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30 October 2018
U.S. Department of Justice’s Election Day ProgramRead the Press Release
BISMARCK: United States Attorney Christopher C. Myers announced today that Assistant United States Attorney (AUSA) Rick Volk 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 Volk has been appointed to serve as the District Election Officer (DEO) for the District of North Dakota 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 Myers 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 Myers stated that AUSA/DEO Volk will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers 701-530-2420.
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 in North Dakota at 701-223-4875 or the FBI Field Office in Minneapolis, MN, at 763-569-8000.
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 Myers 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.”
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U.S. Attorney’s Office Will Monitor Federal Election Complaints in KansasRead the Press Release
KANSAS CITY, KAN. – A federal prosecutor will be on duty on election day to respond to complaints of possible election fraud or voting rights violations in federal elections in Kansas, U.S. Attorney Stephen McAllister 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,” McAllister said. “The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
Assistant U.S. Attorney Jared Maag will be available to the public at 785-295-2858 while the polls are open on Nov. 6.
McAllister said he does not expect any problems during voting, but warned that there are penalties under federal law for any efforts to fraudulently influence the outcome of an election or to improperly prevent another person from exercising the right to vote.
As election officer, Maag will join other federal prosecutors across the nation as part of the election-day program of the U.S. Department of Justice. They will be responsible for overseeing the handling of complaints of election fraud and voting rights abuses in consultation with Justice Department headquarters.
The FBI’s Kansas City Field Office will also have Special Agents available to receive allegations of election fraud, intimidation, suppression, and other election abuses. The public can provide information regarding possible election crimes to the FBI’s Kansas City Field Office’s toll-free hotline, 1-855-527-2847, or email [email protected] .
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.
Any questions involving state or local issues may be referred to the Elections Division of the Kansas Secretary of State’s Office at 785-296-4561 or to the pertinent county election office.
U.S. Attorneys in Mississippi Stand Ready to Protect Voting Rights on Election DayRead the Press Release
United States Attorneys Mike Hurst of the Southern District of Mississippi and William C. Lamar of the Northern District of Mississippi announced today that they have appointed District Election Officers (“DEO”) in their respective Districts to be responsible for overseeing the handling of complaints of election fraud and voting rights abuses in Mississippi in consultation with U.S. Department of Justice in Washington, D.C.
Assistant United States Attorney Chris Wansley in the Southern District of Mississippi and Assistant United States Attorney Robert Coleman in the Northern District of Mississippi will lead the efforts of the United States Attorneys’ Offices in Mississippi in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election.
“Voting is the cornerstone of our democracy, and ensuring free and fair elections is one of the most important responsibilities we have as U.S. Attorneys. If anyone has specific information about election fraud or discrimination, please contact our offices, the FBI, or the Civil Rights Division. We stand ready to act promptly and aggressively to protect voter rights and the integrity of the election process,” said U.S. Attorney Hurst.
U.S. Attorney Lamar said, “The fairness of the election process hinges on our citizens’ ability to fully and fairly exercise their constitutional right to vote without fear, resistance or undue outside influence. We will work diligently to insure that the right of our citizens to vote and to participate in the electoral process will not be impeded.”
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).
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, AUSA/DEO Chris Wansley and AUSA/DEO Robert Coleman will be on duty in their respective Districts while the polls are open. Wansley can be reached at 601-973-2883 and Coleman can be contacted at 662-238-7676.
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 601-948-5000.
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.
U.S. Attorneys in Mississippi Stand Ready to Protect Voting Rights on Election DayRead the Press Release
United States Attorneys Mike Hurst of the Southern District of Mississippi and William C. Lamar of the Northern District of Mississippi announced today that they have appointed District Election Officers ("DEO") in their respective Districts to be responsible for overseeing the handling of complaints of election fraud and voting rights abuses in Mississippi in consultation with U.S. Department of Justice in Washington, D.C.
Assistant United States Attorney Chris Wansley in the Southern District of Mississippi and Assistant United States Attorney Robert Coleman in the Northern District of Mississippi will lead the efforts of the United States Attorneys’ Offices in Mississippi in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election.
"Voting is the cornerstone of our democracy, and ensuring free and fair elections is one of the most important responsibilities we have as U.S. Attorneys. If anyone has specific information about election fraud or discrimination, please contact our offices, the FBI, or the Civil Rights Division. We stand ready to act promptly and aggressively to protect voter rights and the integrity of the election process," said U.S. Attorney Hurst.
U.S. Attorney Lamar said, "The fairness of the election process hinges on our citizens’ ability to fully and fairly exercise their constitutional right to vote without fear, resistance or undue outside influence. We will work diligently to insure that the right of our citizens to vote and to participate in the electoral process will not be impeded."
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).
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, AUSA/DEO Chris Wansley and AUSA/DEO Robert Coleman will be on duty in their respective Districts while the polls are open. Wansley can be reached at 601-973-2883 and Coleman can be contacted at 662-238-7676.
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 601-948-5000.
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
U.S. Attorney Williams Announces November 2018 Election Day Program and Appoints Distrcit Election OfficerRead the Press Release
PORTLAND, Ore.—United States Attorney Billy J. Williams announced today that Assistant United States Attorney (AUSA) Adrian L. Brown will lead the efforts of his office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018 election.
AUSA Brown has been appointed to serve as the District Election Officer (DEO) for the District of Oregon, 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.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted without being stolen because of fraud,” said U.S. Attorney Williams. “The Department of Justice will act promptly and aggressively to protect the integrity of the election process. Ensuring free and fair elections depends in large part on the cooperation of the American electorate,” continued Williams. “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 Justice Department’s 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 ballot drop boxes 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, AUSA/DEO Brown will be on duty in the District of Oregon while the polls are open. She can be reached by the public at the following telephone number: 503-727-1003.
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 503-224-4181.
Complaints about possible violations of the federal voting rights laws can also 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.
U.S. Attorney Shappert Announces Election Day ProgramRead the Press Release
St. Thomas, USVI - United States Attorney Gretchen C.F. Shappert announced today that Assistant United States Attorney (AUSA) Alphonso Andrews will lead the efforts of her Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election. AUSA Andrews has been appointed to serve as the District Election Officer (DEO) for the Virgin Islands District 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 Shappert 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 Shappert stated that AUSA/DEO Alphonso Andrews will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers: (340)773-3920 or (340)344-0503.
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 (340) 777-3363.
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 Shappert 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."
U.S. Attorney Nolan Announces Election Day Program for November 6th ElectionRead the Press Release
United States Attorney Christina E. Nolan announced today that, as part of the State’s overall strategy to ensure the integrity of the upcoming election, she has specially assigned Assistant United States Attorney (AUSA) Michael Drescher to lead the efforts of the U.S. Attorney’s Office (USAO). The Vermont USAO program occurs in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018 elections. AUSA Drescher has been appointed to serve as the District Election Officer (DEO) for the District of Vermont and, in that capacity, is responsible for overseeing the Office’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington, D.C., the Vermont Secretary of State’s Office, and the Vermont Department of Public Safety.
U.S. Attorney Nolan 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, working with its federal and state partners, to protect the integrity of the election process.”
The Department of Justice has played a long-standing and important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s enduring Election Day Program furthers these goals and seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department of Justice in order 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 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, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Nolan stated that AUSA/DEO Drescher will be on duty in this District while the polls are open. AUSA/DEO Drescher can be reached at 802-951-6725 during regular office hours, and then at 802-651-8246 after hours on election day. In addition, the Vermont Secretary of State’s Office has established a Hotline which Vermonters can call to report any election-related complaints. The Hotline number is 1-800-439-VOTE (8683).
The FBI will also have special agents in each field office throughout the country to receive complaints related to allegations of election fraud and other election abuses. Vermonters can call (518) 431-7200 and calls will be directed to the appropriate field office.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, D.C. by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by completing a complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
U.S. Attorney Nolan 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, the Department of Justice Civil Rights Division, the Vermont Secretary of State’s Office, or the Vermont Department of Public Safety.”
Vermont Secretary of State Jim Condos, the State’s Chief Election Official, stated: “Securing Vermont’s elections takes a dedicated team of state and federal partners. Our state and federal partners are all working diligently with us to ensure that when a Vermont voter goes to the polls on Election Day they can cast their ballot confident in the integrity and security of their vote.” He added, “No Vermont voter should be denied their Constitutional right to cast a ballot, and any voter experiencing issues on Election Day may call our Election Day hotline at 1-800-439-VOTE (8683).”
U.S. Attorney Designates District Election OfficerRead the Press Release
ALBUQUERQUE – U.S. Attorney John C. Anderson announced today that Assistant U.S. Attorney (AUSA) Jeremy Peña 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 Peña has been appointed to serve as the District Election Officer (DEO) for the District of New Mexico 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.
U.S. Attorney Anderson said, “For our democracy to function as intended, every qualified citizen must have the right to cast a ballot free from interference, discrimination or fraud. In partnership with federal law enforcement, the U.S. Attorney’s Office for the District of New Mexico will be vigilant in ensuring that the right to vote is properly protected.”
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 Nov. 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Anderson stated that AUSA/DEO Peña will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers: (505)224-1451 and (505)269-2038.
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: (505)889-1300.
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.
U.S. Attorney Anderson 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.”
U.S. Attorney David Joseph implements November 6th Election Day program to prevent fraud and protect voting rightsRead the Press Release
SHREVEPORT, LAFAYETTE, MONROE, ALEXANDRIA, LAKE CHARLES, La. – United States Attorney David C. Joseph announced today that First Assistant U.S. Attorney Alexander Van Hook and Assistant U.S. Attorney Karen King will lead his office’s Election Day monitoring as part of a greater Department of Justice program to monitor voting rights abuses and election fraud across the country.
“Every citizen has the right to vote without interference or discrimination and to have that vote counted,” Joseph said. “The Department of Justice will act promptly and aggressively to protect the integrity of the election process. 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 Department’s 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 (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, Van Hook and King will be on duty in this District while the polls are open. Van Hook can be reached by the public at our Shreveport office at 318-676-3600; and King can be reached at our Lafayette office at 337-262-6618.
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. Local FBI field offices can be reached by the public in Shreveport at 318-861-1890, Monroe at 318-387-0773, Alexandria at 318-443-5097, Lafayette at 337-233-2164 and Lake Charles at 318-433-6353.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, D.C., by phone at 1-800-253-3931 and 202-307-2767, fax at 202-307-3961, email to [email protected] or complaint form at www.justice.gov/crt/complaint/votintake/index.php.
“My office works hard to ensure that our District has free and fair elections,” Joseph stated. “We urge the public to report specific information about discrimination or election fraud immediately.”
U.S. Attorney Coleman Announces District Election OfficerRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell M. Coleman announced today that Assistant United States Attorney Thomas Dyke will lead the efforts of the Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election. AUSA Dyke has been appointed to serve as the District Election Officer (DEO) for the Western District of Kentucky, 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, D.C.
United States Attorney Russell Coleman said, “Every Kentuckian must be able to vote without interference or discrimination and to have that vote counted without it being stolen through 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 Coleman stated that AUSA/DEO Dyke will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: (502) 625-7042.
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 Louisville FBI field office can be reached by the public at (502) 263-6000.
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 Coleman said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. Those who have specific information about discrimination or election fraud should make that information available immediately to my office, the FBI, or the Civil Rights Division.”
U.S. Attorney Assigns Staff Member to Observe Election in Dodge CityRead the Press Release
KANSAS CITY, KAN. – U.S. Attorney Stephen McAllister will send a member of his staff to observe in-person the voting in Dodge City, McAllister said today.
McAllister said: “As Attorney General Jeff Sessions emphasized in a release earlier today, ‘Voting rights are constitutional rights, and they’re part of what it means to be an American. The Department of Justice has been entrusted with an indispensable role in securing these rights for the people of this nation.’ In light of the concerns recently raised with regard to the polling place situation in Ford County, the United States Attorney’s Office for the District of Kansas will have one or more lawyers present in Dodge City on Election Day to observe the election process. To be clear, the U.S. Attorney’s office has not intervened in pending litigation, nor is it taking any position regarding that litigation. At this time, we are simply taking a basic step to observe the election with the hope that all goes smoothly in Ford County, so that each and every voter’s constitutional right to vote is honored and fully protected.”
McAllister’s office filed a notice with the court today announcing his intentions to the court and the parties involved in a civil lawsuit filed by the League of United Latin American Citizens against the Ford County Clerk’s Office.
Two Home Health Agency Owners and Two Employees Convicted for Roles in $3.7 Million Home Health Fraud SchemeRead the Press Release
A federal jury found two home health owners and two employees guilty today for their roles in a scheme to bill Medicare and Medicaid for over $3.7 million in charges when the owners had previously been excluded from participating in federal health care benefit programs.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Erin Nealy Cox of the Northern District of Texas, Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Region, Special Agent in Charge Eric Jackson of the FBI’s Dallas Field Office and Director of Law Enforcement David Maxwell of the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU) made the announcement.
After a six-day trial, Celestine “Tony” Okwilagwe, 50, of Dallas County, Texas; Paul Emordi, 52, of Collin County, Texas; Adetutu Etti, 60, also of Dallas County; and Loveth Isidaehomen, 49, also of Dallas County, were each convicted of one count of conspiracy to commit health care fraud. In addition, Okwilagwe and Etti were each convicted of two counts of false statement in connection with a health care benefit program. Sentencing before U.S. District Judge Jane Boyle of the Northern District of Texas, who presided over the trial, has not yet been scheduled.
According to evidence presented at trial, Okwilagwe and Emordi owned and operated Elder Care, a Medicare and Medicaid provider in Garland, Texas, when both were previously excluded from participating in any federal health care benefit program. Etti, the administrator of Elder Care, concealed Okwilagwe’s ownership and Okwilagwe and Emordi’s exclusions from Medicare and Medicaid. Etti signed false documents that indicated that no one associated with Elder Care was excluded and that another individual owned Elder Care, the evidence showed. The evidence further established that Isidaehomen signed bank documents and wrote employee paychecks to conceal the involvement of her husband, Okwilagwe. The defendants also engaged in a scheme to submit false and fraudulent bills to Medicare for services that were not needed, the evidence showed.
Evidence at trial demonstrated that Elder Care billed Medicare and Medicaid for over $3.7 million for claim reimbursements to which it was not entitled because Okwilagwe and Emordi were excluded from Medicare.
This case was investigated by HHS-OIG, the FBI, and MFCU. Assistant Deputy Chief Adrienne Frazior and Trial Attorney Catherine Wagner of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Russell Fusco of the Northern District of Texas 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.
Tulsa Labor Union Employee Sentenced for EmbezzlementRead the Press Release
United States Attorney Trent Shores announced that Deborah Sue Hand, 51, of Glenpool, Oklahoma, was sentenced today to eight months imprisonment (five of those months are to be served on home detention), as well as a period of 36 months supervised release, for embezzling from a Tulsa labor organization where she was employed as an office manager.
According to her plea on July 23, 2018, Hand admitted to stealing $23,031.59 in payments made to the union as well as illegally spending an additional $21,776.96 on the union’s credit cards.
As office manager, Hand received monies payed to the labor organization in the form of cash, checks, or money orders and was responsible for inputting payments into the company’s system to create receipts. As part of her embezzlement scheme, Hand stole the payments and also fraudulently utilized other employees’ credit cards for her own personal expenses and purchases.
“Ms. Hand stole money from sheet metal workers and the labor organization that represents them. These workers trusted her, and she violated that trust, stealing and spending the money for her personal benefit. Small businesses and skilled workers are the backbone for a lot of communities across this country. To those who would steal from these hard working men and women, know that the federal prosecutors in northeastern Oklahoma will hold you accountable,” said U.S. Attorney Trent Shores.
Hand was also ordered to pay restitution to the labor organization in the amount of $44,808.55. She was sentenced in United States District Court by U.S. District Judge John E. Dowdell and faced a maximum sentence of five years in prison.
This case resulted from a joint investigation performed by the Department of Labor and United States Secret Service and was prosecuted by Assistant U.S. Attorney Richard Cella.
Tobacco Wholesaler Admits Role in Scheme to Defraud State of Connecticut of More Than $5.8 Million in TaxesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that RISHI MALIK, 46, of Fairfield, pleaded guilty today in New Haven federal court to charges related to role in a conspiracy to defraud the State of Connecticut of millions of dollars in taxes due on tobacco products imported into the state.
According to court documents and statements made in court, the State of Connecticut imposes tax on tobacco products imported into Connecticut for distribution within Connecticut. Tobacco amounts purchased, and taxes due, are reported on Forms OP-300, which are filed with the Connecticut Department of Revenue Services.
For several years until 2012, Malik and a partner operated Connecticut Discounts LLC, a tobacco wholesale business based in Bridgeport. Through that company, Malik obtained tobacco products from out-of-state suppliers and distributed the products to a network of clients who offered tobacco products for retail sale. While operating Connecticut Discounts, Malik caused OP-300 forms to be filed with the Connecticut Department of Revenue Services, which underreported the amount of tobacco he imported into the state for distribution.
In June 2012, Malik sold Connecticut Discounts to Pavan Vaswani, who continued the tobacco wholesale business under the name KDV Discounts, LLC. From approximately June 2012 to April 2017, Malik frequently assisted Vaswani in importing tobacco products from out-of-state suppliers, including suppliers in Pennsylvania. Malik sometimes drove to Pennsylvania to pick up products that he delivered to KDV in Connecticut. He also participated in making orders, and sometimes delivered payments in cash.
Between January 2013 and April 2017, KDV acquired almost $12 million in tobacco products, primarily cigars and other products, from suppliers in Pennsylvania, and distributed these products to hundreds of customers in Connecticut that stocked tobacco products for retail sale. On the OP-300 forms that Vaswani filed with the Department of Revenue Services on behalf of KDV, the amounts reported were a small fraction of what KDV actually acquired. Through this scheme, Vaswani failed to report approximately $5,821,057 in tax to the State of Connecticut.
In 2014, Malik registered Discount Deals, LLC, with an address in Sciota, Pennsylvania. Malik held out Discount Deals to be a tobacco distribution business. However, the unit he rented was not a space for a legitimate tobacco business and was maintained to create the appearance that Discount Deals was a legitimate Pennsylvania-based tobacco wholesaler. Between 2014 and at least April 2017, to subvert other federal regulations regarding interstate transport of smokeless tobacco, Malik used Discount Deals to purchase more than $1.1 million in smokeless tobacco products from Pennsylvania suppliers. A substantial amount of these smokeless tobacco products were provided to KDV for distribution in Connecticut. Discount Deals made no tax payments to the State of Connecticut between 2014 and 2017, and approximately $400,000 in smokeless tobacco tax was not reported to Connecticut or other states.
Malik and Vaswani were arrested on January 11, 2018.
Malik pleaded guilty to one count of conspiracy to commit wire fraud and to violate the Contraband Cigarette Trafficking Act (“CCTA”), an offense that carries a maximum term of imprisonment of five years, and one count of wire fraud, an offense that carries a maximum term of imprisonment of 20 years. He is scheduled to be sentenced by U.S. District Judge Janet C. Hall on January 23, 2018.
On August 21, 2018, Vaswani, 40, of West Haven, pleaded guilty to the same offenses. He awaits sentencing.
Both Malik and Vaswani have agreed to a restitution order of $5,821,057.
Malik and Vaswani are released on bonds pending sentencing.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Connecticut Department of Revenue Services, Criminal Investigations Division. The case is being prosecuted by Assistant U.S. Attorneys Jennifer R. Laraia and Michael S. McGarry.
Texas Businessman Pleads Guilty to Money Laundering Charges in Connection with Venezuela Bribery SchemeRead the Press Release
A former procurement officer of Venezuela’s state-owned and state-controlled energy company, Petroleos de Venezuela S.A. (PDVSA), pleaded guilty today for his role in an international money laundering scheme involving bribes paid by the owners of U.S.-based companies to Venezeulan government officials in exchange for securing additional business with PDVSA and payment priority on outstanding invoices.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ryan K. Patrick of the Southern District of Texas and Special Agent in Charge Mark Dawson of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations’ (HSI) Houston Field Office made the announcement.
Ivan Alexis Guedez (Guedez), 47, of Katy, Texas, pleaded guilty before U.S. Magistrate Judge Christina A. Bryan of the Southern District of Texas in Houston to one count of conspiracy to launder money. Guedez is scheduled to be sentenced on Feb. 20, 2019 by U.S. District Judge Gray H. Miller of the Southern District of Texas.
According to admissions made in connection with Guedez’s plea, Guedez agreed with other PDVSA officials and businessmen who were employed by a Miami-based PDVSA supplier that, in exchange for bribe payments, Guedez and the other PDVSA officials would direct PDVSA business toward the supplier. The co-conspirators who were employed by the PDVSA supplier also received kickbacks. Guedez and his co-conspirators concealed the corrupt payments by, among other things, communicating using fictitious email addresses, creating false invoices to justify the payments, and directing the bribe payments to a Swiss account in the name of a shell company before being disbursed to the co-conspirators.
As part of his plea agreement, Guedez has agreed to forfeit the proceeds of his criminal activity.
Guedez becomes the latest individual to plead guilty as part of a larger, ongoing investigation by the U.S. government into bribery at PDVSA. Including Guedez, the Justice Department has announced the guilty pleas of a total of 15 individuals in connection with the investigation.
HSI Houston is conducting the ongoing investigation with assistance from HSI Boston and Madrid, as well as from IRS Criminal Investigation. Trial Attorneys Jeremy R. Sanders, Sarah E. Edwards and Sonali Patel of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys John Pearson and Robert S. Johnson of the Southern District of Texas are prosecuting the case. Assistant U.S. Attorney Kristine Rollinson of the Southern District of Texas is handling the forfeiture aspects of the case.
The Criminal Division’s Office of International Affairs and the Cayman Islands Mutual Legal Assistance Authority and Office of the Director of Public Prosecution also provided assistance.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Texas Businessman Pleads Guilty to Money Laundering Charges in Connection with Venezuela Bribery SchemeRead the Press Release
HOUSTON – A former procurement officer of Venezuela’s state-owned and state-controlled energy company, Petroleos de Venezuela S.A. (PDVSA), pleaded guilty today for his role in an international money laundering scheme involving bribes paid by the owners of U.S.-based companies to Venezeulan government officials in exchange for securing additional business with PDVSA and payment priority on outstanding invoices.
U.S. Attorney Ryan K. Patrick, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Special Agent in Charge Mark Dawson of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations’ (HSI) Houston Field Office made the announcement.
Ivan Alexis Guedez, 47, of Katy, pleaded guilty before U.S. Magistrate Judge Christina A. Bryan to one count of conspiracy to launder money. Sentencing has been set for Feb. 20, 2019, before U.S. District Judge Gray H. Miller.
According to admissions made in connection with his, Guedez agreed with other PDVSA officials and businessmen who were employed by a Miami-based PDVSA supplier that, in exchange for bribe payments, Guedez and the other PDVSA officials would direct PDVSA business toward the supplier. The co-conspirators who were employed by the PDVSA supplier also received kickbacks. Guedez and his co-conspirators concealed the corrupt payments by, among other things, communicating using fictitious email addresses, creating false invoices to justify the payments and directing the bribe payments to a Swiss account in the name of a shell company before being disbursed to the co-conspirators.
As part of his plea agreement, Guedez has agreed to forfeit the proceeds of his criminal activity.
Guedez becomes the latest individual to plead guilty as part of a larger, ongoing U.S. government investigation into bribery at PDVSA. Including Guedez, the Justice Department has announced the guilty pleas of a total of 15 individuals in connection with the investigation.
HSI Houston is conducting the ongoing investigation with assistance from HSI Boston and Madrid, as well as from IRS -Criminal Investigation. Assistant U.S. Attorneys (AUSA) John Pearson and Robert S. Johnson, Trial Attorneys Jeremy R. Sanders, Sarah E. Edwards and Sonali Patel of the Criminal Division’s Fraud Section are prosecuting the case. AUSA Kristine Rollinson is handling the forfeiture aspects of the case.
The Criminal Division’s Office of International Affairs and the Cayman Islands Mutual Legal Assistance Authority and Office of the Director of Public Prosecution also provided assistance.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Talent, Oregon Man Pleads Guilty to Distribute Cocaine and Trading Cocaine for FirearmsRead the Press Release
MEDFORD, Ore. – On Monday, October 29, 2018, Jonathan Alan Ochoa, 31, of Talent, Oregon, pleaded guilty to one count each of conspiracy to distribute and possess with intent to distribute cocaine and possession of a firearm in furtherance of a drug trafficking crime.
According to court documents, between July and August 2017, Ochoa agreed and conspired with co-defendants Gonzalo Manzo, Jr. and Rodolfo Quevedo to send more than 500 grams of cocaine from California to Oregon to sell and distribute to others. During this time, Ochoa and Manzo negotiated a sale of cocaine with an undercover agent from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in exchange for multiple firearms.
On August 17, 2017, at Manzo’s request, Quevedo transported approximately 1000 grams of cocaine from California and delivered it to Ochoa in the Medford area. The firearms and cash were intended to be transported back to California but agents arrested Ochoa and his co-conspirators and the firearms were seized by law enforcement.
Ochoa faces a maximum sentence of life in prison, a $5 million fine and four years of supervised release. He will be sentenced on February 21, 2019 before U.S. District Court Judge Ann Aiken. Manzo pleaded guilty to the same charges on August 27, 2018. Quevedo also faces criminal charges; his case is pending in federal court.
This case was investigated by ATF and is being prosecuted by Nathan J. Lichvarcik and Adam E. Delph, Assistant U.S. Attorneys for the District of Oregon.
The 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.
Sioux City Man Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced October 29, 2018, to 12 years in federal prison.
Anthony Watkins, Sr., 41, from Sioux City, Iowa, received the prison term after a February 15, 2018, guilty plea to conspiracy to distribute methamphetamine and distribution of methamphetamine.
At the guilty plea, Watkins admitted that from about January 2016 through about August 2017, he was involved in a conspiracy that distributed at least 1.5 kilograms of methamphetamine mixture. On March 30, 2017, law enforcement officers conducted a controlled purchase of methamphetamine from Watkins. Evidence at the plea and sentencing hearings showed Watkins was the manager of five or more other people in this criminal activity.
Watkins was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Watkins was sentenced to 144 months’ imprisonment. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Watkins is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Mikala M. Steenholdt and investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4052.
Follow us on Twitter @USAO_NDIA.
Robert Watkins Sentenced and Ordered to pay $1,291,030 in RestitutionRead the Press Release
HAMMOND – Robert Watkins, 32 years old, of Porter, Indiana, was sentenced by U.S. District Court Judge Jon E. DeGuilio after pleading guilty, announced United States Attorney Thomas L. Kirsch II.
Watkins received a sentence of 15 months imprisonment and was ordered to pay $1,291,030 in restitution to Arcelor Mittal.
According to documents in the case, Watkins pled guilty to three counts of Interstate Transportation of Stolen Property because, between September 2013 and March 2014, Watkins and others stole a metal alloy called Ferro Columbium from Arcelor Mittal’s property and transported it across state lines to sell for profit.
This case was investigated by the FBI GRIT Task Force and prosecuted by Assistant United States Attorney Jennifer Chang.
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Reported Gun Crimes Continue to DeclineRead the Press Release
Memphis, TN – Reported gun crimes were down 17.3 percent during the first three quarters of 2018 (January – September) compared to the same time period last year in the city of Memphis and unincorporated parts of Shelby County, according to figures from the Project Safe Neighborhoods G.U.N. (Government United for Non-Violence) Unit. The latest figures build on a 15.3 percent decline during the first half of the year (January – June).
From January through September of this year, there were 3,659 reported crimes with guns compared to 4,422 during the same period in 2017.
The latest gun crime figures are consistent with preliminary violent crime figures from the Tennessee Bureau of Investigation for the first three quarters of 2018 released by the Memphis Shelby Crime Commission and the University of Memphis Public Safety Institute last week. Those figures showed murders in Memphis down 17.6 percent compared to last year (down 14.5 percent countywide) and reported robberies in Memphis down 12.4 percent (down 11.3 percent countywide).
Reducing gun crime is a major focus of the local Operation: Safe Community plan, the development of which was spearheaded by the Crime Commission.
Bill Gibbons, president of the Crime Commission, noted that a number of objectives under the plan currently being implemented could be getting the word out to the street level about the consequences of engaging in gun crime and deterring acts of violence with guns. Specifically, he noted vigorous enforcement of tough federal gun laws, enactment of stiffer state sentences to curb illegal possession of firearms, ramped up data-driven deployment of law enforcement resources, and the FED UP Gun Crime Max Time media campaign, which has the goal of changing behavior."Word may very well be getting out that engaging in gun violence is just not worth the price. We may be changing the behavior of some," said Gibbons.
U.S Attorney Mike Dunavant stated, "Last year, the U.S. Attorney's Officeannounced the expansion and reinvigoration of the Project Safe Neighborhoods(PSN) initiative, which is a highly successful and proven violent crime reductionstrategy. Through our partnerships with federal and local law enforcement and theShelby County DA's Office to target firearms offenses and prevent additionalcrimes by public awareness of real consequences, we have seen a steady reductionin the number of reported gun crimes.
"These sustained decreases in reported gun crimes and major violent crime categories are encouraging, and shows that our return to proven enforcement policies under PSN is working. We have dramatically increased the number of firearms prosecutions over the last year, and the welcome outcome has been improved public safety. 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 safe," said Dunavant.
The chart below reflects reported gun crimes for the first three quarters of 2016, 2017, and 2018.1 Reported gun crime incidents in city of Memphis and unincorporated parts of Shelby County. Source: Project Safe Neighborhoods G.U.N. Unit
2 A 17.3 percent decrease compared to 2017 and a 6.6 percent decrease compared to 2016.
About the Memphis Shelby Crime Commission (www.memphiscrime.org): The Memphis Shelby Crime Commission is an independent, non-profit 501(c) (3) organization that "quarterbacks" the work of the Operation: Safe Community (OSC) plan and its partners. It is funded through the generous contributions of many private sector donors. Ben Adams, CEO of Baker Donelson law firm, serves as chair of the board, and Bill Gibbons serves as president of the Commission.
About Operation: Safe Community (www.operationsafecommunity.org): Launched in 2007, Operation: Safe Community (OSC), spearheaded by the Memphis Shelby Crime Commission, is a community-based crime reduction initiative. Operation: Safe Community is chaired by Shelby County District Attorney General Amy Weirich.
Press Release by U.S. Attorney Relating to November 2018 ElectionsRead the Press Release
United States Attorney Joe Kelly announced today that Assistant United States Attorney (AUSA) Laurie Kelly, no relation, 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 Kelly has been appointed to serve as the District Election Officer (DEO) for the District of Nebraska, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with the United States Department of Justice’s headquarters in Washington, D.C.
United States Attorney Kelly said, “Every citizen must be able to vote without interference or discrimination and to have that vote be counted. 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).
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 Kelly stated that AUSA/DEO Laurie Kelly will be on duty in this District while the polls are open. Polling sites are open from 8 A.M. until 8 P.M. in the Central Time Zone, and 7 A.M. until 7 P.M. in the Mountain Time Zone. AUSA Kelly can be reached by the public at the following telephone number: (402) 661-3700.
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 (402) 493-8688.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, D.C. 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.
Nebraska Secretary of State John Gale reminds voters that, should the need arise, the state’s Election Integrity Unit is on standby for Election Day concerns or complaints. Anyone may call his office to express concerns or file a formal complaint if necessary. Nebraskans who wish to contact the Election Integrity Unit may do so by calling (402) 471-2555, or toll-free at (888) 727-0007. If a voter is unsure about the location of their polling site, they should call their county election office or go online to https://www.votercheck.necvr.ne.gov.
United States Attorney Joe Kelly 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.”
Pittsfield Man Sentenced to Three Years on Firearms ChargesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Steven P. Springer II, 26, of Pittsfield, Maine, was sentenced today by Chief Judge Nancy Torresen to 36 months in prison followed by three years of supervised release for providing false information during the purchase of firearms. Springer pleaded guilty on May 29, 2018.
According to court records, on February 22, 2015, Springer purchased a Kel-Tec PF9 semi-automatic pistol from a federally licensed firearms dealer. In connection with the purchase, Springer completed a Firearms Transaction Record form in which he falsely reported that he was the actual purchaser of the firearm. On February 24, 2015, Springer purchased two Kel-Tec P11 pistols from another federally licensed dealer, again falsely reporting on the form that he was the actual purchaser of the firearms. On both occasions, Springer was buying the firearms for another individual who was prohibited from purchasing them.
The case was investigated by the Massachusetts State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 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.
Ossipee Man Pleads Guilty to Providing False Information in an Effort to Obtain Fishery Disaster Relief FundsRead the Press Release
CONCORD – Dave Bardzik, 56, of Ossipee, pleaded guilty in federal court to making false statement in violation of the Magnuson-Stevens Fishery Conservation and Management Act, United States Attorney Scott W. Murray announced today.
In late October 2012, Hurricane Sandy devastated the Atlantic coast of the United States. In addition to causing widespread property damage, the storm had substantial impacts on the New England fishing industry. Pursuant to the Magnuson-Stevens Act, the United States Commerce Secretary declared a fishery disaster and Congress approved fishery disaster relief funds. Operators of both commercial and “for hire” vessels in New Hampshire were provided information on how to apply for a share of those funds. Required criteria included that “for hire” vessels, like Bardzik’s, must have taken at least 15 trips in three of the previous four years in which at least one New England groundfish species was harvested.
According to court documents and statements made in court, Bardzik submitted several false and/or altered records to the New Hampshire Fish and Game Department in June 2015 in an attempt to qualify for the allotted funds. Investigators immediately noted discrepancies between the June 2015 submission and the previous, contemporaneous records Bardzik had completed in 2013. When confronted by investigators, Bardzik admitted that he created the false and/or altered records because he would otherwise not have qualified for funds.
Bardzik will be sentenced on February 5, 2019
“When the federal government provides funds for disaster relief, that is not an invitation to commit fraud,” said U.S. Attorney Murray. “Those who provide false information in order to obtain disaster relief money are committing a crime. We work closely with our law enforcement partners to ensure that benefits only go to those who are entitled to receive them.”
This matter was investigated by the National Oceanic and Atmospheric Administration’s Office of Law Enforcement with assistance from the New Hampshire Fish and Game Department. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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November 2018 General Election Day ProgramRead the Press Release
United States Attorney Mark A. Klaassen announced today that Assistant United States Attorney (AUSA) Timothy W. Gist 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 Gist has been appointed to serve as the District Election Officer (DEO) for the District of Wyoming. In that capacity, he is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department in Washington. D.C.
"The right to vote is a cornerstone of American democracy, and every citizen who chooses to do so must be able to exercise that right without interference or discrimination," said United States Attorney Klaassen. "The Department of Justice will act promptly and aggressively to protect the integrity of the election process."
The Department of Justice is responsible for deterring election fraud and discrimination at the polls, and addressing these violations wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and 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).
AUSA/DEO Gist will be on duty while the polls are open to respond to complaints of election fraud or voting rights abuses, and to ensure that such complaints are directed to the appropriate authorities,. He can be reached by the public at the following telephone numbers: 307-332-8195 or 307-772-2124.
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 FBI field office can be reached by the public at 303-630-6916 or 307-632-6224.
Complaints about possible violations of the federal voting rights laws may also be made directly to the Voting Section of the Civil Rights Division of the Department of Justice in Washington, D.C., by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected], or by online complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
"Ensuring free and fair elections depends in large part on the cooperation of fellow citizens," said United States Attorney Klaassen. "It is imperative that those who have any specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division so that we can take appropriate action."
November 2018 ElectionsRead the Press Release
Tampa, FL - United States Maria Chapa Lopez announced today that Assistant United States Attorney (AUSA) Robert Mosakowski will lead the efforts of her Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election. AUSA Mosakowski has been appointed to serve as the District Election Officer (DEO) for the Middle District of Florida, 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 Chapa Lopez said, “Every citizen should be free to vote without interference or discrimination and to have their vote count, without the fear that it will be stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the electoral 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 Chapa Lopez stated that AUSA/DEO Mosakowski will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: (813) 274-6129.
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. Local FBI field offices can be reached by the public at (813) 253-1000 (Tampa Division) or (904) 248-7000 (Jacksonville Division).
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.
Nashua Man Sentenced to 5 Years in Prison for Fentanyl TraffickingRead the Press Release
CONCORD, N.H. – Arthur Voutselas, 27, previously of Nashua, was sentenced to 60 months in federal prison for fentanyl trafficking, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on two separate occasions in January of 2018, Voutselas sold quantities of cocaine to a cooperating individual working with law enforcement. In February of 2018, Voutslas was arrested and found to be in possession of fentanyl and cash. A state court judge later granted a search warrant for Voutselas’ Nashua residence, and the search yielded approximately 75 grams of fentanyl, over $10,000 in U.S. currency, and other indicia of narcotics trafficking, including a scale, ledgers and bagging materials. Voutselas previously pleaded guilty to possession of fentanyl with intent to distribute in July of 2018.
Voutselas forfeited $12,955 to the United States, representing proceeds of his narcotics trafficking. Following prison, he will be on supervised release for a period of four years.
“Stopping fentanyl trafficking is a top priority of the U.S. Attorney’s Office” said U.S. Attorney Murray. “In order to protect the lives and safety of our citizens, we work closely with our law enforcement partners to investigate and prosecute those who are responsible for selling this deadly drug. Drug dealers should expect to face long prison terms for distributing fentanyl and other opioids.”
“Fentanyl is causing deaths in record numbers and DEA’s top priority is to aggressively pursue anyone who distributes this poison,” said DEA Special Agent in Charge Brian D. Boyle. “Today’s sentence not only holds Mr. Voutselas accountable for his crimes but serves as a warning to those traffickers who are fueling the opioid epidemic.”
This matter was investigated by the Drug Enforcement Administration and the Nashua Police Department. The case is being prosecuted by Assistant U.S. Attorney Charles L Rombeau.
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Muldrow Man Sentenced to 70 Months for Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Gregory Martin Williams, age 57, of Muldrow, Oklahoma, was sentenced to 70 months imprisonment and 3 years supervised release for Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), and Title 18, United States Code, Section 2. The charge arose from an investigation by the District 27 District Attorney’s Drug Task Force and the Drug Enforcement Administration.
The Indictment alleged that on or about August 30, 2016, within the Eastern District of Oklahoma, the defendant knowingly and intentionally possessed with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
United States Attorney Brian J. Kuester said, “Rural Oklahoma is no stranger to the devastating impact that Methamphetamine has on people, families and communities. The dealers of this deadly poison must be held accountable. Thanks to the District 27 Drug and Violent Crime Task Force and the DEA, prosecutors in this office successfully prosecuted Williams.”
District Attorney Jack Thorp added, “Cooperation between federal, state, and local agencies continue to provide excellent results in the administration of justice. I am thankful for the strong working relationships that we have with our federal partners as we work together to make Eastern Oklahoma safer. This investigation and prosecution is a great example of what we can accomplish when we work together.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Christopher Wilson represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.
Moss Point Man Sentenced to Federal Prison for Illegally Possessing Firearm After Bringing Stolen Firearm to a Police StationRead the Press Release
Gulfport, Miss. – Kevin LaMarcus Mitchell, 20, of Moss Point, was sentenced today by U.S. District Judge Louis Guirola, Jr., to 21 months in prison, followed by 3 years of post-release supervision, after having pled guilty to illegally possessing a firearm as an unlawful user of controlled substances, announced U.S. Attorney Mike Hurst and Special Agent in Charge of Alcohol, Tobacco, Firearms and Explosives, Dana Nichols. Mitchell was also ordered to pay a $5,500 fine.
On April 6, 2018, Mitchell went to the Pascagoula Police Department with his twin brother Tevin Mitchell and Joseph Smith to retrieve firearms seized by the police on March 31, 2018. During that visit, Pascagoula Police officers and agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Tevin Mitchell and Smith for being unlawful users of controlled substances with guns from the prior incident. While doing an inventory search of Smith’s car, police found a gun stolen from St. Tammany Parish, Louisiana, under Kevin Mitchell’s seat. Mitchell admitted in an interview that he smoked marijuana regularly. Mitchell admitted to a friend in a recorded call that he brought the gun to the police station.
Pascagoula Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. The case was prosecuted by Assistant United States Attorney Annette Williams.
Montgomery Nurse Practitioner Convicted of Unlawfully Distributing Controlled Substances, Health Care Fraud, and ConspiracyRead the Press Release
Montgomery, Alabama – On Monday, October 29, 2018, a federal jury convicted nurse practitioner Lilian Ifeoma Akwuba, 39, of Montgomery, Alabama, on 17 counts of unlawfully distributing controlled substances, 4 counts of health care fraud, 1 count of conspiring to distribute controlled substances, and 1 count of conspiring to commit health care fraud, announced United States Attorney Louis V. Franklin, Sr.
The trial evidence showed that, from 2013 through 2016, Akwuba worked at Family Practice, a Montgomery medical practice located at 4143 Atlanta Highway. Her supervisor there was the practice’s owner, Dr. Gilberto Sanchez. Working under Sanchez, Akwuba issued and caused to be issued unnecessary and illegitimate prescriptions for a variety of controlled substances, including fentanyl, hydrocodone (commonly known as “Norco”), oxycodone (commonly known as “Percocet”), alprazolam (commonly known as “Xanax”), and methadone. Akwuba and Sanchez also required these patients to return approximately every month to obtain their prescriptions. These unnecessary office visits and unlawful prescriptions were ultimately billed to the insurance companies, which paid the claims.
In 2016, Akwuba left Family Practice and opened her own practice, Mercy Family Health Care, located at 128 Mytilene Park Drive in east Montgomery. Many of Family Practice’s former patients followed her there. After they did so, Akwuba continued to prescribe the patients the drugs the patients had received at Family Practice. In several instances, she increased the patients’ dosages or switched the patients to more potent narcotics than Sanchez had prescribed. Because Akwuba was a nurse practitioner and not a physician, she was not able to issue prescription refills on Schedule II controlled substances without a physician’s approval. Akwuba skirted this rule by, in many instances, forging physicians’ signatures on prescriptions for controlled substances. Additionally, Akwuba instructed her staff members to falsify medical records, so as to justify billing for office visits at increased rates. For example, trial evidence showed that Akwuba falsely reported performing 10 rectal exams on the same patient during the course of a single year. She also erroneously claimed to have performed a colonoscopy in her family practice office.
Following these convictions, Akwuba is facing up to 20 years in prison, substantial fines, and up to 3 years of supervised release.
“We will never be able to fully appreciate the harm that Ms. Akwuba caused to the patients who put their trust in her,” stated United States Attorney Franklin. “Patients hoped that Ms. Akwuba would appropriately treat their illnesses. Instead, she inflicted upon them a new disease—addiction. I hope that this verdict will send a strong message to the medical community. Society will no longer tolerate health care providers who are willing to betray their patients’ trust to make an easy buck.”
“The arrests and subsequent indictments of the individuals in this ongoing case are part of DEA's continuing effort to target the distribution of dangerous drugs at all levels,” said DEA Assistant Special Agent-in-Charge Bret Hamilton. “Illicit drug abuse and related criminal activity takes a tremendous toll communities throughout Alabama. We will continue to work closely with our law enforcement partners in order to enhance the quality of life for the citizens of this state by pursuing ALL criminals involved in the illicit drug trade, even if they're committing their crimes in a doctor's office.”
“Health care fraud is the ultimate betrayal of the trust that patients place with their providers. In this case, Akwuba, a nurse practitioner, took advantage of people suffering from addiction to opioids, to line her own pockets,” said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “We will continue to work with our law enforcement partners to protect patients and the health care programs intended to serve them.”
“Akwuba violated her professional and ethical oath by knowingly participating in this pill mill operation,” said Thomas J. Holloman, Special Agent in Charge, IRS-Criminal Investigation. “IRS-CI will continue working with our law enforcement partners in the fight to significantly impact the opioid epidemic.”
The case was investigated Drug Enforcement Agency, Health and Human Services-Office of the Inspector General, and Internal Revenue Service-Criminal Investigation. The Alabama Law Enforcement Agency, the Opelika, Alabama Police Department, the Montgomery, Alabama Police Department, and the Alabama Board of Medical Examiners all assisted in the investigation. Assistant United States Attorneys Jonathan S. Ross, Megan A. Kirkpatrick, and Rand Neeley are prosecuting the case.
Milwaukee Man Convicted of Conspiring to Provide Material Support to ISISRead the Press Release
Assistant Attorney General for National Security John C. Demers, United States Attorney Matthew D. Krueger for the Eastern District of Wisconsin and Special Agent-in-Charge R. Justin Tolomeo of the FBI’s Milwaukee Division announced that on October 25, 2018, Jason Michael Ludke (age: 37), of Milwaukee, pled guilty to conspiring to provide material support or resources to a foreign terrorist organization – i.e., the Islamic State, also known as the Islamic State of Iraq and the Levant (ISIL), the Islamic State of Iraq and al’Sham (ISIS), the Islamic State of Iraq and Syria (ISIS), ad-Dawla al’Islamiyya fi al-‘Iraq wa-sh-Sham, Daesh, and Dawla al Islamiya – in violation of Title 18, United States Code, Section 2339B(a)(1).
Ludke and a co-conspirator agreed that they would travel through Mexico to Syria and Iraq in order to join ISIS. Ludke arranged to do so with a man whom he believed was a member of ISIS. Ludke also recorded a video of himself pledging his allegiance to the leader of ISIS, Abu Bakr al-Baghdadi, and stating that he was ready to join ISIS. On October 5, 2016, Ludke and his coconspirator were traveling to the Texas/Mexico border in order to accomplish their plan to join ISIS, when law enforcement located and arrested them.
Ludke has prior convictions for child sexual assault and for making death threats against a federal judge. Ludke was on probation at the time he was arrested and had cut the tracking device from his ankle before leaving Wisconsin.
United States Attorney Krueger said this conviction demonstrates the United States’ resolute commitment to protecting our country and combatting foreign terrorism. Individuals like Ludke who seek to provide material support to ISIS will be held accountable. Krueger commended the excellent work of the FBI and the Joint Terrorism Task Force in securing this conviction.
“The FBI’s number one priority is protecting Americans from terrorism,” said Special Agent in Charge (SAC) Justin Tolomeo. “I commend our Joint Terrorism Task Force (JTTF), which includes our local, state and federal partners, for their investigative efforts in identifying and arresting Jason Ludke that prevented him from joining the ISIS terror group.”
Ludke faces a maximum term of imprisonment of twenty years, a maximum term of supervised release of five years, and a maximum fine of $250,000.
The case was investigated by the Federal Bureau of Investigation and the Joint Terrorism Task Force and is being prosecuted by Assistant United States Attorneys Paul Kanter and Benjamin Taibleson and Trial Attorney Jolie F. Zimmerman of the Department’s Counterterrorism Section.
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Mexican Man Sentenced to Prison for Illegally Reentering the United StatesRead the Press Release
A Mexican man who illegally returned to the United States after being deported was sentenced today to almost three months in federal prison.
Sergio Aguilar-Velasco, age 34, a citizen of Mexico illegally present in the United States and residing in Riceville, Iowa, received the prison term after a September 4, 2018, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Aguilar-Velasco admitted he had previously been deported from the United States in August 2006 and illegally reentered the United States without the permission of the United States government.
Aguilar-Velasco was deported in August 2006 following his misdemeanor conviction in the Northern District of Iowa on July 6, 2006, for illegal entry into the United States following his arrest during an immigration enforcement action at a meatpacking plant in Clarion, Iowa. Aguilar-Velasco was also deported to Mexico two times in one week in April 2004 and two times on the same day in November 2006. Aguilar-Velasco was found by immigration agents at the Mitchell County, Iowa, jail in July 2018 after Aguilar-Velasco was arrested for traffic violations. While Aguilar-Velasco initially denied ever being encountered by immigration officials, an analysis of his fingerprints confirmed that he had been deported in 2006 and removed from the United States four other times.
Aguilar-Velasco was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Aguilar-Velasco was sentenced to 84 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Aguilar-Velasco is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-2043-CJW.
Follow us on Twitter @USAO_NDIA.
Marion County man admits to drug chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA – James Copen, of Fairmont, West Virginia, has admitted to methamphetamine distribution charges, United States Attorney Bill Powell announced.
Copen, age 42, pled guilty to one count of “Conspiracy to Distribute Methamphetamine” and three counts of “Distribution of Methamphetamine in Proximity of a Protected Location.” Cope admitted to distributing methamphetamine in Marion County in October of 2017, March of 2018, and April of 2018.
The United States is also seeking forfeiture of $37,829 as proceeds derived directly or indirectly from the alleged crime.
Copen faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Traci M. Cook is prosecuting the case on behalf of the government. The Three Rivers Drug & Violent Crimes Task Force investigated.
U.S. Magistrate Judge Michael John Aloi presided.
MS-13 Member Sentenced to Ten Years in Prison for Orchestrating, from Inside A California Prison, the Trafficking of Drugs to New JerseyRead the Press Release
NEWARK, N.J. – A member of MS-13 was sentenced to ten years in prison for orchestrating, from inside a California state prison, the trafficking of methamphetamine, heroin, and cocaine to New Jersey, U.S. Attorney Craig Carpenito announced.
Luis Calderon, 32, a/k/a “Lagrima,” of Los Angeles, previously pleaded guilty before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court to an indictment charging him with conspiracy to distribute, and to possess with intent to distribute, methamphetamine, heroin, and cocaine. Sentence was imposed today by U.S. District Judge Jose L. Linares.
According to the documents filed in this case and statements made in court:
Between August 2015 and November 2015, Calderon was incarcerated at the Calipatria State Prison in California. However, Calderon had access to multiple contraband cellular telephones, which he used to communicate with conspirators outside the prison.
Law enforcement officers lawfully recorded numerous telephone conversations between Calderon and an MS-13 member based in New Jersey, identified in the indictment as “Individual-1.” Among other topics, Calderon and Individual-1 discussed plans to distribute crystal methamphetamine, heroin, and cocaine in the New Jersey area. Calderon and Individual-1 ultimately settled on that plan that involved Calderon and others outside the prison sending a package containing controlled substances to a business center in Edison, New Jersey.
Shortly before the package arrived, Calderon informed Individual-1 by telephone that he was sending Individual-1 a package containing four ounces each of heroin and cocaine. Calderon stated that the package would also likely contain two ounces or more of crystal methamphetamine. Calderon told Individual-1 that the total cost for the heroin, cocaine, and crystal methamphetamine was $9,000, and stated that Individual-1 could keep the proceeds made from selling the drugs once Individual-1 paid Calderon for the shipment. Calderon subsequently gave Individual-1 the names that would appear on the package and the tracking number.
On Nov. 4, 2015, federal agents lawfully intercepted and searched the package. The search revealed approximately 95.5 grams of heroin, 54.7 grams of cocaine, and 52.4 grams of methamphetamine hidden inside a box of Little Debbie Swiss Rolls.
In addition to the prison term, Judge Linares sentenced Calderon to 5 years of supervised release.
U.S. Attorney Carpenito credited special agents of the Department of Homeland Security (DHS), Homeland Security Investigations (HSI), under the direction of Special Agent in Charge Brian Michael, with the investigation leading to today’s sentencing. He also thanked Immigration and Customs Enforcement (ICE) Enforcement Removal Operations (ERO), the Calipatria State Prison, the Plainfield Police Department, the Union County Prosecutor’s Office, and the U.S. Attorney’s Office for the Central District of California for their assistance.
The government is represented by Assistant U.S. Attorneys Jamari Buxton of the U.S. Attorney’s Office Criminal Division and James Donnelly, Chief of the U.S. Attorney’s Office Violent Crimes Unit.
Defense counsel: Stacy Ann Biancamano Esq., Chatham, New Jersey
Luxury Yacht Captain Pleads Guilty in Death of Boater off Rhode Island CoastRead the Press Release
PROVIDENCE, RI – The licensed captain who was at the helm of a 60-foot luxury yacht when it collided with a 23-foot powerboat in waters off the coast of Westerly, R.I., on September 22, 2015, that resulted in the death of the operator of the powerboat pleaded guilty in federal court in Providence today to a charge seaman’s manslaughter.
Cooper “Chick” Bacon, 79, of Cape May, N.J., was piloting the unregistered yacht, the Princess 60, from an indoor salon when it struck the powerboat. The collision resulted in the death of Walter S. Krupinski, 81, of Norwalk, Conn., the only person onboard the powerboat, the Peggy K.
Bacon had been hired to pilot the Princess 60 from Newport, R.I., to a boat show in Stamford, Conn.
According to information presented to the Court, GPS data collected from the GPS system aboard the Princess 60 indicated the yacht approached the powerboat at an average speed of 25.2 knots. The Princess 60 was equipped with an operating horn, VHF marine radiotelephone, navigation system, and radar system, among other safety equipment.
Prior to the collision, the defendant failed to take precautions required by the ordinary practice of a seaman. Bacon did not post his First Mate to lookout, did not make proper use of radar, and did not himself see the powerboat in time to avoid the collision. As a result of his failure to see the Peggy K, Bacon did not make passing arrangements, sound the horn, change course, slacken speed, or stop or reverse propulsion to avoid a collision.
After the collision, Bacon failed to make proper use of the VHF marine radiotelephone by notifying the United States Coast Guard of the emergency.
Mr. Krupinski died as a result of multiple blunt force injuries sustained when the 67,241-pound yacht ran up and over the open cockpit of the powerboat.
Bacon’s guilty plea before U.S. District Court Judge John J. McConnell, Jr., to seaman’s manslaughter is announced by United States Attorney Stephen G. Dambruch; Admiral Steven Poulin, Commander of the First Coast Guard District, United States Coast Guard; and Richard Cox, Special Agent in Charge of United States Coast Guard Investigative Service, New England Region.
Bacon is scheduled to be sentenced on January 17, 2019.
The case is being prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.
The matter was investigated by the United States Coast Guard Investigative Service.
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Louisiana Man Pleads Guilty to Attempted Bank RobberyRead the Press Release
U.S. Attorney Peter G. Strasser announced that MICHAEL COLLIER, age 56, of New Orleans, pleaded guilty before United States District Judge Jay C. Zainey.
According to the indictment filed in this case, on April 25, 2018, COLLIER attempted to rob the Capital One Bank located at 2700 South Claiborne Avenue, New Orleans, LA.
COLLIER faces a sentence of up to twenty years in prison, a fine of up to $250,000, and up to three years supervised release. He is scheduled to be sentenced on January 29, 2019.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant U.S. Attorney Gregory Kennedy is in charge of the prosecution.
Killeen Husband and Wife Plead Guilty to Federal Child Exploitation ChargesRead the Press Release
United States Attorney John F. Bash, Secret Service Special Agent in Charge Paul Duran, and Texas State Attorney General Ken Paxton announced that 26-year-old Christopher Almaguer and his wife, 27-year-old Sarah Rashelle Almaguer, of Killeen pled guilty today in Waco, Texas, to one count of sexual exploitation of children and one count of production of child pornography. The Almaguers each face a mandatory minimum term of 15 years up to 30 years in federal prison on each count.
Appearing before United States Magistrate Judge Jeffrey C. Manske, the Almaguers admitted that in December 2017 they uploaded sexually explicit videos of themselves sexually assaulting children as young as eight months old. According to court records investigators compiled a list of approximately 25 potential minor child victims, ranging in age from infants to fourteen years of age, from the Central Texas area.
The Almaguers have remained in custody since their arrests by investigators with the Texas Office of Attorney General, Child Exploitation Unit, and special agents with the United States Secret Service in February 2018. Sentencing has been scheduled before United States District Judge Alan D. Albright for January 29, 2019.
This case was investigated by the Texas Office of the Attorney General, Criminal Investigations Division, Child Exploitation Unit, the United States Secret Service and the Killeen Police Department. Assistant United States Attorney Gregory S. Gloff is prosecuting this case on behalf of the Government.Justice Department Reports Major Increases in Victim Reporting and Number of Lawsuits Filed in One Year Since Launch of Initiative to Combat Sexual Harassment in HousingRead the Press Release
The Justice Department today announced the one-year anniversary of its initiative to combat sexual harassment in housing. Since its launch in October 2017 and nationwide expansion in April 2018, the Department has seen a major upswing in both reporting and enforcement. Over the past year, the Department has:
- Opened 34 new sexual harassment matters. This is more than any previous year and nearly five times the number of matters opened in the prior year.
- Filed six pattern-or-practice lawsuits challenging alleged sexual harassment in housing. This is more than the Department has filed in any previous year.
- Western District of Michigan - United States v. Tjoelker,
- District of Kansas - United States v. Cao Properties and Rentals,
- Southern District of Ohio - United States v. Klosterman,
- Northern District of New York - United States v. Waterbury,
- Northern District of Alabama - United States v. Hames,
- Western District of Oklahoma - United States v. Pelfrey.
“This important initiative is giving a voice to victims of sexual harassment in housing. It also sends the strong message that the Department is listening to victims and taking action against landlords and managers who attempt to prey on vulnerable individuals all over the country,” said Acting Assistant Attorney General John Gore for the Civil Rights Division. “The Justice Department remains committed to our goal to make more people aware that no one should have to choose between a home and the right to be free from sexual harassment.”
“A home can never be a place of peace and comfort for individuals who are subjected to sexual harassment,” said Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “We still have work to do, but the initiative has taken tremendous steps this past year toward addressing this unlawful behavior and the Justice Department and HUD remain committed to doing even more to inform the public about their housing rights.”
The Department took several steps this past year to drive an increase in reporting and enforcement.
First, the Department held 20 roundtables about sexual harassment in housing at U.S. Attorneys’ Offices across the country. At these events, the Department creates opportunities for collaboration with local community partners, including engaging local law enforcement officers, legal aid offices, fair housing organizations, universities, civil rights organizations, and other groups.
U.S. Attorney Roundtables Hosted this Year:
Central District of California
District of Colorado
Middle District of Florida
Northern District of Georgia
Northern District of Iowa
District of Maryland
District of Massachusetts
Eastern District of Michigan
District of Minnesota
District of New Jersey (2)
Eastern & Southern Districts of New York (joint)
Northern District of Ohio
Eastern District of Pennsylvania
District of South Dakota
Northern District of Texas
District of Vermont
Western District of Virginia (2)
Second, the Department created an outreach toolkit designed to leverage the nationwide network of U.S. Attorney’s Offices and boost local outreach about sexual harassment in housing.
Third, the Department released a Public Service Announcement (PSA), in conjunction with the U.S. Department of Housing and Urban Development (HUD), featuring three women who were identified as victims of sexual harassment in DOJ lawsuits. The Department developed a 60-second video featuring three women who were injured parties in sexual harassment lawsuits brought by the Department under the Fair Housing Act. In the PSA, the women, in their own words, share the stories of how they were harassed and the impact the experience has on their lives. The PSA is posted on the Department’s YouTube channel.
Fourth, the Department launched a webpage on sexual harassment in housing. It is available in both English and Spanish. The webpage has resources available to download. This includes a partnership toolkit, flyers in 11 languages (English, Spanish, Arabic, Chinese (simplified), Chinese (traditional), Haitian Creole, Hindi, Korean, Tagalog, Urdu, and Vietnamese), palm cards in English and Spanish, and information sheets for advocates in English and Spanish.
Finally, the Department and HUD launched a new Task Force to Combat Sexual Harassment in Housing. It is focused on five key areas: continued data sharing and analysis, joint development of training, evaluation of public housing complaint mechanisms, coordination of public outreach and press strategy, and review of federal policies. The Task Force has facilitated collaboration between DOJ and HUD in drawing attention to the national PSA, including distributing it to public housing authorities, on HUD’s YouTube channel, and through social media.
More information about the Civil Rights Division and the civil rights laws it enforces is available at justice.gov/crt. If you believe you may be a victim of sexual harassment in housing, you should:
- call the Justice Department at 1-844-380-6178,
- send an e-mail to [email protected], or
- contact HUD at 1-800-669-9777.
If you have information or questions about any other housing discrimination, you can contact the Department at 1-800-896-7743.
Justice Department Protects Eastern District of Texas Election ProcessRead the Press Release
BEAUMONT, Texas – United States Attorney Joseph D. Brown announced today that Assistant United States Attorneys (AUSAs) have been appointed to 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 Michelle Englade has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Texas, 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 Brown 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 Brown said that in addition to AUSA/DEO Englade, AUSAs Allen Hurst and M. Andrew Stover will be on duty in the Eastern District of Texas while the polls are open. AUSA Englade can be reached by the public in Beaumont at 409-839-2538, AUSA Hurst can be reached in Tyler, Texas, at 903-590-1400, and AUSA Stover can be reached in Plano, Texas, at 972-509-1201.
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 FBI can be reached by the public in the Eastern District of Texas at the following telephone numbers:
Beaumont – 409-832-8571
Frisco – 214-705-7000
Lufkin – 936-637-3834
Sherman – 903-892-8754
Texarkana – 870-773-3382
Tyler – 903-592-4301Complaints 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 Brown 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.”
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Justice Department Continues to Protect the Right to Vote and Prosecute Ballot FraudRead the Press Release
In anticipation of the upcoming general elections, the Department of Justice today provided information about its efforts through the Civil Rights Division and Criminal Division 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.
“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.”
Civil Rights Division:
The Civil Rights Division is responsible for ensuring compliance with the civil provisions of federal statutes that protect the right to vote, and with the criminal provisions of federal statutes prohibiting discriminatory interference with that right.
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. Among other things, collectively, these laws:
- prohibit election practices that have either a discriminatory purpose based on race or membership in a minority language group or a discriminatory result such that members of racial or language minority groups have less opportunity than other citizens to participate in the political process;
- prohibit intimidation of voters;
- provide that voters who need assistance in voting because of disability or illiteracy can obtain assistance from a person of their choice (other than agents of their employer or union);
- provide for accessible voting machines for voters with disabilities;
- provide for provisional ballots for voters who assert they are registered and eligible but whose names do not appear on poll books;
- provide for absentee registration and ballots for uniformed service members, their family members and U.S. citizens living abroad;
- provide that citizens can register to vote through drivers’ license, public assistance or disability services offices, and through the mail; and
- include requirements regarding maintaining voter registration lists.
The Civil Rights Division’s Criminal Section enforces federal criminal statutes that prohibit voter intimidation and voter suppression based on race, color, national origin or religion.
On Election Day, Nov. 6, 2018, the Civil Rights Division will implement a comprehensive program to help protect the right to vote that will include the following:
- The Civil Rights Division will conduct monitoring in the field at polling places around the country.
- Civil Rights Division staff in Washington, D.C., will be ready to receive election-related complaints of potential violations relating to any of the federal statutes the division enforces. The division will take appropriate action and will coordinate with other entities within the Department of Justice concerning these complaints before, during, and after Election Day.
- Civil Rights Division staff will be available to receive complaints related to voting by telephone (1-800-253-3931 toll free or 202-307-2767) or by TTY (202-305-0082), by fax (202-307-3961), by email ([email protected]), and, by complaint form on the Department’s website at https://www.justice.gov/crt/voting-section.
Complaints related to violence, threats of violence, or intimidation at a polling place should always be reported immediately to local authorities by calling 911. They should also be reported to the Department after local authorities are contacted.
Criminal Division and the Department’s 94 U.S. Attorneys’ Offices:
The Department’s Criminal Division oversees the enforcement of federal laws that criminalize certain forms of election fraud and protect the integrity of the federal election process.
The Criminal Division’s Public Integrity Section and the Department’s 94 U.S. Attorneys’ Offices are responsible for enforcing the federal criminal laws that prohibit various forms of election fraud, such as vote buying, multiple voting, submission of fraudulent ballots or registrations, alteration of votes, and malfeasance by election officials. The Criminal Division is also responsible for enforcing federal criminal law prohibiting voter intimidation for reasons other than race, color, national origin, or religion (as noted above, voter intimidation that has a basis in race, color, national origin or, religion is addressed by the Civil Rights Division).
The U.S. Attorney’s Offices around the country designate Assistant U.S. Attorneys who serve as district election officers (DEOs) in the respective districts. DEOs are responsible for overseeing potential election-crime matters in their districts, and for coordinating with the Department’s election-crime experts in Washington, D.C.
On Nov. 6, the U.S. Attorneys’ Offices will work with specially trained FBI personnel in each district to ensure that complaints from the public involving possible voter fraud are handled appropriately. Specifically:
- In consultation with federal prosecutors at the Public Integrity Section in Washington, D.C., the District Election Officers in U.S. Attorneys’ Offices, FBI officials at Headquarters in Washington, D.C., and FBI special agents serving as Election Crime Coordinators in the FBI’s 56 field offices will be on duty while polls are open, to receive complaints from the public.
- Election-crime complaints should be directed to the local U.S. Attorney’s Offices or the local FBI office. A list of U.S. Attorneys’ Offices and their telephone numbers can be found at https://www.justice.gov/usao/find-your-united-states-attorney. A list of FBI offices and accompanying telephone numbers can be found at www.fbi.gov/contact-us.
- Public Integrity Section prosecutors are available to consult and coordinate with the U.S. Attorneys’ Offices and the FBI regarding the handling of election-crime allegations.
Complaints related to violence, threats of violence, or intimidation at a polling place should be reported first to local police authorities by calling 911.
Both protecting the right to vote and combating election fraud are essential to maintaining the confidence of all Americans in our democratic system of government. The Department encourages anyone with information suggesting voting discrimination or ballot fraud to contact the appropriate authorities, and notes in particular that the Department of Homeland Security plays its own important role in safeguarding critical election infrastructure from cyber and other threats.
Jefferson Dispatcher Pleads Guilty to Wire FraudRead the Press Release
U.S. Attorney Peter G. Strasser announced that NICOLE SERUNTINE, age 35, an employee of Company A.M.M., pleaded guilty today to a one-count Bill of Information charging her with wire fraud.
According to the Bill of Information, from around June 2010 through February 2017, NICOLE SERUNTINE worked as a secretary and dispatcher at Company A.M.M., located in Jefferson, Louisiana. Around October 2014 through February 17, 2017, SERUNTINE devised a scheme to defraud Company A.M.M. out of more than $500,000 by using her role as administrative assistant to order a fuel card that she was not entitled to use, and unlawfully used it for her own personal expenses, including food, gas, and cash advances.
NICOLE SERUNTINE could face up to 20 years imprisonment, a fine of up to $250,000 or twice the gross gain or loss, 3 years of supervised release, and a special assessment of $100.
U.S. Attorney Peter G. Strasser stated that a Bill of Information is merely an accusation and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case is being investigated by the United States Secret Service. Assistant U.S. Attorney Sharan E. Lieberman is in charge of the prosecution.
Jackson Man Sentenced to Almost Twenty Years in Believed to be Largest Ponzi Scheme in State HistoryRead the Press Release
Jackson, Miss. – Arthur Lamar Adams, 58, of Jackson Mississippi, was sentenced today to 235 months in federal prison for wire fraud involving a large, multi-state Ponzi scheme involving more than one hundred million dollars and hundreds of victims spanning a number of years, announced U.S. Attorney Mike Hurst and FBI Special Agent in Charge Christopher Freeze.
United States District Judge Carlton Reeves sentenced Adams to serve nineteen and a half years in prison, followed by three years of supervised release, on a charge of wire fraud involving a scheme and artifice to defraud investors in connection with a Ponzi scheme using Madison Timber Properties, LLC, a company wholly owned by Adams. Judge Reeves ordered full restitution to be paid to the victims of the scheme. During the last year of the scheme, Adams fraudulently obtained in excess of $164.5 million dollars from more than 320 investors located in at least 14 different states.
"Justice was served today, but does not end today. While this fraudster will now spend almost the rest of his entire life behind bars, we will not rest until restitution is recovered and victims are restored. My heart goes out to those who lost their retirement, their life savings, their life lines to this greedy, selfish man. Rest assured that we will continue to work with our federal, state and local partners to root out fraud in the future and bring these criminals to justice," said U.S. Attorney Mike Hurst.
Over a period of at least 7 years, Adams executed this sophisticated Ponzi scheme using Madison Timber Properties, LLC, a company wholly owned by Adams. From as early as 2011 through April 2018, Adams’s scheme defrauded investors by soliciting millions of dollars of funds under false pretenses, failing to use the investors’ funds as promised, and converting investors’ funds to Adams’s own benefit without the knowledge of the investors. Instead of investing his clients’ money, Adams used the invested funds for his own personal benefit and for purposes other than those represented to investors, which also included making payments due and owing to other investors, thus perpetuating the Ponzi scheme. During the fraudulent scheme, Adams fraudulently obtained well in excess of one hundred million dollars from more than 250 investors located in at least 14 different states.
As part of his fraudulent scheme, Adams falsely represented to investors that Madison Timber Properties was in the business of buying timber rights from landowners and then selling the timber rights to lumber mills at a higher price. The object of the scheme was to cause
individuals to invest in loans that purportedly were for the purpose of financing contracts for the purchase of timber rights to be sold to lumber mills at a higher price. However, neither Adams nor Madison Timber Properties had such timber rights or contracts with lumber mills, except in only a few instances.
Adams entered into fraudulent investment contracts with investors, most often in the form of promissory notes on behalf of Madison Timber Properties. The loans typically guaranteed investors an interest rate of 12-13%, with the interest to be repaid to investors over the course of 12-13 months. The monthly payments due on these promissory notes were typically due on either the first or the fifteenth of the month.
Adams created false documents causing investors to believe that their investments were secured by sufficient collateral from which they could recover all or part of their investment in the event that Madison Timber Properties defaulted on the loans. Specifically, Adams created false timber deeds purporting to be contracts conveying timber rights from landowners to Madison Timber Properties. Adams forged the signatures of landowners and also created false timber deeds purporting to convey timber rights from Madison Timber Properties to the investors.
The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Dave Fulcher.
Insider Trading Defendant Sentenced to Federal PrisonRead the Press Release
BATON ROUGE, LA – United States Attorney Brandon J. Fremin announced today that U.S. District Judge John W. deGravelles sentenced SALVADOR JOSEPH RUSSO, III, age 35, of Baton Rouge, Louisiana, to 16 months in federal prison following his convictions for securities fraud (insider trading) and conspiracy to commit securities fraud. The Court also sentenced RUSSO to 1 year of supervised release following his term of imprisonment.
In May of this year, a jury found RUSSO and his co-defendants guilty as charged in connection with an insider trading scheme related to the 2012 acquisition of the Shaw Group (“Shaw”) by Chicago Bridge and Iron Company (“CB&I”). According to evidence presented at trial, in mid-2012, Shaw was considering a potential merger opportunity. At the time, Kelly Liu was a Shaw employee working in the Financial Planning and Analysis Department. In July 2012, Shaw and CB&I came to an agreement on an offer for CB&I to buy Shaw. This merger between the two companies was publicly announced on July 30, 2012 (“the public announcement”). As a result of the public announcement, Shaw’s stock price rose by around 55 percent.
At the time of the public announcement, RUSSO, a car salesman in Baton Rouge, had been Liu’s boyfriend for several years.
The evidence at trial established that, prior to the public announcement and through her job at Shaw, Liu had obtained inside information that Shaw was going to be acquired by another company and had passed the inside information to Victory Ho, through another individual, and to RUSSO, for their use in trading Shaw stock and options. Thereafter, Victory Ho and RUSSO purchased Shaw stock and options before the public announcement. Through his timely $5,000 purchase of Shaw stock in a family member’s account, RUSSO secured a profit of approximately $4,000.
During the sentencing hearing, the Court found that RUSSO had obstructed justice through his testimony at the trial.
United States Attorney Fremin stated, “The manipulation of our securities market undermines those honest investors who take great care to play by the rules when investing their hard earned income. This sentence should send a clear message to anyone who uses insider trading information that this type of behavior will not be tolerated by my office. I am grateful for the tireless efforts of our prosecutors and law enforcement partners from the FBI, Secret Service, and IRS who worked diligently on this important matter.”
Co-defendant Victory Ho, a Morgan City businessman and associate of RUSSO, was sentenced to 32 months in federal prison last week following his convictions in the same scheme. Victory Ho was also ordered to forfeit over $300,000 and to pay a $15,000 fine.
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana and the Baton Rouge offices of the FBI, Secret Service, and IRS-Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Chris Dippel and Patricia Jones.
Illinois Man Sentenced to 11 Years in Prison for Running California-Based Synthetic Drug Trafficking RingRead the Press Release
FRESNO, Calif. — Douglas Jason Way, aka Jason Way, 45, of Evanston, Illinois, was sentenced Monday to 11 years in prison following his conviction by a jury on five felony drug charges and two fraudulent misbranded drug charges, announced U. S. Attorney McGregor W. Scott; Special Agent in Charge Christopher Nielsen, Drug Enforcement Administration, San Francisco Field Division; and Special Agent in Charge Tara Sullivan, IRS Criminal Investigation, Oakland Field Office.
The convictions concerned the manufacture and distribution of 24 tons of synthetic cannabinoids or designer drugs, commonly known at the street level as “spice,” “K2,” “herbal incense,” or “potpourri.”
Way was convicted following a four-week jury trial in federal court in Fresno in June and July 2018. Following his release from prison, Way will serve a three-year term of supervised release. As a further part of the sentence, U.S. District Judge Dale A. Drozd ordered a money judgment of $589,199.48 against Way. In addition to this money judgment, the U.S. Attorney’s Office previously forfeited more than $6.5 million of drug proceeds: $6,488,000 in cash and $191,000 in other assets, including a 2013 Ford F350 pickup truck and a 2014 Airstream travel trailer.
“Way led an illegal business manufacturing and distributing large quantities of harmful, mislabeled synthetic cannabinoids nationwide for profit,” said United States Attorney Scott. “The sentence imposed today reflects the seriousness of that crime and the danger these drugs pose to our communities. I am grateful to the dedicated efforts of our federal law enforcement partners, who conducted an intensive two-year investigation that led to Way’s prosecution and conviction, as well as the disgorgement of his illegally-gotten gains. We will continue to investigate and prosecute drug traffickers who masquerade as legitimate businessmen.”
“Synthetic cannabinoids are dangerous designer drugs that destroy lives. Today, Way is being held accountable for producing this poison and distributing it in communities throughout the country,” stated DEA Special Agent in Charge Chris Nielsen. “The success of this extensive investigation can be attributed to strong law enforcement partnerships and good police work.”The trial evidence established that Way was the Executive Leader of ZenBio, LLC, a company that manufactured and distributed misbranded synthetic cannabinoids throughout the country, including to Stuffed Pipe smoke shops and other retail establishments in the Central Valley. The processing labs were located in Millbrae and Stockton, California, where raw synthetic drugs from China would be diluted with acetone and mixed in cement mixers with flavoring and smokeable dried plant material. The finished product would be packaged in opaque metallic bags and sold as “potpourri” or “incense” under various brand names, including Bizarro, Headhunter, Neutronium, Sonic Zero, and Orgazmo. Documents found at the processing labs and in their computers showed that Way understood that XLR11, also known as 5-F-UR-144, one of the synthetic substances used in ZenBio products, were controlled substance analogues, that is, designer drugs that were substantially similar in chemical composition and pharmacological effect to a schedule I controlled substance. Way took significant steps to evade detection by law enforcement. After law enforcement seizures of raw chemicals and finished synthetic cannabinoid products, he would reship the substances using a different carrier. He would not disclose the ingredients or potential adverse effects of the products. In fact, he would send lab reports with purchased goods that indicated what substances were not contained in the shipment. When confronted by DEA and IRS agents, he insisted that he was selling incense and that the drugs in China were added for a “smoldering” effect.
During the brief lifespan of ZenBio, Way made $589,199.48 in three months, and the company earned over $32 million. ZenBio employed about 200 employees who manufactured, shipped, and sold their products. The evidence at trial also showed that Way negotiated for the purchase of large quantities of XLR11 from China to manufacture the finished smokeable product.
At Way’s sentencing, Dr. Jordan Trecki, a DEA pharmacologist, testified that XLR11 can cause severe toxic effects, including acute kidney damage, organ and respiratory failure, rapid heartbeat, hypothermia, and death. The drug first made its appearance in the United States in 2011 and was scheduled by the DEA as a Schedule I controlled substance in May 2013.This case was the product of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by the DEA, IRS Criminal Investigations, and Homeland Security Investigations (HSI), with assistance from the Food and Drug Administration (FDA), and the Fresno County Sheriff’s Office. Numerous other law enforcement agencies assisted in follow-up investigation, including the St. Cloud, Minnesota Police Department; Mars Hill, North Carolina Police Department; Montgomery County, North Carolina Sheriff’s Office; Buncombe County, North Carolina, Sheriff’s Office; and Willis, Texas Police Department.
The OCDETF Program was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. This OCDETF investigation was also part of a nationwide law enforcement effort coordinated by the DEA’s Special Operations Division. Assistant United States Attorneys Karen A. Escobar and Vincenza Rabenn prosecuted the case.
Huntington Beach Man Pleads Guilty to Filing a False Tax Return That Failed to Report over $2 Million Held in Offshore Israeli Bank AccountRead the Press Release
A Huntington Beach man pleaded guilty yesterday to filing a false tax return that failed to report millions of dollars in foreign bank accounts and the resulting income, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court documents, Elie Waknine, of Huntington Beach, California, held millions of dollars in an offshore account in Israel at Bank Leumi Le-Israel B.M. from approximately 1994 to 2011. Despite having this account, Waknine filed a tax return for 2007 that falsely claimed he did not have financial interest in or signature authority over any foreign financial accounts. In an effort to further hide his money, Waknine instructed Bank Leumi to hold bank mail from delivery to the United States, and obtained access to his offshore funds through the use of “back-to-back” loans, which were designed to enable borrowers to tap their concealed accounts. These lending arrangements permitted Waknine to have funds issued by Leumi’s U.S. branch that were secretly secured by funds in his undeclared accounts in Israel. In 2011, Waknine closed his Bank Leumi Israel account, but used the $2.4 million he received from closing the account to open a new undisclosed foreign bank account at another bank in Israel. Over the period 1994-2015, Waknine held undisclosed foreign bank accounts in four banks in three countries, each with assets of at least $1 million.
In December 2014, Bank Leumi entered into a deferred prosecution agreement, in which the bank admitted to conspiring from at least 2000 until early 2011 to aid and assist U.S. taxpayers to prepare and present false tax returns by hiding income and assets in offshore bank accounts in Israel and other foreign locations. Under the terms of the deferred prosecution agreement, Bank Leumi paid the United States a total of $270 million and continues to cooperate with respect to civil and criminal tax investigations.
U.S. citizens, resident aliens, and permanent legal residents with a foreign financial interest in or signatory authority over a foreign financial account worth more than $10,000 are required to file an FBAR each year disclosing the account, and are required to report the account and any resulting income on their annual tax returns.
Waknine faces a maximum sentence of three years in prison, as well as a period of supervised release, restitution and monetary penalties. District Court Judge David O. Carter set Waknine’s sentencing for January 28, 2019.
Principal Deputy Assistant Attorney General Zuckerman commended special agents from IRS-Criminal Investigation, who investigated the case, and Tax Division Assistant Chief Elizabeth Hadden and Trial Attorney Eric Schmale, who are prosecuting the case. The Tax Division thanks the U.S. Attorney’s Office of the Central District of California for its assistance.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Harrisburg Man Pleads Guilty to Possession of Stolen GunRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Tommy Lee Phillips, age 30, of Harrisburg, Pennsylvania, pled guilty on October 29, 2018, before Chief U.S. Magistrate Judge Martin C. Carlson for being a felon in possession of a stolen handgun.
According to United States Attorney David J. Freed, on October 10, 2017, Harrisburg Police responded to a call of a man with a gun at a Harrisburg bar. When officers responded, they observed Phillips on the street near the bar. After running from police, officers arrested Phillips and found near where he was arrested a stolen .380 caliber handgun. Phillips was previously convicted in federal court for robbery, therefore he was prohibited by law from possessing a firearm.
No sentencing date has been scheduled as of yet.
The case was investigated by the Federal Bureau of Investigation and the Harrisburg Police Department. Assistant U.S. Attorney Michael Consiglio is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for these offenses is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Glendale Woman Sentenced for Filing False Tax ReturnsRead the Press Release
PHOENIX – On Oct. 29, 2018, Jenniffer Torner Lopez, 40, of Glendale, Ariz., was sentenced by U.S. District Judge Diane J. Humetewa to fifteen months incarceration. Torner had previously pleaded guilty to one count of fraud in connection with identification documents and a separate count of illegal reentry after deportation.
In her plea agreement, Torner admitted to engaging in a false tax preparation scheme out of, and storing foreign identification cards in, her home. She used the identification cards to obtain taxpayer identification numbers and file returns for foreign nationals, many of whom neither lived nor worked in the United States. The Internal Revenue Service paid out over $246,000 in tax refunds as a result of Torner’s scheme, and she put some of her share of this money towards the purchase of her residence. As part of the plea agreement, the Court ordered Torner to pay restitution to the Internal Revenue Service, which will be satisfied in part by the forfeiture of Torner’s home.
The investigation preceding the indictment was conducted by the Internal Revenue Service-Criminal Investigations, with assistance from Homeland Security Investigations. The prosecution was handled by Gary M. Restaino and Mark J. Wenker, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-18-139-PHX-DJH
RELEASE NUMBER: 2018-142_Torner
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Former Valeant Executive and Former Philidor CEO Sentenced for Illegal Kickback SchemeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that GARY TANNER, a former executive at Valeant Pharmaceuticals International, Inc. (“Valeant”), was sentenced today to 1 year and 1 day in prison, and ANDREW DAVENPORT, the former chief executive officer (“CEO”) of Philidor Rx Services LLC (“Philidor”), was sentenced today to 1 year and 1 day in prison, after having been found guilty by a federal jury for engaging in a multimillion-dollar kickback scheme. TANNER and DAVENPORT were sentenced in Manhattan federal court by Senior United States District Judge Loretta A. Preska, who also presided over the defendants’ four-week jury trial in May 2018.
U.S. Attorney Geoffrey S. Berman said: “Gary Tanner and Andrew Davenport conspired to deceive and defraud Tanner’s employer, Valeant, in order to enrich them both. Tanner was entrusted to manage Valeant’s relationship with Davenport’s company. Instead, they devised a scheme to pillage Valeant and share the proceeds. Now Tanner and Davenport have been sentenced for their crimes.”
According to the allegations in the charging documents, statements made in court proceedings, and the evidence introduced at trial:
Valeant is a publicly traded pharmaceutical manufacturer headquartered in Canada, with its principal place of business in New Jersey. Philidor was a specialty mail order pharmacy that was formed in or about January 2013 with the assistance of Valeant. During the course of Philidor’s existence, at least 90 percent of the drugs dispensed by Philidor were Valeant-branded drugs.
TANNER was the Valeant executive primarily responsible for managing Valeant’s relationship with Philidor. TANNER was also responsible more broadly for Valeant’s alternative fulfillment (“AF”) program. Through its AF program, Valeant sought to increase doctor prescriptions and patient purchases of Valeant pharmaceuticals instead of generic substitutes or alternatives by helping obtain insurance coverage for those drugs or providing other incentives for prescription and purchase of Valeant drugs. As part of his work at Valeant, TANNER interacted directly with Philidor’s executives, including DAVENPORT, and senior Valeant executives.
Valeant and Philidor began negotiations for Valeant to purchase Philidor, and Valeant ultimately purchased an option to buy Philidor (the “Option”) in exchange for $133 million in payments to Philidor’s owners, and the promise of $100 million in additional milestone payments if Philidor were to meet certain sales targets. Despite the duty of loyalty owed by TANNER to Valeant, during negotiations relating to the Option, TANNER and DAVENPORT secretly made preparations for TANNER to receive a multimillion-dollar kickback out of the money that Valeant was going to pay Philidor’s owners for the Option. Among other things, TANNER and DAVENPORT set up shell company bank accounts in order to launder the kickbacks to TANNER. While these preparations were underway, TANNER secretly advised DAVENPORT on his negotiations with Valeant. TANNER did this in contravention of his duties to Valeant and despite the fact that he was also internally advising Valeant in its negotiations with DAVENPORT about the Option.
In addition to secretly helping DAVENPORT negotiate against Valeant in exchange for the promise of a kickback from DAVENPORT, TANNER took other actions to benefit Philidor and DAVENPORT personally, and against the direction of his supervisors at Valeant. For example, TANNER’s supervisors directed him to identify other pharmacies that Valeant could use to distribute its drugs, in order to minimize the risks of overreliance on Philidor. TANNER deceived his supervisors into believing that he was pursuing their direction in good faith when, in fact, he lied about participating in meetings and doing due diligence on potential competitors to Philidor. In addition, TANNER helped Philidor and DAVENPORT secure favorable payment terms.
In order to keep their scheme hidden from Valeant, TANNER often used a Philidor email account that TANNER maintained in the name of “Brian Wilson” to communicate with DAVENPORT. TANNER also pretended to be Brian Wilson in at least one meeting that he and DAVENPORT participated in on behalf of Philidor.
In December 2014, Valeant acquired the Option. DAVENPORT, through two different entities that he controlled, received approximately $50 million of the $133 million that Valeant paid. DAVENPORT transferred $9.7 million of that amount to TANNER through a shell company he controlled, and then to a shell company controlled by TANNER, an entity called Befrielse Consolidated, LLC (“Befrielse”). TANNER concealed his receipt of this money from Valeant, in violation of his fiduciary duties to Valeant, and in violation of Valeant’s conflict of interest policies. Prior to receiving the funds, TANNER had repeatedly certified to Valeant that he was in full compliance with Valeant’s Standards of Business Conduct, which prohibited any conflicts of interest without full disclosure and approval by company management.
After the Option purchase was completed, TANNER continued to use his position at Valeant to advance the interests of Philidor and DAVENPORT, including by resisting Valeant’s efforts to collect payments from Philidor owed to Valeant and pursuing milestone payments under the terms of the Option that he secretly expected to share in. In communications concerning the scheme, using TANNER’s secret Brian Wilson email account, DAVENPORT discussed with TANNER how TANNER would secretly continue to promote DAVENPORT’s interests, even while he purported to represent Valeant’s interests as the Valeant executive responsible for Philidor. Among other things, DAVENPORT stated that he pictured his and TANNER’s “butch and sundance ride into the sunset (or off the cliff as in the flick),” to which TANNER responded, using the secret Brian Wilson account: “[G]ave me a good chuckle when I just saw it. Will have to keep playing the game :).”
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In addition to the prison sentence, Judge Preska sentenced TANNER, 41, of Gilbert, Arizona, and DAVENPORT, 50, of Haverford, Pennsylvania, to two years of supervised release, and ordered each to forfeit approximately $9.7 million.
TANNER and DAVENPORT were found guilty by a unanimous jury on May 22, 2018, of conspiracy to commit honest services wire fraud, honest services wire fraud, conspiracy to violate the Travel Act, and conspiracy to commit money laundering.
Mr. Berman praised the work of the Federal Bureau of Investigation, and thanked the United States Securities and Exchange Commission for its cooperation and assistance.
This case was prosecuted by the Office’s Securities and Commodities Fraud Task Force and its Complex Frauds and Cyber Crime Unit. Assistant U.S. Attorneys Richard Cooper and Amanda Kramer are in charge of the prosecution.
Former Union Treasurer Pleads Guilty to Embezzlement of Money from A Labor OrganizationRead the Press Release
OAKLAND – Susan Elizabeth Kyle pleaded guilty in federal court in Oakland to embezzlement of money from a labor organization by an officer, announced United States Attorney Alex G. Tse and Federal Bureau of Investigation (“FBI”) Special Agent in Charge John Bennett. The plea was accepted yesterday by the Honorable Haywood S. Gilliam, Jr., U.S. District Court Judge.
In pleading guilty, Kyle, 61, admitted to embezzling approximately $490,338 in funds that belonged to the union representing East Bay Regional Parks employees, the American Federation of State, County and Municipal Employees (“AFSCME”) Local 2428. Kyle served as the Treasurer of AFSCME Local 2428 between 1999 and 2014, with fiduciary responsibility for managing its funds. Kyle admitted she stole the money from AFSCME Local 2428 by instructing a payroll processing company to issue unauthorized payments to herself to which she was not entitled. Kyle admitted that she concealed her embezzlement from AFSCME Local 2428 by preparing reports that did not reflect the true expenditures.
On October 5, 2018, Kyle was charged by Information with one count of embezzlement of money from a labor organization by an officer, in violation of 29 U.S.C. § 501(c). Under the plea agreement, Kyle pleaded guilty to the count and agreed to pay full restitution to AFSCME Local 2428.
Kyle is currently released on bond pending sentencing. Judge Gilliam scheduled Kyle’s sentencing hearing for February 4, 2019. The maximum statutory penalty for a violation of 29 U.S.C. § 501(c) is five years and a fine of $10,000, plus restitution. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Christina McCall is prosecuting the case with the assistance of Vanessa Quant and Katie Turner. The prosecution is the result of an investigation by the FBI.
Former Owner and Manager of Dubai-Based Investment Fund Found Guilty in Manhattan Federal Court of Securities Fraud Related OffensesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that IRFAN AMANAT, the former owner and manager of Enable Invest Ltd. (“Enable”), a Dubai-based investment fund, was found guilty yesterday in Manhattan federal court of various securities fraud-related offenses, after a trial presided over by U.S District Judge Paul G. Gardephe. This follows the December 2017 conviction of co-defendants Omar Amanat and Kaleil Isaza Tuzman.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As the jury found, Irfan Amanat lied to auditors, investors, and the SEC about millions of dollars of KIT digital and Maiden Capital funds that were lost or misappropriated. Irfan Amanat now awaits sentencing for his multimillion-dollar deception.”
According to the Indictment and other filings in Manhattan federal court and the evidence presented at trial, AMANAT was engaged in two related criminal schemes:
The first scheme involved a fraud on investors in Maiden Capital LLC (“Maiden Capital”), a hedge fund based in Charlotte, North Carolina. Stephen Maiden was the managing member of Maiden Capital. Between in or about March 2009 and in or about June 2012, AMANAT, along with Maiden and others, devised and carried out a scheme to hide the fact that investments by Maiden Capital in Enable, an investment vehicle owned and managed by AMANAT, had been lost. To facilitate the scheme, Maiden, with AMANAT’s assistance, generated fictitious client account statements that failed to disclose millions of dollars in Enable-related losses.
The second scheme involved accounting fraud at KIT digital (“KITD”), a publicly traded company based in New York, New York, and Prague, Czech Republic. From at least in or about 2009 through in or about 2012, AMANAT, along with Tuzman, KITD’s former CEO, and Robin Smyth, KITD’s former CFO, engaged in an illegal scheme to deceive KITD shareholders, members of the investing public, KITD’s independent auditors, and others concerning KITD’s true operating performance and financial results. Instead of informing KITD’s auditors and investors that millions of dollars that KITD had invested with Enable had been lost or fraudulently misappropriated, AMANAT falsely represented that KITD’s investment with Enable was sound and earning steady interest.
Following the jury’s verdict, the government moved for AMANAT to be remanded into custody because, as alleged by the government, AMANAT attempted to obstruct justice by seeking to procure false bank documents in order to falsely demonstrate that two cooperating witnesses who testified at the trial and the 2017 trial had been paid for their testimony. An evidentiary hearing on this issue commenced and will continue at a later date.
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AMANAT, 46, was found guilty of one count of conspiracy to commit wire fraud, and one count of wire fraud, each of which carries a maximum penalty of 20 years in prison, and one count of aiding and abetting investment advisor fraud, and one count of conspiracy to commit securities fraud, make false statements in annual and quarterly SEC reports, and make false statements to auditors, each of which carries a maximum penalty of five years in prison.
The maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the Court.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation and the U.S. Postal Inspection Service. He also thanked the SEC.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Damian Williams, Andrea M. Griswold, and Daniel M. Tracer are in charge of the prosecution.
Former Member of the U.S. Air Force Arrested on Federal Computer Fraud ChargesRead the Press Release
ALBUQUERQUE – Michael Weber, 22, of Alamogordo, N.M, made his initial appearance this afternoon in federal court in Albuquerque, N.M., on a criminal complaint charging him with a computer fraud offense. Weber remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for tomorrow.
FBI agents arrested Weber early this morning at a residence in Alamogordo. According to the criminal complaint, Weber allegedly placed a program, information, code, or command known as a “spam bot” onto a government-issued cellular phone assigned to Weber’s supervisor on Jan. 16, 2018. The “spam bot” allegedly caused the cellular phone to receive a long string of messages allegedly intended to cause damage to the cellular phone. At the time he allegedly committed the offense, Weber was an Airman with the U.S. Air Force and was stationed at Cannon Air Force Base, N.M.
The statutory penalty for a conviction on the computer fraud offense is a maximum of ten years in federal prison and a $250,000 fine. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney Sean J. Sullivan.
Weber Complaint