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Friday 6 October 2017
Massachusetts Man Arrested and Charged with Cyberstalking Former RoommateRead the Press Release
A Massachusetts man was arrested last night on charges that he conducted an extensive cyberstalking campaign against his former roommate, a 24-year-old woman who was residing in Massachusetts at the time the conduct began, as well as her friends, family members, and other associates. Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney William D. Weinreb for the District of Massachusetts, Special Agent in Charge Harold H. Shaw of the FBI’s Boston Field Office and Waltham Police Chief Keith MacPherson made the announcement today.
Ryan S. Lin, 24, of Newton, Massachusetts, was charged with one count of cyberstalking and will appear in U.S. District Court in Boston later today for an initial appearance.
“Those who think they can use the Internet to terrorize people and hide behind the anonymity of the net and outwit law enforcement should think again,” said Acting Assistant Attorney General Blanco. “The Department of Justice will be relentless in its efforts to identify, arrest, prosecute, and punish the perpetrators of these horrendous acts and seek justice on behalf of their victims.”
“Mr. Lin allegedly carried out a relentless cyber stalking campaign against a young woman in a chilling effort to violate her privacy and threaten those around her,” said Acting U.S. Attorney Weinreb. “While using anonymizing services and other online tools to avoid attribution, Mr. Lin harassed the victim, her family, friends, co-workers and roommates, and then targeted local schools and institutions in her community. Mr. Lin will now face the consequences of his crimes.”
“As alleged, Mr. Lin orchestrated an extensive, multi-faceted campaign of computer hacking and online harassment that caused a huge amount of angst, alarm, and unnecessary expenditure of limited law enforcement resources,” said FBI Special Agent in Charge Shaw. “This kind of behavior is not a prank, and it isn’t harmless. He allegedly scared innocent people, and disrupted their daily lives, because he was blinded by his obsession. No one should feel unsafe in their own home, school, or workplace, and the FBI and our law enforcement partners hope today’s arrest will deter others from engaging in similar criminal conduct.”
“I want to thank the Waltham Police detectives and the FBI investigators who worked so diligently to bring this party to justice,” said Chief MacPherson. “I also want to thank the superintendent and the Waltham School Department for their efforts working in conjunction with law enforcement. I also want to recognize the Waltham Police Department safety officer and the school resource officers for their hard work ensuring the safety of our school children and faculty. This has been a lengthy and complex investigation involving many agencies and remains ongoing. We appreciate the patience and understanding of those in our community who were affected by these criminal acts and thank those who have allowed us to work towards the best result possible in our attempts to put an end to these disruptions.”
It is alleged that Lin engaged in an extensive, multi-faceted campaign of computer hacking and cyberstalking—that began in April 2016 and continued until the date of his arrest—against a 24-year-old female victim, her family, friends, and institutions associated with her. Lin, the victim’s former roommate, directly or indirectly, allegedly hacked into the victim’s electronic devices and online accounts, stealing private photographs, personally identifiable information, and private journal entries that contained highly sensitive details about her medical, psychological, and sexual history. It is alleged that Lin, directly or indirectly, then distributed the victim’s private photographs and journal entries to hundreds of others.
It is further alleged that Lin, directly or indirectly, created and posted fraudulent online profiles in the victim’s name (with her photographs and home address) and solicited rape fantasies, including “gang bang” and other sexual activities, which in turn caused men, who the victim did not know, to show up at her home in search of sexual activity. In addition, it is alleged that Lin, directly or indirectly, falsely and repeatedly reported to law enforcement that there were bombs at the victim’s Waltham residence. Lin, directly or indirectly, also allegedly created a false social media profile in the name of the victim’s roommate in Waltham and posted that he was going to “shoot up” a school in a nearby town. These threats were part of a larger pattern of threats to local schools and other institutions in her community.
The charges contained in a complaint are merely accusations, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The Middlesex County District Attorney’s Office and the Watertown, Newton, and Wellesley police departments contributed to the investigation. Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Amy Harman Burkart of the District of Massachusetts are prosecuting the case.
Lower Brule Man Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Tristan Johnson, age 19, was indicted on September 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 4, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody 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 July 29, 2017, Johnson forcibly assaulted, resisted, opposed, impeded, intimidated and interfered with a Correctional Officer from the Bureau of Indian Affairs, while said officer was engaged in the performance of his official duties. Said conduct involved physical contact with the correctional officer.
The charge is merely an accusation and Johnson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Johnson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Local Man Sentenced to 90 Months Imprisonment for Possession of Child PornographyRead the Press Release
Memphis, TN – A local man has been sentenced to 90 months in federal prison for possession of child pornography. D. Michael Dunavant, United States Attorney for the Western District of Tennessee, announced the sentence today.
In late 2014, the Department of Homeland Security’s cyber investigative unit was conducting an investigation into a photo-sharing website that had become a popular place for the exchange of child pornography. Law enforcement identified a user of the website who had logged in from an IP address assigned to Jeffrey William Massey, 27, of Cordova, TN. The user had posted albums on the website containing pornographic images of minors.
On December 4, 2014, agents executed a search warrant at Massey’s residence. Massey agreed to talk to agents and admitted to obtaining child pornography online and to posting on the website under investigation. He also used websites and his email account to chat with others about and exchange child pornography.
During the search, agents seized numerous electronic and digital media storage devices. Forensic examination revealed approximately 250 images and 16 videos constituting child pornography. Review of Massey’s email account revealed chats about trading pornographic images of adults and minors, and evidence that child pornography had been sent from his email account on at least one occasion. His email account also contained communications from the website under investigation.
On October 5, 2017, the Honorable John T. Fowlkes Jr., sentenced Massey to 90 months’ imprisonment and 5 years’ supervised release to begin after his incarceration. He was also ordered to pay $13,000 in restitution.
This case was brought 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 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 www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc/resources and click on the tab "resources."
Assistant U.S. Attorney Kasey A. Weiland prosecuted this case on the government’s behalf.
Little Rock Man Pleads Guilty to Attempted Enticement of a Minor to Engage in Sex ActsRead the Press Release
LITTLE ROCK—Patrick C. Harris, Acting United States Attorney for the Eastern District of Arkansas, and Homeland Security Investigations Special Agent in Charge Raymond R. Parmer, Jr., announced today the guilty plea of David Frazier, 56, of Little Rock, to attempted enticement of a minor to engage in sex acts.
Frazier entered his guilty plea today in front of United States District Judge Kristine G. Baker, and remains in custody. His sentencing will be set at a later date.
On June 6, 2017, the Arkansas State Police received a complaint from a person who answered a Craigslist advertisement titled “I know your secret.” This person had communicated with the individual who posted the ad. The individual asked the person to communicate through the KIK application and stated his username was “yplover.” During the KIK communications, “yplover” began expressing an interest in having sex with a 7-year-old. “Yplover” explained in graphic detail what he would like to do to the child. The conversation concerned the person and she reported it to law enforcement. During the conversations, “yplover” sent two images of himself. The images depicted David Frazier.
On June 21, 2017, a law enforcement officer, acting in an undercover capacity (“UC”), answered an identical ad on Craigslist titled “I know your secret.” The UC made contact with the individual—identified as Frazier—who posted the ad. Frazier asked the UC to communicate via KIK. Frazier stated that his username was “yplover.” During the communications on Craigslist and KIK, Frazier expressed a desire to have sex with a child. The UC told
Frazier that she had an 8-year-old daughter and that she wanted to watch Frazier and the 8-year-old engage in sex.
Frazier asked the UC to send a photograph of her “daughter.” The UC sent a photograph of herself as an 8-year-old. Frazier advised that he thought the UC’s “daughter” was cute and turned him on when the UC sent a picture of her. Frazier said he had thought about printing out the picture and doing a “tribute.” The UC asked Frazier to describe a “tribute.” Frazier later sent the UC a video of himself masturbating onto the picture.
Frazier continued to state in great detail the sex acts he wanted to perform on the UC’s purported 8-year-old daughter. Frazier then asked the UC what the rules would be if he were to meet the UC’s daughter. Frazier and the UC discussed items that the daughter would like as a gift. Frazier mentioned the three of them hanging out together. The UC said, “Then what would happen?” Frazier said, “Something that would let me get close to her.” Frazier continued, “Once she’s comfortable around me, she could sit on my lap while we watch a movie. Something totally innocent…Disney or something.” The UC told Frazier that she liked princess movies. Frazier then said, “We have to do something to move things further…sort of a jump start.” Frazier suggested, “Maybe let her ‘accidentally’ see some porn.” Frazier asked, “How would she react if she saw me naked lol.” Frazier suggested getting a room, and letting the UC bring her there.
Frazier was arrested by HSI agents on September 6, 2017, at his place of employment, pursuant to a warrant based on a criminal complaint charging him with attempted enticement of a minor. During a search of his office, officers located a gun safe, which was later determined to contain two computer thumb drives, a computer hard drive, a bottle of lubricant, a selfie stick, and a sexual stimulation device. A federal grand jury indicted Frazier on September 12, 2017, on one count of attempted enticement of a minor.
After reviewing Frazier’s cellular telephone and the storage devices found in the gun safe, agents discovered multiple images of child pornography. Agents also located chat messages between Frazier and an individual claiming to be a 14-year-old; in these chats Frazier asks the minor to send a sexually explicit photograph.
“As people continue to be emboldened by the perceived anonymity they believe the internet provides them, their actions become more and more despicable,” Harris said. “Frazier’s conduct is among the most egregious we have seen.”
Attempted enticement of a minor to engage in sex acts carries a statutory penalty of not less than ten years’ imprisonment, not more than life imprisonment, a $250,000 fine, and five years to life of supervised release.
“This case demonstrates the determination of our agents and our law enforcement partners to investigate and arrest those that violate our nation’s laws,” Parmer, Jr. “HSI will not stop working for the victims of these crimes and ensure we bring to justice those who would continue to attack and terrorize our children.”
The investigation was conducted by Homeland Security Investigations, the Arkansas Attorney General’s Office—Special Investigations Division, and Benton County Sheriff’s Office. The case is being prosecuted by Assistant United States Attorney Kristin Bryant.
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Justice Department Settles Immigration-Related Discrimination Claim Against California Staffing CompaniesRead the Press Release
The Justice Department announced today that it has reached a settlement with CitiStaff Solutions Inc., and CitiStaff Management Group Inc. (collectively CitiStaff), companies that provide staffing services in the greater Los Angeles, California area. The settlement resolves the department’s investigation into whether CitiStaff violated the Immigration and Nationality Act (INA) by discriminating against work-authorized immigrants when verifying their work authorization.
Based on its investigation, the department concluded that CitiStaff routinely requested that non-U.S. citizens present specific documents to prove their work authorization, such as Permanent Resident Cards or Employment Authorization Documents, but did not make similar requests for specific documents to U.S. citizens. The department’s investigation also found that CitiStaff unnecessarily required lawful permanent resident workers to prove their work authorization again when their Permanent Resident Cards expired, while not making similar requests to U.S. citizen workers when their documents expired.
All work-authorized individuals, whether U.S. citizens or non-U.S. citizens, have the right to choose which valid documentation to present to prove they are authorized to work, and employers should not reverify Permanent Resident Cards. The anti-discrimination provision of the INA prohibits employers from subjecting employees to different or unnecessary documentary demands based on employees’ citizenship, immigration status or national origin.
Under the settlement, CitiStaff will pay a civil penalty of $200,000 to the United States, train its staff on the law, and be subject to departmental monitoring and reporting requirements for three years.
“Employers must take care to avoid discrimination in the employment eligibility verification process,” said Acting Assistant Attorney General John M. Gore of the Civil Rights Division. “Companies should ensure that their practices at initial hire, and in re-verifying employees’ work authorization, comply with federal law.”
The division’s Immigrant and Employee Rights Section (IER), formerly known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices, is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites.
Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship/immigration status or national origin, or discrimination based on their citizenship/immigration status, or national origin in hiring, firing, or recruitment or referral for a fee, should contact IER’s worker hotline for assistance.
Jury Convicts Buffalo Man of Marijuana ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted Arthur Clark, 29, of Buffalo, NY, of the sole charge against him, conspiracy to possess with intent to distribute and to distribute marijuana. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorneys Laura A. Higgins and Patricia Astorga, who handled the prosecution of the case, stated that between April and September of 2015, the defendant, a courier for a commercial delivery service in Buffalo, conspired with Damarcus Hennings, Shaquata Hennings, Dashawn Abrams, Shahana Beaver and Janice Humphrey, to ship, receive, and distribute more than 50 packages containing marijuana from Denver, Colorado to Buffalo. After the marijuana was sold, the co-defendants would send the cash proceeds from their drug sales back to their marijuana source of supply in Denver. All of defendant’s co-defendants pleaded guilty prior to trial.
The verdict is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division, and the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast.
Sentencing is scheduled for January 18, 2018 at 3:00 p.m. before U.S. District Judge Elizabeth A. Wolford who presided over the trial of the case.
Houma Man Pleads Guilty to Meth ConspiracyRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that DAMIEN JACKSON, age 36, pled guilty to violations of the Federal Controlled Substances Act.
According to court documents, JACKSON was arrested in July 2016, after coordinating the mailing of over 400 grams of methamphetamine to Houma through the U.S. Postal Service.
JACKSON faces a minimum term of five years of imprisonment and a maximum term of forty years of imprisonment, a maximum fine of $5,000,000, at least four years of supervised release, and a mandatory $100 special assessment.
Acting U.S. Attorney Evans praised the work of the United States Postal Inspection Service in investigating this matter. Assistant U.S. Attorney James S. C. Baehr is in charge of the prosecution.
Honduran National Pleads Guilty to Illegal Re-EntryRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that RENE AMAYA-RAMOS, age 40, a citizen of Honduras pled guilty today to a one-count Indictment for illegal re-entry of removed alien.
According to the court documents, on December 6, 2016, AMAYA-RAMOS was found in the United States after having been deported previously on December 13, 2012.
AMAYA-RAMOS faces a maximum term of imprisonment of ten years and a fine of $250,000, or the greater of twice the gross gain to the defendant, three years supervised release after imprisonment, and a $100 special assessment. U.S. District Judge Susie Morgan set sentencing for January 3, 2018.
Acting U.S. Attorney Evans praised the work of the Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Emily K. Greenfield is in charge of the prosecution.
Ft. Lauderdale Resident Convicted of Bank Fraud and Aggravated Identity TheftRead the Press Release
A Fort Lauderdale, Florida resident was convicted by a jury of conspiracy to commit bank fraud, bank fraud, and aggravated identity theft.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and W. Howard Harrison, Chief, Plantation Police Department, made the announcement.
Teresa Thompson, 59, of Fort Lauderdale, was convicted at trial of one count of conspiracy to commit bank fraud, in violation of Title 18, United States Code, Section 1349, four counts of bank fraud, in violation of Title 18, United States Code, Section 1344, and one count of aggravated identity theft, in violation of Title 18 United States Code, Section 1028A(a)(1).
Sentencing is scheduled for December 12, 2017 before U.S. District Judge William P. Dimitrouleas. She faces a statutory maximum penalty of 30 years in prison.
The evidence at trial established that between October 24, 2016 and November 29, 2016, Thompson signed and deposited over $28,000 in stolen checks into her TD Bank account. Thompson received the checks from a co-conspirator who stole them from mailboxes in Plantation and Fort Lauderdale.
Mr. Greenberg commended the investigative efforts of the ICE-HSI and the Plantation Police Department. The case was prosecuted by Assistant United States Attorneys Joshua S. Rothstein and David Turken.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Franklin County Couple Indicted on Removing Aluminum from Railroad CarsRead the Press Release
St. Louis, MO – Jacob Brewer and Michelle Phipps were arrested today on an Indictment charging them with removing aluminum braces from railroad cars owned by Ameren UE.
According to the Indictment, between February 1 and February 22, 2017, Brewer and Phipps disabled railroad on-track equipment, by removing aluminum stabilizing braces from railroad freight cars. The braces are designed to keep the freight cars from derailing when fully loaded and moving. The railroad freight cars are owned by Ameren UE and were used to transport coal from the State of Wyoming to the State of Missouri.
Brewer, 29, Beaufort, MO, and Michelle Phipps, 27, Washington, MO, were indicted by a federal grand jury on July 19 on one felony count of violence against railroad carriers. They appeared in federal court this morning.
If convicted, Brewer and Phipps face up to 20 years’ imprisonment, a fine of $250,000 or both. Restitution to the victim is also mandatory. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the Franklin County Sheriff’s Department. Assistant United States Attorney Gil Sison is handling the case for the U.S. Attorney's Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Fort Wayne Man Sentenced to 26 Years ImprisonmentRead the Press Release
FORT WAYNE – Acting United States Attorney for the Northern District of Indiana, Clifford D. Johnson, announces that, Booker T. Sewell, age 37 of Fort Wayne, IN was sentenced, before United States District Court Chief Judge Theresa Springmann after being convicted by a jury for being a felon in possession of a firearm and maintaining a drug-involved premises.
Sewell was sentenced to 120 months imprisonment for the gun charge and 192 months imprisonment on the drug charge to run consecutively for a total of 312 months imprisonment. Sewell will also serve 2 years of supervised release and was ordered to forfeit $21,917
According to documents in this case, Sewell was distributing multiple kilograms of cocaine and pounds of marijuana from a residence in Fort Wayne.
This case was investigated by the Federal Bureau of Investigation’s Safe Streets Task Force, whose members are the FBI, the Indiana State Police, the Allen County Police Department, and the Fort Wayne Police Department. Assistance was also provided by the Bureau of Alcohol Tobacco Firearms and Explosives. The case was prosecuted by Assistant United State Attorney Anthony W. Geller.
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Fort Edward Man Sentenced for Receipt of Child PornographyRead the Press Release
ALBANY, NEW YORK – Michael R. Bush, age 49, of Fort Edward, New York, was sentenced today to 121 months in prison following his guilty plea to receiving child pornography.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
As part of his guilty plea, Bush admitted that in October 2016 he used his phone to download from the Internet over 20 image files containing child pornography. The images depicted sexual abuse of children as young as 3 years old.
In sentencing Bush, United States District Judge Mae A. D’Agostino told him that the children in the images he received “are victims in every conceivable sense.”
“Images of child pornography involve real children,” she said. “These are not caricatures. These are not made-up images.” Bush was also ordered to serve a lifetime term of supervised release following his prison sentence. He must also register as a sex offender.
This case was investigated by the FBI, New York State Police and the Warren County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/
Former Upstate New York Democratic Party Chair Indicted for Bribery SchemeRead the Press Release
A federal grand jury sitting in the Western District of New York returned an eight-count indictment against a former Erie County, New York Democratic party chair for bribing a New York State supreme court justice.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney James P. Kennedy Jr. for the Western District of New York made the announcement.
“Bribery of a judge strikes at the very core of our democracy,” said Acting Assistant Attorney General Blanco. “The independence of the judiciary is paramount to civilized society. Our prosecutors and law enforcement partners will pursue any and all attempts to corrupt our fundamental institutions, including the judiciary.”
“The detailed facts set forth in the indictment provide evidence not only of the charges contained therein but of the tremendous investigation conducted by agents from the Buffalo Division of the FBI together with their partners at the New York State Attorney General’s Office and the New York State Police,” said Acting U.S. Attorney Kennedy. “The indictment speaks for itself.”
G. Steven Pigeon, 56, of Buffalo, New York, was charged with one count of conspiracy to commit bribery and honest services wire fraud, three counts of honest services wire fraud, one count of federal programs bribery and three counts of violation of the Travel Act.
According to the indictment, between February 2012 and April 2013, Pigeon offered and provided things of value to former New York State Supreme Court Judge John A. Michalek, in exchange for official action. Specifically, Pigeon promised employment for a member of Michalek’s immediate family with the 2012 campaign to reelect President Barack Obama; offered to help the same family member obtain employment with the U.S. Department of State; and agreed to support Michalek’s application for appointment to the appellate division of the New York State Supreme Court, all to obtain favorable judicial decisions from Michalek and to control who Michalek would appoint to a paid court receivership.
Pigeon was arraigned this morning before U.S. Magistrate Judge Michael J. Roemer and released on conditions pending trial of this matter before the Honorable Richard J. Arcara, U.S. District Judge.
The indictment is the result of an investigation by the FBI Buffalo Field Office, under the direction of Special Agent-in-Charge Adam S. Cohen; the New York State Attorney General’s Office, under the direction of Eric T. Schneiderman; and the New York State Police, under the direction of Major Edward Kennedy. The case is being prosecuted by Deputy Chief John Keller of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Paul E. Bonanno of the Western District of New York.
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.
Former Police Officer Indicted, Arraigned on Obscenity ChargeRead the Press Release
PROVIDENCE – Matthew C. Riley, 50, of Narragansett, a former Narragansett Police Department K-9 Officer, was arraigned today in U.S. District Court in Providence on a federal grand jury indictment charging him with the transfer of obscene matter to a minor.
A plea of not guilty was entered before U.S. District Court Magistrate Judge Patricia A. Sullivan. Riley was released on unsecured bond.
The indictment, returned on Thursday and unsealed today, is announced by Acting United States Attorney Stephen G. Dambruch; Harold H. Shaw, Special Agent in Charge of the FBI Boston Division; and Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police.
According to information presented to the court, in June 2016, the parents of a juvenile female living in Nebraska reported to Nebraska State Patrol that they had information that their daughter had received sexually explicit online communications, including sexually explicit photographs, from a person who claimed to be a 29-year-old physical therapist from Boston. An investigation by Nebraska State Patrol linked the alleged communications to an Internet address at Matthew Riley’s Narragansett, Rhode Island residence and online accounts used by Riley. Among the materials allegedly retrieved by investigators was a sexually explicit photograph Riley allegedly took of himself and allegedly sent to the victim. Nebraska State Patrol provided this information to the FBI.
As a result of the information provided by the Nebraska State Patrol and additional information gathered by the FBI in Rhode Island, on May 31, 2017, a federal court authorized search of Riley’s residence, cell phones, digital storage devices, his personal vehicle and his assigned police cruiser was conducted by the FBI and Rhode Island State Police.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The transfer of obscene matter to another individual who has not attained the age of 16 years punishable by statutory penalties of up to 10 years in federal prison, 3 years supervised release and a fine of $250,000.
The case is being prosecuted by Assistant U.S. Attorney Denise M. Barton.
Acting United States Attorney Stephen G. Dambruch acknowledges and thanks the Nebraska State Patrol for their continued assistance investigating and preparing this matter for prosecution.
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Former Local Teacher Sentenced on Child Pornography ChargesRead the Press Release
HOUSTON – A 51-year-old Houston man has been ordered to prison following his convictions of receipt and possession of child pornography, announced Acting U.S. Attorney Abe Martinez. Jason Dion Johnson pleaded guilty April 20, 2017.
Today, U.S. District Judge Alfred H. Bennett took into consideration Johnson’s position as a teacher and that he had been involved in collecting child pornography for more than 18 years. He then sentenced Johnson to 204 and 120 months for the receipt and possession convictions, respectively. The sentences will run concurrently. Johnson was further ordered to pay restitution in the amount of $70,000 to four known victims and will serve 15 years of supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the Internet. He will also be ordered to register as a sex offender.
The investigation into Johnson began Dec. 6, 2015, as the FBI sought to identify persons using peer-to-peer software to traffic in child pornography. Agents soon discovered a specific computer as offering to participate in the distribution of child pornography movies. Johnson was identified as the person linked to that computer.
Law enforcement executed a search warrant May 6, 2016, at Johnson’s Houston residence, at which time investigators found a number of videos and images of prepubescent girls being sexually exploited. Additionally, agents allegedly found several unmarked VHS tapes which revealed the presence of what appeared to be a hidden camera video from a changing area within a school. On these tapes, there are young female students who are observed to be entering the camera’s field of view and removing their clothing while in the process of changing into a uniform. Agents also found a pile of girls underwear at his residence.
At the time of the investigation, Johnson was employed as a 7th grade Social Studies teacher at Beechnut Academy in Houston. However, authorities do not believe the footage was taken at that school.
Johnson will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation.
This case, prosecuted by Assistant U.S. Attorney Kimberly Ann Leo, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Former High School Teacher in Lubbock County Sentenced for Receiving Child Pornography Involving a Minor StudentRead the Press Release
LUBBOCK, Texas — A 30-year-old Lubbock, Texas, woman, Kandi F. Phillips, was sentenced this morning by Senior U.S. District Judge Sam R. Cummings to serve 97 months in federal prison, following her guilty plea in May 2017 to one count of receipt of a visual depiction of a minor engaging in sexually explicit conduct, announced U.S. Attorney John Parker of the Northern District of Texas.
Judge Cummings order Phillips to surrender to the Bureau of Prisons on November 10, 2017.
“I have no idea what makes a person - a teacher no less - think it’s okay to engage in sexually explicit communication with a minor,” said U.S. Attorney Parker. “It simply boggles the mind.”
According to documents filed in the case, between December 2016 through February 2017, Phillips was employed as a high school teacher at a public high school in Lubbock County, Texas. During her employment she began interacting online with a student at the school, and the communications turned sexual in nature. Phillips received, by way of the Internet, photographs depicting this minor engaged in sexually explicit conduct.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The case was investigated by the Frenship Independent School District Police Department, the Texas Department of Public Safety, the Lubbock Police Department, and the Federal Bureau of Investigation. Assistant U.S. Attorney Steven M. Sucsy was in charge of the prosecution.
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Former Erie County Democratic Party Chair Indicted in Bribery SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, NY - Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney James P. Kennedy Jr. announced today that a federal grand jury sitting in the Western District of New York returned an eight-count indictment against former Erie County, NY Democratic party chair G. Steven Pigeon for bribing a New York State supreme court justice.
“Bribery of a judge strikes at the very core of our democracy,” said Acting Assistant Attorney General Blanco. “The independence of the judiciary is paramount to civilized society. Our prosecutors and law enforcement partners will pursue any and all attempts to corrupt our fundamental institutions, including the judiciary.”
“The detailed facts set forth in the indictment provide evidence not only of the charges contained therein but of the tremendous investigation conducted by agents from the Buffalo Division of the FBI together with their partners at the New York State Attorney General’s Office and the New York State Police,” said Acting U.S. Attorney Kennedy. “The indictment speaks for itself.”
Pigeon, 56, of Buffalo, NY, was charged with one count of conspiracy to commit bribery and honest services wire fraud, three counts of honest services wire fraud, one count of federal programs bribery and three counts of violation of the Travel Act.
According to the indictment, between February 2012 and April 2013, Pigeon offered and provided things of value to former New York State Supreme Court Judge John A. Michalek, in exchange for official action. Specifically, Pigeon promised employment for a member of Michalek’s immediate family with the 2012 campaign to reelect President Barack Obama; offered to help the same family member obtain employment with the U.S. Department of State; and agreed to support Michalek’s application for appointment to the appellate division of the New York State Supreme Court, all to obtain favorable judicial decisions from Michalek and to control who Michalek would appoint to a paid court receivership.
Pigeon was arraigned this morning before U.S. Magistrate Judge Michael J. Roemer and released on conditions pending trial of this matter before U.S. Distrirt Judge Richard J. Arcara.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the New York State Attorney General’s Office, under the direction of Eric T. Schneiderman; and the New York State Police, under the direction of Major Edward Kennedy. The case is being prosecuted by Deputy Chief John Keller of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Paul E. Bonanno of the Western District of New York.
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.
Former CEO of Benchmark Healthcare Sentenced on Health Care Fraud ChargesRead the Press Release
St. Louis, MO – John Mac Sells, 53, of St. Peters, Missouri, was sentenced today to 41months in prison and ordered to pay $667,201.85 in restitution.
According to court documents, between 2013 and 2016, John Sells was the chief executive officer (CEO) of Benchmark Healthcare of Festus, Inc. (Benchmark), and a number of long-term care facilities in Missouri, Kentucky and Tennessee. Sells stole the funds provided by Medicaid which he was to use to provide care for elderly and disabled residents at Benchmark. Because of Sells’ diversion of funds to his own use, the residents did not receive medication, food, and needed dietary supplements. On one occasion, the residents were only given a clear bowl of broth soup and a very small cookie. Another meal consisted of 1-2 ounces of lunchmeat, half of a baked potato, and a small muffin. Neither of these meals was substantial and did not meet the nutritional needs of the residents. On some occasions, Benchmark staff had to use their own money to buy food when there was no or inadequate food at the facility.
Medical laboratory services, medical record services, and pharmacy services were also disrupted because of non-payment. Additionally, trash piled up and flies quickly infested the facility and the surrounding area in the absence of pest control services. The facility was dirty and unsafe because routine maintenance and repairs because were not performed.
While these substandard conditions existed at Benchmark, Sells used the stolen Medicaid funds to support his life style, including spending $184,889 at adult entertainment and strip clubs, $11,566 at this country club, $14,614 for pet care, and $4,513 at casinos.
Sells pled guilty in April to two counts of health care fraud and appeared today for sentencing before United States District Judge John A. Ross.
The case was investigated by the United States Department of Health and Human Services, Office of the Inspector General and the Missouri Medicaid Fraud Control Unit. Assistant United States Attorney Dorothy McMurtry is handling the case for the U.S. Attorney’s Office.
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Florida Woman Pleads Guilty to Credit Card Fraud ConspiracyRead the Press Release
Portland, Maine: Acting United States Attorney Richard W. Murphy announced that Meylisi Rueda, 22, of Miami, Florida, pleaded guilty today in U.S. District Court to conspiracy to commit access device fraud.
Court records show that between November 2015 and June 2016, the defendant and others used stolen credit and debit card numbers to purchase merchandise. In June 2016, as part of the conspiracy, the defendant and others traveled to Maine. On June 14, 2016, the defendant and co-conspirator Yaisder Herrera Gargallo purchased over $400 of merchandise at a Walgreens in Portland using a stolen card number belonging to a victim from New Gloucester, Maine. After the defendant and Herrera Gargallo made another fraudulent purchase using a different card number at another Portland Walgreens on June 15, 2016, store personnel notified the police and provided a license plate number.
On June 18, 2016, a Cumberland County Sheriff’s Office deputy stopped the vehicle in which Herrera Gargallo and two other co-conspirators, Jose Castillo Febles and Juan Carlos Febles, were traveling. The stop led to their arrest and the discovery of merchandise, numerous fraudulent credit cards, and a laptop computer. The laptop was later found to contain credit card numbers and related data, including the stolen card number the defendant and Herrera Gargallo used to make the fraudulent purchase on June 14, 2016.
Rueda faces up to five years in prison and a $250,000 fine. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. Her three co‑defendants have all pleaded guilty and await sentencing.
The case was investigated by the Cumberland County Sheriff’s Office, the Portland Police Department and the U.S. Secret Service.
First U.S.-China Law Enforcement and Cybersecurity DialogueRead the Press Release
Summary of Outcomes
On October 4, 2017, Attorney General Jefferson B. Sessions III and Acting Secretary of Homeland Security Elaine Duke, together with Chinese State Councilor and Minister of Public Security Guo Shengkun, co-chaired the first U.S.-China Law Enforcement and Cybersecurity Dialogue (LECD). The LECD is one of four dialogues agreed to by President Trump and President Xi during their first meeting in Mar-a-Lago in April 2017 and is an important forum for advancing bilateral law enforcement and cyber priorities between our two governments.
The following topics were discussed:
1) Repatriation. Both sides acknowledged the need to make continued progress in the area of repatriation of foreign nationals with final orders of removal. The United States and China committed to develop a repeatable process whereby the identities of individuals with final orders of removal are verified in a timely manner and travel documents are issued within 30 days of verification. This process should be finalized within three months following the LECD.
2) Counter-narcotics. Both sides intend to continue to enhance cooperation on narcotics control and enforcement. Such cooperation may include: exchanging intelligence and operational information on trafficking of new psychoactive substances and other synthetic drugs, opioids, and cocaine; combatting the illicit production and trafficking of fentanyl and fentanyl-related substances and precursor chemicals, with attention to applicable laws, scheduling actions, and use of express mail and consignment services; exchanging technical information on the relevant science and law; demand reduction cooperation; exchanging views on international narcotics control issues through UN-based and other multilateral forums; and sharing tracking information for packages between the two countries so as to identify individuals and criminal networks responsible for narcotics trafficking.
3) Cybercrime and Cybersecurity. Both sides will continue their implementation of the consensus reached by the Chinese and American Presidents in 2015 on U.S.-China cybersecurity cooperation, consisting of the five following points: (1) that timely responses should be provided to requests for information and assistance concerning malicious cyber activities; (2) that neither country’s government will conduct or knowingly support cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors; (3) to make common effort to further identify and promote appropriate norms of state behavior in cyberspace within the international community; (4) to maintain a high-level joint dialogue mechanism on fighting cybercrime and related issues; and (5) to enhance law enforcement communication on cyber security incidents and to mutually provide timely responses.
Both sides reiterated that all consensus and cooperative documents achieved at the three rounds of the China-U.S. High-Level Joint Dialogue on Combating Cyber Crimes and Related Issues since 2015 remain valid.
Both sides intend to improve cooperation with each other on cybercrime, including sharing cybercrime-related leads and information, and responding to Mutual Legal Assistance requests, in a timely manner, including with regard to cyber fraud (including business email compromises), hacking crimes, abuse of internet for terrorist purposes, and internet dissemination of child pornography.
Both sides will continue to cooperate on network protection, including maintaining and enhancing cybersecurity information sharing, as well as considering future efforts on cybersecurity of critical infrastructure.
Both sides intend to maintain and make full use of the established hotline mechanism for addressing urgent cybercrime and network protection issues pertaining to significant cybersecurity incidents, and to communicate in a timely way at the leadership level or working level, as needed.
4) Fugitives. Both sides will continue to cooperate to prevent each country from becoming a safe haven for fugitives and will identify viable fugitive cases for cooperation. Both sides plan to continue regular meetings and working groups to identify priority cases. Both sides commit to take actions involving fugitives only on the basis of respect for each other’ssovereignty and laws, and any violation of the above mentioned principles will be addressed in accordance with law.
While differences remain, both sides intend to make actual progress on all of the above matters, to make possible another Dialogue in 2018 to measure that progress.
Feds Charge Grand Rapids Man with Student Loan and Grant FraudRead the Press Release
Grand Jury Says Brandon Kenon Rogers Defrauded Treasury of Nearly $150,000
GRAND RAPIDS, MICHIGAN — Acting U.S. Attorney Andrew Birge announced today that a federal grand jury has returned an indictment charging Brandon Kenon Rogers, 31, of Grand Rapids, with student loan and grant fraud. The grand jury charged Rogers with defrauding the U.S. Department of Education of approximately $150,000 in a wire fraud scheme and with committing aggravated identity theft as part of the scheme. Rogers surrendered himself to U.S. Marshals today and was released on bond after appearing before U.S. Magistrate Judge Ray Kent. U.S. District Judge Paul Maloney will handle further proceedings in the case.
The indictment alleges that Rogers defrauded the U.S. Department of Education by obtaining the identity information of others and posing as those individuals while applying online for Student Loans and Pell Grants in their names. He also enrolled online in local community colleges, including Grand Rapids Community College and Kalamazoo Valley Community College, using those same identities. Rogers was awarded loans and grants and allegedly used them for his own purposes without actually attending the classes as required.
Wire fraud carries a maximum possible penalty of 20 years in prison plus other penalties. Aggravated Identity Theft carries a mandatory two-year prison term, which must be served after the completion of any other sentence.
Acting U.S. Attorney Birge advised that: "These loan and grant programs are for students who want to better themselves with an education and obviously not for those who would take advantage to simply line their pockets. My office will not tolerate schemes like what we have alleged here."
The Grand Rapids Community College Department of Public Safety, the U.S. Department of Education, Office of Inspector General, the Federal Bureau of Investigation and the Internal Revenue Service investigated this case. Prosecution of the Rogers will be handled by Timothy VerHey, Assistant United States Attorney.
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
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El Departamento de Justicia Resuelve Una Denucia de Discriminación Relacionada Con la Inmigración Contra Agencias de Empleo en CaliforniaRead the Press Release
El Departamento de Justicia anunció hoy que había llegado a un acuerdo con CitiStaff Solutions, Inc. y CitiStaff Management Group, Inc. (colectivamente, CitiStaff), empresas que ofrecen servicios de contratación y empleo en el área metropolitana de Los Ángeles, California. El acuerdo resuelve la investigación por parte del Departamento en cuanto a si CitiStaff vulneró la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) al discriminar a inmigrantes con autorización para trabajar a la hora de verificar su autorización para trabajar.
Con base en su investigación, el Departamento concluyó que CitiStaff habitualmente había solicitado a aquellos postulantes que no fueran ciudadanos estadounidenses que presentasen documentos específicos para demostrar su autorización para trabajar, tales como las tarjetas de residencia permanente o documentos de autorización para trabajar. No obstante, no pidió documentos específicos a los ciudadanos estadounidenses. Asimismo, la investigación del Departamento determinó que CitiStaff tuvo el requisito innecesario de que todo trabajador que fuera residente permanente legal demostrara nuevamente su autorización para trabajar al vencerse su tarjeta de residencia permanente, mientras que no pidió lo mismo a trabajadores que son ciudadanos de los Estados Unidos cuando sus documentos se vencieron.
Todos aquellos que disponen de autorización para trabajar, ya sean ciudadanos o no, tienen el derecho a elegir cuáles documentos válidos desean presentar para demostrar su autorización para trabajar, y los empleadores no deben reverificar las tarjetas de residencia permanente. La disposición antidiscriminatoria de la INA prohíbe que los empleadores sometan a los empleados a requisitos documentales diferentes o innecesarios con base en la ciudadanía, estatus migratorio o nacionalidad de origen del empleado.
Conforme al acuerdo, CitiStaff pagará $200,000 en sanciones civiles a los Estados Unidos, capacitará a su personal en cuanto a la ley y se someterá a la supervisión del Departamento, así como a sus requisitos de declaración, durante tres años.
Los empleadores deben procurar que eviten la discriminación durante el proceso de verificación de la elegibilidad para trabajar», declaró el Fiscal General Auxiliar en funciones, John M. Gore, de la División de Derechos Civiles. Las empresas deben asegurar que sus prácticas durante la contratación inicial, así como la reverificación de la autorización del empleado para trabajar, cumplan con las leyes federales aplicables».
La Sección para los Derechos de los Inmigrantes y Empleados (IER, por sus siglas en inglés), que anteriormente se conocía como la Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas a Inmigración, que pertenece a la División, es responsable de aplicar la disposición antidiscriminatoria de la INA. Entre otras cosas, esta ley prohíbe la discriminación por motivos de estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; la discriminación en el proceso de verificación de la elegibilidad para trabajar; las represalias y la intimidación.
Para más información sobre protecciones contra la discriminación en el empleo en virtud de las leyes migratorias, llame a la línea directa de la IER para trabajadores al 1‑800‑255-7688 (1‑800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); matricúlese para un seminario en línea gratuito; mande un correo electrónico a [email protected] o visite la página web de la IER en inglés o español.
Aquellos postulantes o empleados que creen haber sido sometidos a otros requisitos documentales por motivos de su estatus migratorio, ciudadanía o nacionalidad de origen, o a la discriminación por motivos de su estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión deben llamar a la línea directa de la IER para trabajadores para pedir ayuda.
Dublin Man Sentenced to 18 Months in Prison for Filing False Corporate Tax ReturnsRead the Press Release
OAKLAND –Shiv D. Kumar, the former president and sole shareholder of A-Paratransit Inc. (API), was sentenced today to 18 months in prison for filing false corporate tax returns with the Internal Revenue Service, announced U.S. Attorney Brian J. Stretch, Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division, and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf. The sentence was handed down by the Honorable Judge Jon S. Tigar following the entry of a plea agreement in March 2017 in which Kumar admitted underreporting more than $4.6 million in gross receipts.
According to his plea agreement, Kumar, 60, of Dublin, Calif., was the sole shareholder and president of API, a company that provided transportation services to disabled individuals. Kumar filed false corporate returns with the IRS for tax years 2009 and 2010, which underreported API’s gross receipts by $2,229,216 and $2,412,435, causing a tax loss to the United States of $1,584,055. Kumar admitted that he deposited API’s receipts into three separate bank accounts and that to conceal API’s true gross receipts, he provided his accountant with bank records from only one of the bank accounts. Kumar further acknowledged he provided his accountant with false books and records that omitted gross receipts diverted to undisclosed bank accounts. Kumar used the unreported funds for personal expenditures, including purchasing property in the area of Vallejo, Calif.
In addition to the prison term, Judge Tigar ordered Kumar to serve one year of supervised release and informed the parties that he will set a hearing in the future to determine the amount of restitution that Kumar should pay.
Assistant U.S. Attorney José A. Olivera and Trial Attorney Rebecca J. Sable of the Tax Division are prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
Defendant in Nevada Standoff Case Pleads Guilty to Conspiracy to Impede or Injure A Federal OfficerRead the Press Release
LAS VEGAS, Nev. – A defendant charged in the case involving the armed standoff in Bunkerville, Nev. pleaded guilty today in federal court, announced Acting U.S. Attorney Steven W. Myhre for the District of Nevada, Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Division, and Acting Director Michael D. Nedd for the U.S. Bureau of Land Management (BLM).
Peter T. Santilli Jr, 52, of Cincinnati, Ohio, pleaded guilty to conspiracy to impede or injure a federal officer. United States District Chief Judge Gloria M. Navarro accepted the guilty plea. Sentencing is set for Jan. 11, 2018. At the time of sentencing, Santilli faces up to six years in prison and a $250,000 fine.
Beginning on or around March 28, 2014, federal law enforcement officers from the BLM and the National Park Service were engaged in the official duties of executing federal court orders authorizing them to remove and impound Cliven Bundy’s cattle trespassing on federal public lands in and around Bunkerville.
According to admissions made in connection to his plea, Santilli admitted that he knew Cliven Bundy and his sons, Ammon, Dave, Mel, and Ryan, and others associated with them, planned to thwart, impede, and interfere with impoundment operations. He admitted that on April 9, 2014, he used his vehicle to block a convoy of BLM law enforcement officers and civilian employees as they were performing their official duties related to the impoundment. As a result, others were allowed to surround the convoy and threaten vehicle occupants by force, violence, and fear, inducing the officers to leave the place where their duties were required to be performed.
The investigation is being handled by the FBI and BLM. The case is being prosecuted by Acting U.S. Attorney Steven W. Myhre, Assistant U.S. Attorneys Nadia J. Ahmed and Daniel R. Schiess, and Special Assistant U.S. Attorney Erin M. Creegan.
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County’s Top Law Enforcers Issue Dire Warning about Fentanyl, Carfentanil as Deaths and Border Seizures SpikeRead the Press Release
Acting U.S. Attorney Alana W. Robinson talks about the risks of Fentanyl and Carfentanil.SAN DIEGO – The county’s top law enforcement officials issued a dire warning today about a dramatic surge in deaths and international trafficking activity related to Fentanyl and its even more deadly cousin, carfentanil.
While Fentanyl is 30-50 times more powerful than heroin, concern among law enforcers has intensified with the emergence of carfentanil, a drug 100 times stronger than fentanyl that is normally used as a sedative for animals like elephants. It only takes a few granules the size of grains of table salt to kill someone.
At a news conference today, officials reported a significant increase in fentanyl-related deaths in San Diego County since 2014 – which mirrors a national trend. In calendar year 2017, there have been 40 overdoses in the first nine months - more than all of 2016. And, the Medical Examiner has 11 more fentanyl cases pending confirmation, which would bring the number to 51 with three months to go. Across the country, more than 64,000 people have died as the result of an opioid overdose in 2016.
More than 75 percent of fentanyl seizures across the southwest border is coming through ports of entry in the Southern District of California from Mexico. Law enforcement officials have responded by seizing unprecedented quantities of fentanyl.
Federal seizures of fentanyl at the border in San Diego and Imperial counties have almost tripled since last year, from 19 to 54. The year before that, in 2015, there were only six seizures. That’s a 700 percent increase in two years.
Federal authorities, led by U.S. Customs and Border Protection and Homeland Security Investigations, confiscated 480 kilograms of illicit fentanyl at the border this year. That’s more than half a ton and almost double last year’s take. Just two years ago, authorities seized just 30 kilograms.
“This rapid increase in seizures and deaths tells us that we are on a very dangerous trajectory,” said Acting U.S. Attorney Alana Robinson. “There is no question that this is an epidemic with legs and it is sprinting. Every law enforcement agency in our community, whether federal, local or state, is on high alert. We will not allow San Diego and Imperial Counties to serve as a Fentanyl Gateway for the rest of the country. Nor will we allow Mexican cartels to capitalize on the opiate crisis.”
“A tiny amount of fentanyl can be lethal and today’s street buy can be tomorrow’s funeral,” District Attorney Summer Stephan said. “People buying drugs can’t be sure of what they’re really getting, making it a dangerous game of Russian roulette. Deaths due to unintentional combinations of drugs have roughly doubled in San Diego County in the last 15 years.”
“Homeland Security Investigations (HSI) San Diego Special Agents, together with our law enforcement partners, are working diligently to identify and ultimately dismantle the criminal organizations responsible for the transnational movement of these dangerous drugs,” said David Shaw, special agent in charge for HSI in San Diego. “HSI is committed to fully investigating and seeking prosecution of those individuals committing these crimes, in order to keep our communities safe and clear of these dangerous drugs.”
“Fentanyl is a dangerous substance, and we are not only concerned with keeping it out of our communities but also for the safety of our officers when they come into contact with it,” said San Diego CBP Director of Field Operations, Pete Flores. “We are grateful for the collaborative efforts of our law enforcement partners to deliver consequences to those that smuggle fentanyl and for working to get this off of our streets.”
“Fentanyl is 30 to 50 times more potent than heroin which makes it one of the most deadly drugs on our streets today,” said San Diego Police Chief Shelley Zimmerman. “That is why we must get the word out to everyone. This is about saving lives and educating our community about the dangers of illegally using Fentanyl.”
“DEA is attacking the opioid crisis on two levels: arresting the people who are responsible for trafficking these deadly substances; and educating the public about the dangers of opioid abuse,” says DEA San Diego Special Agent in Charge William R. Sherman. “This year, DEA has spoken at over 60 elementary, middle, high schools, and colleges in San Diego County and Imperial Counties reaching over 17,000 students, along with parent and community groups, and countless national and local media outlets to discuss the dangers of opioid abuse. DEA will continue its diligence in making our residents aware of the deadly danger these drugs pose.”
“Our collaborative efforts, through taskforces, sharing resources and intel, and leveraging expertise, are having an impact in neighborhoods across the country. There is a great deal yet to accomplish, as our nation struggles with this epidemic,” said Nichole Cooper, Inspector in Charge, Los Angeles Division, U.S. Postal Inspection Service. “Whether these illegal substances are sourced by smuggling, commercial shippers or the mail, the United States Postal Inspection is committed to working on behalf of American citizens, alongside our partners, to help safeguard communities and bring offenders to justice. We will continue to work with our law enforcement partners to get dangerous individuals and drugs off our streets.”
“The Sheriff's Department is committed to collaborating with our local, state and federal law enforcement partners to address the national opioid epidemic,” said Sheriff’ Bill Gore. “By working together, law enforcement and our community partners can create new and effective solutions to save lives and stop this devastating crisis.”
“The opioid crisis gripping our nation has become far-reaching and widespread, touching every corner of the United States, including the greater San Diego area,” stated IRS Criminal Investigation’s Special Agent in Charge R. Damon Rowe. “IRS Criminal Investigation will not stand still while deadly synthetic drugs like fentanyl are sold on the streets, literally destroying our communities. By fighting this epidemic, we are saving lives and sending a clear message that those who seek to profit by peddling poison will be put out of business and brought to justice.”
Here are a few more trends:
-Fentanyl trafficking is a very lucrative business. One kilogram of fentanyl costs about $32,000 and can be used to create a million counterfeit pills for a profit of more than $20 million.
-Users are ordering up fentanyl from the so-called “Dark Web” like they would order something from Amazon. The drug is being purchased online from China and sent directly to customers by mail or express delivery service in the U.S.
-Fentanyl is turning up in counterfeit oxycodone pills – agents in this district have seized over 20,000 counterfeit oxycodone pills containing fentanyl in 2017, protecting Southern California from Mexican cartels seeking to capitalize on the opiate crisis.
In one case this year, a Medical Examiner analyst studied a counterfeit Oxycontin 40 milligram pill found at the scene of an overdose; he literally found 20 different ingredients contained in the pill, including fentanyl.
“You may think you’re buying Oxy on the streets or from the web, but there’s no way to know what’s inside that pill,” said U.S. Attorney Robinson. “With every pill you purchase illicitly on the streets or through the web, and consume, you are gambling with your life. With every pill, you are making a potentially life-changing decision. Because if you end up with a tainted dose, you are done. You leave children behind, your parents behind, your spouses behind.”
The law enforcement community has taken this problem very seriously and developed a multi-level strategy that involves a number of approaches from different disciplines.
-The U.S. Attorney’s Office and its partners created a local Fentanyl Working Group in April. This is a multi-dimensional group that includes local, state and federal investigative agencies, toxicologists, the Medical Examiner’s Office, DEA Lab Chemists, first responders, plus local, county and federal prosecutors. This synergistic multi-disciplinary collaboration is a significant step in working together to promote streamlined investigations.
The Fentanyl Working Group held an educational Fentanyl Forum on June 14 where more than 260 local and federal law enforcement officers learned about the dangers of encountering fentanyl in the field; the local smuggling trends from Mexico and China to the U.S.; parcel interdiction cases, prosecution of overdose cases in state and federal courts; and prosecution collaboration with our office and that of the District Attorney. A second Fentanyl Forum is scheduled on November 28, 2017.
The Fentanyl Working Group is also committed to arming the community and first responders with the important information they need to stay safe. Last week, for example, our office educated East County staff who work with Drug Endangered Children on fentanyl dangers, the importance of Naloxone, and available county resources.
The U.S. Attorney’s Office and District Attorney’s Office are working closely with the Medical Examiner’s Office on overdose cases involving fentanyl or carfentanil to trace the origin of these deadly substances and build possible murder cases against suppliers. The Working Group is advising law enforcement officers who respond to overdose cases to carry Naloxone and to investigate these situations as possible murder cases.
People who need help with mental health including alcohol or drug abuse, suicide prevention, medication needs, and more can call the San Diego County Crisis line at 888-724-7240. It’s open seven days a week, 24 hours a day.
The following public officials are attending today’s press conference and are available for one-on-one interviews at the event’s conclusion:
Acting U.S. Attorney Alana Robinson
San Diego County District Attorney Summer Stephan
Homeland Security Investigations Special Agent in Charge David Shaw
Pete Flores, Director of Field Operations, San Diego, U.S. Customs and Border Protection
San Diego Police Chief Shelley Zimmerman
San Diego County Sheriff’s Commander Dave Moss
Acting Assistant Special Agent in Charge Adam Steiner, IRS Criminal Investigation
DEA Lab Director James Malone
Steven Campman, Chief Deputy Medical Examiner, San Diego County Department of the Medical Examiner
Assistant Inspector in Charge Eric Shen, US Postal Inspection Service
Postal Inspector Mark Hallisey, San Diego Field Office
Fentanyl Powerpoint PresentationChicago New Birth Christian Center Pastor Sentenced for Summer Food Program FraudRead the Press Release
SPRINGFIELD, Ill. – Appearing before U.S. District Judge Sue E. Myerscough today, Robbie Wilkerson, the founding pastor of New Birth Christian Center, a non-denominational church in Chicago, was ordered to serve 37 months in prison for defrauding a summer food program for low-income children. Wilkerson, 50, of Oak Park, Ill., was also ordered to pay restitution in the amount of $440,964. Wilkerson’s wife, Tasha, 45, was also sentenced today, to a term of 12 months and one day in prison. She was ordered to pay $40,001 in restitution jointly and severally with her husband. On May 30, 2017, Robbie Wilkerson pled guilty to wire fraud and money laundering;
The business administrator for the 2010 summer food program, Anthony Hall, 55, a NBCC pastor, of Downers Grove, Ill., was sentenced on Sept. 22, to serve five years of federal probation, including 10 months of home confinement. Hall was also ordered to pay $40,001 in restitution, jointly and severally with Robbie Wilkerson.
Richard Shumate, 52, program operations manager for the 2010 program; and his wife Evelyn Shumate, 49, who worked as an assistant for the program, of Romeoville, Ill., were each sentenced on Sept. 15. Both were ordered to serve five months in the custody of the federal Bureau of Prisons followed by five months of home confinement. The couple was also ordered to pay $49,964 in restitution, jointly and severally with Robbie Wilkerson.
Tasha Wilkerson, Hall, Richard, and Evelyn Shumate each entered pleas of guilty in May 2017, to one count of theft of government funds.
The Summer Food Service Program provides nutritious meals to low-income children during the summer months when schools are not in session. In Illinois, the State Board of Education (ISBE) administers the program funding which is provided by the Food and Nutrition Service, an agency of the U.S. Department of Agriculture.
The New Birth Christian Center operated the food program in 2008, 2009 and 2010, and was one of the largest recipients of Summer Program funds in Illinois. For the 2010 program year, Robbie Wilkerson, on behalf of NBCC, submitted a total operational budget to the ISBE of $446,440, including $250,000 for food and $26,400 for administrative costs. The budget represented that NBCC would administer the summer program at 34 sites in the Chicago area.
Instead, as he admitted in court, Wilkerson admitted that he submitted or caused to be submitted, approximately $714,000 in false and fraudulent claims to ISBE, more than $250,000 above the budgeted amount. The submitted claims represented that approximately 267,000 meals were served to low-income children, when in fact, fewer than 100,000 meals were actually served, and as much as $450,000 was used for personal expenses by Wilkerson and his wife.
Robbie and Tasha Wilkerson admitted that they embezzled more than $100,000 from the program, including more than $60,000 in direct payments to themselves, at the same time Tasha was paid as an employee of Youth Outreach Services, Chicago, as a prevention coordinator. In addition, more than $10,000 was given directly to relatives; $20,000 in cash and other withdrawals from NBCC’s bank account; $46,000 to purchase real estate in Chicago; and, $37,109 to purchase a residence in Memphis Tenn., for Robbie Wilkerson’s parents.
Hall admitted that he embezzled as much as approximately $50,800 in USDA funds for his and his spouse’s use, an amount that exceeded the projected total administrative costs for the summer program by more than $20,000.
Richard and Evelyn Shumate admitted embezzling between $40,0001 and $$95,000 in USDA funds for their personal use, including as much as $28,695 to purchase a 2011 Hyundai Sonata.
Assistant U.S. Attorney Timothy A. Bass prosecuted the case on behalf of the U.S. Attorney’s Office for the Central District of Illinois. The charges are the result of investigation by the U.S. Department of Agriculture, Office of Inspector General. The Illinois State Board of Education also assisted in the investigation.
Charges Unsealed Against Three Men for Plotting to Carry out Terrorist Attacks in New York City for ISIS in the Summer of 2016Read the Press Release
Acting Assistant Attorney General for National Security Dana J. Boente, Acting U.S. Attorney Joon H. Kim for the Southern District of New York, Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office, Assistant Director in Charge Danny Kennedy of the FBI’s Los Angeles Field Office, Special Agent in Charge Calvin A. Shivers of the FBI’s Denver Field Office and Commissioner James P. O’Neill of the NYPD, announced the Court’s unsealing of federal terrorism charges against three men alleged to have plotted attacks on New York City during the summer of 2016 in support of the Islamic State of Iraq and al-Sham (ISIS), which were thwarted by law enforcement. All three men have been arrested, and one has pleaded guilty.
The defendants are: Abdulrahman El Bahnasawy, a 19-year-old Canadian citizen; Talha Haroon, a 19-year-old U.S. citizen residing in Pakistan; and Russell Salic, a 37-year-old Philippine citizen. Communicating through Internet messaging applications, these three men allegedly plotted to conduct bombings and shootings in heavily populated areas of New York City during the Islamic holy month of Ramadhan in 2016, all in the name of ISIS (the NYC Attacks). El Bahnasawy purchased bomb-making materials and helped secure a cabin within driving distance of New York City to use for building the explosive devices and staging the NYC Attacks. Haroon allegedly made plans to travel from Pakistan to New York City to join El Bahnasawy in carrying out the attacks, and traveled within Pakistan to meet with explosives experts in furtherance of the plot. And as El Bahnasawy and Haroon prepared to execute the NYC Attacks, Salic allegedly wired money from the Philippines to the United States to help fund the terrorist operation.
- The planned attacks included detonating bombs in Times Square and the New York City subway system and shooting civilians at specific concert venues.
- Law enforcement – the FBI and the NYPD – successfully thwarted this terrorist plot. An undercover FBI agent (the UC) convinced the defendants that the UC was an ISIS supporter prepared to carry out the attacks with them.
- El Bahnasawy, who has been in custody since he was arrested by the FBI in May 2016, pleaded guilty to terrorism offenses and is awaiting sentencing.
- Haroon and Salic have been arrested in foreign countries by foreign authorities in connection with these charges and it is the hope and expectation of this Office and U.S. law enforcement that they will be extradited to the United States to face justice in a United States court.
On May 21, 2016, El Bahnasawy was arrested in New Jersey, after traveling to the United States from Canada in preparation for carrying out the NYC Attacks. Haroon was arrested in Pakistan in or about September 2016, and Salic was arrested in the Philippines in or about April 2017. El Bahnasawy pleaded guilty on Oct. 13, 2016, to a seven-count Superseding Information before U.S. District Judge Richard M. Berman. Today, the Court unsealed the Superseding Information and El Bahnasawy’s guilty plea, as well as the Complaint and Indictment previously filed against El Bahnasawy.[1] The Court also unsealed today the five-count Complaint charging Talha Haroon (the Haroon Complaint), and the seven-count Complaint charging Russell Salic (the Salic Complaint), based on their alleged participation with EL Bahnasawy in the plot to carry out the NYC Attacks.
According to the allegations in the Haroon Complaint and the Salic Complaint[2]; the Complaint, Indictment, and Superseding Information filed against El Bahnasawy; and the transcript of El Bahnasawy’s guilty plea[3]:
In the spring of 2016, El Bahnasawy and Haroon were plotting to carry out terrorist attacks in New York City in support of ISIS during the Islamic holy month of Ramadhan (which ran from approximately June 5 to July 5 in 2016). In the course of their preparations, El Bahnasawy and Haroon communicated, via electronic messaging applications accessible on cellphones, with a certain individual posing as an ISIS supporter who was, unbeknownst to them, the UC.
El Bahnasawy and Haroon declared their allegiance to ISIS in electronic communications with the UC, and expressed their intention of carrying out Paris- and Brussels-like terrorist attacks on behalf of ISIS in New York City. El Bahnasawy explained to the UC that he was in contact with an ISIS affiliate about obtaining official sanction of the planned attacks by the Khorasan Province, a branch of ISIS active in Pakistan. Haroon, who was based in Pakistan and was introduced to the UC by El Bahnasawy, informed the UC that he was in contact with ISIS associates within the Khorasan Province, and that “khurasan dawla [ISIS] has o[u]r back.” El Bahnasawy stated to the UC that “[t]hese Americans need an attack,” that he aspired to “create the next 9/11,” and that he planned to “com[e] to new York at around may 22” from Canada. Haroon stated that he intended to fly from Pakistan to New York City to carry out the NYC Attacks with El Bahnasawy, and hoped to “cause great destruction to the filthy kuffars[4] by our hands.”[5]
El Bahnasawy and Haroon identified multiple locations and events in and around New York City as targets of the planned attacks, including the New York City subway system, Times Square, and certain concert venues. For example, on May 1, 2016, El Bahnasawy sent the UC multiple images of maps of the New York City subway system containing markings that depicted plans for attacking the subway system, including by identifying the subway lines in which explosives would be detonated as part of the NYC Attacks. On May 12, 2016, El Bahnasawy sent the UC an image of Times Square and stated: “[W]e seriously need a car bomb at times square. . Look at these crowds of people!” That same day, El Bahnasawy also expressed his desire to “shoot up concerts cuz they kill a lot of people.” El Bahnasawy described the plan to attack concerts as follows: “[W]e just walk in with guns in our hands. That’s how the Paris guys did it.”
On May 5, 2016, Haroon expressed to the UC that the subway was a “perfect” target, that they should shoot as many passengers on the train as possible, including “women or kids,” and that “when we run out of bullets we let the vests go off.” That same day, Haroon discussed with the UC the necessary supplies for making explosive devices for use in the NYC Attacks. On May 9, 2016, Haroon stated to the UC: “NY Needs to fall. It’s a must.”
During May 2016, El Bahnasawy, while in Canada, purchased an array of bomb-making materials for use in the NYC Attacks, including approximately 40 pounds of hydrogen peroxide (the “Hydrogen Peroxide”) – which is a primary ingredient in TATP (triacetone triperoxide), a powerful explosive commonly used in improvised explosive devices. El Bahnasawy also purchased, among other things, batteries, Christmas lights, thermometers, and aluminum foil for use in constructing explosive devices to carry out the NYC Attacks.
Meanwhile, in Pakistan, based on Haroon’s communications with the UC, Haroon traveled to a certain city to meet with an explosives expert for the purpose of obtaining additional information to be used in building bombs for the planned NYC Attacks. Haroon advised that they would need “perming cords” (i.e., detonator cords) for constructing the improvised explosive devices, and conveyed his expectation that El Bahnasawy was acquiring “all that’s needed.” Haroon repeatedly expressed his commitment to travel to New York City as soon as feasible to carry out the planned attacks in support of ISIS, and described the steps that he had taken to renew the necessary travel documents to enable him to exit Pakistan and travel to the United States for the purpose of carrying out the NYC Attacks.
In early May 2016, El Bahnasawy informed the UC that El Bahnasawy had been communicating with Salic – who was known to El Bahnasawy as “Abu Khalid” and “the doctor” – about providing additional funding for the NYC Attacks. EL Bahnasawy further informed the UC that Salic was a trusted ISIS supporter who had provided funding in support of ISIS on prior occasions. El Bahnasawy advised that Salic would send approximately $500 to help fund the NYC Attacks, and that the money sent by Salic would be used to acquire additional ammunition and bomb-making materials for carrying out the attacks. El Bahnasawy informed the UC that he had sent the UC’s account information to Salic so that Salic could transfer money to the United States in support of the NYC Attacks, and El Bahnasawy provided the UC with Salic’s contact information on an electronic messaging application, to enable Salic to execute the planned money transfer.
Shortly thereafter, Salic, using the alias Abu Khalid, began messaging with the UC. Salic informed the UC that he had been in contact with El Bahnasawy, and that Salic was prepared to transfer money to the United States to help fund the NYC Attacks. Salic, who allegedly maintained an active pro-ISIS social media presence, also conveyed that he had previously sent money to multiple other countries in support of ISIS, and expressed his allegiance to ISIS. For example, on May 9, 2016, Salic informed the UC that he was “desperate” to travel to Syria to join ISIS. Salic also expressed his belief that he could safely send money to support the NYC Attacks from the Philippines, where he claimed to be at the time, without attracting law enforcement scrutiny, stating: “[I]ts not strict here. Unli[k]e in Aus [Australia] or Uk [the United Kingdom] even liking FB [Facebook] status will put[] u in jail . . . Terrorists from all over the world usually come here as a breeding ground for terrorists . . . hahahaha . . . But no worry here in Philippines. They dont care bout IS [ISIS]..loll[.] Only in west.”
On May 11, 2016, Salic sent approximately $423 from the Philippines to the UC to help fund the planned NYC Attacks. Salic also informed the UC that he intended to continue sending additional money in support of ISIS in the future, stating: “In Sha Allah once we have the blessings again we will distribute again.”
As described above, El Bahnasawy acquired an array of bomb-making materials for use in carrying out the NYC Attacks. In mid-May 2016, El Bahnasawy shipped those bomb-making materials, including the Hydrogen Peroxide, to the UC in the United States. El Bahnasawy planned to build the explosive devices and prepare for the NYC Attacks with Haroon and the UC at a rural cabin within driving distance of New York City. EL Bahnasawy helped to secure such a cabin for a period beginning in late May 2016, when he planned to arrive in the New York City area. El Bahnasawy informed the UC that the cabin would need to contain a refrigerator for purposes of making the explosives, and that El Bahnasawy wanted to “practise shooting” at the cabin site if it was not “too close to people.”
On May 12, 2016, when the UC sent Salic a photograph of the Hydrogen Peroxide that El Bahnasawy had purchased for use in the NYC Attacks, Salic reiterated his support for the planned attacks, and Salic also conveyed that if he was unable to travel to Syria to join ISIS, he might carry out an attack himself. During subsequent communications with the UC, Salic described New York City as “the capital of Kufr [Kuffar],” and stated that “[i]t would be a great pleasure if we can slaughter” people in New York City. Salic further conveyed to the UC that he would be praying to Allah for the success of the operation when the planned attacks were imminent.
On May 20, 2016, Haroon conveyed to the UC that Times Square was “a perfect spot to hit them,” and suggested that the plan could include “[d]rive by or we surround the whole street and trap them and kill as many as possible.” In the course of his communications with the UC, Haroon also stated: “I wanna kill . . . them in thousands”; and “we have to make a ocean out of their blood[.] Leave no one standing.” Haroon reiterated his intention of traveling to New York City, and discussed attempting to execute the attacks as soon as Memorial Day (i.e., May 30, 2016), stating that “that’s a day that will change history” and that the attacks “will scar them for life knowing the soldiers of Allah are everywhere and ready.”
On May 21, 2016, El Bahnasawy traveled from Canada to the New York City area, in preparation for staging and ultimately carrying out the NYC Attacks with Haroon. In coordination with Canadian law enforcement, U.S. law enforcement closely monitored El Bahnasawy’s travel to the United States on May 21, 2016, and El Bahnasawy was arrested by the FBI that night in Cranford, New Jersey. Haroon was subsequently arrested in Pakistan based on the charges in the Haroon Complaint, and Salic was subsequently arrested in the Philippines based on the charges in the Salic Complaint.
* * *
The chart below reflects: (i) the charges in the Superseding Information to which El Bahnasawy, 19, of Mississauga, Canada, pled guilty; (ii) the charges in the Haroon Complaint filed against Haroon, 19, a U.S. citizen residing in Pakistan; and (iii) the charges in the Salic Complaint filed against Salic, 37, of the Philippines.
CHARGE
STATUTE
DEFENDANTS CHARGED (COUNT)
MAXIMUM PENALTY
Conspiracy to use weapons of mass destruction
18 U.S.C. § 2332a
El Bahnasawy (1)
Haroon (1)
Salic (1)
Life in prison
Conspiracy to commit acts of terrorism transcending national boundaries
18 U.S.C. § 2332b
El Bahnasawy (2)
Haroon (2)
Salic (2)
Life in prison
Conspiracy to bomb a place of public use and public transportation system
18 U.S.C. § 2332f
El Bahnasawy (3)
Haroon (3)
Salic (3)
Life in prison
Conspiracy to provide material support and resources to terrorists
18 U.S.C. § 2339A
El Bahnasawy (4)
Haroon (4)
Salic (4)
15 years in prison
Attempted provision and provision of material support and resources to terrorists
18 U.S.C. § 2339A
El Bahnasawy (5)
Salic (5)
15 years in prison
Conspiracy to provide material support and resources to a designated foreign terrorist organization, i.e., ISIS
18 U.S.C. § 2339B
El Bahnasawy (6)
Haroon (5)
Salic (6)
20 years in prison
Attempted provision and provision of material support and resources to a designated foreign terrorist organization, i.e., ISIS
18 U.S.C. § 2339B
El Bahnasawy (7)
Salic (7)
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 defendants will be determined by a judge. The charges contained in the Haroon Complaint and the Salic Complaint are merely accusations, and Haroon and Salic are presumed innocent unless and until proven guilty.
As noted above, El Bahnasawy was arrested in New Jersey on May 21, 2016, and has remained in custody since that date. On Oct. 13, 2016, El Bahnasawy pled guilty to the seven-count Superseding Information. El Bahnasawy is scheduled to be sentenced on Dec. 12. Haroon was arrested in September 2016 in Pakistan in connection with the charges in the Haroon Complaint, and proceedings for his extradition to the United States are currently pending in Pakistan. Salic was arrested in April 2017 in the Philippines in connection with the charges in the Salic Complaint, and proceedings for his extradition to the United States are currently pending in the Philippines.
Mr. Boente and Mr. Kim praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the NYPD, and the FBI’s Los Angeles and Denver Field Offices. Mr. Kim also thanked the Royal Canadian Mounted Police, the FBI’s Cleveland Field Office, the FBI’s Legal Attaché Offices in Canada, Pakistan, and the Philippines, the New York State Police, the Department of Justice’s Office of International Affairs, the Counterterrorism Section of the Department of Justice’s National Security Division, and the U.S. Attorney’s Office for the Central District of California for their assistance.
Assistant U.S. Attorneys George D. Turner and Negar Tekeei of the Southern District of New York are in charge of the prosecution, with assistance from Trial Attorneys Joshua Champagne and Larry Schneider of the National Security Division’s Counterterrorism Section.
[1] Certain portions of the transcript of El Bahnasawy’s guilty plea remain sealed pursuant to judicial order. Those portions have been redacted from the version of the transcript unsealed today.
[2] As the introductory phrase signifies, the entirety of the texts of the Haroon Complaint and the Salic Complaint, and the descriptions of the allegations against Haroon and Salic in those charging documents set forth herein, constitute only allegations, and should be treated as allegations. El Bahnasawy has pled guilty, so as to him, the descriptions are not merely allegations.
[3] The Complaint, Indictment, and Superseding Information filed against El Bahnasawy refer to Haroon as “CC-1” and to SALIC as “CC-2.” The Haroon Complaint refers to El Bahnasawy as “CC-1” and to SALIC as “CC-2.” The Salic Complaint refers to El Bahnasawy as “CC-1” and to Haroon as “CC-2.”
[4] “Kuffar” generally means “disbelievers.”
[5] Unless otherwise indicated, the communications quoted herein have not been altered to correct for grammatical, spelling, or other errors that exist in the original communications.
California Man Sentenced to Prison for Filing False Corporate ReturnRead the Press Release
A Dublin, California man was sentenced to prison today in U.S. District Court in the Northern District of California for filing a false tax return, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Brian Stretch for the Northern District of California.
Shiv D. Kumar, 60, was sentenced to serve 30 months in prison. According to documents filed with the court, Kumar was the sole shareholder and president of A-Paratransit Inc. (API), a company that provided transportation services to disabled individuals. Kumar filed false corporate returns with the Internal Revenue Service (IRS) for tax years 2009 and 2010, which underreported API’s gross receipts by $2,229,216 and $2,412,435, causing a tax loss of $1,584,055. Kumar deposited API’s receipts into three separate bank accounts held at different banks. To conceal API’s true income, Kumar provided his accountant with false books and records from which he had omitted gross receipts relating to two of API’s accounts. Kumar used the unreported funds for personal expenditures, including purchasing property in the Vallejo, California area.
In addition to the term of prison imposed, Kumar was also sentenced to serve one year of supervised release. Restitution will be decided at a later date. Kumar pleaded guilty in March to filing a false return.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Stretch thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney José A. Olivera and Trial Attorney Rebecca J. Sable of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Bridgeport Man Sentenced to More Than 13 Years in Federal Prison Drug and Gun OffensesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that JONATHAN BOHANNON, 28, of Bridgeport, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 160 months of imprisonment, followed by five years of supervised release, for drug trafficking and firearm possession offenses.
According to court documents and statements made in court, in January 2012, the FBI Bridgeport Safe Streets Task Force, Bridgeport Police Department and Connecticut State Police Statewide Narcotics Task Force began an investigation into narcotics trafficking and violent criminal activity in and around the Trumbull Gardens housing complex in Bridgeport. The investigation, which included court-authorized wiretaps, revealed that Ronell Hanks, also known as “Biz” and “Ace,” headed an organization that sold heroin and crack cocaine 24-hours a day, seven days a week. Hanks regularly suppled BOHANNON with cocaine, which BOHANNON then “cooked” into crack and sold it to others.
BOHANNON was arrested on December 5, 2013. At the time of his arrest, BOHANNON was in possession of more than 300 grams of cocaine, four handguns and 131 rounds of ammunition.
On December 18, 2013, a grand jury in Bridgeport returned an indictment charging Hanks, BOHANNON and 12 other individuals with a variety of narcotics and firearms trafficking offenses.
BOHANNON has been detained since his arrest. On May 11, 2017, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute at least 280 grams of cocaine base (“crack”) and 500 grams of cocaine, one count of possession with intent to distribute 280 grams or more of cocaine base, and one count of possession of firearm and ammunition by a convicted felon.
Hanks pleaded guilty and, on February 25, 2015, was sentenced to 17 years of imprisonment.
This matter was investigated by the FBI’s Bridgeport Safe Streets Task Force, in coordination with the Bridgeport Police Department, the Trumbull Police Department and the Connecticut State Police Statewide Narcotics Task Force. The Bureau of Alcohol, Tobacco, Firearms and Explosives, and the State’s Attorney for the Judicial District of Fairfield assisted this investigation and prosecution. The case was prosecuted by Assistant U.S. Attorney Rahul Kale.
Bank Robber Sentenced to 7 ½ Years in Federal PrisonRead the Press Release
BIRMINGHAM – A federal judge today sentenced a Birmingham man to more than seven years in prison for three bank robberies in 2014, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp Jr.
PATRICK DEXTER JONES, 49, pled guilty to the three bank robberies before U.S. District Court Judge Madeline H. Haikala, who then imposed the seven-year, six-month sentence.
Jones admitted to robbing a Regions Bank branch on Inverness Center Drive in Hoover on Jan. 9, 2014, a BBVA Compass Bank branch on Shades Creek Parkway in Homewood on Jan. 21, 2014, and a Wells Fargo branch on Sixth Avenue South in Birmingham on Feb. 14, 2014. Jones presented notes demanding money in the first two robberies and in the third, presented two plastic bags and instructed the teller to put cash in the bags, according to his plea.
The robber of the Compass Bank in Homewood was seen fleeing the scene in a silver Honda Civic and a tag number was recorded. Investigators identified Jones as the owner of that car, according to his plea. He was arrested in 2014.
The call for a competency hearing postponed resolution of the case, according to court records.
The FBI investigated the case, which Assistant U.S. Attorney John B. Felton prosecuted.
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Avera and U.S. Attorney’s Office Host Conference on the Opioid EpidemicRead the Press Release
Media are invited at 10:45 a.m. Wednesday, Oct. 18, at the Sioux Falls Convention Center, for a press conference. Media should register at the registration table. At the press conference, keynote speaker Dr. Stacey Hail give comments and will be available for interviews, along with Deb Fischer-Clemens and Randolph Seiler.
SIOUX FALLS – “The Opioid Epidemic: A Wicked Problem of the Worst Kind” will be held Wednesday, Oct. 18, from 8 a.m. to 5 p.m. at the Sioux Falls Convention Center in Ballrooms A and B. This event is sponsored by Avera and the U.S. Attorney’s Office of South Dakota.
“We are fortunate in South Dakota that we have not been impacted as deeply as many states by the opioid epidemic. Yet we also know that we’re seeing a tip of the iceberg of what we could possibly face in the future, so we want to be proactive in order to protect residents of our state. At this conference, we hope to raise awareness and spark discussions toward possible solutions,” said Randolph Seiler, U.S. Attorney for the District of South Dakota.
Keynote speaker will be Stacey Hail, MD, FACMT, Associate Professor of Emergency Medicine and Medical Toxicology at the University of Texas Southwestern Medical Center, and toxicologist at Parkland Hospital and North Texas Poison Center. Dr. Hail is a forensic and medical expert witness and analyzes overdose cases from all over the country.
Kim Malsam-Rysdon, Secretary for the South Dakota Department of Health, is the noon speaker. There will also be panel discussions featuring state and local experts on legal implications, medical implications, child endangerment and innovative solutions and prevention.
This is the fourth annual conference sponsored by Avera and the U.S. Attorney’s Office, along with other community sponsors, to explore issues of justice, well-being and safety in our state and region. Past topics have included human trafficking, living with disabilities and child sexual abuse
“More than 140 Americans die from a drug overdose every day—that's more than from gun homicides and car crashes combined. If nothing changes, a STAT forecast concludes that 650,000 people will die in the next 10 years – a number that represents over three-fourths of the population of South Dakota. President Donald Trump has declared the opioid crisis a national emergency, and we want to do everything we can to prevent these tragedies from impacting people within our state and region,” said Deb Fischer-Clemens, Senior Vice President for Public Policy at Avera Health.
Throughout this full-day event, the goal is to open up a larger conversation between people from all walks of life in South Dakota. Attendees represent the legal system, government, health care, education, social work, ministries and more.
A turnout of over 350 is expected. “This high level of interest demonstrates our collective need to work together to bring about real and significant efforts toward prevention,” Fischer-Clemens added.
Attorney General Sessions Issues Guidance on Federal Law Protections for Religious LibertyRead the Press Release
Attorney General Sessions today issued guidance to all administrative agencies and executive departments regarding religious liberty protections in federal law and made the following statement:
“Our freedom as citizens has always been inextricably linked with our religious freedom as a people. It has protected both the freedom to worship and the freedom not to believe. Every American has a right to believe, worship, and exercise their faith. The protections for this right, enshrined in our Constitution and laws, serve to declare and protect this important part of our heritage.
“As President Trump said, ‘Faith is deeply embedded into the history of our country, the spirit of our founding and the soul of our nation . . . [this administration] will not allow people of faith to be targeted, bullied or silenced anymore.’
“The constitutional protection of religious beliefs and the right to exercise those beliefs have served this country well, have made us one of the most tolerant countries in the world, and have also helped make us the freeist and most generous. President Trump promised that this administration would ‘lead by example on religious liberty,’ and he is delivering on that promise.”
The memorandum was issued pursuant to President Trump’s Executive Order No. 13798 (May 4, 2017), which directed the Attorney General to “issue guidance interpreting religious liberty protections in Federal law” in order “to guide all agencies in complying with relevant Federal law.”
The guidance interprets existing protections for religious liberty in Federal law, identifying 20 high-level principles that administrative agencies and executive departments can put to practical use to ensure the religious freedoms of Americans are lawfully protected. Attorney General Sessions also issued a second memorandum to the Department of Justice, directing implementation of the religious liberty guidance within the Department.
NOTE: To view the guidance click here and to view the Attorney General’s implementing memorandum click here.Addiction Treatment Centers Settle ADA ComplaintRead the Press Release
KANSAS CITY, KAN. - A Kansas-based operator of addiction treatment centers has agreed to pay $25,000 to settle allegations it violated the Americans with Disabilities Act, U.S. Attorney Tom Beall said today.
Valley Hope Association of Norton, Kan., which operates sixteen addiction treatment centers in seven states, signed the agreement with the Justice Department. The agreement resolves allegations that Valley Hope offered its residential treatment services on a less than equal basis to individuals with HIV/AIDS.
After an investigation, it was alleged that Valley Hope had a policy or practice that individuals with HIV/AIDS were required to stay in separate rooms during residential treatment unless they revealed their HIV/AIDS status to their potential roommate. Furthermore, Valley Hope had a policy or practice that prevented individuals with HIV/AIDS from engaging in certain work activities around the residential facility.
Under the agreement, Valley Hope is required to adopt measures to ensure that individuals with disabilities can fully and equally enjoy the various goods, services, facilities, and accommodations provided at Valley Hope treatment centers. Valley Hope will adopt and implement a formal non-discrimination policy that will be posted in each facility and on its website and provide mandatory annual training on title III of the ADA to Valley Hope’s employees and contractors. Under the settlement, Valley Hope will also pay $20,000.00 to the complainant and a $5,000 civil penalty.
For more information on the ADA and HIV, visit http://www.ada.gov/aids . Those interested in finding out more about these settlements or the obligations of public accommodations under the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website at www.ada.gov . ADA complaints may be filed by email to [email protected]
Acting Manhattan U.S. Attorney Announces the Court’s Unsealing of Charges Against Three Men Arrested for Participating in International Plot to Carry Out Terrorist Attacks in New York City for Isis in the Summer of 2016Read the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, Dana J. Boente, the Acting Assistant Attorney General for National Security, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), Danny Kennedy, the Acting Assistant Director-in-Charge of the Los Angeles Field Office of the FBI, Calvin A. Shivers, Special Agent-in-Charge of the Denver Field Office of the FBI, and James P. O’Neill, the Commissioner of the Police Department for the City of New York (“NYPD”), announced the Court’s unsealing of federal terrorism charges against three men alleged to have plotted attacks on New York City during the summer of 2016 in support of the Islamic State of Iraq and al-Sham (“ISIS”), which were thwarted by law enforcement. All three men have been arrested, and one has pled guilty.
The defendants are: ABDULRAHMAN EL BAHNASAWY, a 19-year-old Canadian citizen; TALHA HAROON, a 19-year-old U.S. citizen residing in Pakistan; and RUSSELL SALIC, a 37-year-old Philippine citizen. Communicating through Internet messaging applications, these three men allegedly plotted to conduct bombings and shootings in heavily populated areas of New York City during the Islamic holy month of Ramadhan in 2016, all in the name of ISIS (the “NYC Attacks”). EL BAHNASAWY purchased bomb-making materials and helped secure a cabin within driving distance of New York City to use for building the explosive devices and staging the NYC Attacks. HAROON allegedly made plans to travel from Pakistan to New York City to join EL BAHNASAWY in carrying out the attacks, and traveled within Pakistan to meet with explosives experts in furtherance of the plot. And as EL BAHNASAWY and HAROON prepared to execute the NYC Attacks, SALIC allegedly wired money from the Philippines to the United States to help fund the terrorist operation.
- The planned attacks included detonating bombs in Times Square and the New York City subway system, and shooting civilians at specific concert venues.
- Law enforcement – the FBI and the NYPD – successfully thwarted this terrorist plot. An undercover FBI agent (the “UC”) convinced the defendants that the UC was an ISIS supporter prepared to carry out the attacks with them.
- EL BAHNASAWY, who has been in custody since he was arrested by the FBI in May 2016, pled guilty to terrorism offenses and is awaiting sentencing.
- HAROON and SALIC have been arrested in foreign countries by foreign authorities in connection with these charges and it is the hope and expectation of this Office and U.S. law enforcement that they will be extradited to the United States to face justice in a United States court.
On May 21, 2016, EL BAHNASAWY was arrested in New Jersey, after traveling to the United States from Canada in preparation for carrying out the NYC Attacks. HAROON was arrested in Pakistan in or about September 2016, and SALIC was arrested in the Philippines in or about April 2017. EL BAHNASAWY pled guilty on October 13, 2016, to a seven-count Superseding Information before U.S. District Judge Richard M. Berman. Today, the Court unsealed the Superseding Information and EL BAHNASAWY’s guilty plea, as well as the Complaint and Indictment previously filed against EL BAHNASAWY.[1] The Court also unsealed today the five-count Complaint charging TALHA HAROON (the “Haroon Complaint”), and the seven-count Complaint charging RUSSELL SALIC (the “Salic Complaint”), based on their alleged participation with EL BAHNASAWY in the plot to carry out the NYC Attacks.
According to the allegations in the Haroon Complaint and the Salic Complaint[2]; the Complaint, Indictment, and Superseding Information filed against EL BAHNASAWY; and the transcript of EL BAHNASAWY’s guilty plea[3]:
In the spring of 2016, EL BAHNASAWY and HAROON were plotting to carry out terrorist attacks in New York City in support of ISIS during the Islamic holy month of Ramadhan (which ran from approximately June 5 to July 5 in 2016). In the course of their preparations, EL BAHNASAWY and HAROON communicated, via electronic messaging applications accessible on cellphones, with a certain individual posing as an ISIS supporter who was, unbeknownst to them, the UC.
EL BAHNASAWY and HAROON declared their allegiance to ISIS in electronic communications with the UC, and expressed their intention of carrying out Paris- and Brussels-like terrorist attacks on behalf of ISIS in New York City. EL BAHNASAWY explained to the UC that he was in contact with an ISIS affiliate about obtaining official sanction of the planned attacks by the Khorasan Province, a branch of ISIS active in Pakistan. HAROON, who was based in Pakistan and was introduced to the UC by EL BAHNASAWY, informed the UC that he was in contact with ISIS associates within the Khorasan Province, and that “khurasan dawla [ISIS] has o[u]r back.” EL BAHNASAWY stated to the UC that “[t]hese Americans need an attack,” that he aspired to “create the next 9/11,” and that he planned to “com[e] to new York at around may 22” from Canada. HAROON stated that he intended to fly from Pakistan to New York City to carry out the NYC Attacks with EL BAHNASAWY, and hoped to “cause great destruction to the filthy kuffars[4] by our hands.”[5]
EL BAHNASAWY and HAROON identified multiple locations and events in and around New York City as targets of the planned attacks, including the New York City subway system, Times Square, and certain concert venues. For example, on May 1, 2016, EL BAHNASAWY sent the UC multiple images of maps of the New York City subway system containing markings that depicted plans for attacking the subway system, including by identifying the subway lines in which explosives would be detonated as part of the NYC Attacks. On May 12, 2016, EL BAHNASAWY sent the UC an image of Times Square and stated: “[W]e seriously need a car bomb at times square. . Look at these crowds of people!” That same day, EL BAHNASAWY also expressed his desire to “shoot up concerts cuz they kill a lot of people.” EL BAHNASAWY described the plan to attack concerts as follows: “[W]e just walk in with guns in our hands. That’s how the Paris guys did it.”
On May 5, 2016, HAROON expressed to the UC that the subway was a “perfect” target, that they should shoot as many passengers on the train as possible, including “women or kids,” and that “when we run out of bullets we let the vests go off.” That same day, HAROON discussed with the UC the necessary supplies for making explosive devices for use in the NYC Attacks. On May 9, 2016, HAROON stated to the UC: “NY Needs to fall. It’s a must.”
During May 2016, EL BAHNASAWY, while in Canada, purchased an array of bomb-making materials for use in the NYC Attacks, including approximately 40 pounds of hydrogen peroxide (the “Hydrogen Peroxide”) – which is a primary ingredient in TATP (triacetone triperoxide), a powerful explosive commonly used in improvised explosive devices. EL BAHNASAWY also purchased, among other things, batteries, Christmas lights, thermometers, and aluminum foil for use in constructing explosive devices to carry out the NYC Attacks.
Meanwhile, in Pakistan, based on HAROON’s communications with the UC, HAROON traveled to a certain city to meet with an explosives expert for the purpose of obtaining additional information to be used in building bombs for the planned NYC Attacks. HAROON advised that they would need “perming cords” (i.e., detonator cords) for constructing the improvised explosive devices, and conveyed his expectation that EL BAHNASAWY was acquiring “all that’s needed.” HAROON repeatedly expressed his commitment to travel to New York City as soon as feasible to carry out the planned attacks in support of ISIS, and described the steps that he had taken to renew the necessary travel documents to enable him to exit Pakistan and travel to the United States for the purpose of carrying out the NYC Attacks.
In early May 2016, EL BAHNASAWY informed the UC that EL BAHNASAWY had been communicating with SALIC – who was known to EL BAHNASAWY as “Abu Khalid” and “the doctor” – about providing additional funding for the NYC Attacks. EL BAHNASAWY further informed the UC that SALIC was a trusted ISIS supporter who had provided funding in support of ISIS on prior occasions. EL BAHNASAWY advised that SALIC would send approximately $500 to help fund the NYC Attacks, and that the money sent by SALIC would be used to acquire additional ammunition and bomb-making materials for carrying out the attacks. EL BAHNASAWY informed the UC that he had sent the UC’s account information to SALIC so that SALIC could transfer money to the United States in support of the NYC Attacks, and EL BAHNASAWY provided the UC with SALIC’s contact information on an electronic messaging application, to enable SALIC to execute the planned money transfer.
Shortly thereafter, SALIC, using the alias “Abu Khalid,” began messaging with the UC. SALIC informed the UC that he had been in contact with EL BAHNASAWY, and that SALIC was prepared to transfer money to the United States to help fund the NYC Attacks. SALIC, who allegedly maintained an active pro-ISIS social media presence, also conveyed that he had previously sent money to multiple other countries in support of ISIS, and expressed his allegiance to ISIS. For example, on May 9, 2016, SALIC informed the UC that he was “desperate” to travel to Syria to join ISIS. SALIC also expressed his belief that he could safely send money to support the NYC Attacks from the Philippines, where he claimed to be at the time, without attracting law enforcement scrutiny, stating: “[I]ts not strict here. Unli[k]e in Aus [Australia] or Uk [the United Kingdom] even liking FB [Facebook] status will put[] u in jail . . . Terrorists from all over the world usually come here as a breeding ground for terrorists . . . hahahaha . . . But no worry here in Philippines. They dont care bout IS [ISIS]..loll[.] Only in west.”
On May 11, 2016, SALIC sent approximately $423 from the Philippines to the UC to help fund the planned NYC Attacks. SALIC also informed the UC that he intended to continue sending additional money in support of ISIS in the future, stating: “In Sha Allah once we have the blessings again we will distribute again.”
As described above, EL BAHNASAWY acquired an array of bomb-making materials for use in carrying out the NYC Attacks. In mid-May 2016, EL BAHNASAWY shipped those bomb-making materials, including the Hydrogen Peroxide, to the UC in the United States. EL BAHNASAWY planned to build the explosive devices and prepare for the NYC Attacks with HAROON and the UC at a rural cabin within driving distance of New York City. EL BAHNASAWY helped to secure such a cabin for a period beginning in late May 2016, when he planned to arrive in the New York City area. EL BAHNASAWY informed the UC that the cabin would need to contain a refrigerator for purposes of making the explosives, and that EL BAHNASAWY wanted to “practise shooting” at the cabin site if it was not “too close to people.”
On May 12, 2016, when the UC sent SALIC a photograph of the Hydrogen Peroxide that EL BAHNASAWY had purchased for use in the NYC Attacks, SALIC reiterated his support for the planned attacks, and SALIC also conveyed that if he was unable to travel to Syria to join ISIS, he might carry out an attack himself. During subsequent communications with the UC, SALIC described New York City as “the capital of Kufr [Kuffar],” and stated that “[i]t would be a great pleasure if we can slaughter” people in New York City. SALIC further conveyed to the UC that he would be praying to Allah for the success of the operation when the planned attacks were imminent.
On May 20, 2016, HAROON conveyed to the UC that Times Square was “a perfect spot to hit them,” and suggested that the plan could include “[d]rive by or we surround the whole street and trap them and kill as many as possible.” In the course of his communications with the UC, HAROON also stated: “I wanna kill . . . them in thousands”; and “we have to make a ocean out of their blood[.] Leave no one standing.” HAROON reiterated his intention of traveling to New York City, and discussed attempting to execute the attacks as soon as Memorial Day (i.e., May 30, 2016), stating that “that’s a day that will change history” and that the attacks “will scar them for life knowing the soldiers of Allah are everywhere and ready.”
On May 21, 2016, EL BAHNASAWY traveled from Canada to the New York City area, in preparation for staging and ultimately carrying out the NYC Attacks with HAROON. In coordination with Canadian law enforcement, U.S. law enforcement closely monitored EL BAHNASAWY’s travel to the United States on May 21, 2016, and EL BAHNASAWY was arrested by the FBI that night in Cranford, New Jersey. HAROON was subsequently arrested in Pakistan based on the charges in the Haroon Complaint, and SALIC was subsequently arrested in the Philippines based on the charges in the Salic Complaint.
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The chart below reflects: (i) the charges in the Superseding Information to which EL BAHNASAWY, 19, of Mississauga, Canada, pled guilty; (ii) the charges in the Haroon Complaint filed against HAROON, 19, a U.S. citizen residing in Pakistan; and (iii) the charges in the Salic Complaint filed against SALIC, 37, of the Philippines.
CHARGE
STATUTE
DEFENDANTS CHARGED (COUNT)
MAXIMUM PENALTY
Conspiracy to use weapons of mass destruction
18 U.S.C. § 2332a
EL BAHNASAWY (1)
HAROON (1)
SALIC (1)
Life in prison
Conspiracy to commit acts of terrorism transcending national boundaries
18 U.S.C. § 2332b
EL BAHNASAWY (2)
HAROON (2)
SALIC (2)
Life in prison
Conspiracy to bomb a place of public use and public transportation system
18 U.S.C. § 2332f
EL BAHNASAWY (3)
HAROON (3)
SALIC (3)
Life in prison
Conspiracy to provide material support and resources to terrorists
18 U.S.C. § 2339A
EL BAHNASAWY (4)
HAROON (4)
SALIC (4)
15 years in prison
Attempted provision and provision of material support and resources to terrorists
18 U.S.C. § 2339A
EL BAHNASAWY (5)
SALIC (5)
15 years in prison
Conspiracy to provide material support and resources to a designated foreign terrorist organization, i.e., ISIS
18 U.S.C. § 2339B
EL BAHNASAWY (6)
HAROON (5)
SALIC (6)
20 years in prison
Attempted provision and provision of material support and resources to a designated foreign terrorist organization, i.e., ISIS
18 U.S.C. § 2339B
EL BAHNASAWY (7)
SALIC (7)
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 defendants will be determined by a judge.
As noted above, EL BAHNASAWY was arrested in New Jersey on May 21, 2016, and has remained in custody since that date. On October 13, 2016, EL BAHNASAWY pled guilty to the seven-count Superseding Information. EL BAHNASAWY is scheduled to be sentenced on December 12, 2017. HAROON was arrested in September 2016 in Pakistan in connection with the charges in the Haroon Complaint, and proceedings for his extradition to the United States are currently pending in Pakistan. SALIC was arrested in April 2017 in the Philippines in connection with the charges in the Salic Complaint, and proceedings for his extradition to the United States are currently pending in the Philippines.
Mr. Kim praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the NYPD, and the FBI’s Los Angeles and Denver Field Offices. Mr. Kim also thanked the Royal Canadian Mounted Police, the FBI’s Cleveland Field Office, the FBI’s Legal Attaché Offices in Canada, Pakistan, and the Philippines, the New York State Police, the Department of Justice’s Office of International Affairs, the Counterterrorism Section of the Department of Justice’s National Security Division, and the U.S. Attorney’s Office for the Central District of California for their assistance.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys George D. Turner and Negar Tekeei are in charge of the prosecution, with assistance from Trial Attorneys Joshua Champagne and Larry Schneider of the Counterterrorism Section.
The charges contained in the Haroon Complaint and the Salic Complaint are merely accusations, and HAROON and SALIC are presumed innocent unless and until proven guilty.
[1] Certain portions of the transcript of EL BAHNASAWY’s guilty plea remain sealed pursuant to judicial order. Those portions have been redacted from the version of the transcript unsealed today.
[2] As the introductory phrase signifies, the entirety of the texts of the Haroon Complaint and the Salic Complaint, and the descriptions of the allegations against HAROON and SALIC in those charging documents set forth herein, constitute only allegations, and should be treated as allegations. EL BAHNASAWY has pled guilty, so as to him, the descriptions are not merely allegations.
[3] The Complaint, Indictment, and Superseding Information filed against EL BAHNASAWY refer to HAROON as “CC-1” and to SALIC as “CC-2.” The Haroon Complaint refers to EL BAHNASAWY as “CC-1” and to SALIC as “CC-2.” The Salic Complaint refers to EL BAHNASAWY as “CC-1” and to HAROON as “CC-2.”
[4] “Kuffar” generally means “disbelievers.”
[5] Unless otherwise indicated, the communications quoted herein have not been altered to correct for grammatical, spelling, or other errors that exist in the original communications.
79th Defendant Pleads Guilty and Three More are Sentenced on Federal Charges Arising Out of ATF-Led Operation Targeting Drug Trafficking and Firearms Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 79 of the 103 defendants charged as the result of this investigation have entered guilty pleas and 44 of them have been sentenced.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
This week, another defendant entered a guilty plea and three other defendants were sentenced on guilty pleas previously entered.
Albuquerque resident Richard Cortez, 37, entered a guilty plea on Oct. 2, 2017, to a methamphetamine trafficking charge. Cortez and co-defendants Guajira Maya Lovato, 44, and Daniel Loya, 31, were charged with conspiring to distribute methamphetamine between July 21, 2016 and Aug. 9, 2016, and with distributing methamphetamine on July 21, 2016. On Oct. 2, 2017, Cortez pled guilty to the distribution charge and admitted distributing 45 grams of methamphetamine to an undercover law enforcement agent on July 21, 2016. At sentencing, Cortez faces a maximum penalty of 20 years in federal prison. He remains detained pending a sentencing hearing, which has yet to be scheduled. Cortez’s co-defendants have entered guilty pleas to methamphetamine trafficking charges and are awaiting sentencing hearings.
Also this week the following three Albuquerque residents were sentenced for their convictions on drug trafficking and firearms offenses:
- Carlos Vasquez, 47, was sentenced on Oct. 3, 2017, to 120 months in federal prison followed by three years of supervised release;
- Candace Tapia also was sentenced on Oct. 3, 2017, to 18 months in prison followed by three years of supervised release; and
- Brandon Jason Hunt, 28, was sentenced on Oct 5, 2017, to a year and a day in prison, which he has already served, followed by three years of supervised release.
Vasquez was charged in a three-count indictment filed on June 14, 2016, with distributing cocaine and methamphetamine on May 26, 2016 and with being a felon in possession of a firearm and ammunition on June 1, 2016. Vasquez was prohibited from possessing firearms or ammunition because he previously had been convicted of aggravated battery on a household member, attempted armed robbery, and abandonment or abuse of a child. On May 19, 2017, Vasquez pled guilty to possessing methamphetamine with intent to distribute and being a felon in possession of a firearm and ammunition, and admitted that on May 26, 2016, he sold methamphetamine to an individual working with law enforcement. Vasquez also admitted that on June 1, 2016, he sold a firearm and ammunition to an undercover law enforcement agent. Vasquez acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Candace Tapia and her co-defendants Gaspar Leal, 47, Bernadette Aurora Tapia, 49, and Brandon Candelaria, 22, were charged by indictment on July 12, 2016, with conspiracy and distribution of methamphetamine on June 8, 2016, in Bernalillo County. On June 1, 2017, Candace Tapia pled guilty to an information charging her with distribution of methamphetamine and admitted that on June 8, 2016, she distributed methamphetamine to another person. Bernadette Aurora Tapia pled guilty on Dec. 13, 2016, and was sentenced on April 7, 2017. Lael has entered a plea of not guilty and is pending trial. The charges against Candelaria have been dismissed.
Hunt was arrested in Oct. 2016, on an indictment charging him with distributing cocaine on May 5, 2016, and June 1, 2016, and with being a felon in possession of a firearm on May 19, 2016. Hunt was prohibited from possessing firearms or ammunition because of his prior felony convictions for aggravated battery with a deadly weapon and attempt to commit an aggravated burglary. According to the indictment, Hunt committed the offenses in Rio Arriba County, N.M. On July 6, 2017, Hunt pled guilty to distributing cocaine and admitted that on May 5, 2016, he distributed cocaine to an undercover law enforcement agent.
Twenty-one of the defendants who were charged as the result of the ATF investigation have entered not guilty pleas to the charges against them. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law. Two defendants are fugitives and the charges against two defendants have been dismissed.
These cases were investigated by the Albuquerque office of ATF. Assistant U.S. Attorney Presiliano Torrez is prosecuting Cortez. Assistant U.S. Attorney Eva Fontanez prosecuted Vasquez. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting Candace Tapia. Assistant U.S. Attorney Kimberly A. Brawley prosecuted Hunt.
20-Pound Meth Seizure Leads to Federal ChargesRead the Press Release
KANSAS CITY, KAN. – Federal charges have been filed against three people after investigators seized 20 pounds of methamphetamine from a house in Kansas City, Kan., U.S. Attorney Tom Beall said.
The following defendants were charged in federal court Thursday with one count of conspiracy to distribute methamphetamine:
Sheila M. Best, 53, Basehor, Kan.
Karen Ortega, 40, Kansas City, Kan.
Marlon Gutierrez, 38, Kansas City, Kan.
A search warrant served at a house in the 3000 block of North 34th Street in Kansas City, Kan., turned up 20 pounds of methamphetamine, more than a pound of heroin and more than $23,000 in cash.
If convicted, they face a penalty of not less than 10 years in federal prison and a fine up to $10 million. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Thursday 5 October 2017
Worcester Man Indicted for Distributing MethamphetamineRead the Press Release
BOSTON – A Worcester man was charged today in federal court in Worcester with distributing methamphetamine.
Adam Germano, 36, was indicted on one count of distributing methamphetamine and one count of conspiracy to distribute or possess with intent to distribute methamphetamine. Germano was arrested and charged by criminal complaint in March 2017, and has been in custody since then.
According to court documents, in January 2017, a U.S. Postal Inspector intercepted a package containing approximately five pounds of methamphetamine that was shipped from Las Vegas to Worcester. Fingerprint analysis revealed Germano’s fingerprints on the internal packaging within the shipment. Correspondence obtained by law enforcement showed that after the drugs were seized, Germano suspected that someone had stolen his package. In an online message, Germano speculated that he had been robbed of 108,000 – presumably, a reference to $108,000 worth of lost methamphetamine.
Court documents also allege that after the package was intercepted, Germano sought to obtain another source of supply for methamphetamine. In addition, on March 23, 2017, law enforcement officers in Concord, N.H., stopped a vehicle Germano was driving and recovered methamphetamine and a handgun hidden near the engine of the vehicle.
The charges provide for a mandatory minimum sentence of 10 years and up to life in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. The Merrimack and Concord, N.H., police departments provided valuable assistance with the investigation. Assistant U.S. Attorney William F. Abely of Weinreb’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Woman Who Embezzled more than $2 Million from Everett Battery Company Sentenced to PrisonRead the Press Release
A 34-year employee of an Everett, Washington battery company was sentenced today in U.S. District Court in Seattle to three years in prison, three years of supervised release, and $2,427,478 in restitution for embezzling from her employer, announced U.S. Attorney Annette L. Hayes. JUDITH HUTCHINSON, 65, of Everett, pleaded guilty in May 2017, admitting that over the last seven years, while employed as bookkeeper and controller for All Battery Sales and Services, Inc., she used company money to pay her personal expenses, including charges for expensive jewelry, vacation rentals and cruises, clothes, furniture, and other items. At the sentencing hearing U.S. District Judge Thomas S. Zilly told her, “you essentially stole from this company $2.4 million… You were buying jewelry, high-end clothing, a Porsche and a Corvette… I’m very troubled by that.”
According to records filed in the case, HUTCHINSON used her trusted position at the company to use company money to pay her personal credit card bills. HUTCHINSON regularly spent more than $2,000 a day on online shopping, and made large purchases such as a vacation rental for a Colorado ski condo, and other expensive vacations for her extended family. HUTCHINSON hid her embezzlement from the family owned business by creating false and fraudulent entries in All Battery’s cost reports by inflating costs incurred by other sectors of All Battery’s business to hide the transfers made to pay her personal credit card balances.
In victim statements provided to the court, other employees and managers recounted how the company had struggled during the period of the embezzlement. Employees went without raises, purchases were delayed, work hours were trimmed so that the company could continue with a positive cash flow. The office manager noted that while the staff endured a wage freeze and limits on overtime, HUTCHINSON continued to steal and spend company money for her own benefit. The embezzlement was finally discovered by a co-worker and the company reported it to law enforcement in August 2016.
The case was investigated by the FBI and the Snohomish County Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Matthew Diggs.
Winchester Man Pleads Guilty to Participating in Conspiracy to Distribute Multiple Kilograms of HeroinRead the Press Release
CONCORD, N.H. - Acting United States Attorney John J. Farley announced today that Ross Gould, 30, formerly of Winchester, New Hampshire, pleaded guilty to participating in a conspiracy to distribute over a kilogram of heroin.
Court documents and statements in court showed that beginning in 2011 and continuing through mid-March 2015, Gould distributed quantities of heroin throughout the Keene, New Hampshire, area. Investigators determined that Gould initially sold gram quantities of heroin, but later started selling larger quantities of heroin to individuals in Keene and the surrounding towns. From mid-2014 through Gould’s arrest in March of 2015, Gould’s drug trafficking increased substantially. He obtained approximately two kilograms of heroin every four or five weeks from a heroin source in Lawrence, Massachusetts. Gould used a drug courier to obtain the heroin from the source and transport the drugs back to the Keene area where the drugs were distributed by Gould and other drug couriers.
After the lengthy investigation, Gould was arrested in March, 2015. A search of Gould’s Winchester residence resulted in the seizure of approximately five grams of heroin, $11,000 cash and 14 firearms. A subsequent search of a safe that Gould kept at another residence resulted in the seizure of 1.7 kilograms of heroin, 392 grams of cocaine and a small quantity of miscellaneous pills.
Three of Gould’s drug couriers have been sentenced to federal prison as a result of their participation in this drug trafficking organization. Jamie Hilow, 29, formerly of Winchester, is serving an 11-year prison sentence. Hilow’s wife, Jaclyn Hilow, 31, also formerly of Winchester, is serving a 10-year prison sentence. Jason Daigle, 40, formerly of Nelson, is serving an eight-year prison sentence.
Two of Gould’s sources from Lawrence also have been convicted on drug trafficking charges. Jonathan Cruz-Marte, 34, was sentenced to 55 months in prison and Felix Portes, 56, was sentenced to 57 months in prison.
“The United States Attorney’s Office is committed to working with our local, state and federal law enforcement partners to target individuals who are distributing illegal drugs in New Hampshire,” said Acting U.S. Attorney Farley. “While those who suffer from addiction need access to treatment, those who seek to profit from the distribution of heroin and other deadly drugs will be prosecuted aggressively. I commend the work of the law enforcement officers who worked together during this long-term investigation to disrupt and dismantle a major drug trafficking organization that was responsible for the distribution of large quantities of heroin in the Keene area.”
“HSI is committed to working with its law enforcement partners to pursue and dismantle drug trafficking organizations that distribute narcotics on the streets and spread violence in our communities,” said Matthew Etre of HSI Boston. “I commend the outstanding collaborative effort by all of the agencies involved in this investigation.”
Gould’s sentencing is scheduled for January 30, 2018.
This investigation was the product of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The investigation was conducted by the: (1) Immigration and Customs Enforcement’s Homeland Security Investigations; (2) New Hampshire Attorney General’s Drug Task Force; (3) Bureau of Alcohol, Tobacco, Firearms and Explosives; (4) New Hampshire State Police; (5) Keene, New Hampshire Police Department; (6) Richmond, New Hampshire Police Department; and (7) Salem, New Hampshire Police Department. Assistant United States Attorney Jennifer Cole Davis is prosecuting the case.
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Wichita Woman Pleads Guilty in Identity Theft CaseRead the Press Release
WICHITA, KAN. – A Wichita woman pleaded guilty Thursday to federal identity theft charges, U.S. Attorney Tom Beall said.
Chanel K. Wiseman, 29, Wichita, Kan., pleaded guilty to two counts of identity theft. In her plea, she admitted she was arrested in September 2016 in a stolen car in a parking lot at a Walmart store in Goodard, Kan. In the car, investigators found stolen mail, authentic and fraudulent driver’s licenses, student identification cards, Social Security cards, credit and debit cards and checks.
According to court records, when investigators searched Wiseman’s hotel room they found a laminated menu listing identity theft services including fake IDs, fraudulent vehicle paperwork and forged checks. Beside each item was a detailed “non-negotiable” price ranging from $20 to $1,500. They also found computers, printers and counterfeit documents.
Sentencing is set for Dec. 21. She faces a penalty of not less than two years in federal prison and a fine up to $250,000 on each count. Beall commended the Wichita Police Department and Assistant U.S. Attorney Lanny Welch for their work on the case.
Westchester Hedge Fund Manager Arrested for Running A Ponzi SchemeRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced that MICHAEL SCRONIC, a hedge fund manager in Westchester County, was arrested this morning and charged with securities fraud and wire fraud arising out of his execution of a $19 million Ponzi scheme through the Scronic Macro Fund. SCRONIC will be presented before United States Magistrate Judge Lisa Margaret Smith in White Plains federal court later today.
Acting U.S. Attorney Joon H. Kim said: “Michael Scronic allegedly stole more than $19 million from investors by lying about the performance of his investment fund, and then spent much of that money on his own lavish lifestyle. Hedge fund managers who lie to their investors and steal their money, as Scronic is alleged to have done, will always be in our sights as targets for federal prosecution.”
FBI Assistant Director William F. Sweeney Jr. said: “Scronic’s alleged get-rich-quick scheme was, in fact, a plan to deceive investors, luring them into a false sense of security about their investments by overselling the reliability and success of the fund. The FBI will continue to identify and investigate those who defraud investors. We ask anyone who has information related to investor fraud submit a tip at https://tips.fbi.gov/.”
According to the allegations contained in the Complaint[1] unsealed today in White Plains federal court:
SCRONIC, a graduate of Stanford University and the University of Chicago’s business school, raised more than $19 million from 45 investors in the Scronic Macro Fund (the “Fund”) from April 2010 to the present. SCRONIC told investors that the Fund had positive returns in all but one of the 22 quarters from January 2012 through June 2017, with the highest reported quarterly return being 13.4 percent in the fourth quarter of 2014. In reality, the Fund lost money in 28 out of 29 quarters of its operation, with a total net loss of about $15.7 million before commissions. The Fund’s only positive quarter was its first quarter of operation in 2010.
As a result of these trading losses, the total assets SCRONIC claimed the Fund had in each quarter far exceeded its actual assets. For example, SCRONIC sent account statements to investors that together showed total fund assets of $21.7 million as of June 30, 2017. On that date, the combined balance of SCRONIC’s brokerage and bank accounts was $102,376.
In addition to losing money on trades, SCRONIC used investor money for personal expenses. His personal expenditures averaged more than $500,000 a year since January 2012 and included monthly rent of $12,275 on his primary residence in Westchester, mortgage payments on a vacation home in Stratton, Vermont, fees for multiple beach and country clubs, including a $30,000 payment to the Stratton Mountain Club in July 2017, and miscellaneous items charged to credit cards in amounts averaging more than $15,000 a month.
In recent months, SCRONIC has been unable to pay redemptions requested by existing Fund investors. Between June and August of this year, four Fund investors requested redemptions totaling about $1.5 million. SCRONIC has not had sufficient funds on hand to pay these redemptions. He instead has told these investors that the Fund would pay redemptions only at quarter end, that he was too busy and preoccupied with a relative’s medical condition to pay redemptions, and that he was unavailable to pay redemptions because he was on vacation. In some cases, SCRONIC ignored redemption requests.
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SCRONIC, 46, of Westchester County, New York, is charged with one count of securities fraud and one count of wire fraud. Each charge carries a maximum sentence 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 a judge.
Mr. Kim praised the investigative work of the FBI. Mr. Kim also thanked the Securities & Exchange Commission for its assistance in the investigation.
In a related case, the Securities & Exchange Commission brought a civil action today against SCRONIC in U.S. District Court in White Plains.
The criminal case is being prosecuted by the Office’s White Plains Division. Assistant U.S. Attorney James McMahon and Special Assistant U.S. Attorney Daniel Loss are in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations and every fact described should be treated as an allegation.
West Monroe man sentenced to more than 12 years in prison for receiving child pornographyRead the Press Release
MONROE, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a West Monroe man was sentenced Wednesday to 151 months in prison for receiving child pornography.
John D. Owen, 30, of West Monroe, La., was sentenced by U.S. District Judge S. Maurice Hicks Jr. on one count of receiving child pornography. He was also sentenced to 10 years of supervised release and is required to register as a sex offender. According to the June 1, 2017 guilty plea, law enforcement agents identified the defendant as possessing child pornography. Agents conducted a search of his residence on September 22, 2016 and found five videos of child pornography on his cell phone and 38 images of child pornography on a computer.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines 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.projectsafechildhood.gov.
Those concerned may leave tips with the FBI at tips.fbi.gov. Tips may be submitted anonymously. The Monroe FBI office number is (318) 387-0773.
The FBI, Swiss Cybercrime Coordination Unit and the Ouachita Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Tennille M. Gilreath prosecuted the case.
Wallingford Woman Indicted for Crop Insurance FraudRead the Press Release
LEXINGTON, Ky. – A Wallingford, Ky. woman was indicted today for engaging in crop insurance fraud.
A federal grand jury in Lexington returned an indictment charging 62-year-old Debra Muse with one count of conspiring to violate federal law and 27 counts of making false statements to influence the Federal Crop Insurance Corporation (“FCIC”) and companies the FCIC reinsures.
The indictment alleges that Muse, a crop insurance agent that contracted with Rural Community Insurance Services (“RCIS”), agreed with tobacco farmers to make false statements and reports to the FCIC and companies the FCIC reinsures, in order to submit false claims for crop insurance indemnity payments. These false documents included false sales bills from Clays Tobacco Warehouse, where Muse also worked seasonally, and falsified tobacco grading reports. According to the indictment, for crop year 2014, the FCIC, through RCIS, paid out nearly $170,000 in indemnity payments to Muse’s clients, as a result of these false claims for crop damage that her clients’ tobacco crop did not suffer in the way reported to the United States Department of Agriculture.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; Karen Citizen-Wilcox, Special Agent in Charge, United States Department of Agriculture Office of Inspector General; Amy Hess, Special Agent in Charge, Federal Bureau of Investigation; Tracey D. Montano, Special Agent in Charge, Internal Revenue Service-Criminal Investigations; and Dwayne Depp, Director, Kentucky Department of Insurance Fraud Investigation Division, jointly announced the indictment.
The investigation preceding the indictment was conducted by the United States Department of Agriculture Office of Inspector General, United States Department of Agriculture Risk Management Agency, Federal Bureau of Investigation, Internal Revenue Service-Criminal Investigations, and Kentucky Department of Insurance. The indictment was presented to the grand jury by Assistant U.S. Attorneys Kathryn M. Anderson and Erin M. Roth.
A date for Muse to appear in court has not yet been scheduled. For the conspiracy charge, Muse faces up to 5 years in prison and a fine of $250,000. For each charge of making false statements to the FCIC, she faces up to 30 years in prison and a fine of $1,000,000. However, any sentence following a conviction would be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal statutes.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
U.S. Attorney’s Office indicts 16 for firearms offenses in north LouisianaRead the Press Release
SHREVEPORT, La. – Acting U.S. Attorney Alexander C. Van Hook announced today that 16 defendants have been indicted in separate cases for firearms offenses.
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to specifically identify the criminals responsible for significant violent crime in the Western District of Louisiana. A centerpiece of this effort is Project Safe Neighborhoods, a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Today’s indictments are part of the Project Safe Neighborhoods program.
“Addressing violent crime is a priority of the Department of Justice,” said Van Hook. “By consistently identifying the leading violent offenders in our communities and employing all available tools to hold them accountable, we will combat violent crime and make our communities safer. These indictments show our commitment to working aggressively toward this goal.”
Those indicted include:
Deontre D. Caldwell, 30, of Shreveport, one count of possession of a firearm by a convicted felon.
Terrence Terze Cochran, 19, of Shreveport, one count of possession of a firearm by a convicted felon.
Bryan D. Gates Jr., 18, of Shreveport, one count of possession of a firearm by a convicted felon.
Alvin Kincerely Law Jr., 30, of Shreveport, one count of possession of a firearm by a convicted felon.
Jeremy Moro, 40, of Minden, La., one count of possession of a firearm by a convicted felon.
Ivory C. Myles, 28, of Shreveport, one count of interference with commerce by robbery, one count of kidnapping, one count of transportation for purpose of committing criminal sexual activity, and one count of use of a firearm during a crime of violence.
Tramarciea Jovan Ruffins, 24, of Shreveport, two counts of possession of a firearm by a convicted felon.
Xavier Breonte Strickland, 28, of Shreveport, one count of possession with intent to distribute marijuana, one count of possession of a firearm in furtherance of a drug trafficking crime, and one count of possession of a firearm by a convicted felon.
Christopher De’Lanio Taylor, 30, of Homer, La., one count of possession of a firearm and ammunition by a convicted felon, one count of possession with intent to distribute a controlled substance, and one count of possession of a firearm in furtherance of a drug trafficking crime.
Jason Brian Wallace, 33, of Shreveport, one count of possession of a firearm by a convicted felon and one count of possession with intent to distribute methamphetamine.
The indictments of six other individuals remain sealed pending their arrest by law enforcement.
The Caddo Parish District Attorney’s Office, ATF, FBI, Homeland Security Investigations, U.S. Marshals Service, Shreveport Police Department and other local law enforcement agencies assisted in the investigation and arrest of these individuals.
An indictment is merely an accusation, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Acting U.S. Attorney Alexander Van Hook is available for interview today by appointment. Call Henri LeJeune at 337-262-6618 or Lisa Langley at 318-676-3600 to schedule an interview.
U.S. Attorney’s Office indicts 11 for drug conspiracy in Winn ParishRead the Press Release
ALEXANDRIA, La. – Acting U.S. Attorney Alexander C. Van Hook announced today that 11 defendants were indicted for a methamphetamine distribution conspiracy in the Winn Parish area.
Those named in the 13-count indictment are:
Cristina Daniela Santos, 25, of Inglewood, Calif.
Ladarrius James Street, 34, of Winnfield, La.
Dexter Jerome Sapp, 38, of Winnfield, La
Destiney Hamilton, 32, of Winnfield, La.
Kendrick Lamont Davenport, 43 of Winnfield, La.
Stephen Duncan Jr., 25, of Winnfield, La.
Delano C. Hall, 48, of Winnfield, La.
Michael Deangelo Hall, 32, of Winnfield, La.
Jeremy Laraun Mamon, 35, of Winnfield, La.
Rafael M. Powell, 34, of Atlanta, La.
Xavier Deandre Powell, 28, of Atlanta, La.
According to the indictment, the defendants conspired to distribute more than 50 grams of methamphetamine from October 2015 to October 2017 in the Winn Parish area.
For a list of counts the defendants face, see graphic below:
Counts* 1 2 3 4 5 6 7 8 9 10 11 12 13 Santos * * * Street ** Sapp * * * * Hamilton * Davenport * Duncan * * Delano Hall * * Michael Hall * Mamon * * * Rafael Powell * Xavier Powell * * * **Count One is conspiracy to possess with intent to distribute methamphetamine. Counts 2-5 and 7-13 are distribution of methamphetamine, and Count Six is possession with intent to distribute methamphetamine.
The defendants each face between 10 years to life in prison, a $10 million fine, and forfeiture of seized property. They also face at least four years of supervised release.
The FBI Central Louisiana Safe Streets Gang Task Force, U.S. Marshals Service Violent Offender Task Force of Alexandria and Shreveport, DEA Task Force of Shreveport, Louisiana State Police, Louisiana National Guard Counter Drug Unit, Louisiana Probation and Parole, Winn Parish Sheriff’s Department, Winn Parish District Attorney’s Office, and the Hawthorne, Calif., Police Department participated in the investigation. Assistant U. S. Attorney Earl M. Campbell is prosecuting the case.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
U.S. Attorney, County Prosecutor Announce Attorney Designated as Part of Anti-Violence InitiativeRead the Press Release
Today, United States Attorney General Jeff Sessions announced the reinvigoration of “Project Safe Neighborhoods,” one of the Department’s signature programs to reduce violent crime.
In the Southern District of Ohio, U.S. Attorney Benjamin C. Glassman and Franklin County Prosecutor Ron O’Brien announced a partnership to enhance an anti-violence initiative in Columbus.
The strategy includes a committed focus from federal, state and local law enforcement agencies to work collaboratively to identify those individuals who consistently use firearms to commit crimes, who habitually possess illegal firearms, and who present a clear threat to the safety of the community.
The same initiative was implemented in Cincinnati in February 2016 and has resulted in prosecuting more than 50 habitual offenders with federal gun charges.
“Over the last year and a half, the Southern District of Ohio has been on the cutting edge in developing a comprehensive, proactive approach to reducing violent crime,” said U.S. Attorney Glassman. “The Department’s reinvigoration of Project Safe Neighborhoods should provide us with additional support to strengthen our efforts.”
In Franklin County, Assistant Prosecutor Jason Manning was sworn in today as a federal Special Assistant United States Attorney, in order to increase the capacity for federal gun and violence cases and to further the collaboration between federal and county authorities in effectively prosecuting the most violent offenders.
“I am grateful for the partnership with Franklin County Prosecutor Ron O’Brien,” Glassman said. “Working closely together with our state and local partners is crucial to effective reduction of violent crime in our communities in the Southern District of Ohio.”
Federally, possession of a firearm by a convicted felon can result in a prison sentence of up to 10 years in prison. Offenders who possess a firearm after having been convicted of three violent felonies, moreover, face between 15 years and life in prison.
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Two Lewisburg defendants plead guilty to federal oxymorphone crimesRead the Press Release
BECKLEY, W.Va. – Two Lewisburg defendants pleaded guilty today to federal drug crimes, announced United States Attorney Carol Casto. Joshua Adam Smith, 35, entered his guilty plea to distribution of oxymorphone. Jessica Nicole Honaker, 26, pleaded guilty to aiding and abetting the distribution of oxymorphone.
Smith admitted on November 6, 2016, he distributed oxymorphone to a confidential informant working with law enforcement. Honaker admitted that on November 17, 2016, she distributed oxymorphone to a confidential informant to complete a drug deal that Smith had arranged. Both of the drug deals took place at a residence on Battle Hill Drive in Lewisburg. As part of their plea agreements, Smith and Honaker took responsibility for all of the drug trafficking activity charged in the indictment.
Smith and Honaker each face up to 20 years in federal prison when they are sentenced on January 24, 2018.
The Greenbrier Valley Drug and Violent Crime Task Force conducted the investigation. Assistant United States Attorney John File is handling the prosecution. The plea hearings were held before United States District Judge Irene C. Berger.
This case is being prosecuted under the Greenbrier Valley Heroin and Pill Initiative, part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Three Men Plead Guilty to Illegally Trafficking American EelsRead the Press Release
William Sheldon, Timothy Lewis, and Charles Good appeared today in federal court in Portland, Maine, where each pleaded guilty to violating the Lacey Act by trafficking juvenile American eels (also known as “elvers” or “glass eels”). Sheldon and Lewis had each been separately indicted by a Grand Jury in March 2017 for conspiring to smuggle elvers and violate the Lacey Act. Good pleaded guilty to an Information charging him with aiding and abetting the illegal transport of elvers in violation of the Lacey Act.
Historically, Japanese and European eels were harvested and sold as food in East Asia As overfishing has led to a decline in the population of these eels, harvesters have turned to the American eel to fill the void resulting from the decreased number of Japanese and European eels.
American elvers are exported to East Asia, where they are raised to adult size and sold for food. Harvesters and exporters of American eels can sell elvers to East Asia for more than $2000 per pound. Because of the threat of overfishing, elver harvesting is prohibited in the United States in all but two states: Maine and South Carolina. Both states heavily regulate elver fisheries, requiring that individuals be licensed and report all quantities of harvested eels to state authorities.
Today’s guilty pleas were the result of “Operation Broken Glass,” a multi-state U.S. Fish and Wildlife Service (USFWS) investigation into the illegal trafficking of American eels. To date, the investigation has resulted in 18 guilty pleas in Maine, Virginia, and South Carolina. Combined, these 18 defendants have admitted to illegally trafficking more than $4.5 million worth of elvers. The offenses in these case are felonies under the Lacey Act, each carrying a maximum penalty of five years’ incarceration, a fine of up to $250,000 or up to twice the gross pecuniary gain or loss, or both.
Operation Broken Glass was conducted by the USFWS and the Justice Department’s Environmental Crimes Section in collaboration with the Maine Marine Patrol, South Carolina Department of Natural Resources Law Enforcement Division, New Jersey Division of Fish and Wildlife Bureau of Law Enforcement, Connecticut Department of Energy and Environmental Protection Conservation Police, Virginia Marine Resources Commission Police, USFWS Refuge Law Enforcement, National Oceanic and Atmospheric Administration Office of Law Enforcement, Massachusetts Environmental Police, Rhode Island Department of Environmental Management Division of Law Enforcement, New York State Environmental Conservation Police, New Hampshire Fish and Game Division of Law Enforcement, Maryland Natural Resources Police, North Carolina Wildlife Resource Commission Division of Law Enforcement, Florida Fish and Wildlife Conservation Commission, Yarmouth, Massachusetts Division of Natural Resources, North Myrtle Beach, South Carolina Police Department and the Atlantic States Marine Fisheries Commission.
The government is represented by Environmental Crimes Section Trial Attorneys Cassandra Barnum and Shane Waller.
Three 18th Street Gang Members/Associates Plead Guilty to Gun Trafficking ChargesRead the Press Release
BOSTON – Thee members/associates of the 18th Street Gang pleaded guilty today in federal court in Boston in connection with illegal, street-level gun trafficking.
Oscar Oliva, a/k/a “Droopy, 26, of East Boston; Ralph Bonano, 23, of East Boston; and Dennis Pleites Ramos, 23, of Chelsea, pleaded guilty to engaging in the business of dealing with firearms without a license. Oliva also pleaded guilty to one count of possessing with intent to distribute and distribution of cocaine base and one count of being a felon in possession of a firearm. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for January 2018.
In 2015 and 2016, a federal investigation identified a network of street gangs, which had created alliances to traffick weapons and drugs throughout Massachusetts and generate violence against rival gang members. Based on the investigation, 53 defendants were indicted in June 2016 on federal firearm and drug charges, including defendants who are allegedly leaders, members, and associates of the 18th Street Gang, the East Side Money Gang and the Boylston Street Gang. These gangs operated primarily in the East Boston, Boston, Chelsea, Brockton, Malden, Revere and Everett areas. During the course of the investigation, over 70 firearms, cocaine, cocaine base (crack), heroin and fentanyl were seized.
Oliva was a leader in the 18th Street gang, a multi-national criminal organization that operates throughout the United States, and was involved in a large conspiracy to deal in firearms in the Greater Boston area. Oliva was personally involved in at least 12 firearms deals involving at least 13 firearms to a cooperating witness. In total, the cooperating witness was able to obtain over 30 firearms from the conspiracy during the investigation, including assault rifles, shotguns, and handguns – several of which had obliterated serial numbers. Bonano and Pleites Ramos were involved with selling handguns in the Greater Boston area. In addition to the firearms trafficking, Oliva also sold cocaine base (crack cocaine) to a cooperating witness.
Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Matthew Etre, Special Agent in Charge of the Homeland Security Investigations in Boston; John Gibbons, U.S. Marshal of the District of Massachusetts; Maura Healey, Attorney General of Massachusetts; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Boston Police Commissioner William Evans; Chelsea Police Chief Brian Kyes; and Brockton Police Chief John Crowley, made the announcement today. The U.S. Attorney’s Office also acknowledges the assistance of the Suffolk and Middlesex County Sheriff Departments and the Malden, Revere and Everett Police Departments.
State Legislator Micky Ray Hammon Pleads Guilty to Mail FraudRead the Press Release
Montgomery, Ala. – State Representative Micky Ray Hammon, 60 years old, of Decatur, Alabama, pleaded guilty on Monday, September 25, 2017 to devising a scheme to commit mail fraud, announced United States Attorney Louis V. Franklin, Sr. Hammon has represented the Fourth District in the Alabama House of Representatives since 2003. Until earlier this year, Hammon served as the House of Representative’s majority leader.
According to court documents, Hammon, through his mail fraud scheme, used campaign money to pay his own personal expenses. Specifically, in 2013, Hammon created a principal campaign committee through the Secretary of States Office. This principal campaign committee allowed Hammon to begin raising money for his reelection campaign. Alabama law strictly limits the ways that Hammon’s campaign could use that money. Generally speaking, the campaign could use donations only to support Hammon’s reelection or legislative work. He was not supposed to use the money for his own personal expenses. After registering with the Secretary of State, Hammon’s campaign raised money from various donors. Some of these donors mailed their donations to Hammon’s campaign office.
Upon receiving a campaign donation check, Hammon would endorse the check and deposit it into his campaign’s bank account. Hammon would then write a check drawn on the campaign account to himself. After doing so, Hammon would deposit that check into his own personal bank account and use the money to pay for his own personal expenses.
In the coming months, United States District Myron H. Thompson will sentence Hammon. At sentencing, Hammon faces a maximum sentence of 20 years in prison, as well as monetary penalties.
“Self-dealing by elected officials erodes society’s confidence in its governmental institutions,” stated Untied States Attorney Louis V. Franklin, Sr. “Self-dealing is precisely what occurred here. Those who donated to Representative Hammon’s campaign expected that the campaign would use those resources lawfully and to foster an informative public debate. Instead, Representative Hammon placed those funds into his own personal piggy bank. I am proud of my office’s efforts to root out this corruption and I am most grateful for the tireless work of the United States Postal Inspection Service, which investigated this case. I hope that this prosecution will, in some small way, restore Alabamians’ trust in their state legislature.”
This case was investigated by the United States Postal Inspection Service. Assistant United States Attorney Jonathan S. Ross is prosecuting the case.