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24 July 2018
"Reality Check with LCSO" and the BLAST Program Bring Law Enforcement and Students TogetherRead the Press Release
TALLAHASSEE, FLORIDA – The United States Attorney’s Office for the Northern District of Florida will join the Leon County Sheriff’s Office tomorrow to present a BLAST (“Building Lasting Relationships Between Police and Community”) Program as part of the three-day “Reality Check with LCSO” event.
Event: Reality Check with LCSO, featuring the BLAST Program
Location:
Leon County Sheriff’s Office
2825 Municipal Way
Tallahassee, FL 32304Media Availability:
Date: Wednesday, July 25, 2018
Time: 8:15 a.m. – 12:00 p.m. EDT
Press: Please RSVP to Shonda Knight at [email protected] or Amy Alexander at [email protected] if you plan to attend.
The Leon County Sheriff's Office’s Reality Check programs offer teens an opportunity to spend three days with LCSO deputies, learning about law enforcement and the consequences of illegal actions. The program includes a tour of the Detention Facility and culminates with a roundtable discussion on the final day.
The BLAST Program offers students an opportunity to meet representatives of the criminal justice community and ask them questions, share their perceptions of law enforcement, and interact with law enforcement officers in a familiar setting. Law enforcement officers also provide students with their perspective on responding to dangerous or uncertain circumstances and the importance of remaining calm and following the officers’ directions in these situations.
Wednesday’s schedule will include the following discussion sessions, during which students will have a chance to participate in role play with law enforcement officers. (Students have media permissions.)
- Criminal Justice Overview: Students will learn about each phase of a federal criminal case, including investigation, prosecution, and sentencing.
This session is open to the media, and videography and photography is permitted.
- Domestic Violence: Students will participate in a scenario in which law enforcement officers respond to a domestic disturbance. Discussion includes the challenges officers face, rights of witnesses and suspects, and benefits of providing information to law enforcement. This session is open to the media, and videography and photography is permitted.
- Traffic Stop Simulation: Participants and officers alternate playing the roles of civilians and officers in a traffic stop. Discussion includes de-escalation and the uncertainty officers and vehicle occupants face during a traffic stop. This session is open to the media, and videography and photography is permitted.
- Use of Force: Facilitators and students will discuss when law enforcement officers may use force and an officer’s reaction time when confronted with a life-threatening situation. This session is closed to the media. Reporters may try the simulator equipment after the event ends.
Participating agencies include:
- Leon County Sheriff’s Office
- United States Attorney’s Office, Northern District of Florida
- FAMU Police Department
- Florida Highway Patrol
- Homeland Security Investigations
- U.S. Marshals Service
- Bureau of Alcohol, Tobacco, Firearms & Explosives
- Federal Bureau of Investigation
- Drug Enforcement Administration
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
- Criminal Justice Overview: Students will learn about each phase of a federal criminal case, including investigation, prosecution, and sentencing.
23 July 2018
Woman Sentenced to Prison for Tax Refund FraudRead the Press Release
Jenelle Robyn Pinkston, 50, of Corvalis, Oregon and formally of Nashville, Tennessee, was sentenced Friday to three years in prison for her involvement in a scheme to fraudulently obtain income tax refunds, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Pinkston was charged in a criminal information on January 23, 2017, and pleaded guilty in January 2018.
According to documents filed with the court and evidence presented at the sentencing hearing, Pinkston filed 143 fraudulent tax refunds over a ten-month period in 2012, while acting as an independent tax preparer for a Nashville-area tax preparation service. Pinkston filed the tax returns on behalf of customers of the tax preparation service and also used the identities of prison inmates, without their knowledge, to file false and fraudulent returns. The fraudulent tax returns resulted in refunds totaling $403,615.00, which Pinkston directed to two banks accounts under her control, and caused an actual loss of more than $63,000 to the IRS.
U.S. District Judge William L. Campbell, Jr. ordered Pinkston to serve three years in prison, two years of supervised release and to pay $63,338 in restitution to the IRS. He also ordered a forfeiture money judgment of $3,185.
This case was investigated by IRS Criminal Investigation and prosecuted by Assistant U.S. Attorney Stephanie N. Toussaint.
Virginia Man Sentenced to 23 Years in Prison for Traveling to Haiti and Engaging in Illicit Sexual ConductRead the Press Release
A Virginia man was sentenced today to 276 months in prison, to be followed by a life term of supervised release, for traveling from the United States to Haiti and engaging in illicit sexual conduct with a minor, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Thomas T. Cullen of the Western District of Virginia and Special Agent in Charge Patrick J. Lechleitner of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., announced.
James Daniel Arbaugh, 40, of Stuarts Draft, Virginia, pleaded guilty on Feb. 6, to one count of traveling in foreign commerce from the United States to Haiti in or about 2016 to engage in illicit sexual conduct with a person under the age of 18 before U.S. District Court Judge Elizabeth K. Dillion of the Western District of Virginia, who sentenced him earlier today and remanded him to the custody of the U.S. Marshals Service.
“James Arbaugh was a wolf in sheep’s clothing: he posed as a selfless missionary when in reality he was exploiting his position to prey on and sexually abuse vulnerable children in one of the most impoverished areas of the world,” said Assistant Attorney General Benczkowski. “Today’s sentencing is a testament to the unwavering commitment of our prosecutors and law enforcement partners to hold sexual predators like Arbaugh accountable for their deplorable crimes.”
“The defendant abused his position of trust to prey on vulnerable victims, and their lives will never be the same,” said U.S. Attorney Cullen. “As this case indicates, our office is committed to working with our federal, state, and local law enforcement partners to identify and vigorously prosecute those who exploit children.”
“This kind of heinous and evil activity has no place here, abroad or in-transit,” said Special Agent in Charge Lechleitner. “Those seeking to commit such abhorrent crimes and evade detection cannot hide from our highly skilled and dedicated investigators.”
According to admissions made in connection with his guilty plea, Arbaugh has lived in Haiti for approximately 15 years and has traveled regularly back to the United States during that time. According to statements made by the Court during Armbaugh’s sentencing hearing, during his time in Haiti, Arbaugh traveled as a Mennonite missionary regularly visiting remote towns and villages, where he would befriend and groom children in these communities. Arbaugh admitted that in 2016, while in Haiti, he engaged in illicit sexual contact with a minor under the age of 12 by touching the minor’s genitals under the minor’s clothing.
The investigation of the case was conducted by HSI and the Harrisonburg Police Department. This case is being prosecuted by Trial Attorney Kaylynn Shoop of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Jeb Terrien of the U.S. Attorney’s Office in the Western District of Virginia.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
Virginia Man Sentenced to 23 Years in Prison for Traveling to Haiti and Engaging in Illicit Sexual ConductRead the Press Release
WASHINGTON – A Virginia man was sentenced today to 276 months in prison, to be followed by a life term of supervised release, for traveling from the United States to Haiti and engaging in illicit sexual conduct with a minor, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Thomas T. Cullen of the Western District of Virginia and Special Agent in Charge Patrick J. Lechleitner of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., announced.
James Daniel Arbaugh, 40, of Stuarts Draft, Virginia, pleaded guilty on Feb. 6, to one count of traveling in foreign commerce from the United States to Haiti in or about 2016 to engage in illicit sexual conduct with a person under the age of 18 before U.S. District Court Judge Elizabeth K. Dillion of the Western District of Virginia, who sentenced him earlier today and remanded him to the custody of the U.S. Marshals Service.
“James Arbaugh was a wolf in sheep’s clothing: he posed as a selfless missionary when in reality he was exploiting his position to prey on and sexually abuse vulnerable children in one of the most impoverished areas of the world,” said Assistant Attorney General Benczkowski. “Today’s sentencing is a testament to the unwavering commitment of our prosecutors and law enforcement partners to hold sexual predators like Arbaugh accountable for their deplorable crimes.”
“The defendant abused his position of trust to prey on vulnerable victims, and their lives will never be the same,” said U.S. Attorney Cullen. “As this case indicates, our office is committed to working with our federal, state, and local law enforcement partners to identify and vigorously prosecute those who exploit children.”
“This kind of heinous and evil activity has no place here, abroad or in-transit,” said Special Agent in Charge Lechleitner. “Those seeking to commit such abhorrent crimes and evade detection cannot hide from our highly skilled and dedicated investigators.”
According to admissions made in connection with his guilty plea, Arbaugh has lived in Haiti for approximately 15 years and has traveled regularly back to the United States during that time. According to statements made by the Court during Armbaugh’s sentencing hearing, during his time in Haiti, Arbaugh traveled as a Mennonite missionary regularly visiting remote towns and villages, where he would befriend and groom children in these communities. Arbaugh admitted that in 2016, while in Haiti, he engaged in illicit sexual contact with a minor under the age of 12 by touching the minor’s genitals under the minor’s clothing.
The investigation of the case was conducted by HSI and the Harrisonburg Police Department. This case is being prosecuted by Trial Attorney Kaylynn Shoop of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Jeb Terrien of the U.S. Attorney’s Office in the Western District of Virginia.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
Verona, New Jersey, Man Admits Illegal Possession of Multiple Guns, Including Replica He Turned into Machine GunRead the Press Release
NEWARK, N.J. – A Verona man today admitted possessing three guns as a previously convicted felon, including a replica Thompson submachine gun that he modified into a working automatic firearm, U.S. Attorney Craig Carpenito announced.
David Lutter, 69, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to an indictment charging him with one count of possessing three firearms as a previously convicted felon.
According to documents filed in this case and statements made in court:
In January 2017, Lutter met with an undercover agent from the Bureau of Alcohol, Tobacco, and Firearms (ATF) and negotiated the sale of a functioning Thompson submachine gun. The gun had originally been a replica, but Lutter had modified it with real gun parts to convert it into a functioning automatic firearm, which, according to Lutter, could fire 20 to 25 bullets per second. Lutter had also equipped it with what he called a “rock-and-roll switch,” which could toggle between semi-automatic and automatic mode.
Lutter sold the undercover agent the submachine gun, a .32-caliber revolver, and 100 rounds of ammunition for $525. A few months later, in May 2017, Lutter sold the undercover agent a .45-caliber semi-automatic pistol, bullets, and gun parts for $500. When Lutter was arrested in June 2017, law enforcement searched a storage facility he rented and recovered several hundred additional bullets and firearm parts. All three firearms and the recovered ammunition are in the possession of law enforcement.
At no time was Lutter licensed to sell firearms and was prohibited from possessing them due to his 1993 felony conviction for sexual assault of a minor.
The illegal firearms possession count carries a maximum potential penalty of 10 years in prison and a $250,000 fine. Sentencing is scheduled for Oct. 30, 2018.U.S. Attorney Carpenito credited special agents of the ATF Newark Field Division, under the direction of Special Agent in Charge John B. Devito, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Jason S. Gould of the Opioid Abuse Prevention and Enforcement Unit of the U.S. Attorney’s Office in Newark.
Defense counsel: Kevin Carlucci Esq., Assistant Federal Public Defender, Newark
United States Attorney Announces the Appointment of Three New Federal ProsecutorsRead the Press Release
RALEIGH – United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced today the appointment of three new Assistant United States Attorneys (AUSAs). Each were sworn in today by Mr. Higdon.
Gabriel J. Diaz, is a former intern of the United States Attorney’s Office and was an Assistant District Attorney with the Alamance County (NC) District Attorney’s Office from 2015 until his appointment as AUSA. AUSA Diaz is a graduated of Florida International University and the Campbell University School of Law. AUSA Diaz will be assigned to the National Security Section within the United States Attorney’s Office.
Robert Dodson comes from the Federal Bureau of Prisons (BOP) where he has served as legal counsel since 2013. During his time with BOP, he served as a Special Assistant United States Attorney handling criminal prosecutions arising out of the Federal Correctional Complex in Butner, North Carolina. AUSA Dodson is a graduate of North Carolina State University and the North Carolina Central University School of Law. He will be assigned to the Violent Crime Section, handling a variety of cases in conjunction with Attorney General Jeff Sessions’ reinvigoration of the Project Safe Neighborhoods program which targets violent criminals in an effort to reduce violent crime. He will also become a part of the United States Attorney’s Office “Take Back North Carolina” initiative.
Lucy Partain comes from the Cherokee County (Georgia) District Attorney’s Office where she served as an Assistant District Attorney. Prior to that she served as a law clerk to the Honorable Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. Ms. Partain is a graduate of the University of Virginia and the Duke University Law School. Ms. Partain will be assigned to the Organized Crime Drug Task Force Unit and will handle drug trafficking cases, including opioid prosecutions.
“It’s my privilege to lead an office filled with incredibly talented and dedicated people who work tirelessly to carry out our mission of justice and fulfill our promises to the people of the Eastern District to reduce violent crime and reduce drug trafficking levels,” said U.S. Attorney Higdon. “We are proud to welcome these fine individuals to our office. I know they will make an immediate impact in our District and serve the citizens of the United States with honor and distinction.”
Two Drivers Sentenced for Human Smuggling Four Passengers Sentenced for Illegally Re-Entering the United StatesRead the Press Release
Gulfport, Miss. – Ever Anibal Silva-Escobar, a citizen of El Salvador, was sentenced on Tuesday, July 17, 2018, to 27 months in federal prison by U.S. District Judge Louis Guirola, Jr., for conspiracy to transport illegal aliens within the United States, announced U.S. Attorney Mike Hurst, Jere T. Miles, Special Agent-in-Charge of U.S. Immigration and Customs Enforcement's Homeland Security Investigations in New Orleans, and Gregory K. Bovino, Chief Patrol Agent of the U.S. Border Patrol’s New Orleans Sector.
Additionally, one of Silva-Escobar’s passengers, Yesica Paola Rojas-Baten, a citizen of Guatemala, was sentenced on Thursday, July 19, 2018, to 5 months and 19 days imprisonment. Rojas-Baten was sentenced by U.S. District Judge Sul Ozerden for her violation of being an alien who illegally returned to the United States after having been lawfully removed. Rojas-Baten previously pled guilty on April 30, 2018. Silva-Escobar and Rojas-Baten both were sentenced to 1 year of supervised release following their imprisonment. Silva-Escobar was also ordered to pay a $1,000 fine.
On January 30, 2018, two Hancock County Sheriff’s Deputies, working together, but in separate patrol vehicles, conducted traffic stops of two Honda Pilot Sport Utility Vehicles (SUVs) that were traveling together. Silva-Escobar was the driver of one of the SUVs and Kenneth Samuel Hernandez-Valdez, also known as Kenneth Hernandez, was the driver of the other SUV. The U.S. Border Patrol was contacted and arrived on the scene shortly thereafter.
Neither of the drivers had a valid driver’s license, and both were in the United States illegally. Each vehicle contained eight passengers who also were found to be illegal aliens. The SUVs each contained a total of nine occupants even though each vehicle only had seat belts for eight occupants. All eighteen occupants of both vehicles were arrested and transported to the Border Patrol Station in Gulfport, MS.
Silva-Escobar and Hernandez-Valdez, confirmed that they knew their passengers were illegal aliens, and the evidence showed that they were being paid to transport the aliens from Texas. On April 3, 2018, Hernandez-Valdez also pled guilty to Conspiracy to Transport Illegal Aliens Within the United States, and he was sentenced on June 27, 2018, to 27 months in federal prison and 2 years of supervised release upon completion of his sentence.
Further, three other passengers, Pedro Lopez-Alvarez a/k/a Pedro Lopez Alvarez a/k/a Pedro Alvarez-Baten, a citizen of Guatemala; Silvano Doroteo Morales-Ventura a/k/a Silvano Morales Ventura, a citizen of Mexico; and Wilmer Antonio Rubi-Padilla a/k/a Wilmer Rubi Padilla, a citizen of Honduras, were sentenced on July 3, 2018, for Unlawfully Returning to the U.S. After Removal. The three men were sentenced by Judge Guirola to terms ranging from just over 5 months to 6 months in prison. Each of the men had been convicted after pleading guilty on April 10, 2018.
U.S. Attorney Hurst praised the cooperation exhibited by the Department of Homeland Security, Homeland Security Investigations, the U.S. Border Patrol, and the Hancock County Sheriff’s Department. Assistant United States Attorney Stan Harris was the prosecutor for the case.
Third Defendant Arrested and Charged in White Plains Federal Court with 2012 Poughkeepsie MurderRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and William V. Grady, Dutchess County District Attorney, announced today that DAVONTE HAMILTON, a/k/a “Vont,” an alleged member of the “Uptown” street gang operating in Poughkeepsie, New York, was arrested in connection with the December 2012 murder of Daquelle LeBlanc. The defendant is charged in a Superseding Indictment with racketeering conspiracy, murder in aid of racketeering activity, and a firearms offense. HAMILTON was arrested tooday and arraigned in White Plains federal court before United States Magistrate Judge Lisa Margaret Smith.
Twelve members and associates of the Uptown gang, and 19 members and associates of the rival Downtown gang, which also operates in Poughkeepsie, New York, were previously charged in separate Indictments – United States v. Douglas Owens et al., 17 Cr. 506 (NSR) and United States v. Ronald Johnson et al., 17 Cr. 505 (VLB) – in August 2017 with murders, attempted murders, racketeering, narcotics, and firearms offenses. The Superseding Indictment adds HAMILTON as the third defendant charged with murder in aid of racketeering activity and firearms offenses in connection with the 2012 murder of LeBlanc.
U.S. Attorney Geoffrey S. Berman stated: “As alleged, Devonte Hamilton aided and abetted the murder of Daquelle LeBlanc nearly six years ago. Together with our law enforcement partners, we will continue to pursue justice for victims like Mr. Leblanc against all involved in such violent offenses.”
FBI Assistant Director William F. Sweeney Jr. said: “The work done on this investigation is a perfect example of how our law enforcement partnerships have a positive impact helping innocent people. Getting these alleged gang members, dealers, and murderers off the streets has made Poughkeepsie safer. The FBI Hudson Valley Safe Streets Task Force won’t let up on our pursuit of these alleged violent criminals until we stop their destructive hold on the community.”
Dutchess County District Attorney William V. Grady said: “I would like to compliment the City of Poughkeepsie Police Department and their law enforcement partners for their dedication in pursuing this important homicide investigation since 2012. Thanks to our additional partnership with the United States Attorney’s Office on this case, we have been able to charge those individuals we feel responsible for this homicide.”
According to the Superseding Indictment[1] filed on July 18, 2018, in White Plains and Manhattan federal court and other documents in the public record:
The Superseding Indictment arose from a joint investigation by the FBI’s Hudson Valley Safe Streets Task Force, the City of Poughkeepsie Police Department, the Dutchess County District Attorney’s Office, and the Dutchess County Sherriff’s Office into a gang war between Uptown and Downtown, which led to multiple fatal and non-fatal shootings between 2012 and 2017 in the City of Poughkeepsie.
Uptown is a criminal organization whose members referred to themselves by, and were known by, several different names, including “Spready Gang,” the “400 Savages,” the “Boogotti Boys,” the “Young Bosses” or “YB’s,” and the “Mob Stars.” Uptown is based within the eastern portion of Poughkeepsie, from east of Hamilton Street to the city line and, more specifically, within the Hudson Gardens housing development (commonly referred to as the “Bricks”). Uptown gang members and associates control the narcotics trade within the Bricks, distributing heroin, crack cocaine, and marijuana primarily. Uptown gang members stored shared guns in various locations known to gang members to protect the narcotics business, to protect each other from rival gangs, and to strike against rival gangs.
In addition to many non-fatal acts of violence against rival gang members and innocent victims, the rivalry between Uptown and Downtown led to the murder of Downtown gang member Daquelle LeBlanc, a/k/a “Hamo,” who was killed by a single gunshot wound to the chest at the age of 16 in the vicinity of Main Street, between Academy and North Hamilton Streets, on or about December 23, 2012. According to the allegations contained in the Superseding Indictment, HAMILTON and two other defendants – who were charged and arrested in connection with the August 2017 Indictments – murdered LeBlanc to enhance their position in Uptown and advance the criminal objectives of that organization.
* * *
HAMILTON, a/k/a “Vont,” was in custody on state charges and was transferred to federal custody this morning. If convicted, HAMILTON faces a maximum sentence of 20 years in prison on Count One (Racketeering Conspiracy), a maximum sentence of life in prison on Count Three (Murder in Aid of Racketeering Activity), and a mandatory minimum sentence of five years in prison and a maximum sentence of life in prison on Count Five (Murder Through Use of a Firearm in Furtherance of a Crime of Violence).[2] 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 judge.
Mr. Berman praised the outstanding investigative work of the FBI’s Hudson Valley Safe Streets Task Force, the City of Poughkeepsie Police Department, the Dutchess County Sheriff’s Office, the Dutchess County Drug Task Force, as well as the United States Marshals’ Service, the New York State Police, and the New York State Department of Corrections and Community Supervision for their assistance in today’s arrests. Mr. Berman also thanked the Bureau of Alcohol, Tobacco, Firearms, and Explosives for their assistance in the investigation.
The prosecution is being handled by the Office’s White Plains Division. Assistant United States Attorneys Christopher J. Clore, Maurene Comey, and Emily Deininger are in charge of the prosecution.
The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment, and the description of the Superseding Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
[2] DAVONTE HAMILTON was charged only in Counts One, Three, and Five of the thirteen-count Superseding Indictment. The other counts of the Superseding Indictment relate solely to other, previously arrested members of the Uptown gang.
Third and Final Former 5linx Owner Pleads Guilty to Wire Fraud and Tax Charge for His Role in Multi-Million Dollar Marketing SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jason Guck, 43, of Victor, NY, pleaded guilty to conspiracy to commit wire fraud and filing a false tax return for the year 2012 before U.S. District Judge David G. Larimer. The charges carry a maximum penalty of 20 years in prison and a fine of $250,000.
Assistant U.S. Attorney Richard A. Resnick, who is assisting AUSA Craig R. Gestring in the prosecution, stated that in 2001, Guck, Craig Jerabeck, and Jeb Tyler started 5LINX Enterprise, Inc. (5LINX), a multi-level marketing company headquartered in Rochester, NY, which offered utility and telecommunications services, health insurance, nutritional supplements and business services. 5LINX used independent representatives to sell products and services and to recruit additional representatives. Jerabeck was President and Chief Executive Officer, Guck was Vice President and Secretary, and Tyler was Vice President of 5LINX.
In June 2006 and July 2006, Guck, Tyler, and Jerabeck sold 5LINX stock for $5,500,000 to three investment companies, Trillium Lakefront Partners III, L.P.; Trillium Lakefront Partners III, NY L.P.; and Shalam Investment Co., L.L.C. (collectively known as "the Investors"). Guck admitted in the plea agreement that from in or about May 2010 to April 2016, 5LINX sold and distributed products for a Florida vendor. Guck, along with Tyler and Jerabeck, and without the knowledge of the Investors, Board of Directors, or other stockholders, conspired and agreed to cause the Florida vendor to pay them personally or companies they owned approximately $2,310,510, which their Stockholders Agreements prohibited them from receiving. 5LINX, its investors, as owners between 2006 and January 2014, and as creditors thereafter, and stockholders were entitled to and should have received such funds instead of defendant, Guck, and Tyler.
Assistant U.S. Attorney Resnick further stated that Guck solely owned YaYa Holdings Corporation. Guck provided material false information on YaYa Holdings, Inc.’s federal tax returns for the fiscal years ending July 31, 2012, and 2013, and failed to file corporate returns for the fiscal years ending July 31, 2014, and 2015. In addition, for fiscal years ending July 31, 2012, and 2013, Guck failed to report income the corporation received from 5LINX. Also, for the fiscal years ending July 31, 2014, and 2015, the corporation had income that Guck should have reported on corporate tax returns for those years. The false returns and failure to file returns resulted in a tax loss of approximately $778,718.
As part of Guck’s plea, the defendant will forfeit various assets previously seized by the government, including approximately $105,000.
In September 2017, Guck, along with Craig Jerabeck and Jeb Tyler, were charged in a superseding indictment. Jerabeck and Tyler have were previously convicted and are awaiting sentencing.
Today’s plea is the culmination of an investigation by Special Agents of the Federal Bureau of Investigations, under the direction of Special Agent-in-Charge Gary Loeffert, and the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office.
Sentencing is scheduled for October 16, 2018, at 2:00 p.m. before Judge Larimer.
St. Croix Man Sentenced for Unlawfully Mailing a Pistol and AR-15 Lower Receiver and for a Felony Marijuana OffenseRead the Press Release
St. Croix, USVI – Jahraun Malachi Brodhurst, 26, of St. Croix, was sentenced on Friday, July 20, 2018, before District Court Chief Judge Wilma A. Lewis to 21 months’ imprisonment for his convictions of unlawfully mailing a firearm and possession with intent to distribute marijuana, United States Attorney Gretchen C.F. Shappert announced. Judge Lewis also sentenced Brodhurst to 3 years of supervised release, a $1,000 fine, and a $200 special assessment.
According to the plea agreement filed with the court, on May 26, 2014, Brodhurst sent a U.S. priority mail parcel from Florida to St. Croix, Virgin Islands that contained a pistol and a an AR-15 lower receiver with an obliterated serial number. Both of the firearms were wrapped in carbon paper. The United States Postal Inspection Service Forensic Laboratories recovered two latent prints from the adhesive side of tape used to wrap the firearms in the carbon paper. Those prints matched Brodhurst’s known fingerprints.
On May 4, 2017, while a passenger in a car, stopped at a DUI checkpoint, Brodhurst was apprehended in possession of a distribution quantity of marijuana.
The case was investigated by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations, the U.S. Postal Inspection Service, and the Virgin Islands Police Department. The case was prosecuted by Meredith J. Edwards.
Springfield Man to Serve 18 Months in Prison for Failure to Report $1.15 Million in Earnings on Tax ReturnsRead the Press Release
SPRINGFIELD, Ill. – A Springfield, Ill., man, Gregg Harwood, has been sentenced to 18 months in prison for failing to report more than $1.15 million in earnings on tax returns filed for tax years 2008, 2009, and 2010. Harwood, 60, of the 700 block of Clipper Rd., formerly owned Thermionics, a corporation that manufactured hot / cold pain therapy products that were sold at major retailers and pharmacies across the U.S.
In addition to the prison sentence, U.S. District Judge Sue E. Myerscough ordered that Harwood pay a fine of $50,000, and serve one year of supervised release following the prison term, with the first six months of supervised release as home confinement. Harwood was also ordered to work 20 hours of community service per week while on supervised release.
On Feb. 6, 2018, Harwood waived indictment and pleaded guilty to an information that charged him with filing false income tax returns that failed to report income of more than $1.15 million for tax years 2008, 2009, and 2010. Beginning in November 2007, Harwood created various multi-level entities with no legitimate business purposes, which he used to divert and disguise income he received from Thermionics. Harwood used the resulting tax free income to support his personal lifestyle.
As provided in the plea agreement, today Harwood paid the amount due to the IRS, $447,528, and $250,000 to participants in Thermionics’ employee stock ownership plan.
Harwood remains on bond pending direction from the federal Bureau of Prisons as to the date and location to report to begin serving his prison sentence.
Assistant U.S. Attorney Timothy A. Bass prosecuted the case. The Internal Revenue Service, Criminal Investigation Division, and the U.S. Department of Labor, Criminal Division, investigated the charges.
Springfield EMT/Paramedic Pleads Guilty to Stealing Fentanyl, MorphineRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Mo., man who worked as a paramedic and EMT for several emergency medical transportation companies pleaded guilty in federal court today to stealing fentanyl and morphine and replacing the drugs with saline solution.
Zachary L. McCleary, 30, waived his right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush to a federal information that charges him with two counts of tampering with a consumer product.
McCleary worked at several health care facilities as an emergency medical technician (EMT) between Sept. 25, 2015, and Feb. 21, 2018. During this time, McCleary worked for the Grove, Okla., Emergency Medical Service as an EMT, as a paramedic for Cox Health in Springfield, as a paramedic for Mercy Health in Carthage, Mo., and as a paramedic with Barton County, Mo., Emergency Medical Service.
According to today’s plea agreement, 18 separate adverse event reports were filed by individuals who received emergency medical services from Barton County EMS. In each of those reports, individuals advised that various opioid drugs were administered to provide pain relief, but due to McCleary’s theft of the drugs, and tampering by replacing the drugs with saline solution, each of these individuals did not receive the pain relief intended and experienced continued pain that resulted from McCleary’s reckless disregard to risk of serious bodily injury and harm to these patients.
In February 2018, agents with the Food and Drug Administration-Office of Criminal Investigations (FDA-OCI) opened an investigation regarding the repeated theft and dilution of opioid drugs from various health care providers throughout southwest Missouri. Agents learned that while McCleary was employed as either an EMT or paramedic, various vials containing opioid-based drugs, including fentanyl, morphine, hydrocodone and ketamine, were stolen. Medical service officials advised agents that in some instances the vials were stolen and in other instances, the vials were tampered with so that the drugs were removed and saline was injected to the vials to make it appear that the drugs had not been stolen.
McCleary specifically pleaded guilty to tampering with vials that contained fentanyl and morphine sulfate, by removing those drugs from their vials and replacing them with saline solution, while working for Barton County Emergency Medical Service between Jan. 20 and Feb. 21, 2018. McCleary also specifically pleaded guilty to tampering with vials that contained fentanyl and morphine sulfate, by removing those drugs from their vials and replacing them with saline solution, while working for Cox Health from April 1 to May 19, 2017.
Under federal statutes, McCleary is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the U.S. Food and Drug Administration – Office of Criminal Investigations.
Rapid City Woman Charged with Child Abuse and Driving Under the Influence of AlcoholRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman has been indicted by a federal grand jury for Child Abuse and Operating a Motor Vehicle Under the Influence of Alcohol with a Minor Present in the Motor Vehicle.
Maria Big Crow, age 26, was indicted on June 12, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on July 20, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on October 22, 2017, Big Crow was driving a vehicle with several passengers; some of the passengers were juveniles. The vehicle Big Crow was operating was involved in a single vehicle rollover accident, resulting in injuries. The Indictment further alleges that Big Crow was operating the vehicle while under the influence of alchol.
The charges are merely accusations and Big Crow is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Big Crow was released on bond pending trial. A trial date has not been set.
Operator of Bitcoin Investment Platform Pleads Guilty to Securities Fraud and Obstruction of JusticeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JON E. MONTROLL, a/k/a “Ukyo,” pled guilty today to securities fraud and obstruction of justice. MONTROLL, who issued and sold securities related to a bitcoin investment platform that he ran through false statements about the success of the business, later provided false sworn testimony to the United States Securities and Exchange Commission (the “SEC”) and provided the SEC with a false document during the course of the SEC’s investigation into his operation of the bitcoin investment platform. MONTROLL’s plea was taken by U.S. Magistrate Judge James L. Cott. The case is assigned to U.S. District Judge Richard M. Berman.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As he admitted today, Jon Montroll deceived his investors and then attempted to deceive the SEC. He repeatedly lied during sworn testimony and misled SEC staff to avoid taking responsibility for the loss of thousands of his customers’ bitcoins.”
According to the Information, the allegations in the Complaint, and statements made during the proceedings in Manhattan federal:
JON E. MONTROLL operated two online bitcoin services: WeExchange Australia, Pty. Ltd. (“WeExchange”) and BitFunder.com (“BitFunder”). WeExchange functioned as a bitcoin depository and currency exchange service. BitFunder facilitated the purchase and trading of virtual shares of business entities that listed their virtual shares on the BitFunder platform.
Between the launch of Bitfunder, in or about December 2012, and at least in or about July 2013, MONTROLL converted a portion of WeExchange users’ bitcoins to his personal use without the users’ knowledge or consent. For example, MONTROLL exchanged numerous bitcoins taken from WeExchange into United States dollars, then spent those funds on personal expenses, such as travel and groceries.
Beginning on or about July 18, 2013, MONTROLL promoted a security referred to as “Ukyo.Loan.” As described by MONTROLL in a public post about Ukyo.Loan, MONTROLL encouraged investors to “think of [Ukyo.Loan] as a sort of round-about investment” in BitFunder and WeExchange and, at the same time, described Ukyo.Loan as “a personal loan” and “for private investment purposes.” MONTROLL further promised to pay purchasers of Ukyo.Loan daily interest on their investment and promised shares could be “redeemed at face value anytime upon request.”
During the summer of 2013, one or more individuals (the “Hackers”) exploited a weakness in the BitFunder programming code to cause BitFunder to credit the Hackers with profits they did not, in fact, earn (the “Exploit”). As a result, the Hackers were able to wrongfully withdraw from WeExchange approximately 6,000 bitcoins, with the majority of those coins being wrongfully withdrawn between July 28, 2013, and July 31, 2013. As a result of the Exploit, BitFunder and WeExchange lacked the bitcoins necessary to cover what MONTROLL owed to users.
Notwithstanding the scope of the Exploit, MONTROLL failed to disclose the Exploit to users of BitFunder and WeExchange, or investors in Ukyo.Loan. Instead, MONTROLL continued to promote and sell Ukyo.Loan to customers and, on at least one occasion, falsely represented to customers that BitFunder was commercially successful. As a result of his omissions and misrepresentations, MONTROLL raised approximately 978 bitcoins through Ukyo.Loan after his discovery of the Exploit.
The SEC’s New York Regional Office began an investigation into BitFunder and the Exploit. During the course of the investigation, MONTROLL provided the SEC with a falsified screenshot purportedly documenting, among other things, the total number of bitcoins available to BitFunder users in the WeExchange Wallet as of October 13, 2013. Additionally, during sworn investigative testimony on both November 14, 2013, and October 6, 2015, MONTROLL provided materially false and misleading answers to certain questions about, among other things, the timing of MONTROLL’s discovery of the Exploit.
* * *
MONTROLL, 37, of Saginaw, Texas, pled guilty to one count of securities fraud and one count of obstruction of justice. Each charge carries a maximum penalty of 20 years in prison. 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 judge.
MONTROLL will be sentenced by Judge Berman at a date to be determined.
U.S. Attorney Geoffrey S. Berman praised the outstanding work of the Federal Bureau of Investigation. He also thanked the SEC, which previously filed civil charges against MONTROLL in a separate action.
The prosecution of this case is being overseen by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Andrew Thomas is in charge of the case.
North Tonawanda Man Arrested, Caught with 30 Kilograms of Cocaine Hidden in A CarRead 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 Edgar Joel Jimenez-Rodriguez, 38, of North Tonawanda, NY, was arrested and charged by criminal complaint with possession with intent to distribute five kilograms or more of cocaine. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the complaint, on July 19, 2018, at approximately 6:15 p.m., law enforcement officers were on surveillance in the vicinity White Haven and Baseline Roads on Grand Island, NY. At approximately 7:25 p.m., officers surveilled a car hauler, which contained several newer-looking Toyota vehicles, pull into the back parking lot of a Toyota car dealership on Alvin Road on Grand Island. The car hauler was also carrying an older-looking, black SUV later identified as a black Mercury Mariner bearing a Florida registration. Officers deemed this to be suspicious since Toyota does not manufacture or sell Mercury vehicles, and there was no Mercury dealer in the vicinity of the Toyota car dealership.
Shortly thereafter, officers observed the defendant, driving a gray Honda Accord, enter the Toyota car dealership parking lot. The Honda Accord drove up to the car hauler while two men began to unload cars from the hauler. Jimenez-Rodriguez exited the vehicle for a time and watched as the vehicles were unloaded from the car hauler. Shortly after the black Mercury Mariner was unloaded, Jimenez-Rodriguez got into the car and left the parking lot.
At approximately 8:13 p.m., officers stopped the vehicle driven by the defendant. As officers performed a security sweep, they noticed clear plastic wrapping consistent with that of narcotics concealed underneath the rear cargo area of the black Mercury Mariner. A drug-detecting K-9 alerted to the rear cargo area. During a subsequent search of the vehicle, officers recovered approximately 30 kilograms of cocaine.
“Illicit drugs ruin lives,” stated U.S. Attorney Kennedy. “The over 65 pounds of cocaine seized in this case had the potential to cause a great deal of misery and ruin a number of lives in our community. Fortunately, we were spared that fate by the dedicated federal, state, and local law enforcement officers, who work tirelessly each day to protect our community from the harm caused by illicit substances. My Office will continue to support those efforts by charging, to the full extent of the law, those offenders who seek to poison our community and ruin lives through the unlawful distribution of drugs.”
DEA Special Agent-in-Charge James J. Hunt stated, “The arrest of Edgar Jimenez-Rodriguez is an example of how surveillance and great police work can lead to taking 30 kilograms of cocaine off of the streets of Erie County, New York. I commend this collaborative law enforcement effort and thank all of those involved for stemming the tide of cocaine and millions of dollars of drug proceeds into our communities.”
New York State Police Superintendent George P. Beach II said, “This case speaks to the tremendous interagency coordination and cooperation necessary to get the seized cocaine off of our streets. These illegal drugs perpetuate a cycle of addiction and criminal behavior which in turn threatens the safety and security of our neighborhoods. I want to thank our members and law enforcement partners for their tenacious dedication to tracking illegal drugs and intercepting them at their source before they can be distributed on our streets.”
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on July 24, 2018, at 2:00 p.m.
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, the Niagara Falls Police Department, under the direction of Commissioner Bryan DalPorto, and the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major Mary Clark.
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.
Nicholasville Man Sentenced to 30 Years for Inducing Minors to Produce Child PornographyRead the Press Release
LEXINGTON, Ky. – A Nicholasville man, Jordan Combs, 29, has been sentenced to 30 years in federal prison, to be followed by a life term of supervised release, for inducing minors to produce sexually explicit images.
On Monday, Chief United States District Judge Karen K. Caldwell formally sentenced Combs, who was convicted by a jury, on March 8, 2018, of 10 counts of receipt of sexually explicit images in interstate commerce, four counts of producing such images, five counts of distributing such images, and one count of possession of such images. Combs must serve 85 percent of his prison sentence.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Steven Igyarto, Special Agent in Charge, Department of Homeland Security – Homeland Security Investigations (DHS-HSI); and Richard Sanders, Commissioner of the Kentucky State Police; jointly announced the sentence.
The investigation was conducted by the Electronic Crimes Branch of the Kentucky State Police and DHS-HSI. The United States was represented by Assistant United States Attorney David Marye.
Moss Point Man Pleads Guilty to Illegally Possessing a FirearmRead the Press Release
Gulfport, Miss – Cornelius Javon Massey, 20, of Pascagoula, entered a guilty plea Thursday before U.S. District Judge Sul Ozerden for being an unlawful user of controlled substances in possession of a firearm, announced U.S. Attorney Mike Hurst and Dana Nichols, Special Agent in Charge of Alcohol, Tobacco, Firearms and Explosives.
Massey faces a maximum of 10 years in prison, a fine of $250,000, and 3 years of supervised release. Sentencing is set for November 2, 2018, at 9:00 a.m. before Judge Ozerden in Gulfport.
The case arose when officers with the Pascagoula Police Department pulled over a car with four people for a traffic violation. Once stopped and windows down, the Officer noticed a .223 caliber rifle with a large magazine laying in the rear floorboard. While asking for proof of insurance, the officer noticed a handgun in the glove compartment. A narcotics dog alerted for the presence of narcotics in the car. A search yielded marijuana and a grinder, the rifle, a Glock pistol with 4 magazines, a Springfield Arms 9mm pistol with a loaded magazine, and 2 ski masks. Massey admitted in an interview that he smoked marijuana regularly.
Pascagoula Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. The case is prosecuted by Assistant United States Attorney Annette Williams.
Missouri Man Sentenced for Bonner Springs Bank RobberyRead the Press Release
KANSAS CITY, KAN. – A Kansas City man was sentenced today to 65 months in federal prison for robbing a bank in Bonner Springs, U.S. Attorney Stephen McAllister said.
Timothy Karpovich, 39, Kansas City, Mo., pleaded guilty to one count of bank robbery. An affidavit filed in the case alleged that Karpovich robbed the KCB Bank at 13010 Commercial in Bonner Springs. He gave the teller a handwritten note that read, “This is a robbery.” After the teller complied with the demand, Karpovich took the money, and fled the bank on foot.
Police received a tip that the robber gambled regularly at Harrah’s Casino in North Kansas City, Missouri. Casino employees identified Karpovich from a bank surveillance photo. He was arrested without incident at the casino.
McAllister commended the FBI, the Bonner Springs Police Department, the Missouri Highway Patrol Gaming Division and Assistant U.S. Attorney Trent Krug for their work on the case.
Michigan residents sentenced for roles in oxycodone distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Darmatrice Love and Kenyata Boudreaux, both of Detroit Michigan, have been sentenced for their roles in a drug distribution operation, United States Attorney Bill Powell announced.
Love, age 33, was sentenced today to 135 months incarceration. Boudreaux, age 42, was sentenced today to 24 months probation. Love and Boudreaux each pled guilty to one count of “Aiding and Abetting Maintaining Drug-Involved Premises” in March 2018. Love and Boudreaux admitted to managing an apartment on Riddle Avenue in Morgantown, West Virginia, to distribute oxycodone. The crime occurred from October 2016 to March 2017.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the cases on behalf of the government. The Mon Metro Drug and Violent Crime Drug Task Force, a HIDTA-funded initiative, led the investigation. The Task Force consists of the U.S. Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, Monongalia County Sheriff’s Office, Morgantown Police Department, the Star City Police Department, the West Virginia State Police, the West Virginia University Police Department, the Granville Police Department, and the Monongalia County Prosecuting Attorney’s Office.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Senior U.S. District Judge Irene M. Keeley presided.
Mexican National Facing Federal Drug Charge Following Ten Pound Methamphetamine Seizure at U.S. Border Patrol Checkpoint North of Las CrucesRead the Press Release
ALBUQUERQUE – This morning, a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Mario Javier Jauregui-Alvidrez, 43, a Mexican national, with a methamphetamine trafficking offense arising out of the seizure of ten pounds of methamphetamine at a U.S. Border Patrol checkpoint in southern New Mexico on July 16, 2018. Jauregui-Alvidrez was remanded into custody pending trial, which has yet to be scheduled.
U.S. Border Patrol agents arrested Jauregui-Alvidrez on July 16, 2018, after seizing approximately 4.5 kilograms (10.1 pounds) of methamphetamine allegedly concealed in Jauregui-Alvidrez’s vehicle. According to the criminal complaint, the agents allegedly found the methamphetamine while inspecting Jauregui-Alvidrez’s vehicle at the U.S. Border Patrol checkpoint on Interstate 25 north of Las Cruces, in Dona Ana County, N.M.
If convicted of the charges in the criminal complaint, Jauregui-Alvidrez faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison, and will be deported after serving his term of incarceration. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The case was investigated by the U.S. Border Patrol and the Las Cruces office of the DEA. Assistant U.S. Attorney Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Mescalero Apache Man from Ruidoso Pleads Guilty to Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – Nathan Little, 31, an enrolled member of the Mescalero Apache Nation who resides in Ruidoso, N.M., pled guilty on July 20, 2018, in federal court in Las Cruces, N.M., to assaulting a federal officer.
The BIA arrested Little on April 27, 2018, on a criminal complaint charging him with assaulting a federal officer in Nov. 2017. According to the criminal complaint, Little assaulted a BIA officer on Nov. 18, 2017, punching him in the face repeatedly while he was being booked into custody at the Lincoln County Detention Center in Lincoln County, N.M., following a traffic stop that revealed that Little had outstanding warrants.
On July 20, 2018, Little pled guilty to a felony information charging him with assault on a federal officer. In entering the guilty plea, Little admitted assaulting a BIA officer on Nov. 18, 2017, by punching him in the face.
Little has been in federal custody since his arrest on the criminal complaint and will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Little faces a maximum penalty of eight years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services, and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Memphis Man Faces Potential Life Sentence for Sex Trafficking ConvictionsRead the Press Release
Memphis, TN – After a three-day jury trial in federal court, Antonio Hawkins, 41, was convicted of multiple counts of sex trafficking. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the guilty verdict today.
According to information presented in court, in April 2016, Antonio Hawkins took three women from New Orleans to Houston to put the women out on the prostitution track. While in Houston, Hawkins picked up a fifteen-year-old runaway, and put her on the track as well. Hawkins subsequently brought them to Memphis to work. All of the women, including the minor (who is now seventeen), testified at trial that Hawkins threatened to, and did, use violence to keep them from leaving him. The women testified that Hawkins struck them, pointed a gun at them and fired warning shots, and once even used a hot hair iron to intimidate the women into doing as he instructed.
U.S. Attorney D. Michael Dunavant said: "Human trafficking of minors and adults for commercial sex purposes is an unconscionable crime that must be met with severe consequences. We commend the FBI for their outstanding investigation of these heinous crimes, and we are pleased to achieve justice for the victims in this disturbing case."
Sentencing is set for Friday, November 2, 2018 before U.S. District Judge Sheryl H. Lipman. Hawkins faces a minimum sentence of 15 years imprisonment and a maximum of life.
This case was investigated by the Federal Bureau of Investigation as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, PSC marshals, federal, state and local resources to locate, apprehend, and prosecute individuals who sexually exploit children and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc.
Assistant U.S. Attorneys Kasey Weiland and Deb Ireland prosecuted this case on the government’s behalf.
Maryland Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
A Laurel, Maryland man pleaded guilty to distribution of child pornography today, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Robert K. Hur of the District of Maryland.
Charles Bertsch, 59, a security guard at a local university, pleaded guilty to one count of distribution of child pornography before U.S. District Court Judge Paul W. Grimm for the District of Maryland who will sentence him on Jan. 31, 2019.
According to admissions made as part of his guilty plea, FBI Task force agents in Maryland began an investigation into Bertsch after various law enforcement agencies downloaded child pornography via a peer-to-peer network from IP addresses which led back to the defendant. In an interview with law enforcement, Bertsch acknowledged that by connecting his computer and downloading such images, he was simultaneously enabling others to download child pornography from his hard drive. A forensic examination of Bertsch’s electronic devices, seized pursuant to a search warrant, revealed over 100,000 image files and over 2,000 video files of child pornography.
The investigation was conducted by the FBI Baltimore Field Office with assistance from the Baltimore County Police Department, Washington County Sheriff's Office, and Worcester County Sheriff's Office. This case is being prosecuted by Trial Attorney Nadia Prinz of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Joseph Baldwin of the District of Maryland.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Long Island Bloods Gang Member Pleads Guilty to Attempted Murder of RivalRead the Press Release
Earlier today, in federal court in Central Islip, Bloods gang member Billy McLen, also known as “Rizo,” pleaded guilty to attempted murder in aid of racketeering and a weapons possession charge in connection with a shooting that occurred on October 21, 2014 in Hempstead, New York. The proceeding took place before United States Magistrate Judge Arlene R. Lindsay.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the guilty plea.
According to court filings and facts presented during the guilty plea proceeding, in October 2014, the Bloods street gang was at war with members of the Crips street gang from the Parkside section of Hempstead. On October 21, 2014, McLen obtained a handgun from a Bloods leader, Jonathan Mayzick, and later met with Bloods members Naree Barnes and Khalil Brown. Together they proceeded to Peninsula Boulevard near Hempstead High School where they encountered a Crips gang member. McLen, Brown and Barnes pulled out handguns and shot at their rival, firing numerous times across a major roadway during the late afternoon. McLen and his associates then ran to the home of another Bloods member, and McLen placed several phone calls to Mayzick, reporting the shooting. The calls were intercepted by members of law enforcement who were monitoring a court-authorized wiretap of Mayzick’s cell phone. While these calls were taking place, McLen and his associates were located and arrested, and the guns used in the shooting were recovered.
“McLen participated in a premeditated attack in furtherance of the Bloods’ violent feud with the Crips, with the intention of taking another human being’s life,” stated United States Attorney Donoghue. “The defendant now faces a lengthy prison term for the choices he made and the actions he took – attempting to kill his victim and endangering other residents of the community.” Mr. Donoghue extended his appreciation to the FBI’s Long Island Gang Task Force which investigated this case.
"Motivated by futile gang rivalry, McLen allowed violence to determine his actions, which in turn determined his fate, as he will now spend more than 10 years in prison for attempting to take someone’s life,” stated FBI Assistant Director-in-Charge Sweeney. “Gang violence continues to be the dividing wedge in several of our communities, and the FBI’s Long Island Gang Task Force will not cease until this wedge is permanently removed.”
“The guilty plea of Bloods gang member Billy McLen, AKA Rizo, is a stark reminder of the violence that takes place between rival gangs,” stated NCPD Commissioner Ryder. “The Nassau County Police, the United States Attorney’s Office and the FBI have worked tirelessly to ensure that these gang members are brought to justice and that our residents enjoy safe communities. I would like to thank and congratulate all of the members who played an important role in this conviction”
When sentenced, McLen faces a mandatory minimum of 10 years in prison and a maximum sentence of life, as well as forfeiture and a fine of up to $250,000. Barnes and Brown previously pled guilty to discharging firearms in furtherance of a crime of violence and were sentenced to 10 years’ imprisonment. Mayzick was convicted of conspiracy to distribute crack cocaine and sentenced to 162 months in prison.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Nicole Boeckmann and Michael Maffei are in charge of the prosecution.
The Defendant:
BILLY MCLEN (also known as “Rizo”)
Age: 19
Hempstead, New YorkE.D.N.Y. Docket No. 16-CR-429 (S-1) (SJF)
Defendants Previously Sentenced:
NAREE BARNES
Age: 22
Hempstead, New YorkKHALIL BROWN
Age: 22
Hempstead, New YorkE.D.N.Y. Docket No. 16-CR-428 (SJF)
JONATHAN MAYZICK
Age: 30
Hempstead, New YorkE.D.N.Y. Docket No. 16-CR-28 (DRH)
Lexington Man Sentenced to 50 Years for Using Two Minors to Produce Child PornographyRead the Press Release
LEXINGTON, Ky. – A Lexington man, Saul Aguilar -Andres, 20, has been sentenced to 50 years in federal prison, to be followed by a life term of supervised release, for using two minors to produce sexually explicit images and transporting those images, by posting them on Drop Box.
On Monday, Senior United States District Judge Joseph M. Hood formally sentenced Aguilar-Andres. Aguilar-Andres must serve 85 percent of his federal prison sentence.
Aguilar-Andres previously admitted that, in September and October of 2016, he used two minor victims to produce the sexually explicit images, and that in January of 2017, he transported those sexually explicit images by posting them to his Drop Box account.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Amy Hess, Special Agent in Charge, Louisville FBI; and Chief Lawrence Weathers, of the Lexington Police Department, jointly announced the sentence.
The investigation was conducted by the FBI, in Lexington and Chicago, and the Lexington Police Department. The United States was represented by Assistant United States Attorney David Marye.
Legal Permanent Resident from Mexico Facing Federal Drug Charge Arising from 12.57 Pound Cocaine Seizure in New MexicoRead the Press Release
ALBUQUERQUE – This morning, a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Jorge Luis Vargas-Talamantes, 29, a legal permanent resident from Mexico who resides in El Paso, Texas, with a cocaine trafficking offense. The charge arises from a U.S. Border Patrol seizure of 12.57 pounds of cocaine at a checkpoint in southern New Mexico on July 16, 2018. Vargas-Talamantes was remanded into custody pending trial, which has yet to be scheduled.
U.S. Border Patrol agents arrested Vargas-Talamantes on July 16, 2018, after seizing approximately 5.7 kilograms (12.57 pounds) of cocaine allegedly concealed in Vargas-Talamantes’ vehicle. According to the criminal complaint, the agents allegedly found the cocaine while inspecting Vargas-Talamantes’ vehicle at the U.S. Border Patrol checkpoint on Highway 54 south of Alamogordo, N.M., in Otero County, N.M.
If convicted of the charges in the criminal complaint, Vargas-Talamantes faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison, and will be deported after serving his term of incarceration. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The case was investigated by the U.S. Border Patrol and the Las Cruces office of the DEA. Assistant U.S. Attorney Clara Cobos is prosecuting the case.
Leader of Violent Drug Crew Sentenced to 35 Years in Prison for 2016 Murder of Nelson Dubon and Other CrimesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), and Ashan M. Benedict, the Special Agent-in-Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, announced that KENNETH RUDGE, 28, of the Bronx, New York, received a sentence of 420 months’ imprisonment from District Judge Kimba M. Wood at a proceeding held today in Manhattan federal court. Rudge previously pleaded guilty to firearms charges arising from his use of a firearm in the murder of Nelson Dubon on January 21, 2016. Rudge murdered Dubon in the course of a robbery in the South Bronx, which Rudge and other members of the violent street crew “YNR” committed as part of that crew’s drug business.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Kenneth Rudge and his YNR crew inflicted violence and death upon our community. Thanks to the extraordinary efforts of the NYPD and the ATF, Rudge will now spend the next 35 years in prison.”
According to the charging documents filed in the case, as well as statements made during the plea proceedings and earlier court appearances:
Since at least 2012, a group of young men and women living in the vicinity of 188th Street and Webster Avenue, and referring to itself as “YNR,” engaged in a conspiracy to distribute crack cocaine and heroin to addicts in that area. YNR managed to bring large quantities of crack cocaine and heroin into its neighborhood and to inflict mindless and, ultimately, deadly violence on its community.
RUDGE personally organized and participated in multiple acts of narcotics sales by junior members of YNR, including groups of minors working at RUDGE’s direction. RUDGE also instigated multiple acts of drug-related violence. Those incidents included the following, each of which was committed in the Bronx, New York: 1) a robbery in or about 2015, of a marijuana dealer in that marijuana dealer’s apartment, during which robbery a victim was pistol-whipped by one of RUDGE’s co-conspirator; 2) a robbery, in or about 2015, of a marijuana dealer, resulting in a shooting by RUDGE and others in order to thwart the victim’s attempt to retaliate for that robbery; 3) an attempted armed robbery, on or about January 21, 2016, of a marijuana stash apartment; and 4) a robbery, on or about January 21, 2016, of a narcotics dealer and others located inside a billiards club, during which RUDGE shot and killed Nelson Dubon.
Following his arrest by the NYPD in connection with the murder of Dubon, RUDGE attempted to corruptly influence and silence witnesses against him, including by attempting to have other YNR members find and silence an eyewitness to the murder. RUDGE also continued his firearms use and violence in the days after the murder of Dubon, including through the pistol-whipping of a livery cab driver in a failed attempt to rob that person of his fares on or about January 25, 2016, in the Bronx.
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Mr. Berman praised the outstanding work of the NYPD and ATF for their investigative efforts and ongoing support and assistance with the case.
The prosecution of this case is being overseen by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Andrew C. Adams and Sarah Krissoff are in charge of the case.
Laurel Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
Greenbelt, Maryland – Charles Bertsch, age 59, of Laurel, Maryland, pleaded guilty today to distribution of child pornography.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Chief Terrence B. Sheridan of the Baltimore County Police Department; Washington County Sheriff Douglas W. Mullendore; and Worcester County Sheriff Reggie T. Mason, Sr.
According Bertsch’s plea agreement, FBI Task Force agents in Maryland began an investigation into Bertsch after various law enforcement agencies downloaded child pornography via a file-sharing network from IP addresses which led back to Bertsch. In an interview with law enforcement, Bertsch acknowledged that by connecting his computer and downloading such images, he was simultaneously enabling others to download child pornography from his hard drive. A forensic examination of Bertsch’s electronic devices, seized pursuant to a search warrant, revealed over 100,000 image files and over 2,000 video files of child pornography.
As part of his plea agreement, Bertsch must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
Bertsch faces a minimum mandatory sentence of five years in prison and a maximum of 20 years in prison, followed by up to lifetime of supervised release, for distribution of child pornography. U.S. District Judge Paul W. Grimm has scheduled sentencing for January 31, 2019, at 1:00 p.m.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended the FBI, the Baltimore County Police Department, the Washington County Sheriff's Office, and the Worcester County Sheriff's Office for their work in the investigation. Mr. Hur and Mr. Benczkowski thanked Assistant U.S. Attorney Joseph Baldwin and Trial Attorney Nadia Prinz of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), who are prosecuting the federal case.
Kentucky Man Pleads Guilty to Bank RobberyRead the Press Release
HUNTINGTON, W.Va. – A Kentucky man who robbed over $32,000 from a bank in Wayne County pleaded guilty today, announced United States Attorney Mike Stuart. Steve Ray Meeks, 62, of Louisa, Kentucky, entered his guilty plea to bank robbery. U.S. Attorney Stuart commended the investigative efforts of the FBI, the Wayne County Sheriff’s Office, the Louisa, Kentucky, Police Department, the Kentucky State Police, and the West Virginia State Police.
“Meeks was determined to rob the Community Trust Bank and he was ultimately successful,” said United States Attorney Mike Stuart. “But thanks to the quick response and teamwork of West Virginia and Kentucky law enforcement agencies, he was quickly apprehended and brought to justice.”
Meeks admitted that on January 12, 2018, he robbed the Community Trust Bank in Fort Gay. The day before, Meeks admitted that he had approached the bank with his hood over his head and a ski mask covering his face and tried to get in after the bank had closed. During the morning staff meeting at the bank prior to opening, the bank employees discussed the individual they saw who had tried to get in the day prior. After that meeting, the same individual with the exact same clothes on tried to get in the bank again before it opened. Meeks admitted that he left and returned to the bank after it opened, when he could get in the unlocked door. Meeks further admitted that upon entering the bank, he brandished a weapon that appeared to be a handgun, requested that the tellers put all the money in a bag he brought with him, and threatened to shoot or kill them all.
Following the robbery, Meeks admitted that he drove into Kentucky with a Wayne County Sheriff’s deputy pursuing him, who then shortly after entering Kentucky, turned over the pursuit to a Louisa Police Department officer. Meeks admitted that during the pursuit, he threw large sums of cash from the robbery out the window. Law enforcement deployed stop strips to flatten his tires and Meeks was apprehended. The weapon from the robbery was later found in Fort Gay along the path where Meeks initially fled on foot, and it was discovered to be a BB gun that resembled an actual handgun, without an orange cap on the barrel or any other safety markings to indicate otherwise. Investigators and bank employees determined that the amount Meeks robbed was approximately $32,372.00.
Meeks faces up to 25 years in federal prison when he is sentenced on October 22, 2018.
Assistant United States Attorney Clint Carte is responsible for the prosecution. United States District Judge Robert C. Chambers presided over the plea hearing.
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###Kathy Scott and George Santiago, Former New York State Correction Officers at Downstate Prison, Sentenced for Beating Inmate Kevin Moore and Falsifying RecordsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that KATHY SCOTT and GEORGE SANTIAGO JR., both former New York State Correction Officers, were sentenced today by U.S. District Judge Kenneth M. Karas to 100 months and 87 months, respectively, for the November 12, 2013, beating of Kevin Moore, an inmate at the Downstate Correctional Facility in Fishkill, New York, and for falsifying records to cover up the beating.
SCOTT and SANTIAGO were convicted on November 20, 2017, following a two-week jury trial, of assaulting Moore in violation of his rights under the United States Constitution by repeatedly punching and kicking him in the head and body as he lay restrained on the floor. Moore was hospitalized for two weeks with multiple serious injuries from the beating, including facial bone fractures, five broken ribs, and a collapsed lung. SCOTT and SANTIAGO were also convicted of conspiring to violate Moore’s civil rights, as well as falsifying and conspiring to falsify Department of Correction records concerning the assault. SCOTT and SANTIAGO were taken into custody immediately after sentencing.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Kathy Scott and George Santiago participated in a vicious beating of inmate Kevin Moore within an inch of his life. Then they concocted a phony story to hide what they did, repeatedly lying in Department of Correction records and even creating a fake injury. The U.S. Constitution protects all of us, including those in prison. Correction officers who physically abuse inmates and lie about it will be punished as criminals. Today, Scott and Santiago were held accountable for their crimes.”
According to the evidence introduced at trial:
On November 12, 2013, Kevin Moore, then 54 years old, was brought to the 1D Housing Unit at Downstate Correctional Facility to be housed overnight. Moore objected to his cell assignment and a verbal dispute ensued between Moore and a group of correction officers. After Moore yelled, in sum and substance, “I’m a monster,” multiple officers, including SANTIAGO, forced Moore to the floor, restrained him, and then proceeded to assault Moore as he lay there, repeatedly punching and kicking Moore in the head and body. At no time did Moore ever try to attack, touch, or even make a threatening gesture toward any of the officers. While Moore lay defenseless on the floor, SANTIAGO, who was wearing boots, cocked back his leg and delivered a soccer-style kick to Moore’s face. SANTIAGO also continued to strike Moore after Moore was handcuffed. During the beating, SANTIAGO laughed and taunted Moore, yelling “Who’s the monster now.”
SCOTT, who was then a sergeant and the supervising officer on the scene, was present for the entire beating and was required to stop the excessive force being used by her subordinates. Instead of taking action to stop the unlawful violence, SCOTT encouraged it, ordering an officer to hold Moore down on the floor while other officers continued to kick and punch him. During the beating, Moore repeatedly cried out in pain and begged SCOTT and the other officers to stop hurting him.
Immediately after the beating, SANTIAGO and other officers, led by SCOTT, engaged in an elaborate cover-up of the crime they had committed. They made up a false cover story that Moore had attacked one of the officers and that another officer had to strike Moore once in the head to save his fellow officer. To make this lie believable, the officers claimed that Moore had injured the officer’s back by pushing the officer backward onto a table. But because nothing of the sort had occurred, they created a phony injury. Specifically, SANTIAGO hit one of the other officers repeatedly on the back with a baton and SCOTT photographed the fake injury. SCOTT then prepared a false Use of Force Report describing the incident and incorporating the photos and false statements from herself and other officers, including SANTIAGO, and submitted the false report to her superiors. SCOTT and SANTIAGO also repeatedly pressured other officers to lie to investigators about what had occurred.
Moore was severely injured, suffering multiple facial fractures, five broken ribs, and a collapsed lung, among other injuries. According to the medical evidence, Moore received at least four forceful blows to the face and torso, including one crushing strike to the right eye that was consistent with a kick from a boot.
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SCOTT, 44, of Saugerties, New York, was sentenced to 100 months in prison and one year of supervised release. SANTIAGO, 36, of Fremont Center, New York, was sentenced to 87 months in prison and one year supervised release.
Three other former Downstate correction officers pled guilty to the same offenses in connection with the beating and cover-up. Andrew Lowery pled guilty on July 27, 2016, Donald Cosman pled guilty on August 31, 2016, and Carson Morris pled guilty on November 1, 2017. Lowery and Morris are scheduled to be sentenced on July 25, 2018, and September 14, 2018, respectively. The sentencing of Cosman has not yet been scheduled.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation and the Special Agents at the United States Attorney’s Office. Mr. Berman also thanked the New York State Department of Correction Office of Special Investigation, and the Dutchess County District Attorney’s Office for their assistance in the investigation.
This case is being handled by the Office’s Civil Rights Unit and the White Plains Division. Assistant U.S. Attorneys Andrew Dember and Pierre Armand are in charge of the prosecution.
Justice Department Launches Public Awareness Campaign with Victims of Sexual Harassment in HousingRead the Press Release
The Department of Justice today announced the release of a public service announcement (PSA) aimed at raising awareness and reaching victims of sexual harassment in housing. To enhance the effectiveness of the campaign, the Department has enlisted the assistance of victims to share their experiences and help convey the message that sexual harassment in housing is a violation of civil rights. The Justice Department and the U.S. Department of Housing and Urban Development (HUD) are working together to distribute the PSA. The PSA is posted on the Department’s Youtube channel and HUD’s Youtube channel.
The Department developed a 60-second video featuring three women who were injured parties in sexual harassment lawsuits brought by the Department under the Fair Housing Act. In the PSA, the women, in their own words, share the stories of how they were harassed and the impact the experience has on their lives.
One victim featured in the video, Stephanie, had a landlord who threatened to evict her if she didn’t have sex with him. “It was something that I didn’t want to do but I had to do it. I didn’t know I had a choice at that time, but now that I do, I want other people to know that they do. [I want] other women to know that they don’t have to take this. This is just uncalled for. It’s unspeakable.” Another victim, Temika, featured experienced a landlord who subjected her to unwanted sexual advances and comments, including exposing himself to her while inside her unit, causing her to scream, “Get out!” and run out of the unit.
The PSA released today is a joint effort between the Department and HUD, designed to raise awareness and make it easier for victims all over the country to find resources and report harassment. HUD distributed the video today to all Public Housing Agencies across the United States. The video is intended to air in all national media markets and will be distributed by social media to followers of the Justice Department and HUD, and amplified by other government agencies, partners, and organizations. In addition, the PSA will be circulated to fair housing groups, legal aid organizations, and other related partners across the country. The Justice Department also previewed the PSA last week at two U.S. Attorneys’ Offices in the Middle District of Florida and the District of Colorado, during separate sexual harassment in housing roundtables, engaging over 80 local law enforcement officers, fair housing organizations, universities, civil rights organizations, and other groups.
“Unfortunately, there are still too many landlords and managers who attempt to prey on vulnerable individuals. The launch of the nationwide PSAs is an important step in proliferating the stories of brave women and men across the country in order to raise awareness and help other victims,” said John Gore, Acting Assistant Attorney General of the Civil Rights Division. “Our goal at the Justice Department is to make more people aware that no one should have to choose between a home and the right to be free from sexual harassment.”
“A person’s home is where they should feel the safest, not to live in fear of being subjected to sexual harassment,” said Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “This campaign will let the public know that they have help should they find themselves a victim of this type of behavior. The Justice Department and HUD are committed to working together to address the problem and protect their housing rights.”
In October 2017, the Justice Department launched an initiative to combat sexual harassment in housing. In April 2018, the Department announced the nationwide rollout of the initiative, including three major components: a new HUD-DOJ Task Force to combat sexual harassment in housing, an outreach toolkit to leverage the Department’s nationwide network of U.S. Attorney’s Offices, and a public awareness campaign, including a partnership package with relevant stakeholders, launch of a social media campaign, and Public Service Announcements (PSAs) run by individual U.S. Attorney’s offices. The Department and HUD are working together to distribute the PSA as part of the Task Force’s coordinated public outreach efforts.
More information about the Civil Rights Division and the civil rights laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of sexual harassment in housing should call the Department at 1-844-380-6178, send an e-mail to [email protected], or contact HUD at 1-800-669-9777. If you have information or questions about any other housing discrimination, you can contact the Department at 1-800-896-7743.
Jury Convicts Suffolk Man of Selling Gun to a FelonRead the Press Release
NORFOLK, Va. – A federal jury convicted a Suffolk man today on charges of selling a firearm to a felon.
According to court records and evidence presented at trial, Charlie Keys, 29, sold a loaded semi-automatic handgun to a man he knew was a felon. The man was working as a confidential informant for the Suffolk Police Department and recorded the gun sale on video. During the sale, Keys demonstrated that the gun worked by firing it into the air while standing in his front yard.
Keys faces a maximum penalty of five years in prison when sentenced on November 7. 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, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, and Thomas E. Bennett, Chief of Suffolk Police, made the announcement after U.S. District Judge Mark S. Davis accepted the verdict. Assistant U.S. Attorneys Andrew C. Bosse and William B. Jackson are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-73.
Harwich Man Convicted of Unlawful Firearms Possession and Drug OffensesRead the Press Release
BOSTON – A Harwich man was convicted today by a federal jury in Boston of firearms and drug offenses.
Timothy Fletcher, 36, was convicted of one count of possession of cocaine base with intent to distribute, one count of possession of cocaine with intent to distribute, and one count of being a felon in possession of a firearm and ammunition - a Tisas, Model Regent .45 caliber semi-automatic pistol, 58 rounds of .45 caliber ammunition and 60 rounds of 9mm ammunition. U.S. District Court Judge Richard G. Stearns scheduled sentencing for Oct. 23, 2018. Fletcher was arrested and charged in December 2015 and has been detained since.
On April 3, 2015, police executed a search warrant at a storage unit in Hyannis where they recovered, among other items, firearms, 124 rounds of ammunition, crack cocaine, powder cocaine, $1420 in cash, drug paraphernalia, two digital scales, boxes of plastic sandwich baggies, approximately 223 pairs of sneakers, and various documents containing Fletcher’s name. The firearms, firearm magazines, some of the drugs and the cash were hidden inside various sneakers and sneaker boxes. Fletcher’s fingerprints were recovered from a magazine found inside a sneaker box with the .45 caliber semi-automatic pistol.
The night before the warrant was executed, Fletcher was stopped by the police and found to be in possession of the key to the storage facility and unit.
The charge of being a felon in possession provides for a mandatory minimum sentence of 15 years and up to a lifetime in prison, a minimum of five years and up to a lifetime of supervised release and a fine of $250,000. Each drug charge provides for a sentence of no greater than 30 years in prison, three years of supervised release and a fine of $2 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Barnstable Police Chief Matthew Sonnabend; and Yarmouth Police Chief Frank Frederickson made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.
Former Senior UAW Official Pleads Guilty to Conspiracy with Fiat Chrysler ExecutivesRead the Press Release
The former second highest official in the UAW’s Chrysler Department pleaded guilty today to conspiring with other UAW officials and Fiat Chrysler executives to make illegal payments to union officials, announced U.S. Attorney Matthew Schneider.
Joining in the announcement were James Vanderberg, Special Agent in Charge of the U.S. Department of Labor – Office of Inspector General, Timothy R. Slater, Special Agent in Charge of the Detroit, Michigan office of the Federal Bureau of Investigation, Manny Muriel, Special Agent in Charge of the Detroit, Michigan office of the Internal Revenue Service – Criminal Investigations, and Thomas Murray, Acting District Director, U.S. Department of Labor – Office of Labor-Management Standards.
Nancy A. Johnson, 57, of Macomb, Michigan pleaded guilty to conspiring to violate the Labor Management Relations Act by accepting and arranging for illegal payments from Fiat Chrysler executives to high-level UAW officials from 2014 through 2016. After the now-deceased UAW Vice President General Holiefield retired in 2014, Johnson and other UAW officials began running the UAW’s Chrysler Department, responsible for dealing with executives at Fiat Chrysler. During the plea hearing, Johnson admitted to participating in a conspiracy that had existed at least from 2009 through 2016 whereby Fiat Chrysler executives conspired with one another, with Fiat Chrysler, with UAW officials, and with the UAW to funnel money and things of value worth tens of thousands of dollars from Fiat Chrysler to UAW officials and the UAW. The things of value funneled to UAW officials from Fiat Chrysler included personal travel, golf resort fees, lavish meals and parties, limousine services, designer clothing, designer shoes, golf equipment, electronics, and an Italian shotgun.
Johnson’s guilty plea indicated that a high-level UAW official directed other UAW officials to use money supplied from automobile manufacturing companies through joint UAW training centers to pay for travel, including travel solely for purported union business, as well as lavish meal and other entertainment costs of senior UAW officials and their friends, family, and allies. This directive was issued in order to reduce costs to the UAW budget from such expenditures because the UAW’s budget was under pressure.
Johnson’s plea also stated that In 2014, 2015, and 2016, in Palm Springs, California, high-level UAW officials used UAW funds to pay for extravagant meals, premium liquor, multi-month stays at condominiums, and multiple rounds of golf for little, if any, legitimate union-business or labor-management purposes. These expenditures were in addition to other expenses paid for by Fiat Chrysler by way of the training center.
As another part of the conspiracy, Johnson’s plea indicated that during the period 2014 through 2016, 100% of the UAW salaries of a large number of UAW officials and employees, nominally assigned to the NTC, was paid for by FCA through the NTC. FCA paid these salaries for the UAW even though senior UAW officials and FCA executives both knew that these UAW officials and employees “assigned” to the NTC spent most of their work time performing tasks for the UAW, reported to the UAW, and enforced FCA’s compliance with the collective bargaining agreement on behalf of the union and not for the benefit of FCA or the NTC.
Johnson is the seventh defendant to plead guilty in connection with the ongoing criminal investigation into illegal payoffs involving UAW officials and FCA executives. The following individuals have already pleaded guilty to their participation in the scheme: former FCA Vice President for Employee Relations Alphons Iacobelli, former FCA Financial Analyst Jerome Durden, former Director of FCA’s Employee Relations Department Michael Brown, former senior UAW officials Virdell King and Keith Mickens, and Monica Morgan, the widow of UAW Vice President General Holiefield.
“Today’s conviction of yet another senior UAW official further exposes the dishonorable scheme between UAW officials and Fiat Chrysler executives to corrupt the collective bargaining process at the expense of rank and file union members,” said United States Attorney Matthew Schneider. “The conviction reveals that part of this scheme involved the wrongful use of UAW funds for extravagant meals, entertainment, golf, and travel for little, if any, union-business purpose.”
“Nancy Johnson held a high-level position in the UAW and was entrusted to negotiate and implement contracts for the UAW union members she served. Instead, Johnson defrauded the membership by illegally obtaining items worth thousands of dollars, including jewelry, clothing, and other personal items, knowing that FCA was paying the bill. We will continue to work with our law enforcement partners to investigate corrupt union officials who violate their duty to the members they represent for personal gain.” stated James Vanderberg, Special Agent-in-Charge, Chicago Region, United States Department of Labor Office of Inspector General.
“Today’s guilty plea from Nancy A. Johnson, a former senior UAW official, demonstrates the continued efforts of the FBI along with our law enforcement partners to hold those persons misusing funds, whether for personal gain or the enrichment of others, accountable for their actions," said Timothy R. Slater, Special Agent in Charge, Detroit Division of the FBI. "Her actions, depriving the rank and file UAW membership of training money, is intolerable and we remain committed to pursuing all those responsible."
“Protecting members against corruption perpetrated by their union leaders is critical to the mission of OLMS,” said Thomas Murray, acting District Director of the Office of Labor-Management Standards (OLMS) Detroit-Milwaukee District Office. “We will continue to work cooperatively with our law enforcement partners to ensure that anyone who abuses their union position for personal financial gain will be brought to justice.”
U.S. Attorney Schneider commended the outstanding work of the Internal Revenue Service – Criminal Investigations, the U.S. Department of Labor – Office of Labor-Management Standards and Office of Inspector General, and the Federal Bureau of Investigation in conducting a comprehensive criminal investigation into labor corruption activities involving a vital sector of the local and national economy.
The case is being prosecuted by Assistant U.S. Attorneys David A. Gardey, Erin Shaw, Charles J. Kalil II, and Adriana Dydell.
Former Schuylkill County Clerk of Courts Charged with FraudRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Steven M. Lukach, Jr., age 68, of Nesquehoning, Pennsylvania, was indicted by a federal grand jury on twenty counts of mail and wire fraud and manufacturing records to obstruct an investigation. He was arrested by federal agents this morning and appeared in federal court in Scranton and entered a not guilty plea to the charges. He was released on pre-trial supervision pending trial which was not scheduled.
According to United States Attorney David J. Freed, Lukach served as the Clerk of Courts for Schuylkill County for approximately 27 years. The indictment alleges that in 2013-2014, county auditors with the Controller’s Office began an in depth examination of the Clerk’s Office and discovered misappropriation of funds by Lukach. An FBI investigation ensued and while the audit was going on, Lukach allegedly interfered with the audit by stealing mail that was sent to banks, forged records and sent the fake bank records to the Controller’s Office, in an effort to conceal his thefts.
The indictment also alleges that Lukach stole funds from various court accounts for his own personal purposes, such as paying a family member’s credit card bill, paying for meals, making car payments, and other personal expenses.
The case was investigated by the Pennsylvania State Police, the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Michael Consiglio.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for each of these offenses is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Fresno-Area Auto Dealer Facing Federal Charges of Bank Fraud and Aggravated Identity TheftRead the Press Release
FRESNO, Calif. — Scott Radtke, 56, of Clovis, was arraigned today on a nine-count indictment charging him with bank fraud and aggravated identity theft, U.S. Attorney McGregor W. Scott announced.
According to court documents, Radtke owned California Motoring Company, a car dealership in Clovis. Beginning as early as January 1, 2016, and continuing through June 2017, Radtke executed a scheme to defraud banks. When customers wanted to buy vehicles that Radtke’s dealership did not have in its inventory, Radtke offered customers the opportunity to buy them from other dealerships. Radtke received up-front payments from the customers or their banks, but did not give that money to the other dealerships. Instead, he spent it on business and personal expenses. Radtke then signed the customers’ names on sale documents and loan applications, which led banks to issue loans without the customers’ knowledge or authorization. Radtke’s actions involved at least 48 vehicles and over $2 million in fraudulently obtained goods and funds.
This case is the product of an investigation by the California Department of Motor Vehicles, the Federal Bureau of Investigation, and the Clovis Police Department. Assistant U.S. Attorney Michael G. Tierney is prosecuting the case.
If convicted, Radtke faces a maximum statutory penalty of 30 years in prison and a $1 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Former Erie County Man Sentenced to Prison for Two Separate Drug ConspiraciesRead the Press Release
ERIE, Pa. - A former resident of Waterford, Pennsylvania, has been sentenced in federal court to 128 months in jail on his conviction of violating federal narcotics laws in two separate cases, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Dana Scott Ball, 40.
According to information presented to the court, the court was advised that from in and around September 2013 to in and around January 2015, Ball conspired with three co-defendants to possess with intent to distribute and distribute more than 700 kilograms of marijuana. In a separate case, from June 2013 through February 2015, Ball engaged in a conspiracy with eighteen co-defendants to distribute and possess with intent to distribute in excess of 5 kilograms of cocaine.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
United States Attorney Brady commended the Homeland Security Investigations, the Drug Enforcement Administration, the Pennsylvania State Police, U.S. Border Patrol, the Internal Revenue Service, Criminal Investigation; the Pennsylvania Office of Attorney General Organized Crime Section, the U.S. Postal Inspection Service, the U.S. Marshals Service, the Bureau of Alcohol Tobacco Firearms and Explosives, and the Arkansas State Police for the investigation leading to the successful prosecution of Ball.
Former Equifax manager pleads guilty to insider tradingRead the Press Release
ATLANTA - Sudhakar Reddy Bonthu, a former manager at Equifax, pleaded guilty today to a charge of insider trading based on his purchases of options ahead of Equifax’s public announcement of its data breach.
“Bonthu was privy to nonpublic information pertaining to Equifax’s data breach, and he violated the law when he used that knowledge to enrich himself,” said U.S. Attorney Byung J. “BJay” Pak. “Our office will continue investigate and prosecute those who take advantage of their positions for illegal gain.”
“Our message with this case is simple - company insiders must follow the same rules that govern regular investors, otherwise the public’s confidence in the stock market erodes,” said Murang Pak, Acting Special Agent in Charge of FBI Atlanta. “If they don’t, the FBI and its federal partners are determined to investigate them and hold them accountable.”
“Bonthu used confidential information to determine that his company had suffered a massive data breach and then violated company policy to illegally profit from it,” said Richard R. Best, Director of the Securities and Exchange Commission’s Atlanta Regional Office. “Corporate employees cannot take advantage of their access to sensitive information and unlawfully benefit from it.”
According to U.S. Attorney Pak, the charges, and other information presented in court: Equifax Inc. is a consumer credit reporting agency headquartered in Atlanta. During the summer of 2017, Equifax was the victim of a data breach, where hackers acquired names, Social Security numbers, birth dates, and addresses of over 145 million consumers.
Sudhakar Reddy Bonthu was a software development manager for Equifax’s Global Consumer Services team in August 2017. In that role, he was entrusted with information that resulted in him concluding that Equifax was the victim of a data breach. On August 25, 2017, Bonthu and other Equifax employees were asked to assist in responding to the breach, although he was not directly informed that Equifax had been breached. On August 25, 2017, Bonthu was informed that the target date for announcing the breach publicly was September 6, 2017. Around August 30, 2017, Bonthu learned that at least 100 million individuals’ information was exposed as part of the breach and that the data included names and Social Security numbers. The next day, Bonthu received an email related to his work on the breach with a file attached named “EFXDatabreach.postman_collection.” “EFX” is the stock ticker symbol for Equifax.
On September 1, 2017, Bonthu bought 86 put options in Equifax stock that expired on September 15, 2017. Those put options allowed him to profit if the value of Equifax stock dropped within that two-week period. Equifax publicly disclosed the data breach on September 7, 2017, and its stock fell the next day. Bonthu then exercised his put options, realizing a profit of more than $75,000.
Sudhakar Reddy Bonthu, 44, of Atlanta, Georgia is scheduled to be sentenced on October 18, 2018, at 2:00 p.m. before U.S. District Judge Amy Totenberg.
This case is being investigated by the Federal Bureau of Investigation, with assistance from the U.S. Securities and Exchange Commission.
Assistant U.S. Attorney Christopher J. Huber, Deputy Chief of the Complex Frauds Section, and Assistant U.S. Attorney Lynsey M. Barron are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Federal Medical Center Inmate Sentenced to 115 Months for AssaultRead the Press Release
LEXINGTON, Ky. – On Friday, Kevin Labracio Frazier was sentenced to 115 months in federal prison, by United States District Judge Danny C. Reeves, for an assault resulting in serious bodily injury.
According to testimony at trial, Frazier, an inmate at the Federal Medical Center in Lexington, assaulted another inmate that resulted in the victim suffering facial fractures and a deep laceration under his eye. Evidence further revealed that Frazier repeatedly punched the victim in the head and face outside of the housing unit, that the victim briefly lost consciousness, and the victim was transported to the University of Kentucky for medical treatment. Frazier was convicted at trial, in April of 2018.
Under federal law, Frazier must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for 3 years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Amy Hess, Special Agent in Charge of the Federal Bureau of Investigation’s Louisville Field Office, jointly made the announcement.
The investigation was conducted by Federal Bureau of Investigation and the Bureau of Prisons. The United States was represented by Assistant United States Attorney Ron L. Walker, Jr.
Federal Jury Convicts Lawyer and Coal Company Executive for Bribing State LegislatorRead the Press Release
BIRMINGHAM – A federal jury today convicted a Birmingham lawyer and an Alabama coal company executive in a scheme to bribe a state legislator to use his office to oppose Environmental Protection Agency actions in north Birmingham, announced U.S. Attorney Jay E. Town, FBI Special Agent in Charge Johnnie Sharp Jr. and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Thomas J. Holloman.
The jury returned its verdicts after deliberating about 12 hours following more than three weeks of testimony before U.S. District Judge Abdul Kallon. The jury found Balch & Bingham partner JOEL IVERSON GILBERT and Drummond Company Vice President of Government and Regulatory Affairs DAVID LYNN ROBERSON guilty of bribing former Alabama Rep. Oliver Robinson to advocate their employers’ opposition to EPA’s prioritization or expansion of the north Birmingham Superfund site. The bribe came in the form of a lucrative consulting contract that paid Robinson $360,000 through his Oliver Robinson Foundation, a non-profit organization, between 2015 and 2016.
Drummond Company was a client of the Birmingham-based Balch & Bingham law firm.
The jury found Gilbert, 46, and Roberson, 67, guilty of bribery, honest services wire fraud, conspiracy, and money laundering conspiracy.
Robinson pleaded guilty in September to the conspiracy, bribery, wire fraud, and tax evasion.
“This case was not about the EPA. This case was not about pollution. This was a case about greed at the expense of too many,” Town said. “The findings of guilt for these three individuals, by trial or plea, should forewarn anyone who would be corruptly motivated to act in similar unlawful interest. Voters deserve public officials who seek to represent them honestly and fairly. When elected officials, corporate executives or their lawyers violate our federal laws, they should expect to suffer the fate of these three guilty defendants. We appreciate the dedication of the federal agencies that worked tirelessly on this case.”
“Public corruption continues to be the top criminal priority for the FBI and those who violate the public's trust must be held accountable,” Sharp said. “As long as corruption and greed exists, the FBI will work to bring them to the bar of justice.”
EPA had designated an area of north Birmingham, including the neighborhoods of Harriman Park, Fairmont and Collegeville, as a Superfund site after finding elevated levels of arsenic, lead and benzo(a)pyrene during soil sampling. In September 2013, EPA notified five companies, including Drummond-owned ABC Coke, that they could potentially be responsible for the pollution. Such a finding could have cost the company tens of millions of dollars in cleanup costs and fines.
In September 2014, EPA proposed adding the site, designated the 35th Avenue Superfund Site, to its National Priorities List, signaling that it required priority attention. Placement on the priorities list would have allowed EPA to use the federal Superfund Trust Fund to conduct long-term cleanup at the site, provided the State of Alabama agreed to pay 10 percent of the costs. EPA also was considering the petition of a Birmingham advocacy group, GASP, to expand the site to the Tarrant and Inglenook neighborhoods.
According to evidence at trial, Gilbert and Roberson were intent on protecting ABC Coke and Drummond from the tremendous potential costs associated with being held responsible for pollution in the 35th Avenue site. As part of their strategy to accomplish that goal, they began working to prevent expansion of the site or its placement on EPA’s priority list.
The defendants hired Robinson, whose legislative district adjoined the Superfund site, to persuade north Birmingham residents and governmental agencies to oppose EPA’s actions. According to documents and testimony, Balch made the payments to Robinson’s foundation, and then invoiced Drummond or the Alliance for Jobs and Economy, a tax-exempt organization whose account the defendant controlled, for reimbursement. At Gilbert’s and Roberson’s request, the invoices Balch sent to Drummond and to AJE were scrubbed of any reference to the Oliver Robinson Foundation.
One of Robinson’s first tasks was to appear before the Alabama Environmental Management Commission and the director of the Alabama Department of Environmental Management in February 2015 to advance the opposition to EPA’s plan. Robinson urged the AEMC to “narrow the list” of parties potentially responsible for the pollution in north Birmingham and argued that the Superfund designation or placement of the NPL could harm property values of residents in the area.
Robinson went before the AEMC as a state legislator and concealed from its members that Balch & Bingham and Drummond were paying him to represent their interests, according to testimony and other evidence.
Robinson also failed to inform EPA officials in an earlier meeting that he was working for Drummond and Balch & Bingham. Gilbert provided Robinson with talking points for that meeting, which Robinson secretly recorded and then provided the recording to Gilbert, according to testimony.
Evidence also showed that, in June 2015, Robinson voted, as a member of the Alabama House Rules Committee, to send to the floor an anti-EPA resolution that Gilbert had drafted. Gilbert prepared the resolution for the Alabama legislature knowing that Robinson would have a vote on it, at a time when Robinson’s foundation was working on a retainer contract with Balch.
Federal Grand Jury Indictment Charging 23 Individuals Is UnsealedRead the Press Release
MACON: Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that on July 11, 2018, a Federal Grand Jury sitting in Macon, Georgia returned a sealed indictment. That indictment has now been unsealed, revealing charges against 23 individuals. An indictment is only an allegation of criminal conduct, and all of the defendants are presumed innocent until and unless proven guilty in a court of law beyond a reasonable doubt.
“I want to thank our Federal, State and local law enforcement partners for their hard work bringing this case before the Federal Grand Jury,” said United States Attorney Peeler.
Seventeen of the individuals were charged with conspiracy to possess with intent to distribute more than 50 grams of methamphetamine, more than 500 grams of cocaine, more than 28 grams of crack cocaine, and marijuana, which carries a mandatory minimum of 10 years in federal prison and up to life in prison. The individuals charged with that crime were:
RICARDO BODIFORD a/k/a Rico, age 32, Moultrie, Georgia
DAVID SPRADLEY a/k/a ManMan, age 35, Moultrie, Georgia
ERIC TOWNSEND, age 29, Moultrie, Georgia
JOHNTAVIOUS JOHNSON a/k/a Mikey, age 32, Moultrie, Georgia
STACY McLELLAN, age 50, Moultrie, Georgia
BRENTON MILLER, age 31, Moultrie, Georgia
REGINA MILLER, age 35, Moultrie, Georgia
JOSH WHALEY, age 37, Tallahassee, Florida
KRISTEN DISMUKE, age 30, Moultrie, Georgia
TORRANZA McNEAL a/k/a Cheese a/k/a Meke, age 38, Moultrie, Georgia
ERIC LAMAR, age 35, Moultrie, Georgia
TRABIAN JONES, age 41, Moultrie, Georgia
RAMON WHITE, age 35, Moultrie, Georgia
JAMES FIELDER, age 34, Moultrie, Georgia
JARVIS WEST, age 31, Moultrie, Georgia
TONY STAMPER a/k/a Buggie, age 29, Moultrie, Georgia; and
BRYANT PITTMAN a/k/a “John Gotti,” age 35, Moultrie, Georgia
Five individuals were charged with conspiracy to possess with intent to distribute more than 50 grams of methamphetamine, which carries a mandatory minimum of 10 years in federal prison and up to life in prison. The individuals charged with that crime were:
GABINO TOBIAS, age 44, Fairburn, Georgia
MARIA DEL CARMEN SALAZAR-MIRALES, age 44, Fairburn, Georgia
ALEJANDRO BUSTAMANTE, age 30, Moultrie, Georgia
GRICELDA BUSTAMANTE GUTIERREZ, age 36, Norman Park, Georgia
RICARDO GUTIERREZ a/k/a Dizzy, age 31, Norman Park, Georgia
Five individuals were charged with distribution of more than 5 grams of methamphetamine, which carries a mandatory minimum of 5 years in federal prison and up to life in prison. The individuals charged with that crime were:
RICARDO BODIFORD a/k/a Rico, age 32, Moultrie, Georgia
JARVIS WEST, age 31, Moultrie, Georgia
JOHNTAVIOUS JOHNSON a/k/a Mikey, age 32, Moultrie, Georgia
DAVID SPRADLEY a/k/a ManMan, age 35, Moultrie, Georgia
ERIC TOWNSEND, age 29, Moultrie, Georgia
DAVID SPRADLEY a/k/a ManMan, age 35, Moultrie, Georgia, is charged with possession of more than 500 grams cocaine with intent to distribute and possession of marijuana with intent to distribute. If convicted of both charges, he faces a mandatory minimum of 5 years in federal prison and up to life in prison.
GRICELDA BUSTAMANTE GUTIERREZ a/k/a Chela, age 36, Norman Park, Georgia is also charged with possession of more than 50 grams of methamphetamine with intent to distribute; possession of marijuana with intent to distribute; possession of a firearm in furtherance of a drug trafficking crime; possession of a firearm with an obliterated serial number; aiding and abetting possession of a firearm by an illegal alien; and aiding and abetting possession of a firearm by a convicted felon. If convicted on these charges, she faces a mandatory minimum of 15 years in federal prison and up to life in prison.
RICARDO GUTIERREZ a/k/a Dizzy, age 31, Norman Park, Georgia, is also charged with possession of more than 50 grams of methamphetamine with intent to distribute; possession of marijuana with intent to distribute; possession of a firearm in furtherance of a drug trafficking crime; possession of a firearm with an obliterated serial number; possession of a firearm by an illegal alien; and possession of a firearm by a convicted felon. If convicted on these charges, he faces a mandatory minimum of 15 years in federal prison and up to life in prison.
GABINO TOBIAS, age 44, Fairburn, Georgia, is also charged with possession of marijuana with intent to distribute; possession of more than 50 grams of methamphetamine with intent to distribute; possession of a firearm in furtherance of a drug trafficking crime; possession of a stolen firearm; and possession of a firearm by an illegal alien. If convicted on these charges, he faces a mandatory minimum of 15 years in federal prison and up to life in prison.
MARIA DEL CARMEN SALAZAR-MIRALES, age 44, Fairburn, Georgia, is also charged with possession of marijuana with intent to distribute; possession of more than 50 grams of methamphetamine with intent to distribute; possession of a firearm in furtherance of a drug trafficking crime; possession of a stolen firearm; and possession of a firearm by an illegal alien. If convicted on all of these charges, she faces a mandatory minimum of 15 years in federal prison and up to life in prison.
RICARDO BODIFORD a/k/a Rico, age 32, Moultrie, Georgia is also charged with distribution of more than 50 grams of methamphetamine, maintaining a drug involved premises, and possession of marijuana with intent to distribute. If convicted of these charges, he faces a mandatory minimum of 10 years in federal prison and up to life in prison.
ERIC TOWNSEND, age 29, Moultrie, Georgia is also charged with possession of cocaine with intent to distribute; possession of marijuana with intent to distribute; and possession of a firearm in furtherance of a drug trafficking crime. If convicted of these charges, he faces a mandatory minimum of 5 years in federal prison and up to life in prison.
BRAD TUFF, age 38, Norman Park, Georgia, is charged with conspiracy to possess with intent to distribute marijuana. If convicted, he faces up to 5 years in federal prison.
The case was investigated by the Georgia Bureau of Investigation, the Drug Enforcement Administration, the Colquitt County Sheriff’s Office, the Moultrie Police Department, and the Leon County Florida Sheriff’s Office. Assistant U.S. Attorney Leah E. McEwen is prosecuting the case for the Government.
Questions concerning this release should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Essex County Man Gets 35 Months in Prison for Defrauding Customers, Stealing Their Credit Card InformationRead the Press Release
NEWARK, N.J. – A Bloomfield, New Jersey, man was sentenced today to 35 months in prison for failing to deliver goods his business sold to customers, stealing his customers’ credit card information and falsely claiming that purchases on his own account were fraudulent, U.S. Attorney Craig Carpenito announced.
Scott Spina Jr., 21, previously pleaded guilty before U.S. District Judge Esther Salas to an information charging him with one count of wire fraud. Judge Salas imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
Spina was in the business of selling sneakers and other high-end items to customers that included professional athletes. However, after he contracted with these customers and collected payment, he failed to deliver the goods as promised.
Spina also made personal purchases using credit card information provided by his customers and others without their authorization. In addition, he contacted his credit card company and falsely claimed that numerous purchases on his account were fraudulent. Altogether, Spina admitted he obtained or sought to obtain more than $550,000 in money or goods.
In addition to the prison term, Judge Salas sentenced Spina to three years of supervised release and ordered him to pay restitution of $516,396.33.
U.S. Attorney Carpenito credited inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Judy Ramos, with the investigation leading to today’s sentence. He also thanked the Salem County Prosecutor’s Office, under the direction of Prosecutor John T. Lenahan; the N.J. State Police, under the direction of Col. Patrick J. Callahan; the East Hanover Police Department, under the direction of Chief Christopher F. Cannizzo; and the West Orange Police Department, under the direction of Chief James P. Abbott, for their assistance with the case.
The government is represented by Senior Litigation Counsel Andrew Kogan of the U.S. Attorney’s Office Cybercrime Prevention and Enforcement Unit in Newark.
Defense counsel: Vincent Scoca Esq., Bloomfield
East Hartford Man Guilty of Making False Statement on Federal Tax FormRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that a federal jury in Hartford has found RAYMOND McLAUGHLIN, also known as “Shakir Ra Ade Bey” and “Shakir Ade Bey,” 45, of East Hartford, guilty of one count of making a false statement on a federal tax form. The trial before U.S. District Judge Michael P. Shea began on July 19 and the jury returned its verdict this afternoon.
According to court documents and statements made in court, in March 2009, McLAUGHLIN and his wife refinanced the mortgage for their East Hartford residence, taking out a $233,371 refinancing loan. McLAUGHLIN and his wife failed to make a single mortgage payment for approximately six years thereafter while they resided in the home. In April 2011, the mortgage holder filed a foreclosure lawsuit in state court and, in December 2012, Judge Robert F. Vacchelli granted an Order of Foreclosure against McLAUGHLIN. Between then and April 23, 2014, Judge Vacchelli denied approximately 44 motions filed by McLAUGHLIN to vacate, reopen or otherwise set aside the foreclosure judgment.
On April 24, 2014, McLAUGHLIN mailed packages containing documents related to his foreclosure proceedings to both the U.S. Treasury Department in Washington, D.C., and the Internal Revenue Service in Austin, Texas. The packages included IRS Forms 1099-OID and 1099-A for the 2014 tax year, falsely claiming that McLAUGHLIN had paid $332,204.25 in taxable income to Judge Vacchelli and the Connecticut state courts. The packages also contained an IRS Form 1096 on which McLAUGHLIN stated and declared under the penalties of perjury that he had examined the submissions and that they were true, correct and complete, when, in fact, he knew that he had not made a payment of any kind to either Judge Vacchelli or the courts. Testimony at trial established that had the IRS treated those documents as true, Judge Vacchelli would have been assessed an additional $110,000 in taxes; and that Judge Vacchelli’s pending reappointment to the Superior Court bench could have been placed in jeopardy.
When he is sentenced, McLAUGHLIN faces a maximum term of imprisonment of five years. A sentencing date is not scheduled.
McLAUGHLIN was arrested on a federal criminal complaint on June 2, 2017. He was released on a $50,000 bond until he failed to appear for the beginning of his trial on July 19. He surrendered today. Judge Shea ordered McLAUGHLIN to be detained pending sentencing.
This matter is being investigated by the Treasury Inspector General for Tax Administration and the Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Henry Kopel.
Delaware Man Sentenced to Prison for Production of Child PornographyRead the Press Release
A Dover, Delaware man was sentenced to 25 years in prison today for production of child pornography, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney David C. Weiss of the District of Delaware.
Daniel Arthur Hill, 30, pleaded guilty to two counts of production of child pornography on Nov. 9, 2017. U.S. District Judge Gregory M. Sleet of the District of Delaware sentenced Hill to serve 300 months in prison followed by 15 years of supervised release.
According to admissions made as part of his guilty plea, Hill was arrested by the Delaware State Police Department for solicitation of a minor on Dec. 16, 2015. Hill had met a person online who he believed was a 14-year-old girl and with whom he had arranged to engage in sexual intercourse. Following his arrest, a court-authorized search of Hill’s electronic devices revealed evidence that Hill had produced images of child pornography depicting two minors under the age of 12. Hill had also distributed child pornography to others via online chat groups. On Aug. 11, 2016, Hill was indicted in the U.S. District Court for the District of Delaware for enticement of a minor and for possession, production, and distribution of child pornography.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Delaware State Police investigated this case. Trial Attorney Nadia Prinz of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Graham L. Robinson of the District of Delaware prosecuted the case. CEOS Trial Attorney Kathryn Furtado also served as a vital member of the prosecution team at earlier stages of the litigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Delaware Man Sentenced to Prison for Production of Child PornographyRead the Press Release
WILMINGTON, Del. – A Dover, Delaware man was sentenced to 25 years in prison today for production of child pornography, announced U.S. Attorney David C. Weiss of the District of Delaware.
Daniel Arthur Hill, 30, pleaded guilty to two counts of production of child pornography on Nov. 9, 2017. U.S. District Judge Gregory M. Sleet of the District of Delaware sentenced Hill to serve 300 months in prison followed by 15 years of supervised release.
According to admissions made as part of his guilty plea, Hill was arrested by the Delaware State Police Department for solicitation of a minor on Dec. 16, 2015. Hill had met a person online who he believed was a 14-year-old girl and with whom he had arranged to engage in sexual intercourse. Following his arrest, a court-authorized search of Hill’s electronic devices revealed evidence that Hill had produced images of child pornography depicting two minors under the age of 12. Hill had also distributed child pornography to others via online chat groups. On Aug. 11, 2016, Hill was indicted in the U.S. District Court for the District of Delaware for enticement of a minor and for possession, production, and distribution of child pornography.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Delaware State Police investigated this case. Trial Attorney Nadia Prinz of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Graham L. Robinson of the District of Delaware prosecuted the case. CEOS Trial Attorney Kathryn Furtado also served as a vital member of the prosecution team at earlier stages of the litigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Columbia Man Sentenced to 12 Years for Illegal FirearmsRead the Press Release
JEFFERSON CITY, Mo. – A Columbia, Mo., man was sentenced in federal court today for illegally possessing eight firearms.
Adrian Lamont Levy, 35, was sentenced by U.S. District Judge Stephen R. Bough to 12 years and four months in federal prison without parole.
On April 9, 2018, Levy pleaded guilty to three counts of being a felon in possession of a firearm. Levy admitted that he was in possession of a Ruger 9mm pistol on July 4, 2015. Levy admitted that he was in possession of six firearms on Sept. 2, 2015, including a Smith & Wesson 9mm pistol, a Kel Tec 9mm rifle, a Century Arms rifle, an SWD pistol, a Glock 9mm pistol and a Metro Arms .45-caliber pistol. Levy admitted that he was in possession of a Kel Tec 5.56-caliber pistol on Nov. 28, 2016.
Levy, who was a fugitive from justice following his original indictment, was confronted by federal authorities in a parking garage in Kansas City, Mo., on Nov. 28, 2016. Levy drove through the parking garage, attempting to flee from the officers, but the exits were blocked. Levy got out of his vehicle, which was still in gear and struck another vehicle owned by his girlfriend. He was eventually apprehended after a foot chase. Officers searched the vehicle Levy had been driving and found the Kel Tec handgun, loaded with 30 rounds of ammunition in a high-capacity magazine, inside a backpack.
Levy was originally indicted for being a felon in possession of a firearm on Aug. 19, 2015, after law enforcement officers found the loaded Ruger 9mm pistol in the glovebox of his car during a sobriety check point. When officers went to his residence to arrest him, he was not present, but the six loaded firearms that he later admitted to possessing were discovered at the residence. Levy was charged with possessing the six additional firearms in a superseding indictment returned by a federal grand jury on Oct. 28, 2015.
Levy was a fugitive from justice from the time of the original indictment on Aug. 19, 2015, to the time of his arrest on Nov. 28, 2016. He was charged with illegally possessing the Kel Tec pistol in a second superseding indictment returned by a federal grand jury on Dec. 7, 2016.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Levy has two prior felony convictions for possession of a controlled substance, as well as prior felony convictions for distribution of a controlled substance and resisting arrest.
This case was prosecuted by Assistant U.S. Attorney Lawrence E. Miller. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Columbia, Mo., Police Department.
California Man Pleads Guilty to Copyright InfringementRead the Press Release
KANSAS CITY, KAN. – A California man pleaded guilty today to unlawfully selling copyrighted aviation data updates, U.S. Attorney Stephen McAllister.
Craig M. Vincent, 51, Stockton, Calif., pleaded guilty to one count of criminal infringement of a copyright.
In his plea, Vincent admitted he used eBay to resell aviation navigational database updates in violation of Jeppesen Company’s licensing agreement for a trademarked product called NavData. Jeppesen is a Boeing subsidiary. Jeppesen’s NavData includes airport information, runway characteristics, waypoints, arrival routes, departure routes, terminal procedures and general information that a Global Positioning System or flight management computer needs to navigate an airplane to final destination.
Jeppesen sold NavData subscriptions to Kansas-based Garmin, Inc. Garmin received a commission from the sales of Jeppesen data sets. Doing business as Merlin Enterprises, Vincent sold NavData cards and required customers to return old data cards to him.
Sentencing is set for Oct. 15. He faces up to five years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
California Doctor and his Assistant Charged in Scheme to Distribute Prescription Drugs and Commit Health Care FraudRead the Press Release
PITTSBURGH - Two California residents have been indicted by a federal grand jury in Pittsburgh, Pennsylvania, on charges of conspiracy to distribute fentanyl, methadone, and oxycodone; distribution of oxycodone; conspiracy to commit health care fraud, and conspiracy to launder money, United States Attorney Scott W. Brady announced today.
The 15-count indictment, returned on July 17, named Dr. Paul Michael Hoover, age 57, and Marcia Ramsier Arthurs, age 60, of Novato, California, as the defendants.
According to the indictment, from March 26, 2015 to June 22, 2018, in the Western District of Pennsylvania and elsewhere, Dr. Paul Hoover and his assistant Marcia Arthurs conspired to distribute fentanyl, methadone, and oxycodone. The indictment also alleges that from January 9, 2018, to June 22, 2018, Hoover and Arthurs distributed oxycodone on multiple occasions. Further, the indictment alleges that from March 26, 2015, to June 22, 2018, Hoover and Arthurs conspired to commit health care fraud. Lastly, the indictment alleges that during that same time, Hoover and Arthurs conspired to launder money.
The law provides for a maximum sentence of 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Cindy K. Chung and Rachael L. Mamula are prosecuting this case on behalf of the government.
The investigations leading to the filing of charges in these cases were conducted by the Western Pennsylvania Opioid Fraud and Abuse Detection Unit, which combines personnel and resources from the following agencies to combat the growing prescription opioid epidemic: Federal Bureau of Investigation, U.S. Health and Human Services – Office of Inspector General, Drug Enforcement Administration, Internal Revenue Service-Criminal Investigations, Pennsylvania Office of Attorney General - Medicaid Fraud Control Unit, United States Postal Inspection Service, U.S. Attorney’s Office – Criminal Division, Civil Division and Asset Forfeiture Unit, Department of Veterans Affairs-Office of Inspector General, Food and Drug Administration-Office of Criminal Investigations and the Pennsylvania Bureau of Licensing. The Social Security Administration - Office of Inspector General also participated in this investigation.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Butler County Man Admits Possessing Child PornographyRead the Press Release
PITTSBURGH, PA –A former resident of Evans City, Pennsylvania, pleaded guilty in federal court to a charge of possession of material depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.
Christopher Robert Woods, age 46, pleaded guilty to one count before Chief United States District Judge Joy Flowers Conti.
In connection with the guilty plea, the court was advised that in November 2014-January 2015, Woods possessed images in computer graphic files, the production of which involved the use of minors engaging in sexually explicit conduct, some of whom had not yet attained 12 years of age.
Judge Conti scheduled sentencing for November 16, 2018 at 3 p.m. The law provides for a total sentence of not more than 20 years in prison, a fine not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Soo C. Song and Heidi M. Grogan are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Woods.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Algerian Man Pleads Guilty to Conspiring with Pennsylvania Woman and Others to Provide Material Support to TerroristsRead the Press Release
Ali Charaf Damache, 53, a national of Algeria and citizen of Ireland, aka Theblackflag, pleaded guilty today to conspiracy to provide material support and resources to terrorists. Damache was indicted in 2011 in the Eastern District of Pennsylvania on one count of conspiracy to provide material support to terrorists and one count of attempted identity theft to facilitate an act of international terrorism. U.S. authorities extradited Damache from Spain in July 2017. Sentencing is scheduled for Oct. 30 before U.S. District Judge Petrese B. Tucker.
The announcement was made by Assistant Attorney General for National Security John C. Demers, U.S. Attorney William M. McSwain for the Eastern District of Pennsylvania and Assistant Director in Charge William F. Sweeney, Jr. of the FBI’s New York Field Office.
“At a time when radical terrorist groups use the Internet to recruit new members and coordinate attacks against innocent people, the National Security Division remains committed to investigating all possible threats to our country aggressively — including those that take place online,” said Assistant Attorney General Demers. “Through close cooperation with our international law enforcement partners and the dedicated work of our agents and prosecutors, we have brought Damache to justice. This successful outcome has made the United States safer, and I applaud the women and men throughout the law enforcement community who made it happen.”
“Counterterrorism remains my office’s highest priority, and we will continue to prevent, disrupt, and defeat violent extremism at home and abroad,” said U.S. Attorney McSwain. The prosecutors and law enforcement agencies who brought Damache to justice in the United States work shoulder-to-shoulder, every day, to do just that. As this case shows, our resolve to dismantle clear and present dangers to our national security is stronger than ever.”
“Damache knowingly and willingly conspired with others to wage a violent jihad overseas, actively supporting the very ideals that allow terrorism to thrive worldwide,” said Assistant Director in Charge Sweeney. “For as long as there are those who commit to carrying out these intolerable acts, the FBI will resolutely continue to address counterterrorism as our number one priority. The JTTF, composed of all of our local and international partners, will continue to remain dedicated to mitigating the terrorist threat, both here and abroad.”
According to the indictment, Damache, his co-defendant Mohammad Hassan Khalid, and others conspired to support, recruit, and coordinate a terrorist cell, consisting of men and women from Europe and the United States, to wage violent jihad in and around Europe. Among those with whom Damache conspired is Colleen R. LaRose, who was a resident of the Eastern District of Pennsylvania at the time of the acts alleged in the indictment. LaRose, aka Fatima LaRose, aka JihadJane, was sentenced to 10 years in prison for her involvement in this conspiracy.
The indictment alleges that Damache, Khalid, LaRose, and others recruited men online to wage violent jihad in South Asia and Europe and recruited women who had passports and the ability to travel to and around Europe in support of violent jihad.
As part of his guilty plea, Damache has agreed to be sentenced to a 180-month term of imprisonment and has waived his right to appeal his sentence. Damache has further agreed that upon completing his prison sentence, he will be removed from the United States and returned to Ireland or, in the alternative, Algeria.
This case was investigated by the FBI’s Joint Terrorism Task Force in Philadelphia and the FBI Field Divisions in New York, Denver, Baltimore and Washington, D.C., and the IRS. The Justice Department’s Office of International Affairs and authorities in Spain provided substantial assistance. Authorities in Ireland also provided assistance in this matter.
The case is being prosecuted by First Assistant U.S. Attorney Jennifer Arbittier Williams and Assistant U.S. Attorney Sarah M. Wolfe of the Eastern District of Pennsylvania, and Trial Attorneys Matthew F. Blue and C. Alexandria Bogle of the National Security Division’s Counterterrorism Section.