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6 November 2018
Convicted Felon Pleads Guilty to Possessing a FirearmRead the Press Release
NEWPORT NEWS, Va. – A Newport News man pleaded guilty today to felon in possession of a firearm.
According to court documents, Kenneth Pressley, 44, was a passenger in a vehicle that fled from Newport News Police officers on May 8, 2018, when officers attempted to conduct a traffic stop. Pressley ran from the vehicle and into the backyard of a residence on 23rd Street in Newport News. An officer followed Pressley and observed him in the backyard bent over at the waist and heard the firearm discharge. After Pressley was taken into custody, officers recovered a Glock 23 .40 caliber firearm, containing 12 rounds of ammunition, as well as the bullet Pressley discharged on scene. Pressley was previously convicted of two counts of attempted malicious wounding, malicious discharge of a firearm into an occupied building, and two counts of use of a firearm in the commission of a felony.
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.
Pressley pleaded guilty to being a felon in possession of a firearm and faces a maximum penalty of 10 years in prison when sentenced on Feb. 15, 2019. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, and Steve R. Drew, Chief of Newport News Police, made the announcement after sentencing by U.S. Magistrate Judge Robert J. Krask. Assistant U.S. Attorney Megan M. Cowles prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:18-cr-71.
Colorado Springs Chiropractor Guilty of Conspiracy and Filing False Income Tax ReturnsRead the Press Release
DENVER – United States Attorney Jason R. Dunn and IRS Criminal Investigation Special Agent in Charge Steven Osborne announce that a Denver jury found Thomas Forster Gehrmann, Jr., age 45, of Colorado Springs, Colorado guilty of conspiracy to defraud the United States and guilty of filing three false income tax returns with the Internal Revenue Service. The guilty verdicts were the result of a six-day trial before U.S. District Court Judge R. Brooke Jackson. Defendant Gehrmann was indicted with Eric William Carlson, age 53, also of Colorado Springs, Colorado, on July 22, 2015. Gehrmann will be sentenced on March 19, 2019, by Judge Jackson. Pending sentencing, Gehrmann is free on bond.
According to information contained in the indictment and evidence presented at trial, from January 2007 until September 2011, Gehrmann, Carlson and an unindicted co-conspirator conspired to defraud the Internal Revenue Service. Gehrmann and Carlson filed false U.S. Individual Income Tax Returns for the calendar years 2008, 2009 and 2010 by failing to report the income they diverted from their business. The defendant and others skimmed money from their chiropractic practice business, using the funds for personal use. In total the defendant skimmed just under half a million dollars from their business.
This case was investigated by IRS Criminal Investigation. Gehrmann faces up to 5 years in prison for conspiracy to defraud the United States and 3 years in prison for each count of filing a false tax return. Carlson, who pled guilty to filing a false tax return on October 24, 2018, is scheduled to be sentenced by Judge Jackson on February 8, 2019.
This case was prosecuted by Assistant U.S. Attorneys Suneeta Hazra, Chief of the Criminal Division, as well as Bryan Fields and Conor Flanigan.
Caribou Man Pleads Guilty to Failing to Register as a Sex OffenderRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Stephen G. Olivo, 58, formerly of Hillsborough County, New Hampshire, and most recently of Caribou, Maine pleaded guilty today in U.S. District Court to failing to register as a sex offender.
Court records reveal that on about October 2, 1990, the defendant was convicted of aggravated felonious sexual assault in Hillsborough County that required him to register as a sex offender for life. In late 2014 or early 2015, the defendant traveled from Georgia to Maine and lived and worked in Aroostook County but failed to inform the sex offender registry in New Hampshire that he had left New Hampshire. He also never registered in Maine, as required. He was arrested in September 2018.
The defendant faces up to 10 years in prison and a $250,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the U.S. Marshal’s Service.
Cameron Weaver Sentenced for Possession with Intent to Distribute FentanylRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Cameron Weaver, a resident of Philadelphia, was sentenced yesterday in United States District Court in Rutland after pleading guilty to possession with intent to distribute fentanyl and cocaine base. Chief U.S. District Judge Geoffrey W. Crawford sentenced Weaver to 18 months in prison and three years of supervised release. Mr. Weaver has been incarcerated since his arrest on March 13, 2018.
According to court records, on March 13, 2018, the Vermont Drug Task Force used a confidential informant to purchase from Weaver approximately seven grams of cocaine base, commonly referred to as crack cocaine, and over 100 bags of heroin. Subsequent laboratory testing confirmed that the bags tested positive for heroin and fentanyl. Shortly after the purchase, law enforcement stopped Mr. Weaver’s car and placed him under arrest. During a subsequent search of Weaver, law enforcement recovered approximately $4700 in cash, just over 400 bags of heroin, and approximately 8 grams of cocaine base. Subsequent laboratory testing confirmed that the heroin tested positive for heroin and fentanyl. These seizures of cash and drugs occurred while Weaver was on pre-trial diversion for a felony money laundering offense in New Jersey.
This case was investigated by the Vermont Drug Task Force, with the assistance of the South Burlington Police Department. Weaver is represented by Jason J. Sawyer. The government is represented by Assistant U.S. Attorney Jonathan Ophardt.
Brooklyn Man Convicted of Kidnapping and Extortion ConspiracyRead the Press Release
Following six days of trial, a federal jury in Brooklyn today returned a guilty verdict against Mark Krivoi on all four counts of an indictment charging him with kidnapping, kidnapping conspiracy, extortion and extortion conspiracy in connection with the violent assault of a teenage victim who had started a cleaning business that competed with a similar business operated by Krivoi’s co-defendant Ruslan Reizin. Krivoi faces up to 20 years’ imprisonment on each count when he is sentenced by United States District Judge Eric N. Vitaliano. Reizin pleaded guilty to the same four counts on October 4, 2018.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the verdict.
“As found by the jury, Krivoi provided the muscle in the vicious shakedown of a young man who was threatened and beaten simply for starting a competing business,” stated United States Attorney Donoghue. “Using violence to intimidate a business competitor will never be tolerated in our community. I commend the FBI Special Agents and our prosecutors for responding swiftly and effectively to the victim’s complaint resulting in today’s verdict.” Mr. Donoghue also expressed his grateful appreciation to the agents and detectives of U.S. Customs and Border Protection and the New York City Police Department.
The evidence presented at trial showed that Krivoi and Reizin, who are cousins, participated in a violent extortion conspiracy targeting the 19-year-old victim after he had left Reizin’s employ to start his own power-washing business. Reizin warned the victim that he was not permitted to work in Brooklyn and demanded a meeting with him to resolve the issue. On May 22, 2017, Krivoi and Reizin drove the victim to a secluded location in Sheepshead Bay. Reizin held the victim at knifepoint and warned him that Krivoi was a “soldier” in “Bratva,” a local motorcycle club that’s name means “brotherhood” in Russian. Reizin demanded $10,000 from the victim and when the victim replied that he could not afford to pay that amount, Reizin turned to Krivoi and uttered a Russian word that means “go.” Krivoi repeatedly punched the victim knocking him to the ground. Krivoi threatened to kill the victim and bury him on the spot. The victim agreed to pay $5,000, but then contacted the FBI.
The government’s case is being handled by the Office’s Organized Crime and Gang Section. Assistant United States Attorneys Matthew J. Jacobs and Andrey Spektor are in charge of the prosecution.
The Defendant:
MARK KRIVOI (also known as “Igor”)
Age: 55
Brooklyn, New YorkE.D.N.Y. Docket No. 18-CR-100 (ENV)
Arkansas Man Admits to Identity Theft and FraudRead the Press Release
St. Louis, MO – Ricky McDonald, 36, of West Fort, Arkansas, pleaded guilty to access device fraud today in U.S. District Court. McDonald appeared before Judge John A. Ross who accepted his plea and set his sentencing for February 12, 2019. McDonald remains in federal custody pending sentencing.
In his plea, McDonald admitted to possessing personal identifiers for more than 700 individuals and more than 70 counterfeit bank card, credit cards and personal checks with his co-defendant, Brittany Cook. Cook pleaded guilty to the same charge in September and awaits sentencing in December.
McDonald and Cook were stopped by the St. Louis County Police on July 18, 2018 for a traffic violation and a search of their car revealed a large cache of personal identification information, including victims’ home addresses and social security numbers, as well as counterfeit cards and other equipment used for economic crimes such as check stock, a printer and books and records containing detailed lists of others’ identifiers.
McDonald faces up to 10 years imprisonment, a fine of not more than $250,000 or both at sentencing. Restitution to any victims of Defendant’s conduct is also mandatory.
This case was investigated by the U.S. Secret Service. Assistant United States Attorney Gwen Carroll is handling the case for the U.S. Attorney's Office.
Albuquerque Man Arrested on Federal Carjacking and Firearm Charges Following High Speed ChaseRead the Press Release
ALBUQUERQUE – Donovan Young, 21, of Albuquerque, N.M, made his initial appearance this morning in federal court on a criminal complaint charging him with carjacking and firearms offenses. Young remains in federal custody pending preliminary and detention hearings scheduled for tomorrow.
Officers of the Albuquerque Police Department and deputies of the Bernalillo County Sheriff’s Office arrested Young on state charges on Nov. 2, 2018. The Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Young on Nov. 5, 2018, on the federal criminal complaint, which charges him with carjacking and brandishing a firearm during a crime of violence.
According to the federal criminal complaint, Young and another man (who has not been apprehended) robbed the carjacking victim in the parking lot of a supermarket on Nov. 2, 2018. Young allegedly took the victim’s keys, wallet, and cell phone by pointing an AK type rifle at the victim and allegedly telling him that his belongings “aren’t worth your life.” Young allegedly fled the scene in the victim’s pickup truck, but officers located Young at a nearby gas station using a tracking feature for the victim’s phone. Young allegedly sped away when officers tried to arrest him, leading officers on a pursuit through residential neighborhoods reaching speeds more than 100 miles per hour. Officers arrested Young when he stopped his truck in a mound of dirt and recovered a rifle matching the victim’s description of the firearm used in the crime. The victim identified Young as the same man who pointed the rifle at him at the supermarket.
The maximum statutory penalty for a conviction on the carjacking offense is 15 years in federal prison and a $250,000 fine. The statutory penalty for a conviction on the firearm offense is a mandatory minimum seven years of imprisonment, which must be served consecutive to any other sentence imposed. Charges in criminal complaints are merely accusations and the defendant is presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Albuquerque Police Department, and the Bernalillo County’s Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.
Akron woman sentenced to nearly seven years in prison for defrauding the U.S. Department of Education out of $1.8 million by enrolling prison inmates and others in Arizona community collegeRead the Press Release
An Akron woman was sentenced to nearly seven years in prison for defrauding the U.S. Department of Education out of $1.8 million through a scheme where she and others enrolled prison inmates and people whose identities they stole in an Arizona community college in order to obtain financial aid.
Janice M. Shufford, 54, was sentenced to 81 months in prison and ordered to pay $1.2 million in restitution. A jury convicted her earlier this year of conspiracy to commit wire fraud, aggravated identity theft and wire fraud following a trial.
Bridgid D. Sommerville, 48, and Christine M. Robinson, 39, previously pleaded guilty to related charges.
“These defendants lied on applications or used stolen identities to steal money that otherwise would have gone to deserving students,” U.S. Attorney Justin Herdman said. “Our office will continue to prosecute those who defraud the federal government.”
“These individuals engaged in fraud that resulted in over a million dollars lining their greedy pockets and not going to deserving, eligible students in need,” said FBI Special Agent in Charge Stephen D. Anthony. “The FBI will continue efforts to bring self-serving fraudsters to justice."
Financial aid is sometimes provided to eligible students by the U.S. Department of Education to help pay for college. This money can include living expenses, beyond the cost of tuition, that is sometimes disbursed via bank debit cards. In this case, those refunds were sent to addresses or bank accounts controlled by the defendants, according to the indictment.
The defendants conspired to obtain federal student financial aid money to which the recipients were neither eligible nor entitled. For example, people who are incarcerated, or have not received a high school diploma or GED are not entitled to receive federal financial aid, according to the indictment.
The defendants fraudulently enrolled hundreds of people at Maricopa Community College in Arizona between 2011 and 2015, according to the indictment.
The case is being prosecuted by Assistant U.S. Attorneys Brian McDonough and Ranya Elzein following an investigation by the Department of Education, Office of Inspector General, and the Federal Bureau of Investigation.
Akron man sentenced to 10 years in prison for firearms violationRead the Press Release
An Akron man was sentenced to 10 years in prison for firearms violations.
Lashawn Johnson, 40, previously pleaded guilty to being a felon in possession of a firearm.
Akron Police officers responded on Feb. 4 to a 911 call from a man who stated that Johnson pointed a gun in his face and threatened him outside of a convenience store. Police responded and found the Johnson in the store, according to court records and statements in court.
Officers attempted to talk to Johnson and he tried to leave and fought with the officers. The officers found a loaded firearm and less than a gram of methoxyacetylfentanyl on Johnson, according to court records and statements in court.
Johnson is barred from having a firearm because has a prior federal conviction for trafficking cocaine and prior felony convictions for trafficking heroin and cocaine in the Summit County Court of Common Pleas.
This case was prosecuted by Assistant U.S. Attorney Aaron P. Howell following an investigation by the Akron Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives.
Akayed Ullah Convicted for Detonation of a Bomb in New York CityRead the Press Release
Akayed Ullah, 28, of Brooklyn, New York, and a lawful permanent resident from Bangladesh, was convicted today on all six counts of the Indictment, which charged him with offenses related to the detonation and attempted detonation of a bomb in a subway station near the New York Port Authority Bus Terminal in New York City on Dec. 11, 2017. Ullah, who faces a possible sentence of life in prison, is scheduled to be sentenced on April 5, 2019, by the Honorable Richard J. Sullivan, who presided over the one-week trial.
Assistant Attorney General for National Security John C. Demers and U.S. Attorney Geoffrey S. Berman for the Southern District of New York made the announcement.
“Less than a year ago, Ullah constructed a pipe bomb and detonated it in a mass transit hub in the heart of New York City to harm and terrorize as many people as possible, all on behalf of ISIS. His crime reminds us that the threat of radical Islamist terrorism remains real,” said Assistant Attorney General Demers. “This guilty verdict holds Ullah accountable, and he faces a potential life term in federal prison for his crimes. I want to thank all the agents and prosecutors whose outstanding work made this result possible.”
“Late last year, Akayed Ullah detonated a bomb during the bustle of morning rush hour under the Port Authority Bus Terminal,” said U.S. Attorney Berman. “Ullah’s sinister purpose was to harm and terrorize as many innocent people in his path as possible, by using deadly violence to make a political statement. Ullah’s conviction by a unanimous jury of New Yorkers falls on Election Day, which fittingly underscores the core principles of American democracy and spirit: Americans engage in the political process through votes, not violence. Today, Ullah stands convicted, he faces a potential life sentence, and his purpose failed. New York City remains a shining symbol of freedom and hope.”
As set forth in the Complaint, Indictment, and the evidence presented at trial:
Islamic State of Iraq and Al-Sham
ISIS is a foreign terrorist organization based in the Middle East and Africa whose publicly stated purpose is the establishment of an Islamic state or caliphate based in the Middle East and Africa that encompasses all Muslims worldwide. ISIS has pursued the objective of an Islamic state through, among other things, killing and deliberate targeting of civilians, mass executions, persecution of individuals and communities on the basis of their religion, nationality, or ethnicity, kidnapping of civilians, forced displacement of Shia communities and minority groups, killing and maiming of children, rape, and other forms of sexual violence. ISIS has recruited thousands of foreign fighters from across the globe to assist with its efforts to expand its so-called caliphate in Iraq, Syria, and other locations in Africa and the Middle East, and has leveraged technology to spread its violent extremist ideology and for incitement to commit terrorist acts.
The Dec. 11, 2017 Attack
On Dec. 11, 2017, at approximately 7:20 a.m., Akayed Ullah detonated an improvised explosive device (“IED”) inside a subway terminal (the “Subway Terminal”) in or around the New York Port Authority Bus Terminal located at West 42nd Street and Eighth Avenue in New York, New York (the “December 11 Attack”). Shortly after the blast, members of the Port Authority of New York and New Jersey Police Department (“PAPD”) located Ullah lying on the ground in the vicinity of the explosion. Surveillance footage captured Ullah walking through the Subway Terminal and detonating his IED.
Ullah was taken into custody by law enforcement. During the course of Ullah’s arrest, law enforcement officers located on his person and in the surrounding area what appeared to be the components of an exploded pipe bomb (the “Pipe Bomb”). Specifically, law enforcement located, among other items, (i) a nine-volt battery inside Ullah’s pants pocket; (ii) wires connected to the battery and running underneath Ullah’s jacket; (iii) two plastic zip ties underneath Ullah’s jacket; (iv) several fragments of a metal pipe, including pieces of a metal end cap, on the ground; (v) the remnants of what appeared to be a Christmas tree lightbulb attached to wires; (vi) metal screws; and (vii) pieces of what appear to be plastic zip ties, among other items.
After Ullah was taken into custody, he was transferred to Bellevue Hospital, where he made statements to law enforcement officers after waiving his Miranda rights. During that interview, Ullah stated, among other things, the following:
- Ullah constructed the Pipe Bomb and carried out the Dec. 11 Attack. Ullah was inspired by ISIS to carry out the Dec. 11 Attack, and stated, among other things, “I did it for the Islamic State.”
- Ullah constructed the Pipe Bomb at his residence in Brooklyn (“the Residence”).
- The Pipe Bomb was composed of a metal pipe, which Ullah filled with explosive material that he created. Ullah used Christmas tree lights, wires, and a nine-volt battery as a trigger to detonate the Pipe Bomb. Ullah filled the Pipe Bomb with metal screws, which he believed would cause maximum damage. Ullah used zip ties to secure the Pipe Bomb to his body.
- Ullah carried out the Dec. 11 Attack in part because of the United States Government’s policies in, among other places, the Middle East. One of Ullah’s goals in carrying out the Dec. 11 Attack was to terrorize as many people as possible. He chose to carry out the attack on a work day because he believed that there would be more people present.
- Ullah’s radicalization began no later than approximately 2014. Ullah viewed pro-ISIS materials online, including a video instructing, in substance, that if supporters of ISIS were unable to travel overseas to join ISIS, they should carry out attacks in their homelands. He began researching how to build IEDs on the Internet approximately one year prior to the attack.
- On the morning of Dec. 11, 2017, shortly before carrying out the attack, Ullah posted a statement on his Facebook account referring to the President of the United States, stating, in substance, “Trump you failed to protect your nation.” Ullah also posted a statement that he believed would be understood by members and supporters of ISIS to convey that Ullah carried out the attack in the name of ISIS.
Items Recovered from Ullah’s Residence
On Dec. 11, 2017, law enforcement agents searched the Residence pursuant to a judicially authorized search warrant. Law enforcement agents recovered, among other items, (i) multiple pieces of metal pipes; (ii) pieces of wire and fragments of what appear to be Christmas tree lights; (iii) multiple screws consistent with the screws recovered at the scene of the Dec. 11 Attack; and (iv) a passport in Ullah’s name with multiple handwritten notations, including: “O AMERICA, DIE IN YOUR RAGE.”
* * *
Ullah was convicted of one count of provision of material support and resources to a designated foreign terrorist organization, which carries a maximum sentence of 20 years in prison; one count of using and attempting to use a weapon of mass destruction, which carries a maximum sentence of life in prison; one count of bombing and attempting to bomb a place of public use, which carries a maximum sentence of life in prison; one count of destruction of property by means of fire or explosives, which carries a mandatory minimum sentence of five years in prison and a potential maximum sentence of 20 years in prison; and use of a destructive device in furtherance of a crime of violence, namely, the use and attempted use of a weapon of mass destruction, which carries a mandatory minimum consecutive sentence of 30 years in prison and potential maximum of life, all in connection with Ullah’s alleged detonation of an explosive device in New York City.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by Judge Sullivan.
Mr. Demers and Mr. Berman praised the outstanding investigative efforts of the FBI, the NYPD, the Department of Homeland Security, Homeland Security Investigations (“HSI”), and the PAPD. Ullah’s conviction is the result of the close cooperative efforts of the U.S. Attorney’s Office for the Southern District of New York, the FBI’s Joint Terrorism Task Force – which consists of law enforcement officers of the FBI, NYPD, HSI, PAPD, and other agencies – and the U.S. Department of Justice’s National Security Division.
Assistant U.S. Attorneys Shawn G. Crowley, Rebekah Donaleski, and George D. Turner of the Southern District of New York are in charge of the prosecution, with assistance from Trial Attorney Jerome J. Teresinski of the Counterterrorism Section of the Justice Department’s National Security Division.
Akayed Ullah Convicted in Manhattan Federal Court for Detonation of A Bomb in New York CityRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and John C. Demers, the Assistant Attorney General for National Security, announced that a jury returned a guilty verdict today against AKAYED ULLAH in Manhattan federal court on all six counts of the Indictment, which charged him with offenses related to the detonation of a bomb in a subway station near the New York Port Authority Bus Terminal in New York City on December 11, 2017. ULLAH, who faces a possible sentence of life in prison, is scheduled to be sentenced on April 5, 2019, by the Honorable Richard J. Sullivan, who presided over the one-week trial.
U.S. Attorney Geoffrey S. Berman said: “Late last year, Akayed Ullah detonated a bomb during the bustle of morning rush hour under the Port Authority Bus Terminal. Ullah’s sinister purpose was to harm and terrorize as many innocent people in his path as possible, by using deadly violence to make a political statement. Ullah’s conviction by a unanimous jury of New Yorkers falls on Election Day, which fittingly underscores the core principles of American democracy and spirit: Americans engage in the political process through votes, not violence. Today, Ullah stands convicted, he faces a potential life sentence, and his purpose failed. New York City remains a shining symbol of freedom and hope.”
Assistant Attorney General John C. Demers said: “Less than a year ago, Ullah constructed a pipe bomb and detonated it in a mass transit hub in the heart of New York City to harm and terrorize as many people as possible, all on behalf of ISIS. His crime reminds us that the threat of radical Islamist terrorism remains real. This guilty verdict holds Ullah accountable, and he faces a potential life term in federal prison for his crimes. I want to thank all the agents and prosecutors whose outstanding work made this result possible.”
As set forth in the Complaint, Indictment, and the evidence presented at trial:
Islamic State of Iraq and Al-Sham
ISIS is a foreign terrorist organization based in the Middle East and Africa whose publicly stated purpose is the establishment of an Islamic state or caliphate based in the Middle East and Africa that encompasses all Muslims worldwide. ISIS has pursued the objective of an Islamic state through, among other things, killing and deliberate targeting of civilians, mass executions, persecution of individuals and communities on the basis of their religion, nationality, or ethnicity, kidnapping of civilians, forced displacement of Shia communities and minority groups, killing and maiming of children, rape, and other forms of sexual violence. ISIS has recruited thousands of foreign fighters from across the globe to assist with its efforts to expand its so-called caliphate in Iraq, Syria, and other locations in Africa and the Middle East, and has leveraged technology to spread its violent extremist ideology and for incitement to commit terrorist acts.
The December 11, 2017 Attack
On December 11, 2017, at approximately 7:20 a.m., ULLAH detonated an improvised explosive device (“IED”) inside a subway terminal (the “Subway Terminal”) in or around the New York Port Authority Bus Terminal located at West 42nd Street and Eighth Avenue in New York, New York (the “December 11 Attack”). Shortly after the blast, members of the Port Authority of New York and New Jersey Police Department (“PAPD”) located ULLAH lying on the ground in the vicinity of the explosion. Surveillance footage captured ULLAH walking through the Subway Terminal and detonating his IED.
ULLAH was taken into custody by law enforcement. During the course of ULLAH’s arrest, law enforcement officers located on his person and in the surrounding area components of an exploded pipe bomb (the “Pipe Bomb”). Specifically, law enforcement located, among other items, (i) a nine-volt battery inside ULLAH’s pants pocket; (ii) wires connected to the battery and running underneath ULLAH’s jacket; (iii) two plastic zip ties underneath ULLAH’s jacket; (iv) several fragments of a metal pipe, including pieces of a metal end cap, on the ground; (v) the remnants of a Christmas tree lightbulb attached to wires; (vi) metal screws; and (vii) pieces of plastic zip ties, among other items.
After ULLAH was taken into custody, he was transferred to Bellevue Hospital, where he made statements to law enforcement officers after waiving his Miranda rights. During that interview, ULLAH stated, among other things, the following:
- ULLAH constructed the Pipe Bomb and carried out the December 11 Attack. ULLAH was inspired by ISIS to carry out the December 11 Attack, and stated, among other things, “I did it for the Islamic State.”
- ULLAH constructed the Pipe Bomb at his residence in Brooklyn (“the Residence”).
- The Pipe Bomb was composed of a metal pipe, which ULLAH filled with explosive material that he created. ULLAH used Christmas tree lights, wires, and a nine-volt battery as a trigger to detonate the Pipe Bomb. ULLAH filled the Pipe Bomb with metal screws, which he believed would cause maximum damage. ULLAH used zip ties to secure the Pipe Bomb to his body.
- ULLAH carried out the December 11 Attack in part because of the United States Government’s policies in, among other places, the Middle East. One of ULLAH’s goals in carrying out the December 11 Attack was to terrorize as many people as possible. He chose to carry out the attack on a work day because he believed that there would be more people present.
- ULLAH’s radicalization began no later than approximately 2014. ULLAH viewed pro-ISIS materials online, including a video instructing, in substance, that if supporters of ISIS were unable to travel overseas to join ISIS, they should carry out attacks in their homelands. He began researching how to build IEDs on the Internet approximately one year prior to the attack.
- On the morning of December 11, 2017, shortly before carrying out the attack, ULLAH posted a statement on his Facebook account referring to the President of the United States, stating, in substance, “Trump you failed to protect your nation.” ULLAH also posted a statement that he believed would be understood by members and supporters of ISIS to convey that ULLAH carried out the attack in the name of ISIS.
Items Recovered from ULLAH’s Residence
On December 11, 2017, law enforcement agents searched the Residence pursuant to a judicially authorized search warrant. Law enforcement agents recovered, among other items, (i) multiple pieces of metal pipes; (ii) pieces of wire and fragments of Christmas tree lights; (iii) multiple screws consistent with the screws recovered at the scene of the December 11 Attack; and (iv) a passport in ULLAH’s name with multiple handwritten notations, including: “O AMERICA, DIE IN YOUR RAGE.”
* * *
ULLAH, 28, of Brooklyn, New York, was convicted of one count of provision of material support and resources to a designated foreign terrorist organization, which carries a maximum sentence of 20 years in prison; one count of using and attempting to use a weapon of mass destruction, which carries a maximum sentence of life in prison; one count of bombing and attempting to bomb a place of public use, which carries a maximum sentence of life in prison; one count of destruction of property by means of fire or explosives, which carries a mandatory minimum sentence of five years in prison and a potential maximum sentence of 20 years in prison; and use of a destructive device in furtherance of a crime of violence, namely, the use and attempted use of a weapon of mass destruction, which carries a mandatory minimum consecutive sentence of 30 years in prison and potential maximum of life, all in connection with ULLAH’s alleged detonation of an explosive device in New York City.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by Judge Sullivan.
Mr. Berman and Mr. Demers praised the outstanding investigative efforts of the Federal Bureau of Investigation (“FBI”), the New York City Police Department (“NYPD”), the Department of Homeland Security, Homeland Security Investigations (“HSI”), and the PAPD. ULLAH’s conviction is the result of the close cooperative efforts of the U.S. Attorney’s Office for the Southern District of New York, the FBI’s Joint Terrorism Task Force – which consists of law enforcement officers of the FBI, NYPD, HSI, PAPD, and other agencies – and the U.S. Department of Justice’s National Security Division.
The prosecution is being handled by the Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Shawn G. Crowley, Rebekah Donaleski, and George D. Turner are in charge of the prosecution, with assistance from Trial Attorney Jerome J. Teresinski of the Counterterrorism Section of the Justice Department’s National Security Division.
Additional Candy-Machine Drug Trafficker Sentenced in Multi-State Cocaine, Marijuana Distribution ConspiracyRead the Press Release
SAVANNAH, GA: A Savannah man will spend more than 11 years in federal prison after pleading guilty in a cross-country drug-trafficking conspiracy that distributed cocaine and marijuana throughout coastal Georgia.
United States District Court Judge William T. Moore Jr. sentenced Aaron Craig Hubbard, a/k/a “Yup,” a/k/a “Yap,” 30, to 136 months in federal prison after Hubbard pled guilty to conspiracy to possess with intent to distribute and conspiracy to distribute cocaine and marijuana, and to being a felon in possession of a firearm. The sentence will be served consecutive to his sentence for violating state parole. There is no parole in the federal system. Upon release from federal prison, Hubbard will be on federal supervised release for four years.
Hubbard was part of a coast-to-coast drug trafficking organization that spanned from California to Savannah. As outlined in court records and in various hearings, marijuana sales were used to finance cocaine purchases, with cash proceeds hidden in candy machines and shipped to hubs in Atlanta and California. Co-conspirators in those areas shipped pounds of marijuana and kilograms of cocaine to Savannah via U.S. Mail and in vehicles with hidden compartments.
While on state parole, Hubbard served as a major cocaine dealer in Savannah for the drug trafficking organization. During the investigation, agents intercepted him on court-authorized wiretaps and seized nearly $100,000 in cash, multiple firearms, pounds of marijuana and other drug trafficking tools from Hubbard’s stash houses.
Hubbard was in frequent phone contact with co-conspirator Eugene “Poncho” Allen, who is alleged to be a ringleader of the drug trafficking organization despite currently serving a life sentence for murder in a Georgia state prison. Allen is alleged to have run his organization using smuggled contraband phones.
A federal grand jury in August 2017 charged 20 defendants with drug trafficking offenses and most of them have pled guilty. During this investigation, agents seized eight firearms, more than 50 pounds of marijuana, multiple kilograms of cocaine, and hundreds of thousands of dollars in cash.
“This operation by the Organized Crime Drug Enforcement Task Force is an excellent example of the success the good guys achieve when we work together as a united team,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “The coordinated actions of law enforcement agencies and prosecutors will continue to make our neighborhoods safer by hunting down violent drug dealers and sending them to prison.”
“Hubbard continued to distribute drugs on the streets of Savannah while on state parole, showing an intentional disregard for the law,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Thanks to the hard work and cooperation of multiple federal, state and local law enforcement agencies as part of the FBI’s Violent Crimes Task Force, he will serve his entire federal sentence because there is no opportunity for parole in the federal system.”
“Those breaking the law don’t care about jurisdictional lines, and law enforcement agencies shouldn’t either,” said Chatham County District Attorney Meg Heap. “Our community benefits the most when all law-enforcement agencies work in tandem. This task force is the perfect example of why that is important. I want to thank all of the partners for their hard work in getting these criminals off our streets.”
Chatham-Savannah Counter Narcotics Team (CNT) Director Everett Ragan said, “This operation is a prime example of local, state, and federal law enforcement agencies collaborating to dismantle a drug distribution ring operating in Chatham County and throughout the United States. CNT prides itself on our close working partnerships, and takes even more pride in putting drug dealers away for a long time.”
This investigation was conducted by the Federal Bureau of Investigation (FBI), the Chatham County Narcotics Unit (CNT), the Savannah Police Department, the Chatham County Sheriff’s Office, the United States Postal Inspector’s Office and the United States Marshal’s Service. This case is being prosecuted as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, which is the premier law enforcement unit whose task is to dismantle multi-jurisdictional drug trafficking organizations. This case is being prosecuted by Special Assistant United States Attorney/ Assistant District Attorney Noah Abrams, and Assistant United States Attorneys Greg Gilluly and Frank Pennington.
For any questions, please contact Barry Paschal at the United States Attorney’s Office at (912) 652-4422.
$5.1 Million Dollar Settlement Reached with Indiana Dental Firm to Resolve False Claims AllegationsRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell M. Coleman announced today that ImmediaDent of Indiana, LLC (ImmediaDent), which operates nine dental care practices in Indiana, and Kansas based Samson Dental Partners, LLC (SDP), which provides administrative support services to ImmediaDent, have agreed to pay the United States and the State of Indiana $5.139 million to resolve allegations that they improperly billed Indiana’s Medicaid program for dental services; the companies have been determined to continue to be a high risk to the United States health care programs and their beneficiaries.
The settlement comes as part of a coordinated effort between the United States Attorney’s Office in the Western District of Kentucky, working on behalf of the Office of Inspector General (OIG) of the Department of Health and Human Services, and the Office of the Indiana Attorney General, Medicaid Fraud Control Unit.
“Let this be a warning to health care organizations that the United States government is watching, and will continue to watch for false claims no matter how large or small,” said United States Attorney Russell M. Coleman. “The United States Attorney’s office is protecting the taxpayers’ dollars every day with the help of our state and local partners.”
The companies are accused of submitting false claims for payment to Indiana’s Medicaid program between January 1, 2009, and September 30, 2013. Both companies are alleged to have submitted false claims to Indiana’s Medicaid program by (1) improperly billing simple tooth extractions as though they were surgical extractions and (2) improperly billing Scale and Root Planings (otherwise known as “deep cleanings”) that were either not performed or not medically necessary. Additionally, SDP is accused of violating Indiana’s law prohibiting the corporate practice of dentistry by improperly influencing ImmediaDent’s medical professionals and staff by rewarding production, disciplining employees for not meeting production objectives, and directing personnel in a manner which compromised clinical judgment.
SDP and ImmediaDent agreed to pay the United States $3,400,270.74 under the settlement. The companies also agreed to pay $1,782,729.26 to the state of Indiana. In connection with this settlement, OIG determined that the companies needed additional oversight. OIG proposed the companies enter into a Corporate Integrity Agreement that would require compliance measures and monitoring by OIG. The companies refused to agree to this oversight. OIG has determined that in the absence of such oversight, the companies pose a continuing high risk to the Federal health care programs and their beneficiaries.
“Working to recover taxpayer funds taken through fraud and other illegal means is part of our responsibility as stewards of the public trust,” said Indiana Attorney General Curtis Hill. “We appreciate the collaboration of our federal partners in this particular case and we intend to remain vigilant going forward to make sure Medicaid monies are used for their designated purposes.”
This matter arose as a complaint for monetary damages under the qui tam provisions of the federal False Claims Act and Indiana’s False Claims Act. The relator, Dr. Jihaad Abdul-Majid, filed a qui tam action on February 20, 2013, in the United States District Court for the Western District of Kentucky captioned United States ex rel. Jihaad Abdul-Majid, et al. v. ImmediaDent Specialty, P.C., et al., Civil Action No. 3:13-cv-222-CRS.
Assistant United States Attorney Benjamin S. Schecter handled the case for the United States in coordination with Indiana Deputy Attorney General Lawrence J. Carcare II. The Department of Health and Human Services Office of Inspector General, Defense Criminal Investigative Services, and the Indiana Attorney General’s Medicaid Fraud Control Unit assisted in the investigation.
5 November 2018
Woman Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Jessica Harris was sentenced on October 31 on a charge that she made false statements on a federal form in order to purchase a firearm. Court documents show that Harris, 34, of Mobile, Alabama, falsified information on the federal form to acquire five AR-type pistols. When confronted by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, she admitted that the information she put on the form was not true and identified the person for whom she bought the guns. United States District Court Judge Kristi K. Dubose imposed a sentence of 12 months’ probation. No fine was imposed but Harris was ordered to pay $100 in special mandatory assessments.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosive. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria A. Bedwell.
Woman Arrested for Stealing Social Security BenefitsRead the Press Release
BOSTON – An Orange, Mass., woman was arrested today and charged in federal court in Springfield in connection with stealing more than $65,000 in Social Security benefits.
Marie Coleman, 49, was charged in an indictment unsealed today with one count of concealing events affecting the right to payment of Social Security benefits. She will appear in federal court in Springfield this afternoon.
According to the indictment, Coleman served as the representative payee for an individual who was receiving Social Security benefits. Coleman failed to disclose that the individual stopped living with her in November 2008, and she continued to receive benefits on the individual’s behalf through January 2017. Coleman allegedly received more than $69,000 worth of Social Security benefits after the individual stopped living in her home.
The charge of concealing events affecting the right to payment of Social Security benefits provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. 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 Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Assistant U.S. Attorney Christopher Morgan of Lelling’s Springfield Branch Office is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney Steven D. Weinhoeft Announces Election Day Anti-Fraud EffortsRead the Press Release
United States Attorney Steven D. Weinhoeft announced today that Assistant United States Attorney (AUSA) Norman Smith will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election. AUSA Smith has been appointed to serve as the District Election Officer (DEO) for the Southern District of Illinois, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Weinhoeft stated that AUSA/DEO Smith will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: (618) 628-3700.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (618) 397-4401.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Steven D. Weinhoeft said, "Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division."
United States Attorney Brady Announces Department of Justice Efforts to Protect the Right to VoteRead the Press Release
PITTSBURGH - U.S. Attorney Scott W. Brady today announced the appointment of Assistant U.S. Attorney Eric Olshan to lead the efforts of the U.S. Attorney’s Office for the Western District of Pennsylvania in connection with the Justice Department’s nationwide Election Day program for the Nov. 6, 2018 general election.
Assistant U.S. Attorney Olshan will serve as the District Election Officer for the Western District of Pennsylvania. In that capacity, he is responsible for overseeing the handling of complaints of election fraud and voting rights abuses in the 25 counties in the Western District of Pennsylvania, in consultation with Justice Department headquarters.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department of Justice for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses, and to ensure that such complaints are directed to the appropriate authorities, Assistant U.S. Attorney Olshan will be on duty while the polls are open. Assistant U.S. Attorney Olshan can be reached by the public at 412-894-7446.
Nationally, the FBI has Special Agents in each Field Office and Resident Agency throughout the country to receive allegations of election fraud and other election abuses. In the Western District of Pennsylvania, the FBI can be reached at 412-432-4000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] (link sends e-mail) or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Appoints District Election Officer Pursuant to Nationwide Federal Election Day ProgramRead the Press Release
Baltimore, Maryland – United States Attorney Robert K. Hur announced today that Assistant United States Attorney (AUSA) Leo J. Wise has been appointed to serve as the District Election Officer (DEO) for Maryland in connection with the Justice Department’s nationwide Election Day Program for tomorrow’s November 6, 2018, general elections. AUSA Wise is responsible for overseeing the federal response to any complaints of election fraud and voting rights abuses in consultation with state authorities, the FBI, and Justice Department Headquarters.
United States Attorney Robert K. Hur said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
“As part of the Justice Department’s nationwide election day program, every U.S. Attorney appoints an election officer to review specific allegations of election fraud and voting rights violations, consult with state and federal authorities where appropriate, and pursue any evidence that warrants prosecution,” said U.S. Attorney Robert K. Hur. “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 6, 2016, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Hur stated that AUSA/DEO Wise will be on duty in this District while the polls are open. He can be reached by the public at 410-209-4800.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI field office can be reached by the public at 410-265-8080.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by e-mail to [email protected] or by complaint form at https://www.justice.gov/crt/complaint/votintake/index.php.
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U.S. Attorney Shappert Announces the Project Safe Neighborhoods Grant Solicitation and Encourages Interested Agencies and Organizations to ApplyRead the Press Release
St. Thomas, USVI – U.S. Attorney Gretchen C.F. Shappert announced today the Project Safe Neighborhood (PSN) grant solicitation for the Virgin Islands PSN initiative. The U.S. Virgin Islands PSN Task Force was recently awarded a grant of $ 64, 458 from the Department of Justice Bureau of Justice Assistance to support local law enforcement efforts and projects contributing to violence prevention and intervention. The Community Foundation of the Virgin Islands (CFVI) has agreed to serve as the fiscal agent for this initiative. Local law enforcement agencies/departments, social service-providing entities, non-profit organizations, neighborhood associations, community boards, religious institutions, and schools are encouraged to apply. Priority will be given to projects that strengthen community outreach and engagement within the Territory’s public housing communities where large numbers of violent crimes are occurring. Applicants will be expected to describe how their efforts will support one or more of the PSN priorities, such as effective intervention and outreach to support public safety in public housing communities, to include the Bovoni Public Housing Community. To submit an application for consideration, interested persons must complete the online forms available here. For law enforcement agencies, applications are sent to http://bit.ly/PSNLEEgrantapp and for agencies and organizations applying to support outreach and prevention efforts, applications should be sent to http://bit.ly/PSNOPgrantapp. The deadline for applications in November 18, 2018.
"The grant solicitation process is an important component of our PSN strategy in the Territory," Shappert said. "This is a process by which interested law enforcement agencies, local public service agencies, non-profits and other community organization can receive funding to optimize their public safety and community outreach efforts. We are grateful for our collaboration with CFVI in this initiative."
Individuals with questions about the grant solicitation process can contact CFVI Grants and Programs Manager Khadija De Lagarde at [email protected] or the U.S. Attorney’s Office.
U.S. Attorney Dunavant | How we are reducing gun crimes in Memphis Michael Dunavant, Guest Columnist Published 4:52 p.m. CT Oct. 31, 2018, Commercial AppealRead the Press Release
Memphis, TN - The first Executive Order issued by President Trump in February 2017 was to reduce crime and restore public safety to communities across the nation.
Under the leadership of Attorney General Jeff Sessions, the nation’s 94 U.S. Attorney’s Offices in the Department of Justice have responded and charged the largest number of violent crime and firearm defendants in its history in FY 2018.
Since taking office last September, I have made prosecution of gun crimes in the federal system a top priority. Under our violence reduction strategy, the U.S. Attorney’s Office has dramatically increased the number of firearms prosecutions filed, and seeks maximum sentences on firearms offenses because guns are a common denominator in many violent crimes, including murder, robbery, drug trafficking and aggravated assault.
During FY 2018, the Western District of Tennessee ranks No. 1 among all 25 medium districts in the country and No. 1 among all 9 districts in the 6th Circuit for number of firearms and violent crime cases and defendants filed. The office also ranks 6th among all districts in the nation in firearms prosecutions. The Department of Justice is open for business, and it shows.
Project Safe Neighborhoods (PSN) is a proven violent crime reduction strategy that works, and is now reinvigorated with additional resources and commitment from our partners at the ATF, Memphis Police Department, Shelby County Sheriff’s Office, and Shelby County District Attorney’s Office.
Since October 2017, the U.S. Attorney’s Office has increased the number of federal firearms cases filed by over 58 percent, and the number of defendants charged with firearms offenses has increased over 68 percent.
These efforts provide targeted prosecution of the worst-of-the-worst offenders in order to enhance public safety in Memphis and West Tennessee by removing guns from the hands of dangerous people and removing violent offenders from our communities. We are imposing real consequences for criminal behavior, and it shows.
Our enhanced PSN Task Force also utilizes the full range of available data, methods, and advances in technology to identify the locations with significant violent crime issues (hot spots) and the offenders that are driving violent crime there ("trigger-pullers and traffickers").
On Sep. 24, the DOJ awarded over $1.1 million in grant funding to Memphis to hire personnel to utilize the National Integrated Ballistic Information Network (NIBIN), to purchase technology required to operate a Crime Gun Intelligence Center (CGIC) and ammunition for ballistic tests of recovered weapons, and to provide for enhanced Justice information sharing technology for the collection, storage, sharing and analysis of criminal justice data. We are getting smarter about firearms investigations, and it shows.
While we have dramatically increased our output (number of prosecutions), we know that focus is only meaningful if it results in better outcomes -- reduction in violent crime rates. I am happy to report that, as expected and proven in the past, more firearms prosecutions actually works to lower violent crime rates.
In the first three quarters of 2018, Memphis and unincorporated parts of Shelby County reported 3,659 gun crimes, which represents a 17.3 percent decrease from the same period in 2017, when 4,422 such crimes were reported.
The reduction in reported crimes with guns is consistent with the reduction in reported violent crimes.
During the first nine months of this year, reported violent crimes in Memphis were down in the major categories of murders (down 17.6%), robberies (down 12.4%), rapes (down 18.2%), and domestic violence incidents (down 11.1). Even aggravated assaults remained flat, with only a slight increase of 1.9%. We are achieving better public safety results, and it shows.
Under PSN, we have also stepped up our prevention of additional violence by engaging in increased and consistent public awareness efforts. With the "Fed Up" campaign that communicates that Gun Crime is Max Time, we are warning people of real consequences. With our adult and juvenile Ceasefire program, we are educating young people in our communities to make wise future choices.
Partnering with the ATF, the "Don’t Lie for the Other Guy" campaign seeks to prevent straw purchases of firearms for felons. And with our increased media releases, the U.S. Attorney’s Office is telling the public about federal indictments, convictions, and sentences that create general and specific deterrence. We are sending a strong message, and it shows.
These sustained decreases in reported gun crimes and major violent gun crime categories are encouraging, and shows that our return to proven enforcement policies under PSN is working. Putting the right people in prison incapacitates the most violent offenders, upholds the rule of law, deters criminal conduct with a strong message of significant consequences, and makes us all safer. We are on the right track, and it shows.
D. Michael Dunavant is United States Attorney for the Western District of Tennessee.
U.S. Attorney Appoints District Election Officer to Lead District's Election Day ProgramRead the Press Release
LAS VEGAS, Nev. – United States Attorney Dayle Elieson announced today that Assistant United States Attorney (AUSA) Allison Reese has been appointed to serve as the District Election Officer (DEO) for the District of Nevada, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington. As DEO, AUSA Reese will lead the District’s efforts in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general elections.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
“Few things are more important than a citizen’s right to cast a ballot on Election Day without fear of interference or discrimination. Nevadans can be confident that the U.S. Attorney’s Office will work to protect the integrity of the election process,” said U.S. Attorney Elieson.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to make their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Elieson stated that AUSA/DEO Reese will be working hand-in-hand with the FBI in this District while the polls are open. If there are complaints or concerns about Election Day, the public should contact the FBI who will have special agents in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The FBI Las Vegas field office can be reached at (702) 385-1281 or at TIPS.FBI.GOV.
United States Attorney Elieson said, “Ensuring free and fair elections depends in part on the electorate’s cooperation. Those who have information about discrimination or election fraud should immediately contact the U.S. Attorney’s Office or the FBI.”
Complaints about possible violations of the federal voting rights laws can also be made to the Civil Rights Division’s Voting Section in Washington, DC, by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
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Two Bloomington, Ill., Men Arrested, Charged with Conspiring to Distribute Crack CocaineRead the Press Release
PEORIA, Ill. – Raymone Stephens and Khalil Rhasad Hood, both of Bloomington, Ill., have been arrested and charged by criminal complaint with conspiring to distribute crack cocaine in the Bloomington area. Stephens, 30, of the 1100 block of Ekstam Dr., and Hood, 23, of the 700 block of Fairmont Dr., were arrested on Nov. 2, 2018, and made their initial appearance in federal court before U.S. Magistrate Judge Jonathan E. Hawley.
Judge Hawley today ordered Stephens to remain detained in the custody of the U.S. Marshals Service. A detention hearing is scheduled on Nov. 8, for Hood. A preliminary hearing for both is scheduled on Nov. 16.
The complaint charges the men with conspiracy to manufacture and distribute more than 28 grams of crack cocaine. If convicted, the offense carries a statutory penalty of five years to 40 years in prison; if a defendant has one or more prior felony drug convictions, the penalty is 10 years to life in prison.
The charges are the result of an ongoing investigation by the Bloomington Police Department’s Vice Unit and the Drug Enforcement Administration. The Illinois State Police Tactical Response team, the U.S. Marshals Task Force, and the Bloomington Police Department’s Special Weapons and Tactics team assisted in the arrests and execution of related search warrants.
Assistant U.S. Attorney Adam W. Ghrist is representing the government in the prosecution in federal court in conjunction with the McLean County State’s Attorney’s Office.
Members of the public are reminded that a complaint is merely an accusation; each defendant is presumed innocent unless proven guilty.
Topeka Man Sentenced in Pizza Parlor Drug RingRead the Press Release
TOPEKA, KAN. – A Topeka man was sentenced Monday to seven years in federal prison for his role in a methamphetamine trafficking organization that operated out of a pizza parlor, U.S. Attorney Stephen McAllister said.
Michael Price, 43, Topeka, Kan., pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine. In his plea, he admitted he was part of a drug trafficking ring headed by co-defendant Adolfo Barragan-Rodriguez, who ran the operation from a Pronto Pizza restaurant he owned in Topeka.
In his plea, Price admitted he bought methamphetamine from co-defendant Michelle Belair and then sold it. He also assisted Belair and Barragan-Rodriguez with distributing methamphetamine.
Barragan-Rodriguez and Belair already were sentenced. He was sentenced to 180 months and she was sentenced to 156 months.
McAllister commended the Drug Enforcement Administration, the Topeka Police Department and Assistant U.S. Attorney Skip Jacobs for their work on the case.
Three Florida Men Plead Guilty in Connection with Multi Million Dollar Fraud Scheme Against the Xerox CorporationRead 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 David Haynes, Kyle Haynes, and Bryan Day, all of Florida, pleaded guilty before U.S. District Judge Elizabeth A. Wolford involving a scheme to defraud the Xerox Corporation of more than $20,000,000. Kyle Haynes and Bryan Day pleaded guilty to conspiracy to commit wire fraud and filing a false tax return. David Haynes pleaded guilty to filing a false tax return. The conspiracy charge carries a maximum penalty of 20 years in prison and a $250,000 fine, while the tax charge carries a maximum of penalty of three years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that the defendants reside near Daytona Beach, Florida. Another co-conspirator Robert Fisher, owns RBM Imaging, an authorized reseller of Xerox office equipment. The three Florida defendants own Haynes Brother Furniture in Daytona, along with another co-defendant Jason Haynes.
Xerox, which has a location in Webster, NY, sells and leases office equipment, including printers. Xerox sells or leases the office equipment directly to end-user customers or to authorized resellers, like Fisher, who then resell or lease the office equipment to end-user customers, like the defendants. The office equipment requires toner and other products to operate. End-user customers order the toner for their printers from Xerox. Rather than pay Xerox upfront for the toner, the end-user customers pay Xerox based on the number of prints made with the toner. However, at all times, the toner belongs to Xerox until consumed by the end-user customers. At no time may the end-user customers sell the toner.
Kyle Haynes and Bryan Day set up a sham company, HDH Graphics, to obtain approximately 63 Xerox printers from Fisher. Although HDH Graphics made few, if any, prints with the printers, the defendants fraudulently represented to Xerox that HDH Graphics was making prints, using much more toner than the industry average, which deceived Xerox into shipping approximately $25,000,000 worth of toner to HDH Graphics. The defendants then sold the fraudulently obtained toner for approximately $11,000,000 to an individual in Miami, Florida. Kyle Haynes, Bryan Day, and Fisher shared the profits from the fraudulent sale of the Xerox toner.
In executing the scheme, the defendants repeatedly misrepresented to Xerox that they were making millions of prints with the toner, even though they never took most of the printers out of their boxes. The defendants provided Xerox with false usage profiles from the printers and false print samples that made it appear that the defendants were making the millions of prints and using much more toner than the industry average for each print.
The defendants also filed false personal income tax returns with the Internal Revenue Service for the years 2008 through 2013. Their personal tax returns failed to report net income earned by HDH Graphics from the fraudulent sale of the Xerox toner. Because HDH Graphics was a partnership, all of its net income flowed through to the defendant’s personal tax returns. Therefore, the underreporting of the net income on HDH Graphics tax returns resulted in the underreporting of the income on the defendant’s personal tax returns.
The defendants underreported the net income earned by HDH Graphics by falsely claiming that they had personally paid and incurred travel and shipping expenses on behalf of HDH Graphics. The defendants then had HDH Graphics reimburse them for the falsely claimed expenses and falsely reported such expenses as deductions on HDH Graphics tax returns. The falsely reported deductions on HDH Graphics tax returns were approximately $265,154. As a result, approximately $66,288.50, should have flowed through as income to the defendant’s personal tax returns.
As part of their plea agreement, the defendants will forfeit millions of dollars in funds and assets that were previously seized by the government.
“It’s often said that money is the root of all evil, and in this case, it was certainly the root of the defendants’ criminal behavior,” said U.S. Attorney Kennedy. “These defendants worked, plotted, and schemed to steal millions of dollars from a business that has been a solid corporate citizen in our community. When individuals like these seek to enrich themselves by stealing from a business, both the business and consumers end up paying the price—through lower profits and higher costs.”
“Financial fraud schemes like this not only rob the government of vital revenues, they also penalize businesses who typically pass on losses to the consumer in the forms of higher prices, which is why we must hold the operators of these schemes accountable,” said Kevin Kelly, Special Agent-in-Charge of HSI Buffalo. “HSI special agents dedicated to uncovering financial fraud will continue to aggressively investigate those who seek to blatantly disregard the law for their own financial gain.”
Charges remain pending against Robert Fisher and Jason Haynes. 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.
The pleas are the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Kevin Kelly, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James Robnett, Special Agent-in-Charge, New York Field Office.
Sentencing is scheduled for March 13, 2019, a 2:00 p.m. before Judge Wolford.
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Taos Man Sentenced to Five Years for Federal Armed Bank Robbery ConvictionRead the Press Release
ALBUQUERQUE – Joaquin Romero, 30, of Taos, N.M., was sentenced today in federal court in Albuquerque, N.M., to 60 months in prison for his conviction on an armed bank robbery charge. Romero will be on supervised release for three years after completing his prison sentence.
Romero was arrested on Jan. 13, 2016, on a criminal complaint charging him with robbing the People’s Bank located inside a supermarket at 710 Paseo del Pueblo Sur, in Taos on Jan. 10, 2016.
Romero was subsequently charged in a three-count indictment on Jan. 27, 2016, with armed bank robbery, brandishing and using a firearm during and in relation to a crime of violence, and being a felon in possession of a firearm and ammunition. According to the indictment, Romero committed the crimes on Jan. 10, 2016, in Taos County, N.M. Romero was prohibited from possessing firearm or ammunition on Jan. 10, 2016, because of his prior felony conviction for aggravated assault with a deadly weapon.
During today’s proceedings, Romero pled guilty to armed bank robbery. In entering the guilty plea, Romero admitted that on Jan. 10, 2016, he robbed the People’s Bank branch with a working shotgun by walking up to a bank teller’s window, “racking” his gun twice to make clear that he was robbing the bank through violence, shoved a bank customer aside, grabbed money from the bank teller’s counter and left the bank with money and the shotgun.
Romero remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI, the Taos Police Department and the Taos County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Tampa Man Pleads Guilty to Robbing Seminole Hard Rock CasinoRead the Press Release
Tampa, Florida – Dirk Lawrence Davis (25, Tampa) has pleaded guilty to robbery and to brandishing a firearm in furtherance of a crime of violence. He faces a minimum mandatory penalty of 7 years, and up to life, in federal prison. His sentencing hearing has been set for February 6, 2019.
According to court documents, on February 2, 2018, Davis entered the poker room of the Seminole Hard Rock Casino in Tampa. He walked up to the teller window, brandished a firearm, and stated, “I don’t want to cause a scene. Give me hundreds.” The teller complied, giving Davis $20,000 in cash. Davis fled the casino on foot. Surveillance cameras captured the robbery. Multiple friends and family members of Davis identified him to law enforcement after seeing the surveillance footage on the news.
This case was investigated by the FBI and the Seminole Police Department. It is being prosecuted by Assistant United States Attorney Michael M. Gordon.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
TSA Employee Sentenced to 15 years in Prison for Attempted Production of Child Pornography and Enticement of a MinorRead the Press Release
Gary Linder, Jr., a TSA employee, was sentenced in federal court on Friday to fifteen years in prison for enticing a minor to engage in illicit sexual activity and attempting to produce child pornography.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, Thomas J. Jones, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and W. Howard Harrison, Chief, Plantation Police Department, made the announcement.
Gary Linder, Jr., 27, of Fort Lauderdale, was charged with attempted production of child pornography and enticing a minor to engage in sexual activity in violation of, Title 18, United States Code, Sections 2251(a) and 2422(b). Linder pled guilty to both charges on July 26, 2018. U.S. District Judge Beth Bloom sentenced Linder to fifteen years’ imprisonment, followed by fifteen years of supervised release.
According to court records, in February 2018, Linder initially began communicating with an eleven-year old female child via text message. The child’s telephone was turned over to law enforcement. Over the course of the next several months, Linder discussed sexually explicit content with the individual he believed to be the minor child via text message. On several occasions, Linder requested nude photos of the minor child engaged in sex acts.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI, including the FBI Miami Child Exploitation Task Force, and the Plantation Police Department. U.S. Attorney Fajardo Orshan also thanked the Coral Springs Police Department and Miramar Police Department for their assistance. This case is being prosecuted by Assistant U.S. Attorney Jodi L. Anton.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Syracuse Man Sentenced for Attempting to Have Sex with A MinorRead 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 Charlie P. Conant, 27, of Syracuse, NY, who was convicted of attempted online enticement of a minor, was sentenced to serve 10 years in prison and 25 years of supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that on February 27, 2018, an undercover New York State Police Investigator (UC) discovered a personal ad traced to the defendant on a Syracuse, NY, website that appeared to be targeting minors for sex. Posing as a 12-year-old female, the UC began communicating with Conant who asked for pictures. Communication between the UC and Conant continued via text message, as the defendant also asked for more pictures including naked photos.
On May 15, 2018, the defendant sent text messages to the UC indicating that he wanted to meet with the child in Seneca Falls, NY, for the purpose of having sex. On June 14, 2018, the defendant traveled to Seneca Falls to meet the UC while “the minor’s” grandmother was supposedly at work. After Conant arrived, he was arrested.
Today’s sentencing is the result of an investigation by the New York State Police, under the direction of Major Eric Laughton, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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Sonoma County Resident Sentenced to 30 Months in Prison for Passport Fraud and Identity TheftRead the Press Release
SAN FRANCISCO – Ronald Victor Solakian was sentenced to 30 months in prison for making a false statement on a passport application and aggravated identity theft, announced United States Attorney Alex G. Tse and Special Agent in Charge Matthew Perlman of the U.S. State Department’s Diplomatic Security Service (DSS) San Francisco Field Office. The sentence was handed down by the Honorable Susan Illston, United States District Judge.
Solakian, 70, pleaded guilty to the charges on August 17, 2018. According to the plea agreement, Solakian admitted that on March 23, 1995, and in August of 2004, and on September 25, 2017, he applied for a United States passport using the name and date of birth of another person. Solakian admitted he used this method of applying for a passport because he did not want his true identity to be known. According to court filings, on September 23, 1994, Solakian was charged in the Central District of California with conspiracy to import marijuana and possession with intent to distribute marijuana. He failed to appear for a jury trial in that case and, according to his filings, “has lived in the Sonoma County area for the past 20 years prior to being arrested.”
On February 15, 2018, a federal grand jury indicted defendant (as John Doe), charging him with two counts of making a false statement in a passport application, in violation of 18 U.S.C. § 1542, and two counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A. On February 16, 2018, DSS agents arrested Solakian and his true identity as a federal fugitive from the Central District of California (CDCA) was discovered. Pursuant to his plea agreement, Solakian pleaded guilty to one count each of making a false statement and identity theft. The charges against him in the CDCA were dismissed on August 2, 2018.
In addition to the prison term, on Friday, November 2, 2018, Judge Illston ordered the defendant to serve a year of supervised release and to pay a fine of $5,000. Defendant has been in custody since his arrest and will begin serving the sentence immediately.
Assistant United States Attorney Neal C. Hong is prosecuting the case with the assistance of Kimberly Richardson. The prosecution is the result of an investigation by the DSS.
Serial Check Thief Pleads Guilty to Bank Fraud and Identity Theft ChargesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that EDWARD WILLIAMS, 58, of Hartford, pleaded guilty today before U.S. District Judge Victor A. Bolden in Bridgeport to bank fraud and identity theft offenses stemming from a mail theft and check cashing scheme.
According to court documents and statements made in court, Williams stole checks in a variety of ways and altered or filled out the checks to make them payable to him, his co-conspirators, or stolen identities that he has used.
The victims of this scheme include a Windsor resident who had written a check payable to American Express, mailed the check with his American Express bill, and later discovered that the check had been altered and cashed for $985.30; a West Hartford couple who had left a holiday card containing a $15 check for their newspaper delivery person outside of their mailbox, and later discovered it had been altered and cashed for $870; a West Hartford resident who learned that she had a box of checks she ordered stolen after Williams attempted to cash one of the checks for $400; and an individual who had personal checks stolen from a book he kept at his business, and was subsequently informed that Williams had deposited four of the checks totaling more than $5,000 into a bank account Williams had opened.
In total, between August 2016 and June 2017, Williams, or his co-conspirators, successfully cashed $33,756.07 in fraudulently obtained checks. He, or others working with him, also attempted to cash $16,068.96 in fraudulently obtained checks.
Williams pleaded guilty to one count of bank fraud, an offense that carries a maximum term of imprisonment of 30 years, and one count of aggravated identity theft, and offense that carries a mandatory consecutive term of imprisonment of two years. A sentencing date is not scheduled
Williams has been detained since his arrest on October 18, 2017.
Williams’ criminal history includes numerous convictions, including convictions for forgery, larceny and burglary offenses.
This matter is being investigated by the U.S. Postal Inspection Service, with the assistance of several police departments. The case is being prosecuted by Assistant U.S. Attorneys Sarala V. Nagala and Elena L. Coronado.
Rochester Woman Pleads Guilty to Assisting in Fentanyl TransactionRead the Press Release
CONCORD - Tasha Loaiza, 25, of Rochester, pleaded guilty in federal court to aiding and abetting the distribution of fentanyl, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on April 17, 2018, Loaiza met with a cooperating individual, and directed the individual to an address in Manchester, New Hampshire. There, Loaiza introduced the cooperating individual to a third person, from whom the individual bought a quantity of fentanyl.
Loaiza is scheduled to be sentenced on February 13, 2019.
“Fentanyl trafficking is a complex criminal activity that often involves many individuals,” said U.S. Attorney Murray. “Those who participate in the distribution of this deadly drug will be held accountable for their conduct. In order to maintain public safety and the quality of life in New Hampshire, we will work with our law enforcement partners to identify and prosecute those who are responsible for selling fentanyl and other deadly opioids.”
“This case shows the seriousness the FBI places on the upward trend of opioid addiction here in New Hampshire. We will continue to work with our law enforcement partners to identify, investigate, and arrest those responsible for illegally distributing synthetic opioids in our neighborhoods at the expense of the law-abiding people who live in them,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division.
This matter was investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Anna Dronzek.
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Red River Army Depot Contractor Guilty of Assaulting Police OfficerRead the Press Release
TEXARKANA, Texas – A 32-year-old Red River Army Depot contractor has pleaded guilty to assaulting a Red River Army Depot Police Officer in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Dontrell McChester, of Hooks, Texas, pleaded guilty to assault on a federal officer today before U.S. Magistrate Judge Caroline M. Craven.
According to information presented in court, on Sep. 11, 2018, McChester attempted to enter the Red River Army Depot in his vehicle when Red River Army Depot Police Officers at the main gate smelled the odor of marijuana coming from his vehicle. Officers directed McChester to exit the vehicle for further inspection. While officers were conducting that inspection, McChester ran from officers, re-entered the vehicle, and attempted to drive away. McChester began kicking an officer, who was struggling with him to stop the vehicle. While attempting to flee, McChester drove the vehicle in a manner that could have easily killed or seriously injured the officers at the scene. Officers were finally able to restrain McChester by using pepper spray. The assaulted officer received injuries and was also pepper sprayed during the altercation.
Under federal statutes, McChester faces up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Red River Army Depot Police Department and was prosecuted by Assistant U.S. Attorneys Jonathan R. Hornok and Allen Hurst and Special Assistant U.S. Attorney Ivor Jorgensen.
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Project Charleston: Investigation into Drug Trafficking on Charleston's West Side Nets Several Arrests and Seizure of Large Quantities of Fentanyl, Heroin and MethamphetamineRead the Press Release
Charleston and Akron Drug Network Shut Down
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced several arrests today of drug traffickers operating between Charleston, West Virginia, and Akron, Ohio. The multi-state Drug Trafficking Organization (DTO) is responsible for distributing large quantities of fentanyl, heroin and methamphetamine. Joining United States Attorney Stuart in the announcement were Drug Enforcement Administration (DEA) Assistant Special Agent in Charge (ASAC) David Gourley, Homeland Security Investigations (HSI) Resident Agent in Charge Matthew Perry, Charleston Police Chief Steve Cooper, Kanawha County Sheriff Mike Rutherford and Chief Deputy Sheriff Greg Young, Supervisory Deputy United States Marshal Chris Leachman, as well as representatives from the Metropolitan Drug Enforcement Network Team (MDENT).
Today’s arrests are the result of a long-term investigation led by DEA and MDENT into Eugene Wells, a poly-drug distributor from Akron, Ohio, and other members of his drug trafficking organization located in Charleston. Multiple individuals have been charged in federal criminal complaints. During the course of the investigation, investigators made controlled purchases of methamphetamine and heroin from the Wells DTO and identified a drug stash house on Charleston’s west side.
On September 28, 2018 DEA agents and MDENT officers executed a search warrant on Miranda Brandon’s residence on Charleston’s West Side, leading to the arrest of Wells, Brandon and Sherry Gray. The search of Brandon’s residence resulted in the seizure of over 600 grams of suspected fentanyl, approximately 1,400 grams of heroin and over 700 grams of methamphetamine. Brandon, Gray, and Wells were each present at Brandon’s residence when the warrant officers executed the warrant. Each has a prior felony conviction, and each is therefore prohibited from possessing any firearm. Police, however, recovered four guns from Brandon’s residence. Agents with DEA’s Cleveland District Office also executed a warrant on Wells’ Akron residence on September 28, recovering over 400 grams of heroin and four firearms. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) provided assistance during the investigation.
“287,000 people. 287,000,” said United States Attorney Mike Stuart. “If the fentanyl in this case had hit the streets, it could have been a disaster. I grew up with the three “R’s” – reading, writing and the road map to Akron. Now it’s time for reading, writing and the roadmap back to Akron. For Eugene Wells and his trafficking buddies, Akron is no longer an option. If convicted their roadmap heads directly to the federal pen. I want to thank all of my federal, state and local partners who participated in today’s actions including the excellent investigative work of the DEA and MDENT. I also want to thank my prosecution team led by Assistant United States Attorneys Matt Davis, Drew Inman and John Frail.”
The arrests and seizures relating to the investigation are as follows:
- Multiple individuals have been charged by criminal complaint in the Southern District of West Virginia with possession with intent to distribute controlled substances, including fentanyl, heroin and methamphetamine;
- Over 600 grams of suspected Fentanyl were seized;
- Approximately 1400 grams of heroin were seized;
- Over 700 grams of methamphetamine was seized;
- Over $12,000 in United States Currency was seized; and
- 8 guns were seized.
“When I announced Project Charleston a little more than a month ago, I promised swift and certain action on Charleston’s West Side,” said United States Attorney Mike Stuart. Promise made. Promise kept. I intend to continue to focus federal resources on ridding the West Side of criminal elements, violent crime, drug thugs, and hooligans that cause chaos, fear and despair for law abiding families. The days of lawlessness on the West Side are soon to end. A basic human right is to live safely and peaceably in your home and community. We will maintain a sense of urgency until every violent element is incarcerated or driven out of Charleston. If you are a drug dealer or criminal operating within Charleston’s West Side and we did not arrest you today, do not think for a moment that we aren’t aware of you. We have more operations ongoing at this moment than at any time in the history of the West Side. Let me be absolutely clear, if you are dealing drugs or causing trouble on Charleston’s West Side, we will arrest you and, if convicted, incarcerate you as long as possible.”
“The partnership between the Charleston Police Department and the United States Attorney’s Office under Mike Stuart has never been stronger,” said Police Chief Steve Cooper. “Together we are making community in the capital city safer, one block at a time.”
“DEA remains committed to bringing violent drug traffickers to justice,” said DEA Assistant Special in Charge David Gourley.
The investigation is ongoing and could result in additional federal and state charges in the future.
Please Note: The charges contained in the criminal complaints are merely allegations and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
SDWVNews and USAttyStuart
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Philadelphia Felon Charged with Illegally Possessing Meth, Cocaine and a PistolRead the Press Release
JOHNSTOWN, Pa. – A Pennsylvania man was indicted on October 16, 2018, by a federal grand jury in Johnstown, on charges of violating federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
The three-count indictment named John T. Terry, 43, of Philadelphia, Pa.
According to the indictment presented to the court, on April 4, 2018, Terry possessed with the intent to distribute more than 500 grams of methamphetamine and cocaine. Also, on April 4, 2018, he was found in possession of a loaded Smith & Wesson M&P Shield .40 caliber semi-automatic pistol. On June. 2, 1998, Terry was convicted in United States District Court for the Eastern District of Pennsylvania of interference with interstate commerce by robbery, which is a crime punishable by imprisonment for a term exceeding one year. Federal law prohibits persons who have been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing firearms. Terry is also charged with possessing that same firearm in furtherance of a drug trafficking crime.
The law provides for a maximum sentence of life in prison and a fine of $10,500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.
Special Assistant United States Attorney Arnold Bernard, Jr. is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Pennsylvania State Police, Somerset Turnpike Barracks, conducted the investigation that led to the prosecution of Terry.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Patient Recruiter Convicted in $1.1 Million Kickback SchemeRead the Press Release
On Friday, Nov. 2, a federal jury found a patient recruiter guilty for her role in a scheme involving approximately $1.1 million in fraudulent Medicare claims for home health care that were procured through the payment of kickbacks.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Matthew Schneider of the Eastern District of Michigan, Special Agent in Charge Timothy Slater of the FBI’s Detroit Division, Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Chicago Regional Office, and Special Agent in Charge Manny Muriel of the IRS Criminal Investigation (IRS-CI) Detroit Office, made the announcement.
Sophia Eggleston, 56, of Detroit, Michigan, was convicted of one count of conspiracy to receive health care kickbacks and two counts of receipt of health care kickbacks following a three-day trial. Sentencing has been scheduled for Feb. 6, 2019 before U.S. District Judge Bernard Friedman of the Eastern District of Michigan, who presided over the trial.
According to evidence presented at trial, from 2009 to 2012, Eggleston and her co-conspirators engaged in an illegal kickback scheme to defraud Medicare of approximately $1.1 million through fraudulent home health claims. The evidence showed that Eggleston solicited and received kickbacks in exchange for referring Medicare beneficiaries to serve as patients at a home health agency owned by her co-conspirators. Eggleston’s co-conspirators then submitted claims to Medicare for home health services that were purportedly provided to those beneficiaries.
The FBI, HHS-OIG and IRS-CI investigated the case. Trial Attorneys Stephen Cincotta and Howard Locker of the Criminal Division’s Fraud Section are prosecuting the case.
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. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.
Palm Beach County Resident Pleads Guilty to Possessing Fentanyl and Crack Cocaine with Intent to Distribute and Being a Felon in Possession of a FirearmRead the Press Release
Lucius Brown III, 35, of Riveria Beach, pled guilty today to possessing fentanyl and crack cocaine with the intent to distribute and being a felon in possession of a firearm.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division and Ric Bradshaw, Sheriff, Palm Beach County Sheriff’s Office (PBSO), made the announcement.
According to the court docket, including the agreed upon factual proffer, on June 8, 2018, PBSO deputies conducted a traffic stop in Lake Worth, Florida. Law enforcement smelled the odor of marijuana and found Brown to be in possession of narcotics. During arrest processing, deputies learned that Brown may have left his one-month old baby alone in a hotel room. Based on their concerns for the safety of the child, law enforcement went to the hotel and entered Brown’s hotel room. Inside the hotel room, they found cocaine and marijuana in plain-view on a desk and Brown’s baby lying face down on the bed. Subsequently, a search warrant was executed in the hotel room and other items, including fentanyl and materials for drug distribution, were discovered. Additionally, located in the desk near the sleeping baby was Brown’s semi-automatic pistol, containing six rounds of ammunition. A hollow-point round was in the chamber of the firearm.
Brown had previously been convicted of several felony offenses and was prohibited from possessing a firearm and ammunition.
Brown is scheduled to be sentenced to by U.S. District Court Chief Judge Robin L. Rosenberg on January 31, 2019 at 10 a.m. He faces a statutory maximum term of imprisonment of twenty years for the narcotics conviction. Because Brown qualifies as an armed career criminal, he faces a mandatory minimum term of fifteen years in prison for being a felon in possession. These sentences can be imposed consecutively.
This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute members of drug trafficking, weapons trafficking and money laundering organizations and enterprises. This case is part of OCDETF’s strategic initiative to combat heroin and opioid related addiction and drug trafficking and results from the collective enforcement efforts of Operation Strike Out and Operation White Dragon.
U.S. Attorney Fajardo Orshan commended the investigatory efforts of the DEA and PBSO in this matter. This case was prosecuted by Assistant U.S. Attorney Alexandra Chase.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Opa-Locka Resident Sentenced to 63 Months in Prison for Possession of an Unregistered FirearmRead the Press Release
An Opa-Locka resident was sentenced yesterday to 63 months in federal prison, after having been convicted at trial of possession of an unregistered firearm.
Ariana Fajardo Orshan, United States Attorney for the Southern District of Florida, Ari C. Shapira, Special Agent in Charge, United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, and Daniel Giustino, Chief, Pembroke Pines Police Department, made the announcement.
On February 9, 2017, Adrian Tremayne Wilson, 39, of Opa-Locka, was convicted at trial by a federal jury of possession of an unregistered firearm, commonly referred to as a sawed-off shotgun, in violation of Title 26, United States Code, Sections 5861(d) and 5871. Yesterday, United States District Judge William J. Zloch sentenced Wilson to 63 months in prison followed by 3 years of supervised release.
According to court records, including evidence presented during the defendant’s trial, on June 12, 2016, an officer of the Pembroke Pines Police Department approached Wilson inside a Speedway gas station and convenience store intending to issue traffic citations to him. Before Wilson pulled into the gas station, he had been observed speeding and committing other traffic infractions. When the officer asked Wilson for his driver’s license, Wilson began cursing at the officer, calling him a racist, claiming he was being harassed, and he refused to provide his driver’s license, which at the time he had in his pocket.
The officer told Wilson that if he refused to produce his driver’s license, he would be arrested. Wilson replied, “Then arrest me.” After Wilson was arrested, the officer impounded his vehicle. During a routine inventory of the contents of Wilson’s vehicle, the officer discovered a firearm located next to the driver’s seat. The firearm was loaded with four 12 gauge shotgun shells, one of which was in the firing chamber. The firearm was not registered to Wilson in the National Firearms Registration and Transfer Record as required by law.
This case stems from Project Safe Neighborhoods (PSN), a program that brings 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.
U.S. Attorney Fajardo Orshan commended the investigative efforts of ATF and the Pembroke Pines Police Department. This case was prosecuted by Assistant U.S. Attorney William T. Shockley.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Nurse sentenced for taking fentanyl for personal useRead the Press Release
BILLINGS – The U.S. Attorney’s office announced today that on Nov. 2, Donald Friedlich Mills, III, a nurse who admitted stealing fentanyl, a highly addictive and dangerous synthetic opioid pain reliever, for his own use, was sentenced to a five-year term of probation with six months in home confinement.
U.S. District Judge Susan Watters presided at the hearing.
Mills, 33, of Billings, pleaded guilty on May 22 to tampering with consumer products and to acquiring fentanyl by misrepresentation, fraud, forgery and deception. There was no plea agreement.
The investigation began on March 21, 2017, when the Billings Clinic, where Mills worked, notified the federal Drug Enforcement Administration that it had lost 200 mL of fentanyl from employee pilferage. In a recorded interview with DEA on March 28, 2017, Mills, after being advised of his rights, said he had neck pain and anxiety and thought he could self-medicate through injections.
Mill told law enforcement officers he started taking fentanyl and replacing it with saline beginning in February 2017 and ending on March 13, 2017, when he was confronted about discrepancies.
Mills further told officers that he would divert fentanyl most times that he worked, remove the fentanyl from the vials and replace it with saline. He said that if the case was his, he made sure the patients got a full vial along with whatever he had switched.
DEA took into evidence suspected tampered vials of fentanyl, syringes and vials labeled as saline. The evidence included 22 packages of fentanyl suspected of having been tampered. A DEA lab tested 15 of the packages and found that no fentanyl remained inside them.
In a sentencing memo, Assistant U.S. Attorney Tom Godfrey said Mills could have taken the fentanyl without replacing it with saline but that would have led to the tampering being discovered sooner. “The defendant chose to be deceptive and replace the fentanyl with saline water in order to continue to have access to the drug, knowing the risk it would pose to patients,” Godfrey said.
AUSA Godfrey prosecuted the case, which was investigated by the DEA.
U.S. Attorney Kurt Alme said, “This is a serious crime. By replacing fentanyl with saline, Mills put patients at risk of not having their severe pain properly treated. In addition, diverting fentanyl from its intended use can have lethal consequences to a community. Thankfully, that did not occur in this case. I want to thank Assistant U.S. Attorney Godfrey, the DEA and the Food and Drug Administration-Office of Criminal Investigations, for their successful investigation and prosecution of the case, after being alerted to the theft of fentanyl by Billings Clinic.”
“Patients deserve to have confidence that they are receiving the proper treatment from those entrusted with providing their medical care,” said Lisa
L. Malinowski, Special Agent in Charge, FDA Office of Criminal Investigations’ Los Angeles Field Office. “We must hold medical personnel accountable when they take advantage of their unique position and tamper with drugs needed by their patients, especially when such tampering causes unnecessary pain and suffering.”
DEA Resident Agent-in-Charge Stacy Zinn-Brittain stated, “DEA is committed to working this type of investigation to keep patients safe during medical procedures. We appreciated Billings Clinic’s cooperation in working with DEA on this investigation.”
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November 6, 2018, ElectionsRead the Press Release
United States Attorney Peter G. Strasser announced today that Assistant United States Attorney (AUSA) Irene Gonzalez will lead the efforts of the United States Attorney’s Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election. AUSA Gonzalez has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Louisiana, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Strasser said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Strasser stated that AUSA/DEO Gonzalez will be on duty in this District while the polls are open. She can be reached by the public at the following telephone numbers: 504-680-3077.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 504-816-3000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Strasser said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
New Milford Man Pleads Guilty to Tax EvasionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Kristina O’Connell, Special Agent in Charge of IRS Criminal Investigation in New England, announced that WILLIAM F. ANDERSON, 50, of New Milford, waived his right to be indicted and pleaded guilty today in New Haven federal court to one count of tax evasion.
According to court documents and statements made in court, Anderson owns several companies, including W.F. Anderson, LLC, a landscaping and excavation business based in Danbury; 1959, LLC; Retaining Wall Solutions; Wil-Rent; and Jacobs Creek Farm, LLC. In pleading guilty, Anderson admitted that he failed to pay more than $1.2 million in federal income taxes for the 2007 through 2014 tax years. Anderson committed multiple acts of evasion including, using business income to purchase cashier’s checks to keep income out of his accounts, conducting structured transactions to avoid the filing of Currency Transaction Reports (“CTRs”), and misrepresenting on a form that was filed with the IRS in May 2015 that he had less than $1,000 in a business checking account when, in fact, he had written checks for tens of thousands of dollars shortly before the submission of that form to conceal those assets from the IRS.
Federal law requires all financial institutions to file a Currency Transaction Report (“CTR”) for currency transactions that exceed $10,000. To evade the filing of a CTR, individuals will often structure their currency transactions so that no single transaction exceeds $10,000. Structuring involves the repeated depositing or withdrawal of amounts of cash less than the $10,000 limit, or the splitting of a cash transaction that exceeds $10,000 into smaller cash transactions in an effort to avoid the reporting requirements.
Anderson is scheduled to be sentenced by U.S. District Judge Stefan R. Underhill in Bridgeport on January 28, 2019, at which time he faces a maximum term of imprisonment of five years. Anderson also has agreed to cooperate with the IRS to pay all outstanding taxes, interest and penalties.
This matter is being investigated by the Internal Revenue Service, Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney David T. Huang.
Navajo Man from Albuquerque Pleads Guilty to Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Erick McDonald, 27, an enrolled member of the Navajo Nation who resides in Albuquerque, N.M., pled guilty today in federal court to violating the Sex Offender Registration and Notification Act (SORNA).
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
McDonald was charged by indictment on Aug. 28, 2018, with violating SORNA by failing to update his sex offender registration from Oct. 30, 2017 through April 21, 2018, in Bernalillo County, N.M.
During today’s proceedings, McDonald pled guilty to the indictment without the benefit of a plea agreement. In its proffer of evidence, the United States indicated that McDonald is required to register under SORNA because of his conviction on July 17, 2013, for two counts of abusive sexual contact. At sentencing, McDonald faces a maximum penalty of ten years in federal prison. He will be required to register as a sex offender when he completes his prison sentence pursuant to his previous conviction. McDonald remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Navajo Man Pleads Guilty to Federal Child Abuse ChargeRead the Press Release
ALBUQUERQUE – Theisman Tsosie, 26, an enrolled member of the Navajo Nation who resides in Pueblo Pintado, N.M., pled guilty today in federal court in Albuquerque, N.M., to a child abuse charge. Under the terms of his plea agreement, Tsosie will be sentenced to 60 months in federal prison followed by a term of supervised release to be determined by the court.
Tsosie was arrested on Feb. 23, 2018, and charged in a federal criminal complaint with slapping and kicking a six-year-old Navajo child requiring that the victim be sent to the hospital. According to court documents, the victim suffered multiple injuries including: a complex occipital skull fracture, bruising on the face, abrasion on the left hip, bruise on the inner thigh, scab on the scalp, bruise on the left ear, linear bruise with quality of an overlying abrasion on the right cheek and jaw, scab on the chin, bruise on the right cheek, injured lip with bruising, bruise under the left nostril, bruise under the nasal bridge, bruise with abrasion under the left eye, bruise with abrasion on the left forehead and left eyebrow area, and a large left posterior flank contusion.
Tsosie was subsequently indicted on March 13, 2018, and charged with abandonment or abuse of a child resulting in great bodily harm. According to the indictment, Tsosie committed the offense on Feb. 21, 2018, on the Navajo Indian Reservation in McKinley County, N.M.
During today’s proceedings, Tsosie pled guilty to an information charging him with assault resulting in substantial bodily injury. In entering the guilty plea, Tsosie admitted that on Feb. 21, 2018, he pushed and hit a child under the age of 16-years, resulting in the victim sustaining a fractured skull and other contusions and abrasions.
Tsosie remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorneys Allison Jaros and Kyle T. Nayback are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Mitzi Bickers arraigned on new bribery charge relating to Mississippi pay-to-play schemeRead the Press Release
ATLANTA - Mitzi Bickers has been charged in a superseding indictment with an additional bribery charge relating to an alleged Jackson, Mississippi pay-to-play scheme. In April 2018, Bickers was charged with 11 other federal offenses, including conspiring to commit bribery, wire fraud, money-laundering, federal obstruction and tax fraud. The federal grand jury investigating this matter returned the superseding indictment on October 22, 2018.
“Bickers allegedly provided flights, limousines, hotel rooms, expensive food and entertainment to Jackson’s mayor and other city officials in an attempt to secure lucrative government contracts,” said U.S. Attorney Byung J. “BJay” Pak. “Her plans eventually unraveled though when she publically bragged that the mayor promised her the contracts and she just needed to ensure the paperwork looked good enough.”
“It is vitally important that government contracts go to the most qualified bidders through a fair and transparent process,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Public corruption is one of the FBI’s top priorities, and along with our partners in law enforcement, we will not tolerate those who try to circumvent proper government procedures.”
“This latest indictment represents a pattern and practice when it comes to Bickers’ political activities of pay-to-play,” said Thomas J. Holloman, Special Agent in Charge, IRS- Criminal Investigation. “We are going to continue our efforts and we will not leave a stone unturned until all those who have engaged in corrupt political practices for personal gain are brought to justice.”
According to U.S. Attorney Pak, the charges, and other information presented in court: In February 2014, the former mayor of the City of Jackson died in office. As a result of the incumbent mayor’s death, the City of Jackson held a Special Mayoral Election in the spring of 2014. In March and April 2014, Bickers assisted a candidate with his campaign for mayor of the City of Jackson. On April 22, 2014, the candidate (“Mayor”) was elected Mayor of the City of Jackson.
Beginning in March 2014, Bickers allegedly hosted parties and paid for food, airline flights, hotels, chauffeured car services, entertainment, fundraisers and campaign services for the Mayor and other City of Jackson officials in an effort to influence and reward these public officials, all in an effort to secure government contracts. Elvin R. Mitchell, Jr. helped to fund many of these activities. Mitchell was convicted in this case of conspiring to bribe City of Atlanta officials and was sentenced to five years in federal prison.
Bickers then allegedly met with the Mayor and other City of Jackson officials to discuss city contracts. In May 2015, as she was preparing to submit a contract proposal, Bickers met with a city official. During this meeting, she allegedly bragged that the Mayor had promised her the city contract and that she simply needed to ensure that her paperwork looked good enough to pass muster. In June 2015, Bickers teamed with another company and ultimately submitted a proposal for work relating to Jackson’s Wastewater Consent Decree Program Management Services Contract.
Mitzi Bickers, 51, of Atlanta, Georgia, was arraigned today before U.S. Magistrate Judge Justin Anand. Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the FBI and Internal Revenue Service Criminal Investigation.
First Assistant U.S. Attorney Kurt R. Erskine; Chief of the Public Integrity and Special Matters Section Jeffrey W. Davis; and Assistant U.S. Attorney Erin Sanders are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Mexican National Residing in Merced County Pleads Guilty to Large Toxic Marijuana Grow in Sequoia National ForestRead the Press Release
FRESNO, Calif. — Maximiliano Farias-Martinez (Farias), 49, a Mexican national residing in Stevinson, pleaded guilty today to conspiring to cultivate marijuana, U.S. Attorney McGregor W. Scott announced.
According to court documents, Farias supervised Jose Manuel Sanchez-Zapien (Sanchez), 38, of Dos Palos, who delivered supplies to growers at a marijuana cultivation site in the Sequoia National Forest. The drop point has been used numerous times in the past to supply marijuana growers in the Slick Rock Creek drainage. Law enforcement officers found over 20,000 marijuana plants at the site.
The cultivation operation caused significant damage to public land. Approximately three acres were stripped of vegetation and the ground was terraced to accommodate the marijuana plants. Large amounts of ammonium nitrate and other fertilizers were found at the site. Insecticide containers were found scattered around the site and trash was scattered throughout the grow site. The cost to clean up the area is $8,665. Farias has agreed to make restitution to the Forest Service in that amount.
Farias is scheduled for sentencing on January 22, 2019, in federal court in Fresno by U.S. District Judge Dale A. Drozd. He faces a minimum statutory penalty of 10 years in prison and a maximum statutory penalty of life in prison, along with a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Earlier this year, Sanchez pleaded guilty to the drug conspiracy and was sentenced to 10 years in prison and ordered to pay restitution to the Forest Service.
This case is the product of an investigation by the U.S. Forest Service with assistance from Homeland Security Investigations, Office of Investigations of Social Security Administration, Drug Enforcement Administration, California Department of Fish and Wildlife, and Merced Area Gang and Narcotics Enforcement Team (MAGNET). Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Media Advisory -- United States Attorney Mike Stuart and Law Enforcement Partners to Hold Press Conference TodayRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart will hold a press conference today, Monday, November 5, at 10:30am, to discuss significant law enforcement actions.
WHO: United States Attorney Mike Stuart, Southern District of West Virginia
Assistant Special Agent in Charge David Gourley, Drug Enforcement Administration (DEA)
Chief Steve Cooper, Charleston Police Department
Chief Deputy Sheriff Greg Young, Kanawha County Sheriff’s Department
Resident Agent in Charge Adam Black, Bureau of Alcohol, Tobacco, Firearms and Explosives
Resident Agent in Charge Matthew Perry, Homeland Security Investigations (HSI)
Supervisory Deputy U.S. Marshal Chris Leachman, United States Marshals Service
Other Law Enforcement Officials
WHAT: Press Conference
WHEN: Monday, November 5, 2018 @ 10:30am
WHERE: U. S. Attorney’s Office
Robert C. Byrd U.S. Courthouse
300 Virginia Street, Room 400
Charleston, WV
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Maysville Man Sentenced to 240 Months for Drug Trafficking that Resulted in Fatal OverdoseRead the Press Release
COVINGTON, Ky. – Iseral Jordan Grayson, 24, of Maysville, Ky., was sentenced today to 240 months in federal prison, by United States District Judge David L. Bunning, for drug distribution that resulted in an overdose death.
Grayson pled guilty in March 2018 and admitted that he conspired with others to distribute controlled substances that caused the death of Jazlyn Dudley. Specifically, Grayson obtained heroin and other drugs in Cincinnati and brought it back to Maysville, Kentucky, to use and distribute on September 29, 2016. He distributed some of the drugs that evening to multiple individuals, including Jazlyn Dudley. The drugs contained heroin and fentanyl and caused Ms. Dudley to suffer a fatal overdose.
Under federal law, Grayson must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for five years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration, jointly made the announcement. The investigation was conducted by the Drug Enforcement Administration. The United States was represented by Assistant United States Attorney Tony Bracke.
MS-13 Member Sentenced to over 20 Years in Prison for Role in 2015 MurderRead the Press Release
BOSTON – An MS-13 member was sentenced today in federal court in Boston on charges of racketeering conspiracy involving murder.
Jose Andrade a/k/a “Inocente,” 27, a Salvadoran national, was sentenced by U.S. District Court Judge F. Denis Saylor IV to 268 months in prison and three years of supervised release. Andrade will also be subject to deportation proceedings upon completion of his sentence. In March 2018, Andrade pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO, and conspiracy to distribute marijuana.
Andrade was a member of the Everett Locos Salvatrucha, or ELS clique, of MS-13. As part of his plea, Andrade admitted that his racketeering activity, on behalf of MS-13, including his involvement in the murder of a teenager who was associated with MS-13 and wrongly suspected by the gang of cooperating with law enforcement. On July 5, 2015, the victim was murdered in Lawrence by Josue de Paz, a/k/a “Gato,” and another MS-13 member. Evidence showed that Andrade was involved in planning the murder and shared the intent to have the victim killed. The evidence also showed that Andrade was part of the original plan to kill the victim, but was unable to participate in the murder because he was arrested in June 2015. The gang then recruited de Paz to commit the murder.
Andrade was also charged with conspiracy to distribute marijuana after evidence revealed that he and other MS-13 members distributed marijuana on behalf of the gang.
On July 8, 2015, de Paz was arrested in Somerville in a raid that resulted in the recovery of a firearm, several large knives, photographs of MS-13 members flashing gang signs, and a large volume of MS-13 paraphernalia, including blue and white hats, bandanas and rosary beads. De Paz pleaded guilty to RICO conspiracy involving murder and is awaiting sentencing.
Andrade was one of 49 defendants convicted as part of this case. All nine defendants who went to trial were convicted and 40 others pleaded guilty. In all, 16 defendants, including de Paz, were found to have committed or knowingly participated in murders.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney John P. Pappas; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Gross; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement today. The U.S. Marshals Service has provided crucial assistance with the case.
KCK Man Who Sold a Pound of Meth a Week Sentenced to 13 Years in Federal PrisonRead the Press Release
KANSAS CITY, KAN. – A Kansas City, Kan., man who admitted selling a pound of methamphetamine a week was sentenced Monday to 13 years in federal prison, U.S. Attorney Stephen McAllister said.
Joseph L. Cornejo, 30, Kansas City, Kan., pleaded guilty to one count of possession with intent to distribute methamphetamine. When investigators served a search warrant at his home in the 5000 block of Parkview, they found methamphetamine, almost $2,000 in cash and nine firearms including handguns and rifles. Cornejo told investigators he had been selling about a pound of methamphetamine a week and sometimes he traded meth for guns.
McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Duston Slinkard for their work on the case.
Justice Department to Monitor Compliance with Federal Voting Rights Laws on Election DayRead the Press Release
The Justice Department today announced its Election Day plans for the Nov. 6, 2018 general election. The Civil Rights Division will monitor compliance with the federal voting rights laws by deploying personnel to 35 jurisdictions in 19 states.
“Voting rights are constitutional rights, and they’re part of what it means to be an American,” Attorney General Jeff Sessions said. “The Department of Justice has been entrusted with an indispensable role in securing these rights for the people of this nation. This year we are using every lawful tool that we have, both civil and criminal, to protect the rights of millions of Americans to cast their vote unimpeded at one of more than 170,000 precincts across America. Citizens of America control this country through their selection of their governmental officials at the ballot box. Likewise, fraud in the voting process will not be tolerated. Fraud also corrupts the integrity of the ballot.”
State and local governments have primary responsibility for administering elections in the United States. The Civil Rights Division is charged with enforcing the federal voting rights laws that protect the rights of all citizens to access the ballot on Election Day. Since the passage of the Voting Rights Act in 1965, the Division has regularly monitored all kinds of elections in the field around the country throughout every year to protect the rights of all voters, and not just in federal general elections. On Nov. 6, the Division again will be monitoring in the field around the country.
On Election Day, the Division staff members will be available all day by telephone to receive complaints from the public related to possible violations of the federal voting rights laws (1-800-253-3931 toll free or 202-307-2767 or TTY 202-305-0082). In addition, individuals may also report complaints by fax to 202-307-3961, by email to [email protected], and by a complaint form on the Department’s website: www.justice.gov/crt/votercomplaint.
Allegations of election fraud are handled by the 94 U.S. Attorneys’ Offices across the country and the Criminal Division’s Public Integrity Section. Complaints may be directed to the local U.S. Attorneys’ Office or local FBI office. A list of U.S. Attorneys’ Offices and their telephone numbers can be found at www.justice.gov/usao/find-your-united-states-attorney. A list of FBI offices and their telephone numbers can be found at www.fbi.gov/contact-us.
Complaints related to disruption at a polling place should always be reported immediately to local election officials (including officials in the polling place). Complaints related to violence, threats of violence or intimidation at a polling place should be reported immediately to local police authorities by calling 911. These complaints should also be reported to the Department after local authorities have been contacted.
On Election Day, the Civil Rights Division plans to deploy personnel to 35 jurisdictions in 19 states to monitor for compliance with the federal voting rights laws:
- Bethel Census Area, Alaska;
- Dillingham Census Area, Alaska;
- Kusilvak Census Area, Alaska;
- Yukon-Koyukuk Census Area, Alaska;
- Apache County, Arizona;
- Cochise County, Arizona;
- Maricopa County, Arizona;
- Navajo County, Arizona;
- Sacramento County, California;
- San Mateo County, California;
- DeSoto County, Florida;
- Palm Beach County, Florida;
- Pinellas County, Florida;
- Fulton County, Georgia;
- Gwinnett County, Georgia;
- Buena Vista County, Iowa;
- Ford County, Kansas;
- Lowell, Massachusetts;
- Malden, Massachusetts;
- Clark County, Nevada;
- Washoe County, Nevada;
- Middlesex County, New Jersey;
- Union County, New Jersey;
- Erie County, New York;
- Benson County, North Dakota;
- Rolette County, North Dakota;
- Texas County, Oklahoma;
- Lehigh County, Pennsylvania;
- Pawtucket, Rhode Island;
- Buffalo County, South Dakota;
- Harris County, Texas;
- Tarrant County, Texas;
- Waller County, Texas;
- San Juan County, Utah; and
- Fairfax County, Virginia.
The Civil Rights Division will gather information on, among other things, whether voters are subject to different voting qualifications or procedures on the basis of race, color or membership in a language minority group; whether jurisdictions are complying with the language minority provisions of the Voting Rights Act; whether jurisdictions permit a voter to receive assistance by a person of his or her choice if the voter has a disability or is unable to read or write; whether jurisdictions provide polling locations and voting systems allowing voters with disabilities to cast a private and independent ballot; whether jurisdictions comply with the voter registration list requirements of the National Voter Registration Act; and whether jurisdictions comply with the provisional ballot requirements of the Help America Vote Act. Division personnel will also maintain contact with local election officials.
The Civil Rights Division’s Voting Section enforces the civil provisions of a wide range of federal statutes that protect the right to vote including the Voting Rights Act, the Uniformed and Overseas Citizens Absentee Voting Act, the National Voter Registration Act, the Help America Vote Act, and the Civil Rights Acts. The Division’s Disability Rights Section enforces the Americans with Disabilities Act to ensure that persons with disabilities have a full and equal opportunity to vote. Information about the Americans with Disabilities Act and about how to file a disability related complaint can be found at www.ada.gov. The Division’s Criminal Section enforces federal criminal statutes that prohibit voter intimidation and voter suppression based on race, color, national origin or religion.
Last week, the Justice Department announced efforts to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation or fraud in the election process. More information about the federal voting rights laws is available on the Civil Rights Division’s website at www.justice.gov/crt/voting-section.
Justice Department to Monitor Compliance with Federal Voting Rights Laws on Election DayRead the Press Release
WASHINGTON – The Justice Department today announced its Election Day plans for the Nov. 6, 2018 general election. The Civil Rights Division will monitor compliance with the federal voting rights laws by deploying personnel to 35 jurisdictions in 19 states.
“Voting rights are constitutional rights, and they’re part of what it means to be an American,” Attorney General Jeff Sessions said. “The Department of Justice has been entrusted with an indispensable role in securing these rights for the people of this nation. This year we are using every lawful tool that we have, both civil and criminal, to protect the rights of millions of Americans to cast their vote unimpeded at one of more than 170,000 precincts across America. Citizens of America control this country through their selection of their governmental officials at the ballot box. Likewise, fraud in the voting process will not be tolerated. Fraud also corrupts the integrity of the ballot.”
State and local governments have primary responsibility for administering elections in the United States. The Civil Rights Division is charged with enforcing the federal voting rights laws that protect the rights of all citizens to access the ballot on Election Day. Since the passage of the Voting Rights Act in 1965, the Division has regularly monitored all kinds of elections in the field around the country throughout every year to protect the rights of all voters, and not just in federal general elections. On Nov. 6, the Division again will be monitoring in the field around the country.
On Election Day, the Division staff members will be available all day by telephone to receive complaints from the public related to possible violations of the federal voting rights laws (1-800-253-3931 toll free or 202-307-2767 or TTY 202-305-0082). In addition, individuals may also report complaints by fax to 202-307-3961, by email to [email protected], and by a complaint form on the Department’s website: www.justice.gov/crt/votercomplaint.
Allegations of election fraud are handled by the 94 U.S. Attorneys’ Offices across the country and the Criminal Division’s Public Integrity Section. Complaints may be directed to the local U.S. Attorneys’ Office or local FBI office. A list of U.S. Attorneys’ Offices and their telephone numbers can be found at www.justice.gov/usao/find-your-united-states-attorney. A list of FBI offices and their telephone numbers can be found at www.fbi.gov/contact-us.
Complaints related to disruption at a polling place should always be reported immediately to local election officials (including officials in the polling place). Complaints related to violence, threats of violence or intimidation at a polling place should be reported immediately to local police authorities by calling 911. These complaints should also be reported to the Department after local authorities have been contacted.
On Election Day, the Civil Rights Division plans to deploy personnel to 35 jurisdictions in 19 states to monitor for compliance with the federal voting rights laws:
- Bethel Census Area, Alaska;
- Dillingham Census Area, Alaska;
- Kusilvak Census Area, Alaska;
- Yukon-Koyukuk Census Area, Alaska;
- Apache County, Arizona;
- Cochise County, Arizona;
- Maricopa County, Arizona;
- Navajo County, Arizona;
- Sacramento County, California;
- San Mateo County, California;
- DeSoto County, Florida;
- Palm Beach County, Florida;
- Pinellas County, Florida;
- Fulton County, Georgia;
- Gwinnett County, Georgia;
- Buena Vista County, Iowa;
- Ford County, Kansas;
- Lowell, Massachusetts;
- Malden, Massachusetts;
- Clark County, Nevada;
- Washoe County, Nevada;
- Middlesex County, New Jersey;
- Union County, New Jersey;
- Erie County, New York;
- Benson County, North Dakota;
- Rolette County, North Dakota;
- Texas County, Oklahoma;
- Lehigh County, Pennsylvania;
- Pawtucket, Rhode Island;
- Buffalo County, South Dakota;
- Harris County, Texas;
- Tarrant County, Texas;
- Waller County, Texas;
- San Juan County, Utah; and
- Fairfax County, Virginia.
The Civil Rights Division will gather information on, among other things, whether voters are subject to different voting qualifications or procedures on the basis of race, color or membership in a language minority group; whether jurisdictions are complying with the language minority provisions of the Voting Rights Act; whether jurisdictions permit a voter to receive assistance by a person of his or her choice if the voter has a disability or is unable to read or write; whether jurisdictions provide polling locations and voting systems allowing voters with disabilities to cast a private and independent ballot; whether jurisdictions comply with the voter registration list requirements of the National Voter Registration Act; and whether jurisdictions comply with the provisional ballot requirements of the Help America Vote Act. Division personnel will also maintain contact with local election officials.
The Civil Rights Division’s Voting Section enforces the civil provisions of a wide range of federal statutes that protect the right to vote including the Voting Rights Act, the Uniformed and Overseas Citizens Absentee Voting Act, the National Voter Registration Act, the Help America Vote Act, and the Civil Rights Acts. The Division’s Disability Rights Section enforces the Americans with Disabilities Act to ensure that persons with disabilities have a full and equal opportunity to vote. Information about the Americans with Disabilities Act and about how to file a disability related complaint can be found at www.ada.gov. The Division’s Criminal Section enforces federal criminal statutes that prohibit voter intimidation and voter suppression based on race, color, national origin or religion.
Last week, the Justice Department announced efforts to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation or fraud in the election process. More information about the federal voting rights laws is available on the Civil Rights Division’s website at www.justice.gov/crt/voting-section.