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23 October 2018
Former IRS-CI Special Agent Sentenced to Prison for Filing False Tax Returns, Theft of Government Money and Obstruction of JusticeRead the Press Release
A former special agent for the Internal Revenue Service-Criminal Investigation was sentenced to serve 51 months in prison for filing false tax returns, obstruction of justice, and stealing government money, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Alex G. Tse for the Northern District of California.
According to the evidence introduced at trial, Alena Aleykina, 45, who is also a Certified Public Accountant and holds a master’s degree in business administration, filed six false tax returns – three personal tax returns for years 2009, 2010, and 2011, and three in the names of trusts she created for years 2010 and 2011. On her personal tax returns, Aleykina fraudulently claimed the head of household filing status, listed false dependents, and claimed deductions for education expenses to which she was not entitled. Aleykina also obtained a fraudulent legal separation decree from the California Superior Court for Yolo County so that she and her husband could claim rental real estate loss deductions to which they were not entitled. Further, on a trust tax return, she falsely claimed to be paying wages to her mother and her sister to care for her son and father.
Additionally, Aleykina stole government funds and obstructed justice during the investigation. She stole from the IRS’s Tuition Assistance Program, a program created to allow IRS employees to take job-related classes from local colleges and educational institutions. Aleykina falsely claimed to be taking English classes from a trust registered to her sister. As a result of these fake classes, Aleykina recieved $4,000 in tuition reimbursement from the Tuition Assistance Program. When criminal investigators approached Aleykina to retrieve her government laptop, Aleykina lied to the agents about the location of the laptop and deleted dozens of files from the computer after the agents left. The total loss to the government from Aleykina’s conduct is more than $50,000.
Aleykina was previously convicted in June after a two-week federal jury trial in the Eastern District of California of filing false tax returns, destroying records in a federal investigation, and theft of government money.
In addition to the term of prison imposed, Aleykina was also ordered to serve one year of supervised release and to pay $4,000 in restitution to the Internal Revenue Service (IRS).
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Tse commended special agents of the Treasury Inspector General for Tax Administration and IRS-Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney William Frentzen and Tax Division Trial Attorneys Arthur J. Ewenczyk and Charles O’Reilly, who prosecuted the case.
Former IRS-CI Special Agent Sentenced to over Four Years in Prison for Filing False Tax Returns, Theft of Government Money, and Obstruction of JusticeRead the Press Release
SAN FRANCISCO— Alena Aleykina, a former special agent for the Internal Revenue Service-Criminal Investigation, was sentenced to serve 51 months in prison for filing false tax returns, obstruction of justice, and stealing government money, announced U.S. Attorney Alex G. Tse and Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division. The sentence was handed down by the Honorable John A. Mendez, U.S. District Judge, following a two-week jury trial after which the defendant was found guilty of the charges.
On June 15, 2018, a federal jury in the Eastern District of California convicted Aleykina, 45, of Sacramento, Calif., for filing false tax returns, destroying records in a federal investigation, and theft of government money. According to the evidence introduced at trial, Aleykina, who is also a Certified Public Accountant and holds a master’s degree in business administration, filed six false tax returns: three personal tax returns for years 2009, 2010, and 2011 and three in the names of trusts she created for years 2010 and 2011. On her personal tax returns, Aleykina fraudulently claimed the head of household filing status, listed false dependents, and claimed deductions for education expenses to which she was not entitled. Aleykina also obtained a fraudulent legal separation decree from the California Superior Court for Yolo County so that she and her husband could claim rental real estate loss deductions to which they were not entitled. Further, on a trust tax return, she falsely claimed to be paying wages to her mother and her sister to care for her son and father.
Additionally, Aleykina stole government funds and obstructed justice during the investigation. She stole from the IRS’s Tuition Assistance Program, a program created to allow IRS employees to take job-related classes from local colleges and educational institutions. Aleykina falsely claimed to be taking English classes from a trust registered to her sister. As a result of these fake classes, Aleykina recieved $4,000 in tuition reimbursement from the Tuition Assistance Program. When criminal investigators approached Aleykina to retrieve her government laptop, Aleykina lied to the agents about the location of the laptop and deleted dozens of files from the computer after the agents left.In sentencing Aleykina, Judge Mendez stated his concern that defendant was a federal law enforcement officer and emphasized the importance of that fact when considering the defendant’s betrayal of the public’s trust. Judge Mendez stated that such fraud and misconduct from a federal agent cannot be tolerated and that the defendant’s behavior shocked the conscience. In addition to the term of prison imposed, Judge Mendez ordered Aleykina to serve three years of supervised release and to pay $4,000 in restitution to the Internal Revenue Service.
Assistant U.S. Attorney William Frentzen and Tax Division Trial Attorneys Arthur J. Ewenczyk and Charles O’Reilly are prosecuting the case. The case was investigated by special agents of the Treasury Inspector General for Tax Administration and IRS-Criminal InvestigationThe United States Attorney’s Office in San Francisco, California, is prosecuting this case with the Tax Division; the United States Attorney’s Office for the Eastern District of California is recused from this matter.
Former Allentown Mayor Sentenced in Pay-to-Play SchemeRead the Press Release
PHILADELPHIA – First Assistant United States Attorney Jennifer Arbittier Williams announced that Edwin Pawlowski, the former Mayor of Allentown, Pennsylvania, was sentenced today for his role in an extensive pay to play scheme occurring between 2012 and 2015. Chief United States District Judge Juan A. Sanchez sentenced Pawlowski to 180 months’ imprisonment, followed by 3 years of supervised release. Chief Judge Sanchez ordered the former mayor to report to prison immediately following the hearing.
Pawlowski was the Mayor of Allentown from January 1, 2006, until his resignation on March 8, 2018. A federal jury convicted him on March 1, 2018 of one count of conspiracy to commit wire fraud, honest services mail fraud, honest services wire fraud, bribery, and Travel Act bribery; 11 counts of bribery/soliciting; two counts of attempted Hobbs Act extortion; six counts of mail fraud; nine counts of wire fraud; two counts of honest services mail fraud; six counts of honest services wire fraud; three counts of Travel Act bribery; and seven counts of material false statements to the FBI.
Pawlowski’s co-conspirators included the following individuals, all of whom previously pleaded guilty: Michael Fleck, a campaign consultant; Garrett Strathearn, Allentown Director of Finance; James Hickey, a business consultant; Francis Dougherty, the Allentown Managing Director; and Dale Wiles; an Allentown Assistant City Solicitor. These defendants steered contracts to companies who would contribute money to Pawlowski’s failed campaigns to become the Governor of Pennsylvania and then to become a United States Senator. In addition to taking campaign contributions to fund his campaigns, Pawlowski’s steering of City of Allentown contracts worth more than $5,000,000 defrauded other companies bidding on these contracts under the assumption that the contracting process would be fair and honest. When questioned by the FBI about his actions in July 2015, Pawlowski lied about what he knew and what he had done.
“Pawlowski’s actions eroded the trust that citizens should have in their government,” said First Assistant U.S. Attorney Williams. “Taxpayers have a right to expect that their elected officials are acting in the interests of the entire city and not for their own personal advancement. And businesses have a right to expect that when they submit contract proposals, they will be judged on the merits rather than on the size of their campaign contributions.”
Williams further said that “[e]very public official and every business development person seeking municipal contracts must understand the serious consequences that result from engaging in a bribery and fraud scheme rather than fair and honest competition.”
“Ed Pawlowski sold the city of Allentown out,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “He used his position as mayor to further his political career, coolly embracing the practice of ‘pay to play.’ Though his actions have sorely betrayed the public trust, Pawlowski has expressed neither regret nor remorse. The FBI will never stop investigating public corruption and bringing to justice those toxic officials willing to break the law.”
“Today’s sentencing confirms that public officials who break the rules and violate the public’s trust will be held accountable for their actions,” said Guy Ficco, Special Agent in Charge of IRS-Criminal Investigation. “The Special Agents of IRS-CI remain committed to rooting out public corruption in an attempt to promote honest and ethical government on behalf of America’s law-abiding taxpayers.”
This case was investigated by the FBI and IRS Criminal Investigations. The case was prosecuted by Assistant United States Attorneys Anthony J. Wzorek and Michelle L. Morgan.
Former Alabama Resident Charged by Criminal Complaint with Attempting to Provide Material Support and Resources to a Foreign Terrorist OrganizationRead the Press Release
Alaa Mohd Abusaad was charged today by criminal complaint in Birmingham, Alabama with attempting to provide material support and resources to al Qaeda, a designated foreign terrorist organization, and aiding and abetting others, in violation of Title 18, United States Code, Sections 2339B and 2. Assistant Attorney General for National Security John C. Demers, United States Attorney Jay E. Town of the Northern District of Alabama, and FBI Special Agent in Charge Johnnie Sharp Jr. of the Birmingham Division made the announcement today.
As set forth in the complaint, Abusaad instructed an FBI undercover employee (UCE) about how to send money to the mujahedeen—fighters engaged in jihad. Abusaad told the UCE that money “is always needed. You can’t have a war without weapons. You can’t prepare a soldier without equipment.” Abusaad also advised the UCE on how to send money in a manner that would avoid detection by law enforcement, including by using fake names and addresses when conducting electronic money transfers. Subsequently, Abusaad introduced the UCE to a financial facilitator who could route the UCE’s money to “brothers that work with aq” (meaning al Qaeda).
If convicted, Abusaad faces a maximum penalty of 20 years’ imprisonment, a $250,000 fine, and up to a life term supervised release. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the assigned judge.
Investigation of the case was conducted by the FBI, including FBI offices in Birmingham, Alabama and Cleveland, and Toledo, Ohio. The prosecution is being handled by Assistant United States Attorneys Henry Cornelius and Manu Balachandran, and Trial Attorney Jennifer Levy of the National Security Division’s Counterterrorism Section.
The charges contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Five Men Indicted for Carjacking and Armed Robbery in MemphisRead the Press Release
Memphis, TN – Five individuals have been indicted for carjacking and armed robbery. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictments today.
The United States Attorney’s Office for the Western District of Tennessee has responded to a recent increase in the number of carjackings in the district by obtaining indictments against five individuals each responsible for violent carjacking incidents involving the possession and use of firearms within the past year.
The five defendants listed are currently in custody:
- Jherrick Grimes, 25, Memphis, TN
- Lorenzo Davis, 29, Memphis, TN
- Angelo Bunting, 20, Memphis, TN
- DeQuan Blackmon, 19, Memphis, TN
- Harry French, 20, Memphis, TN
U.S. Attorney D. Michael Dunavant said, "While recent reports indicate that violent crime rates in all major categories are declining, carjacking offenses in Memphis have spiked and increased an alarming 87% in the past year. This trend cannot continue, and the U.S. Attorney’s Office is coordinating with our federal and local law enforcement partners to prioritize and target carjacking cases for aggressive federal prosecution. These cases demonstrate our resolve to incapacitate the most violent offenders, uphold the rule of law, deter criminal conduct with a strong message of significant consequences, and make us all safer."
Jherrick Grimes
Count 1 charges that on August 6, 2018, Jherrick Grimes being aided and abetted by others, took a motor vehicle, a 2004 Audi A4, by force, violence and intimidation, with the intent to cause death and serious bodily harm.
Count 2 charges that on August 6, 2018, Jherrick Grimes brandished a firearm during a carjacking.
Count 3 charges that on August 15, 2018, Jherrick Grimes was a convicted felon in possession of a firearm.
Lorenzo Davis
Count 1 charges that on July 26, 2018, Lorenzo Davis committed bank robbery by taking by force from a person money belonging to MetaBank, and put in jeopardy the life of another person by use of a dangerous weapon.
Count 2 charges that on July 26, 2018, Lorenzo Davis brandished a firearm during a bank robbery.
Count 3 charges that on July 27, 2018, Lorenzo Davis took a motor vehicle, a 2001 Toyota Solara, by force, violence and intimidation, resulting in serious bodily injury.
Count 4 charges that on July 27, 2018, Lorenzo Davis discharged a firearm during a carjacking.
Counts 5 and 6 charge that on July 26 and July 27, 2018, Lorenzo Davis was a convicted felon in possession of a firearm.
Angelo Bunting
Count 1 charges that on June 28, 2018, Angelo Bunting, being aided and abetted by unknown others, took a motor vehicle, a 2014 Toyota Corolla, by force, violence, and intimidation, with the intent to cause death and serious bodily harm.
Count 2 charges that on June 28, 2018, Angelo Bunting brandished a firearm during a carjacking.
Count 3 charges that on July 6, 2018, Angelo Bunting, being aided and abetted by unknown others, took a motor vehicle, a 2011 Chevrolet Impala, by force, violence, and intimidation, with the intent to cause death and serious bodily harm.
Count 4 charges that on July 6, 2018, Angelo Bunting brandished a firearm during a carjacking.
Count 5 charges that on July 13, 2018, Angelo Bunting, being and aided by unknown others took a motor vehicle, a 2013 Volkswagen Passat, by force, violence, and intimidation, with the intent to cause death and serious bodily harm.
Count 6 charges that on July 13, 2018, Angelo Bunting brandished a firearm during a carjacking.
Dequan Blackmon and Harry French
Count 1 charges that on August 4, 2017, Dequan Blackmon and Harry French, being aided and abetted by unknown others, took a motor vehicle, a 2015 Dodge Journey, by force, violence, and intimidation with the intent to cause death and serious bodily harm.
Count 2 charges that on August 4, 2017, Dequan Blackmon and Harry French brandished a firearm during a carjacking.
Count 3 charges that on August 23, 2017, Dequan Blackmon and Harry French, being aided and abetted by unknown others, took a motor vehicle, a 1991 Jeep Cherokee, by force, violence and intimidation with the intent to cause death and serious bodily harm.
Count 4 charges that on August 23, 2017, Dequan Blackmon and Harry French brandished a firearm during a carjacking.
Count 5 charges that on August 23, 2017, Dequan Blackmon and Harry French being aided and abetted by unknown others, took a motor vehicle, a 2013 Chevrolet Suburban, by force, violence, and intimidation, with the intent to cause death and serious bodily harm
Count 6 charges that on August 23, 2017, Dequan Blackmon and Harry French brandished a firearm during a carjacking.
If convicted of all counts, the defendants face possible sentences of not less than seven years, and up to life imprisonment, $250,000 fine and 3 years supervised release. Sentencing for each defendant is individual, and is based upon a number of statutory factors under the federal sentencing guidelines, including but not limited to prior conviction history, which may enhance or mitigate the ultimate sentence imposed by the Court.
These cases were investigated by ATF and Memphis Police Department Violent Crime Task Force.
Assistant U.S. Attorneys Elizabeth Rogers and Marques Young are prosecuting these cases on the government’s behalf.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Filipino Woman Sentenced to Time Served for Passport FraudRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Emelita Ignacio Arindela, a/k/a “Esperanza Ignacio Arindela,” “Esperanza Hooper,” “Emily I. Arindela,” and “Emily Ignacio Arindela,” 43, of Mount Desert Island, Maine, and previously of the Philippines, was sentenced today in U.S. District Court by Judge Jon D. Levy to time served (10 days) and one year of supervised release for passport fraud. Arindela pleaded guilty on April 12, 2018.
According to court records, in 2000, the defendant assumed the name and date of birth of her older sister in order to marry a U.S. citizen in the City of Valenzuela, Philippines. In 2002, she entered the United States under her sister’s identity. In 2009, she became a naturalized U.S. citizen using her sister’s identity. Later that year, she legally changed her name to Emily I. Arindela. In 2010, she applied for a U.S. passport using her new name and her sister’s date of birth.
The case was investigated by the Diplomatic Security Service of the U.S. Department of State.
Felon sentenced to federal prison for gun possessionRead the Press Release
ATLANTA – Kenneth Copeland was sentenced to federal prison on October 22, 2018, for being a felon in possession of a firearm after bringing an assault rifle into the Dunbar Recreational Center Gymnasium.
“Our community centers are designed to be a place where the public—especially our children—can safely play and gather together,” said U.S. Attorney Byung J. “BJay” Pak. “By bringing a loaded assault rifle into the gymnasium, Copeland put all those present in danger and took from the community its sense of safety.”
“The illegal possession of a firearm is a crime in itself” said Arthur Peralta, ATF Special Agent in Charge. “However, taking a firearm into a place where children are present and leaving it in plain view, recklessly endangering everyone, is shocking. In this case, a concerned citizen saved the day and the defendant is no longer in a position to endanger anyone else.”
“There’s no place on our streets for guns to be in the hands of convicted felons, and certainly no place for guns of any kind to be in a place that’s supposed to be a safe haven for so many of our children,” said Atlanta Police Chief Erika Shields. “This is great teamwork by our officers and the U.S. Attorney's Office to once again assist us in getting dangerous and irresponsible individuals out of our communities.”
According to U.S. Attorney Pak, the charges and other information presented in court: On April 28, 2015, Copeland came to the Dunbar Center Gymnasium with a loaded assault rifle in a shopping bag. Despite the presence of approximately 20 members of the public, including children, Copeland left the assault rifle on the bleachers and went to play basketball. A concerned citizen called 911 to alert law enforcement that the assault rifle was inside the gymnasium. Atlanta Police Department officers arrived, detained Copeland, and successfully secured the loaded assault rifle. Copeland was convicted of multiple felonies prior to April 28, 2015, and as a result, he is prohibited by law from possessing a firearm.
Kenneth Copeland, 27, of Atlanta, Georgia was sentenced by U.S. District Judge Amy Totenberg to five years in federal prison, to be followed by three years of supervised release. Copeland pleaded guilty to one count of a felon in possession of a firearm on July 25, 2018.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Atlanta Police Department.
Assistant U.S. Attorneys Katherine I. Terry and Kim Dammers, Chief of the Organized Crime and Gangs Section, prosecuted the case. The Fulton County District Attorney’s office and the Cobb County District Attorney’s Office also provided assistance with the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Felon Sentenced to 10 Years in Federal Prison for Illegal Possession of FirearmRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that Antonio Travis Steward, 41, of Anchorage, was sentenced yesterday by U.S. District Judge Sharon L. Gleason, to serve 10 years in prison, followed by three years of supervised release, for illegally possessing a firearm as a convicted felon, on numerous occasions that involved criminal activity in Anchorage.
According to court documents, on April 30, 2017, APD officers responded to a report of a male, later identified as Steward, who was passed out in the Driver’s seat of a vehicle. Steward appeared impaired and was therefore asked to participate in standardized field sobriety tests. When officers conducted a search, they recovered from Steward a stolen Smith & Wesson .40 caliber pistol, along with quantities of marijuana and cocaine.
On Sept. 5, 2017, APD was dispatched to a report of a stolen vehicle. Officer’s blocked in the vehicle and contacted the driver, identified as Steward. When the vehicle was searched, officers recovered a stolen Tanfoligo 9mm pistol from underneath the driver’s seat, which was loaded with an extended magazine that contained 16 rounds of ammunition. Additionally, quantities of methamphetamine, heroin, marijuana, and drug paraphernalia were found inside the vehicle.
On Feb. 5, 2018, APD was dispatched to a residence for an assault involving a firearm, where Steward had repeatedly struck the victim and then pointed a black handgun at her, and stated he was going to shoot her. The victim ran to a neighbor and Steward left the scene.
On March 11, 2018, APD was dispatched to an Anchorage hotel regarding a suspicious person in a vehicle. Officers arrived and observed Steward slumped over in the driver’s seat. Steward was difficult to wake up and was asked to participate in standardized field sobriety tests. When Steward exited the vehicle, officers observed he had been sitting on a Colt .45 caliber pistol. During a pat search, officers discovered quantities of cocaine, heroin, methamphetamine, and drug paraphernalia.
After each of these offenses, Steward had been arrested and released on bail. Due to the serious and repetitive nature of Steward’s criminal activity, the Anchorage District Attorney’s Office referred the matter for federal prosecution. Steward has multiple prior felony convictions for crimes involving theft, robbery, and bank robbery, as well as several misdemeanor convictions. As a convicted felon, Steward was prohibited from possessing firearms.
The Anchorage Police Department (APD) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation leading to the successful prosecution of this case. The case was developed through cooperation with the Anchorage District Attorney’s Office. Special Assistant U.S. Attorney James E. Stinson prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Federal Jury Convicts Pocatello Man on Anabolic Steroid ChargesRead the Press Release
POCATELLO – A federal jury in Pocatello convicted Travis M. Newbold, 47, on Friday, of conspiracy to import anabolic steroids, importation of anabolic steroids, and possession with intent to distribute anabolic steroids, U.S. Attorney Bart M. Davis announced. Newbold was charged by indictment on November 28, 2017.
According to the evidence presented at trial, on October 25, 2017, investigators from Homeland Security Investigations, U.S. Postal Inspection Service, and Pocatello Police Department conducted a controlled delivery of a package that was destined for Newbold’s address. The package contained over three pounds of powdered anabolic steroids.
Investigators searched Newbold’s home that day pursuant to a search warrant. They found over three pounds of additional anabolic steroid powders, liquid vials of anabolic steroids, recipes for making oral and injectable anabolic steroids, and other steroid dispensing paraphernalia. A search of Newbold’s phone revealed that he was ordering the anabolic steroids from China, and helping to trans-ship packages for a China-based anabolic steroid supplier.
Sentencing is set for January 10, 2019 at 1:30 p.m. in Pocatello before the Chief U.S. District Judge B. Lynn Winmill. Newbold faces up to ten years’ imprisonment, a $1,000,000 fine, and at least three years supervised release.
“I want to thank the agencies and dedicated law enforcement officers who helped bring this case to trial,” said U.S. Attorney Davis. “Helping to ban the flow of illegal imported drugs into Idaho is a high priority to our office. We are proud the partnership with local and federal law enforcement yielded a conviction in this important case.”
“The United States Postal Inspection Service is dedicated to enforcing the laws that defend the nation's mail system from illegal or dangerous use and ensure public trust in the mail by holding those persons accountable who attempt to utilize the United States Postal Service to traffic illicit controlled substances,” said Anthony Galetti, Postal Inspector in Charge for the Seattle Division of U.S. Postal Investigation Service.
“The international importation of these dangerous performance-enhancing drugs pose a serious public health and safety risk to our community,” said Brad Bench, Special Agent in Charge of Homeland Security Investigations Seattle. “We are proud to be part of the group of highly-motivated, professional agents and law enforcement partners who have worked to remove these hazardous, unregulated substances from our streets.”
“The teamwork of the police officers and the federal partners has been outstanding,” said Pocatello Police Sergeant Nathan Diekemper. “We applaud the diligent efforts of the prosecutors and public servants who helped obtain this conviction. Pocatello is a safer place through this combined effort.”
This case was investigated through the combined efforts of the Department of Homeland Security, the U.S. Postal Inspection Service, the Pocatello Police Department, the U.S. Attorney’s Office and the Eastern Idaho Partnership. The Eastern Idaho Partnership is a collaborative effort among local communities, law enforcement, the State of Idaho, and the U.S. Attorney for the District of Idaho. The Partners combine efforts to fund and support a Special Assistant United States Attorney, or “SAUSA.” The SAUSA, Bryan Wheat, works with local prosecutors and law enforcement to prosecute serious local crimes in federal court. The Partnership focuses its efforts on regional drug trafficking, gun and gang violence, internet based crimes against children, and other serious crimes with a federal nexus that affect the southeast Idaho region.
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Fayetteville Social Security Employee Indicted on Wire Fraud, Aggravated Identity Theft, and Theft of Government Property ChargesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that a Federal grand jury in Raleigh has returned a thirteen-count indictment charging STEPHANIE CHAVIS, age 42, of Saint Pauls, North Carolina, with ten counts of Wire Fraud, two counts of Aggravated Identity Theft, and one count of Theft of Government Property.
The indictment alleges that beginning in or about August 2010, and continuing until in or about April 2018, CHAVIS engaged in a scheme to defraud the Social Security Administration by using her supervisory position to divert more than $700,000 in funds meant for SSI beneficiaries into bank accounts controlled by CHAVIS. The indictment further alleges that CHAVIS advanced this scheme by convincing unsuspecting employees to manually process unauthorized payments on SSI beneficiary accounts using the beneficiaries’ personal identifying information and CHAVIS’s bank account information.
If convicted of all counts, CHAVIS faces a maximum penalty of twenty-four years imprisonment. She also faces a minimum two-year consecutive term of imprisonment on each aggravated identity theft count.
The charges and allegations contained in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty in a court of law.
The case is being investigated by the Social Security Administration’s Office of the Inspector General. Special Assistant United States Attorney Tamika Moses is prosecuting the case for the government.
Fairport Man Pleads Guilty to False Claim of PTSD to Get VA Disability PaymentsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. U.S. Attorney James P. Kennedy, Jr. announced that Michael Pecka, 33 of Fairport, NY, pleaded guilty before U.S. District Court Judge Charles J. Siragusa to making a false official statement. The charge carries a maximum penalty of five years in prison, a fine of up to $250,000, or both.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that Pecka filed a claim for VA Disability Benefits in 2011 claiming that he had Post Traumatic Stress Disorder (PTSD) from witnessing the suicide of two fellow soldiers while deployed to Kuwait in 2004-2005 with the Army Reserve. In support of his claim for PTSD, the defendant described in detail the two suicides that he claimed to have witnessed to include his distance from the soldiers, the manner in which they each committed suicide, his observation of the bodies, and his role in the investigations. As a result of this claim, Pecka received a high disability rating and was awarded tax free disability benefits of $3,167 per month. The defendant filed the initial claim while he was an inmate in federal prison for an unrelated bank fraud conviction.
Pecka repeated his false claims about observing the suicides on Official VA Forms, signed under penalty of perjury, in 2011 and 2014. However, an investigation by Special Agents of the VA Office of Inspector General determined that the defendant lied about being present for either suicide, lied about observing either suicide, lied about being involved in the investigation of either suicide, and in the case of one of the soldiers, was not even in the same country at the time he committed suicide. Pecka repeatedly stated under oath that he watched this soldier commit suicide, when in fact, the defendant was stationed over 6,000 miles away in Kuwait when the soldier committed suicide near Ft. Drum, NY.
On May 24, 2018, Pecka provided statements to an undercover VA Office of Inspector General Special Agent whom the defendant believed to be a VA Field Examiner conducting a routine file update for his compensation claim. During that meeting, Pecka falsely told the agent that he personally witnessed the suicide of one of the soldier, now claiming that it happened while they were “on a mission” together. Pecka described the incident stating that soldier shot himself with his pistol without warning, and that he reported the incident to his First Sergeant. None of that was true. Regarding the second suicide, the defendant falsely claimed that he saw the muzzle fire from the discharge of that soldier’s rifle, discovered that victim in his vehicle, and then reported the suicide to Military Police. This too was a lie.
After making these statements to the undercover VA-OIG Special Agent, Pecka completed a new VA Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder Form, in his own hand. In that statement, the defendant again falsely claimed that he saw both soldiers shoot themselves.As a result of his false statements to the VA, Pecka received over $92,000 in tax free VA Disability benefits to which he was not legally entitled.
According to the National Center for PTSD, Post-Traumatic Stress Disorder is a mental health condition that some people develop after experiencing or witnessing a life-threatening event, like combat. The condition may last months or years, with triggers that can bring back memories of the trauma accompanied by intense emotional and physical reactions. Symptoms may include nightmares or unwanted memories of the trauma, avoidance of situations that bring back memories of the trauma, heightened reactions, anxiety, or depressed mood. For further information on PTSD, treatment options, and how to obtain help from the Department of Veterans Affairs, please go to https://www.ptsd.va.gov/
The plea is the result of an investigation by the United States Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, Northeast Field Office, under the direction of Special Agent-in-Charge Sean J. Smith.
Pecka also has a pending violation of his supervised release conditions from the prior federal bank fraud conviction.
The defendant was ordered detained pending sentencing on both cases, which is scheduled for January 24, 2019, at 10:00 a.m. before Judge Siragusa.
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Fairfax Bookkeeper Sentenced to Prison for $540,000 Embezzlement SchemeRead the Press Release
United States Attorney Erica H. MacDonald announced the sentencing of THERESA ERNESTINE LINSMEIER, 59, to 27 months in prison for embezzling $540,000 from her former employer. LINSMEIER, who pleaded guilty on June 7, 2018, to one count of wire fraud and one count of filing a false tax return, was sentenced earlier today before Senior Judge Donovan W. Frank in U.S. District Court in St. Paul, Minnesota.
According to the defendant’s guilty plea and documents filed in court, from 1998 to 2016, LINSMEIER was employed as a bookkeeper at Farm Mercantile, Inc., a hardware store located in Fairfax, Minn. In her position, LINSMEIER had access to and was an authorized signatory on Farm Mercantile’s bank accounts and had authority to sign and issue checks on behalf of the company. From about 2011 through 2016, LINSMEIER devised a scheme to embezzle more than $500,000 from Farm Mercantile. As part of the scheme, LINSMEIER transferred money to her personal credit cards directly from the bank accounts to which she had access. LINSMEIER attempted to conceal her embezzlement by creating false entries in Farm Mercantile’s general ledger to make it look like the money she stole had actually been used to pay legitimate business expenses. In total, LINSMEIER stole approximately $540,063, which she used for online gambling.
LINSMEIER did not report the money she embezzled from Farm Mercantile on her federal income tax returns. LINSMEIER instead filed tax returns that falsely reported and understated her income. These false returns allowed her to avoid more than $100,000 in federal income taxes from 2012 through 2016.
This case was the result of an investigation conducted by the Internal Revenue Service-Criminal Investigation.
Assistant United States Attorney Joseph H. Thompson prosecuted this case.
Defendant Information:
THERESA ERNESTINE LINSMEIER, 59
Fairfax, Minn.
Convicted:
- Wire fraud, 1 count
- Filing a false tax return, 1 count
Sentenced:
- 27 months in prison
- Three years of supervised release
- $540,063 in restitution
###
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Eye Centers of Florida Agrees to Pay $525,000 to Settle False Claims Act Liability for Medically Unnecessary Cataract SurgeriesRead the Press Release
Fort Myers, FL – United States Attorney Maria Chapa Lopez announces today that Eye Centers of Florida has agreed to pay the United States $525,000 to resolve allegations that it violated the False Claims Act by knowingly falsifying medical records in order to bill for cataract surgeries on patients that would not have otherwise qualified for the surgery.
Founded in 1971, Eye Centers of Florida is an ophthalmology practice owned by David C. Brown, M.D. Eye Centers of Florida currently has 11 office locations throughout southwest Florida, with the main clinic located in Fort Myers.
The term “visual acuity” refers to the sharpness or clarity of vision. An individual’s visual acuity is generally measured using vision-testing charts to determine the person’s ability to distinguish letters or other images of various sizes at a fixed distance. “Normal” vision is 20/20. Generally, Medicare will consider a cataract surgery medically necessary and reasonable if, among other things, a patient has a visual acuity worse than 20/40 with impairment of ability to carry out needed or desired activities.
According to the settlement agreement it was the United States contention that, from January 1, 2012, through March 1, 2014, employees of Eye Centers of Florida knowingly falsified the medical records of certain Medicare Advantica patients that were referred to Dr. Brown for a cataract surgery evaluation in order to make it appear that the patients had a worse visual acuity score than they had actually received. The United States contended that as a result of these practices, Eye Centers of Florida was able to bill for cataract surgeries for patients that would not have otherwise qualified under Medicare guidelines.
“Altering records in order to justify billing for unnecessary invasive medical procedures is a violation of the trust we place in our health care providers and potentially places lives at risk,” said U.S. Attorney Chapa Lopez. “Our Civil Division works tirelessly in the pursuit of providers who fraudulently bill Medicare, or any other federal health care program, for services that are medically unnecessary.”
“Altering results of examination scores to conduct invasive ocular procedures, as alleged, threatens the health of those patients, the public’s faith in the medical profession, and the financial integrity of Medicare and Medicaid,” said Shimon R. Richmond, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General. “We will continue to safeguard these taxpayer-funded programs and the beneficiaries who rely on them.”
The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by two former employees of Eye Centers of Florida, Patti Nilsson and Joann Smith. Nilsson and Smith sued under the qui tam, or whistleblower, provisions of the False Claims Act permitting a private citizen to sue on behalf of the United States for false claims and to share in the recovery. The Act also allows the United States to intervene and prosecute the action. Nilsson and Smith will receive $115,500 of the proceeds from the settlement with Eye Centers of Florida.
This settlement resulted from an investigation coordinated by Assistant U.S. Attorneys Kyle S. Cohen and David Sullivan, with assistance from the U.S. Department of Health and Human Services Office of Inspector General and the FBI.
The government’s action in this matter illustrates the emphasis on combating health care fraud, and one of the most powerful tools in this effort is the False Claims Act. Tips from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
The case is captioned U.S. ex. rel. Nilsson and Smith v. Eye Centers of Florida, Docket Number 2:13-cv-842-FtM-38CM. The settlement resolves the United States’ claims in that case. The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Edward A. Baza Sentenced to Prison in Ice Trafficking CaseRead the Press Release
SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant EDWARD A. BAZA (“BAZA”), age 65, originally from Guam but residing in Hesperia, California, was sentenced on October 22, 2018, in District Court to a 45-month term of imprisonment, to be followed by two years of supervised release, and 50 hours of community service. The Court also ordered BAZA to pay a mandatory $100 assessment fee. In addition, defendants who are convicted of a federal drug offense may no longer qualify for certain federal benefits.
On June 12, 2018, BAZA pled guilty to the charge of Unlawful Use of the Mail to Facilitate the Conspiracy to Distribute Methamphetamine, in violation of 18 U.S.C. § 1952(a)(3)(A). The investigation revealed that BAZA and other individuals used the mail system in an attempt to distribute methamphetamine on Guam. On August 19, 2013, a package addressed to BAZA’s girlfriend was searched pursuant to a federal search warrant. Agents found methamphetamine concealed inside a Chips Ahoy cookie container. BAZA and his girlfriend went to the post office to claim the package. The substance was later determined to contain 137.3 grams of methamphetamine hydrochloride, with a 90% purity. The drugs had a street value of up to $123,000.
The U.S. Postal Service and the Drug Enforcement Administration conducted the investigation. The case was prosecuted by Belinda Alcantara, Assistant United States Attorney for the District of Guam.
Donora Man Pleads Guilty as part of Lightfoot/Mendoza Drug Trafficking OrganizationRead the Press Release
PITTSBURGH, Pa – A resident of Donora, Pennsylvania, pleaded guilty in federal court to a narcotics charge, United States Attorney Scott W. Brady announced today.
Michael Tirpak, age 33, pleaded guilty to conspiracy to possess with intent to distribute and distributing cocaine before United States District Judge Mark Hornak.
In connection with the guilty plea, the court was advised that from March 2017 to December 2017, Brandon Thomas, a mid-level distributor in the Lightfoot/Mendoza DTO, would receive large quantities of cocaine from Jamie Lightfoot, Jr. before redistributing the cocaine to Tirpak and other co-conspirators. Tirpak would travel to and from Thomas’ house in order to purchase the cocaine.
Judge Hornak scheduled sentencing for January 22, 2019. The law provides for a maximum sentence of up to 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior record, if any, of the defendant.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation - The Monongahela Valley Residential Agency, and the Pennsylvania State Police, with assistance from the South Strabane Police Department, the Elizabeth Borough Police Department, the Penn Hills Police Department and the Perryopolis Police Department, conducted the investigation that led to the guilty plea in this case.
Dominican Republic Citizen Pleads Guilty to Human SmugglingRead the Press Release
Gulfport, Miss. – Yerdinson Rodriguez-Tavarez, a 24 year-old citizen of the Dominican Republic and lawful permanent resident of the U.S. living in Texas, pled guilty Friday before U.S. District Judge Sul Ozerden to the crime of transporting an illegal alien within the United States, announced U.S. Attorney Mike Hurst and Gregory K. Bovino, Chief Patrol Agent of the U.S. Border Patrol’s New Orleans Sector.
Rodriguez-Tavarez is scheduled to be sentenced by Judge Ozerden on January 24, 2019. He faces a potential maximum penalty of five years in prison and a $250,000 fine, along with special assessments that could total $5,100. He also will be subject to Department of Homeland Security immigration removal proceedings.
On August 6, 2018, a South Mississippi Metro Enforcement Team Agent, who also is an officer with the Gautier Police Department, was on duty along Interstate 10 eastbound in Jackson County. The Metro Enforcement Team is an interagency task force that patrols known smuggling routes in Jackson County including I-10. Around 7:45 a.m., the agent stopped a 2015 Toyota Corolla with a fraudulent Texas license paper tag. The task force agent’s training and experience led him to believe that he had interrupted an alien smuggling event in progress, and he called the U.S. Border Patrol.
Ultimately, the driver was arrested for transporting illegal aliens. His five passengers were arrested for being illegally present in the United States, and all were transported to the Gulfport Border Patrol Station for processing. At the Border Patrol Station, two of the five illegal alien passengers were identified as having been previously lawfully removed from the United States.
U.S. Attorney Hurst praised the coordinated work of the United States Border Patrol, the South Mississippi Metro Enforcement Team, and the Gautier Police Department. Assistant United States Attorney Stan Harris is the prosecutor for the case.
Dominican National Sentenced for Illegal ReentryRead the Press Release
BOSTON - A Dominican national was sentenced today in federal court in Boston for illegally reentering the United States after being deported.
Casimiro Zapata-Martinez, 50, was sentenced to three months in prison and two years of supervised release. Zapata-Martinez will be subject to deportation proceedings upon completion of his sentence. In 2018, Zapata-Martinez pleaded guilty to one count of illegal reentry of a deported alien.
Zapata-Martinez was previously deported on April 8, 2002. Law enforcement officers encountered Zapata-Martinez on April 11, 2018, and determined him to be illegally present in the United States.
United States Attorney Andrew E. Lelling and Todd M. Lyons, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Criminal Division prosecuted the case.
District Court Orders Tennessee Personal Care ProductsManufacturer to Comply with Drug Safety RequirementsRead the Press Release
Memphis, TN – A federal court permanently enjoined a Memphis, Tennessee company from distributing misbranded drugs and drugs manufactured under insanitary conditions, the Department of Justice announced today.
In a complaint filed September 25, 2018, at the request of the U.S. Food and Drug Administration, the United States alleged that Keystone Laboratories, Inc., the company’s owner, Melinda Menke, and its operator, Elizabeth Jumet, violated the Federal Food, Drug, and Cosmetic Act by distributing hair care and skin care products that were not manufactured, processed, packaged, or held subject to current good manufacturing practices for drugs. The complaint alleged that FDA inspections of Keystone’s facilities and products revealed numerous problems, including an instance in which the company released a batch of hair products despite test results that suggested contamination by the potentially harmful bacteria Staphylococcus aureus (S. aureus). The defendants agreed to be bound by a consent decree filed with the complaint in U.S. District Court for the Western District of Tennessee.
"The Department of Justice is committed to ensuring that manufacturers and sellers of over-the-counter drugs follow safety laws that protect consumers," said Assistant Attorney General Joseph H. Hunt for the Department of Justice’s Civil Division. "We will continue to work with the FDA to ensure that over-the-counter drugs are manufactured under safe conditions and are properly labeled."
"Ensuring that consumers are protected from adulterated and contaminated over-the-counter drugs and products is a concern in this district. We will continue to partner with the Department of Justice Civil Division and the FDA to pursue these cases in an effort to protect consumers," said U.S. Attorney D. Michael Dunavant for the Western District of Tennessee.
The consent decree entered by the court permanently enjoins the defendants from violating the Food, Drug, and Cosmetic Act. As part of the settlement, the defendants may not manufacture or distribute their over-the-counter drug products from any facility owned or operated by the defendants unless they comply with specific remedial measures set forth in the injunction. The order also provides safeguards in the event that the defendants contract with third parties to manufacture similar products.
Trial attorney Claude Scott of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Stuart J. Canale of the U.S. Attorney’s Office for the Western District of Tennessee represented the United States, along with the assistance of Associate Chief Counsel for Litigation Rosselle Oberstein of the FDA’s Office of the General Counsel.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at https://www.justice.gov/civil/consumer-protection-branch.
District Court Orders Tennessee Personal Care Products Manufacturer to Comply with Drug Safety RequirementsRead the Press Release
A federal court permanently enjoined a Memphis, Tennessee company from distributing misbranded drugs and drugs manufactured under insanitary conditions, the Department of Justice announced today.
In a complaint filed September 25, 2018, at the request of the U.S. Food and Drug Administration, the United States alleged that Keystone Laboratories, Inc., the company’s owner, Melinda Menke, and its operator, Elizabeth Jumet, violated the Federal Food, Drug, and Cosmetic Act by distributing hair care and skin care products that were not manufactured, processed, packaged, or held subject to current good manufacturing practices for drugs. The complaint alleged that FDA inspections of Keystone’s facilities and products revealed numerous problems, including an instance in which the company released a batch of hair product despite test results that suggested contamination by the potentially harmful bacteria Staphylococcus aureus (S. aureus). The defendants agreed to be bound by a consent decree filed with the complaint in U.S. District Court for the Western District of Tennessee.
“The Department of Justice is committed to ensuring that manufacturers and sellers of over-the-counter drugs follow safety laws that protect consumers,” said Assistant Attorney General Joseph H. Hunt for the Department of Justice’s Civil Division. “We will continue to work with the FDA to ensure that over-the-counter drugs are manufactured under safe conditions and are properly labeled.”
“Ensuring that consumers are protected from adulterated and contaminated over-the-counter drugs and products is a concern in this district. We will continue to partner with the Department of Justice Civil Division and the FDA to pursue these cases in an effort to protect consumers,” said U.S. Attorney D. Michael Dunavant for the Western District of Tennessee.
The consent decree entered by the court permanently enjoins the defendants from violating the Food, Drug, and Cosmetic Act. As part of the settlement, the defendants may not manufacture or distribute their over-the-counter drug products from any facility owned or operated by the defendants unless they comply with specific remedial measures set forth in the injunction. The order also provides safeguards in the event that the defendants contract with third parties to manufacture similar products.
Trial attorney Claude Scott of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Stuart J. Canale of the U.S. Attorney’s Office for the Western District of Tennessee represented the United States, along with the assistance of Associate Chief Counsel for Litigation Rosselle Oberstein of the FDA’s Office of the General Counsel.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at https://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Western District of Tennessee, visit its website at https: https://www.justice.gov/usao-wdtn.
Department of Justice and Department of Interior Team up for Major Expansion of Tribal Access to National Crime Information DatabasesRead the Press Release
OKLAHOMA CITY — The Department of Justice and the Department of the Interior announced a dramatic expansion of the federal government’s key program that provides tribes with access to national crime information databases, the Justice Department’s Tribal Access Program for National Crime Information (TAP). By the end of 2019, the Justice Department will expand the number of TAP participating tribes by more than 50 percent—from 47 tribes to 72.
Two of the new participating tribes are in the Western District of Oklahoma: the Absentee Shawnee Tribe and the Cheyenne and Arapaho Tribes.
Governor Edwina Butler-Wolfe said: "The Absentee Shawnee Tribe is excited about our recent Tribal Access Program Grant. The Tribal Access Program will improve public safety, assist in identifying fugitives from justice, and aid with child protective services and the Tribe’s Sex Offender Registration within our Tribal jurisdiction through the access and exchange of critical data."
"The Cheyenne and Arapaho Tribes are extremely pleased we have been selected to participate in the Tribal Access Program," said Governor Reggie Wassana. "Throughout Indian Country, tribal justice systems are weighed down by the constant effects of criminal activity. TAP will give the Tribes the ability to access and exchange data with national crime information systems. More than ten tribal programs from our domestic violence program to child protection services will benefit from this grant. I want to recognize the U.S. Department of Justice, Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART), the Office of Community Oriented Policing Services (COPS), and the Office for Victims of Crime (OVC) for their commitment to ensure Tribes have access to the tools needed to improve public safety."
"For far too long, a lack of access to federal criminal databases has hurt tribal law enforcement—preventing them from doing their jobs and keeping their communities safe," said Deputy Attorney General Rod Rosenstein. "With the Tribal Access Program, participating tribes will be able to protect victims of domestic violence, register sex offenders, keep guns out of dangerous hands, and help locate missing people. This milestone demonstrates our deep commitment to strengthening public safety in Indian country."
"I am proud to authorize the funding for the expansion of the Tribal Access Program to the Bureau of Indian Affairs to make the future of justice in Indian Country stronger," said Assistant Secretary for Indian Affairs Tara Sweeney at the 75th National Congress of American Indians Convention on October 22. "The Bureau of Indian Affairs is proud to grant greater access to these important databases at more locations throughout Indian Country. Performing background checks is a critical step in protecting our precious Native children in foster care, and tribal communities served by the BIA will benefit from access to this extensive public safety tool."
"Access to information is vital to effective law enforcement," said Trent Shores, U.S. Attorney for the Northern District of Oklahoma and the Chairman of the Attorney General’s Advisory Subcommittee on Native American Issues. "The Tribal Access Program will enhance and improve the ability of tribal law enforcement officers to serve their communities. The Native American Issues Subcommittee is proud to support the continued expansion of this tool throughout Indian Country."
The Native American Issues Subcommittee (NAIS) is comprised of United States Attorneys with Indian Country in their federal districts. They advise the Attorney General regarding the development and implementation of policies pertaining to justice in Indian Country. The NAIS identified ‘increased law enforcement resources’ as one of four priority areas to improve justice services in Indian Country. Support for and increased dissemination of the TAP was unanimously supported by the U.S. Attorneys at a recent NAIS meeting in Indian Country in Tulsa, Oklahoma.
"We at the BIA-OJS look forward to having direct access to these vital resources," said Deputy BIA Director for Office of Justice Services Charles Addington. "We have waited years for the opportunity to streamline how we access these critical databases and the funding authorized by AS-IA Sweeney will allow our law enforcement officers the ability to receive the information they need to do their jobs effectively and keep them safe."
TAP, offered in two versions, TAP-FULL and TAP-LIGHT, allows tribes to serve and protect their communities more effectively by fostering the exchange of critical data through several national databases through the FBI’s Criminal Justice Information Systems (CJIS) network, including the National Crime Information Center (NCIC), Next Generation Identification (NGI), National Data Exchange (N-DEx), National Instant Criminal Background Check System (NICS), Law Enforcement Enterprise Portal (LEEP) as well as other national systems such as the International Justice and Public Safety Network (Nlets). TAP enhances tribal efforts to register sex offenders pursuant to the Sex Offender Registration and Notification Act (SORNA); have orders of protection enforced nationwide; protect children; keep firearms away from persons who are disqualified from receiving them; improve the safety of public housing, and allow tribes to enter their arrests and convictions into national databases.
TAP-FULL consists of a kiosk workstation that provide access to national systems and is capable of processing finger and palm prints, as well as taking mugshots and submitting records to national databases. TAP-LIGHT is software for criminal agencies that include police departments, prosecutors, criminal courts, jails, and probation departments. Both versions provide federally recognized tribes the ability to access and exchange data with national crime information databases for both civil and criminal purpose. TAP is currently available to 47 tribes nationwide with over 220 tribal criminal justice and civil agencies participating.
For more information on TAP, including a list and map of present TAP-FULL and TAP-LIGHT tribes, visit www.justice.gov/tribal/tribal-access-program-tap. For more information about the Justice Department’s work on tribal justice and public safety issues, visit www.justice.gov/tribal.
Department of Justice and Department of Interior Team up for Major Expansion of Tribal Access to National Crime Information DatabasesRead the Press Release
ARIZONA – First Assistant United States Attorney Elizabeth A. Strange joined the Department of Justice and the Department of the Interior in announcing a dramatic expansion of the federal government’s key program that provides tribes with access to national crime information databases, the Justice Department’s Tribal Access Program for National Crime Information (TAP). The expansion includes the following tribes in Arizona:
- Fort McDowell Yavapai Nation
- Hopi Tribe
- Salt River Pima-Maricopa Indian Community of the Salt River Reservation
By the end of 2019, the Justice Department will expand the number of tribes participating in TAP by more than 50 percent, from 47 tribes to 72. Further, by 2021, the Interior Department’s Bureau of Indian Affairs Office of Justice Services (BIA-OJS) will expand TAP to all 28 tribes where it delivers direct law enforcement services. The BIA Division of Human Services will also add two tribal social service locations in New Mexico and Oklahoma in 2019.
TAP provides federally-recognized tribes the ability to access and exchange data with national crime information databases for both civil and criminal purposes. This allows tribes to more effectively serve and protect their communities by ensuring the exchange of critical data. TAP is currently deployed to 47 tribes nationwide with over 220 tribal criminal justice and civil agencies participating. The program provides integrated workstations and/or software as well as enhanced training and assistance to enable tribes to access and contribute to national crime information databases.
“The U.S. Attorney’s Office is deeply committed to strengthening public safety in Indian Country,” stated First Assistant United States Attorney Elizabeth A. Strange. “Through the expansion of the TAP program, participating tribes can use the shared database information to make their communities safer by protecting victims of domestic violence, registering sex offenders, keeping guns out of the hands of known criminals, and helping to locate missing persons. In addition, law enforcement officers beyond the tribes’ borders -- throughout Arizona -- will benefit from the ability to access information entered by our tribal partners. We hope that all of our federally-recognized tribes will be able to participate in TAP in the near future as the program continues to expand.”
“The Fort McDowell Nation is pleased to be a part of the Tribal Access Program (TAP),” said Fort McDowell Nation Vice President Paul Russell. “TAP will allow Fort McDowell to protect and to better serve the public safety needs of our Nation. It will provide the Nation’s Police Department, Prosecutor’s Office, Tribal Courts (Pretrial Services and Probation) and Family Services (CPS and Foster Families) the ability to retrieve appropriate criminal justice information in a timely manner. For instance, with TAP, our Nation’s Police Department will be able to directly enter sex offender information into the National Sex Offender Registry (NSOR). In addition, the Nation’s Tribal Court can now enter its own orders of protection and dispositions into the national database which furthers public safety for victims, the Nation and the general population off the Nation.”
"The Hopi Tribe is grateful for the opportunity to connect with law enforcement resources through the 2019 Tribal Access Program," said Hopi Tribe Chairman Timothy Nuvangyaoma. "TAP will enhance safety for our Hopi People and will increase necessary coordination and communication among law enforcement jurisdictions."
“We are pleased to be selected as a recipient for the 2019 Tribal Access Program (TAP),” said Salt River President Delbert W. Ray, Sr. “The TAP program will allow the Salt River Pima-Maricopa Indian Community to effectively serve and protect our Community by allowing the exchange of critical data across Criminal Justice Information systems and other national crime information systems. This will be a great resource that will enhance the Salt River Law Enforcement agency.”
“Access to information is vital to effective law enforcement,” said Trent Shores, U.S. Attorney for the Northern District of Oklahoma and the Chairman of the Attorney General’s Advisory Subcommittee on Native American Issues. “The Tribal Access Program will enhance and improve the ability of tribal law enforcement officers to serve their communities. The Native American Issues Subcommittee is proud to support the continued expansion of this tool throughout Indian Country.”
The Native American Issues Subcommittee (NAIS) is comprised of United States Attorneys with Indian Country in their federal districts; First Assistant U.S. Attorney Strange is an active member of the NAIS. They advise the Attorney General regarding the development and implementation of policies pertaining to justice in Indian Country. The NAIS identified ‘increased law enforcement resources’ as one of four priority areas to improve justice services in Indian Country. Support for and increased dissemination of the TAP was unanimously supported by the U.S. Attorneys at a recent NAIS meeting in Indian Country in Tulsa, Oklahoma.
TAP enhances tribal efforts to register sex offenders pursuant to the Sex Offender Registration and Notification Act (SORNA); have orders of protection enforced nationwide; protect children; keep firearms away from persons who are disqualified from receiving them; improve the safety of public housing, and allow tribes to enter their arrests and convictions into national databases.
TAP supports tribes in analyzing their needs for national crime information and includes appropriate solutions, including a-state-of-the-art biometric/biographic kiosk workstation with capabilities to process finger and palm prints, take mugshots and submit records to national databases. This includes the ability to access several national databases through the FBI’s Criminal Justice Information Systems (CJIS) network, including the National Crime Information Center (NCIC), Next Generation Identification (NGI), National Data Exchange (N-DEx), National Instant Criminal Background Check System (NICS), Law Enforcement Enterprise Portal (LEEP) as well as other national systems such as the International Justice and Public Safety Network (Nlets).
TAP, which is managed by the Justice Department’s Chief Information Officer with assistance from the Office of Tribal Justice, provides specialized training and assistance for participating tribes, including computer-based training and on-site instruction, as well as a 24x7 Help Desk. Participating tribes in TAP-FULL receive a kiosk workstation that provide access to national systems as well as training to support whole-of-government needs. Participating tribes in TAP-LIGHT receive software for criminal agencies that include police departments, prosecutors, criminal courts, jails, and probation departments.
The following tribes have been selected for the next phase of TAP FULL:
Absentee-Shawnee Tribe of Indians of Oklahoma
Blackfeet Tribe of the Blackfeet Indian Reservation of Montana
Confederated Tribes of the Chehalis Reservation (Washington)
Cheyenne and Arapahoe Tribes, Oklahoma
Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South Dakota
Eastern Shoshone Tribe of the Wind River Reservation, Wyoming
Fort McDowell Yavapai Nation, Arizona
Hopi Tribe of Arizona
Lower Elwha Tribal Community (Washington)
Northern Arapahoe Tribe of the Wind River Reservation, Wyoming
Penobscot Nation (Maine)
Quinault Indian Nation (Washington)
Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota
Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona
Sault Ste. Marie Tribe of Chippewa Indians, Michigan
The Seminole Nation of Oklahoma
Swinomish Indian Tribal Community (Washington)
Turtle Mountain Band of Chippewa Indians of North Dakota
The following tribes have been selected for the next phase of TAP LIGHT:
Bishop Paiute Tribe (California)
La Jolla Band of Luiseno Indians, California
Lac Vieux Desert Band of Lake Superior Chippewa Indians of Michigan
Mashpee Wampanoag Tribe (Massachusetts)
Morongo Band of Mission Indians, California
Port Gamble S'Klallam Tribe (Washington)
San Pasqual Band of the Diegueno Mission Indians of California
For the tribes selected by the Department of Justice, TAP is funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART), the Office of Community Oriented Policing Services (COPS) and the Office for Victims of Crime (OVC). For the tribes selected by the Department of Interior, TAP is funded by BIA-OJS and BIA Division of Human Services.
For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap
For more information about the Justice Department’s work on tribal justice and public safety issues, visit: www.justice.gov/tribal
RELEASE NUMBER: 2018-132_ Tribal Access Program (TAP)
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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.
Defendant in Massive Drug Trafficking Conspiracy ConvictedRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced today that Malik Martin a/k/a “Leek,” has been convicted by a jury of conspiracy to distribute 1,000 kilograms or more of marijuana and of one count of conspiracy to commit money laundering. The jury trial spanned four weeks and took place before United States Senior District Judge R. Barclay Surrick.
Martin also was acquitted of a second count of conspiracy to commit money laundering. The jury was unable to reach a verdict against co-defendant Alan Womack, who was charged in a second superseding indictment with conspiracy to distribute 1,000 kilograms or more of marijuana. Judge Surrick declared a mistrial as to co-defendant Womack.
Martin and his co-conspirators were part of a long-running drug-trafficking organization (“DTO”) which distributed 1,000 kilograms or more of marijuana, and then laundered the drug proceeds. The DTO used a number of tractor-trailer drivers to transport bulk quantities of marijuana from Arizona, California, and Texas to the East Coast to ultimately be distributed in the greater Philadelphia area. Martin worked closely with the head of the DTO to bring money out to the West Coast, coordinate the purchase of the marijuana on the West Coast, and load the delivery of marijuana to the East Coast.
“Martin and his co-conspirators set up a decade-long drug trafficking operation that criss-crossed the United States, leaving a path of destruction in its tracks,” said U.S. Attorney McSwain. “Today’s victory demonstrates my Office’s steadfast commitment to taking down criminal organizations like Martin’s and cutting off the supply of illegal drugs into our communities.”
“This sprawling drug trafficking enterprise operated for many years, across thousands and thousands of miles,” said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. “As massive amounts of marijuana and money moved across the country, Malik Martin and his co-conspirators eagerly racked up the ill-gotten gains. The FBI will continue to investigate and disrupt drug trafficking operations, as we work to make our communities safer.”
This case was investigated by the FBI and is being prosecuted by Assistant United States Attorneys Daniel Velez and Randall Hsia.
Department of Justice and Department of Interior Team up for Major Expansion of Tribal Access to National Crime Information DatabasesRead the Press Release
WASHINGTON: United States Attorney Halsey B. Frank joined the Department of Justice (DOJ) and the Department of the Interior (DOI) in announcing a dramatic expansion of the federal government’s key program that provides tribes with access to national crime information databases, DOJ’s Tribal Access Program for National Crime Information (TAP). The expansion includes the Penobscot Nation.
“I am pleased that the Penobscot Nation will have access to the FBI’s national crime databases through TAP,” said U.S. Attorney Frank. “The ability to access and exchange crime information is extremely valuable. It will enable tribal government to better investigate criminal activity, police their community, and keep their community safe.”
“Access to TAP-FULL, will equip the Penobscot Nation Law Enforcement Program with the means to effectively collaborate with all local and state law enforcement agencies, by informing them of persons that are needing protection orders served upon them, getting an accurate account to other agencies of the persons that have been arrested for criminal offenses with the tribe’s jurisdiction and that are out on bail with restrictions and those persons adjudicated and have certain probation conditions they have to abide by,” said Department of Public Safety Chief Robert Bryant. “TAP will also allow us to better protect victims of domestic violence by having orders of abuse or harassment entered into National Crime Information Center (NCIC) in a timely manner. The result is a safer community.”
By the end of 2019, DOJ will expand the number of TAP participating tribes by more than 50 percent—from 47 tribes to 72. DOI will fund the instillation of TAP Kiosks at three locations where the BIA-Office of Indian Services (BIA-OIS) deliver direct service social services by the end of 2019 and DOI aims to expand TAP access at all 28 BIA-Office of Justice Services (BIA-OJS) operated law enforcement agencies and detention service centers. These BIA locations will provide some degree of access to TAP for services delivered to more than 50 tribal communities that currently do not have any direct access.
“Access to information is vital to effective law enforcement,” said Trent Shores, U.S. Attorney for the Northern District of Oklahoma and the Chairman of the Attorney General’s Native American Issues Subcommittee (NAIS). “TAP will enhance and improve the ability of tribal law enforcement officers to serve their communities. The Native American Issues Subcommittee is proud to support the continued expansion of this tool throughout Indian Country.”
The NAIS is comprised of U.S. Attorneys with Indian Country in their federal districts. They advise the Attorney General regarding the development and implementation of policies pertaining to justice in Indian Country. The NAIS identified “increased law enforcement resources” as one of four priority areas to improve justice services in Indian Country. Support for and increased dissemination of the TAP was unanimously supported by the U.S. Attorneys at a recent NAIS meeting in Indian Country in Tulsa, Oklahoma.
TAP, offered in two versions, TAP-FULL and TAP-LIGHT, allows tribes to more effectively serve and protect their communities by fostering the exchange of critical data through several national databases through the FBI’s Criminal Justice Information Systems network, including the NCIC, Next Generation Identification, National Data Exchange, National Instant Criminal Background Check System, Law Enforcement Enterprise Portal as well as other national systems such as the International Justice and Public Safety Network. TAP enhances tribal efforts to register sex offenders pursuant to the Sex Offender Registration and Notification Act; have orders of protection enforced nationwide; protect children; keep firearms away from persons who are disqualified from receiving them; improve the safety of public housing, and allow tribes to enter their arrests and convictions into national databases.
TAP-FULL consists of a kiosk workstation that provide access to national systems and is capable of processing finger and palm prints, as well as taking mugshots and submitting records to national databases. TAP-LIGHT is software for criminal agencies that include police departments, prosecutors, criminal courts, jails, and probation departments. Both versions provide federally recognized tribes the ability to access and exchange data with national crime information databases for both civil and criminal purpose. TAP is currently available to 47 tribes nationwide with over 220 tribal criminal justice and civil agencies participating.
For more information on TAP, including a list and map of present TAP-FULL and TAP-LIGHT tribes, visit www.justice.gov/tribal/tribal-access-program-tap
For more information about the DOJ’s work on tribal justice and public safety issues, visit: www.justice.gov/tribal.
DEA and partners hold National Prescription Drug Take Back Day on October 27, 2018Read the Press Release
DEA aims to dispose of 10 million pounds of unused pills
DETROIT – After collecting a total of more than 9.9 million pounds (nearly 5,000 tons) of expired, unused and unwanted prescription medications during 15 previous events over the past eight years, the Drug Enforcement Administration expects to reach a total of 10 million pounds collected following the upcoming fall 2018 Take back event. DEA and its national, tribal and community partners will hold the 16th National Prescription Drug Take Back Day across the country on Saturday, October 27. The service is free and anonymous.
This weekend, more than 5,400 collection sites manned by more than 4,400 partner law enforcement agencies will be open 10 a.m. to 2 p.m. local time. The public can find a nearby collection site at www.DEATakeBack.com or by calling 800-882-9539. (DEA cannot accept liquids, needles or sharps.)
"We know that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet," said Acting Administrator Uttam Dhillon. "If we reduce the availability of those unused or expired medications through proper disposal, the fewer drugs there are to be misused, and fewer people will be at risk for abuse, addiction, overdose, and even death."
The National Prescription Drug Take Back Day Initiative addresses a critical public safety and public health issue. Rates of prescription drug abuse in the United States continue to be alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Because the Environmental Protection Agency and the Food and Drug Administration have advised the public that flushing their prescription drugs down the toilet or throwing them in the trash pose potential safety and health hazards, DEA launched its prescription drug take back program to encourage the safe disposal of medications.
National Take Back Day has received robust public support since its inception in 2010. Last April, the public turned in 456 tons (912,305 pounds) of prescription drugs at more than 5,800 sites operated by the DEA and nearly 4,700 of its local and tribal partners.
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Cyber criminal sentenced for hacking universitiesRead the Press Release
ATLANTA – Olayinka Olaniyi, a citizen of Nigeria, was sentenced on charges of conspiracy to commit wire fraud, computer fraud and aggravated identity theft. Olaniyi was convicted by a federal jury on August 9, 2018, after a three-day trial. Co-defendant, Damilola Solomon Ibiwoye, pleaded guilty to similar charges and was sentenced on January 31, 2018.
“These defendants’ attempted theft of millions of dollars by tricking unsuspecting victims into providing personal information, subsequently leading to the infiltration of other computer systems,” said U.S. Attorney Byung J. “BJay” Pak. “While cybercrime has no borders, those who operate under the cloak of anonymity that the Internet provides will not be shielded from extradition and prosecution.”
“This sentence is the direct result of the hard work of FBI investigators and federal prosecutors working with their international partners, proving once again that cybercriminals cannot hide behind geographic borders anymore,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “We are determined to protect our citizens and our institutions no matter how far the investigation reaches.”
“The scheme that these perpetrators attempted against college and university employees in our state is unfortunately all too common and underscores the ever-increasing need to remain vigilant in cybersecurity efforts,” said Attorney General Chris Carr. “We will continue working with our local, state and federal partners to investigate and prosecute those who seek to steal from Georgians and educate our citizens on how to avoid falling victim to deceptive practices.”
According to U.S. Attorney Pak, the charges, and other information presented in court: Olaniyi and Ibiwoye were behind several “phishing scams” that targeted colleges and universities in the United States, including the Georgia Institute of Technology (“Georgia Tech”) and the University of Virginia. While both are Nigerian citizens, they committed their crimes while living in Kuala Lumpur, Malaysia, and were extradited to the United States to face these charges.
A “phishing scam” is the act of sending fraudulent emails that appear to come from legitimate enterprises for the purpose of tricking the recipients into providing personal information, including usernames and passwords. Olaniyi and Ibiwoye directed phishing emails to college and university employees. Once they had possession of employee logins and passwords, they were able to steal payroll deposits by changing the bank account into which the payroll was deposited. Also, while logged into the university system through the stolen logins and passwords, these defendants were able to gain access to employee W2 forms, which they used to file fraudulent tax returns. The attempted theft was over $6 million.
The stolen funds were routed into U.S. bank accounts, and the evidence showed that access to these bank accounts was acquired through the use of romance scams, where fraudsters pose on dating sites and apps as potential partners to gain the trust of their victim. At some point, the fraudsters made requests to deposit money into their victims’ accounts and claimed to need all of the account information, including their account numbers, routing numbers, passwords, and answers to security questions. In this case, all of that information was then used to funnel the proceeds of theft through those accounts and out of the country.
Olayinka Olaniyi, 34, of Nigeria was sentenced to five years, 11 months in prison, to be followed by three years of supervised release on October 22, 2018. Olaniyi was also ordered to pay restitution in the amount of $56,175.44.
Damilola Solomon Ibiwoye, 29, of Nigeria was sentenced to three years, three months in prison to be followed by three years of supervised release on January 31, 2018. He was also ordered to pay $56,175.44 in restitution.
This case was investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorney Jeffrey A. Brown, Deputy Chief of the Complex Frauds Section, and Special Assistant U.S. Attorney Laura D. Pfister prosecuted the case.
Criminal Complaint Charges Three City of Miami Police Department Officers with Federal Drug Trafficking ChargesRead the Press Release
U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida, Robert F. Lasky, Special Agent in Charge of the FBI’s Miami Field Office, and Jorge R. Colina, Chief of the City of Miami Police Department (MPD), today announced the unsealing of a criminal complaint charging City of Miami Police Officers Schonton Harris, Kelvin Harris, and James Archibald for their involvement in a drug trafficking conspiracy.
Schonton Harris, Kelvin Harris and Archibald were charged with conspiracy to possess cocaine with the intent to distribute, in violation of Title 21, United States Code, Section 846; attempting to possess cocaine with the intent to distribute, in violation of Title 21, United States Code, Section 846 and Title 18, United states Code, Section 2; and using and carrying a firearm during and in relation to a drug trafficking crime, in violation of Title 18, United States Code, Sections 924(c) and 2. If convicted of the conspiracy and attempted narcotics possession with intent to distribute charges, the defendants each face life in prison and a mandatory-minimum sentence of 10 years in prison. If convicted of the armed drug trafficking offense, each defendant faces a mandatory consecutive sentence of 5 years in prison.
The criminal complaint alleges that Officers Schonton Harris, Kelvin Harris and Archibald collectively provided protection to the transportation and distribution of purported cocaine, opioids and drug proceeds, in exchange for cash (bribe) payments. The Officers believed that they were protecting the activities of money launders and narcotics traffickers, when in fact they were engaged in a criminal enterprise with undercover federal officers.
The complaint alleges Officer Schonton Harris initially provided protection for a courier who was purportedly collecting drug proceeds from pharmacies and clinics engaged in the illegal sale of opioids and then depositing the money into a bank. She also allegedly acted as a police protection escort for a purported shipment of 2,000 prescription opioid pills and multiple kilograms of cocaine, that were transported to a Miami-area hotel. The complaint further alleges that Officer Kelvin Harris later joined the protection scheme. Together, Officers Schonton Harris and Kelvin Harris provided police protection for a purported money launderer. They then allegedly escorted a multi-kilogram shipment of sham cocaine. The complaint alleges, in September 2018, Officer Archibald actively joined the drug trafficking conspiracy. Believing they were working with a high-level narcotics trafficker, the three officers allegedly provided police protection for a 40-kilogram delivery of sham cocaine. On a later date, the three officers allegedly transported 30-kilograms of sham cocaine from a Miami-area marina to Miami-area hotels. Rather than protecting the couriers, the officers are alleged to have personally taken possession of the sham cocaine.
The complaint also alleges that Officer Schonton Harris sold a City of Miami Police Department uniform and badge to an undercover officer, for $1,500.
At times during the protection details, the officers were armed and/or in uniform.
U.S. Attorney Fajardo Orshan said, “The charges announced today represent a united commitment, amongst federal and state partners, to combat corruption. No one wants corrupt officers in our police departments or on our streets. We will not allow those who abuse their positions of power, to tarnish the reputation of the City of Miami Police Department and the dedicated officers who proudly serve and protect our South Florida communities. The U.S. Attorney’s Office commends City of Miami Police Chief Jorge Colina for leading by example and encourages anyone with information regarding corruption to contact the FBI.”
“This investigation was initiated by the City of Miami Internal Affairs, then developed with the leadership of the FBI’s Miami Area Corruption Task Force,” said Denise Stemen, Assistant Special Agent in Charge, FBI Miami. “Chief Jorge Colina took decisive action to preserve the integrity of his department and the fine officers who serve Miami every day. I commend his actions and discretion throughout this investigation.”
“We are committed to protecting our communities and eliminating corruption,” stated MPD Chief Jorge Colina. “Once the City of Miami Police Department was made aware of the suspected criminal conduct, we immediately reached out to our federal partners to ensure that any officer who breaks the law faces appropriate consequences. We commend the concerned citizen who made the initial report to law enforcement and initiated this important investigation. We encourage anyone with information regarding suspected corruption to report their concerns directly to our police department or the FBI.”
A criminal complaint contains allegations and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney Fajardo Orshan commends the investigative efforts of the FBI, the FBI Miami Area Corruption Task Force and MPD in this matter. The case is being prosecuted by Assistant U.S. Attorney Harry Wallace.
Related court documents and information can be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Cottonwood Woman Sentenced to over 21 Years in Prison for Child Pornography Related ChargesRead the Press Release
PHOENIX – Yesterday, Sarah Melissa Cox, 41, of Cottonwood, Ariz., was sentenced by Senior U.S. District Judge Roslyn O. Silver to 262 months’ imprisonment, to be followed by lifetime supervised release. Cox had been convicted of three counts of receipt of child pornography, one count of noticing or advertising child pornography, and one count of distribution of child pornography at a jury trial in May.
Evidence at trial showed that Cox engaged in a conversation with Richard Hennis of Colorado from August 2015 until January 2016, using the Kik social media application. Cox and Hennis described in detail kidnapping, molesting, and assaulting children. Hennis sent numerous images of child pornography to Cox, including three images of an infant being sexually assaulted that Hennis had conspired to produce with a different woman. Cox provided Hennis with a link to additional child pornography.
“Cox not only viewed, described, and exchanged pictures and videos of horrendous acts against infants and young children, she also suggested kidnapping and sexually assaulting other children,” said First Assistant United States Attorney Elizabeth A. Strange. “Cox’s conduct is shocking and deserving of the lengthy prison sentence.”
“The lengthy sentence handed down in this case is instrumental in pursuing justice for the victims of this child predator’s heinous crimes,” said Scott Brown, special agent in charge of HSI Phoenix. “HSI will continue to aggressively pursue those who seek to abuse our most vulnerable population and continue our partnership with the U.S. Attorney’s office to ensure sexual predators are apprehended and prosecuted.”
The investigation in this case was conducted by Homeland Security Investigations (HSI). The prosecution was handled by Assistant U.S. Attorneys Robert Brooks and Christina Covault, District of Arizona, Phoenix.
CASE NUMBER: CR-16-08202-PCT-ROS
RELEASE NUMBER: 2018-134_Cox
# # #
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.
Contractor Sentenced to 21 Months in Prison for Stealing from Paterson Municipal Utilities Authority and Jersey City Childhood Development CentersRead the Press Release
NEWARK, N.J. – A Linden, New Jersey, man was sentenced today to 21 months in prison for conspiring with officials at the Paterson Municipal Utilities Authority (MUA) and the Jersey City Childhood Development Centers Inc. (JCCDC) to fraudulently obtain payments for services he never provided, U.S. Attorney Craig Carpenito announced.
Carnell Baskerville, 51, previously pleaded guilty before U.S. District Judge Jose L. Linares to an information charging him intentionally conspiring with a former commissioner with the Paterson MUA to commit extortion under color of official right and conspiring with Robert E. Mays, the former Executive Director of the JCCDC, to embezzle and obtain by fraud funds that were under the care and control of the JCCDC, an organization that received more than $10,000 in federal program benefits annually. Judge Linares imposed the sentence today in Newark federal court.According to documents filed in this case and statements made in court:
Baskerville was a self-employed contractor based in Linden who provided contracting services for both residential homes and commercial businesses. Around 2014, Baskerville became acquainted a conspirator who was then a commissioner with the since-dissolved Paterson MUA, which had been created to manage the hydroelectric plant on the Passaic River and care for certain surrounding properties.
Baskerville and the conspirator entered into an agreement whereby the conspirator, who exercised control over Paterson MUA finances, would approve payments from the Paterson MUA to Baskerville’s company for services rendered, even though both Baskerville and the conspirator knew that Baskerville had not and would not perform those services.
Between December 2014 and May 2015, the conspirator wrote a series of Paterson MUA checks totaling $146,500 to Baskerville’s company. Baskerville deposited these checks in his bank account and kicked back a significant percentage in cash to the conspirator to reward him for his official assistance in carrying out the scheme.
Baskerville entered into a similar scheme with Mays, the Executive Director of the JCCDC, which operated as a non-profit organization created to serve impoverished and disabled children in Jersey City. In February 2014, Baskerville and Mays entered into a purported contract for Baskerville to provide kitchen renovation work on behalf of JCCDC, knowing full well that Baskerville had not and would not perform those services.
In late February 2014, Mays issued a JCCDC check in the amount of $29,675 to Baskerville. Baskerville and Mays met at a check cashing business in Jersey City where they cashed the check and split the proceeds between them.
In addition to the prison term, Judge Linares sentenced Baskerville to three years of supervised release and ordered him to pay restitution of $176,175.Mays pleaded guilty to wire fraud on June 7, 2016 before U.S. District Judge Susan D. Wigenton. On July 31, 2017, he was sentenced to 18 months in prison and ordered to pay restitution in the amount of $257,418.20.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation.
The government is represented by Assistant U.S. Attorney Mark J. McCarren of the U.S. Attorney’s Office’s Special Prosecutions Division in Newark.
Defense counsel: Arthur Abrams Esq., Jersey City
Chairman of the Rochester Housing Authority Charged with Lying to the FBIRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that George H. Moses, 50, of Rochester, NY, was charged by criminal complaint with making false statements to Special Agents of the FBI. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, the defendant is the Chairman of the Board of Commissioners of the Rochester Housing Authority (RHA), which provides housing opportunities and services for the Rochester community and a board member of the Rochester Housing Charities (RHC). The RHA has an annual contract with the United States Department of Housing and Urban Development from which it receives millions of dollars.
As alleged in the criminal complaint, on March 25, 2015, defendant Moses, as Chairperson of the Board of RHA, caused that Board: (a) to appoint him as one of the three new board members of the RHC, and (b) to approve a loan by the RHA to the RHC in the amount of $300,000.
On July 7, 2015, the RHC entered into an $87,500 one year contract with Capital Connection Partners LLC (CCP) for various services including: (a) advocating at the local, state and federal level of government for policy and legislation, reviewing best practices, and issuing presentations to elected officials; and (b) finding self-sufficient resources to include creating entrepreneurial opportunities and workforce development, developing revenue streams for residents, and applying for federal home loan bank grants.
The following day, on July 8, 2105, Adam McFadden, on behalf of his company, Caesar Development LLC, executed a contract with CCP entitled the Pass Through Funding and Services Agreement, which provided that CCP would pass through 75% of the funds it received from the RHC to Caesar Development LLC.
On August 3, 2015, the RHA on behalf of the RHC paid CCP $43,750, which represented the first installment payment under the terms of the RHC and CCP Contract. Thereafter, on August 8, 2015, CCP paid $32,812.50 to Caesar Development LLC, which represented 75% of the funds CCP had just received from the RHA.
Subsequently, on December 23, 2015, the RHC paid $43,750 to CCP, which represented the second installment payment under the terms of the RHC and CCP Contract. On the following day, December 24, 2015, CCP paid $32,812.50 to Caesar Development LLC, which represented 75% of the funds CCP had just received from the RHC.
In the course of an investigation into these contracts between RHC and CCP and between CCP and Caesar Development LLC, Special Agents of the FBI had occasion to interview defendant Moses regarding his knowledge of those contracts and payment of funds pursuant to them.
As alleged in the criminal complaint, during the course of those interviews Moses made the following materially false statements to the FBI:
• When asked how RHC learned of CCP, defendant Moses falsely stated that he could not recall specifically who brought CCP to the attention of the RHC, when in truth and in fact, defendant Moses knew that McFadden had brought CCP to his attention and to the attention of the RHC.
• When asked whether he knew if CCP had any subcontractors doing work under the RHC and CCP Contract, Moses stated that he was unaware of any sub-contractors that CCP utilized to execute the RHC and CCP Contract, when in truth and in fact, defendant Moses knew that McFadden and his company, Caesar Development LLC were allegedly performing work on behalf of CCP in connection with CCP’s contract with RHC.
• When told that Adam McFadden and his company received money from the RHC and CCP Contract, defendant Moses stated that he was surprised that McFadden and Caesar Development LLC received such money, when in truth and in fact, defendant Moses knew that McFadden and Caesar Development LLC, had received such money.
• When discussing a meeting held between CCP and the boards of the RHA and RHC on December 11, 2015, defendant Moses stated that he was surprised that McFadden was also at the meeting, when in truth and in fact, defendant Moses knew McFadden would be in attendance at such meeting.
The defendant made an initial appearance before U.S Magistrate Judge Payson and was released.The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-in-Charge Brad Geary.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #Canton man sentenced to more than eight years in prison for child pornography crimesRead the Press Release
A Canton man was sentenced to more than eight years in prison for child pornography crimes.
Marshall Belden, Jr., 70, previously pleaded guilty to receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct. Belden was sentenced to 103 months in federal prison.
Belden on Oct. 24, 2016 knowingly received and distributed numerous computer files which contained visual depictions of real minors engaged in sexually explicit conduct, and which files had been shipped and transported in and affecting interstate and foreign commerce. On Jan. 26, 2017, Belden possessed a computer and an external hard drive, each of which contained child pornography, according to court documents.
This case is being prosecuted by Assistant U.S. Attorney Michael A. Sullivan following an investigation by the Canton office of the Federal Bureau of Investigation and the Canton Police Department.
Canadian Man Sentenced to 30 Days for Importing Illegally-Harvested Moose Antlers and HideRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Daniel F. Dyer, 57, of Plaster Rock, New Brunswick, Canada was sentenced today in U.S. District Court by Judge Jon D. Levy to 30 days in prison for importing illegally-taken moose antlers and a moose hide. He was also fined $5,000. He pled guilty on May 17, 2018.
According to court records, on September 28, 2013, Dyer, a Canadian outfitter and guide, arranged for Richard Eaton, a West Virginia resident, to unlawfully harvest a moose in New Brunswick using a license issued to a New Brunswick resident. Dyer later brought the hide and antlers of the moose through Maine. Dyer delivered the hide to a taxidermist in Pennsylvania and the antlers to Eaton in West Virginia. In 2014, Eaton was convicted in federal court of receiving the illegally-taken moose.
In imposing the sentence, Judge Levy found that Dyer had obstructed justice by instructing Eaton to falsely claim that another Canadian guide had shot the moose and said the cover-up was as bad as, or worse than, the crime itself.
The investigation was conducted by the U.S. Fish and Wildlife Service and the Wildlife Enforcement Division of Environment Canada (New Brunswick).
Brooklyn Resident Sentenced to Prison for Defrauding the IRS and Stealing Government FundsRead the Press Release
A Brooklyn, New York, man was sentenced to 48 months in prison for conspiring to defraud the government and theft of public funds, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to documents filed with the court, Akim Martin, also known as Akim Davis, conspired with others to file fraudulent tax returns for companies and individual taxpayers. As part of the scheme, from March 2009 through March 2013, Martin and his co-conspirators filed false tax returns in the names of businesses they purportedly owned and operated, claiming phony deductions for wages paid to employees that purportedly worked for the fake companies. Martin negotiated fraudulently obtained federal refund checks and spent the money on his personal expenses. Martin’s conduct resulted in a tax loss of over $550,000.
In addition to the term of imprisonment imposed, U.S. District Judge Carol Bagley Amon ordered Martin to serve 3 years of supervised release, forfeit $82,600, and to pay restitution of $544,325 to the IRS.
Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Jason Scheff and Ann M. Cherry of the Tax Division, who prosecuted the case.
Bridgeport Woman Pleads Guilty to Charges Stemming from Medicaid Fraud SchemeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that NIKKITA CHESNEY, 45, of Bridgeport, waived her right to be indicted and pleaded guilty today before U.S. District Judge Victor A. Bolden in Bridgeport to one count of health care fraud and one count of aggravated identity theft.
According to court documents and statements made in court, in May 2012, Chesney was employed by a health care provider that provided substance abuse treatment, including a detoxification program located in Bridgeport, when she was approached by Juliet Jacob and another individual. Jacob and the other individual operated two businesses, Transitional Development And Training (TDAT) and It Takes A Promise (ITAP), both located at 360 Fairfield Avenue in Bridgeport, which provided social and psychotherapy services. At the suggestion of the other individual, Chesney began to steal the personal identification information of Medicaid clients who were patients of her employer. The personal identifying information included the patients’ Medicaid identification number, Social Security Numbers and dates of birth. Chesney, Jacob and the other individual then used the stolen identity information to bill Medicaid for psychotherapy services purportedly provided by TDAT and ITAP, when the Medicaid clients had never received any such services from TDAT and ITAP.
In pleading guilty, Chesney admitted to stealing the identity information of more than 150 Medicaid clients from her employer, and that she and her co-conspirators successfully billed Medicaid for approximately half of those clients. Chesney further admitted that she and her co-conspirators also billed Medicaid for services to other clients that were never provided to those clients.
When she is sentenced, Chesney faces a maximum term of imprisonment of 10 years for health care fraud, and a mandatory consecutive sentence of two years for aggravated identity theft. She also has agreed to a restitution order of $1,364,698. A sentencing date has not been scheduled.
Chesney is released on a $25,000 bond pending sentencing.
On October 18, 2018, Jacob pleaded guilty to one count of health care fraud for her role in this scheme and a separate Medicaid fraud scheme. She faces a maximum term of imprisonment of 10 years and has agreed to a restitution order of $2,711,173.
Five other individuals have been charged and convicted of health care fraud offenses as a result of this ongoing investigation.
This matter is being prosecuted by Assistant U.S. Attorney David J. Sheldon and Auditor Susan Spiegel.
This case is being jointly investigated by the Office of the Inspector General of the U.S. Department of Health and Human Services and the Medicaid Fraud Control Unit of the Chief State’s Attorney’s Office and the Federal Bureau of Investigation, with assistance from the Connecticut Attorney General’s Office. U.S. Attorney Durham thanked the Connecticut Department of Social Services for their role in identifying the fraudulent scheme and supporting the investigation and prosecution of the case.
The U.S. Attorney’s Office, Chief State’s Attorney’s Office and Attorney General’s Office meet regularly as part of The Medicaid Fraud Working Group. The Working Group also includes representatives from the Connecticut Department of Social Services; the Connecticut Department of Public Health; the Drug Control Division of the Connecticut Department of Consumer Protection; the Office of the Inspector General of the U.S. Department of Health and Human Services, and the FBI. The Working Group reviews pending issues and cases, identifies trends that might indicate fraudulent activity, and coordinates efforts for maximum results.
People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS.
Bloomfield Woman Sentenced to 92 Months for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Season Smith, 41, of Bloomfield, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 92 months in prison for her conviction on a methamphetamine trafficking charge. Smith will be on supervised release for four years after completing her prison sentence.
Smith and co-defendant Jeffrey Kline, 46, of Farmington, N.M., were charged in a two-count indictment filed on April 11, 2017, with conspiracy and possession of methamphetamine with intent to distribute. The indictment alleged that the defendants committed the offenses on Feb. 10, 2017, in San Juan County, N.M.
On May 30, 2018, Smith pled guilty to possessing methamphetamine with intent to distribute. In entering the guilty plea, Smith admitted that on Feb. 10, 2017, law enforcement officers stopped Kline and Smith while they were traveling from Arizona to New Mexico after they picked up methamphetamine from a source of supply. Smith further admitted that the officers seized approximately 511.7 grams of methamphetamine, 13.6 grams of heroin and drug paraphernalia when they executed a lawful search of her purse.
Kline previously pled guilty on July 26, 2017, to possession of methamphetamine with the intent to distribute, and was sentenced on April 9, 2018, to 120 months in prison followed by six years of supervised release.
The case was investigated by the Farmington office of the FBI and the Farmington Police Department. Assistant U.S. Attorney Eva Fontanez prosecuted the case as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.
Berkeley County man admits to illegal gun possessionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Christopher Wade Rebish, of Martinsburg, West Virginia, has admitted to having a machine gun, United States Attorney Bill Powell announced.
Rebish, age 30, pled guilty today to one count of “Illegal Possession of Machine Gun.” Rebish admitted to having a 5.7X28 mm caliber machine gun in Berkeley County in March 2017.
Rebish faces up to 10 years incarceration and a fine of up to $250,000. 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 Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Battle Creek Man Known as "Rodeo Loco" Sentenced to Life Imprisonment for Sexually Exploiting Three High School GirlsRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. District Judge Janet T. Neff sentenced Michael Clayton (a.k.a. "Rodeo Loco") to life in prison for sexually exploiting three girls, each about half Clayton’s age. The sentence follows a three-day trial, where a jury found Clayton guilty of being a felon in possession of firearms, conspiring to distribute cocaine, producing child pornography involving the three girls, and forcing one of them to engage in prostitution. Judge Neff remarked, "this was a horrendous, drug-fueled, weapon-heavy nightmare…. We really do need to protect the public from further crimes of this man."
The Battle Creek Police Department (BCPD) became aware of Clayton’s exploitation when they received a call on October 5, 2017, informing them Clayton was holding a 16-year-old girl against her will. Police reported to Clayton’s residence around 9:30 pm. Clayton initially told police there were no females at the house, but they found the 16-year-old girl in the unlit basement:
After interviewing the girl, police learned Clayton forced her into the basement to avoid police detection. She originally met Clayton a few weeks earlier, when he invited her to party, gave her cocaine, and expected her to have sex with him as payment for the cocaine. Clayton continued providing her cocaine and demanding sex, and he frequently recorded and saved videos of those sex acts. When BCPD and the Department of Homeland Security Investigations (HSI) executed search warrants for Claytons SnapChat account and iPhone, they uncovered over 20 videos of Clayton engaging in sex acts with the 16-year-old, as well as approximately 10 more videos involving a 15 and 17-year-old.
Those search warrants also revealed videos of Clayton with cocaine and guns:
Clayton used the proceeds of his illegal drug sales to promote a business he called Zombie Lifestyle. Police seized this car in association with the case:
The 16-year-old girl also told BCPD that Clayton and his co-defendant, Ramiro Hernandez, pushed her to have sex for money about a week before BCPD found her. Clayton and Hernandez arranged that sex date with someone she did not know, and Clayton kept all of the money. Hernandez pled guilty to sex trafficking the 16-year-old, testified against Clayton at trial, and received a 10-year sentence from Judge Neff.
"This sentencing highlights HSI's commitment to aggressively investigate human trafficking crimes by protecting victims and bringing traffickers to justice," said HSI Special Agent in Charge Steve Francis. "HSI will continue to work tirelessly with our law enforcement partners to dismantle these vile trafficking networks that prey on the vulnerable members of our community."
This case is part of the Project Safe Neighborhood initiative, and it was investigated by BCPD and HSI. Assistant U.S. Attorneys Davin M. Reust and Daniel Y. Mekaru prosecuted it.
END
Baldwin Woman Pleads Guilty to Creating Fentanyl Synthesis Lab in a Pittsburgh Motel 6Read the Press Release
PITTSBURGH, Pa – A resident of Baldwin, Pennsylvania, pleaded guilty in federal court to a narcotics charge, United States Attorney Scott W. Brady announced today.
Angel Grannison, age 32, waived indictment and pleaded guilty to a one count information charging her with maintaining a drug involved premises before United States Chief District Judge Joy Flowers Conti.
In connection with the guilty plea, the court was advised that on May 11, 2018, Allegheny County Police detectives and a Special Agent from the Drug Enforcement Administration in Pittsburgh responded to a Motel 6 in Pittsburgh to a complaint of a strong chemical odor coming from one of the rooms. When they responded, investigators found Grannsion in the room. In the bathroom of the room, Grannsion had set up a fentanyl synthesis lab using commercial chemistry equipment and using chemicals from China. Investigators also recovered numerous packages with Chinese return addresses, a ‘Chemistry for Dummies’ book, and a handwriting journal with notes on fentanyl production.
Judge Conti scheduled sentencing for February 12, 2019. The law provides for a maximum sentence of up to 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior record, if any, of the defendant.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.
The Allegheny County Police, the Allegheny County Crime Lab, the Drug Enforcement Agency, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation that led to the guilty plea in this case.
Amsterdam Man Sentenced on Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Kevin Safford, age 33, of Amsterdam, New York, was sentenced today to 24 months in prison, to be followed by 20 years of supervised release, for possessing child pornography and accessing a child pornography web site available only through an anonymous Internet network.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his plea, Safford admitted that in 2015, he accessed Playpen, an online forum through which registered users advertised, viewed, and distributed child pornography. Images and videos shared through the site were highly categorized according to victim age and gender, and type of sexual activity depicted.
Before the FBI seized the Playpen web site and shut it down, it was available only through an anonymous Internet network, which allowed users to access websites including Playpen without revealing their actual internet protocol address, geographic location, or other identifying information. Safford admitted that he logged into Playpen in order to access its child pornography content. He also admitted to possessing child pornography on an external hard drive.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Michael Barnett.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Alabama man sentenced for trying to have sex with underage girls in GeorgiaRead the Press Release
NEWNAN, Ga. - Christopher Bradley Braden, who on two separate occasions arranged to meet minor girls for sex, was sentenced to federal prison for enticing a minor to engage in illegal sexual activity.
“This defendant was brazen and persistent in seeking out young girls on the Internet,” said U.S. Attorney Byung J. “BJay” Pak. “On two separate occasions, Braden drove for hours hoping to have sex with young girls. Thanks to the vigilance of our law enforcement partners, Braden is being held accountable for his depraved conduct.”
“On two separate occasions Braden drove for hours hoping to have sex with young girls and most likely would have continued if he wasn’t arrested,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI Atlanta Metro Atlanta Child Exploitation Task Force (MATCH) is committed to remain vigilant, holding predators who pose a threat to our children, accountable.”
“Online sexual predators of children are a problem within our communities, said Marietta Police Chief Dan Flynn. “We appreciate the assistance of our federal partners and we are grateful to have intercepted the suspect before another child was harmed.”
According to U.S. Attorney Pak, the charges and other information presented in court: In November 2016, Braden started communicating with a young girl on the cell phone app “Meet24.” She told him that she was 13 years old. He immediately initiated sexual conversations with the minor, asking about her body development and her sexual experience. Braden even sent her a video of himself masturbating. He made arrangements to meet her for the purpose of having sex with her on December 1, 2016. When he showed up at the pre-arranged location in Marietta, he was met by two Marietta Police Department officers and arrested. The 13-year-old girl was actually an undercover police officer. He was later released on bond.
In May 2017 - only six months later - Braden met a 14-year-old girl on the same cell phone app. Again, he asked questions about her body development and her sexual experience. He even sent the girl a photo of his erect penis. Braden then made arrangements to meet her at a gas station in Bremen, Georgia. While traveling to Bremen, he sent the girl a message confirming that she was 14 years old. When Braden showed up near the gas station, he was pulled over and arrested by Bremen Police Department officers. Like before, the 14-year-old girl was actually an undercover police officer.
Braden, 40, of Jasper, Alabama, has been sentenced to 10 years, six months in prison, to be followed by 15 years of supervised release. Braden will also be required to register as a sex offender when he is released from prison. Braden was convicted on these charges on July 11, 2018, after he pleaded guilty.
This case was investigated by the Federal Bureau of Investigation, Marietta Police Department, and Bremen Police Department.
Assistant U.S. States Attorney Paul R. Jones prosecuted the case.
This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
A Former Alabama Resident Charged by Complaint with Attempting to Provide Material Support and Resources to a Foreign Terrorist OrganizationRead the Press Release
BIRMINGHAM – Alaa Mohd Abusaad was charged by complaint in Birmingham, Alabama with attempting to provide material support and resources to al Qaeda, a designated foreign terrorist organization, and aiding and abetting others, in violation of Title 18, United States Code, Sections 2339B and 2. Assistant Attorney General John Demers of the National Security Division, United States Attorney Jay E. Town of the Northern District of Alabama, and FBI Special Agent in Charge Johnnie Sharp Jr. of the Birmingham Division made the announcement today.
As set forth in the complaint, Abusaad instructed an FBI undercover employee (UCE) about how to send money to the mujahedeen—fighters engaged in jihad. Abusaad told the UCE that money “is always needed. You can’t have a war without weapons. You can’t prepare a soldier without equipment.” Abusaad also advised the UCE on how to send money without getting caught, such as by using fake names and addresses. Subsequently, Abusaad introduced the UCE to a financial facilitator who could route the UCE’s money to “brothers that work with aq (al Qaeda).”
If convicted, Abusaad faces a maximum penalty of 20 years’ imprisonment, a $250,000 fine, and up to a life term supervised release. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the assigned judge.
Investigation of the case was conducted by the FBI, including FBI offices in Birmingham, Alabama and Cleveland, and Toledo, Ohio. The prosecution is being handled by Assistant United States Attorneys Henry Cornelius and Manu Balachandran, and Trial Attorney Jennifer Levy of the National Security Division’s Counterterrorism Section.
The charges contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
63 Year-Old Man Found Guilty of Transportation of A Minor with the Intent of Committing A Criminal Sexual ActRead the Press Release
SAN JUAN, P.R. – A jury found Wally Irizarry-Sisco guilty of one count of transportation of a minor with intent to engage in criminal sexual activity, announced United States Attorney Rosa Emilia Rodríguez-Vélez. United States District Court Judge Pedro A. Delgado-Hernández presided over the trial.
According to the evidence presented at trial, on March 2015, the defendant transported an 11-year-old female to a motel located in Juana Díaz, PR, with the intent to engage in sexually explicit conduct. Prior to this crime, Irizarry-Sisco was considered part of the family of the female victim.
“The jury found the defendant guilty of stealing this child’s innocence,” said United States Attorney for the District of Puerto Rico, Rosa Emilia Rodríguez-Vélez. “The U.S. Attorney’s Office for the District of Puerto Rico will continue to prosecute sexual predators in order to protect the vulnerable victims of these crimes, our children.”
The case was prosecuted by Assistant United States Attorney Elba Gorbea and Special Assistant United States Attorney Cristina Caraballo. The defendant faces a mandatory minimum sentence of ten (10) years in prison and a maximum sentence of life. The sentencing is scheduled for January 25, 2019 at 10:30 am.
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22 October 2018
Wasilla Man Sentenced for Embezzling Approximately $80k from Labor Union in AlaskaRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that a Wasilla man has been sentenced in federal court for embezzling approximately $80,000, over the course of nearly five years, from the Alaska Chapter of the Association of Civilian Technicians labor union.
Timothy Carrol Smith, 49, of Wasilla, was sentenced on Friday, Oct. 19, 2018, by Chief U.S. District Judge Timothy M. Burgess, to serve eight months in prison, followed by three years of supervised release. Smith was also ordered to pay $80,990.61 in restitution to ACT Chapter 84. Smith previously pleaded guilty in April 2018 to one count of making a false statement.
According to court documents, from 2007 to 2015, Smith held volunteer positions as secretary-treasurer and then president, for Alaska Chapter 84 of the Association of Civilian Technicians (ACT) at Joint Base Elmendorf-Richardson, a labor union representing approximately 70 dues-paying members who are Army National Guard civilian technicians throughout Alaska. During that time, Smith was responsible for managing the organization’s funds, including making travel arrangements, co-signing checks, paying bills, and meeting reporting requirements. Specifically, Smith was responsible for submitting annual financial disclosure reports to the Department of Labor Management and Standards, regarding how the organization’s funds were disbursed. Smith filed the required Form LM-3 on behalf of ACT Chapter 84 for the fiscal years ending 2011, 2012, 2013, and 2014.
Over the course of nearly five years, beginning in January 2011, Smith knowingly and willfully embezzled, stole, and illegally converted union funds to his own personal use in a total amount of $80,990.61, by conducting hundreds of unauthorized transactions. Smith then concealed his embezzlement by filing false reports to the Department of Labor by omitting the full amount of money he was receiving from the union.
For example, between January 2011 and September 2015, Smith used ACT Chapter 84 ATM card to make over 200 unauthorized cash withdrawals totaling $59,401.85. Between December 2010 and September 2015, Smith used an ACT Chapter 84 debit card to pay for over 300 unauthorized transactions totaling $20,988.76. In December 2013, Smith wrote a check payable to “cash” in the amount of $600 and cashed the check for an unauthorized expense. Smith used the stolen funds to pay personal expenses rather than ACT Chapter 84 expenses.
The U.S. Department of Labor, Office of Labor-Management Standards (OLMS) conducted the investigation leading to the successful prosecution of this case. This case was prosecuted by Assistant U.S. Attorneys Aunnie Steward and Stephen Corso.
Virginia Beach Man Pleads Guilty to Four Bank RobberiesRead the Press Release
NORFOLK, Va. – A Virginia Beach man pleaded guilty today to robbing three banks and one credit union.
According to court documents, from October 2017 through April 2018, Rian Michael Lopez, 30, robbed a Wells Fargo bank of $7,700, a Bank of America of $17,191, a BB&T bank of $4,076, and a Bayport Federal Credit Union of $6,800. At the last robbery the bank tellers secreted bait money into the money they gave to Lopez. Sometime later an alert Virginia Beach police officer caught Lopez casing another Wells Fargo bank for a potential robbery, and a search of his car and his home revealed clothing he had worn to the previous robberies and a large of amount of money that included the bait money from the Bayport Federal Credit Union robbery.
Lopez pleaded guilty to bank robbery and faces a maximum of 20 years in prison when sentenced on Jan. 25, 2019. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after U.S. Magistrate Judge Douglas E. Miller accepted the plea. Assistant U.S. Attorney William D. Muhr is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-135.
Vermont Awarded $1.2 Million Grant to Combat Human TraffickingRead the Press Release
The Office of the United States Attorney for the District of Vermont, the Office of the Attorney General for the State of Vermont, the Vermont Department of Public Safety, and Vermont Center for Crime Victim Services announced today that the Vermont State Police (VSP) and the Vermont Center for Crime Victim Services (CCVS) have received a $1.2 million grant to combat human trafficking. This U.S. Department of Justice grant, which was awarded September 27, 2018, will allow VSP and CCVS to work collaboratively with the Vermont Human Trafficking Task Force (VT HTTF) to eradicate the exploitation of human beings for labor and commercial sex. With this grant, Vermont will initiate a statewide approach in the fight against this violation of basic human rights.
This grant is designed to support the delivery of comprehensive and specialized services for all victims of human trafficking and the investigation and prosecution of sex and labor trafficking cases. CCVS and VSP will develop and fund at least three new positions entirely dedicated to promoting victim-centered and trauma-informed investigations and comprehensive service delivery. The $1.2 million grant covers a three-year period beginning October 1, 2018.
Since 2013, under the leadership of the U.S. Attorney’s Office and the Vermont Attorney General’s Office, the VT HTTF has worked to facilitate a collaborative effort to eliminate and prevent the trafficking of persons within the State of Vermont; to pursue prosecution of perpetrators; and to protect, rehabilitate, and empower survivors of human trafficking. Human trafficking is a crime that causes deep and lasting trauma to even the strongest of its survivors.
Human trafficking is the act of compelling a person by force, fraud, or coercion to provide labor or a commercial sex act. Coercion may be subtle and insidious, and traffickers often threaten serious physical, psychological, and emotional harm. Human trafficking is a global, national, and local problem, and Vermont is not immune to this crisis. Drug addicts and other vulnerable people such as children, the disabled, and the undocumented are specifically targeted and recruited by traffickers for exploitation. Between 2014 and mid-2017, in the Chittenden County area alone, the HTTF’s data collection efforts estimate that there were over 250 suspected incidents of human trafficking.
Senator Patrick Leahy (D-VT) said, “I’m proud of the great work done by Vermont’s Human Trafficking Task Force to secure this highly competitive grant. As Vice Chairman of the Senate Appropriations Committee, I’ve worked to ensure these funds are available to Vermont and to other states, where some people may not be aware that human trafficking is a problem. Make no mistake, human trafficking can be found everywhere, particularly in areas hard hit by the illicit drug trade. With this grant, Vermont will have more tools to identify victims and target those who are profiting from this insidious trade.”
United States Attorney Christina E. Nolan remarked, “The HTTF and its partners are very grateful to Senator Leahy and the Appropriations Committee for ensuring the availability of funds to combat human trafficking, and we thank the Department of Justice for granting Vermont’s application for this important funding. Human trafficking is one of the most dangerous and least recognized crimes occurring in Vermont, and it is a particularly awful component of the opioid trade. Tragically, drug dealers routinely earn money by using brutal violence and other forms of coercion to compel addicts to perform sex acts. We are currently prosecuting some of the worst perpetrators of this horrific crime in federal court, and offenders should be on notice that they will be targets for federal prosecution in Vermont. As with the opioid crisis, it is only through a multidisciplinary, holistic approach uniting the enforcement, treatment, and prevention communities, that we can successfully combat the inhumanity and horror that is human trafficking. We have pursued this forward-leaning approach through the HTTF, and this grant will allow us to strengthen our partnerships and expand our efforts – particularly to areas outside Chittenden County – so that we can identify and rescue more victims, support more brave survivors, and bring strong consequences to the perpetrators of this grievous injustice.”
Vermont Attorney General T.J. Donovan stated, “This grant will make a difference for Vermont and for all Vermonters impacted by human trafficking. With these funds and dedicated professionals, we will now be able to direct our efforts in a very targeted way. We will be better able to protect victims and hold those who profit from human trafficking accountable.”
“This grant will allow us to make a giant step forward in our fight against this modern day slavery,” stated Commissioner of Public Safety Thomas D. Anderson. “Every year millions of men, women, and children are trafficked in countries around the world. Vermont is not immune from this crime. This grant will allow us to better protect victims and the public,” stated Anderson.
Vermont Center for Crime Victim Services Director Chris Fenno observed that “with this grant, Vermont will be able to strengthen the Human Trafficking Task Force and work across the state with allied professionals to help ensure that victims are identified and assisted. These funds will greatly enhance collaboration and continue building a strong and unified response to hold accountable those who engage in modern day slavery.”
Additional Task Force partners include Give Way to Freedom, United Way, Vermont Network Against Domestic and Sexual Violence, Vermont Coalition of Runaway and Homeless Youth Programs, HOPE Works, Spectrum Youth and Family Services, Disability Rights Vermont, Federal Bureau of Investigation, Homeland Security Investigations, U.S. Drug Enforcement Administration, U.S. Department of State Diplomatic Security Service, U.S. Department of Labor OIG, Vermont Department for Children and Families, Burlington Police Department, South Burlington Police Department, Colchester Police Department, Rutland Police Department, and the Office of the Chittenden County State’s Attorney.
The Vermont Human Trafficking Task Force is led by Co-Chairs Assistant United States Attorney Abigail Averbach, Assistant Attorney General Cindy Maguire, and Dr. Aron Steward of the Department for Children and Families, and is comprised of subcommittees dedicated to Law Enforcement, Victim Services, and Training and Outreach.
To make a report to law enforcement, call the Vermont Human Trafficking Hotline: 1-888-98HUMAN (1-888-984-8626). Information regarding the human trafficking of a youth (under the age of 18) should be reported to the Department for Children and Families by calling Vermont Centralized Intake: 1-800-649-5285.
If you become aware of an instance of human trafficking and would like to speak with a trained specialist who can help assess the situation and provide information and referrals, call: 211. For more information about human trafficking, please visit https://humantraffickinghotline.org or www.justice.gov/humantrafficking.
U.S. Attorney’s Office for the District of Columbia Launches Hotline for Survivors of Child Sexual Abuse by ClergyRead the Press Release
WASHINGTON – The Superior Court Division’s Sex Offense and Domestic Violence Section and the Victim Witness Assistance Unit of the U.S. Attorney’s Office for the District of Columbia are launching a hotline and e-mail address for survivors to report child sexual abuse by clergy, U.S. Attorney Jessie K. Liu announced today.
Survivors of child sexual abuse by clergy who wish to share their experiences and/or those who have knowledge of such abuse are encouraged to report these incidents to the U.S. Attorney’s Office for potential criminal investigation and prosecution, as a part of the Office’s Superior Court Division intake process.
Survivors of child sexual abuse by a clergy member that took place in a house of worship, school, or other location in the District of Columbia can call the Clergy Abuse Reporting Line at 202-252-7008 or send an e-mail to [email protected]. Survivors can access further information by visiting the following website: https://www.justice.gov/usao-dc/victim-witness-assistance/report-clergy-abuse
All reports will be reviewed and a team of experienced criminal investigators, prosecutors, and victim advocates from the Superior Court Division of the U.S. Attorney’s Office will determine whether any criminal charges can be brought or victim services provided. The victim advocates, who are part of the Victim Witness Assistance Unit, are available to offer support and guidance to survivors who wish to report.
Depending on the nature of the report, some information may be referred to law enforcement or the Office of the Attorney General for the District of Columbia.
Individuals in need of police assistance or wishing to report any other criminal activity or sexual assault or abuse should call 911.
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The U.S. Attorney’s Office is deeply committed to the prosecution of those who commit sexual assaults in the District of Columbia, particularly those who commit such crimes against children. The Sex Offense and Domestic Violence Section in the Superior Court Division is a specialized unit staffed by highly trained and committed prosecutors who investigate and prosecute individuals who commit sexual assaults against children and adults in the District of Columbia, including abuse committed by individuals in a position of trust with the victim. The Victim Witness Assistance Unit provides comprehensive assistance to survivors of sexual abuse and their families. The Office’s victim advocates are highly trained professionals with specialized knowledge of the court system and experience with trauma resulting from sexual assault.
U.S. Attorney Supports Taking Back Unused Prescription Drugs on October 27thRead the Press Release
LEXINGTON, Ky. – Robert M. Duncan, Jr., the U.S. Attorney for the Eastern District of Kentucky, announces his support and encouragement for the DEA and Lexington Police Department, in their National Prescription Drug Take Back Day, Saturday, October 27th, from 10 a.m. to 2 p.m. The DEA and local agencies will be providing the public its 16th opportunity in the past 7 years to take an easy step to help prevent pill abuse and theft, by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs.
Bring your pills for disposal to the following site:
Lexington - Kentucky American Water, 2300 Richmond Rd.
The DEA cannot accept liquids, needles, or sharps, only pills or patches. The service is free and anonymous, no questions asked.
“I strongly support the efforts of DEA and our other law enforcement partners in reducing unlawful access to prescription drugs,” stated U.S. Attorney Duncan. “The DEA and the other agencies involved in Take Back Day provide a vital resource in fighting the opioid problem in the Commonwealth. Far too often, the path to addiction starts with experimentation with legitimately prescribed prescription opioids found in the home. By participating in Take Back Day and disposing of unused pills, you can help prevent a loved one from misusing or abusing prescription drugs.”
For more information about the disposal of prescription drugs or about the October 27th Take Back Day event, go to www.DEATakeBack.com.
Two Tennessee Men Convicted of Pharmacy Burglary and Drug TraffickingRead the Press Release
Case involved dozens of pharmacy burglaries across the Southeast and trafficking in the stolen pills
LONDON, Ky. – Two men from Grundy County, Tennessee were convicted Friday, by a federal jury sitting in London, of a conspiracy to break into pharmacies across the southeast United States and subsequently sell the stolen pills, including oxycodone and hydrocodone.
After a day-and-a-half of deliberations, following a four-day trial, the jury convicted 51-year-old James “Ronnie” Jones and 41-year-old Tony Britton of conspiracy to distribute Schedule II controlled substances. The jury also convicted Britton of the burglary of Stephanie’s Down Home Pharmacy in Corbin, on January 26, 2014.
According to testimony at trial, Jones and Britton worked with others to steal oxycodone and other pills from small, independent pharmacies through nighttime burglaries. The stolen pills would then be sold primarily in central Tennessee. The evidence revealed that the conspiracy was responsible for many dozens of burglaries across a five-year span, including several in eastern and western Kentucky.
Both Jones and Britton were indicted in November 2017.
Co-defendants Robert Nunley, 46, Christopher Land, 56, Anthony Bosio, 45, Randy Stiefel, 54, Kenneth Britton, 40, and Jamie Sweeton, 43, were also indicted and have all pleaded guilty.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; D. Christopher Evans, Special Agent in Charge of the Drug Enforcement Administration’s Louisville Field Division; David Rausch, Director of the Tennessee Bureau of Investigation, and Clint Shrum, Sherriff of Grundy County, Tennessee, jointly announced the convictions.
The investigation was conducted by the DEA, the Tennessee Bureau of Investigation, and the Grundy County Sheriff’s Office, in partnership with several local police departments. The United States was represented in the case by Assistant U.S. Attorney Greg Rosenberg.
Jones and Britton will appear for sentencing on February 19, 2019. Jones faces a maximum of 20 years in prison and Britton faces a maximum of 40 years in prison. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal statutes before imposing the sentence.
Two Charged in Murder of Woman Whose Body was found on Federal Land at Joint Base Lewis-McchordRead the Press Release
Two men are under arrest and charged with second degree murder for the homicide of 34-year-old Jessica Shaunti Jackson, a single-mother whose body was found on Joint Base Lewis-McChord in September 2018, announced U.S. Attorney Annette L. Hayes. BOBBIE ANSON PEASE, 49, of Tacoma and JEREMY JAY WARREN, 30, of Forks, Washington, are charged in a criminal complaint with killing Jackson on September 4, 2018. WARREN will appear in U.S. District Court in Tacoma at 2:30 today. PEASE will make his appearance in U.S. District Court in Tacoma in the near future.
According to the complaint, Jackson was reported missing on September 8, 2018. The Tacoma Police Department investigation revealed she was last seen on September 4, 2018, at a convenience store in Tacoma with the defendants. Jackson’s body was discovered on September 13, 2018, in a wooded area near Spanaway, Washington that is part of Joint Base Lewis-McChord. Because the victim was killed on federal land where there is exclusive federal jurisdiction, the FBI is the lead investigative agency and jurisdiction is in federal court.
Information in the complaint reveals that surveillance video shows PEASE’ car driving to and from the general area of the murder scene at the approximate time Jackson was killed. A firearm believed used in the killing was recovered from the Puyallup River. The investigation into the murder continues.
The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The investigation is being led by the FBI with assistance from the Tacoma Police Department. The case is being prosecuted by Assistant United Sates Attorneys Grady Leupold and Ye-Ting Woo.
Spent Shell Casings Tied Suspect to Shots Fired, Stolen GunRead the Press Release
TOPEKA – A Topeka man was sentenced Monday to 40 months in federal prison for unlawful possession of a stolen gun, U.S. Attorney Stephen McAllister said.
Robert M. Glasscox, 47, Topeka, Kan., pleaded guilty to one count of possessing a stolen firearm. The investigation began when a Topeka police officer stationed in a parking lot at 2622 S.E. 6th Avenue heard three gunshots nearby. When he stopped Glasscox’s car, he found two spent shell casings and a box of ammunition in the car. Investigators found a third spent shell casing at the corner of 6th and Golden, which was identical to the spent casings in Glasscox’s car.
Investigators found a 9 mm handgun at S.E. 10th Avenue and California, near where Glasscox was stopped. The ammunition in the gun was identical to the spent shell casings and the ammunition in Glasscox’s car. The gun had been reported stolen.
McAllister commended the Topeka Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Jared Maag for their work on the case.
This case was prosecuted under the Justice Department’s Project Safe Neighborhood initiative.
Sitka Felon Charged for Illegally Constructing, Possessing a Pipe BombRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that a Sitka man has been indicted on federal charges alleging he illegally constructed and possessed a pipe bomb.
Zachary Loewen, 28, of Sitka, was named in the indictment charging him with possession of an unregistered destructive device, unlawfully making a destructive device, and for being a felon in possession of an explosive. Loewen’s arraignment hearing has been scheduled for Oct. 25, 2018, at 11:30 a.m.
According to the federal indictment, on or about Oct. 4, 2018, Loewen knowingly possessed and made an explosive device, specifically a pipe bomb, not registered to him in the National Firearms Registration and Transfer Records. The indictment further alleges that, on Oct. 14, 2018, Loewen knowingly received and possessed a combination of parts intended for the construction of pipe bombs.
According to state court documents, after failed attempts at purchasing a firearm due to his prior felony convictions, Loewen began purchasing materials to construct a pipe bomb. On Oct. 4, 2018, near Herring Cove Road in Sitka, Loewen allegedly attempted to ignite the bomb with a candlewick fuse, but abandoned the explosive device after a failed ignition.
Loewen has two prior felony convictions in the state of Washington and was therefore prohibited from possessing explosives. If convicted, Loewen faces a maximum penalty of up to 10 years in prison on each count, as well as a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The Sitka Police Department (SPD), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Federal Bureau of Investigation (FBI) conducted the investigation leading to the indictment in this case. This case is being prosecuted by Assistant U.S. Attorney Kimberly Sayers-Fay.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.