Neal Barker, one of Forest Park’s founding doctors, appeared in court this morning, where he pleaded guilty to conspiracy to pay and receive healthcare bribes and kickbacks as well as aiding and abetting commercial bribery.
“Patients trust doctors to make healthcare recommendations based on their best interests,” said Nealy Cox. “Instead, Dr. Barker let his own financial considerations guide decisions about where patients would be treated – and, in the process, defrauded millions from patients’ insurance. The Northern District of Texas will not tolerate plots that undermine confidence in the healthcare system.”
“With the plea in this conspiracy to defraud patients and the healthcare industry by those entrusted to administer and to protect it, the FBI and our law enforcement and regulatory partners will increase our efforts to shine even brighter lights on such schemes to restore the missing trust for all those harmed by the conspirator's actions,” said Eric Jackson, Special Agent-In-Charge of the FBI Dallas Division.
Barker is the seventh of 21 defendants to formally plead guilty in the bribery scheme, designed to induce doctors to refer lucrative patients – particularly those with high-reimbursing, out-of-network private insurance – to the now-defunct hospital, as opposed to other facilities.
Instead of billing patients for out-of-network co-payments, instituted by insurers to de-incentivize the high costs associated with out-of-network treatment, Forest Park allegedly assured patients they would pay in-network prices. Because they knew insurers wouldn’t tolerate such practices, they concealed the patient discounts and wrote off the difference as uncollected “bad debt.”
According to prosecutors, Barker and his co-conspirators shelled out approximately $40 million in bribes, disguised as “marketing money” and funneled through a shell company, between 2009 and 2013. Because he performed surgeries at Forest Park, Barker received these so-called “marketing” payments as well.
He faces roughly five to seven years in federal prison. Sentencing has not yet been set.
Co-defendants Richard Ferdinand Toussaint, Jr., another Forest Park Founder, and Alan Andrew Beauchamp, the hospital manager, have pleaded guilty in the case, along with several others. The remaining defendants are awaiting trial early next year.
The case was investigated by the Federal Bureau of Investigation, the U.S. Department of Labor Office of Inspector General, the U.S. Department of Labor Employee Benefits Security Administration, the U.S. Department of Defense - Defense Criminal Investigative Service, the U.S. Office of Personnel Management Office of Inspector General, and Internal Revenue Service Criminal Investigation, with assistance from the Food and Drug Administration and the U.S. Postal Inspection Service.
Assistant U.S. Attorneys Andrew Wirmani, Kate Pfeifle and Mark Tindall are prosecuting the case.
St. Albans Man Sentenced to 46 Months in Prison on Drug and Gun ChargesRead the Press Release
CHARLESTON, W. VA – Donald Wayne McCune of St. Albans was sentenced today to 46 months in prison for the distribution of methamphetamine and being a felon in possession of firearms, announced United States Attorney Mike Stuart. Stuart commended the investigative work of the Metropolitan Drug Enforcement Network Team (MDENT), and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“Drugs and guns don’t mix. We don’t see too many drug dealers without guns,” said United States Attorney Mike Stuart. “And all too often, like McCune, the drug dealers identified for prosecution have previous felony convictions prohibiting them from possessing firearms. The result -- federal drug and gun charges. Why? Because guns in the hands of prohibited persons risks the lives of law enforcement and the public. We cannot tolerate that whatsoever.”
McCune, 55, pled guilty on May 24, 2018, and had been in federal custody since March 2, 2018. McCune admitted that he sold methamphetamine to a confidential informant on three occasions in 2017. When officers searched his home, they found six firearms, including an AR-15 rifle and several loaded handguns. At the time, McCune was a convicted felon—he had been convicted of the felony offense of uttering in Kanawha County in 2007.
Assistant United States Attorney Gabriele Wohl handled the prosecution. United States District Judge Irene C. Berger presided over the hearing.
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.
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###Sixth Member of Violent New Haven Gang Pleads Guilty to Federal Racketeering and Firearm ChargesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that DEJUAN WARD, also known as “Hot Boi,” 21, of New Haven, pleaded guilty today before U.S. District Judge Michael P. Shea in Hartford to racketeering and firearm charges stemming from his role in a violent street gang.
According to statements made in court, the New Haven Police Department’s Shooting Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) have been investigating approximately 40 unsolved shootings in New Haven and Hamden. Ballistic examination of recovered cartridge cases determined that three firearms were used in 18 shootings committed in or around New Haven in 2016. The investigation has revealed that the firearms were possessed by members and associates of the Goodrich Street Boys (“GSB”), a New Haven street gang, and that GSB members also were involved in a number of other shootings in 2016, many of them retaliatory against rival gang members.
On August 3, 2017, a grand jury in New Haven returned a 13-count indictment charging WARD and five other GSB members with racketeering, attempted murder, firearm and narcotics trafficking offenses. The indictment alleges that, between September 2015 and May 2016, GSB members and associates were involved in six gang-related shootings that caused injuries to five individuals.
WARD pleaded guilty to one count of conspiracy to engage in a pattern of racketeering activity and one count of carrying a firearm during and in relation to a crime of violence. In pleading guilty, WARD admitted that he and other GSB members sold drugs, and that he was present when a rival gang member was shot on September 17, 2015.
At sentencing, the government will present evidence that WARD was the shooter during this incident.
The charge of conspiracy to engage in a pattern of racketeering activity carries a maximum term of imprisonment of 20 years, and the charge of possession of a firearm during an in relation to a crime of violence carries a mandatory consecutive prison term of five years.
WARD is detained pending sentencing. Judge Shea scheduled a sentencing hearing for November 28, 2018.
The other five defendants also have pleaded guilty and are detained while awaiting sentencing.
U.S. Attorney Durham noted that this prosecution is a part of the Justice’s Department’s Project Safe Neighborhoods (PSN) program and Project Longevity. PSN is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone. Project Longevity is a comprehensive initiative to reduce gun violence in Connecticut’s major cities. Through Project Longevity, community members and law enforcement directly engage with members of groups that are prone to commit violence and deliver a community message against violence, a law enforcement message about the consequences of further violence and an offer of help for those who want it.
This investigation is being conducted by ATF and the New Haven Police Department. The FBI, Hamden Police Department and New Haven State’s Attorney’s Office have provided critical assistance in the investigation.
An instrumental component of this investigation has been the work of the Connecticut State Crime Laboratory in utilizing the National Integrated Ballistic Information Network (NIBIN) to analyze ballistics evidence.
This matter is being prosecuted in the District of Connecticut by Assistant U.S. Attorneys Peter D. Markle, Rahul Kale and Jocelyn Courtney Kaoutzanis.
Rapid City Woman Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Linda Pastian, age 55, was sentenced on October 3, 2018, to 17½ years in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Pastian was indicted by a federal grand jury on September 17, 2017. The charge related to Pastian conspiring with others in receiving at least 500 grams of methamphetamine from California and Colorado, and then distributing it in the District of South Dakota between 2016 and 2017.
This case was investigated by the Unified Narcotics Enforcement Team, the Department of Homeland Security Investigations, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Pastian was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Woman Found Guilty of Prescription FraudRead the Press Release
United States Attorney Ron Parsons announced that Daphne Janis, age 37, of Rapid City, South Dakota, was found guilty of False Statements Relating to Health Care Matters, Obtaining Controlled Substances by Fraud, and Using a Communications Facility to Commit another Felony, following a federal jury trial in Rapid City.
The charges each carry a maximum sentence of 5 years in federal prison, and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Evidence at trial established that between March 2016 and April 2017, Janis obtained Tramadol and health care services by failing to inform medical providers of previous active controlled substance prescriptions through fraud and deception. Janis acquired in excess of 3,500 Tramadol pills, over half of which were acquired by fraud.
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General Office of Investigations. Assistant U.S. Attorney Megan Poppen prosecuted and tried the case.
A sentencing date is set for December 21, 2018. Janis was remanded to the custody of the U.S. Marshals Service pending sentencing.
Providence Man Charged with Witness Intimidation in Project Safe Neighborhoods CasesRead the Press Release
PROVIDENCE, RI – A Providence man arrested a week ago on federal indictments charging him with unlawfully selling four firearms, including two AR-47 assault rifles, was re-arrested yesterday and ordered detained in federal custody on a criminal complaint charging him with witness intimidation.
According to the criminal complaint, it is alleged that soon after his arraignment in U.S. District Court last Thursday, Emmanuel Miamen, 24, posted several threatening messages on social media directed at his indictment and a person who assisted the FBI in the Project Safe Neighborhoods Investigation.
On Tuesday, United States Attorney Stephen G. Dambruch, FBI Boston Division Special Agent in Charge Harold H. Shaw and ATF Boston Division Assistant Special Agent in Charge Kenneth K. Kwak announced the indictment of twenty-six individuals over the past 18 months in a series of Project Safe Neighborhoods investigations into firearm and drug trafficking in and around Providence.
It is alleged in two indictments returned against Miamen that in May and June 2018, he conspired with others to unlawfully sell two AR-47 assault rifles and two handguns. Additionally, it is alleged in the indictment, Miamen offered that he had a grenade launcher for sale for $8,000.
A criminal complaint and indictment are merely allegations and are not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The cases are being prosecuted by Assistant U.S. Attorneys Richard W. Rose and Terrence P. Donnelly.
The matter was investigated by the FBI.
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Princeton Man Pleads Guilty to Federal Drug ChargeRead the Press Release
BLUEFIELD, W.Va.—United States Attorney Mike Stuart announced today that a Princeton man pled guilty in federal court to distribution of cocaine. Stuart commended the work of the Southern Regional Drug and Violent Crime Task Force.
“Cocaine was the rage in the 1980’s. It is coming back with a vengeance and is far more potent than ever before,” said United States Attorney Mike Stuart. “My team is focused on stopping dealers from building the cocaine trade. We don’t want cocaine to become the epidemic it was decades ago.”
Jermaine Jones, 30, admitted that on March 30, 2018, he distributed a quantity of cocaine to a confidential informant near Bluewell in Mercer County. He further admitted that he sold cocaine in Mercer County on four other occasions in March and April of 2018, and that he possessed an additional amount of cocaine on April 4, 2018 at his residence in Princeton. Finally, he admitted that when authorities searched his residence, they found his two pistols. Jones faces up to 20 years in prison when he is sentenced on January 31, 2018.
Assistant United States Attorney John File is handling the prosecution. Senior United States District Judge David A. Faber presided at the plea hearing.
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Previously Deported Jamaican National, with Prior Murder Conviction, Sentenced in Albany on Illegal Drugs, Firearms ChargesRead the Press Release
ALBANY: Charles Peeler, United States Attorney for the Middle District of Georgia, announced Thursday that U.S. District Court Judge Leslie Abrams sentenced Michael O’Neal Walker, also known by the names Kevin Omar Foster, Kevin Nunyi Lewis, Mosiah Omar Wright and Nunyi Jacob Wright, age 41, of Montego Bay, Jamaica, for Possession of Marijuana with Intent to Distribute and Possession of a Firearm in Furtherance of a Drug Trafficking Crime.
Mr. Walker entered a guilty plea to these charges on July 26, 2018 in federal court in Albany. The Government filed a sentence enhancement in Mr. Walker’s case because of his prior convictions. Judge Abrams sentenced Mr. Walker to 12 months imprisonment for the narcotics charge, and 60 months to be served consecutively in prison on the firearms charge. In addition, Judge Abrams revoked the term of supervised release for Mr. Walker’s 1999 murder conviction and sentenced him to an additional period of 46 months confinement, for a total of 118 months imprisonment. Judge Abrams ordered Mr. Walker to be delivered to immigration authorities for deportation proceedings following the conclusion of his federal prison sentence.
At the time he was discovered in possession of marijuana and firearms, Mr. Walker was subject to a term of supervised release imposed after his 1999 conviction in the United States District Court for the District of Minnesota for Conspiracy to Distribute Marijuana, Cocaine and Cocaine Base and Murder in Relation to a Drug Trafficking Crime. On April 25, 2013, Mr. Walker was deported to Jamaica as a result of the 1999 conviction.
“Albany is a safer community following today’s stiff sentencing of Mr. Walker,” said U.S. Attorney Charles Peeler. “The U.S. Attorney’s Office will continue to use every resource available to make sure career criminals like Mr. Walker are kept off the streets. I want to applaud the collective work of the Albany/Dougherty Drug Unit in the successful apprehension and investigation of Mr. Walker.”
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. “Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said on October 3, 2018. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
The case was investigated by agents of the Albany/Dougherty Drug Unit and was prosecuted by Assistant United States Attorney Leah McEwen.
Questions concerning this release should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Postal Contractors Charged with Stealing MailRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Chansen R. Diaz, 30, Cordell L. James, 28, and Michael R. Harris, 31, all of Rochester, NY, were arrested and charged by criminal complaint with conspiracy and theft of mail. The charges carry a maximum penalty of five years in federal prison.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, defendants Diaz and James were employed by a terminal handling services contractor to the United States Postal Service, located at the Rochester Airport. The contractor was responsible for receiving and loading U.S. Mail onto airplanes for further delivery. While on the job, Diaz and James stole mail entrusted to the care of their employer, including numerous gift cards and credit cards. The complaint states that Diaz was observed rifling and opening mail, while James acted as his “look out.” The scheme began in approximately August 2018.
James resided with defendant Harris in Rochester. Records obtained from online retailers showed that Harris ordered multiple items from online accounts in his name, and that those items were delivered to Harris and James at their residence. In addition, video surveillance obtained from local retailers showed Diaz and Harris shopping together and making purchases using stolen gift and credit cards.
The defendants made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson and were released pending further proceedings.
If you believe you have been a victim of mail theft, please contact the U.S. Postal Service. Office of Inspector General (USPS OIG), at www.uspsoig.gov or 888-USPS-OIG.
The criminal complaint is the result of an investigation by the United States Postal Service, Office of Inspector General, under the direction of Special Agent-in-Charge Kenneth Cleevely, Eastern Area Field Office, Pittsburgh, PA, the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph Cronin, Boston Division, and the New York State Police, under the direction of Major Eric Laughton.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Pilot Flying J’s Former President Hazelwood Sentenced to 12.5 Years, Former Vice President Wombold Sentenced to 6 Years, and Former Customer Account Representative Heather Jones Sentenced to More Than 2.5 YearsRead the Press Release
CHATTANOOGA, Tenn. – On September 26, 2018, the Honorable Curtis L. Collier sentenced Mark Hazelwood to serve 12.5 years in prison and imposed a $750,000 fine. On October 4, 2018, Judge Collier sentenced codefendant Scott Wombold to serve six years in prison and imposed a $75,000 fine, and sentenced codefendant Heather Jones to more than 2.5 years in prison.
Following a multi-month trial, on February 15, 2018, Hazelwood, former president of Pilot Flying J, was convicted of conspiracy to commit mail fraud and wire fraud as charged in count 1 of the indictment, wire fraud as charged in count 8 of the indictment, and witness tampering as charged in count 14 of the indictment. Wombold, a former vice president of Pilot Flying J, was convicted in the same trial of wire fraud as charged in count 2 of the indictment. Jones, a former customer account representative for Pilot Flying J, also was convicted in that trial of conspiracy to commit mail fraud and wire fraud as charged in count 1 of the indictment.
Evidence presented at trial proved a scheme to defraud certain Pilot Flying J trucking company customers through false and fraudulent representations and promises of diesel fuel discounts that were intended to induce victim customers to purchase diesel fuel from Pilot Flying J rather than a competitor. The scheme resulted in victim customers being cheated out of their promised diesel fuel discounts. The evidence at trial showed that the scheme’s goals were to increase Pilot’s market share of diesel fuel sales over its competitors, maximize Pilot’s profits, and maximize the scheme-participants’ potential for profit- and commission-based compensation from trucking companies targeted through the scheme to defraud.
Before trial, 14 other former Pilot Flying J executives and employees had already pleaded guilty to conspiracy charges related to the same scheme to defraud. They are awaiting sentencing. In July 2014, Pilot Flying J entered into a Criminal Enforcement Agreement with the United States in which the company agreed that some of its employees in its Direct Sales group engaged in fraudulent conduct in the payment of diesel fuel discounts for certain targeted Pilot customers. Pilot Flying J agreed that the conduct of those employees resulted in $56 million in loss to affected customers. In accordance with that agreement, Pilot Flying J agreed to pay full restitution to all victim customers in addition to paying a $92 million monetary penalty. Additionally, according to the terms of the Criminal Enforcement Agreement, this federal investigation not only resulted in the payment of full restitution to the scheme’s victims, but also created protection for trucking companies going forward through greater transparency in their future fuel pricing arrangements with Pilot Flying J.
Law enforcement agencies participating in this joint investigation included the FBI and IRS- Criminal Investigation. Assistant U.S. Attorneys F.M. (Trey) Hamilton III and David P. Lewen, Jr. represented the United States.
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Pierre Man Sentenced for Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man convicted of Failure to Register was sentenced on October 2, 2018, by U.S. District Court Judge Roberto A. Lange.
Daniel Red Horse, Jr., age 48, was sentenced to 24 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Red Horse was indicted by a federal grand jury on May 15, 2018. He pled guilty on July 23, 2018.
Red Horse, who is a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, did knowingly fail to register and update his registration from November 1, 2017, to November 8, 2017. This was Red Horse’s sixth conviction for failing to register as a sex offender.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Red Horse was immediately turned over to the custody of the U.S. Marshals Service.
Pennsylvania Man Pleads Guilty to Biodiesel Tax ConspiracyRead the Press Release
A Harrisburg, Pennsylvania man pleaded guilty yesterday in federal court to one count of conspiring to defraud the Internal Revenue Service (IRS), announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environmental and Natural Resources Division, EPA Criminal Investigation Division Director Jessica Taylor, and U.S. Attorney David J. Freed for the Middle District of Pennsylvania.
According to documents and information provided to the court, David Tielle served as Director Business Development at Keystone Biofuels Inc. (Keystone), located in Shiremanstown, Pennsylvania, and later in Camp Hill, Pennsylvania. Keystone purported to be a producer and seller of biodiesel, a type of renewable fuel. Between 2009 and 2012, Tielle participated in a conspiracy to fraudulently claim tax refunds based on the Biodiesel Mixture Tax Credit – a federal excise tax credit for persons or businesses who mix biodiesel with petroleum and use or sell the mixture as a fuel.
“Fraud committed against the United States Government, making all of us victims, is always disappointing,” said U.S. Attorney David J. Freed. “It is particularly so when the fraud is connected to a program with the laudable aim of encouraging renewable fuel production. The defendant in this case nefariously turned a program meant to benefit our community into a scheme to enrich himself and his partners, at our expense. I commend the tireless work of all of our partners in this case, especially the investigators with IRS-Criminal Investigation and the Environmental Protection Agency Criminal Investigation.”
“A strong enforcement program is essential to maintaining the integrity of the renewable fuel program,” said EPA Special Agent in Charge Jennifer Lynn. “Yesterday's guilty plea should send a clear message that EPA and our law enforcement partners are committed to vigorously pursuing these criminal cases.”
As part of the conspiracy, Tielle caused inflated fuel amounts to be reported to the IRS in order to fraudulently claim tax refunds on fuel Keystone was not producing. To account for the inflated fuel amounts, Tielle created false books and records and engaged in a series of sham financial transactions intended to mirror the false books and records. Tielle also caused Keystone to fraudulently claim tax refunds on fuel that did not meet the quality standards needed to qualify for the Biodiesel Mixture Tax Credit and on fuel Keystone had not mixed with petroleum. The total loss resulting from Tielle’s conduct is approximately $4,149,983.41.
Tielle faces a statutory maximum sentence of five years in prison, as well as a period of supervised release, restitution, and monetary penalties.
The case was investigated by IRS-Criminal Investigation and the EPA Criminal Investigation Division. The prosecution is being handled by Assistant U.S. Attorney Geoffrey MacArthur, Special Assistant U.S. Attorney David Lastra, Trial Attorneys Mark Kotila and Kimberly Ang of the Justice Department’s Tax Division and Senior Litigation Counsel Howard P. Stewart of the Justice Department’s Environmental and Natural Resources Division.