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25 October 2016
Former Arlington, Texas, Man Sentenced to 72 Months in Federal Prison in Passport Fraud CaseRead the Press Release
FORT WORTH, Texas — A former fugitive who was wanted for various offenses, including most recently, making a false statement on a passport application, pleaded guilty to that offense in federal court and has been sentenced by U.S. District Judge Reed C. O’Connor to 72 months in federal prison, announced U.S. Attorney John Parker of the Northern District of Texas.
Avniel Awan Anthony, 40, a U.S. citizen and former resident of Arlington, Texas, was taken into custody on April 14, 2016, by the Diplomatic Security Service (DSS) and the U.S. Marshals Service (USMS). Anthony pleaded guilty in June 2016 to an indictment charging one count of false statement in passport application.
In documents filed in the case, Anthony admitted that in October 2013, he willfully and knowingly made a false statement in an application for a passport, when he knowingly falsely stated his name was “Dominic Dewayne Wilson” on the passport application he submitted at the U.S. Post Office located on E. Bardin Road in Arlington. In support of that application, Anthony presented a postal clerk a Texas identification card bearing his photograph and the name “Dominic Dewayne Wilson,” and he falsely swore that the information on the application was true.
Anthony was a DSS fugitive wanted for passport fraud, identity theft, evading the police, and being a felon in possession of a firearm. Anthony changed his identity and fled to Playa de Carmen, Mexico, where he remained a fugitive until DSS located him in March 2016.
DSS and the USMS coordinated with the Playa de Carmen Tourist Police and Mexican immigration officials to locate, arrest, and return Anthony to the U.S. to face charges.
The DSS is the security and law enforcement arm of the U.S. Department of State with agents located in more than 160 countries worldwide. DSS and the USMS work together to locate and return U.S. fugitives from abroad.
Assistant U.S. Attorney J. Michael Worley prosecuted the case.
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Firearms Dealer Gets over Five Years in Prison for Selling More Than 200 Guns to Drug Dealer, Other Criminals in South JerseyRead the Press Release
CAMDEN, N.J. – A Burlington County, New Jersey, man was sentenced today to 70 months in prison for selling to a Camden drug dealer and other criminals in the Camden area at least 200 firearms that he purchased with cash from other illicit firearms dealers, U.S. Attorney Paul J. Fishman announced.
Joshua Jackson, 36, a/k/a “Trent,” of Willingboro, New Jersey, previously pleaded guilty before U.S. District Judge Robert B. Kugler to an information charging him with one count each of dealing firearms without a license, conspiracy to deal in firearms without a federal firearms license, and possession of firearms by a convicted felon. Judge Kugler imposed the sentence today in Camden federal court.
According to documents filed in this and related cases and statements made in court:
Jackson admitted that between December 2009 and September 2010, he sold or brokered the sale of at least 200 handguns that he purchased with cash from illegal gun distributors in Ohio and from straw purchases made by his associates from gun stores in Columbus, Ohio.
Jackson sold many of the weapons to Terrance Laboo, 43, of Oaklyn, New Jersey. Laboo, who previously pleaded guilty in this matter, admitted that at the time he purchased these firearms, he was distributing PCP and cocaine from the corner of 4th and Chestnut Streets in Camden. Laboo also admitted that he sold, directed or brokered the sale of many of the firearms he purchased to other drug dealers in southern New Jersey.
Jackson obtained most of the firearms through purchases at gun shows from unlicensed gun sellers who were not subject to background checks. Some of the firearms also were purchased at Ohio gun stores by straw purchasers working for Jackson, who then transported the handguns to New Jersey from Ohio and resold them to Laboo and others in the Camden area.
Jackson transported the illegal firearms into the Camden area using a rental car or by having an associate transport them in duffel bags on Greyhound buses running between Columbus and bus terminals in Philadelphia and Mount Laurel, New Jersey.
In addition to the prison term, Judge Kugler sentenced Jackson to three years of supervised release.
U.S. Attorney Fishman credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), under the direction of Special Agent in Charge George P. Belsky, with the investigation leading to today’s sentence. He also thanked the U.S. Attorney’s Office in the Southern District of Ohio, directed by U.S. Attorney Benjamin C. Glassman, and agents of the ATF Field Division in Columbus, under the direction of Acting Special Agent in Charge Bradley Earman for their assistance.
The government is represented by Assistant U.S. Attorney Patrick C. Askin of the U.S. Attorney’s Office Criminal Division in Camden.
Defense counsel: Justin Loughry Esq., Philadelphia
Fifty-seven Pounds of Meth Earns Driver 10 Years in Federal PrisonRead the Press Release
TOPEKA, KAN. – A man from Washington state was sentenced Monday to 10 years in federal prison for drug trafficking in Kansas, Acting U.S. Attorney Tom Beall said.
Hector M. Birrueta, 32, Pasco, Wash., pleaded guilty to one count of possession with intent to distribute methamphetamine. Law enforcement officers found 57 pounds of methamphetamine in his car when they stopped him Oct. 17, 2015, on I-70 Ellis County, Kan.
Beall commended the Drug Enforcement and Assistant U.S. Attorney Michelle Jacobs for their work on the case.
Federal and State Officials and Maine ACLU Attorney Available to Field Election Fraud ClaimsRead the Press Release
Contact: John G. Osborn
Tel: (207) 771-3214
Andrew McCormack
Tel: (207) 262-4615
Assistant U.S. AttorneysPortland, Maine: United States Attorney Thomas E. Delahanty II announced today that his office, in cooperation with Maine State officials, will participate in the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016 general elections. The program is designed to handle complaints in the District of Maine of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington and the State of Maine Attorney General’s Office.
Assistant U.S. Attorneys (AUSAs) John G. Osborn and Andrew McCormack will lead the efforts of the U.S. Attorney’s Office. AUSAs Osborn and McCormack have been appointed to serve as District Election Officers (DEOs) for District of Maine. Maine Assistant Attorney General (AAG) Phyllis Gardiner and Deputy Secretary of State Julie Flynn will coordinate election oversight for the State of Maine. Attorney Zachary Heiden of the American Civil Liberties Union (ACLU) of Maine will also be available to assist anyone who experiences difficulty in exercising their right to vote.
In addition, the Federal Bureau of Investigation (FBI) will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day.
Arrangements have been made for attorneys to have immediate access to both federal and state court judges during the times that the polls are open to assist in the enforcement of voting rights if necessary.
U.S. Attorney Delahanty said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.The voting franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Delahanty stated that DEOs Osborn and McCormack will be on duty in his office while the polls are open. They can be reached by the public at the following telephone numbers: (207) 771-3214 (AUSA Osborn) and (207) 262-4615 (AUSA McCormack).
The principal Maine FBI field office can be reached by the public at (207) 774-9322.
AAG Phyllis Gardiner may be contacted at the Attorney General’s Office by calling: (207) 626-8880. Deputy Secretary of State Flynn can be reached at (207) 624-7650. Attorney Zachary Heiden of the ACLU of Maine will be available at (207) 650-9535.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Delahanty said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my office, the FBI, or the Civil Rights Division.”
Elyria man sentenced to more than four years in prison for mailing what he claimed was anthraxRead the Press Release
An Elyria man was sentenced to more than four years in prison for making threats with a white powdery substance, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Drew D. Manns, 33, was sentenced to 51 months in prison. It will be served consecutively to his state prison sentence stemming from an arson.
Manns previously pleaded guilty to mailing threatening communications and related charges.
Manns sent Summit County Clerks and Prosecutor’s Office letters including a white powdery substance, and identified the substance as anthrax in the body of the accompanying letters, according to court documents.
The Summit County Prosecutor’s Office conducted the investigation. The case is being prosecuted by Assistant United States Attorney Marisa T. Darden.
Election Officer Will Be on Duty to Receive Complaints of Election Fraud, Voting Rights AbusesRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that Assistant U.S. Attorney Patrick D. Daly will lead the efforts of her office in connection with the Justice Department’s nationwide election day program for the Nov. 8, 2016, general elections.
Daly has been appointed to serve as the District Election Officer for the Western District of Missouri, and in that capacity is responsible for overseeing the district’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department headquarters in Washington, D.C.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The department’s long-standing election day program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
In order to respond to complaints of election fraud or voting rights abuses on Nov. 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, Daly will be on duty in this district while the polls are open. He can be reached by the public at 816-426-3000.
The FBI’s Kansas City Field Office will also have special agents available to receive allegations of election fraud, intimidation, suppression and other election abuses. The public can provide information regarding possible election crimes to the FBI’s Kansas City Field Office’s toll-free hotline, 1-855-527-2847, or email [email protected].
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, D.C., by phone at 1-800-253-3931 or 202-307-2767, by fax at 202-307-3961, by e-mail to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
District Elections Officer Selection for November 8, 2016Read the Press Release
HAMMOND- United States Attorney David Capp announced today that Assistant United States Attorney (AUSA) Gary T. Bell will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. AUSA Bell has been appointed to serve as the District Election Officer (DEO) for the Northern District of Indiana, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Capp stated that AUSA/DEO Gary T. Bell will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number 219-937-5656.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The Indiana FBI Field Office can be reached by the public 24 hours a day, 7 days a week at 317-595-4000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
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District Election Officer on Duty for November 8, 2016Read the Press Release
United States Attorney Annette L. Hayes announced today that Assistant United States Attorney (AUSA) Arlen Storm will lead the Office’s work in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. AUSA Storm is the District Election Officer (DEO) for the Western District of Washington, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with the Justice Department in Washington D.C.
United States Attorney Annette L. Hayes said, “Every citizen has the right to vote without interference or discrimination, and to have that vote counted without fraud in the electoral process. The Department of Justice will act promptly and aggressively to protect the integrity of the election.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals. It seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department to whom the public can report possible election fraud and voting rights violations while the election is ongoing.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts of intimidation or harassment. For example, actions designed to interrupt or intimidate voters by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The right to vote is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise be allowed to exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses including on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Annette L. Hayes stated that AUSA/DEO Storm is on duty while voting is ongoing in Western Washington. He can be reached by the public at the following telephone number: (253) 428-3807.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (206) 622-0460.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, D.C. by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
It is imperative that anyone who has specific information about discrimination or election fraud provide that information in a timely manner to the U.S. Attorney’s Office, the FBI, or the Civil Rights Division.
Department of Justice Awards over $700,000 to Portland State University Law Enforcement and Justice InitiativesRead the Press Release
PORTLAND, Ore. – The Department of Justice (DOJ) has announced grant program awards in excess of $700,000 will be given to Portland State University (PSU) in support of four campus law enforcement and community justice initiatives. The awards recognize and support the work of both law enforcement and universities in developing new and innovative ways of administering justice programs on and off campus.
The funded programs vary in size, scope and subject matter. A $400,000 grant has been awarded by the DOJ Office on Violence Against Women (OVW) in support of a research partnership between PSU, the Center for Court Innovation, Multnomah County Family Court, and additional community partners. The goal of the project is to generate culturally responsive practices and policies related to procedural justice for survivors of domestic violence.
“We’re thrilled to be conducting one of the very first DOJ grant projects of this kind in the family court setting,” said Anna Rockhill, a senior research associate at PSU’s School of Social Work and co-principal investigator on the project. “We hope to deepen our understanding of the needs of a variety of different cultural and linguistic minority groups and turn those insights into concrete practice and policy recommendations.”
The DOJ Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) will give $250,000 to PSU to expand an initiative aimed at reducing sexual violence on college campuses. The additional award will augment a three-year $750,000 award received in 2015-2016 to develop a "situation-based" prevention approach to address campus sexual assault.
In the first phase of the project, PSU College of Liberal Arts and Sciences psychology professor Keith L. Kaufman and co-investigator Sarah McMahon of Rutgers University will tailor Kaufman’s four-step “Situational Prevention Approach” to help identify and address risk factors that can lead to sexual assault. Phase one sites include PSU, Rutgers, and Portland Community College. In the second phase, they will use the resulting implementation manual to guide five additional campuses’ use of the approach and gather feedback to finalize it for national dissemination. The five phase two campuses are: Penn State University, Catholic University, Fairleigh Dickinson University, Northern Virginia Community College, and Linfield College. The new, supplemental award will allow for the inclusion of all five colleges and universities in the critical second phase of the development process.
“Having more campus participants will allow us to strengthen the Campus Situational Prevention Approach to more fully realize its potential to address campus sexual assault,” Kaufman said.
The National Institute of Justice (NIJ), the Justice Department’s lead research and evaluation organization, seeks to improve knowledge and understanding of crime and justice issues through science. NIJ has awarded PSU nearly $40,000 to support National Archive of Criminal Justice Data (NACJD) evaluation and analysis to help criminal justice agencies make informed decisions about the types of research programs they invest and participate in.
Finally, the PSU Campus Public Safety Office will receive $20,000 as part of the Justice Department’s Body-Worn Camera Program.
Each year, the Justice Department offers hundreds of funding opportunities to support law enforcement and public safety activities in state, local and tribal jurisdictions; to assist victims of crime; to provide training and technical assistance; to conduct research; and to implement programs that improve the criminal, civil, and juvenile justice systems. To learn more about DOJ grant opportunities, please visit: www.justice.gov/business/grants.
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About Portland State University
As Oregon's only urban public research university, Portland State offers tremendous opportunity to 29,000 students from all backgrounds. Our mission to "let knowledge serve the city" reflects our dedication to finding creative, sustainable solutions to local and global problems. Our location in the heart of Portland, one of America's most dynamic cities, gives our students unmatched access to career connections and an internationally acclaimed culture scene. U.S. News & World Report ranks us among the nation's top 10 most innovative universities.
Department of Justice and United States Attorney’s Office to Oversee November 2016 ElectionsRead the Press Release
KNOXVILLE, Tenn. - U.S. Attorney Nancy Stallard Harr announced today that Assistant U.S. Attorney (AUSA) Perry H. Piper will lead the efforts of her office in connection with the Justice Department’s nationwide Election Day Program for the upcoming Nov. 8, 2016, general elections. AUSA Piper has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Tennessee, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
U.S. Attorney Harr said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice (Department) has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Harr stated that AUSA/DEO Piper will be on duty in this District while the polls are open. He can be reached by the public at 423-385-1332.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 865-544-0751.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
U.S. Attorney Harr said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my office, the FBI, or the Civil Rights Division.”
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Columbian Man Charged with Illegally Re-Entering United StatesRead the Press Release
PITTSBURGH – An individual found by the Allegheny County Police Department, with assistance from the Homeland Security Investigations and Immigration and Customs Enforcement, has been indicted by a federal grand jury in Pittsburgh on charges of Illegal Re-Entry into the United States after Deportation, United States Attorney David J. Hickton announced today.
The one-count indictment named Jaime Mosqueda, a/k/a Jorge Collazo, 40, a native of Colombia.
According to the indictment, Mosqueda, an alien, who was removed from the United States by U.S. Immigration and Customs Enforcement on Dec. 19, 2011, by law enforcement authorities in Alexandria, LA, was found in Allegheny County on September 3, 2015.
The law provides for a maximum total sentence of up to twenty (20) years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The Homeland Security Investigations, Immigration and Customs Enforcement, and Allegheny County Police Department conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Cedar Rapids Woman Sentenced to Federal Prison for Defrauding Elderly Couple Out of More than $100,000Read the Press Release
A woman who defrauded an elderly couple out of more than $100,000 was sentenced yesterday to nearly three years in federal prison.
Tea Lynette Ware, 37, from Cedar Rapids, Iowa, received the prison term after a June 9, 2016 guilty plea to two counts of mail fraud and one count of using a fictitious name in mail fraud.
At the plea hearing, and in a plea agreement, Ware admitted that from about September 2015 through February 2016, Ware participated in a scheme to defraud an elderly Illinois woman during which the victim was falsely told she had won a lottery and was entitled to large sums of money. The victim was also told the winnings or funds could be claimed only if she first mailed Ware money for purported taxes or fees. In truth, no such winnings existed and the calls were designed only to steal from the victim and her husband, a resident of a long-term care facility with dementia. Like many senior citizens in the United States, the couple received unsolicited telephone calls; they even changed their telephone number to avoid unsolicited calls, but such calls nonetheless resumed after they changed their phone number.
At sentencing, United States District Court Chief Judge Linda R. Reade called Ware’s behavior “despicable”, noting that she had preyed on her victims, who were vulnerable not only because they were elderly but also due to their mental health conditions. Further, the judge found Ware caused her victims a substantial financial hardship, as she “picked” her victims “clean.” The judge noted that, due to age and infirmity, the victims’ earning years were over, and their life savings were now depleted.
Ware was sentenced in Cedar Rapids to 33 months’ imprisonment. A special assessment of $300 was imposed, and she was ordered to make $108,100 in restitution to her victims. Further, Ware forfeited $40,000 that the government seized prior to Ware’s Indictment. Ware must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
“Whether abuse occurs in nursing homes or involves financial fraud schemes such as the one in which Ms. Ware participated, this office and the Elder Justice Task Force are committed to pursuing justice for the elderly,” said United States Attorney Kevin Techau. “We will continue to work with our partners to hold accountable those who seek to financially exploit the most vulnerable in our society. I wish to thank the Postal Inspection Service and the FBI for their hard work investigating this case.”
“The US Postal Inspection Service is committed to ensuring that these types of predatory schemes are investigated aggressively,” said U.S. Postal Inspector in Charge Craig Goldberg of the Denver Division, which covers multiple states including Iowa. “It is imperative that we continue to work with our partners to protect those vulnerable individuals in our society who unknowingly fall prey to these schemes. We cannot allow fraudsters to utilize the U.S. mail to further their schemes.”
In June, the United States Attorney’s Office for the Northern District of Iowa was selected as one of 10 districts in the nation to form an Elder Justice Task Force (http://go.usa.gov/cSngj). The task force was assembled to foster a collaborative working relationship among all levels of government officials, advocacy groups for the elderly and the disabled, and others charged with the care and protection for these vulnerable groups. The goals include ensuring the integrity of all government expenditures by eliminating fraud, waste, and abuse in health programs, and protecting some of the state’s most vulnerable citizens from harm, whether it occurs in nursing homes or other institutions or involves financial fraud schemes. To learn more about the Department of Justice’s Elder Justice Initiative, visit: https://www.justice.gov/elderjustice/
Ware was released on the bond previously set and is to surrender to the United States Marshal in Cedar Rapids on November 14, 2016. Thereafter she will be transferred to federal prison.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the United States Postal Inspection Service and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-27-LRR.
Follow us on Twitter @USAO_NDIA.
California Man Sentenced on Federal Conspiracy Charges for Distributing Drugs via a Commercial Air CarrierRead the Press Release
St. Louis, MO – Francis Frost, Sante Fe Springs, CA, was sentenced to 10 years in prison on charges of conspiring to import and distribute methamphetamine and cocaine into the St. Louis area via the commercial airlines, and for conspiring to violate airport security requirements.
Two co-defendants, Poe Purcell and Chalamar Schultz Tuipelehake, have pled guilty to related charges and await sentencing later this year.
According to court documents, Purcell began working as an American Airlines Cargo Fleet Service Clerk at Los Angeles International Airport in 2001. During the course of the conspiracy, including the time period between February and May 2015, Tuipelehake arranged for California drug traffickers to transport illegal controlled substances from Los Angeles, California, on commercial airliners using Purcell’s position with the airlines to avoid detection and facilitate the transport. Frost’s role involved retrieving the suitcases containing the drugs and distributing the drugs.
This case was investigated by the Drug Enforcement Administration in St. Louis and Orange County, California, and the Federal Bureau of Investigation in St. Louis, Los Angeles and LAX Airport.
Best Choice Home Health Care Agency Inc. and Its Owner Agree to Pay $1.8 Million to Resolve False Claims Act Allegations That They Paid Kickbacks for Home Health Services ReferralsRead the Press Release
Best Choice Home Health Care Agency Inc. (Best Choice) and its owner, Reginald King, have agreed to pay $1.8 million to resolve allegations that Best Choice and King violated the False Claims Act by paying kickbacks for the referral of Medicaid-covered patients for home and community-based healthcare services from Best Choice. Best Choice is a home healthcare services provider based in Kansas City, Kansas. King is the owner and operator of Best Choice.
“The department will continue to hold accountable entities and individuals that engage in illegal kickback schemes for the referral of patients,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “It is critically important that we protect the integrity of government health care programs by ensuring that services are provided based on clinical considerations rather than the financial interests of those who refer patients for care.”
This settlement resolves allegations that from July 1, 2010, through Dec. 31, 2014, Best Choice submitted claims for home and community-based healthcare services to Medicaid that resulted from a kickback arrangement between King, on behalf of Best Choice and Christopher Thomas, who transported patients from their homes to healthcare facilities in Kansas City. Specifically, under this alleged arrangement, King paid Thomas $58,000 in kickbacks for new patients referred to Best Choice based on a formula which accounted for each hour of service that Best Choice billed to Medicaid.
“Fraud and abuse in Medicaid add costs without adding any value,” said Acting U.S. Attorney Tom Beall for the District of Kansas. “We fight fraud to help make health care more available and more affordable.”
The Medicaid Program is a jointly-funded federal and state program. Of the $1.8 million that King and Best Choice will pay under the settlement, the United States will receive $1,011,780 and the state of Kansas will receive $788,220.
The settlement resolves allegations originally brought under the qui tam, or whistleblower, provisions of the False Claims Act by Thomas, the recipient of the alleged kickbacks. The act permits private parties to sue on behalf of the United States for false claims for government funds and to receive a share of any recovery. The whistleblower reward in this case will be $43,178 which represents 10 percent of the federal share of the settlement, minus the amount that the relator received in kickbacks during the duration of the scheme.
The settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.6 billion through False Claims Act cases, with more than $19.2 billion of that amount recovered in cases involving fraud against federal health care programs.
This matter was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the District of Kansas, the Department of Health and Human Services Office of Inspector General and the Kansas Medicaid Fraud Control Unit.
The claims resolved by this settlement are allegations only, and there has been no determination of liability. The qui tam case is docketed as United States ex rel. Thomas v. Best Choice Home Health Care Agency, Inc., and Reginald King, No. 1:13-cv-2209 (D. Kan.).
Best Choice Home Health Care Agency Inc. Agrees to Pay $1.8 MillionRead the Press Release
WASHINGTON – Best Choice Home Health Care Agency Inc. (Best Choice) and its owner, Reginald King, have agreed to pay $1.8 million to resolve allegations that Best Choice and King violated the False Claims Act by paying kickbacks for the referral of Medicaid-covered patients for home and community-based healthcare services from Best Choice. Best Choice is a home healthcare services provider based in Kansas City, Kansas. King is the owner and operator of Best Choice.
“The department will continue to hold accountable entities and individuals that engage in illegal kickback schemes for the referral of patients,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “It is critically important that we protect the integrity of government health care programs by ensuring that services are provided based on clinical considerations rather than the financial interests of those who refer patients for care.”
This settlement resolves allegations that from July 1, 2010, through Dec. 31, 2014, Best Choice submitted claims for home and community-based healthcare services to Medicaid that resulted from a kickback arrangement between King, on behalf of Best Choice and Christopher Thomas, who transported patients from their homes to healthcare facilities in Kansas City. Specifically, under this alleged arrangement, King paid Thomas $58,000 in kickbacks for new patients referred to Best Choice based on a formula which accounted for each hour of service that Best Choice billed to Medicaid.
“Fraud and abuse in Medicaid add costs without adding any value,” said Acting U.S. Attorney Tom Beall for the District of Kansas. “We fight fraud to help make health care more available and more affordable.”
The Medicaid Program is a jointly-funded federal and state program. Of the $1.8 million that King and Best Choice will pay under the settlement, the United States will receive $1,011,780 and the state of Kansas will receive $788,220.
The settlement resolves allegations originally brought under the qui tam, or whistleblower, provisions of the False Claims Act by Thomas, the recipient of the alleged kickbacks. The act permits private parties to sue on behalf of the United States for false claims for government funds and to receive a share of any recovery. The whistleblower reward in this case will be $43,178 which represents 10 percent of the federal share of the settlement, minus the amount that the relator received in kickbacks during the duration of the scheme.
The settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.6 billion through False Claims Act cases, with more than $19.2 billion of that amount recovered in cases involving fraud against federal health care programs.
This matter was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the District of Kansas, the Department of Health and Human Services Office of Inspector General and the Kansas Medicaid Fraud Control Unit.
The claims resolved by this settlement are allegations only, and there has been no determination of liability. The qui tam case is docketed as United States ex rel. Thomas v. Best Choice Home Health Care Agency, Inc., and Reginald King, No. 1:13-cv-2209 (D. Kan.).
Best Choice Home Health Care Agency Inc. Agrees to Pay $1.8 MillionRead the Press Release
WASHINGTON – Best Choice Home Health Care Agency Inc. (Best Choice) and its owner, Reginald King, have agreed to pay $1.8 million to resolve allegations that Best Choice and King violated the False Claims Act by paying kickbacks for the referral of Medicaid-covered patients for home and community-based healthcare services from Best Choice. Best Choice is a home healthcare services provider based in Kansas City, Kansas. King is the owner and operator of Best Choice.
“The department will continue to hold accountable entities and individuals that engage in illegal kickback schemes for the referral of patients,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “It is critically important that we protect the integrity of government health care programs by ensuring that services are provided based on clinical considerations rather than the financial interests of those who refer patients for care.”
This settlement resolves allegations that from July 1, 2010, through Dec. 31, 2014, Best Choice submitted claims for home and community-based healthcare services to Medicaid that resulted from a kickback arrangement between King, on behalf of Best Choice and Christopher Thomas, who transported patients from their homes to healthcare facilities in Kansas City. Specifically, under this alleged arrangement, King paid Thomas $58,000 in kickbacks for new patients referred to Best Choice based on a formula which accounted for each hour of service that Best Choice billed to Medicaid.
“Fraud and abuse in Medicaid add costs without adding any value,” said Acting U.S. Attorney Tom Beall for the District of Kansas. “We fight fraud to help make health care more available and more affordable.”
The Medicaid Program is a jointly-funded federal and state program. Of the $1.8 million that King and Best Choice will pay under the settlement, the United States will receive $1,011,780 and the state of Kansas will receive $788,220.
The settlement resolves allegations originally brought under the qui tam, or whistleblower, provisions of the False Claims Act by Thomas, the recipient of the alleged kickbacks. The act permits private parties to sue on behalf of the United States for false claims for government funds and to receive a share of any recovery. The whistleblower reward in this case will be $43,178 which represents 10 percent of the federal share of the settlement, minus the amount that the relator received in kickbacks during the duration of the scheme.
The settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.6 billion through False Claims Act cases, with more than $19.2 billion of that amount recovered in cases involving fraud against federal health care programs.
This matter was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the District of Kansas, the Department of Health and Human Services Office of Inspector General and the Kansas Medicaid Fraud Control Unit.
The claims resolved by this settlement are allegations only, and there has been no determination of liability. The qui tam case is docketed as United States ex rel. Thomas v. Best Choice Home Health Care Agency, Inc., and Reginald King, No. 1:13-cv-2209 (D. Kan.).
Austin Businessman Sentenced to Federal Prison for Mail Fraud, Wire Fraud, Money Laundering, and False Tax ReturnsRead the Press Release
In Austin today, 49-year-old Sean James Hager was sentenced to 42 months in federal prison and ordered to pay more than $1,500,000 in restitution in connection with a scheme to defraud his employer and the Internal Revenue Service, announced United States Attorney Richard L. Durbin, Jr. and Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge William Cotter.
On May 26, 2016, a federal jury found Hager guilty of three counts of assisting the preparation of false tax returns, two counts of mail fraud, two counts of wire fraud, and one count of money laundering. Evidence presented during trial revealed that, during 2008-2011, Hager was employed by Austin-based Velocity Electronics, where he was responsible for purchasing computer parts for resale to Dell. Unbeknownst to Velocity, Hager also operated Echt Electronics, a company through which Hager acquired computer parts and sold them to Velocity at a significant mark up. Evidence presented at trial showed that Hager earned more than $1 million in profits from Echt during 2008-2011. Evidence presented at trial also established that Hager failed to disclose to his tax return preparer the profit he earned through Echt. As a result, Hager’s income tax returns substantially understated his income and the amount of income tax he owed.
Today, United States District Judge Lee Yeakel sentenced Hager to 42 months in prison on each of the mail fraud, wire fraud, and money laundering counts, and 36 months in prison (the statutory maximum) on each of the three tax counts. All of the terms of imprisonment will run concurrently. Judge Yeakel also imposed a one-year term of supervised release on each of the tax counts, and a three-year term of supervised release on each of the other counts, with all of the terms of supervised release to begin upon Hager’s release from prison and run concurrently.
Judge Yeakel also ordered Hager to pay restitution of $1,164,161.92 to Velocity Electronics and restitution of $368,611.33 to the IRS.
“The sum of all parts on Sean Hager’s theft from his employer and cheating on his taxes is simple – guilty on all counts,” said William Cotter, IRS Criminal Investigation Special Agent in Charge. “Taxpayers deserve our vigilance in the investigation and prosecution of those who hide income and evade the payment of their fair share of taxes.”
This case was investigated by IRS-CI. Assistant United States Attorneys Elizabeth Cottingham, Alan Buie, and Daniel Castillo prosecuted this case on behalf of the Government.
Announcement by United States Attorney Michael Cotter Relating to Montana's November 2016 ElectionsRead the Press Release
United States Attorney for the District of Montana Michael Cotter announced today that Assistant United States Attorney (AUSA) Michael Lahr will lead the efforts of the Montana U.S. Attorney’s Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. AUSA Lahr has been appointed to serve as the District Election Officer (DEO) for the District of Montana, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Cotter said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting, may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
This franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Cotter stated that AUSA/DEO Lahr will be on duty in this District while the polls are open. He can be reached by the public at 406-457-5268.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The Helena FBI field office has designated Special Agent Mark Seyler, who can be reached by the public at 406-449-5182.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Cotter said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
Andover Man Pleads Guilty to Defrauding Union Benefit FundsRead the Press Release
BOSTON – An Andover man pleaded guilty today to paying employees in cash in order to avoid paying union benefits and employment taxes.
Ronald P. Mulcahey, 53, pleaded guilty today to making false statements in documents submitted to benefit plans subject to the provisions of Title I of the Employee Retirement Income Security Act of 1974 (ERISA). Mulcahey also pleaded guilty to tax evasion. U.S. District Court Judge Richard G. Stearns scheduled sentencing for Jan. 19, 2017.
U.S. Attorney Carmen M. Ortiz said, “We remain committed to protecting the rights of union members who rely on ERISA funds which provide them with healthcare, pensions, and other services. The failure of employers to make appropriate contributions to these funds not only violates federal law, it endangers the funds’ fiscal viability and jeopardizes union members who need the services they provide.”
“Ronald Mulcahey used a cash payroll to conceal actual hours worked by his employees in order to avoid paying benefit plan contributions into the Massachusetts Laborer’s Benefit Funds, and to avoid paying federal employment taxes. Actions by employers like Mulcahey have an adverse effect on the American workforce. The Office of Inspector General will continue to work with our law enforcement partners to ensure that employers fulfill their obligations when it comes to remitting benefit plan contributions to employee benefit funds,” stated Michael C. Mikulka, Special Agent in Charge of the New York Regional Office, U.S. Department of Labor, Office of Inspector General.
“IRS Criminal Investigation takes employment tax violations very seriously because the employees are the ultimate victims,” said Joel P. Garland, Special Agent in Charge of the Boston Field Office. “By paying cash wages off the books, Mr. Mulcahey risks future Social Security, Unemployment or Medicare benefits for his employees. The loss of revenue also damages our nation’s system of taxation.”
Mulcahey was the owner and sole corporate officer of Wing Inc. Specialty Trades, EWT-Fireproofing, Inc., and Wing Environmental, Inc. Wing Environmental provided asbestos abatement and demolition services. The company had a collective bargaining agreement with Laborer’s International Union of North America, Local 1421. As a union employer, Wing Environmental was required to accurately report to the union benefit funds the number of hours worked by its union employees and to make the corresponding contributions to the funds. Between January 2008 and June 2011, Mulcahey engaged in a scheme through Wing Environmental to defraud the union benefit funds by paying some of those employees in cash. By keeping the cash payments off-the-books, Mulcahey and Wing Environmental falsely underreported the union workers’ hours in order to avoid making the required hourly payments to the benefit funds. Union benefit funds are used to provide healthcare, pensions and other services to union members.
Wing Specialty Trades and EWT-Fireproofing were non-union companies that provided asbestos abatement, demolition and fireproofing services. All of Mulcahey’s companies were required by federal tax law to accurately report their total payments to employees and to withhold and pay the IRS the applicable employment and income taxes. Between January 2008 and June 2011, Mulcahey defrauded the IRS by paying certain employees of all three of his companies in cash. By keeping the cash payments off-the-books, Mulcahey falsely underreported his workers’ wages to the IRS and avoided paying employment taxes on the unreported wages.
U.S. Attorney Ortiz; DOL-OIG SAC Mikulka; IRS-CI SAC Garland; and Susan A. Hensley, Regional Director of the Employee Benefits Security Administration made the announcement today. Assistant U.S. Attorneys Kristina E. Barclay and Ryan DiSantis of Ortiz’s Public Corruption Unit are prosecuting the case.
Alpine Man Charged with Intentionally Setting U.S. Post Office AblazeRead the Press Release
In Alpine today, federal authorities arrested 59-year-old Karl Henry Peterson for allegedly setting the U.S. Post Office in Alpine ablaze last week announced United States Attorney Richard L. Durbin, Jr. and Inspector in Charge Adrian Gonzalez, U.S. Postal Investigation Service, Houston Division.
A criminal complaint filed today in Alpine charges Peterson with one count of arson involving a federal facility. According to the complaint, Peterson set fire to the U.S. Post Office during the early morning hours on October 20, 2016. As a result, the building suffered extensive damage.
Peterson, who remains in federal custody, will have his initial hearing before U.S. Magistrate Judge David Fannin tomorrow morning at 9:30 at the Federal Courthouse in Alpine. Peterson faces between five and 20 years in federal prison upon conviction.
This case is being investigated by the United States Postal Inspection Service together with the Texas State Fire Marshal’s Office and the Alpine Police Department. Assistant United States Attorney James J. Miller, Jr., is prosecuting this case on behalf of the Government.
A criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendant is considered innocent until proven guilty in a court of law.
2016 Eastern District Election Officer AppointedRead the Press Release
RALEIGH - United States Attorney John Stuart Bruce announced today that Assistant United States Attorney (AUSA) David A. Bragdon will lead the efforts of the U.S. Attorney’s Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. AUSA Bragdon has been appointed to serve as the District Election Officer (DEO) for the Eastern District of North Carolina, and in that capacity is responsible for overseeing the District’s handling of any complaints of election fraud or voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Bruce said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice is dedicated to protecting the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise may exercise it if they choose to do so; and that those who seek to corrupt the voting process are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Bruce stated that AUSA/DEO Bragdon will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: 919-856-4808.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The Raleigh FBI field office can be reached by the public at 919-380-4500.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
24 October 2016
Washington Man Pleads Guilty to Possessing an Identification Document with the Intent to Defraud the United StatesRead the Press Release
BOISE – Keith Condict, 42, of Gig Harbor, Washington, pleaded guilty today to misdemeanor possession of an identification document with the intent to defraud the United States, U.S. Attorney Wendy J. Olson announced.
According to the filed plea agreement, Condict applied for a job at Kootenai Health ENT Center, in Kootenai County, Idaho, in June 2012. As part of his application, Condict presented a falsified Idaho audiologist license. As a result of this false information, Kootenai Health allowed Condict to work as an audiologist and to bill health care benefit programs, including Medicare and Medicaid, for treatment. Condict knew that Medicare and Medicaid were federally sponsored health benefit programs and he acted with the intent that the false license be used to defraud the United States. Condict worked under his false license for approximately one month before he was granted an actual license. However, when Kootenai Health learned of the false representation, they fired Condict and paid back the health benefit programs for amounts billed based on the Condict’s unlicensed services. In his plea agreement, Condict agrees to pay restitution to Kootenai Health in the amount of $28,266.58.
The charge of possessing an identification document with the intent to defraud the United States is punishable by not more than one year in prison, not more than one year of supervised release, and a $100,000 maximum fine.
Sentencing is scheduled for January 10, 2017, before Chief U.S. Magistrate Judge Ronald E. Bush.
The case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General / Office of Investigations and the Idaho Bureau of Occupational Licenses.
Vinton Woman Who Provided Rifle Used in Fatal Shooting Sentenced to 46 Months ImprisonmentRead the Press Release
A woman who illegally provided a rifle to her minor child was sentenced today to more than three years in federal prison.
Robyn Lynn Merchant, a/k/a Robyn Lynn Winterroth, 53, from Vinton, Iowa, received the prison term after a May 23, 2016, guilty plea to transferring a firearm to a prohibited person (a drug user).
Evidence at the guilty plea hearing and other court proceedings showed that on February 23, 2015, Merchant provided her 16-year-old son with a Walther HK MP5 .22 caliber rifle. The following day, police responded to Merchant’s residence in Vinton after receiving a 911 call that a shooting had taken place. When police arrived, they discovered that a 14-year-old girl had been shot in an upstairs bedroom. That bedroom belonged to Merchant’s 16-year-old son. Merchant’s son was present in his bedroom at the time of the shooting. Also present in the bedroom were two additional 16-year-old males. The 14-year-old girl eventually passed away as a result of the gunshot wound.
At the time Merchant provided her son with the firearm, he was an unlawful user of marijuana. Her son regularly used marijuana in Merchant’s home, and a urine sample obtained from him the night of the shooting tested positive for marijuana. The night of the shooting, police saw evidence of recent drug and alcohol use in plain view in Merchant’s son’s bedroom. Police eventually seized a marijuana smoking pipe, drug paraphernalia, approximately seven ounces of marijuana individually packaged into eight separate plastic bags, and drug packaging materials from the bedroom.
During the investigation, law enforcement learned that Merchant and her son conspired with each other to distribute marijuana from their residence. Some of their customers included other high school students who were friends of Merchant’s son.
Merchant was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Merchant was sentenced to 46 months imprisonment. A special assessment of $100 was imposed. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
“From any perspective, this case is a terrible tragedy,” said U.S. Attorney Kevin W. Techau. “A 14-year-old girl is dead – and a mother is going to prison – because the mother provided her drug-using son with a gun. This case demonstrates why guns and drugs are a deadly combination.”
Merchant is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Vinton Police Department, the Iowa Department of Public Safety, the Department of Homeland Security, United States Immigration and Customs Enforcement, Homeland Security Investigations, and the Bureau of Alcohol Tobacco and Firearms.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-0017.
Follow us on Twitter @USAO_NDIA.
United States Attorneys Announce Election Day ProgramRead the Press Release
United States Attorneys Kevin W. Techau and Kevin E. VanderSchel of the Northern and Southern Districts of Iowa, respectively, announced today that Daniel Tvedt and Virginia Bruner will lead the efforts of their Offices in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. These Assistant United States Attorneys have been appointed to serve as District Election Officers for the Northern and Southern Districts of Iowa, and in that capacity are responsible for overseeing the handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney VanderSchel said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
United States Attorney Techau said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, United States Attorneys Techau and VanderSchel stated that District Election Officers will be on duty in the Northern and Southern Districts while the polls are open. They can be reached by the public at the following telephone numbers: (319) 363-6333 (Cedar Rapids) and (515) 473-9300 (Des Moines).
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (319) 366-2461 (Cedar Rapids) or (515) 223-4278 (Des Moines).
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Statement Relating to November 2016 ElectionsRead the Press Release
United States Attorney Ripley Rand announced today that Assistant United States Attorney (AUSA) Robert M. Hamilton will lead the efforts of the United States Attorney’s Office for the Middle District of North Carolina in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. AUSA Hamilton has been appointed to serve as the District Election Officer (DEO) for the Middle District of North Carolina, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Rand said, "Every citizen must be able to vote without interference or discrimination and to have that vote counted fairly and accurately. The Department of Justice will act promptly and aggressively to ensure that the integrity of the election process is protected."
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. United States Attorney Rand stated that AUSA/DEO Hamilton will be on duty in this District while the polls are open on November 8, 2016, to respond to complaints of election fraud or voting rights abuses and to ensure that such complaints are directed to the appropriate authorities. He can be reached by the public at the following telephone number: 336-333-5351.
In addition, the FBI will have Special Agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI field office can be reached by the public at 336-855-7770.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Rand said, "Ensuring that our elections are both free and fair depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to our Office, the FBI, or the Civil Rights Division."
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United States Attorney Names District Election OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced today that Assistant U.S. Attorney (AUSA) Kevin Koliner will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. AUSA Koliner has been appointed to serve as the District Election Officer (DEO) for the District of South Dakota, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses, in consultation with Justice Department Headquarters in Washington.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted. The Department of Justice will act promptly and aggressively to protect the integrity of the election process,” said U.S. Attorney Seiler.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Seiler stated that AUSA/DEO Koliner will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: 605-357-2354.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 605-334-6881.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
“Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division,” added U.S. Attorney Seiler.
United States Attorney Donald S. Boyce Announces Election Day Anti-Fraud EffortsRead the Press Release
United States Attorney, Donald S. Boyce, announced today that Assistant United States Attorney (AUSA), Norman R. Smith, will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. AUSA Smith has been appointed to serve as the District Election Officer (DEO) for the Southern District of Illinois, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Boyce said, "Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process."
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it
are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Boyce stated that AUSA/DEO Smith will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers: (618) 628-3700, (618) 628-3743 or (618) 799-8775.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (618) 397-4401.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Boyce said, "Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division."
United States Attorney Announces Procedures to Handle Election Fraud and Voting Rights AbusesRead the Press Release
United States Attorney David Rivera announced today that Assistant United States Attorneys (AUSA’s) Henry Leventis and Steve Jordan will lead the efforts of his office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. AUSA’s Leventis and Jordan have been appointed to serve as the District Election Officers for the Middle District of Tennessee and in that capacity are responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud,” said U.S. Attorney Rivera. “The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. The Department of Justice will ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, AUSA’s Leventis and Jordan will be on duty in this district while the polls are open. They can be reached by the public at the following telephone number: 615-289-8574.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 615-232-7500.
Complaints about possible violations of the federal voting rights laws can also be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Rivera said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my office, the FBI, or the Civil Rights Division.”
U.S. Department of Justice Nationwide Election Day ProgramRead the Press Release
CHARLOTTE, N.C. – U. S. Attorney Jill Westmoreland Rose announced today that Michael E. “Mike” Savage and Richard Edwards, Assistant United States Attorneys (AUSAs) in the Charlotte and Asheville offices of the U.S. Attorney for the Western District of North Carolina will lead the efforts of this Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. AUSAs Savage and Edwards have been appointed to serve as District Election Officers (DEOs) for the Western District of North Carolina and in that capacity they are responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Rose said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on election day on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Rose stated that AUSA/DEOs Mike Savage and Don Gast will be on duty in this District while the polls are open. They can be reached by the public at the following telephone numbers:
In Charlotte: 704-344-6222 and in Asheville: 828-271-4661
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 704-672-6100.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Rose said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
U.S. Attorney’s Office, SPLC Hold Student Success ConferenceRead the Press Release
BIRMINGHAM – The U.S. Attorney’s Office for the Northern District of Alabama and the Southern Poverty Law Center will host a day-long conference Thursday, Oct. 27, that will explore strategies to keep children in schools and out of the juvenile and criminal justice systems.
The Student Success Summit will be held at the Harbert Center, 2019 Fourth Ave. North, in Birmingham, from 10 a.m. to 5 p.m. The event is free and open to the public.
Educators, law enforcement personnel, elected officials and stakeholders from across the state are expected to take part in the event. Members of the state’s Prison Reform Task Force and At-risk Youth Task Force have also been invited.
Panels will focus on successful school discipline models; pitfalls that cause children to engage in negative behavior; strategies to limit youth court-involvement; and access to educational services for youth held in detention and correctional facilities.
Speakers will include representatives from the U.S. Attorney’s Office, U.S. Department of Justice, the Southern Poverty Law Center, state and local education agencies, law enforcement and social services.
The conference will focus on curtailing the use of suspensions, expulsions, school-based arrests and excessive-force practices that too often, particularly among African-American students, lead to the school-to-prison pipeline. It will also include a discussion about what to do about children who are trapped in the criminal justice system, as well as the needs of youth held in detention.
For more information, contact Ashley Levett, Southern Poverty Law Center, (334) 296-0084, or at [email protected], or Jeremy Sherer at [email protected].
U.S. Attorney’s Office to Monitor Election Complaints in KansasRead the Press Release
TOPEKA, KAN. - A federal prosecutor will be on duty during election day to respond to complaints of possible election fraud and voting rights violations in Kansas, Acting U.S. Attorney Tom Beall said today.
Assistant U.S. Attorney Leon Patton will be available to the public at 913-551-6730 while the polls are open on Nov. 8.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud,” Beall said. “We will act promptly and aggressively to protect the integrity of the election process.”
Beall said he does not expect any problems during the voting. He noted, however, that there are penalties under federal law for any efforts to fraudulently influence the outcome of the election or to improperly prevent another person from exercising the right to vote.
Patton will join other federal prosecutors nationwide as part of the Justice Department’s election-day monitoring program. They will work in consultation with Justice Department headquarters.
The FBI’s Kansas City Field Office will also have Special Agents available to receive allegations of election fraud, intimidation, suppression, and other election abuses. The public can provide information regarding possible election crimes to the FBI’s Kansas City Field Office’s toll-free hotline, 1-855-527-2847, or email [email protected].
Citizen complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or 202-307-2767, by fax at 202-307-3961, by email to [email protected], or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php .
Any questions involving state or local issues may be referred to the Elections Division of the Kansas Secretary of State’s Office at 1-800-262-8683, or to the pertinent county election office.
U.S. Attorney’s Office Settles Lawsuit Against Ironworkers District Council of New England Pension Fund to Enforce Rights of U.S. Navy ReservistRead the Press Release
BOSTON – The U.S. Attorney’s Office reached a settlement with the Ironworkers District Council of New England Pension and Annuity Funds (Funds) and their trustees, resolving claims that they violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) when they refused to give Thomas Shea, a U.S. Navy Reserve Member, credit toward his pension and annuity funds while he served on active duty military service.
“It is our responsibility to ensure that servicemembers who make great sacrifices to protect our country are not disadvantaged because of their military service,” said United States Attorney Carmen Ortiz. “We will continue our vigorous enforcement of USERRA and hold employers who violate those protections accountable.”
Under the terms of the settlement agreement, Shea received a lump sum payment of $180,000 for back pension and annuity payments and monthly pension payments of $2,600.
The settlement agreement resolves the complaint filed by the U.S. Attorney’s Office on behalf of Shea in October 2013 which alleged that the Funds and their Trustees violated USERRA when they refused to credit Shea with service time for his multiple tours of duty in Iraq, Afghanistan, Bahrain, and Kuwait, because he did not satisfy the Ironworker Pension Plan’s reemployment requirements, which were more burdensome than those under USERRA.
USERRA requires that servicemembers who leave their civilian jobs to serve in the military be treated as not having incurred a break in service with regard to their pension plans and other employment benefits. USERRA further provides that each period served by a servicemember shall, upon reemployment, be deemed to constitute service with the employer maintaining the plan for the purpose of determining the non-forfeitability of the person’s accrued benefits and the accrual of benefits under the plan.
In February 2016, the Court found that the Ironworkers’ Pension Plan violated USERRA by imposing additional requirements beyond what is required under USERRA on servicemembers seeking pension credit for military service. Under the Ironworker’s Pension Plan, returning servicemembers could not receive credit for their military service unless they (1) worked at least 300 hours in the one-year period following discharge from the military; and (2) accrued 2.5 pension credits, which is equal to 3,000 hours, in the subsequent five-year period following release from active duty.
This case was investigated by the U.S. Department of Labor and the Veterans’ Employment and Training Service. Assistant U.S. Attorney Jennifer A. Serafyn, Chief of Ortiz’s Civil Rights Unit, and Special Litigation Counsel Andrew Braniff and Trial Attorney Nadia Said of the Justice Department’s Civil Rights Division, Employment Litigation Section, handled the case.
The protection of servicemembers’ rights is a priority for the U.S. Attorney’s Office. Additional information about USERRA can be found at www.usdoj.gov/crt/emp, www.servicemembers.gov and www.dol.gov/vets/programs/userra/main.htm.
The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.
U.S. Attorney’s Office Launches Program in Elementary Schools to Teach Fifth Graders to Make Good ChoicesRead the Press Release
Assistant U. S. Attorney Marietta Geckos (619) 546-6952
NEWS RELEASE SUMMARY – October 21, 2016
SAN DIEGO - The United States Attorney’s Office, in partnership with San Diego Unified School District, has launched a law-related elementary school program aimed at giving fifth-grade students the tools to sharpen positive decision-making skills and resist pressures to join gangs, take drugs or partake in other harmful behaviors. The program is designed to teach kids that their decisions have consequences.
More than 30 volunteers from the U.S. Attorneys’ Office, including federal prosecutors and administrative staff, and the U.S. Coast Guard, are spending time in local classrooms, teaching a program called “Project LEAD” to 270 fifth graders in nine classes at five schools.
The eight-week curriculum, which includes class discussion, short skits and small-group activities, is designed to help the children develop the skills to reject alcohol, drugs, gang membership, criminal activity, truancy, bigotry, bullying and other behaviors that have extremely negative consequences for youth.
The program also serves as an informal mentoring program where students are guided by volunteers with either government, administrative, community service, criminal justice, or military backgrounds, who encourage the students to reach high for their goals.
“We can’t solve all of society’s problems by prosecuting and incarcerating people,” said U.S. Attorney Laura Duffy. “The best way to stop crime is to prevent it. This is a program that gives children the tools they need to choose a positive path for a productive, happy life. These fifth-graders will be our leaders in 20 years. There is no greater investment our society can make.”
The participating elementary schools for the inaugural launch of this U.S. Attorney-administered program are Valencia Park, Johnson, Emerson-Bandini, Logan and St. Rita’s.
The program is patterned after the original 20-week Project LEAD that goes back to 1993 – and is a collaboration between the Los Angeles District Attorney’s Office and the Constitutional Rights Foundation. Project LEAD is taught in 46 Los Angeles elementary schools and has become a national model.
Project LEAD arrived in San Diego in 2012 at the urging of U.S. District Judge Gonzalo P. Curiel. While a federal prosecutor in Los Angeles from 2002-2006, Judge Curiel was a volunteer for Project LEAD in Los Angeles.
After his appointment to the San Diego Superior Court, he encouraged the San Diego County District Attorney’s Office and La Raza Lawyers Association in San Diego to sponsor classrooms at Laura Rodriguez Elementary and Johnson Elementary schools.
Judge Curiel has supported LEAD since 2002 because it offers positive role models to children who may not have any and helps them avoid bad choices such as using drugs, joining gangs and skipping school. “This program shows kids they can be anything they want to be – a lawyer, a doctor, an engineer, an architect - anything.”
This year, U.S. Attorney Duffy sought to create a federal version of Project LEAD and expand the number of children participating in San Diego by dispatching teams of volunteers to five elementary schools in an effort to replicate the successes of Los Angeles. Duffy credited San Diego Unified Superintendent Cindy Marten, the principals of the five elementary schools and a team of over 30 enthusiastic volunteers with making the program possible.
This implementation of Project LEAD in San Diego is a collaboration between the U.S. Attorney’s Office, the San Diego Unified School system and the San Diego Commission of Gang Intervention and Prevention which adopted this prevention program in July 2016.
Duffy hopes to expand the program to additional school next fall.
Since 2013, President Obama and then-Attorney General Eric Holder have stressed that federal law enforcement entities should make a stronger commitment to prevention and reentry efforts, in addition to the more traditional role of law enforcement through the various facets of the “Smart on Crime” initiatives. Prevention, one of the tenants of Smart on Crime, is the main goal for Project LEAD.
For more information, contact:
Assistant U. S. Attorney Marietta I. Geckos (619) 546-6952
Rosa Vazquez, Guidance Counselor at Logan Elementary School. 619-344-6500 x3055
Mike Candelario, Counselor at Valencia Park Elementary School. 619-344-3500 x 3557
Rev. Rickey Laster, Executive Director of the City of San Diego’s Commission on Gang Prevention and Intervention. 619-533-4873. [email protected]
Lt. Timothy Nicolet, United States Coast Guard Public Affairs. [email protected] 619-278-7020
Jennifer Rodriguez, San Diego Unified School District – Public Affairs – 619-725-5598
Kerry Bigornia, Public Affairs Division Chief, Los Angeles District Attorney’s Office, 213-257-2966
U.S. Attorney's Office, FBI Prepared to Respond to Complaints of Election Fraud, Voting Rights AbusesRead the Press Release
PROVIDENCE - United States Attorney Peter F. Neronha announced today that Assistant United States Attorney (AUSA) Terrence P. Donnelly will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. AUSA Donnelly has been appointed to serve as the District Election Officer (DEO) for the District of Rhode Island, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Peter F. Neronha announced today that AUSA/DEO Donnelly will be on duty in this District while the polls are open. He can be reached by the public at (401) 709-5068.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (401) 272-8310.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
###
Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
U.S. Attorney Announces Efforts to Protect Voters and Prevent Fraud in November 2016 ElectionsRead the Press Release
PHOENIX - United States Attorney John S. Leonardo announced today that Assistant United States Attorney (AUSA) Todd M. Allison will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming Nov. 8, 2016, general elections. AUSA Allison has been appointed to serve as the District Election Officer (DEO) for the District of Arizona, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
“Ensuring free and fair elections depends in large part on the cooperation of the American electorate,” stated United States Attorney John S. Leonardo. “It is imperative that those who have specific information about discrimination, voter intimidation, or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
The Department of Justice has an important role in deterring election fraud, voter intimidation, and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The right to vote is the cornerstone of American democracy. We all must ensure that those who are entitled to the electoral franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on Nov. 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, AUSA Allison will be on duty in this District the entire time that the polls are open. He can be reached by the public at the following telephone number: (602) 595-2866.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and any other election abuses on election day. The local FBI field office can be reached by the public at (623) 466-1999.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint format at http://www.justice.gov/crt/complaint/votintake/index.php.
RELEASE NUMBER: 2016-092_2016 Gen Elections
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Two St. Thomas Men Arrested for Possession with Intent to Distribute CocaineRead the Press Release
St. Thomas, USVI- Reinaldo Morone, 44, and Walid John, 37, both of St. Thomas, Virgin Islands, made their initial appearance in court on October 21, 2016, before District Court Judge Curtis V. Gomez on a criminal complaint charging them with one count of possession with intent to distribute cocaine, announced United States Attorney Ronald W. Sharpe. The defendants were released on $10,000 unsecured bonds and to third-party custodians, and were placed on electronic monitoring pending further proceedings, after a detention hearing today before U.S. Magistrate Judge Ruth Miller.
According to the complaint, on October 20, 2016, the men attempted to sell to an individual approximately four kilograms of a white powdery substance that tested positive for cocaine. Possession with the intent to distribute 500 grams or more of cocaine carries a sentence of not less than five years in prison and up to a maximum of 40 years.
The case is being investigated by the U.S. Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorney Sigrid M. Tejo-Sprotte.
United States Attorney Sharpe reminds the public that a complaint is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
Two Men Charged with Importing and Selling Counterfeit AirbagsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Raymond Whelan, 47, of Cheektowaga, NY and David Nichols, 66, an American citizen living in China, were charged by criminal complaint with entry of goods by means of false statement, trafficking in counterfeit goods, and conspiracy to traffick in counterfeit goods. The charges carry a maximum penalty of 10 years in prison and a $2,000,000 fine.
“Those who traffick in counterfeit merchandise harm not only legitimate businesses but they potentially put the lives of consumers at grave risk,” said U.S. Attorney Hochul. “For this reason, we will continue to vigorously prosecute all violations pertaining to trademarks and consumer safety.”
“Counterfeit automotive safety components put the driving public at great risk,” said ICE-HIS Special Agent in Charge James C. Spero. “A counterfeit airbag has the potential to deploy and injure a vehicle’s occupants or worse, not deploy after a serious accident.”
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that according to the complaint, on August 20, 2015, American Honda Motors Co., Inc. (Honda) purchased an air bag for a Honda Accord for $395.00 from an eBay user known as Rayscarparts71. The business contact information contained on the shipping receipt and business card supplied by Rayscarparts71 indicated that the airbag was sold by Raymond Whelan, PEQ · Auto Parts, 125 Beale Avenue, Buffalo, NY 14225. The packaging of the airbag was not consistent with a genuine, properly packaged and shipped airbag sent from Honda.
• The airbag had a serial number, known by Honda to be counterfeit, affixed to the body of the airbag.
• The airbag had labelling that is not consistent with genuine Honda airbag labelling.
• The airbag had connectors that are not consistent with genuine Honda airbag connectors.On October 26, 2015, Honda alerted ICE-HSI about the counterfeit airbags. On December 14, 2015, investigators purchased another airbag from from eBay user Rayscarparts71 for $295. Verification from Honda indicated that the airbag purchased on December 14, 2015 was in fact a counterfeit airbag not manufactured by Honda.
According to the complaint, between February 2015 and March 2016, the defendant sold 403 airbags for $156,057. The counterfeit airbags were from various automakers including Honda, Nissan, Toyota, Mazda, Acura, Subaru, and Hyundai.
On February 25, 2016, investigators executed a search warrant at 3149 Walden Avenue in Depew, NY (Whelan’s business) and 125 Beale Avenue in Cheektowaga, NY (Whelan’s home). They seized 31 airbags, airbag accessory/repair kit, four hard drives, an HP Tower computer, and HP Laptop and miscellaneous business documents. After consulting with the various manufacturers of the brand logos on the airbags, it was determined all 31 airbags were counterfeit.
A forensic examination of the computer and laptop seized revealed various email and Skype conversations between the two defendants. During one email exchange, Whelan wrote to Nichols “It's been a great month! We have sold 50 units totaling approximately 20K! Would like to place another order asap as we are quickly selling out of these.”
During another conversation over Skype, Whelan and Nichols discuss the fact that the airbags are being sent in pieces and require assembly. Whelan to Nichols: “I tried to put some together but will need some instruction on the correct process. These are life saving devices after all.” Whelan goes on to say “I have assembled one with their instruction and it just may work. I can 't see why it wouldn't but....I'm not an airbag expert.”
Raymond Whelan made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and was released. He is due back in court on November 1, 2016. David Nichols will make an initial appearance at a later date.
The complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and Customs and Border Protection, under the direction of Rose Hilmey, Acting Director of Field Operations.
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.
Three Members of the Colorado River Indian Tribes Sentenced to Federal Prison for RobberyRead the Press Release
PHOENIX – Today, Javen Ann Drennan, 31, of Parker, Ariz. was sentenced by U.S. District Judge Steven P. Logan to 51 months in prison, followed by three years of supervised release.
On July 25, 2016, co-defendant Rikki Alison Drennan, 27, of Parker, Ariz. was sentenced by Judge Steven P. Logan to 50 months in prison, followed by three years of supervised release, and on June 27, 2016, co-defendant Arrow Nicholas Lopez, 19, of Parker, Ariz., was sentenced by Judge Logan to 32 months in prison, having received credit for 14 months served in tribal custody. All three defendants, who are members of the Colorado River Indian Tribes, had previously pleaded guilty to robbery.
On the morning of Dec. 2, 2014, J. Drennan’s employment was terminated at Woody’s gas station in Parker, Ariz., which is located on the Colorado River Indian Tribes Reservation. Later that evening J. Drennan drove R. Drennan and Lopez to Woody’s. R. Drennan and A. Lopez wore dark clothing and covered their faces with bandanas, and Lopez had a knife. When they entered the store to commit the robbery, Lopez held the knife inches from the victim’s waist and told the victim to empty the cash register drawers. R. Drennan stole alcohol and cigarettes and she and Lopez fled the store with approximately $850 in cash. R. Drennan and Lopez got into J. Drennan’s vehicle and fled from Woody’s until they were stopped by Parker Police.
The investigation in this case was conducted by the Bureau of Indian Affairs, the CRIT Police Department, and the Parker Police Department. The prosecution was handled by Christina J. Reid-Moore, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-16-0114-PHX-SPL
RELEASE NUMBER: 2016-093_Lopez_etal
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Survey of Community Attitudes towards Seattle Police Department Filed in Federal CourtRead the Press Release
SEATTLE – As part of the consent decree between the Justice Department and the city of Seattle, a scientific poll conducted by national polling firm Anzalone Liszt Grove Research was filed today with the U.S. District Court for the Western District of Washington. The poll, which was commissioned by the federal monitor with input from the parties, measures community attitudes towards the Seattle Police Department (SPD) and found that SPD’s performance ratings continue to improve.
According to the poll, the number of people who approve of SPD has increased to 72 percent, up from 60 percent in 2013 and 64 percent in 2015. Much of that improvement is among African Americans (49 percent approval in 2013 to 62 percent now) and Latinos (54 percent in 2013 to 74 percent now). At the same time, SPD’s disapproval rating has decreased from 34 percent in 2013 to 20 percent in 2016, and fewer people are reporting troubling interactions between officers and Seattle residents.
The poll follows similar surveys conducted in 2013 and 2015, which included input from the Community Police Commission.
“Public trust is a necessary foundation for lasting and effective police reform,” said U.S. Attorney Annette L. Hayes. “The good news is that this most recent survey shows continued positive trends among many Seattle residents. The survey results showing increased approval of SPD, and fewer reported incidents of excessive force and bias policing are especially encouraging in light of the high-profile incidents and difficult community-police relationships in other parts of the country. That said, it is important to recognize the continued differences in attitudes and experience that the survey shows in communities of color here in Seattle. As part of the consent decree driven reform process, the hard work of identifying and addressing any unwarranted disparate impacts on these communities must continue. I am grateful for the continued dedication of so many SPD officers and community members – including the work of the Community Police Commission and other community organizations – to fostering an environment of openness, mutual trust and respect. The work is hard but absolutely essential to the life of our city.”
“Constitutional, community-oriented policing strengthens public trust,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The encouraging signs of improved community-police relations in Seattle, including in communities of color, show what can happen when residents and officers engage in the tough, vital work of rebuilding trust and solving problems. We look forward to working with Seattle as it continues to implement police reform and enhance public trust.”
Anzalone Liszt Grove Research conducted 700 live cellphone and landline telephone interviews with adults 18 and older in Seattle, with an additional 95 interviews among Latinos and 105 interviews among African Americans.
dkt._324_-_1_2016_survey_0.pdfSurvey of Community Attitudes Towards Seattle Police Department Filed in Federal CourtRead the Press Release
Survey Finds Increased Approval Rating for Seattle Police Department
As part of the consent decree between the Justice Department and the city of Seattle, a scientific poll conducted by national polling firm Anzalone Liszt Grove Research was filed today with the U.S. District Court for the Western District of Washington. The poll, which was commissioned by the federal monitor, measures community attitudes towards the Seattle Police Department (SPD) and found that SPD’s performance ratings continue to improve.
According to the poll, the number of people who approve of SPD has increased to 72 percent, up from 60 percent in 2013 and 64 percent in 2015. Much of that improvement is among African Americans (49 percent approval in 2013 to 62 percent now) and Latinos (54 percent in 2013 to 74 percent now). At the same time, SPD’s disapproval rating has decreased from 34 percent in 2013 to 20 percent in 2016, and fewer people are reporting troubling interactions between officers and Seattle residents. The poll follows similar surveys conducted in 2013 and 2015.
“Constitutional, community-oriented policing strengthens public trust,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The encouraging signs of improved community-police relations in Seattle, including in communities of color, show what can happen when residents and officers engage in the tough, vital work of rebuilding trust and solving problems. We look forward to working with Seattle as it continues to implement police reform and enhance public trust.”
“Public trust is a necessary foundation for lasting and effective police reform,” said U.S. Attorney Annette L. Hayes of the Western District of Washington. “The good news is that this most recent survey shows continued positive trends among many Seattle residents. The survey results showing increased approval of SPD, and fewer reported incidents of excessive force and bias policing are especially encouraging in light of the high-profile incidents and difficult community-police relationships in other parts of the country. That said, it is important to recognize the continued differences in attitudes and experience that the survey shows in communities of color here in Seattle. As part of the consent decree driven reform process, the hard work of identifying and addressing any unwarranted disparate impacts on these communities must continue. I am grateful for the continued dedication of so many SPD officers and community members – including the work of the Community Police Commission and other community organizations – to fostering an environment of openness, mutual trust and respect. The work is hard but absolutely essential to the life of our city.”
Anzalone Liszt Grove Research conducted 700 live cellphone and landline telephone interviews with adults 18 and older in Seattle, with an additional 95 interviews among Latinos and 105 interviews among African Americans.
Seattle PD Poll SummarySt. Thomas Man Arrested for Possession with Intent to Distribute CocaineRead the Press Release
St. Thomas, USVI- Rhasheel Charles, 30, of St. Thomas, Virgin Islands, made his initial appearance in District Court today before U.S. Magistrate Judge Ruth Miller after being charged in a criminal complaint with possession with intent to distribute cocaine, United States Attorney Ronald W. Sharpe announced today. Charles was remanded into the custody of the U.S. Marshals Service pending preliminary and detention hearings on October 25, 2016, at 1:30 p.m.
According to the complaint, on October 23, 2016, Charles attempted to carry 3.55 kilograms of cocaine on board an American Airlines flight destined for Miami, Florida, when a Customs and Border Protection canine alerted on the bag Charles was carrying. Possession with the intent to distribute that quantity of cocaine carries a sentence of not less than five years in prison and up to a maximum of 40 years.
The case is being investigated by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorney Sigrid M. Tejo-Sprotte.
United States Attorney Sharpe reminds the public that a complaint is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
St. Francis Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Ennors Abraham Quick Bear, age 28, was indicted on October 12, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 19, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum of 5 years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
On September 26, 2012, Quick Bear was convicted of Sexual Abuse of a Minor. As a result of his conviction, he is required to register as a sex offender. It is alleged that between August 12, 2016, and September 15, 2016, Quick Bear, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender.
The charge is merely an accusation and Quick Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Quick Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
St. Croix Man Charged in Firearm Possession CaseRead the Press Release
St. Croix, USVI – Karim Woodley, 39, of St. Croix, Virgin Islands, was arraigned today before U.S. Magistrate Judge George W. Cannon after being charged in a three-count information with possession of a firearm by felon, possession of a firearm near a school and unauthorized firearm possession, United States Attorney Ronald W. Sharpe announced. Judge Cannon ordered the defendant on release pending trial. If convicted, the defendant faces a maximum sentence of ten years in prison and a $250,000.00 fine on the felon in possession and possession near school counts. He also faces a ten year sentence on the unauthorized possession charge and a $15,000.00 fine.
According to court records, the charges stem from a Gang initiative conducted by the Virgin Islands Police Department (VIPD) and the U.S. Immigration and Customs Enforcement’s (ICE) Department of Homeland Security (HSI) last December. Agents searched Woodley and discovered an unlicensed firearm on his person.
The case was investigated by the VIPD and HSI and is being prosecuted by Assistant U.S. Attorney Alphonso Andrews, Jr. United States Attorney Sharpe emphasized that an information is merely a formal charging document and not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
South Jersey Couple Sentenced for Conspiring to Set Fire to Historic DinerRead the Press Release
CAMDEN, N.J. – Two individuals from Cumberland County, New Jersey, were each sentenced today for planning to destroy a historic diner that they owned in Bridgeton, New Jersey, U.S. Attorney Paul J. Fishman announced.
Andrew Webster, 50, of Cedarville, New Jersey, was sentenced to 20 months in prison. His wife, Brenda Webster, 46, also of Cedarville, was sentenced to three years of probation, including six months of home confinement with electronic monitoring. Both defendants previously pleaded guilty before U.S. District Judge Robert B. Kugler to separate informations charging them each with one count of conspiracy to commit arson. Judge Kugler imposed both sentences today in Camden federal court.
According to documents filed in this case and statements made in court:
In March 2012, Andrew and Brenda Webster purchased and operated Angie’s Bridgeton Grill, a nearly 75-year old diner that was listed on the New Jersey and National Register of Historic Places in 2012.
Soon after they began to operate the diner, the Websters experienced several months of poor financial performance. During their plea hearings, Andrew and Brenda Webster admitted that they agreed to destroy the diner by fire. They also admitted that on Oct. 23, 2012, they traveled to the diner in Andrew’s truck.
According to the charges, in the early morning hours of Oct. 24, 2012, the Websters entered the diner, collected combustible materials (including newspapers, paper menus, and other light-weight combustible materials), doused them with gasoline, and ignited them with an open flame. Brenda Webster suffered burns to her body when gasoline vapors inside the diner ignited. The two quickly exited and within a short period of time, the fire destroyed the diner.
In addition to the prison term, Judge Kugler sentenced Andrew Webster to serve three years of supervised release. Both defendants are also responsible for restitution of $36,704.49.
U.S. Attorney Fishman credited the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), under the direction of Special Agent in Charge George P. Belsky; the Cumberland County Prosecutors Office, under the direction of Prosecutor Jennifer Webb-McRae; and the Bridgeton Police Department, under the direction of Chief Michael Gaimari, with the investigation.
The government is represented by Assistant U.S. Attorney Matthew T. Smith of the U.S. Attorney’s Office Criminal Division in Camden.
Defense counsel:
Andrew Webster: Richard Coughlin Esq., Assistant Federal Public Defender, Camden
Brenda Webster: Joseph Hoffman III Esq., Turnersville, New Jersey.
Six Indicted in Child Sex Trafficking Conspiracy – Face Life in Prison if ConvictedRead the Press Release
FORT WORTH, Texas — Six individuals, most with ties to the Polywood Crips street gang in Fort Worth, Texas, have been charged in a federal indictment with conspiracy to commit sex trafficking, sex trafficking of children, sex trafficking through force, fraud or coercion and related offenses. Three additional defendants involved in the conspiracy, each charged in a criminal information, have entered guilty pleas. The announcement was made today by U.S. Attorney John Parker of the Northern District of Texas.
Most of the defendants were arrested on July 21, 2016, on related charges, outlined in a criminal complaint following an operation conducted by special agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), the Fort Worth Police Department, and the U.S. Marshals Service.
Each of the below-listed defendants acted as a “pimp” and is charged with one count of conspiracy to commit sex trafficking:
Chad Johnson, a/k/a “Ocho Hood Fame,” 24
Diwone Nobles, a/k/a “Pooh,” 32
Audry Lane, a/k/a “Spud,” 29
Deon Bonner, a/k/a “Spanish Fly,” 26
Stanley Johnson, a/k/a “Pee Wee,” 24
Katelyn Michelle Ward, a/k/a “KD,” 24In addition, Chad Johnson is charged with two counts of sex trafficking through force, fraud or coercion; one count of sex trafficking of children through force, fraud or coercion; and one count of sex trafficking of children. Nobles is charged with one count each of sex trafficking through force, fraud or coercion; one count of sex trafficking of children through force, fraud or coercion; and one count of sex trafficking of children. Audry Lane is also charged with two counts of sex trafficking through force, fraud or coercion and one count of sex trafficking of children. Bonner and Stanley Johnson are also each charged with two counts of sex trafficking of children.
The three defendants who pleaded guilty on October 17, 2016, before U.S. District Judge Reed C. O’Connor, are:
Jessica Arnold, 23
Serrah Arnold, a/k/a “Kristen,” 28
Alvin Lane, a/k/a “Spank,”Alvin Lane pleaded guilty to one count of conspiracy to commit sex trafficking of children. Sisters Jessica and Serrah Arnold each pleaded guilty to one count of use of a facility of interstate commerce in aid of a racketeering enterprise.
The indictment alleges that beginning before June 1, 2013, though approximately July 21, 2016, the six defendants conspired and agreed with others to recruit, entice, harbor, transport, provide, obtain and maintain, female children victims under the age of 18, as well as adult victims, recklessly disregarding that force, threats of force, fraud and coercion and any combination of such means would be used to cause these victims to engage in commercial sex acts.
In the affidavit filed with the criminal complaint, one minor female victim was told by Nobles, Bonner, and Chad Johnson to charge $120 for a half hour and $180 for a full hour of commercial sex acts, and the three kept all of the money she received. The victim feared Nobles and Chad Johnson because she had observed both become violent when angry and had observed Chad Johnson assault another female on several occasions when the female did not follow his instructions.
Another minor female victim engaged in commercial sex acts at the direction of Stanley Johnson, who would post advertisements with her photo on Backpage.com. All of the money she earned by engaging in commercial sex acts was given to Stanley Johnson.
An adult female victim engaged in commercial sex acts at the direction of Nobles, Chad Johnson, Audry Lane, Alvin Lane, and Serrah Arnold. Nobles frequently assaulted her when she made him angry or did not follow his instructions; he also raped her. Nobles kept the money she earned and the contact phone number used in the Backpage.com ad for her services was used by Nobles. In one trip to Austin, this adult female victim made enough money for Nobles to buy a Chevy sedan that he painted bright orange – “Poly Orange” in reference to their neighborhood Polytechnic Heights – that he still owns.
When an adult female victim engaged in commercial sex acts at Chad Johnson’s direction, he physically assaulted her if she did not follow his instructions. On one occasion, Chad Johnson punched her in the ear hard enough to cause her eardrum to burst and bleed. Chad Johnson also raped her, and when he believed she had attempted to “renegade,” he had several friends gang rape her as punishment. “Renegade” is a term used to describe attempting to engage in commercial sex acts for money outside the knowledge or control of a pimp.
When an adult female victim engaged in commercial sex acts at Audry Lane’s direction, he would have Serrah Arnold, his “bottom girl,” supervise the victim and take the money she received.
A minor female victim engaged in commercial sex acts at the direction of Audry Lane, Alvin Lane, Serrah Arnold and Jessica Arnold. Alvin Lane would have his girlfriend/bottom girl, Jessica Arnold post photos of her in ads that she placed on Backpage.com. The minor female victim would give all the money she earned to Jessica or Serrah Arnold, who would then give the money to Audry Lane or Alvin Lane.
Some of the six pimp’s Facebook pages contained online posts, visible to the public, that reference making a lot of money through criminal activity, namely “pimping.” Chad Johnson’s Facebook page contains photos of him posing with large sums of cash while referencing commercial sex. Several of Chad Johnson’s Facebook friends are females observed in Backpage.com ads for commercial sex.
Nobles, Bonner, Chad Johnson, Stanley Johnson, and Audry Lane have several photos on their Facebook pages in which they can be observed flashing gang signs referencing the “Polywood Crips” street gang.
A federal complaint is a written statement of the essential facts of the offenses charged and must be made under oath before a magistrate judge; the government has 30 days to present the matter to a grand jury for indictment. An indictment is an accusation by a federal grand jury, and a defendant is entitled to the presumption of innocence unless proven guilty. If convicted, however, each count in the indictment carries a maximum statutory penalty of life in federal prison and a $250,000 fine.
ATF, ICE HSI and the Fort Worth Police Department are investigating. Assistant U.S. Attorney Cara Foos Pierce is in charge of the prosecution.
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Sioux Falls Man Convicted on Three Firearms ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that Darren Kyle Stepp-Zafft, age 30, of Sioux Falls, South Dakota, was found guilty of three counts of Possession of Unregistered Firearms as a result of a federal jury trial in Sioux Falls.
The charges carry a maximum penalty of 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Zafft was indicted by a federal grand jury on May 10, 2016. Law enforcement officers searched Zafft’s Sioux Falls residence on December 10, 2015, looking for evidence of a firearm that discharged into an adjoining neighbor’s apartment. During the search, officers found the defendant to be in possession of two illegal firearm silencers, five illegal short rifles, and nine illegal destructive devices that could be readily assembled into grenades.
This case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sioux Falls Police Department, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
A presentence investigation was ordered. The defendant was remanded to the custody of the U.S. Marshals Service.
Siblings Found Guilty in Large-Scale Mortgage Fraud SchemeRead the Press Release
PITTSBURGH - After deliberating an hour, a federal jury of four men and eight women found siblings James and Janna Nassida guilty of two counts of Bank Fraud and Conspiracy to Commit Bank and Wire Fraud, United States Attorney David J. Hickton announced today.
James Nassida, age 48, of Pittsburgh, Pennsylvania, and Janna Nassida, age 45, of West Mifflin, Pennsylvania, were tried before Senior United States District Judge Donetta Ambrose in Pittsburgh, Pennsylvania.
According to Assistant United States Attorneys Cindy Chung and Brendan T. Conway, who prosecuted the case, the evidence presented at trial established that James Nassida owned and operated a mortgage broker business called Century III Home Equity (Century III), which assisted borrowers in obtaining loans collateralized by real estate. Janna Nassida was a manager at Century III and also a loan officer. At the time of the events at issue, which was between 2008 and 2008, Century III was one of the largest mortgage broker businesses in the Western District of Pennsylvania, and during the course of that timeframe brokered hundreds of millions of dollars worth of loans using more than a dozen different lenders. Many of those loans, however, involved one or more aspects of fraud.
Some of the aspect of the fraud included the following:
- Appraisals that fraudulently inflated the true value of the properties;
- Settlement statements that falsely reflected that the borrowers made substantial payments associated with the purchases of real estate;
- Settlement statements that failed to disclose secondary financing;
- Settlement statements that failed to include cash payments charged by Century III and paid by the borrowers;
- Settlement statements and closing documents that were backdated to reflect that the settlements had occurred on a date prior to the actual settlement date; and
- Various loan documents, including loan approval forms, good faith estimates, and underwriting transmittal forms, that failed to disclose secondary financing and falsely represented the combined loan to value ratio.
The fraud also involved misrepresentations to some of the borrowers to induce them to enter into the transactions, including concealing the fees Century III received from lenders for the borrowers’ transactions and the impact of those fees on the borrowers’ interest rates; and concealing the nature of the mortgage products, including that some of the mortgage products could negatively amortize. Lastly, the fraud also involved James Nassida’s receipt of kickbacks from the settlement company that he failed to disclosed to the borrowers and lenders, as required.
The evidence at trial established that James and Janna Nassida submitted multiple fraudulent documents associated with loans in which they served as a loan officer, but also that the loan officers working under their direction regularly submitted false information to lenders and borrowers. In addition, the evidence established that James Nassida caused the submission of fake documents to the lender in connection with his purchase of a $300,000 vacation home near Seven Springs, including the following: (1) a settlement statement that overstated the sales price; (2) a loan application that falsely stated his income and assets; and (3) fake statements from an investment company that falsely verified that he had more than $600,000 in investment when he really had about $15,000. In the loan application, James Nassida reported that he earned approximately $980,000 in 2006, but he did not even file his tax returns in 2006, and his reported taxable income in 2004 and 2005 was not even close to that figure.
Judge Ambrose scheduled sentencing for March 29, 2017 for both defendants. The law provides for a total sentence of sixty years in prison, a fine of $2,000,000, or both for each defendants. Under the Federal Sentencing Guidelines, the actual sentence imposed is based on the seriousness of the offenses and the prior criminal history, if any, of the defendant.
The Mortgage Fraud Task Force in conjunction with the Allegheny County District Attorney’s Office, conducted the investigation that led to the prosecution of James and Janna Nassida. The Mortgage Fraud Task Force is comprised of investigators from federal, state and local law enforcement agencies and others involved in the mortgage industry. Federal law enforcement agencies participating in the Mortgage Task Force include the Federal Bureau of Investigation; the Internal Revenue Service, Criminal Investigations; the United States Department of Housing and Urban Development, Office of Inspector General; the United States Postal Inspection Service; and the United States Secret Service. Other Mortgage Fraud Task Force members include the Allegheny County Sheriff's Office; the Allegheny County District Attorney’s Office; the Pennsylvania Attorney General's Office, Bureau of Consumer Protection; the Pennsylvania Department of Banking; the Pennsylvania Department of State, Bureau of Enforcement and Investigation; and the United States Trustee's Office.
Shelby County, Iowa Resident Sentenced for Possession of Child PornographyRead the Press Release
Council Bluffs, IA- On October 20, 2016,Michael Charles Garreans, a 55 year-old resident of Harlan, Iowa was sentenced by United States District Court Judge Stephanie M. Rose, to 60 months in prison for possession of child pornography announced United States Attorney Kevin E. VanderSchel. Garreans’ term of imprisonment is to be followed by seven years of supervised release.
On June 9, 2016, Garreans entered a guilty plea to a federal indictment, charging Garreans with possessing child pornography on or about July 18, 2014. The charge was the result of an investigation into the posting of a video, which contained images of two unclothed minor girls, on a web site being monitored by law enforcement. Law enforcement followed up with a search warrant of Garreans’ residence and located a computer that contained hundreds of images of child pornography.
The investigation was conducted by the Iowa Division of Criminal Investigation, the Harlan, Iowa Police Department and the United States Marshal’s Service. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Santa Barbara Criminal Defense Attorney Pleads Guilty to Willfully Failing to File Tax ReturnsRead the Press Release
LOS ANGELES – A Santa Barbara-based criminal defense attorney has pled guilty to three counts of willfully failing to file tax returns and has also admitted, in his plea agreement, to willfully failing to pay his taxes for those three years as well as several additional years, costing the IRS $679,958.
Darryl W. Genis, 60, pleaded guilty this morning to willfully failing to file tax returns for his law practice for the years 2009, 2010, and 2011, federal misdemeanors.
Genis admitted that he made enough money in his law practice to require that he file tax returns in those years, but that he knowingly and intentionally chose to not file his tax returns despite his legal obligation to do so. Genis also admitted that he did not pay the full amount of taxes that he owed for the years 2005-2012.
“As an attorney this defendant had a heightened responsibility to follow the law, and instead he cheated the IRS and every law-abiding taxpayer in the country,” said United States Attorney Eileen M. Decker. “Today’s guilty pleas will deprive the defendant of the fruits of his crimes and send a message that everyone must pay their taxes.”
As part of his plea agreement, Genis agreed to pay restitution to the IRS in the amount of $679,958, representing unpaid taxes for the years 2005 through 2012. Genis also has agreed to the IRS’s assessment of the civil penalties applicable to all 8 tax years in issue.
“This case is a reminder that no one is above the law,” stated Acting Special Agent in Charge Anthony J. Orlando with IRS Criminal Investigation. “Each of us is responsible for filing a tax return when required and for paying the correct amount of tax due. Mr. Genis chose to ignore his duty to file and pay taxes and will now face severe consequences, which may include imprisonment and substantial fines.”
Genis’ sentencing is scheduled for February 13, 2017, at which time he will face a statutory maximum sentence of three years of imprisonment.
The investigation of Genis was conducted by IRS Criminal Investigation in Camarillo, and the prosecution is being handled by Assistant United States Attorneys Valerie Makarewicz and Benjamin Tompkins of the Tax Division.
Rapid City Man Indicted for Escape from CustodyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Escape from Custody.
Kane Youngman, age 21, was indicted on August 23, 2016. Youngman appeared before U.S. Magistrate Judge Daneta Wollmann on October 12, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Youngman escaping from the custody of the Bureau of Prisons at the Community Alternatives of the Black Hills, where he was in custody on August 1, 2016.
The charge is merely an accusation and Youngman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Youngman was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for December 20, 2016.