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23 May 2017
Indianapolis gang members indicted on federal racketeering chargesRead the Press Release
The “MOB Gang” allegedly responsible for a number of area pharmacy robberies taking prescription narcotics for street sale
PRESS RELEASE
Indianapolis--United States Attorney Josh J. Minkler, today announced the indictment of nine individuals in an investigation into an Indianapolis street gang known as The Mob. The indictment charges six of these defendants with violations of the Racketeer Influenced and Corrupt Organizations statute, which the U.S. Attorney’s Office used in 2013 to successfully prosecute members of the Outlaws Motorcycle Club.
“Today’s defendants made a living terrorizing the citizens of Indianapolis by robbing local pharmacies, then selling the drugs on the street,” said Minkler. “Their reign of terror is over and now face the hammer of federal law enforcement.”
The indictment alleges that members of The Mob robbed numerous Indianapolis-area pharmacies and distributed the stolen prescription drugs on the street. The indictment alleges that members of The Mob committed at least twenty-four pharmacy robberies from December 2014 through June 2016. The Mob, which operated near the area of 40th and Boulevard Place in Indianapolis, commonly robbed opiate prescription drugs, including OxyContin, Percocet, and Roxicodone, which could be illegally sold on the street for up to $15 per tablet. In many of the robberies, thousands of pills and tablets were stolen.
The indictment further alleges the gang used violence and the threat of violence to protect their territory through the use of social media. Members of the gang followed a code of silence (COS) forbidding members from providing information to law enforcement about their illegal activities. Members who violated the COS were met with threats of violence.
Members of The Mob enterprise secured accomplices for the robberies from a particular pool of individuals, some included members of the gang and lower-level associates known as “peons.” Soon after the robberies, members of the gang would upload boastful posts on social media of their crimes and advertise the stolen drugs for street sale.
Those arrested include:
Larry Warren, a/k/a Bayboy, 19
Miguel Chambers,a/k/a Mick, 20
Kye Jackson, a/k/a Fatty, 22
Anthony Jackson, a/k/a Ace, 19
Devon Taylor, 20
Alphonse Turner, a/k/a Weezy, 24
Justin Rudolph, 23
John Doe, a/k/a Toro, Tote
Fugitive:
Duwan Byers, a/k/a Rockhead, 21
juveniles were also arrested, but their names are being withheld until formal adult charges are filed.
Minkler further stated his office has prosecuted 35 defendants for pharmacy robberies at 62 pharmacies in and around Marion County and Central Indiana.
This case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives the Bloomington, Indiana Police Department and the Indianapolis Metropolitan Police Department.
“Because of the collective law enforcement work of our federal partners and IMPD, we have taken some extremely dangerous individuals off of the streets of Indianapolis,” said Chief Bryan Roach. “The allegations detailed in the charging documents are examples of the investigative focus on violence in Indianapolis. We are appreciative of the collective impact that allows such success.”
Indiana Man Pleads Guilty to Charges Relating to a Kickback Scheme at the John Cochran VA CenterRead the Press Release
St. Louis, MO – Tony Pedretti, 43, of Whiting, Indiana, admitted to his role in a kickback scheme that ran for three years while he supervised the HVAC shop and the John Cochran Veterans Administration Medical Center in St. Louis from 2012 to 2015. Pedretti appeared before Judge Audrey G. Fleissig in St. Louis. Judge Fleissig accepted his plea and set his sentencing for September 7, 2017.
According to the plea agreement, Pedretti conspired with Scott Geary, David Graham and others to collect kickbacks for work done at the HVAC shop. Pedretti was authorized to pay up to $2500 to outside contractors without prior approval and most of the jobs involved in the scheme were near that limit. It was a part of the parties’ agreement that, for each job, Pedretti would receive a cash kickback. In all, Pedretti admitted that more than $270,000 in work was let by him in furtherance of the kickback scheme.
Scott Geary has already pleaded guilty to his role in the scheme and awaits sentencing. Graham is a co-defendant with Pedretti and is awaiting trial of his case. Pedretti faces up to five years imprisonment and a fine of up to $250,000 for his conspiracy conviction.
This case was investigated by the United States Department of Veterans Affairs – Office of the Inspector General and the FDIC – Office of the Inspector General. Assistant United States Attorney Tom Albus is handling the case for the U.S. Attorney’s Office.
Houston-Area Psychiatrist Convicted of Health Care Fraud for Role in $158 Million Medicare Fraud SchemeRead the Press Release
A federal jury convicted a Houston-area psychiatrist today for his role in a $158 million Medicare fraud scheme.
Acting Assitant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Abe Martinez of the Southern District of Texas, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office, Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services-Office of Inspector General’s (HHS-OIG) Dallas Region, Special Agent in Charge D. Richard Goss of Internal Revenue Service-Criminal Investigation’s (IRS-CI) Houston Field Office, Special Agent in Charge Kristin Osswald of the Railroad Retirement Board Office of Inspector General’s (RRB-OIG) Chicago Regional Office and the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU) made the announcement.
After a five-day trial, Riaz Mazcuri, 65, of Harris County, Texas, was convicted of one count of conspiracy to commit health care fraud and five counts of health care fraud. Sentencing has been scheduled for Oct. 10, 2017, before U.S. District Judge Vanessa D. Gilmore of the Southern District of Texas, who presided over the trial.
According to evidence presented at trial, from 2006 until February 2012, Mazcuri and others engaged in a scheme to defraud Medicare by submitting to Medicare, through Riverside General Hospital (Riverside), approximately $158 million in false and fraudulent claims for partial hospitalization program (PHP) services. A PHP is a form of intensive outpatient treatment for severe mental illness.
The evidence presented at trial showed that Mazcuri participated in a scheme by which Riverside paid bribes and kickbacks to group home owners and nursing home employees in exchange for sending Medicare patients to Riverside’s PHPs. Mazcuri indiscriminately admitted and readmitted these patients into these intensive psychiatric programs – often for years on end – many of whom suffered from severe Alzheimer’s or dementia and were unable to participate in the treatment purportedly provided at the PHPs, and who therefore did not qualify for the services, the evidence showed.
In addition, evidence presented at trial showed that Mazcuri rarely saw patients and that he visited the PHPs briefly every week or so to sign documents and briefly see patients. Additionally, Mazcuri falsified medical records and signed false documents purporting to show that patients admitted to the PHPs qualified and required the intensive psychiatric services, the evidence showed. Evidence also showed that Riverside did not actually provide the intensive, psychiatric treatment that a PHP is supposed to provide and falsified documentation to make it appear to Medicare that intensive treatment was being provided to qualifying patients.
Evidence at trial demonstrated that Mazcuri personally billed Medicare for over $4.5 million for psychiatric treatment he purportedly provided to Riverside’s PHP patients. Mazcuri’s signature on patient documents enabled Riverside to bill Medicare for $55 million of the total $158 million that Riverside billed Medicare for fraudulent psychiatric services, the evidence showed.
To date, 15 others have been convicted of offenses based on their roles in the fraudulent scheme. These include Earnest Gibson III, the former president of Riverside; Earnest Gibson IV, the operator of one of Riverside’s PHP satellite locations; Regina Askew, a group home owner and patient file auditor; and Robert Crane, a patient recruiter, all of whom were convicted after a jury trial in October 2014. Earnest Gibson III was sentenced to 45 years in prison. Earnest Gibson IV was sentenced to 20 years in prison. Regina Askew was sentenced to 12 years in prison. Robert Crane has not yet been sentenced. Mohammad Khan, an assistant administrator at the hospital, who managed many of the hospital’s PHPs, pleaded guilty and was sentenced to 40 years in prison. Sharon Iglehart, a physician, was also convicted after a jury trial in August 2015. She was sentenced to 12 years in prison. Walid Hamoudi, a physician, pleaded guilty in August 2015. He was sentenced to five years in prison.
The case was investigated by the FBI, HHS-OIG, IRS-CI RRB-OIG and the MFCU, and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Texas. The case is being prosecuted by Assistant Chief Ashlee McFarlane and Trial Attorneys Kevin Lowell and Aleza Remis of the Fraud Section.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 3,000 defendants who have collectively billed the Medicare program for more than $11 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Hanover Man Pleads Guilty to Witness Tampering and Agrees to Pay $171,831 to Settle False Claims Act ViolationRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David K. Shaqfeh, age 49, of Hanover, Pennsylvania, pleaded guilty on May 18, 2017, before U.S. District Judge Christopher C. Conner to tampering with a witness. No date has been set for sentencing.
According to United States Attorney Bruce D. Brandler, Shaqfeh solicited and encouraged an unidentified witness to give a false statement about supplemental rent payments Shaqfeh received during 2014 and 2015, for a U.S. Department of Housing and Urban Development (HUD) subsidized rental property in Levittown, Pennsylvania, to investigators from the HUD Office of Inspector General.
In the agreement to settle the False Claims Act violations, the United States alleged that Shaqfeh participated as a landlord in the Housing Choice Voucher Program (HCVP) and solicited and received unauthorized side payments from a HCVP participant over and above the authorized rent. HCVP is a program whereby the HUD provides rental subsidies for eligible low-income tenants who locate acceptable rental units on the private market.
The settlement agreement resolves allegations that Shaqfeh submitted a request for tenancy approval to HUD for a HCVP tenant, which was not approved because the rent exceeded the maximum initial rent burden under HUD guidelines. Thereafter, Shaqfeh submitted another request for tenancy approval to HUD for the same HCVP participant with a lower rent amount, which was approved by HUD. However, Shaqfeh continued to collect additional side payments from the HCVP participant to make up for the lower lease amount. HUD’s payments to Shaqfeh were contingent upon his certification that he would only charge the amount of rent approved by HUD and not receive additional rent payments from the HCVP participant. Additionally, HUD would not have paid Shaqfeh on two other HUD contracts had it known he was charging an HCVP participant additional rent on another HUD contract. Shaqfeh has paid $171,831 to resolve allegations that he violated the False Claims Act.
The case was investigated by the U.S. Department of Housing and Urban Development’s, Office of Inspector General. Assistant United States Attorneys Kim Douglas Daniel and Melissa Swauger are prosecuting the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Grand Jury Indicts Five for Robbing PharmaciesRead the Press Release
DAYTON – A federal grand jury returned two indictments today charging five people with robbing two Middletown pharmacies and stealing prescription drugs including morphine, oxycodone and hydrocodone for the purpose of selling the drugs on the street.
Benjamin C. Glassman, U.S. Attorney for the Southern District of Ohio, Angela Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Office and Middletown Police Chief Rodney Muterspaw announced the indictments.
The grand jury charged two Dayton men, Calvin Cavonte Tribble, 19, and Savon Anthony Davis, 23, 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 alleges that three Indianapolis men, Eric Lamont Bates, 20, Yasar Jamal Burnett, 18, and Brandon Lee Dawson, 19, conspired to rob another Middletown pharmacy of morphine and oxycodone on April 29, 2017.
The grand jury charged the defendants with conspiracy, robbery by force, interference with commerce by threats of violence, and possession with intent to distribute the drugs. Each crime is punishable by up to 20 years imprisonment.
Middletown police arrested the defendants on the date of the robberies and filed state charges. All defendants appeared in federal court. Davis was released with conditions. The other four are being held without bond pending trial.
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 Smith and Brent Tabacchi, who are representing the United States in the case.
An indictment contains allegations. All defendants should be presumed innocent until and unless proven guilty in court.
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Gang Leader Sentenced to more than a decade in Prison for Violent Extortion of Business OwnersRead the Press Release
ATLANTA – Eugene Chung has been sentenced to ten years, six months in prison on federal extortion charges. Chung was the leader of a Gwinnett County, Georgia, gang that specialized in the violent collection of debts from business owners in the Korean-American community. Chung and his gang also shook down business owners for “protection payments” and engaged in other criminal conduct including drug trafficking, firearms offenses, and gambling. Chung earlier pled guilty to two counts of interfering with commerce by extortion. Four other members of Chung’s gang were also convicted of federal extortion offenses.
“Chung carefully cultivated his reputation for violence, and profited from that reputation by victimizing our Korean-American community,” said U.S. Attorney John Horn. “He bragged that he and his associates were ‘professionals’ at extortion and that harming their victims was one more way to get people to pay. The community is safer now that he and his fellow gang members are off the streets.”
“Mr. Chung counted on the silence of his many victims within the Korean community as he beat and extorted them. This case, and sentencing of Mr. Chung to federal prison, came about from brave and informed community members who understood their rights and were willing to stand up for those rights by working with our federal agents and federal prosecutors in order to put a stop to Mr. Chung and his gang. The FBI thanks those individuals for their efforts as they now enjoy a safer community due primarily to their own actions and willingness to get involved,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
According to U.S. Attorney Horn, the charges, and other information presented in court: In about July 2009, Chung and his crew visited a Korean restaurant in Gwinnett County, Georgia, and demanded a monthly share of the restaurant’s profits from the bar’s owner (referred to as “Victim # 1” in the indictments) in exchange for “protection.” Chung promised that, unless Victim #1 made the demanded payments, Chung and his crew would assault Victim #1, harass his customers and employees, and otherwise damage the restaurant. To reinforce their threats, Chung told Victim #1 that his crew routinely carried firearms and terrorized other Korean businesses in the community.
Over the next four months, Chung and his criminal associates strong-armed Victim #1 into making monthly protection payments, ranging from $400 to $800. On December 16, 2009, after Victim #1 missed making a monthly payment, Chung, Vorasith, and Kim showed up at the restaurant, assaulted Victim #1 in one of the restaurant’s karaoke rooms, and demanded payment. Chung threatened to kill Victim #1 if he did not pay. Chung pulled out a semiautomatic pistol, pointed it at Victim #1, and threatened to pull the trigger. Vorasith punched Victim #1 in the face, breaking his nose and knocking him unconscious.
Shortly after the December 16 assault, the FBI opened an investigation, and Victim #1 resumed making protection payments under FBI surveillance, including two payments that were made to Kim for Chung.
On March 10, 2010, Victim #1 introduced an FBI undercover agent to Chung, Vorasith, and Lee. The undercover agent (referred to as “the patron” in the indictments) posed as a wealthy businessman who was said to be Victim #1’s uncle and who purported to be interested in buying large quantities of marijuana. During the recorded meeting, Chung explained to the patron that he ran a marijuana distribution business and offered a menu of other illegal services as well, including gambling, extortion, and debt collection services.
Chung offered to help the patron if he ever needed money collected and stated, “If you need us to beat up anybody, we’re professionals at that.” Chung added that he and his associates were “best at making people crippled,” and said they could also make people “permanently limp, blind, or deaf.” Upon hearing that the patron supposedly was owed $200,000 by a businessman in Houston, Texas, who was behind in payments (and who was actually an undercover FBI Special Agent as well), Chung offered to collect the debt.
In July 2010, Chung and Lee had a series of recorded in-person meetings and telephone calls with the patron in which they planned to forcibly collect the debt from the Texas businessman. Chung offered to get 20 to 30 guys ready for the job, and he said that the businessman was “sure to pay” because his crew was “really good at collecting money” and the businessman would be “scared.” Chung accepted a $2,000 advance payment.
When the patron asked Chung not to break the businessman’s legs, Chung quipped that that sometimes “happens,” but usually was not necessary because his guys were good at making victims think they were going to be killed. Chung further observed that “people in Atlanta know if you don’t pay you get killed,” and that if the businessman did not pay, they would show up at his office in Texas.
On July 21, 2010, Chung, Vorasith, Choi, and Lee rode together with the patron to Atlanta Hartsfield-Jackson Airport where they believed the Texas businessman was catching a connecting flight. Chung, Vorasith, Choi, and Lee approached the businessman, who was sitting at a restaurant table in the airport’s atrium. While being recorded, Chung and his crew surrounded the table. Chung ordered the businessman to repay the patron and threatened to visit the businessman and his wife at their home in Texas if he did not pay. Chung told the businessman if “you don’t pay,” Chung’s crew “can’t eat.” The businessman handed $5,000 to the patron as well as his Rolex watch. Chung later obtained the businessman’s telephone number from the patron.
In September 2010, Chung left several recorded voice messages in which he threatened the businessman and his family. Chung eventually spoke with the businessman by telephone and reiterated those threats. A few days after that, Chung and Vorasith accepted a $1,000 payment for their efforts in attempting to collect the debt.
Chung, Choi, and Lee also sold drugs and guns to undercover agents throughout 2010 and 2011.
On September 17, 2013, a federal grand jury in Atlanta returned a 13-count indictment charging the defendants with extortion, drug trafficking, and firearms offenses. Each of the five defendants was convicted and sentenced (or is awaiting sentencing) as follows:
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Ye El (“David”) Choi, 33, of Norcross, Georgia, pleaded guilty on February 13, 2015, via plea agreement, to one count of conspiracy to interfere with commerce by extortion. On June 16, 2017, Choi will be sentenced by U.S. District Judge Timothy C. Batten, Sr.
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Athith (“Andy”) Vorasith, 36, of Auburn, Georgia, pleaded guilty on February 4, 2016, via plea agreement, to two counts of interfering with commerce by extortion. On July 11, 2016, Vorasith was sentenced to seven years, three months in prison, to be followed by three years of supervised release. Vorasith was also ordered to pay restitution of $8,500 to Victim # 1.
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Eugene Thomas Chung, 43, of Duluth, Georgia, pleaded guilty on February 4, 2016, via plea agreement, to two counts of interfering with commerce by extortion. On May 19, 2017, Chung was sentenced to ten years, six months in prison, to be followed by three years of supervised release. Chung was also ordered to pay restitution of $8,500 to Victim # 1.
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Thomas Jungwon (“Tommy”) Lee, 36, of Duluth, Georgia, pleaded guilty on February 16, 2017, via plea agreement, to one count of interfering with commerce by extortion. On May 16, 2017, Lee was sentenced to a time-served sentence, which amounted to one year, ten months in prison, followed by three years of supervised release, to include 160 hours of community service.
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Jong Sung (“John”) Kim, 52, of Suwanee, Georgia, went to trial and was convicted by a jury on March 2, 2017, on two counts of interfering with commerce by extortion. Kim was acquitted on two other extortion counts, including a conspiracy count. Kim will be sentenced by U.S. District Judge Batten on June 5, 2017.
This case was investigated by the Federal Bureau of Investigation.
This case was prosecuted by Assistant U.S. Attorney John S. Ghose, former Assistant U.S. Attorney Ryan Scott Ferber, First Assistant U.S. Attorney Kurt R. Erskine, and Emory Law School Extern Joshua E. Orlan.
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.
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Gang Leader Sentenced to Nearly 20 Years in Prison for Gang-Related Violence and Shootings in Northwest DetroitRead the Press Release
DETROIT – A leader of the Band Crew street gang was recently sentenced to nearly 20 years in prison for his role in gang-related attempted murders, robberies, and shootings. An associate of the Band Crew street gang was also sentenced to nearly seven years in prison for his role in the gang’s criminal activities. Corey Deandre Mapp, a/k/a Lil Corey, 23, and Mario Perkins, a/k/a Rio, both of Detroit, were sentenced following their guilty pleas to RICO conspiracy, assault with a dangerous weapon in aid of racketeering, and use and carry of a firearm during and in relation to a crime of violence. Mapp and Perkins both pleaded guilty in late 2016, before Chief U.S. District Judge Denise Page Hood of the Eastern District of Michigan.
Acting U.S. Attorney Daniel L. Lemisch of the Eastern District of Michigan, Special Agent in Charge Robin Shoemaker of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Detroit Field Division, and Chief James Craig of the Detroit Police Department made the announcement.
“These convictions and sentences are particularly important since Mr. Mapp was a leader of the gang, participated in shootings, and encouraged this violence to occur, which included Mr. Perkins participation in gang-related shootings and violence” said Acting U.S. Attorney Lemisch. “We believe these sentences send a strong message of deterrence to those who may want to pursue the gang lifestyle.”
“These sentences are the culmination of countless hours of dedicated work by ATF agents and our law enforcement partners,” said Special Agent in Charge Shoemaker. “ATF will continue to aggressively target and dismantle criminal enterprises threatening the safety of Detroit’s citizens.”
According to court documents, Band Crew was an association comprised of smaller gangs, including Constantly Making Hundreds (CMH), Young N Crispy (YNC), Pushit (or Pusha) Boy Family (PBF), and Family Over Everything Love is Forever (FOE Life). Band Crew operated in northwest Detroit, and the gang’s members claimed this area as their territory by “tagging” buildings with gang-related graffiti, including markings such as “#22 BandCrew,” “BAND CREW,” “22 BAND CREW,” “YNCMH” and “PBF.” Band Crew members and associates worked to defend their territory, to promote and maintain the status and reputation of the gang, and to engage in or threaten violence in retaliation for perceived wrongs. Band Crew’s specific base of operation in northwest Detroit was in the area in and around Seven Mile Road, with Southfield Freeway to the west, West McNichols Road to the south, Eight Mile Road to the north, and Greenfield Road to the east. The gang members claimed this area as “Band Crew Territory.”
Mapp, Perkins, and their co-defendants were responsible for a multitude of crimes that took place in and around Northwest Detroit. Mapp and Perkins, according to plea agreements and court documents, directly participated or encouraged acts of assault with intent to murder, home invasions, aggravated assaults, shootings in public places, drug dealing, and robberies. Mapp’s criminal conduct spanned the duration from Band Crew’s inception until he and his co-defendants were arrested in the fall of 2015.
All defendants charged in the indictment have been convicted. In addition to Mapp and Perkins, six other members, leaders, and associates of the Band Crew, all of Detroit, have pleaded guilty to charges related to racketeering, assault a dangerous weapon in aid of racketeering, or other weapons offenses. The remaining Band Crew members are scheduled to be sentenced over the next three months.
A very important component to the federal prosecution was earlier successful state prosecutions by the Wayne County Prosecutor’s Office of a number of Band Crew members for specific violent state felony offenses that served as a foundation to the federal Racketeering Conspiracy.
The arrests and convictions in this case are, in part, the result of the Detroit One Initiative, a collaborative effort between law enforcement and the community to reduce homicide and other violent crime in Detroit. Through the lead efforts of the Comprehensive Violence Reduction Partnership Task Force, which consists of representatives of the ATF, Detroit Police Department, Michigan State Police, Michigan Department of Corrections and FBI, law enforcement authorities linked various acts of violence in Detroit to the Band Crew street gang, and identified the leaders and key members of the gang, who now have been held accountable. This prosecution was also part of a larger coordinated effort to address ongoing gang violence in Northwest Detroit. During the time of the Band Crew investigation, federal law enforcement and the U.S. Attorney’s Office also investigated, prosecuted, and convicted members of the RTM street gang, chief rival to the Band Crew.
The ATF and Detroit Police Department investigated the case. Assistant U.S. Attorney John N. O’Brien of the Eastern District of Michigan and Assistant U.S. Attorney Jeremy R. Jehangiri of the District of South Dakota prosecuted the case.
Four Indicted for Illegal Re-entry into the United StatesRead the Press Release
PROVIDENCE – A federal grand jury in Providence returned indictments charging four individuals with illegal re-entry into the United States. The defendants were previously deported and allegedly re-entered the country without the permission of the United States government.
The indictments are announced by Acting United States Attorney Stephen G. Dambruch and C.M. Cronin, Field Office Director for United States Immigration and Customs Enforcement.
On May 18, 2017, a federal grand jury returned indictments naming
- Fernando Cortez Cuevas, 40, of Attleboro, MA. Cuevas, a citizen of Mexico, was previously deported in 2007, having been convicted on felony drug charges and on an obstruction charge. He was most recently arrested by Rhode Island State Police in April 2017 and ordered detained at the ACI on an obstruction charge;
- Rosendo Gonzalez Perez, 27, of Providence, RI. Perez, a citizen of Guatemala, was previously deported in 2009 and 2012. Perez was most recently arrested on April 19, 2017, by the Pawtucket Police Department on a motor vehicle violation;
- Jose Mercedes Leon, 47, address unknown. Leon, a citizen of the Dominican Republic, previously convicted on drug, assault and fraud charges, and deported in 1999, 2002, 2011, was convicted in Rhode Island in January 2017 on a state felony drug charge; and
- Angel Matos, 56, address unknown. Matos, a citizen of the Dominican Republic, previously convicted on multiple drug trafficking and assault charges, was previously deported in 1992, 1997, and 2006. He was recently released from the ACI, having been convicted and sentenced in June 2011 on a felony assault charge.
The cases are being prosecuted by Assistant U.S. Attorney Zechariah Chafee, Border Security coordinator for the United States Attorney’s Office for the District of Rhode Island.
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Four Armed Drug Traffickers Ordered to PrisonRead the Press Release
McALLEN, Texas – The final two of four men involved in stealing 246 kilograms of marijuana, some of whom also conspired to carry and use a firearm during and in relation to that crime, have been ordered to prison, announced Acting U.S. Attorney Abe Martinez.
Mexican national Arturo Guadalupe Saldivar-Abrego, 30; Eliezer Jesus Vela, 39; of Pharr; and Luis Angel Gonzalez, 21, and Nery Gonzalez Jr., 29, both of Edinburg, pleaded guilty to one count of possession with intent to distribute a controlled substance. Saldivar-Abrego, Gonzalez and Gonzalez Jr. also pleaded to conspiracy to carry and use a firearm during and in relation to a drug offense.
Today, U.S. District Judge Randy Crane ordered Gonzalez to serve a 180-month sentence, while Gonzalez Jr. will serve 207 months in federal prison. Judge Crane previously sentenced Saldivar-Abrego and Vela to 96 and 60 months, respectively. Vela, Gonzalez and Gonzalez Jr. will also serve four years of supervised release following completion of the prison terms. Not a U.S. citizen, Saldivar-Abrego is expected to face deportation proceedings following his release from prison.
On Oct. 9, 2015, a vehicle containing approximately 246 kilograms of marijuana was traveling on expressway 83. Saldivar-Abrego, Gonzalez and Gonzalez Jr. soon approached in a second vehicle and fired gunshots at the load vehicle, forcing it to stop. They then transferred the marijuana into their vehicle. Following a pursuit, officers apprehended Saldivar-Abrego. Gonzalez and Gonzalez Jr. were arrested shortly thereafter. A subsequent investigation revealed Vela was the owner of the vehicle and that it was purchased knowing it was to be used to transport narcotics.
All will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration conducted the investigation along with the Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI and police departments in San Juan and Alamo. Assistant U.S. Attorney Rolando Cantu and Kristen Rees prosecuted the case.
Former director of Cleveland Job Corps sentenced to more than three years in prison, ordered to pay $1.5 million for embezzlement and tax violationsRead the Press Release
The former director of the Cleveland Job Corps Center was sentenced to more than three years in prison for embezzling retirement funds from employees and failing to pay taxes, law enforcement officials said.
Clark V. Hayes, 56, of Richfield, was sentenced to 37 months in prison and ordered to pay $1.5. million in restitution. He previously pleaded guilty to one count of embezzlement and three counts of failure to pay taxes.
“This defendant was hired to make sure struggling workers learned new job skills, but instead used the Job Corps program as a way to purchase expensive cards and dine at fancy restaurants,” said Acting U.S. Attorney David A. Sierleja. “He defrauded his employees and the federal government.”
“Employers have a responsibility to their employees to withhold the proper amount of taxes and pay those taxes over to the IRS,” said IRS Criminal Investigation Acting Special Agent in Charge Frank S. Turner II, Cincinnati Field Office. “When employers fail to do so, it affects revenue to the United States government, but more importantly, it affects their employees Medicare and Social Security benefits.”
"The U.S. Department of Labor funds contractors to provide critical educational services to Job Corps students. While employing Job Corps Center staff, Clark Hayes embezzled over $100,000 from his employees’ pension plans, and failed to pay over $870,000 in employment taxes for which he received funding under the DOL contract. We will continue to work with our law enforcement partners to ensure the integrity of Department programs, and will seek debarment from future government contracts when appropriate,” stated James Vanderberg, Special Agent in Charge, Chicago Region, U.S. Department of Labor, Office of Inspector General.
Hayes was the owner of Applied Technology Systems, Inc. (ATSI) in Cleveland. The U.S. Department of Labor contracted with ATSI to operate the Cleveland and Jacksonville Job Corps Centers, according to court documents.
Under the terms of the agreement, ATSI staffed and maintained the centers, subject to reimbursement by the Department of Labor for their costs based on a budget. The reimbursable costs included the wages ATSI paid to the centers’ employees, including amounts to be withheld and paid over to the IRS, according to court documents.
The Labor Department paid ATSI more than $15.5 million between from on or about July 1, 2010, through August 16, 2011. Hayes withheld but did not pay over approximately $1.4 million in taxes between 2010 and 2011, according to court documents.
He also closed an employee retirement account and had more than $210,000 and transferred those funds to a different account he controlled. He spent approximately $100,000 of those funds on personal expenses, including purchasing a Mercedes Benz and investing the money in other business ventures, according to court documents and statements.
This case is being prosecuted by Assistant U.S. Attorneys Vasile Katsaros following an investigation by the Internal Revenue Service – Criminal Investigations, the Department of Labor – Office of Inspector General and the Department of Labor -- EBSA.
Former Supervisor at the Laguna Pueblo Superette Sentenced for Federal Embezzlement ConvictionRead the Press Release
ALBUQUERQUE – Marshall J. Cheromiah, the former supervisor at the Laguna Pueblo Superette, was sentenced today in federal court in Albuquerque, N.M., to three months in prison followed by three years of supervised release for embezzling funds belonging to the Pueblo of Laguna. Cheromiah was also ordered to pay $21,758 in restitution to the Laguna Development Corporation and to perform 40 hours of community service.
Cheromiah, 32, of Mesita, N.M., was charged in an indictment filed on Nov. 5, 2015, with embezzling approximately $48,953.47 from the Pueblo of Laguna. According to the indictment, Cheromiah was working as an employee or agent of an Indian Tribal Organization when he committed the crime between July 2013 and Oct. 2014, in Cibola County, N.M.
On Feb. 7, 2017, Cheromiah pled guilty to the indictment. In entering the guilty plea, Cheromiah acknowledged that from July 2013 through Oct. 2014, he was employed as a supervisor at the Laguna Pueblo Superette, which is owned by the Laguna Development Corporation and the Pueblo of Laguna. Cheromiah admitted that while he was employed at the Laguna Pueblo Superette, he embezzled approximately $48,953.47 belonging to the Pueblo of Laguna.
Court filings indicate that Cheromiah was responsible for supervising the operation of the ATM machine and ordering cash deliveries from the Bank of Albuquerque for stocking the ATM with cash. In his plea agreement, Cheromiah admitted that, when the Bank delivered cash for the ATM, he would skim or siphon approximately $10,000 or $20,000 for himself, which he used for gambling, paying off loans for friends, and a pleasure trip to Las Vegas, Nevada.
This case was investigated by the Albuquerque office of the FBI and the Laguna Police Department. Assistant U.S. Attorney Paul H. Spiers prosecuted the case.
Former Nashua Woman Sentenced to Prison for Tax Refund and Identity Theft ScamRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that Gladys Maria Pena Dominguez, 35, was sentenced on Monday to serve 54 months in federal prison for her role in a scheme to use stolen personal identifying information to file false federal income tax returns and steal hundreds of thousands of dollars from the U.S. Treasury.
According to statements made during the proceedings, from January 2012 to December 2013, Pena couriered approximately 161 U.S. Treasury tax refund checks from New York, N.Y., to Kenneth Feliz, a co-conspirator in New Hampshire, who gave Pena cash in return. As Pena knew, the checks had been obtained from the Internal Revenue Service by co-conspirators who induced the IRS to issue the checks based upon false tax returns that the co-conspirators had filed using the names and Social Security numbers of real people without their consent or knowledge. The co-conspirators also reported false mailing addresses on the tax returns to cause the IRS to mail the fraudulently derived Treasury tax refund checks to locations that they controlled. The aggregate face value of the checks was approximately $1.1 million.
Pena is a resident of the Bronx, N.Y., and a former resident of Nashua, N.H. Pena had previously pleaded guilty to the federal crimes of theft of government property, aggravated identity theft, and conspiracy.
After completing her prison sentence, Pena will serve three years of supervised release. She also must pay $1,095,879.44 in restitution to the IRS.
Feliz is scheduled to be sentenced on July 10, 2017.
This matter was investigated by the Internal Revenue Service’s Criminal Investigation unit, principally by its Manchester, N.H., field office, with assistance from its field office in New York, N.Y. and its Fraud Detection Unit. Assistant United States Attorney Bill Morse prosecuted the case.
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Former Mailman Pleads Guilty to Theft of MailRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Timothy Wadsworth, 26, of Rochester, NY, pleaded guilty to theft of mail, before U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Wadsworth was employed by the Postal Service in 2014 as a mail carrier in Rochester. The defendant abused his position by stealing from the mails entrusted to him for delivery. In total, Wadsworth stole approximately $2,477.18 worth of cash, gift cards and other items. In addition, 745 pieces of rifled mail were recovered from his apartment.
The plea is the culmination of an investigation on the part of the United States Postal Service, Office of the Inspector General, under the direction of Special Agent in Charge Monica Weyler, Eastern Area Field Office, Philadelphia, PA.
Sentencing is scheduled for August 17, 2017 at 10:00 am before Judge Geraci.
Former Government Employee Pleads Guilty to Receipt of Illegal Gratuities and Impersonation of A United States Immigration OfficerRead the Press Release
Baltimore, Maryland – John Theis, age 40, of Sparrows Point, Maryland, pleaded guilty today to receipt of illegal gratuities and impersonation of a United States officer.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Mark Tasky of the Department of Homeland Security (DHS), Office of Inspector General (OIG); Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Special Agent in Charge Kimberly Lappin of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
According to his plea agreement, from January 2015 through his resignation in September 2015, Theis worked at the Department of Homeland Security, United States Citizenship & Immigration Services (USCIS) in Baltimore, Maryland. Theis was an Immigration Services Officer (ISO), whose duties and responsibilities included adjudicating immigration and citizenship cases and granting permanent residence status. Theis was required to obtain approval for any outside employment and no such requests had been submitted by Theis seeking or gaining such approval.
From 2014 and through his departure from federal service, Theis accepted cash in return for promising favorable immigration adjudications for a number of aliens. On one occasion, while working at USCIS, Theis advised an alien on the documents needed for a green card approval. Additionally, Theis took photos of the applicant’s case file from a USCIS database. In exchange, Theis received approximately $500 from the alien applicant.
Beginning in December of 2014 through February 2015, Theis and a co-conspirator agreed to work together in an immigration business to assist immigrants with getting their paperwork approved through USCIS. Theis would do presentations at an immigration program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). There, Theis would wear clothes that identified him as an immigration officer in order to influence new clients into paying him for assistance with immigration paperwork.
In April 2015, Theis went on disability leave after making false statements about his ability to work. He also took various forms of paid leave and never returned to the USCIS.
On September 29, 2015, Theis resigned from government service and left for Brazil in October 2015. He continued to do immigration work in Brazil while holding himself out to be a special agent with Immigration and Customs Enforcement (ICE) until his return to the United States and arrest in December 2016.
The approximate value of gratuities Theis received was over $15,000. He also received over $1,600 in disability benefits to which he was not entitled.
Theis faces a maximum sentence of two years in prison for receipt of illegal gratuities and a maximum sentence of three years in prison for impersonation of a United States officer. U.S. District Judge George L. Russell has scheduled sentencing for August 8, 2017 at 9:30 a.m.
Acting United States Attorney Stephen M. Schenning commended DHS OIG, Immigration and Customs Enforcement, Office of Professional Responsibility, USCIS, FBI, and IRS for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Sandra Wilkinson and Paul E. Budlow, who are prosecuting the case.
Former Garland Independent School District Executive Director of Human Resources Pleads Guilty to Conspiracy to Falsify Immigration DocumentsRead the Press Release
DALLAS — Victor Leos, 63, of Garland, Texas, appeared in federal court this morning before U.S. Magistrate Judge David L. Horan and pleaded guilty to one count of conspiracy to commit false statements in connection with immigration documents, announced U.S. Attorney John Parker of the Northern District of Texas.
Leos faces a maximum penalty of five years in federal prison and a $250,000 fine. Sentencing is set for August 28, 2017.
According to plea documents, Leos was employed by Garland Independent School District (GISD), located in Garland, Texas from 1998 to 2013. Leos was responsible for recruiting teachers from Mexico, Central and South America, and the Philippines to fill open teaching positions at GISD. From around 2007 to around 2012, Leos engaged in a criminal conspiracy with outside recruiters to recruit and hire foreign teachers that GISD did not necessarily need. Leos benefited by receiving kickbacks in the form of inflated fees to teach orientation classes, travel, and other forms of remuneration. After the foreign teachers were employed at GISD on H-1B temporary visas, Leos knew they were unlikely to qualify for Form 9089s (Applications for Permanent Employment Certification). To further the conspiracy, Leos knowingly signed and filed falsified Form 9089s with the Department of Labor (DOL) to sponsor the teachers for employment-based permanent resident applications.
Specifically, from August 27, 2012 to December 6, 2012, Leos signed and filed for GISD thirty-eight Form 9089s in which he knowingly made false statements. In each Form 9089, Leos certified that all U.S. workers who applied for the job opening were rejected for lawful job-related reasons when Leos knew this was not the case. To support these false statements, Leos created recruitment reports which contained additional false statements regarding the number of U.S. applicants for the open positions and the reasons for the rejection of the U.S. applicants. Leos had these recruitment reports submitted to DOL to support the falsified Form 9089s that were also submitted.
This was a joint investigation involving U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Department of Labor-Office of the Inspector General, the Department of Education-Office of the Inspector General, and the Federal Bureau of Investigation. Assistant U.S. Attorney Russell Fusco is in charge of the prosecution, which was assisted by Assistant U.S. Attorney John Kull.
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Former Deputy Police Chief Found Guilty of Conspiring to Distribute Heroin and MarijuanaRead the Press Release
FRESNO, Calif. — A federal jury in Fresno today found former Fresno deputy police chief Keith Foster, 53, guilty of conspiracy to distribute and possess with intent to distribute heroin and conspiracy to distribute and possess with intent to distribute marijuana, U.S. Attorney Phillip A. Talbert announced.
U.S. Attorney Talbert stated: “When a police officer misuses his official position to commit crimes for personal profit, it is the ultimate betrayal of public trust. The betrayal is only compounded when the officer involved is in a leadership position in the police department. By conspiring with others to traffic heroin and marijuana, Keith Foster not only disgraced the office he held, he put the community he was sworn to protect in danger. Although the jury was not able to reach verdicts on the additional counts relating to Foster’s alleged involvement in trafficking oxycodone, we are grateful for their hard work and the guilty verdicts they returned. My office is committed to rooting out corruption and prosecuting those who use their official position to commit crimes that endanger the community. We are proud to have worked alongside the ATF and FBI, with the full cooperation of the Fresno Police Department, in bringing Foster to justice.”
“The actions of Keith Foster and his co-defendants in this case jeopardized public safety and violated the trust of the citizens of Fresno he swore to protect,” said Special Agent in Charge Jill A. Snyder, San Francisco Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives. “During this investigation, ATF and FBI agents followed evidence of a drug trafficking conspiracy. That evidence led directly to the former deputy police chief of Fresno. Foster’s criminal activity will not deter ATF’s ongoing partnership with the Fresno Police Department to fight violent crime in the City of Fresno.”
“The FBI will continue to work closely with our law enforcement partners, investigating any allegation of criminal activity within the law enforcement community. The community must be served by those who obey the laws they are sworn to uphold and fulfill the oath of office,” said Special Agent in Charge Monica M. Miller of the FBI’s Sacramento field office. “Public trust is essential to the success of the work that men and women in law enforcement do daily. Foster’s illegal acts have negatively impacted public perception of the men and women of the Fresno Police Department who proudly put their lives on the line every day to serve the Fresno community.”
According to evidence presented at trial, between July 19, 2014, and March 26, 2015, Keith Foster conspired with his nephew Iran Dennis “Denny” Foster, 46, of Fresno, to obtain marijuana from Ricky Reynolds, 50, of Shasta Lake. Denny Foster regularly traveled to Reynolds’ residence to purchase marijuana. On one of these trips, Denny Foster was stopped by the California Highway Patrol in Merced County and arrested for possessing six pounds of marijuana in the trunk of his car. When he was arrested, his passenger called Keith Foster and Foster said that he “could have provided cover” for Denny Foster if he had known about the trip ahead of time. He also said he would call his “narc guys.”
Also according to evidence presented at trial, between December 23, 2014, and February 2, 2015, Foster conspired with co-defendant Rafael Guzman, 43, of Fresno, to obtain heroin for another person.
Keith Foster resigned from his position on April 3, 2015, one week after his arrest.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Federal Bureau of Investigation. Assistant United States Attorneys Melanie L. Alsworth and Dawrence W. Rice Jr. are prosecuting the case.
Six others pleaded guilty before trial to various offenses related to the drug trafficking conspiracy. Randy Flowers and Denny Foster are scheduled to be sentenced on July 10, 2017. Ricky Reynolds is scheduled to be sentenced on September 11, 2017. On October 11, 2016, Rafael Guzman, 43, of Fresno was sentenced to three years and four months in prison. Jennifer Donabedian, 37, of Fresno, pleaded guilty to concealing a felony and served 12 months’ probation. Sarah Ybarra, 39, of Fresno, pleaded guilty to conspiracy to distribute marijuana and served one year in prison.
Keith Foster is scheduled to be sentenced on October 10, 2017, by U.S. District Judge Anthony W. Ishii. Foster faces a statutory maximum penalty of 20 years in prison and a $1 million fine for the count relating to heroin, and a maximum of five years in prison and a $250,000 fine for the marijuana trafficking offense. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Former Corrections Officer Sentenced for Attempted ExtortionRead the Press Release
DAYTON – Michael Rose, 29, of New Carlisle, Ohio, was sentenced today in U.S. District Court to 12 months in prison for attempted extortion under the color of law.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI) and Montgomery County Sheriff Phil Plummer announced the sentence handed down today by U.S. District Judge Walter H. Rice.
According to the Statement of Facts in this case, Rose began working as a corrections officer at the Montgomery County Jail in spring 2016. In September of that year, Rose agreed to bring contraband – namely, a cell phone – into the jail in exchange for cash from an inmate. Likewise, in November 2016, Rose smuggled in a second cell phone and met with an associate of an inmate near a Dayton retail store to receive $1,500 as payment. Rose provided the phone knowing that the inmate intended to use it to direct drug trafficking activities from jail.
Rose pleaded guilty in February to one count of attempted extortion under color of official right.
“Any time a public employee takes a bribe, that is a breach of the public trust, but it is difficult to imagine a more serious instance of this crime than a corrections officer taking bribes from inmates in exchange for smuggling into the jail phones with which the inmates could carry on trafficking drugs,” U.S. Attorney Glassman said. “Federal prison is appropriate for Mr. Rose’s crimes.”
U.S. Attorney Glassman commended the investigation of this case by the Montgomery County Sheriff’s Office RANGE Task Force and the FBI, as well as Assistant United States Attorney Brent Tabacchi, who is representing the United States in this case.
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Former CEO and President of Real Estate Investment Company Pleads Guilty to Embezzling $1.6 Million and Evading TaxesRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that ROCKWELL GAJWANI pled guilty today to one count of wire fraud and three counts of tax evasion in connection with embezzling over $1.6 million from the Manhattan-based real estate investment company for which he had served as chief executive officer and president. As part of his plea, GAJWANI agreed to pay $1,975,068.04 in restitution and $1,612,841 in forfeiture. GAJWANI pled guilty before United States District Judge Loretta A. Preska.
Acting U.S. Attorney Joon H. Kim said: “As he admitted today, for years Rockwell Gajwani siphoned money from his employer’s accounts, lining his own pockets with more than $1.6 million. Instead of working diligently as his company’s CEO, Gajwani put his efforts into concealing his crimes and hiding his ill-gotten gains from the IRS. Thanks to the dedicated work of the Postal Inspection Service and the IRS, Gajwani will now be held to account for his crimes.”
According to the Complaint, the Indictment, and other statements made in open court:
From October 2011 through March 2013, GAJWANI was the chief executive officer and president of a real estate investment company based in Manhattan (the “Manhattan Real Estate Company”). During this period, GAJWANI took more than $1.6 million in company funds to which he was not entitled by, among other means, making wire transfers from the company’s bank account to his personal bank account, writing company checks to himself, and making cash withdrawals from the company’s bank account.
To accomplish this scheme, among other means, GAJWANI took steps to conceal his true salary and to conceal from the Manhattan Real Estate Company’s parent company (the “Parent Company”) the amount of money he had taken from the Manhattan Real Estate Company’s bank account.
Beginning in late 2012, the director of accounting for the Manhattan Real Estate Company (the “Director of Accounting”) asked GAJWANI for details regarding GAJWANI’s compensation on more than one occasion, and GAJWANI repeatedly said he would get such details to her, but failed to do so. On another occasion, in connection with a request from the Parent Company for financial information, GAJWANI told the Director of Accounting not to provide that information to the Parent Company. To further conceal the funds he had taken from the Manhattan Real Estate Company, GAJWANI directed employees of the Manhattan Real Estate Company to lump the compensation of all employees together in accounting materials provided to the Parent Company, so that GAJWANI’s compensation would not be listed separately from the aggregate figure. GAJWANI also directed certain employees of the Manhattan Real Estate Company not to communicate with employees of the Parent Company.
Over the course of his employment, GAJWANI wrote himself over $940,000 in checks from the Manhattan Real Estate Company’s bank account, and wired over $1.7 million to his personal bank account. Although some of these funds were purportedly for expenses, by the end of his employment GAJWANI had taken over $1.6 million more from the Manhattan Real Estate Company’s bank account than he was entitled to under his employment agreement.
GAJWANI also concealed his fraud on the Manhattan Real Estate Company. Specifically, on two occasions in May 2012, wrote checks to an employee of the Manhattan Real Estate Company (“Employee-2”) from the company’s bank account. wrote “expenses” in the memo line of each check, although neither check was meant to pay company expenses, and instructed Employee-2 to write a check in return directly to GAJWANI himself. Employee-2 did so on both occasions. In this manner, was able to secure over $30,000 in payments that GAJWANI appeared to receive from Employee-2 but in reality were funds GAJWANI had taken from the Manhattan Real Estate Company.
In addition to defrauding the Manhattan Real Estate Company, GAJWANI did not file tax returns or pay taxes for his legitimate salary or for the money he had secured through fraud. Ultimately, in July 2015, after he learned of a criminal investigation, GAJWANI filed tax returns for calendar years 2011, 2012, and 2013. Each of those returns included false representations. For tax year 2011, the federal income tax return that GAJWANI filed understated GAJWANI’s actual income by more than $480,000, and included over $85,000 in false, impermissible tax deductions. For tax year 2012, the federal income tax return that GAJWANI filed included over $260,000 in false, impermissible tax deductions. For tax year 2013, the federal income tax return that GAJWANI filed underreported GAJWANI’s actual income by $270,000.
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GAJWANI, 53, of Darien, Connecticut, pled guilty to one count of wire fraud, which carries a maximum sentence of 20 years in prison, and three counts of tax evasion, each of which carries a maximum sentence of five years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the Judge. As part of his plea, GAJWANI agreed to pay $1,975,068.04 in restitution and $1,612,841.04 in forfeiture.
GAJWANI is scheduled to be sentenced by Judge Preska on September 12, 2017, at 4:00 p.m.
Mr. Kim praised the outstanding investigative efforts of law enforcement personnel at U.S. Postal Inspection Service and the Internal Revenue Service, Criminal Investigation Division.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Jonathan Cohen and Andrew D. Beaty are in charge of the prosecution.
Five Tribal Executives Plead Guilty in Federal Court to Embezzlement SchemeRead the Press Release
United States Attorney Randolph J. Seiler announced today that five current and former executives of the Sisseton Wahpeton Oyate Tribe’s Big Coulee District in South Dakota pled guilty in federal court on May 5, 15, and 18, 2017. The guilty pleas were to charges that include Conspiracy to Commit Embezzlement from an Indian Tribal Organization and Embezzlement from an Indian Tribal Organization.
The federal case against these tribal executives was part of an initiative branded as The Guardians Project – a multi-agency law enforcement operation designed to investigate, uncover, disrupt, and prosecute public corruption, theft, and federal program fraud taking place on tribal lands in South Dakota.
The four defendants whom pled guilty on May 15 and 18 are as follows:
Carrie Godfrey, 49, of Sisseton, was Treasurer of the District Executive Board from January 2007 to January 2011, and Secretary of the Board from January 2011 through January 2015.
Gerald German, Jr., 44, of Peever, was Chairman of the District Executive Board from January 2007 through January 2015.
Gerald Heminger, Jr., 56, of Sisseton, was Vice Chairman of the District Executive Board from January 2007 to January 2011.
Colette White, 55, of Peever, has been Treasurer of the District Executive Board since January 2011.
These four defendants appeared before U.S. District Judge Charles B. Kornmann in Aberdeen, and each pled guilty to a felony charged in the Indictment. According to plea documents relating to Godfrey, German, Heminger, and White, from approximately June 2010 through March 2013, the four defendants conspired to embezzle, steal, and knowingly convert to their own use funds from the Big Coulee District of the Sisseton-Wahpeton Oyate Tribe (“Tribe”), an Indian Tribal organization. These defendants joined the agreement knowing its illegal purpose, and they conspired with each other and others. The Big Coulee District (“District”) is a political subdivision of the Tribe. These defendants are current or former executive board members of the District, and, during the conspiracy, they stole a total of $81,542.50 from the District.
The fifth defendant, Calvin Max, Sr., 48, of Sisseton, has been Vice Chairman of the District Executive Board since January 2011. Max pleaded guilty on May 5, 2017, to a felony count alleged in a separate indictment.
While Max’s plea agreement encompasses his conduct in the Big Coulee conspiracy, he also admitted to his role in stealing government property. Specifically, from approximately Feburary 2013 and through July 2013, Max and Gregory Meide, a separately convicted defendant, knowingly embezzled, stole, purloined, and converted to their own use money from the Federal Emergency Management Agency (FEMA). FEMA is an agency of the United States, and Max and co-defendant stole over $7,000 from FEMA’s Hazard Mitigation Grant program, by overbilling the program and then using the funds for their own purposes.
As to Godfrey, German, Heminger, and White, the maximum term of imprisonment is up to 5 years in custody for Conspiracy to Commit Embezzlement from an Indian Tribal Organization and Embezzlement from an Indian Tribal Organization. As to Max, the maximum term of imprisonment is up to 10 years in custody for Theft of Government Property. Each of the five defendants also faces the maximum penalties of a $250,000 fine, followed by 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The investigation is being conducted by the Federal Bureau of Investigation and the financial crime investigator at the U.S. Attorney’s Office. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Ann German, 57, of Peever, who is currently the Big Coulee District Coordinator, is scheduled for a hearing before the Court on May 30.
The Guardians Project
The mission of The Guardians Project is to coordinate law enforcement efforts between these agencies to ensure the collaboration of forces, assets, and responsibilities, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian Country communities.
Since its inception in December 2015, The Guardians Project’s participants have dedicated efforts toward myriad investigations across the state, and those efforts have resulted in the opening of 29 investigations, the filing of 8 indictments naming 21 defendants, and the convictions of 14 defendants to date. Six of the indicted defendants are currently pending trial, and one defendant is scheduled to plead guilty. The Guardians Project is designed to enhance federal law enforcement efforts by uniting the expertise and resources of the participating thirteen federal investigative agencies. The agencies include:
Federal Bureau of Investigation
Department of Interior, Office of Inspector General
Department of Health and Human Services, Office of Inspector General
Social Security Administration, Office of Inspector General
Internal Revenue Service, Criminal Investigation Division
Department of Agriculture, Office of Inspector General
Department of Transportation, Office of Inspector General
Department of Education, Office of Inspector General
U.S. Postal Inspector Service
U.S. Postal Service, Office of Inspector General
Department of Housing and Urban Development, Office of Inspector General
Department of Justice, Office of Inspector General
United States Attorney’s Office, District of South Dakota
For additional information about The Guardians Project, please contact the United States Attorney’s Office at (605)330-4400. To report a suspected crime, please contact law enforcement at the agency’s locally listed telephone number.
First National Bank Employee Stole More Than $270,000 from Customers’ AccountsRead the Press Release
JOHNSTOWN, Pa. - A resident of Johnstown, Pa., pleaded guilty in federal court to a charge of misapplication of funds by a bank employee, Acting United States Attorney Soo C. Song announced today.
Anna Wilson, 34, of Johnstown, Pa., pleaded guilty to one count before United States District Judge Kim R. Gibson.
In connection with the guilty plea, the court was advised that from Nov. 15, 2015, to Aug. 15, 2016, Wilson, while employed as a branch manager at First National Bank in Johnstown, Pa, removed approximately $270,434.70 from customers’ accounts and thereafter converted those funds to her personal use.
Judge Gibson scheduled sentencing for Oct. 2, 2017, at 1:30 p.m. The law provides for a maximum total sentence of 30 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney John J. Valkovci, Jr. is prosecuting this case on behalf of the government.
The United States Postal Inspection Service and the Social Security Administration, Office of Inspector General, conducted the investigation that led to the prosecution of Wilson.
Essex County, New Jersey, Man Admits Fall 2016 Bank Robbery SpreeRead the Press Release
NEWARK, N.J. – A Newark man today admitted robbing five banks in October and November 2016, Acting U.S. Attorney William E. Fitzpatrick announced.
Jermaine Mason, a/k/a “Asim Harris,” 39, pleaded guilty before U.S. District Judge William J. Martini in Newark federal court to an information charging him with five counts of bank robbery.
According to documents filed in this case and statements made in court, Mason robbed the following banks on the dates set forth below:
Bank
Location
Date
Kearny Bank
Harrison
Oct. 21, 2016
PNC Bank
Jersey City
Nov. 3, 2016
Popular Community Bank
Newark
Nov. 17, 2016
Provident Bank
Jersey City
Nov. 18, 2016
Provident Bank
Kearny
Nov. 29, 2016
Mason admitted that during each of the above robberies, he either presented a note demanding cash from bank tellers or verbally demanded money.
The bank robbery charges each carry a maximum penalty of 20 years in prison and a $250,000 fine. Sentencing is scheduled for Aug. 29, 2017.
Mason was originally arrested by state authorities on Nov. 30, 2016 and has been in custody since that time. Prior to his arrest, he was on federal supervised release for a federal bank robbery conviction after he robbed several banks in 2006 and 2007.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation leading to today’s guilty plea. He also thanked the U.S. Marshals, the Kearny, Jersey City, Harrison, and Newark police departments, as well as the Hudson County and Essex County Prosecutor’s Offices for their efforts in the investigation and apprehension of Mason.
The government is represented by Assistant U.S. Attorney Jason S. Gould of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Kevin Carlucci Esq., Assistant Federal Public Defender, Newark
Elmira Man Charged with Threatening WitnessRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Isaiah L. McLaurin, 27, of Elmira, NY, was arrested and charged by criminal complaint with witness tampering. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that the complaint alleges that, on May 17 and 18, 2017, the defendant made threats against an individual that he believed was cooperating in a drug investigation in the Elmira area. McLaurin’s intent was to prevent that individual from testifying and providing information to law enforcement authorities about the drug trafficking organization.
On May 16, 2017, four individuals – Robert Ian Thatcher, Maximillian Sams, Dwayne Banks, and Carlito Rios, Jr., were arrested and charged in a federal criminal complaint with various offenses including conspiracy to possess with intent to distribute, and to distribute, quantities of furanyl fentanyl, a Schedule I controlled substance, and U-47700, a Schedule I controlled substance, during the time period from November 29, 2016 through May 16, 2017.
On May 16, 2017, an article about the arrests and investigation was published on the website for the Star Gazette, the local newspaper in Elmira. The article was entitled, “Four face federal charges in Elmira drug investigation.” A digital copy of the complaint and supporting affidavit was also published on the website with the article. In the supporting affidavit, certain confidential sources were referenced by anonymous designations (including “CS-1” and “CS-2”).
On May 17, 2017, a member of law enforcement observed a series of public Facebook comments related to the investigation described in the article on a Facebook page bearing the user name “Isaiah Mclaurin” and a profile picture of the defendant. One post stated: Isaiah Mclaurin
Facts somebody better have this (expletive) in protective custody cause if he thinks e can just pick his daughter up from school and everything’s gonna be ok. He got it coming
McLaurin publicly identified the individual – referred to as Individual A – who he believes is one of the confidential sources referenced in the complaint against Thatcher, Sams, Banks and Rios, and threatened both Individual A and Individual A’s child.
McLaurin made an initial appearance and is being held pending a detention hearing on May 23, 2017.The complaint is the result of an investigation by the Drug Enforcement Administration, Rochester Resident Office and Scranton PA Resident Office, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police, under the direction of Major Richard Allen; the Elmira Police Department, under the direction of Chief Joseph Kane; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Pennsylvania State Police, under the direction of Commissioner Colonel Tyree C. Blocker; the Chemung County Sheriff’s Office, under the direction of Christopher J. Moss; the Iredell, NC County Sheriff’s Office, under the direction of Darren E. Campbell, and Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher.
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.
El Paso Men Sentenced to Prison for Federal Cocaine Trafficking Convictions in New MexicoRead the Press Release
ALBUQUERQUE – Two residents of El Paso, Tex., were sentenced in federal court in Las Cruces, N.M., for convictions arising out of the seizure of six kilograms (13.2 pounds) of cocaine at a U.S. Border Patrol checkpoint near Alamogordo, N.M., in Oct. 2016. Ever Omar Valdez, 26, was sentenced to 33 months in prison and his co-defendant Javier Cruz, 27, was sentenced yesterday to 33 months in prison. Each will serve a two year term of supervised release after completing their prison sentences.
Valdez and Cruz were arrested in Oct. 2016, on a criminal complaint charging them with possessing approximately six kilograms of cocaine in Otero County, N.M. According to the complaint, Valdez and Cruz were arrested on Oct. 6, 2016, after U.S. Border Patrol agents at the U.S. Border Patrol checkpoint near Alamogordo seized approximately six kilograms of cocaine that was concealed in the vehicle in which Valdez and Cruz were traveling.
On Jan. 11, 2017, Valdez and Cruz each entered guilty pleas to a felony information charging them with conspiracy to possess cocaine with intent to distribute. Valdez and Cruz each admitted that on Oct. 6, 2016, they entered the U.S. Border Patrol checkpoint on Highway 54 in a vehicle containing six kilograms of cocaine concealed inside the vehicle’s rear bumper, which was found by Border Patrol agents during a routine inspection. Valdez and Cruz admitted knowing that the cocaine was in the vehicle and that they intended to deliver the cocaine to others in exchange for money.
This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol. Assistant U.S. Attorney Clara N. Cobos of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
El Cerrito Resident Sentenced to Four and A Half Years in Prison for Stealing Ids and U.S. Treasury ChecksRead the Press Release
SAN FRANCISCO – Brandon Robinson was sentenced today to serve 54 months in prison for aggravated identity theft and conspiring to steal government funds, announced U.S. Attorney Brian J. Stretch and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division. The sentence, handed down by the Honorable Jeffrey S. White, U.S. District Judge, follows a guilty plea entered earlier this year.
According to documents filed with the court, from about August 2013 through April 2015, Robinson, 35, of El Cerrito, and his co-conspirators, stole names of deceased individuals and used them to file federal tax returns seeking refunds. Robinson paid cashiers at stores in the Richmond-area to cash the fraudulently obtained refund checks. Robinson also cashed stolen tax refund and social security benefit checks that were intended for other individuals. Robinson admitted that he and his co-conspirators attempted to cash more than $500,000 in fraudulently obtained and stolen checks.
On November 5, 2015, a federal grand jury indicted Robinson and charged him with one count of conspiracy to commit theft of public money, in violation of 18 U.S.C. § 371; three counts of theft of public money, in violation of 18 U.S.C. § 641, and three counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A. On February 14, 2017, Robinson pleaded guilty to the conspiracy count and one count of aggravated identity theft. Pursuant to the plea agreement, the remaining counts were dismissed.
In addition to the term of prison imposed, Judge White also ordered Robinson to serve three years of supervised release and to pay $30,111.90 in restitution to the Internal Revenue Service. Judge White ordered Robinson to begin serving his prison term on July 13, 2017.
Assistant U.S. Attorneys Thomas Newman and Jose A. Olivera, and Trial Attorney Gregory Bernstein of the Justice Department Tax Division prosecuted the case. U.S. Attorney Stretch and Acting Deputy Assistant Attorney General Goldberg commended the special agents of IRS–Criminal Investigation who conducted the investigation.
East Wareham Man Pleads Guilty to His Role in Drug and Money Laundering RingRead the Press Release
BOSTON – An East Wareham man pleaded guilty today in federal court in Boston to drug charges.
Evan Lopes, 28, pleaded guilty today to possession of Methylone with intent to distribute and is scheduled to be sentenced on Aug. 24, 2017. Lopes is the last of four Cape Cod co-defendants to plead guilty to drug and money laundering charges.
On Jan. 15, 2015, law enforcement officers executed a search warrant at Lopes’ where they recovered two kilograms of Methylone from a woodpile on the property. Lopes stashed the drugs for co-defendant David Landry, who, from 2010 to 2014, led a drug and money laundering ring on Cape Cod. Landry, was arrested by state authorities in September 2014, but continued to communicate with and direct his drug associates from prison. Landry had asked Lopes to store the Methylone at his house in preparation for transferring it to other associates who would sell it for $40,000.
From May 2014 to January 2015, Landry and another co-defendant, Justin Groom, conspired to manufacture and distribute marijuana. Landry, along with his mother, Diane Johnson, and Groom conspired to launder the drug proceeds in order to disguise the nature of the funds and continue their drug trafficking activities. Landry, a convicted felon, was also found in possession of a .40 caliber semi-automatic pistol at the time of his arrest.
David Landry and Justin Groom were sentenced in March 2017 to 78 months in prison and two years of probation, respectively. Diane Johnson pleaded guilty to money laundering conspiracy on May 17, 2017, and is scheduled to be sentenced on Aug. 23, 2017.
The charge of possession of Methylone with intent to distribute provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Field Division; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Barnstable Police Chief Paul MacDonald; Barnstable County Sheriff James M. Cummings; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; and Cape & Islands District Attorney Michael O’Keefe, made the announcement. Assistant U.S. Attorney Ted Heinrich of Weinreb’s Narcotics and Money Laundering Unit is prosecuting the case.
East Stroudsburg Man Indicted for Drug TraffickingRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Maurice Garvin, age 27, of East Stroudsburg, Pennsylvania, was indicted on May 9, 2017, by a federal grand jury on drug trafficking charges. The indictment was unsealed on May 22, 2017, following Garvin’s arrest.
According to United States Attorney Bruce D. Brandler, the indictment alleges that Garvin distributed and possessed with the intent to distribute heroin on two occasions and cocaine on one occasion in April 2016, in Monroe County, Pennsylvania. All three instances are alleged to have occurred within 1,000 feet of a playground.
The case was investigated by the Federal Bureau of Investigation, Stroud Area Regional Police Department, and the Pennsylvania State Police. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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East Stroudsburg Man Indicted for Drug TraffickingRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Naaje Torres, age 24, of East Stroudsburg, Pennsylvania, was indicted on May 9, 2017, by a federal grand jury on drug trafficking charges. The indictment was unsealed May 22, 2017, following Torres’ arrest.
According to United States Attorney Bruce D. Brandler, the indictment alleges that Torres distributed and possessed with the intent to distribute heroin on two dates in April and July 2016, in Monroe County, Pennsylvania. The indictment charges Torres with distribution of heroin within 1,000 feet of Stroudsburg School District property.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Stroud Area Regional Police Department. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 40 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Dover Insurance Broker Convicted of Tax FraudRead the Press Release
BOSTON – A Dover, Mass. insurance broker was convicted today by a federal jury in Boston in connection with filing fraudulent personal tax returns.
Anthony J. May, 62, was convicted of two counts of filing false tax returns for 2008 and 2009. U.S. District Court Judge William G. Young scheduled sentencing for Oct. 2, 2017.
May owned and operated Clients First Financial Insurance Agency, LLC, through which he sold life insurance products as a broker, and Advantage Life Settlements, LLC, through which he which served as a broker for insured individuals looking to sell their personal life insurance policies to third party investors. May operated his businesses out of an office suite in Hingham where he also leased space to other independent insurance agents. May filed false 2008 and 2009 individual income tax returns that did not report $396,554 in income that he received from insurance commissions, broker fees and lease rental payments.
The charging statute provides for a sentence of no greater than three years in prison, one year of supervised release and a fine of $250,000. Sentences are imposed by a federal district judge based on the U.S. Sentencing Guidelines and other sentencing factors.
Acting United States Attorney William D. Weinreb; Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division; 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. Attorney Victor A. Wild of Weinreb’s Economic Crimes Unit and Trial Attorney Eric Powers of the Justice Department’s Tax Division are prosecuting the case.
Dominican National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON – A Dominican man was sentenced yesterday in federal court in Boston for illegally reentering the United States after being deported.
Wilson Pena-Arias, 33, was sentenced by U.S. District Court Senior Judge Mark L. Wolf to 70 months in prison, to be served consecutively with a state sentence he is currently serving, and three years of supervised release. Pena-Arias is subject to deportation following the completion of his sentence.
In 2014, Pena-Arias was arrested for distribution of cocaine. During an interview with law enforcement, Pena-Arias admitted to a prior deportation and to illegally re-entering the country. On Oct. 26, 2015, Pena-Arias was convicted in Middlesex Superior Court on the cocaine distribution charge and sentenced to five years in prison, which he is currently serving.
In 2009, Pena-Arias was arrested for distribution of cocaine, and, after a conviction in Middlesex Superior Court, he was sentenced to three years in prison. In 2010, Pena-Arias was again convicted in the Essex Superior Court with distribution of cocaine and sentenced to three years in prison. In April 2012, upon completion of his sentence, Pena-Arias was deported to the Dominican Republic.
Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Valuable assistance was provided by the Lowell Police Department. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit prosecuted the case.
Dominican National Pleads Guilty to Illegal Reentry After DeportationRead the Press Release
Boston – A Dominican national pleaded guilty today in federal court in Boston to illegally reentering the United States after being deported.
Jose Manuel Arroyo, 39, a Dominican national residing in Boston, pleaded guilty to one count of illegal reentry after deportation. A sentencing date has not yet been scheduled.
Between 2005 and 2014, Arroyo, who also goes by the name Juan Manuel Tejeda-Serrano, was deported from the United States five times.
Between 2010 and 2013, Arroyo was convicted of illegal reentry after deportation on three occasions in federal court in Boston, as well as once in Texas in 2006. Arroyo most recently came to the attention of federal immigration officials after being arrested for identity fraud. In March 2017, Arroyo, under the name Juan Manuel Tejeda-Serrano, was charged in federal court in Boston with conspiracy to distribute and possess with intent to distribute heroin, fentanyl and cocaine.
The charge of illegal reentry after deportation provides for a sentence of no greater than two years in prison, one year of supervised release and a fine of $250,000. Arroyo will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney David Tobin of Weinreb’s Major Crimes Unit is prosecuting the case.
Department of Planning and Natural Resources Officer and Three Other Men Indicted in Cocaine Smuggling ConspiracyRead the Press Release
St. Thomas, USVI – Gerald Mercer, 42, Jamal Haynes, 39, Makimba Barry, 39, and Craig Richardson, 39, were indicted by a federal grand jury on May 18, 2017, for conspiracy to possess with intent to distribute cocaine, Acting United States Attorney Joycelyn Hewlett announced today. Mercer, an officer with the Department of Planning and Natural Resources, made his initial appearance before Magistrate Judge Ruth Miller on Friday and Richardson made his initial appearance Monday. Mercer was placed on home detention and ordered to pay a $75,000 cash bond pending trial. Richardson was detained pending his detention hearing Wednesday. Barry and Haynes were arrested earlier and detained pending trial.
According to the indictment, Richardson, Barry and Haynes conspired with Neal Chesterfield, former bodyguard of Governor Kenneth Mapp, to possess with intent to distribute approximately 136 kilograms of cocaine beginning on or about December 15, 2014, through September 3, 2016. Prior to that date Mercer, Barry and Chesterfield conspired to possess with intent to distribute 125 kilograms of cocaine beginning on or about January 1, 2011, through December 15, 2014. Chesterfield pleaded guilty to an Information on December 6, 2016 and is detained pending sentencing.
If convicted, each of the men charged in the indictment faces a mandatory minimum term of imprisonment of not less than 10 years and not more than life, and a fine of up to $10 million.
This case results from an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation conducted by U.S. Customs and Border Protection, Homeland Security Investigations, and the U.S. Drug Enforcement Administration. 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. The case is being prosecuted by Assistant United States Attorney Delia Smith.
Department of Justice FY 2018 Budget RequestRead the Press Release
President Trump’s FY 2018 Budget proposal totals $27.7 billion for the Department of Justice to support federal law enforcement and criminal justice priorities of our state, local and tribal law enforcement partners. The request represents a comprehensive investment in the Justice mission and includes increases in funding for strengthening national security efforts, supporting law enforcement, and enforcing the nation’s immigration laws. The request represents a $1.1 billion decrease over the annualized FY 2017 continuing resolution (CR) level.
“The Department of Justice is dedicated to advancing the safety, the security, and the rights of all Americans – and the FY 2018 budget reflects the President’s commitment to keep America safe,” said Attorney General Jeff Sessions. “One of the Justice Department’s top priorities is to protect the United States from threats to our national security both foreign and domestic. The Department will enforce our laws and put criminals behind bars. We will fight the scourge of drug abuse. And we will support the courageous men and women of law enforcement, as they work day and night to protect us. The President’s budget allows the Department to continue to put America first.”
The Department of Justice’s areas of investment include:
- +$403 million for the Federal law enforcement operations – the FBI, the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration – securing our nation and implementing a range of efforts to target violent criminals and to combat transnational organized crime groups, especially those trafficking drugs into the U.S.
- +$61 million for the U.S. Attorneys, including $26 million for 300 new Assistant U.S. Attorneys (AUSAs) nationwide: 230 AUSAs to prosecute violent criminals and ensure our neighborhoods are freed from their threat, and an additional 70 AUSAs to protect our borders and restore our sovereignty by prosecuting immigration law violations.
- +$14 million for the Department’s litigating components, including $3.7 million and 40 new positions for the Environment and Natural Resources Division and the Civil Division* and $6 million for the National Security Division.
- +$79 million for the Executive Office of Immigration Review (EOIR), including $75 million for 75 new Immigration Judges and associated positions, boosting the Department’s capacity for prompt, efficient, and just hearings for those accused of violations of immigration law.
- $2.0 billion in discretionary funding, plus an additional $3.1 billion in mandatory sources, totaling $5.1 billion for Federal grants to State, local, and tribal law enforcement and victims of crime, to ensure greater safety for law enforcement personnel and the people they serve. Critical programs aimed at protecting the life and safety of state and local law enforcement personnel, including the COPS Hiring Program, Preventing Violence Against Law Enforcement Officer Resilience and Survivability and the Bulletproof Vest Partnership, demonstrate our continuing commitment to supporting state, local, and tribal law enforcement.
For more information, view the FY 2018 Budget and Performance Summary at https://www.justice.gov/doj/fy-2018-budget-and-performance-summary.
National Security
National security remains the Department’s highest priority. The Department will always maintain its commitment and its responsibility to safeguard American citizens and defend the homeland, while maintaining American values. Threats are constantly evolving, requiring additional investments to mitigate those threats in innovative ways. Terrorist seek to sabotage critical infrastructure; organized crime syndicates seek to defraud banks and corporations; and spies seek to steal defense and intelligence secrets and intellectual property. Each threatens our nation’s economy and security.
The FY 2018 Budget will support the Department in responding to those evolving threats by dedicating $98.5 million to provide program enhancements for areas of 1) combatting domestic and foreign terrorism; 2) intelligence collection and analysis; 3) cybercrime; and 4) investigative and law enforcement technology.
For more information, view the National Security Fact Sheet at https://www.justice.gov/doj/fy-2018-budget-fact-sheets.
Combatting Violent Crime
Violent crime and drug use are becoming more and more commonplace within our communities. While today’s overall crime rates are near historic lows, recent trends indicate that those levels are at risk. Updated FBI statistics show that from 2014 to 2015, violent crime has increased more than 3 percent, which is the largest one-year increase in the last 24 years. The murder rate has increased 10 percent, the largest increase since 1968. Compounding this issue is the opioid and illegal drug epidemic. Heroin overdose deaths have more than tripled between 2010 and 2014 while illegal drugs flood across our borders into cities and towns bringing violence and tragedy with them. Protecting the people of this country from violent crime is a high calling of the men and women of the Department of Justice. Today, it has become more important than ever.
The FY 2018 budget requests $198.5 million in enhancements to reduce violent crime, combat the prescription drug and opioid epidemic, and target Transnational Criminal Organizations. These resources will enable the Department to target and dismantle the worst criminal organizations and drug traffickers that are bringing violence and drugs into our communities. The Department of Justice utilizes a comprehensive set of programs that leverage law enforcement operations, prosecutorial action, and support for state and local governments to combat the violent offenders in our communities.
For more information, view the Combatting Violent Crime Fact Sheet at https://www.justice.gov/doj/fy-2018-budget-fact-sheets.
Enforce Immigration Laws
The FY 2018 budget enhances border security and immigration enforcement and improves the Department’s ability to conduct more efficient and expedient immigration hearings to combat illegal entry and unlawful presence in the U.S. The Department requests increases of $144.9 million to enforce the President’s January 25 Executive Order, “Border Security and Immigration Enforcement Improvements” and keep pace with the Department of Homeland Security’s (DHS) increased immigration enforcement efforts.
For more information, view the Enforce Immigration Laws Fact Sheet at https://www.justice.gov/doj/fy-2018-budget-fact-sheets.
State, Local and Tribal Assistance
The Justice Department strongly supports its partnerships with state, local, and tribal entities. The FY 2018 Budget maintains its commitments to state, local, and tribal law enforcement partners without reducing the Department’s federal operational role. Simultaneously, efficiencies are identified to ensure that federal resources are being targeted to key Administration priorities, such as combating violent crime. The FY 2018 discretionary and mandatory request for state, local, and tribal law enforcement assistance is $5.1 billion, including specific discretionary enhancements of $107.0 million.
For more information, view the State, Local and Tribal Assistance Fact Sheet at https://www.justice.gov/doj/fy-2018-budget-fact-sheets.
*This release was revised to correct that the 40 new positions are for the Environment and Natural Resources Division and the Civil Division.
Delevan Man Arrested on Child Pornography ChargesRead 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 John Cutler, 34, of Delevan, NY, was arrested and charged by criminal complaint with receipt of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, in August 2014, the New York State Police received an allegation from an 11-year-old female (minor victim) that Cutler had engaged in sexual contact with her. In November 2014, the defendant was convicted on state charges of endangering the welfare of a child and criminal sexual act in the second degree and sentenced to six months in prison and 10 years of probation. Cutler was also ordered to register as a sex offender.
As part of the defendant’s probation, he was mandated to maintain contact with the Cattaraugus County Probation Department and was prohibited from possessing devices that are capable of connecting to the Internet. On July 9, 2016, probation officials conducted a polygraph examination of Cutler. During questioning prior to administration of the polygraph examination, the defendant confirmed that he performed oral sex on the minor victim, the conduct he was convicted of in November 2014. The complaint also alleges that Cutler made incriminating statements regarding his internet activity and sexual contact with minors.
A forensic examination of Cutler’s laptop computer recovered a large volume of images and videos depicting children engaged in sexual activity.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on May 26, 2017.
If anyone has any information regarding the defendant, please contact the FBI at 716-856-7800. (photo attached)
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and the Cattaraugus County Sheriff’s Department, under the direction of Sheriff Timothy Whitcomb.
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.
Davenport Man Sentenced to 80 Months in Prison for Receiving Child PornographyRead the Press Release
DAVENPORT, IA - On May 23, 2017, Jason Michael Mowerheather Jean Reekr, age 43, of Davenport, Iowa, was sentenced by Chief United States District Court Judge John A. Jarvey to 80 months in prison for receipt of child pornography, announced United States Attorney Kevin E. VanderSchel. Mower will be required to serve eight years of supervised release following his release from prison.
In early 2015, the Federal Bureau of Investigation (FBI) began a nationwide investigation into an online child pornography website. The investigation showed Mower was a member of the site and had accessed it multiple times, viewing over 60 images of child pornography. A search warrant was conducted at Mower’s Davenport residence, where multiple electronic devices were seized. A forensic evaluation of those devices revealed Mower had accessed additional child pornography websites from October 2013 through February 2015, and had downloaded images and videos of minors engaged in sexually explicit conduct.
This matter was investigated by the FBI, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the Project Safe Childhood initiative.
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Learn more about this release by calling Rachel J. Scherle at 515-473-9300, or by emailing her at [email protected].
Crips Gang Member Pleads Guilty to Racketeering Conspiracy in NebraskaRead the Press Release
A violent member of the Omaha-area Crips Gang pleaded guilty today to participating in a racketeering conspiracy involving acts of violence including attempted murder and assaults, witness tampering and drug distribution, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney Robert C. Stuart of the District of Nebraska.
Dionte Dortch, aka “Killa Tay,” 23, of Omaha, Nebraska, pleaded guilty before U.S. District Judge Joseph F. Bataillon of the District of Nebraska to one count of conspiracy to participate in racketeering activity, one count of witness tampering, one count of attempted obstruction of justice and one count of possession of a firearm by a felon. As part of his guilty plea, Dortch has agreed to be sentenced to 20 years in prison. The sentencing hearing for Dortch is scheduled for Aug. 23, 2017.
According to the plea agreement, Dortch admitted to conspiring to conduct and participate in the affairs of the Omaha-area chapter of the Crips, known as the “40th Avenue Crips” and “44th Avenue Crips,” through a pattern of racketeering activity. As part of the plea agreement, Dortch admitted to personally committing acts of violence for the gang in furtherance of the racketeering conspiracy. These acts of violence included the hiring of a hitman to kill a potential witness, the shooting and attempted murder of four individuals believed to be associated with a rival gang and using threats of violence to prevent a witness from testifying before a federal grand jury, according to the plea.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Omaha Police Department are investigating the case. Trial Attorney John S. Han of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Matthew Molsen of the District of Nebraska are prosecuting the case.
Citizen of Pakistan and United Kingdom Sentenced for International Wire Fraud Scheme That Sold False Cures for Multiple IllnessesRead the Press Release
CONCORD, N.H. - Mustafa Hasan Arif, 37, an individual with dual citizenship in Pakistan and the United Kingdom, was sentenced to serve six years in federal prison for his role in an extensive international wire fraud scheme, Acting United States Attorney John J. Farley announced today.
According to court documents and statements in court proceedings, Arif defrauded individuals all around the world by selling drugs that he claimed would cure many serious diseases. While in Lahore, Pakistan, Arif created, maintained, and controlled over 1,500 websites that promoted the sale of the drugs. The websites claimed that the drugs would cure and treat hundreds of diseases, many of which were incurable, including cerebral palsy, mental retardation, Parkinson’s disease, Alzheimer’s disease, and emphysema. The websites included falsified cure rates, false clinical research, and fabricated testimonials. One series of websites fraudulently claimed that Arif’s products had shown a 90 percent cure rate in clinical trials. Other websites included links to clinical research that had not been written about the drugs on the websites, but which suggested that clinical research had been performed on the products Arif was distributing. In an effort to make customers comfortable about the products, Arif also falsely represented that the drugs were being sold by entities in Germany, Norway, Italy, Australia, New Zealand, and Denmark when in fact the drugs were all being sold and shipped from Pakistan. Documents in the case show that Arif ‘s scheme generated more than $12.8 million in fraudulent sales to more than 100,000 victims.
Arif initially was arrested after he flew into New York in February 2014 on a business trip. He appeared in federal court in New York and later was transported to New Hampshire, where he has remained in custody. He pleaded guilty to wire fraud on October 11, 2016.
“The defendant’s conduct was reprehensible,” Acting U.S. Attorney Farley said. “He preyed on vulnerable individuals who were seeking to find cures for illnesses that often had no known cure. His scheme not only defrauded his victims financially but also victimized them emotionally by raising false hopes that his products could treat their serious medical conditions. Rather than providing his sick customers with remedies for their illnesses, he only caused more pain. I commend the law enforcement officers who put an end to this dangerous and heartless scheme.”
“Criminals who deceive U.S. consumers with false information and false claims about drugs can adversely affect the public’s health,” said Jeffrey J. Ebersole, Special Agent in Charge, FDA Office of Criminal Investigations’ New York Field Office. “Our office will continue to pursue and bring to justice those who take advantage of consumers in their quest for profits.”
This investigation was led by the FDA/Office of Criminal Investigations, Cybercrime Investigations Unit along with Homeland Security Investigations. Assistance during the investigation was provided by the New Hampshire Attorney General’s Office, Portsmouth New Hampshire Police Department, the United States Consulate, Diplomatic Security Service Lagos, Nigeria office, New Zealand Ministry of Health, United Kingdom Medicines and Healthcare Products Regulatory Agency, and the Department of Justice, Office of International Affairs. The investigation was prosecuted by Assistant United States Attorney Arnold H. Huftalen and Sarah Hawkins of the FDA/Office of Chief Counsel.
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California Man Sentenced to Prison for Stealing IDs and U.S. Treasury ChecksRead the Press Release
An El Cerrito, California, man was sentenced to serve 54 months in prison today for aggravated identity theft and conspiring to steal government funds, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Brian J. Stretch for the Northern District of California.
According to documents filed with the court, from about August 2013 through April 2015, Brandon Robinson, 35, and his co-conspirators, stole names of deceased individuals and used them to file federal tax returns seeking refunds. Robinson paid cashiers at stores in the Richmond-area to cash the fraudulently obtained refund checks. Robinson also cashed stolen tax refund and social security benefit checks that were intended for other individuals. Robinson admitted that he and his co-conspirators attempted to cash more than $500,000 in fraudulently obtained and stolen checks.
In addition to the term of prison imposed, Robinson was also ordered to serve 36 months of supervised release and to pay $30,119 in restitution to the Internal Revenue Service. Robinson previously pled guilty in February to aggravated identity theft and conspiracy to commit theft of public money.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Stretch commended special agents of IRS–Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorneys Thomas Newman and Jose A. Olivera, and Trial Attorney Gregory Bernstein of the Justice Department Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
CFO of “Soup Nazi” Business Indicted for Tax EvasionRead the Press Release
An indictment was unsealed earlier today at the federal courthouse in Brooklyn charging Robert N. Bertrand, the Chief Financial Officer of Soupman, Inc., with 20 counts of failure to pay Medicare, Social Security, and federal income taxes. Soupman, Inc., which is based in Staten Island, and licenses the name and recipes of Al Yeganeh, the “Soup Nazi” character from the television series “Seinfeld.” The defendant will be arraigned this afternoon before United States Magistrate Judge Marilyn D. Go.
The charges were announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, and James D. Robnett, Special Agent in Charge, Internal Revenue Service-Criminal Division, New York Field Office (IRS).
As alleged in the indictment and publicly filed documents, Bertrand had a corporate responsibility to collect, truthfully account for, and pay Medicare, Social Security, and federal income taxes (collectively, “trust fund taxes”) for Soupman’s employees. However, between 2010 and 2014, Bertrand paid Soupman employees on the side in unreported cash amounts, and compensated certain employees in large unreported stock awards. Bertrand never reported this employee compensation to the IRS, and never paid trust fund taxes on the cash payments or the stock awards, despite a 2012 warning from an external auditor that these payments should be reported to the IRS. From 2010 through 2014, Soupman’s total approximate unreported cash and stock compensation was $2,850,967.59, and the total approximate tax loss to the United States was $593,971.52.
“As alleged, the United States was fleeced out of more than half a million dollars through the defendant’s corporate misdeeds,” stated Acting United States Attorney Rohde. “Tax crimes like those alleged in the indictment hurt every American citizen. My Office and our law enforcement partners will prosecute such crimes to the full extent of the law.”
“IRS Criminal Investigation, along with the Justice Department, realizes the negative consequences employment tax evasion has on the solvency of the United States government,” stated Special Agent-in-Charge Robnett. “However, this type of evasion also results in the loss of future Social Security and Medicare benefits for the employees of Soupman Inc. as well.”
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted of the offense, Bertrand faces a maximum sentence of five years’ imprisonment.
The government’s case is being handled by the Office’s General Crimes Division. Assistant United States Attorney Kaitlin T. Farrell is in charge of the prosecution.
The Defendant:
Robert N. Bertrand
Age: 62
Norwalk, Connecticut
E.D.N.Y. Docket No. 17-CR-186 (RRM)
Buffalo Man Sentenced on Gun 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 Guy Lightfoot, 59, of Buffalo, NY, who was convicted of being a felon in possession of firearms and ammunition, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on January 12, 2012 law enforcement officers executed a search warrant at the defendant’s residence at 1953 Falls Street in Niagara Falls. During the search, officers recovered two firearms and ammunition. A third firearm was recovered as a result of the search. Co-defendant, Jerry Brown, fled the scene and led officers on a car chase. The chase ended when Brown abandoned the vehicle in the middle of the road and tossed the gun on a rooftop. Lightfoot admitted to giving the third firearm to Brown immediately prior to his being apprehended by the police.
Lightfoot was convicted of Forgery in the First Degree in the State of Georgia and is prohibited from legally possessing a firearm.
Charges are pending against Jerry Brown. 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.
The plea is the result of an investigation by the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in Charge James C. Spero.
Bergen County Man Admits Robbery of New Jersey Bar, Carjacking, and Violent Kidnapping of Taxi DriverRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, man today admitted participating in the December 2015 robbery of a North Jersey bar and the violent carjacking and kidnapping that took place shortly afterwards, Acting U.S. Attorney William E. Fitzpatrick announced.
Wilbur Jonathon Barahona, 21, of Ridgewood, New Jersey, pleaded guilty before U.S. District Judge Jose L. Linares in Newark federal court to a three-count information charging him with conspiracy to commit Hobbs Act Robbery, carjacking, and kidnapping.
According to documents filed in this case and statements made in court:
Barahona admitted that on Dec. 25, 2016, he and others forcibly robbed a bar in Hawthorne, New Jersey, and subsequently fled with approximately $200 in cash.
Afterwards, in the early morning hours of Dec. 26, 2015, Barahona and others hailed a taxi in Paterson, New Jersey, and forcibly took the taxi from the driver. Barahona admitted that he and others forced the driver into the back of the vehicle and took over driving. Barahona also admitted that during the carjacking, other conspirators caused seriously bodily injury to the driver by hitting him in the head with a beer bottle and slicing his throat with a knife before eventually leaving him on the side of the road in New York. The taxicab driver survived.
The kidnapping charge carries a maximum potential penalty of life imprisonment. The carjacking charge carries a maximum potential penalty of 25 years in prison. The conspiracy charge carries a maximum potential penalty of up to 20 years in prison. Sentencing is scheduled for Aug. 16, 2017.
Balmore Carrillo-Iraheta, 19, of Suffern, New York, who previously was indicted for his role in the Hobbs Act Robbery of the Hawthorne bar, pleaded guilty before Judge Linares in Newark federal court on May 15, 2017, to one count of conspiracy to commit Hobbs Act Robbery. All six men originally charged by complaint for their respective roles in the Hobbs Act Robbery, carjacking, and kidnapping have pleaded guilty and await sentencing.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, investigators from the Bergen County Prosecutor’s Office, under the direction of Prosecutor Gurbir S. Grewal, and the Ridgewood and Hawthorne Police Departments with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorneys Elaine K. Lou and Karen D. Stringer of the U.S. Attorney’s Office’s Criminal Division in Newark.
Defense counsel: Carol Gillen Esq., Assistant Federal Public Defender, Newark
Armed Career Criminal Sentenced to 15 Years in Prison for Federal Firearms ViolationRead the Press Release
CHARLOTTE, N.C. – A South Carolina man was sentenced in federal court on Monday, May 22, 2017, for being a felon in possession of a firearm, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Marion Quinton Brewster, 38, of Columbia, S.C. was sentenced by U.S. District Judge Max O. Cogburn, Jr. to 180 months in prison, followed by five years of supervised release.
C.J. Hyman, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Kerr Putney of the Charlotte-Mecklenburg Police Department (CMPD) join U.S. Attorney Rose in making today’s announcement.
According to the filed court documents and statements made in court, on May 19, 2016, CMPD officers responded to an armed robbery call at a self-service car wash located in Charlotte, N.C. When officers arrived, the victim reported that he had been robbed at gunpoint while washing his vehicle, by a man later identified as Brewster. Court records indicate that shortly thereafter, based on information provided by the victim, law enforcement located Brewster, who was riding as a passenger in a green Ford Expedition. CMPD officers conducted a traffic stop of the vehicle. According to court records, as they approached the vehicle, Brewster fled the scene on foot. A short foot chase ensued, during which law enforcement observed Brewster drop a handgun. Law enforcement apprehended Brewster and recovered the firearm, which was subsequently identified as a stolen Smith & Wesson .38 caliber handgun.
At the time of the offense, Brewster was a convicted felon and was prohibited from possessing a firearm. Brewster pleaded guilty to the firearm offense in January 2017. Court records indicate that Brewster had prior criminal convictions in South Carolina for offenses related to armed robbery and carjacking, and at sentencing he qualified as an armed career criminal.
Brewster is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
In making today’s announcement, U.S. Attorney Rose thanked ATF and CMPD for leading the investigation.
Assistant United States Attorney Robert Gleason, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Another Albuquerque Drug Trafficker Pleads GuiltyRead the Press Release
ALBUQUERQUE – Devell Devoual, 35, of Albuquerque, N.M., pled guilty today in federal court to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office
Devoual and co-defendants Dwayne Cunningham, 49, and Cedric Laneham, 39, were charged as the result of an ATF-led investigation that resulted in the filing of 59 federal indictments and a federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Devoual and his co-defendants were arrested in July 2016, on an indictment charging them with conspiring to distribute methamphetamine between May 16, 2016 and June 2, 2016. The indictment also charged Devoual and Laneham with distributing methamphetamine on May 17, 2016; and Devoual and Cunningham with possessing methamphetamine with intent to distribute on June 2, 2016. According to the indictment, the defendants committed the offenses in Bernalillo County, N.M.
During today’s proceedings, Devoual pled guilty to an information charging him with distribution of methamphetamine and admitted distributing more than 50 grams of methamphetamine on May 17, 2016. At sentencing, Devoual faces a maximum penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
To date, 51 of the 104 defendants have entered guilty pleas, including Cunningham, and 18 have been sentenced. The remaining defendants, including Laneham, have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
These cases were investigated by the Albuquerque office of ATF. This case is being prosecuted by Assistant U.S. Attorneys David M. Walsh and Norman Cairns.
Albany Physician Pays $100,000 and Agrees to 15-Year Period of Exclusion from Medicare for Submitting False ClaimsRead the Press Release
ALBANY, NEW YORK – Dr. Michael Esposito has agreed to pay $100,000 for billing Medicare despite his exclusion from all federal health care programs, announced United States Attorney Richard S. Hartunian. Dr. Esposito is an endocrinologist who treated patients in the Capital Region until earlier this year, when the New York State Board of Professional Medical Conduct ordered him to stop practicing medicine because he had engaged in professional misconduct.
Medicare is a federally funded program that subsidizes health insurance for the elderly and disabled. In December 2016, Dr. Esposito entered into an agreement with the Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG) to resolve allegations that he had forged the signature of another physician on prescriptions for opioids and other prescription drugs for himself and another individual that were paid for by Medicare. As a condition of that agreement, Dr. Esposito was excluded for five years from participating as a provider with Medicare and all other federal health care programs. As a result of his exclusion, Dr. Esposito was prohibited from billing such programs for his medical services.
As part of today’s settlement, Dr. Esposito admitted that he continued to bill Medicare for services over a two-month period following the effective date of his exclusion and acknowledged that his conduct violated both his agreement with HHS-OIG and the False Claims Act. In addition to paying $100,000, Dr. Esposito agreed to be excluded from Medicare and all other federal health care programs for 15 years.
“As today’s settlement demonstrates, my office will hold accountable those who submit false claims for payment to government programs,” said U.S. Attorney Hartunian. “We will continue to use the False Claims Act to pursue those who knowingly bill federal health care programs for services furnished, ordered, or prescribed by excluded providers.”
“This settlement is another example of our commitment to holding health care providers accountable for their actions,” said Special Agent in Charge Scott J. Lampert of HHS-OIG’s New York Region. “HHS-OIG will continue to protect the integrity of our nation’s federally funded health care programs, and ensure that those who submit claims to those programs do so in an honest manner.”
The investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York and HHS-OIG. The United States was represented by Assistant U.S. Attorney Adam J. Katz.
Alaskan Taxidermist Pleads Guilty to Smuggling Exotic Birds into the U.S.Read the Press Release
GAINESVILLE, FLORIDA – Heinrich “Henry” Springer, of Anchorage, Alaska, has pled guilty to conspiracy to smuggle wildlife and other protected species, transporting wildlife in violation of foreign law, and concealing illegally imported merchandise. The guilty plea was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
Between May 2010 and October 2014, Springer and Anthony Gilyard, of Williston, Florida, conspired to smuggle and trade in endangered, protected, and threatened birds, in violation of the Migratory Bird Treaty Act and the Convention on International Trade in Endangered Species. Over the years, Springer collected more than 5,000 bird specimens through hunting, purchase, and trade. He traveled internationally to obtain them, acquiring birds from Mongolia, Kazakhstan, Kyrgyzstan, Africa, Australia, Siberia, and South America.
Springer and Gilyard were taxidermists with an in-depth knowledge of domestic and international wildlife laws. Gilyard unlawfully acquired the birds from foreign sellers and traders, and Springer then smuggled the birds into the United States.
For the conspiracy charge, Springer faces a maximum of five years in prison and a $250,000 fine. For the wildlife transportation charge, he faces a maximum of five years in prison and a $20,000 fine. For the smuggling charge, he faces a maximum of 20 years in prison and a $250,000 fine. Springer is scheduled to be sentenced on August 28, 2017, at 2:00 p.m.
The case was investigated by the United States Fish and Wildlife Service. This case is being prosecuted by Assistant U.S. Attorney Gregory P. McMahon.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
13 Defendants, Many Linked to Local Street Gangs, Charged with Credit Card Skimming and Narcotics TraffickingRead the Press Release
LOS ANGELES – Thirteen people, most of whom are linked to La Mirada- and Norwalk-based street gangs, have been charged in federal court in a bank fraud scheme involving “skimmed” credit cards, and in narcotics cases, one of which alleges a transaction involving over three kilograms of methamphetamine.
Authorities this morning arrested 11 of the defendants, the lead defendant in the credit card fraud case was arrested late this afternoon, and law enforcement continues to search for one more defendant who remains at large.
The credit card skimming operation was allegedly operated by a man linked to a criminal street gangs known as the La Mirada Punks and the Carmelas. Russell Jay Ogden, along with his wife, are accused of leading the scheme that allegedly skimmed credit cards – meaning victims’ credit cards were surreptitiously run through an electronic device that collected the cards’ information. Members of the scheme then encoded the stolen information on counterfeit credit cards and used the fraudulent cards to purchase big ticket items that were later sold for a profit. The investigation has determined that many of the credit cards in this case were skimmed at a restaurant in Huntington Beach.
In total, the conspiracy compromised more than 500 credit cards and caused various financial institutions to suffer losses of more than $500,000 after the cards were used across Southern California at department stores such as Nordstrom and Bloomingdales, sporting goods stores and Toys R Us, according to the bank fraud indictment unsealed today.
Those charged in the 27-count bank fraud indictment are:
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Russell Jay Ogden, also known as “Big Dog,” 43, of La Mirada, who was taken into custody late this afternoon and is expected to be arraigned tomorrow;
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Rudy Leo Aguilar, also known as “Fats” and “Dreamer,” 32, of Norwalk, who was previously convicted of voluntary manslaughter in a gang-related incident and was sentenced to 13 years in state prison;
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Blaine Andrew Porlas, 51, of La Habra, who is linked to the Nazi Low Riders;
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Marco Anthony Alday III, 26, of Whittier;
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Milan Vukelich, also known as “Bo,” 37, of Artesia;
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Shelly Anne Ogden, who is Russell Ogden’s wife, 41, of La Mirada;
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Leo Norman Aguilar, 32, of Norwalk;
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Ameer Adnan Yousef, 32, of La Mirada;
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Shawn Phillip Vasquez, 49, of Hesperia; and
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Lloyd Luis Leyh, 43, of Huntington Beach, who was sentenced to 13 years in state prison in an attempted murder case involving a firearm, and who is currently a fugitive in this case.
Many of these defendants are members of the La Mirada Punks and the Norwalk-based Carmelas criminal street gangs, and most of the defendants have felony records, it was disclosed in court this afternoon.
Each defendant is charged with conspiracy to commit bank fraud, a charge that carries a statutory maximum sentence of 30 years in federal prison. Most of the defendants are also charged in other counts of credit card fraud and aggravated identity theft.
Rudy Leo Aguilar is also named in a separate indictment that charges him with distributing nearly two pounds of methamphetamine.
Two additional defendants are charged in another narcotics-trafficking case involving methamphetamine. They are:
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Gustavo Uribe Meza, also known as “Big Boy” and “Goose,” 24, of Whittier; and
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Peter Chiapparine, also known as “Uncle Pete,” 72, of South Gate.
The final defendant arrested in the takedown is charged in an indictment that accuses him of trafficking approximately 3.6 kilograms of methamphetamine and federal firearms violations. He is:
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Norman Aguilar Jr., also known as “Flea,” who is Leo Aguilar’s brother, 35, of Norwalk.
In court this afternoon, the 11 defendants arrested this morning entered not guilty pleas and were ordered to stand trial on July 18. Prosecutors said that searches conducted today revealed evidence that the credit card scheme was ongoing.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
The investigation into the Ogdens and their associates is being conducted by a Task Force that includes the Federal Bureau of Investigation, the Drug Enforcement Administration, the Huntington Beach Police Department, the Brea Police Department and the United States Secret Service.
These cases are being prosecuted by Assistant United States Attorneys Lana Morton-Owens and Saurish Bhattacharjee of the Violent and Organized Crime Section.
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22 May 2017
Willoughby man sentenced to more than six years in prison for having images of children being sexually assaultedRead the Press Release
A Willoughby man was sentenced to more than six years in prison for having images of children being sexually assaulted by adults and engaged in bestiality, said Acting U.S. Attorney David A, Sierleja.
John Clements, 34, was sentenced to 78 months in federal prison.
He was previously found guilty of receiving and distributing visual depictions of minors engaged in sexually explicit conduct.
Clements was found to have, in 2014, received and distributed computer images of actual prepubescent children being sexually assaulted by adults, being bound, and involving an animal, according to court documents and statements.
The case was prosecuted by Assistant U.S. Attorneys Brian M. McDonough and Michael A Sullivan following an investigation by the FBI Child Exploitation Task Force.
Wethersfield Man Sentenced to Prison for Distributing Heroin Involved in 19-Year-Old's Overdose DeathRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that CARLOS CARRILLO, 20, of Wethersfield, was sentenced today by Senior U.S. District Judge Alfred V. Covello in Hartford to six months of imprisonment, followed by three years of supervised release, for distributing heroin involved an overdose death of a Wethersfield teenager last summer. Judge Covello also ordered CARRILLO to pay restitution of $10,524.02 to the victim’s family to cover the victim’s funeral expenses.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, on July 16, 2016, Wethersfield Police and emergency medical personnel responded to a residence in Wethersfield and found an unresponsive 19-year-old female on a bed in a bedroom of the home. The victim was pronounced deceased at the scene. Investigators located a torn wax paper packet under the female’s body and another packet on the nightstand. Subsequent laboratory testing of the contents of the packets confirmed the presence of heroin.
The investigation revealed that earlier on July 16, 2016, the victim and a juvenile friend met with CARRILLO in the parking lot of a Wethersfield motel and purchased two bags of heroin from CARRILLO for 10 dollars.
CARRILLO was arrested on a federal criminal complaint on August 2, 2016. On January 26, 2017, he pleaded guilty to one count of distribution of heroin.
This matter was investigated by the Drug Enforcement Administration and the Wethersfield Police Department. The case was prosecuted by Assistant U.S. Attorneys Jennifer P. Laraia and Michael E. Runowicz.
West Virginia Man Charged with Fraud Tied to Stolen Gardner Museum PaintingsRead the Press Release
BOSTON – A Beckley, W.Va. man was arrested today on fraud charges in connection with his scheme to sell paintings stolen from the Isabella Stewart Gardner Museum in 1990 on Craigslist.
Todd Andrew Desper, a/k/a “Mordokwan,” 47, was charged in federal court in Boston with wire fraud and attempted wire fraud. Desper was arrested this afternoon at his home in Beckley, W.Va. He will be held in custody overnight and will have an initial appearance in the U.S. District Court for the Southern District of West Virginia tomorrow morning. He will appear in federal court in the District of Massachusetts on June 9, 2017.
According to the criminal complaint, Desper, acting under the pseudonym “Mordokwan,” solicited buyers for both the Storm on the Sea of Galilee and Vermeer’s The Concert on Craigslist in a number of foreign cities including Venice and London. Desper directed interested buyers to create an encrypted email account to communicate with him. Authorities were notified of the foreign Craigslist notices by individuals seeking to assist in the recovery of the artwork, as well as those seeking the $5 million reward offered by the Museum.
At the direction of federal authorities, the security director for the Gardner Museum engaged in encrypted communications with Desper in an attempt to determine whether Desper had access to the stolen masterpieces. Desper allegedly instructed him to send a cashier’s check for $5 million to a location in West Virginia and that Storm on the Sea of Galilee would then be sent in return, concealed behind another painting.
It is alleged that the investigation ultimately revealed that Desper had no access to, nor information about, the stolen paintings, but was instead engaged in a multi-million dollar fraud scheme targeting foreign art buyers.
The charging statute provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
On March 18, 1990, 13 pieces of artwork were stolen from The Isabella Stewart Gardner museum in the early morning hours. According to security guards, two white males dressed in Boston Police uniforms gained entrance to the Gardner Museum by explaining that they were responding to a report of a disturbance within the museum compound. Upon entry, the thieves subdued and secured the guards and went on to commit the largest art theft in history, taking 13 works of art including Rembrandt’s Storm on the Sea of Galilee and Vermeer’s The Concert. The combined value of the art stolen during the Gardner theft is estimated at $500 million, although several of the works are considered priceless within the art community.
Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistance was provided by the Isabella Stewart Gardner Museum, as well as the U.S. Attorney’s Office for the Southern District of West Virginia, the FBI Pittsburgh Field Division, and Beckley Police Department. The case is being prosecuted by Assistant U.S. Attorney John T. McNeil of the U.S. Attorney’s Office Criminal Division.
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.
United States Reaches $291,288 Civil Settlement with Dr. Sherry Ma and Aima Neurology, LLC Related to Botox® and Myobloc® InjectionsRead the Press Release
St. Louis, Missouri: Acting United States Attorney Carrie Costantin announced today that the United States, Sherry X. Ma, M.D., of Ladue, Missouri, and AIMA Neurology, LLC, reached a civil settlement that will resolve the United States= claims against Dr. Ma and AIMA Neurology under the False Claims Act for false Medicare billings related to Dr. Ma’s Botox® and Myobloc® injections.
According to the United States’ allegations, Dr. Ma received vials of Botox® and Myobloc® at no charge that were supposed to be used for specific patients with private health insurance. After using a portion of the Botox® or Myobloc® on the specific patients, instead of discarding the remainder of the medications contained within vials labeled as single-dose vials, Dr. Ma would keep and store the leftover Botox® and Myobloc® at AIMA Neurology, where she was the only physician. Subsequently, Dr. Ma used the remaining portion of the vials of Botox® and Myobloc® on Medicare patients but submitted claims for payment to Medicare as if she had purchased new vials. According to the United States’ allegations, Dr. Ma and AIMA Neurology’s medical records for certain Medicare patients were false in that they contained incorrect lot numbers of the Botox® and Myobloc® vials used in treatment with Medicare patients. Federal law generally prohibits health care providers from seeking reimbursement from Medicare for items that they obtained at no cost.
As part of the settlement, Dr. Ma and AIMA Neurology will repay the United States $291,288.06.
This civil settlement is part of ongoing efforts by the Department of Justice and the United States Department of Health and Human Services (HHS) to recover funds diverted from the Medicare Trust Account and is the result of a joint effort between the U.S. Attorney=s Office for the Eastern District of Missouri and the HHS Inspector General=s Office of Investigations.
U.S. Attorney’s Office Concludes Investigation into Fatal Shooting in Northeast WashingtonRead the Press Release
WASHINGTON - The U.S. Attorney’s Office for the District of Columbia announced today that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against a detective from the Metro Transit Police who was involved in the fatal shooting on July 4, 2016, of Sidney Washington, Jr. in Northeast Washington.
The U.S. Attorney’s Office and the Metropolitan Police Department (MPD) conducted a comprehensive review of the incident. This included interviews of civilian and law enforcement witnesses as well as a review of photographs, diagrams, physical evidence, recorded radio communications, video surveillance footage, the autopsy report, and reports from the Metropolitan Police Department, Metro Transit Police Department, and District of Columbia Department of Fire and Emergency Medical Services.
According to the evidence, on July 4, 2016, officers and detectives with the Metro Transit Police Department were deployed to the area near the Deanwood Metro Station in Northeast Washington amid concerns about rival gangs and potential violence. At approximately 10:30 p.m., two rival groups began shooting fireworks at each other and into the Metro station. Metro Transit Police officers and detectives dispersed the two groups.
At least one team of two detectives remained in the area and parked in the 4900 block of Quarles Street NE; they were in an unmarked vehicle but wore tactical clothing that had “POLICE” written across the front. While parked in the area, the detectives saw Mr. Washington walk to the intersection of 49th and Quarles Streets NE, and display a silver handgun.
According to the evidence, the detectives saw Mr. Washington discharge the firearm toward a large crowd of people that were approximately 50 to 75 feet away. The detective behind the driver’s wheel of the unmarked police car pulled up next to Mr. Washington and yelled, “Police!” Instead of surrendering, Mr. Washington turned toward the detective and discharged his firearm at close range, striking the driver’s side door of the police car at least twice. The detective returned fire, striking Mr. Washington, who fell to the ground, landing in a seated position. Then, while in a seated position, Mr. Washington discharged additional rounds at the detective, and the detective fired back until Mr. Washington fell backwards onto the ground.
After the scene was secured, mobile crime technicians recovered a Colt .45-caliber pistol, which was near Mr. Washington’s body. The technicians also recovered nine 45-mm cartridge casings and one 9 mm cartridge casing from the intersection where Mr. Washington was observed discharging the weapon.
The Office of the Chief Medical Examiner for the State of Maryland determined that Mr. Washington, 21, died from multiple gunshot wounds. An autopsy determined that Mr. Washington had five gunshot wounds, including two to the chest, one to the upper abdomen, one to the right forearm, and one to the right buttock.
After a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that the detective used excessive force under the circumstances. To the contrary, there is sufficient evidence that the detective was acting in self-defense and defense of others at the time of the shooting.
Use-of-force investigations generally
The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law. To prove such violations, prosecutors must typically be able to prove that the involved officers willfully used more force than was reasonably necessary. Proving “willfulness” is a heavy burden. Prosecutors must not only prove that the force used was excessive, but must also prove, beyond a reasonable doubt, that the officer acted with the deliberate and specific intent to do something the law forbids. A conclusion that “there is insufficient evidence” is not meant to suggest anything further about what evidence, if any, exists.
The U.S. Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are investigated fully and completely. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.