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6 October 2017
Rancher from Taos County Sentenced to Prison for Carjacking Utility Workers on His RanchRead the Press Release
ALBUQUERQUE – Richard Howieson, 56, of Costilla, N.M., was sentenced yesterday in Albuquerque, N.M., to a year and a day in prison for his conviction on a federal carjacking charge. Howieson will be on supervised release for two years after completing his prison sentence.
The FBI arrested Howieson on Oct. 11, 2016, on a three-count indictment charging him with carjacking, using and carrying a firearm during and in relation to a crime of violence, and being a felon in possession of a firearm. The indictment was superseded on Feb. 7, 2017, to charge Howieson with carjacking and with using and carrying a firearm in relation to a crime of violence. According to the indictment, Howieson committed these crimes on Feb. 19, 2013, in Taos County, N.M.
On April 17, 2017, Howieson pled guilty to a felony information charging him with carjacking on Feb. 19, 2013, pursuant to a plea agreement. According to the plea agreement, Howieson encountered two employees of a utility company just inside the fence line on his ranch. The utility workers were in their utility vehicle as Howieson drove up in his vehicle. As Howieson exited his vehicle with a loaded pistol in his pocket, one of the utility company employees exited his vehicle and explained that they were on Howieson’s property to install fiber optic cable and that the utility company had permission to cut Howieson’s lock to gain access to the ranch. Brandishing a loaded pistol, Howieson told the utility company employees to get off his property and to leave their utility vehicle. When the utility company employees refused to leave the ranch without their vehicle, Howieson told them they could get their vehicle back through the law and threatened to shoot them if they did not leave his ranch. The utility company employees then left the ranch. As they were walking away from the ranch, Howieson discharged the firearm in a different direction from where the utility company employees were located.
This case was investigated by the Santa Fe office of the FBI and the New Mexico State Police, and was prosecuted by Assistant U.S. Attorney George Kraehe.
Pine Bluff Man Pleads Guilty to Stealing More Than $1 Million in USDA Funds Intended to Feed Hungry ChildrenRead the Press Release
LITTLE ROCK— Patrick C. Harris, Acting United States Attorney for the Eastern District of Arkansas, announced today that Elbert Harris, 57, of Pine Bluff, pleaded guilty to an information charging him with wire fraud. Harris stole more than $1 million intended to feed children in low income areas.
Friday’s plea hearing took place before United States District Judge Kristine G. Baker, who will sentence Harris at a later date.
The United States Department of Agriculture (USDA) funds the Child and Adult Care Feeding Program, which includes an at-risk, after school component. In Arkansas, the feeding programs are administered by the Arkansas Department of Human Services (DHS). Sponsors who want to participate in the feeding programs must submit an application to DHS for approval. After they are approved, they can provide meals as part of the feeding program, and they are reimbursed for the eligible meals they serve.
At Friday’s hearing, Harris admitted that between 2012 and 2015, he was a sponsor for the feeding program through “Greater Faith Ministries,” which had feeding locations in Pine Bluff, Altheimer, and Wabbaseka. Harris operated 14 feeding sites. He falsely claimed that he served up to 175 children at some of his feeding sites, greatly inflating the number of children who were actually served. Harris submitted approximately 44 claims. Because of the inflated claims, Harris received a total of approximately $1,390,961.05 from DHS.
Harris is the 14th person to plead guilty concerning the theft of USDA feeding program funds for children. In addition to those who have pleaded guilty, two defendants have been convicted at trial. Previous charges filed in this investigation detail fraud involving more than $10 million in USDA feeding program funds.
The statutory penalty for wire fraud is not more than 20 years’ imprisonment, not more than a $250,000 fine, or both, and not more than three years supervised release.
The investigation is ongoing and is being conducted by the USDA–Office of Inspector General, Federal Bureau of Investigation, and Internal Revenue Service–Criminal Investigations. The case is being prosecuted by Assistant United States Attorneys Jana Harris, Allison W. Bragg and Cameron McCree.
If you are aware of any fraudulent activity regarding these feeding programs, please email that information to [email protected].
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Pierce County Woman Pleads Guilty to Bombing Car Belonging to Person she Considered a Police ‘Snitch’Read the Press Release
A Tacoma, Washington woman pleaded guilty today in U.S. District Court in Tacoma to unlawful possession of a destructive device, announced U.S. Attorney Annette L. Hayes. KENNI JO BENNETT, 41, of Tacoma, and an accomplice, placed the explosive device under a Kia Forte sedan parked outside a Tacoma home occupied by a family, including several children. The device exploded blasting a hole in the trunk area of the car, and scattering debris around the area, including the lawns of homes across the street. No one was injured. U.S. District Judge Ronald B. Leighton scheduled sentencing for January 5, 2018.
According to the plea agreement, between August and October 2016, BENNETT became convinced that the victim was providing information to law enforcement concerning her drug trafficking activities. BENNETT recruited an accomplice to help her blow up the victim’s car. BENNETT purchased an explosive device about the size of a soda can from someone she knew on the Puyallup Indian Reservation. In the early morning hours of October 13, 2016, BENNETT cruised the victim’s neighborhood and saw his car parked in the driveway of his home. She texted her accomplice, picked him up, and brought him back to the target vehicle. BENNETT used a lit cigarette to ignite the fuse of the device and instructed her accomplice where to place it. BENNETT used her smart phone to record the explosion. The two then left the area.
BENNETT was arrested by Tacoma Police and charged in state court in November 2016. In May 2017, she was charged federally and has remained in federal custody.
Unlawful possession of a destructive device is punishable by up to ten years in prison, three years of supervised release and a $10,000 fine.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Tacoma Police Department. The case is being prosecuted by Assistant United States Attorney Erin H. Becker.
Pharmacy Robbery Defendant Pleads GuiltyRead the Press Release
DAYTON – Eric Lamont Bates, 20, of Indianapolis, pleaded guilty in U.S. District Court yesterday to one count of aiding and abetting the robbery of a pharmacy in Middletown, Ohio and possessing with the intent to distribute morphine and oxycodone.
Bates is one of 11 total defendants in three current federal pharmacy robbery indictments in Dayton. He faces up to 20 years imprisonment for each crime.
Benjamin C. Glassman, U.S. Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division and Middletown Police Chief Rodney Muterspaw announced the plea entered into today before U.S. District Judge Walter H. Rice.
In May, a federal grand jury returned indictments charging individuals with robbing two Middletown pharmacies and stealing prescription drugs including morphine, oxycodone and hydrocodone for the purpose of selling the drugs on the street.
The grand jury charged two Dayton men, Calvin Cavonte Tribble and Savon Anthony Davis, with attempted robbery of a pharmacy in Middletown on April 18, 2017 and robbing the pharmacy on April 19.
In a separate indictment, the grand jury alleged that two Indianapolis men, Bates and Yasar Jamal Burnett, conspired to rob another Middletown pharmacy of morphine and oxycodone on April 29, 2017. Burnett also recently pleaded guilty to the same charges as Bates.
In July, a 10-count superseding indictment added six defendants who also allegedly conspired to rob pharmacies between March and June 2017 in Fairfield, Middletown, Franklin, Hamilton, Westerville, Trotwood, Dayton, Oakwood, Kettering, Beavercreek, Moraine, Vandalia, Union Township and Cincinnati.
It was part of the alleged conspiracy that defendants would approach the pharmacy counter at CVS, Walgreens, Rite Aid and Best Pharmacy locations as if to turn in a prescription to be filled. In actuality, the slip of paper included a note that this was an armed robbery and the pharmacist would be harmed if they did not comply. The note demanded pharmacy employees to fill two bags with a list of controlled substances identified by name, amount and prescription dosage.
Those charged in the superseding indictment include Martez Henderson, Tiwonne Montgomery, Kenneth Evans, Jr., Brandon Freeman, David Harris and Jamar Warren.
In September, Jamie Deandre Williams was charged in a five-count indictment for allegedly robbing CVS pharmacies in Beavercreek, Sidney, Moraine, Cincinnati and Dayton between February and June 2017.
U.S. Attorney Glassman commended the cooperative investigation of this case by the Middletown Police and the FBI, as well as Assistant U.S. Attorneys Amy M. Smith and Brent Tabacchi, who are representing the United States in the case.
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Pharmaceutical Employee Admits Health Care Fraud Conspiracy Targeting State Health Benefits ProgramsRead the Press Release
CAMDEN, N.J. – A Montgomery County, Pennsylvania, man today admitted defrauding New Jersey state health benefits programs and other insurers out of millions of dollars by submitting fraudulent claims for medically unnecessary prescriptions, Acting U.S. Attorney William E. Fitzpatrick and New Jersey Attorney General Christopher S. Porrino announced.
Michael Neopolitan, 49, of Willow Grove, Pennsylvania, a pharmaceutical sales representative, pleaded guilty before U.S. District Judge Robert B. Kugler in Camden federal court to an information charging him with conspiracy to commit health care fraud.
According to documents filed in this case and statements made in court:
From January 2015 through April 2016, Neopolitan recruited individuals in New Jersey to obtain very expensive and medically unnecessary compounded medications from an out-of-state pharmacy, identified in the informations as the “Compounding Pharmacy.” The conspirators learned that certain compound medication prescriptions – including pain, scar, antifungal, and libido creams, as well as vitamin combinations – were reimbursed for thousands of dollars for a one-month supply.
The conspirators also learned that some New Jersey state and local government and education employees, including teachers, firefighters, municipal police officers, and state troopers, had insurance coverage for these particular compound medications. An entity referred to in the informations as the “Pharmacy Benefits Administrator” provided pharmacy benefit management services for the State Health Benefits Program, which covers qualified state and local government employees, retirees, and eligible dependents, and the School Employees’ Health Benefits Program, which covers qualified local education employees, retirees, and eligible dependents. The Pharmacy Benefits Administrator would pay prescription drug claims and then bill the State of New Jersey for the amounts paid.
Neopolitan and conspirators working under him recruited public employees and other individuals covered by the Pharmacy Benefits Administrator to fraudulently obtain compounded medications from the Compounding Pharmacy without any evaluation by a medical professional that they were medically necessary. In return, the pharmacy paid one of Neopolitan’s conspirators a percentage of each prescription filled and paid by the Pharmacy Benefits Administrator, which was then distributed to Neopolitan and other members of the conspiracy.
Once he had recruited an employee covered by the Pharmacy Benefits Administrator, Neopolitan would obtain the employee’s insurance information and fill out a Compounding Pharmacy prescription form. He would select the compounded medications that paid the most without regard to their medical necessity.
Neopolitan would then get the prescriptions signed by doctors who never evaluated whether the patients had a medical necessity for the compounded medication. The prescriptions were then faxed to Compounding Pharmacy, which filled the prescriptions and billed the Pharmacy Benefits Administrator.
According to the information, the Pharmacy Benefits Administrator paid Compounding Pharmacy over $50 million for compounded medications mailed to individuals in New Jersey.
As part of his plea agreement, Neopolitan must forfeit $198,617.14 in criminal proceeds he received for his role in the scheme and pay restitution of at least $762,519.74.
Neopolitan faces a maximum penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for Jan. 12, 2018.
Nine other conspirators – Matthew Tedesco, Robert Bessey, Michael Pepper, Thomas Hodnett, Steven Urbanski, John Gaffney, Judd Holt, George Gavras, and Richard Zappala – have pleaded guilty to their roles in the scheme and await sentencing.
Acting U.S. Attorney Fitzpatrick credited agents of the FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge Timothy Gallagher in Newark, IRS – Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen in Newark, and the U.S. Department of Labor, Office of Inspector General, under the direction of Special Agent in Charge Michael C. Mikulka in New York, with the investigation leading to the guilty plea. He also thanked the Division of Pensions and Financial Transactions in the State Attorney General’s Office, under the direction of Attorney General Porrino and Division Chief Eileen Schlindwein Den Bleyker, for its assistance in the investigation.
The government is represented by Assistant U.S. Attorneys R. David Walk, Jr. and Jacqueline M. Carle of the U.S. Attorney’s Office in Camden.
Defense counsel: Robert A. Weir Esq., Philadelphia, Pennsylvania
Pacific Western Bank Pays $1.75 Million to Resolve Firrea Allegations Relating to Kinde Durkee Embezzlement SchemeRead the Press Release
FRESNO, Calif. — Pacific Western Bank (“PacWest”) has paid $1.75 million to resolve allegations that First California Bank, which PacWest acquired in 2013, violated Section 951 of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), codified at 12 U.S.C. § 1833a, by facilitating the embezzlement scheme of Kinde Durkee, United States Attorney Phillip A. Talbert announced.
Durkee, a former accountant for political campaigns and nonprofit organizations, controlled hundreds of client accounts held at First California. Over several years, Durkee siphoned millions of dollars from those client accounts to her own operating account at First California via unauthorized check transfers. Durkee pled guilty to federal mail fraud charges in March 2012.
The United States alleges that First California allowed Durkee to carry out her fraud scheme by ignoring obvious warning signs that Durkee was stealing from her clients and by failing to comply with the bank’s internal protocols and procedures designed to prevent and detect fraud. Given these failures by First California, Durkee’s fraud continued unabated for years and resulted in millions of dollars in losses to Durkee’s customers.
“People who commit white collar crimes such as embezzlement, fraud, and money laundering often use the banking system to facilitate their crimes,” U.S. Attorney Talbert said. “The Department of Justice will continue to hold accountable financial institutions that allow such conduct to occur by turning a blind eye to obvious criminal activity.”
“The FBI is committed to protecting the American people by investigating violations of law by all entities, including sophisticated financial institutions,” said Special Agent in Charge Sean Ragan of the FBI Sacramento field office. “One of the FBI's mission priorities is combatting major white-collar crime, and that includes the investigation of not only individuals engaged in fraud, but financial institutions that facilitate such activity.”
“Integrity is a cornerstone of the banking industry,” said Wade V. Walters, Special Agent in Charge, FDIC Office of Inspector General, Office of Investigations, San Francisco Region. “The Federal Deposit Insurance Corporation Office of Inspector General is committed to ensuring that individuals or entities seeking to undermine that integrity will be held accountable.”
This case was the product of an investigation by the Federal Bureau of Investigation and the FDIC Office of Inspector General. Assistant U.S. Attorney Vincente A. Tennerelli represented the United States in this matter.
The claims settled by this agreement are allegations only, and there has been no determination of liability. The settled claims relate exclusively to conduct by First California prior to its acquisition by PacWest Bancorp in 2013.
Oilpro.Com Founder Sentenced to Prison for Hacking into Competitor’s Computer SystemRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that DAVID W. KENT, the founder of professional networking website Oilpro.com (“Oilpro”), was sentenced today in Manhattan federal court to one year and one day in prison for intentionally accessing a protected computer without authorization. The charge stemmed from KENT’s role in repeatedly hacking into a competitor’s database to steal customer information and attempting to sell Oilpro to the same company whose database KENT had hacked. Today’s sentence was imposed by U.S. District Judge Denise L. Cote.
Acting Manhattan U.S. Attorney Joon H. Kim said: “David Kent admitted to hacking into a competitor’s computer network and stealing client data to boost the value of Oilpro, a company he founded. Kent then attempted to sell Oilpro – a company he grew using the stolen information -- to the very company he had hacked. For his criminal attempts to gain an unfair business edge, Kent has now been sentenced to prison.”
In sentencing DAVID W. KENT, Judge Cote said: “This was a betrayal of trust, a breach of loyalty, and a level of deceit and dishonesty that was very sad and disappointing.”
According to the documents filed in this case and statements made in court proceedings:
In or about March 2000, KENT founded a website (“Website-1”) that provides, among other things, networking services to professionals working in the oil and gas industry. Website-1 allows its members to create profiles, which includes personal and professional information. As part of their profiles, members can also upload their resumes. The profiles are contained in a database maintained by Website-1 (the “Members Database”). Members are assigned login credentials (i.e., usernames and passwords) when they create their profiles. Members use these login credentials to access their profiles.
In or around August 2010, KENT sold Website-1 for approximately $51 million to a publicly traded company headquartered in New York, New York (“Company-1”). KENT entered into an employment agreement with Company-1 and agreed to continue to serve as the President of Website-1 after the acquisition. However, KENT left Website-1 in September 2011 and launched Oilpro in October 2013. Like Website-1, Oilpro provides networking services to professionals working in the oil and gas industry. Oilpro is headquartered in Houston, Texas.
Between October 2013 and February 2016, KENT conspired to access information belonging to Website-1 without authorization and to defraud Company-1. KENT accessed the Website-1 Members Database without authorization and stole customer information, including information from over 700,000 customer accounts. KENT then exploited this information by inviting Website-1’s members to join Oilpro. Similarly, one of Kent’s employees at Oilpro who previously worked for Website-1 (“CC-1”) accessed information in Website-1’s Google Analytics account without authorization and forwarded the information to KENT. In the meantime, KENT attempted to defraud Company-1 by misrepresenting during discussions about a potential acquisition of Oilpro by Company-1 that Oilpro had increased its membership through standard marketing methods.
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In addition to the prison term, KENT, 41, of Spring, Texas, was sentenced to three years of supervised release.
Mr. Kim praised and thanked the Federal Bureau of Investigation for their outstanding work. Mr. Kim also thanked the Office of International Affairs and the United Kingdom’s National Cyber Crime Unit (NCCU).
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Sidhardha Kamaraju and Andrew K. Chan are in charge of the prosecution.
New York Return Preparers Charged in Stolen Identity Tax Refund Fraud SchemesRead the Press Release
A federal grand jury in Brooklyn, New York, returned indictments this week separately charging two tax return preparation business owners with stolen identity tax refund fraud, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Bridget M. Rohde for the Eastern District of New York.
The first indictment charges Hakeem Bamgbala, a Brooklyn resident and owner of Kaybamz Inc., a tax preparation business in Brooklyn; Afolabi Ajelero, a Queens resident; and Michael Campbell, a Brooklyn resident, with conspiring to commit aggravated identity theft and aggravated identity theft. Bamgbala and Ajelero also are charged with wire fraud.
The indictment alleges that Bamgbala and Ajelero used stolen IDs to file tax returns with the Internal Revenue Service (IRS) and obtain refunds to which they were not entitled. Bamgbala and Ajelero allegedly purchased tax refund products that allowed them to print client refund checks drawn on a bank account into which the IRS directly deposited the refunds. Bamgbala, Ajelero and Campbell allegedly conspired to deposit these checks into a second bank account and then withdrew the funds.
If convicted, Bamgbala, Ajelero and Campbell face a statutory maximum sentence of five years in prison on the conspiracy charge and a mandatory minimum sentence of two years in prison for the aggravated identity theft counts. Bamgbala and Ajelero also face a statutory maximum sentence of 20 years in prison on each of the wire fraud counts. The three defendants also face a period of supervised release, restitution and monetary penalties.
The second indictment charges Oyeniyi Jaiyesimi, the owner of Pace Financial Services, a tax return preparation business located in Springfield Gardens, with wire fraud, aggravated identity theft and filing fraudulent tax returns. According to the indictment, Jaiyesimi used stolen IDs to file fraudulent tax returns with the IRS and obtain refunds to which he was not entitled. The indictment also alleges that Jaiyesimi filed tax returns for clients that used stolen IDs to fraudulently claim dependents and inflate deductions.
If convicted, Jaiyesimi faces a statutory maximum sentence of 20 years in prison for each count of wire fraud, a mandatory minimum sentence of two years in prison for each count of aggravated identity theft and a statutory maximum sentence of three years in prison for each count of filing a fraudulent return. He also faces a period of supervised release, restitution and monetary penalties.
An indictment merely alleges that crimes have been committed. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Rohde commended special agents of IRS Criminal Investigation, who conducted the investigations, and Trial Attorneys Mark McDonald and Eric Powers of the Tax Division, who are prosecuting these cases.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
New Orleans Couple Pleads Guilty to Making False Statements to a Federally Licensed Firearms DealerRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that BRANDON SMITH, age 29, and CHELSIE WILLIAMS, age 24, both of New Orleans, pled guilty yesterday to making false statements to a federally licensed firearms dealer and possession of a firearm by a convicted felon.
According to court documents, SMITH and WILLIAMS unlawfully possessed and made false statements concerning a rifle.
Both SMITH and WILLIAMS face a maximum term of imprisonment of ten years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment for each count. U.S. District Judge Carl J. Barbier set sentencing for January 11, 2018.
Acting U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives for investigating this matter. Special Assistant U.S. Attorney J. Ryan McLaren is in charge of the prosecution.
Morrisville Man Pleads Guilty to Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK - Michael Caraher, age 27, of Morrisville, New York, pled guilty today to one count of distribution of child pornography, three counts of receipt of child pornography and four counts of possession of child pornography.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Vadim Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Caraher admitted to using a custom-built desktop computer to access child pornography-oriented Internet sites, including at least one on the anonymous “Tor” network, for the purpose of downloading child pornography. Caraher also admitted to using peer-to-peer file-sharing software on a laptop computer to download additional child pornography. Overall, Caraher downloaded and saved over 100 videos and almost one thousand images depicting child pornography. Caraher further admitted to using an instant messaging application on his smartphone to trade the child pornography he had downloaded with other users.
Sentencing is scheduled for February 16, 2018, in Syracuse, New York.
Caraher, who is detained in custody pending sentencing, faces a minimum term of imprisonment of five (5) years on the charges for distribution and receipt of child pornography. Caraher faces a maximum term of imprisonment of twenty (20) years on all eight counts. The Court is also required to impose a term of supervised release between five (5) years and life, and Caraher will be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors
This case was investigated by the Albany Division of the FBI (Syracuse Resident Agency), and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Montville Man Sentenced to 34 Months in Prison for Distributing Heroin, Violating Supervised ReleaseRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that MAASEIYAH WILLIAMS, JR., 22, of Montville, was sentenced yesterday by U.S. District Judge Vanessa L. Bryant in Hartford to 34 months of imprisonment, followed by three years of supervised release, for distributing heroin and for violating the conditions of his supervised release that followed a prior federal conviction.
According to court documents and statements made in court, on December 13, 2016, WILLIAMS began serving a three-year term of federal supervised release in connection with a conviction for possessing with intent to distribute crack cocaine. On April 21, 2017, Judge Bryant placed WILLIAMS on home detention with location monitoring, pending a full compliance review hearing, after the Norwich Police Department arrested WILLIAMS on motor vehicle and firearms-related charges on April 15.
On April 25 and again on May 13, WILLIAMS sold heroin to individuals at his Uncasville residence. On May 23, law enforcement officers executed a search warrant at WILLIAMS’s residence and seized 13 bags of heroin packaged for sale.
WILLIAMS has been detained since his federal arrest on May 23, 2017. On July 6, he pleaded guilty to one count of possession with intent to distribute heroin.
Judge Bryant sentenced WILLIAMS to 16 months of imprisonment for distributing heroin, and a consecutive 18 months of imprisonment for violating the conditions of his supervised release.
The state charges against WILLIAMS stemming from his April 15 arrest are pending.
This matter was investigated by the Federal Bureau of Investigation and the Norwich, Waterford, Montville and Groton Town Police Departments. The case was prosecuted by Assistant U.S. Attorneys Sarah P. Karwan and Anthony E. Kaplan.
Mobridge Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mobridge, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Rene DeLeon, Jr., age 41, was indicted on August 22, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 6, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum of 5 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between March 1, 2014, and April 14, 2014, as well as between October 1, 2015, and February 28, 2016, DeLeon, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction for sexual assault of a child, knowingly failed to register and update his registration.
The charges are merely accusations and DeLeon is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
DeLeon was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mexican National Charged with Illegal ReentryRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that SALVADOR TENOCO-RODRIGUEZ, age 40, a citizen of Mexico, was charged yesterday in a one-count Bill of Information with illegal reentry of a removed alien after deportation, in violation of Title 8 U.S.C. Section 1326(a) and (b)(2).
According to the Bill of Information, TENOCO-RODRIGUEZ reentered the United States on or about August 29, 2017, after having been previously removed therefrom on or about October 27, 2006.
If convicted, TENOCO-RODRIGUEZ faces a maximum term of imprisonment of twenty years, a fine of up to $250,000, three years supervised release after imprisonment, and a $100 special assessment.
Acting U. S. Attorney Evans reiterated that a Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
Acting U.S. Attorney Evans praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
Methadone Clinic Pays Civil Penalty to Settle Alleged Controlled Substances Act ViolationsRead the Press Release
ATLANTA – MBA Wellness Centers, LLC, a methadone clinic located in Stockbridge, Georgia, has agreed to pay a civil settlement of $100,000 to resolve allegations that it violated the recordkeeping requirements of the Controlled Substances Act. MBA Wellness Centers, LLC, also has agreed to additional oversight from the DEA.
“Dispensing controlled substances without providing a valid prescription risks patient health and safety, and creates a risk that those substances will not be used for legitimate medical purposes,” said U.S. Attorney John Horn. “At a time when our district and the nation are facing a growing problem with the illegal diversion of controlled substances, our office is committed to enforcing the requirements of the Controlled Substances Act.”
Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Field Division commented, “MBA Wellness Centers, LLC spun a web of deception when it failed to maintain accurate recordkeeping of its inventory. Such careless behavior allows for substances to be diverted and sold on the black market with no true measure of accountability. This civil penalty is a proactive step that DEA Diversion and its federal, state and local partners can take to discourage other negligent Narcotic Treatment Programs from engaging in such behavior.”
The government alleges that MBA Wellness Centers, LLC, failed to keep accurate records of controlled substances and dispensed controlled substances to patients without a valid prescription from a physician. The claims settled are allegations only, and there has been no determination of liability.
Congress enacted the Controlled Substances Act, 21 U.S.C. §§ 801-904, to deter the illegal importation, manufacture, distribution, possession, and improper use of controlled substances, including prescription medications. Under the Controlled Substances Act, individuals and entities registered with the DEA are required to maintain complete and accurate records of all controlled substances and security systems so that no controlled substances are lost, stolen, or inappropriately dispensed. Violations of the recordkeeping requirements subject DEA registrants to civil monetary penalties of up to $14,502 for each violation. Dispensing a controlled substance without a valid prescription from a practitioner subjects DEA registrants to civil monetary penalties of up to $62,500 for each violation.
This case was investigated by Diversion Investigators from the Drug Enforcement Administration.
The civil settlement was reached by Assistant U.S. Attorneys David O’Neal and Lena Amanti.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Mescalero Apache Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Russel Patrick Bearshield, 30, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to an assault charge.
The BIA arrested Bearshield on June 23, 2017, on a criminal complaint charging him with assaulting a Mescalero Apache woman on Sept. 9, 2016, on the Mescalero Apache Indian Reservation in Otero County, N.M. According to the complaint, Bearshield assaulted the woman by throwing a television at her and punching, striking and kicking her in the face.
During yesterday’s proceedings, Bearshield pled guilty to a felony information charging him with assault resulting in serious bodily injury. In entering the guilty plea, Bearshield admitted that on Sept. 9, 2016, he assaulted the victim by punching her several times with a closed fist. Bearshield further admitted that as a result of the assault, the victim suffered a fractured orbital bone which required surgery.
At sentencing, Bearshield faces a statutory maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Member of Grape Street Crips Gang Admits Murder, Attempted Murder as Part of Racketeering ConspiracyRead the Press Release
NEWARK, N.J. – A high-ranking member of the New Jersey set of the Grape Street Crips today admitted his role in orchestrating a murder, participating in a separate attempted murder, and conspiring to distribute crack-cocaine, Acting U.S. Attorney William E. Fitzpatrick announced.
Rashan Washington a/k/a “Shoota,” 30, pleaded guilty before U.S. District Judge Madeline Cox Arleo in Newark federal court to five counts of a sixth superseding indictment charging him with murder and attempted murder as part of a racketeering conspiracy, conspiracy to commit aggravated assault in aid of racketeering, conspiracy to possess a firearm, conspiracy to distribute 280 grams or more of crack-cocaine, and participating in a continuing criminal enterprise.
According to documents filed in this case and statements made in court:
Washington admitted that he orchestrated the murder of person identified as “Victim-5” in the indictment. On Nov. 12, 2013, Washington purposely left Victim-5 alone inside of a blue Jeep Cherokee knowing that another gang member intended to shoot and kill Victim-5. Washington admitted that, after he set up Victim-5 in the Jeep Cherokee, another gang member shot Victim-5 once in the head, killing him. Afterwards, Washington was promoted to the rank of “G,” of “Gangster,” within the N.J. Grape Street Crips.
As charged in the pending sixth superseding indictment, the gang’s leader, Corey Hamlet, a/k/a “C-Blaze,” 41, of Newark, ordered Victim-5’s murder. Hamlet and other gang members believed that Victim-5 had been disloyal by setting up a meeting at the Mall at Short Hills in Millburn, New Jersey, in an attempt to end a long-running feud between Hamlet and a person identified in the indictment as “Victim-1,” a rival.
After the Short Hills meeting, Hamlet used a social media account to post a report from the Essex County Prosecutor’s Office purportedly indicating that Victim-1 had provided a statement to law enforcement. Just three days after Hamlet’s social media post, gang members – acting on Hamlet’s orders – repeatedly shot and nearly killed Victim-1 and another individual identified in the indictment as “Victim-4,” a bystander who was inside Victim-1’s car. Following the attempted murder of Victim-1, Hamlet ordered Washington and another gang member to murder Victim-5.
Washington also admitted that on Oct. 7, 2013, he and other gang members sought to avenge the murder of a fellow gang member by individuals from a rival gang. Washington and others travelled to the area of Avon Avenue in Newark where one of Washington’s fellow gang members discharged 14 rounds in an attempt to shoot members of the rival gang. After returning to their staging area after the shooting, Washington fled law enforcement who attempted to arrest him and his fellow gang members.
Under the terms of the plea agreement, which has been accepted by the Court, Washington will be sentenced to 30 years in prison and 10 years of supervised release. Sentencing is scheduled for Feb. 2, 2018.
Acting U.S. Attorney Fitzpatrick credited special agents of the Drug Enforcement Administration (DEA), under the direction of Special Agent in Charge Carl J. Kotowski, and special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher, with the investigation. Acting U.S. Attorney Fitzpatrick also thanked prosecutors and detectives of the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Robert D. Laurino, police officers and detectives of the Newark Department of Public Safety, under the direction of Director Anthony F. Ambrose, and the Essex County Sheriff’s Office, under the direction of Armando B. Fontoura, for their work on the investigation.
The government is represented by Assistant U.S. Attorneys Osmar J. Benvenuto and Barry Kamar of the District of New Jersey’s Criminal Division, as well as Richard J. Ramsay of the Office’s Appeals Division in Newark.This case was conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF) and the FBI’s Safe Streets Task Force, a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations and those primarily responsible for the nation’s illegal drug supply.
Defense Counsel: Pasquale F. Giannetta, Esq., Newark, New Jersey
Melrose Accounting Executive Pleads Guilty to Tax and Fraud ConspiracyRead the Press Release
BOSTON – The former principal of a Boston-area accounting firm pleaded guilty today in federal court in Boston to conspiring with the former president of a Gloucester seafood processing company and other executives to defraud the company and its majority shareholder, and to avoid paying taxes on the proceeds.
Michael Bruno, 62, of Melrose, pleaded guilty to conspiring to defraud the Internal Revenue Service and to commit wire fraud. U.S. District Court Judge Denise J. Casper scheduled sentencing for March 8, 2018.
Between approximately 1999 and 2015, Bruno, who also served as a member of the seafood processor’s board of directors, conspired with three executives of the company - its president, head of operations and a senior sales executive - to divert money from the company and its majority shareholder to the three executives. As part of the scheme, the conspirators caused the seafood professor to retain a temporary labor company, Continental Labor Team, purportedly to provide temporary workers for the seafood processor’s facility in Gloucester. In fact, however, Continental was controlled by the seafood processor’s president, and it was employees of the seafood processor who recruited the temporary workers, handled their employment applications and otherwise dealt with issues relating to their employment. Continental’s profits from the seafood processor - its sole customer - were deposited into accounts controlled by the seafood processor’s president and distributed by him to the other two executives, or to corporate entities they controlled, which performed no services in exchange for those payments.
Bruno, whose accounting firm prepared tax returns for the seafood processor, its president, and the corporate entities controlled by the other executives, also acknowledged conspiring with the executives to understate their income on federal tax returns.
The charging statute provides for a sentence of no greater than five years in prison, three years of supervised release, a fine of up to $250,000, or twice the gross gain or loss caused by the offense, and mandatory restitution. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorneys Stephen E. Frank and Brian A. Pérez-Daple of Weinreb’s Criminal Division are prosecuting the case.
Massachusetts Man Arrested and Charged with Cyberstalking Former RoommateRead the Press Release
Boston - A Massachusetts man was arrested last night on charges that he conducted an extensive cyberstalking campaign against his former roommate, a 24-year-old Massachusetts woman, as well as her friends, family members, and other associates.
Ryan S. Lin, 24, of Newton, was charged with one count of cyberstalking and will appear in U.S. District Court in Boston later today for an initial appearance.
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, allegedly hacked into the victim’s online accounts and devices, stealing private photographs, personally identifiable information, and private diary entries that contained highly sensitive details about her medical, psychological and sexual history. It is alleged that Lin then distributed the victim’s private photographs and diary entries to hundreds of others.
Lin allegedly 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 to show up at her home. In addition, it is alleged that Lin falsely and repeatedly reported to law enforcement that there were bombs at the victim’s Waltham residence. Lin 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.
“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 United States Attorney William D. 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.”
“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 Kenneth A. Blanco of the Justice Department’s Criminal Division. “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.”
“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 Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “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 Waltham Police Chief Keith D. 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.”
The charging statute provides for a sentence of no greater than five years in prison and three years of supervised release. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney Weinreb, Acting Assistant Attorney General Blanco, FBI SAC Shaw, and Waltham Police Chief MacPherson made the announcement today. The U.S. Attorney’s Office would also like to thank the Middlesex County District Attorney’s Office and Watertown, Newton and Wellesley Police Departments. Assistant U.S. Attorney Amy Harman Burkart of Weinreb’s Cybercrime Unit and Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section are prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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.