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Tuesday 16 August 2016
Indian Country Conference Held in Sioux City: Crimes Against Children HighlightedRead the Press Release
SIOUX CITY, IOWA – The United States Attorneys’ Offices for the Northern District of Iowa and the Districts of Nebraska and Kansas convened the 2016 Indian Country Conference in Sioux City. Over 100 victim service professionals and law enforcement officers attended the conference, entitled “Crimes Against Children.” Participants attending the conference were updated on threats facing children in Indian Country and the need for a community based response.
This annual conference began in 2007 with a particular focus on crimes in Indian Country. While the central focus remains the same—ensuring the more vulnerable people in native communities are protected and to make their homes safe—the nature and scope of the issues have continued to evolve requiring important networking and training that comes from the conference.
U.S. Attorney Kevin W. Techau recognized the importance of the conference stating, “Providing this training conference brings together allied professionals to gain more knowledge and insight so they can better assist victims.” He concluded noting, “Improving public safety and the fair administration of justice in tribal communities have been and remain top priorities for the Department of Justice.”
A noted expert on human trafficking in Indian Country, Detective Josephina Sabori, with the Pima County, Arizona Sheriff’s Department discussed victim approach and indicators, perception, luring, and best practices for establishing a rapport with victim-survivors of human trafficking. She also highlighted the AMBER Alert in Indian Country initiative and how tribal communities can develop their own comprehensive child abduction response plan.
Conference attendees also received training on the variety of continuing and emerging victim issues to better equip them to serve child crime victims in Indian Country. Among the training sessions attendees participated were workshops on child advocacy, domestic violence, violence against children, human trafficking, and working with people in crisis.
Victim-Witness Specialist for the Northern District of Iowa, Shari Konarske noted, “The successes that come from this conference does not come in a vacuum, or by any single agency, government or individual. Instead, they are the result of ongoing consultation, collaboration and coordination among many who have the same goal.”
To learn more about the Department of Justice’s efforts on tribal justice, visit: https://www.justice.gov/otj.
Follow us on Twitter @USAO_NDIA.
Houma Man Sentenced to 10 Years Imprisonment for Gun and Drug ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CHAD LANDRY, age 45, of Houma, was sentenced today after having previously pled guilty to conspiring to distribute over 500 grams of methamphetamine, and unlawfully possessing a firearm in furtherance of his methamphetamine conspiracy.
U.S. District Judge Jay C. Zainey sentenced LANDRY to 120 months of incarceration, to be followed by 5 years of supervised release.
According to court documents, in 2013 and 2014, LANDRY was receiving quantities of methamphetamine in the mail from his Houston-based drug suppliers. Over the course of two years, the suppliers sent LANDRY approximately 25 packages via Fed Ex to LANDRY’s home in Houma. LANDRY repackaged and sold methamphetamine to friends and acquaintances in the Houma area, as well as personally used some of the methamphetamine. At the time of his arrest on or about August 13, 2014, LANDRY was in possession of approximately 7 grams of methamphetamine, numerous items of drug paraphernalia, and a Springfield XP .40 caliber semi-automatic handgun.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration, the Terrebonne Parish Sheriff’s Office, and Louisiana State Police in investigating this matter. Assistant United States Attorney Brandon S. Long was in charge of the prosecution.
Houma Man Sentenced to 10 Years Imprisonment for Gun and Drug ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CHAD LANDRY, age 45, of Houma, was sentenced today after having previously pled guilty to conspiring to distribute over 500 grams of methamphetamine, and unlawfully possessing a firearm in furtherance of his methamphetamine conspiracy.
U.S. District Judge Jay C. Zainey sentenced LANDRY to 120 months of incarceration, to be followed by 5 years of supervised release.
According to court documents, in 2013 and 2014, LANDRY was receiving quantities of methamphetamine in the mail from his Houston-based drug suppliers. Over the course of two years, the suppliers sent LANDRY approximately 25 packages via Fed Ex to LANDRY’s home in Houma. LANDRY repackaged and sold methamphetamine to friends and acquaintances in the Houma area, as well as personally used some of the methamphetamine. At the time of his arrest on or about August 13, 2014, LANDRY was in possession of approximately 7 grams of methamphetamine, numerous items of drug paraphernalia, and a Springfield XP .40 caliber semi-automatic handgun.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration, the Terrebonne Parish Sheriff’s Office, and Louisiana State Police in investigating this matter. Assistant United States Attorney Brandon S. Long was in charge of the prosecution.
Honduran Man Pleads Guilty to Illegally Reentering the United States After Having Been Previously DeportedRead the Press Release
CONCORD, NEW HAMPSHIRE –United States Attorney Emily Gray Rice announced today that Salvador Lopez-Hernandez, of Honduras, has pleaded guilty to reentering the United States after having been deported previously.
Lopez-Hernandez pleaded guilty before United States District Judge Landya B. McCafferty to an indictment that had been returned by a federal grand jury on July 13, 2016.
According to court filings and statements in Court, a Deportation Officer developed information indicating that Salvador Lopez-Hernandez, a Honduran national, was present in the United States after having been deported on a previous occasion. On June 15, 2016, Deportation Officers approached the defendant who confirmed that his name was Salvador Lopez-Hernandez and that he was illegally present in the United States without any immigration documents. His identity later was confirmed through fingerprint information.
Lopez-Hernandez will be sentenced at 10:00 AM on November 22, 2016, and will be deported after serving his sentence.
The case was investigated by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement. Assistant U.S. Attorney Alfred Rubega is prosecuting this case.
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Hells Angels President Sentenced on Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney William J. Hochul Jr. announced today that Richard W. Mar, 64, of Monterey, California, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of methamphetamine was sentenced to 10 years in prison by U.S. District Judge Charles J. Siragusa. Mar was also prohibited by Judge Siragusa from being a member of or associating with the Hell’s Angels for four years after his release from prison.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that, from 2002 through July 2010, Mar – the President of the Hell’s Angels, Monterey (California) Charter at the time – supplied significant quantities of methamphetamine to a methamphetamine trafficking network operating in the Western District of New York. The leader of the network was James H. McAuley, Jr. – a member and Vice President of the Rochester Hell’s Angels. During the conspiracy, McAuley and other members of the conspiracy traveled to the Monterey, California, on numerous occasions to obtain pound-size quantities of methamphetamine from Mar, in exchange for cash. The methamphetamine was be transported and/or shipped from California to the Rochester area, where other members of the conspiracy would sell and distribute it to their customers.
In April 2007, McAuley was arrested on federal racketeering charges in the Northern District of New York. After his arrest and incarceration, McAuley continued to maintain control over the methamphetamine trafficking operation. Mar, acting at the direction of McAuley, distributed pound-size quantities of methamphetamine to McAuley’s wife, Donna Boon. Boon and other members of the conspiracy sold and distributed the methamphetamine to individuals in the Rochester area, Genesee County, and other locales. Mar, who admitted to trafficking up to 15 kilograms of methamphetamine during the course of the conspiracy, continued to supply the methamphetamine trafficking network until July 2010.
The sentencing is part of a larger investigation that resulted in the indictment and arrest of seven members and associates of the Rochester and Monterey (California) Hell's Angels for drug trafficking and racketeering-related offenses in February 2012. Seven defendants – including Mar – were charged and convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. Also convicted were:
James McAuley, sentenced to 300 months in prison;
Donna Boon, sentenced to probation and 12 months home incarceration;
Gordon L. Montgomery, sentenced to 60 months in prison;
Jeffrey A. Tyler, sentenced to 18 months in prison;
Richard E. Riedman, sentenced to 37 months in prison; and
Paul Griffin, sentenced to probation.In addition, Rochester Hell's Angels member Robert W. Moran, Jr., a/k/a Bugsy, was convicted of conspiracy to commit assault with a dangerous weapon in aid of racketeering activity. Gina Tata was convicted of being an accessory after the fact to the conspiracy to commit assault with a dangerous weapon in aid of racketeering activity. Defendant Timothy M. Stone was convicted of being an accessory after the fact to the assault.
On May 31, 2006, Moran – a member and officer of the Rochester Hell’s Angels – assaulted a patron, who made disparaging remarks about motorcycle clubs, at Spenders Bar on Lyell Avenue in Rochester with a baseball bat. Moran committed the assault in order to maintain his position in the Rochester Hell’s Angels. Gina Tata, who was the bartender at Spenders Bar at the time of the assault, tried to help Moran escape arrest and prosecution for the assault. Timothy Stone destroyed the hard drive and the baseball bat used to commit the assault. Moran was sentenced to 18 months in prison, Tata received probation and Stone was sentenced to 12 months in prison.
Today’s sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam Cohen, the Genesee County Sheriff's Office, under the direction of Sheriff Gary T. Maha, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the New York State Police, under the direction of Major Craig Hanesworth, the City of Batavia Police Department, under the direction of Chief Sean Shawn Heubusch, and the Village of LeRoy Police Department.
Hardy County man sentenced for unlawful possession of firearmRead the Press Release
ELKINS, WEST VIRGINIA – Steven Michael Hawley, 29, of Moorefield, West Virginia, was sentenced today to 60 months in prison for illegally possessing a firearm, United States Attorney William J. Ihlenfeld, II, announced.
Hawley, who was previously convicted of “Unlawful Assault” in Hardy County, West Virginia, was discovered to be in possession of a .40 caliber pistol last year in Grant County, WV. Hawley pled guilty in May 2016 to one count of “Felon in Possession of a Firearm.”
Assistant U.S. Attorney Paul T. Camilletti prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. District Judge John Preston Bailey presided.
Garland Man Sentenced to Serve a Total of 30 Years in Federal Prison on Child Pornography and Firearm ChargesRead the Press Release
DALLAS — Brandon Gregory Leal, 36, of Garland, Texas, was sentenced Monday by U.S. District Judge David C. Godbey to serve a total of 360 months in federal prison following his guilty pleas in March and April 2016 to child pornography and firearms offenses as charged in two Northern District of Texas (NDTX) cases, announced U.S. Attorney John Parker of the NDTX.
In one case, Leal pleaded guilty to one count of attempted receipt of child pornography and one count of possession of a firearm by a prohibited person. He received 240 months on that child pornography conviction and 120 months on the firearm conviction, to run consecutively.
In the subsequent case, Leal pleaded guilty to one count of transportation of child pornography and was sentenced to 240 months in federal prison and ordered to pay more than $58,000 in restitution. That sentence will run concurrently to the first sentence imposed.
In the first case, special agents with the FBI executed a search warrant at Leal’s residence in Garland, Texas, in July 2015, that he shared with Amber Nichole Williams, with whom he was involved in a romantic relationship. Leal was present during the search; both Leal and Williams were interviewed that day. Pursuant to the warrant, agents found and seized computers and other digital material. They also seized an AR-15 rifle and a 9mm handgun from the residence.
Leal admitted that he used the Tor chat network to obtain child pornography, admitting he had an addiction to child porn. Leal admitted that he had hundreds of images of prepubescent child pornography depicting prepubescent female children, including images of penetration, bestiality and bondage. In June 2015 he attempted to receive an image of an actual minor engaged in sexually explicit conduct. Leal had been convicted in 2002 for, among other things, possession of child pornography, and was sentenced to 40 months’ confinement while he served in the military.
Amber Nichole Williams, 31, was subsequently indicted in October 2015 on three counts of destruction, alteration or falsification of records and one count of making false statements. The indictment alleges that she made a false entry in Leal’s phone to make it appear that his phone was used to contact another sex offender, and she also destroyed and concealed a flash drive, knowing it contained child pornography, as well as a flip phone, that contained evidence of enticement of a minor. The indictment further alleges that she lied to FBI agents about whether she knew that Leal had any sexual relationships with minors, when in fact, Leal had told her that he had. Williams remains in custody; her trial is set for December 12, 2016, before U.S. District Judge Jane J. Boyle.
According to documents filed in the subsequent case, in December 2014, Leal drove from Canada into the U.S. through the Houlton, Main, port of entry. Border Agents became suspicious of his activity and contacted U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) for assistance. While Leal was allowed to leave the port of entry, his computer, along with its internal hard drive, an external hard drive and a thumb drive, were retained for further inspection. A forensic examination revealed that the computer contained multiple images of child pornography and the thumb drive contained at least an additional 350 images of child pornography. Leal admitted that at least one image is of an actual minor child. He further admitted that some of the images and videos he possessed depicted sadistic acts involving children, and that some of the images and videos depicted infants or toddlers.
This year marks the 10th anniversary of the Project Safe Childhood (PSC) initiative. PSC is a department initiative launched in May 2006 to combat the proliferation of technology-facilitated sexual exploitation crimes against children. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, PSC marshals federal, state, tribal and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. Since FY 2011, the Department of Justice has filed 20,260 PSC cases against 19,111 defendants. These cases include prosecutions of child sex trafficking; sexual abuse of a minor or ward; child pornography offenses; obscene visual representation of the sexual abuse of children; selling or buying of children; and many more statutes. To learn more about PSC’s work, please visit: https://www.justice.gov/psc.
The FBI, ICE HSI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Garland and Mesquite Police Department investigated the cases. Assistant U.S. Attorneys Lori Walker and Camille Sparks prosecuted.
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Former University of Miami Director of Finance Sentenced for Tax EvasionRead the Press Release
A former University of Miami Director of Finance was sentenced to 37 months in prison, to be followed by 1 year of supervised release for committing tax evasion and failing to report to the Internal Revenue Service (IRS) $2.3 million that she embezzled from the university.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
Kimberly Jean Miller, 58, previously pled guilty to four counts of tax evasion, in violation of Title 26, United States Code, Section 7201.
According to court documents, from 2002 until 2012, Miller was the director of finance at the University of Miami's Rosensteil School of Marine and Atmospheric Science (RSMAS). The defendant's job responsibilities included overseeing the payment of RSMAS's vendor invoices. Between 2002 and 2012, Miller used her authority at RSMAS to embezzle $2.3 million from the University of Miami by falsifying invoices from a vendor called International Assets. Specifically, Miller altered the International Assets invoices so that the company name would appear as "Inter, Inc." and the checks would be mailed back to RSMAS, instead of to International Assets directly. Miller then deposited the "Inter, Inc." checks into a business bank account in the name Intercontinental Oceans, Inc., a company Miller opened in 1993.
Between 2008 and 2011, Miller prepared her own tax returns and knowingly failed to report to the IRS the money she had unlawfully obtained through her embezzlement scheme. Miller owes the IRS an additional $329,020 in income taxes for her 2008 through 2011 tax returns.
Mr. Ferrer commended the investigative efforts of IRS-CI. The case was prosecuted by Assistant U.S. Attorney Amanda Perwin.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov
Former Sheriff’s Deputy Sentenced to Federal Prison for Selling Firearms to Prohibited PersonRead the Press Release
Contact Person: Nick Bianchi (843) 727-4381
Columbia, South Carolina---- Acting United States Attorney Beth Drake stated today that Tony Allen Riley, age 62, of Goose Creek, SC, was sentenced yesterday in federal court in Charleston, South Carolina, for selling a firearm to a person he knew to be under indictment for a crime punishable by imprisonment for a term exceeding one year. Senior United States District Judge Margaret B. Seymour of Charleston sentenced Riley to twelve months and one day imprisonment, to be followed by one year of supervised release.
Evidence presented at the change of plea hearing established that in December 2013, on two separate occasions, Riley sold firearms to an individual that Riley knew to be under indictment for a crime punishable by imprisonment for a term exceeding one year. At the time Riley sold the firearms, he was employed as a deputy with the Berkeley County Sheriff’s Office, where he had previously held the rank of lieutenant prior to his retirement in 2008 and subsequent return to the Sheriff’s Office in 2009.
Acting U.S. Attorney Beth Drake said, “Community policing is a time-honored practice here in our state. Effective community policing is founded on both the desire of officers to protect and serve and the trust of the people the officers serve. That trust is critical to both the safety of our officers and our communities. For this reason, both the FBI and the U.S. Attorney’s Office, working hand-in-hand with the Department of Justice, will give top priority to prosecuting those few officers who commit abuses, dishonoring their badge and the bravery and integrity of their fellow officers.”
The case was investigated by agents of the Federal Bureau of Investigation (FBI). Assistant United States Attorney Nick Bianchi of the Charleston office prosecuted the case.
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Former Monroe County Resident Sentenced to More Than 58 Years in Federal Prison for Repeated Sexual Exploitation of ChildrenRead the Press Release
A Monroe County man was sentenced today to more than 58 years in prison for producing child pornography documenting his own sexual assaults of young children, announced United States Attorney Barbara L. McQuade.
McQuade was joined in the announcement by Special Agent in Charge David P. Gelios, Federal Bureau of Investigation, Detroit Division.
Jason Wayne Soper, 34, was sentenced by U.S. District Judge Gerald E. Rosen.
According to court records, Soper produced videos and images of his own sexual assaults of several children, ages three to seven years old. Soper traded the images and videos he produced to other individuals over the Internet in exchange for pornographic images depicting infants and toddlers. Soper distributed some of the images to an undercover FBI agent, which led to his identification, arrest and the rescue of multiple children. Soper admitted to sexually assaulting several other children, and to having committed sexual assault crimes against two of the children for most of their lives.
"Child predators who create child pornography victimize children twice, first by sexually assaulting them and again by sharing it with others on the Internet." McQuade said. "We are grateful for the undercover work by the FBI in this case that led to the rescue of young children."
"The depravity of this case shocks the conscience, and exemplifies the horrific and unspeakable crimes committed against the most vulnerable members in society, our youth” said David P. Gelios, Special Agent in Charge, FBI Detroit Division. “The message should be clear: Protecting our children from predators is a top priority of the FBI. We are committed to identifying those, like Soper, who sexually exploit children and working with the U.S. Attorney’s Office to seek the prosecution of those individuals to the fullest extent of the law.”
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Kevin M. Mulcahy.
Former CEO charged in federal fraud caseRead the Press Release
Avon man is alleged to have stolen hundreds of thousands from Indiana utility company
Indianapolis – United States Attorney Josh Minkler announced that Donnis Mizelle, 55, of Avon, Indiana, was charged today in federal court with defrauding Hendricks Power Cooperative, a local electric utility company, headquartered in Avon, where Mizelle had served as Chief Executive Officer. Mizelle allegedly used his position as CEO and access to the company’s expense account to embezzle over $500,000 over a six-year period. Mizelle has agreed to plead guilty to the charge.
“CEOs hold positions of special trust and authority, not only in the companies they serve but as leaders in society. We expect them to act with integrity,” Minkler said. “Exploiting that special trust for personal gain is an egregious crime, especially when those defrauded are friends and neighbors in a community that the CEO was hired to serve. This Office will vigorously prosecute such crimes, doing its part to ensure that business leaders act with the integrity we expect.”
Mizelle is alleged to have routinely siphoned funds from the company’s expense account for his own personal use. As CEO, Mizelle was permitted to seek reimbursement for legitimate business expenses that he incurred. Since at least 2009, though, Mizelle submitted dozens of fraudulent expense reports that disguised personal expenses as business expenses. And as a result, the Hendricks Power Cooperative paid Mizelle hundreds of thousands of dollars for purely personal purchases.
For instance, on an April 2009 expense report, Mizelle claimed and received approximately $650 for a purported business entertainment expense. According to the federal charges, however, there was no business entertainment expense. Mizelle had actually purchased a black sapphire bracelet and Mont Blanc pen from a local jewelry store for his personal use. Similarly, on an October 2014 expense report, Mizelle claimed and received $1,250 for purportedly sponsoring a business-related dinner event. According to the charges, Mizelle had actually purchased a Eurail train pass for an upcoming family vacation in Europe.
The charges allege that Mizelle’s scheme was wide-ranging. Over time, he would come to submit false expense reports on an almost monthly basis, each containing multiple fictitious entries. His fraudulent claims allegedly resulted in reimbursement checks not only for personal vacations and jewelry, but also for iPhones and iPads, tickets to sporting events, clothing, meals, and even groceries. No amount was too small. As another example, on a January 2012 expense report Mizelle claimed and received approximately $20 for a business lunch. According to the charges, however, this claim actually related to a pizza delivery he ordered to his home on a Friday night.
Assistant United States Attorney Nick Linder, who is prosecuting the case for the government, said that Mizelle will formally plead guilty at a future court hearing and faces up to twenty years in prison, a substantial fine, and an order to pay restitution to the victim.
Felon in Possession of A Firearm Sentenced in Federal CourtRead the Press Release
ASHEVILLE, N.C. – U.S. District Judge Martin Reidinger sentenced today a Transylvania Co. man to 41 months in prison for a federal firearms violation, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Bobie James Gibbens, 27, of Penrose, N.C. was also ordered to serve three years under supervised release upon completion of his prison term.
U.S. Attorney Rose is joined in making today’s announcement by C.J. Hyman, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, Sheriff David A. Mahoney of the Transylvania County Sheriff’s Office and Chief John Phillip Harris, Jr. of the Brevard Police Department.
“Gibbens is a convicted felon who illegally possessed a loaded sawed-off shotgun and ammunition in a house occupied by young children. Unlawful gun possession is a serious offense and my office is committed to working closely with our law enforcement partners to identify and prosecute those who violate federal firearms laws,” said U.S. Attorney Rose.
“This investigation is another example of ATF working with our law enforcement partners to enforce the federal firearms laws and to keep our communities safe,” said ATF Special Agent in Charge Hyman.
According to filed court documents and statements made in court, on January 14, 2016, officers from the Transylvania County Narcotics Task Force executed a state search warrant at Gibbens’ residence. Court records show that while executing the search warrant, law enforcement recovered from the residence a Harrington & Richardson Topper Junior model 88 .410 gauge shotgun which had a sawed-off barrel and various caliber ammunitions, as well as narcotics and other drug paraphernalia. Court records show that Gibbens has multiple prior state offenses, including felony possession of stolen goods, breaking and entering, and sale/delivery of a controlled substance, and he is prohibited from possessing a firearm. Gibbens pleaded guilty in May 2016 to one count of possession of a firearm by a convicted felon.
Gibbens is currently in federal custody and he will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The investigation was handled by ATF, the Transylvania County Sheriff’s Office and the Brevard Police Department. Assistant U.S. Attorney Don Gast of the U.S. Attorney’s Office in Asheville prosecuted the case.
Federal Agencies Issue Joint Guidance to Help Emergency Preparedness, Response and Recovery Providers Comply with Title VI of the Civil Rights ActRead the Press Release
The Departments of Justice, Health and Human Services, Housing and Urban Development, Homeland Security and Transportation today issued joint guidance to help ensure that recipients of federal financial assistance do not discriminate against individuals and communities on the basis of race, color or nation origin when providing emergency preparedness, response and recovery services.
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin in federally-funded programs or activities. Discrimination in a recipient’s emergency response measures violates Title VI of the Civil Rights Act of 1964.
The guidance suggests a series of steps recipients can adopt now to ensure compliance:
- Share information about housing, health services or other emergency-related services and nondiscrimination rights to diverse racial, ethnic and Limited English Proficient (LEP) populations;
- Engage with and seek input from diverse racial, ethnic and LEP populations to determine how best to tailor emergency planning, response and recovery efforts;
- Widely disseminate evacuation and disaster preparedness plans, including to LEP populations;
- Ensure that all entities know that most public services for protection of life and safety provided by recipients of federal financial assistance do not have immigration status restrictions; and
- Routinely collect and analyze information about the potentially affected populations to help ensure effective, nondiscriminatory allocation of resources and services.
“In times of emergency, the law requires that federal funding recipients provide equal services to all people and all communities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “This guidance will help ensure that individuals in need of assistance are not discriminated against during future hurricanes, wildfires and other catastrophic events.”
“Our guidance reminds recipients that Title VI compliance obligations are not up for debate,” said Director Leslie Proll of the Departmental Office of Civil Rights for the Department of Transportation. “It applies at all times and cannot be waived before, during, or in the aftermath of emergencies and disasters.”
Additionally, two new resources are being issued today to assist recipients of federal financial assistance: the Department of Justice’s Tips and Tools for Reaching Limited English Proficient Communities in Emergency Preparedness, Response and Recovery; and the Department of Health and Human Services’ Checklist for Recipients of Federal Financial Assistance, which facilitates the integration of the whole community into emergency-related activities.
“Discriminatory practices in health care can be life-threatening and this is especially true in emergencies and disaster situations,” said Director Jocelyn Samuels of the Department of Health and Human Services’ Office for Civil Rights. “This guidance will help leaders in the emergency management community understand their obligations under Title VI and the critical steps they can take to best serve the whole community, including individuals with access and functional needs.”
Both resources and the guidance can be found on the agencies’ websites and the new civil rights section of the Federal Emergency Management Agency (FEMA) website at www.fema.gov/media-library/assets/documents/26070.
“Discrimination has no place in the disaster response and recovery process.” said Director Willisa Donald of FEMA’s Office of Equal Rights. “Everyone must be treated equally when it comes to supporting survivors in their greatest time of need and this guidance will build on our work to make sure those we partner with share our values of fairness and equality.”
“Complying with Title VI requirements, as well as requirements to ensure equal access to persons with disabilities as required by federal civil rights law, becomes even more important during emergencies and disasters in order to ensure that no one is unjustly denied critical services and support,” said Megan H. Mack, Officer for Civil Rights and Civil Liberties of the Department of Homeland Security. “The guidance embraces the principles of the National Preparedness Goal and National Planning Frameworks in which the federal government seeks to enable the whole community, including but not limited to those from racial and ethnically diverse backgrounds, and persons with limited English proficiency, to contribute to and benefit from national preparedness.”
“Families who lose their homes to natural disasters shouldn’t have their loss compounded by discrimination at a time when they are struggling to put that essential component of their lives back together,” said Gustavo F. Velasquez, Assistant Secretary for Fair Housing and Equal Opportunity for the Department of Housing and Urban Development. “The joint guidance makes it clear that recipients of federal funding have an obligation to treat every person affected by national emergencies equally.”
The Civil Rights Division and the agencies’ offices for civil rights are responsible for enforcing Title VI by ensuring that their recipients of federal financial assistance do not discriminate on the bases of race, color or national origin. Additional information about these offices is available through the following links:
Department of Justice’s Civil Rights Division at www.justice.gov/crt; Office of Justice Program’s Office of Civil Rights at http://ojp.gov/about/offices/ocr.htm; Office for Access to Justice at www.justice.gov/atj; Department of Homeland Security’s Office for Civil Rights and Civil Liberties at www.dhs.gov/office-civil-rights-and-civil-liberties; Department of Health and Human Service’s Office for Civil Rights at www.hhs.gov/ocr/; Department of Housing and Urban Development’s Fair Housing and Equal Opportunity Office at www.portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp; and Department of Transportation’s Departmental Office of Civil Rights at www.transportation.gov/civil-rights.
Emergency Preparedness Guidance
Tips and Tools for Reaching Limited English Proficient Communities in Emergency Preparedness
Checklist for Recipients of Federal Financial Assistance
Father and Sons Plead Guilty in Schemed to Obstruct the IRSRead the Press Release
JOHNSTOWN, Pa. - Three residents of Rockwood, Pa., each pleaded guilty in federal court in Pittsburgh to a charge of conspiracy, United States Attorney David J. Hickton announced today.
George R. Beener and his sons Kerry Beener and Kevin Beener pleaded guilty to one count each before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that, between March 2010 and February 2016, George R. Beener, Kerry Beener and Kevin Beener engaged in a conspiracy to impair, impede, and obstruct the functions of the Internal Revenue Service in the computation, assessment and collection of income tax.
Judge Schwab scheduled sentencing for each of the defendants on Dec. 12, 2016, beginning at 8:30 a.m. The law provides for a total sentence of five years in prison, a fine of $250,000, or both for each of the defendants. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.
The Internal Revenue Service/Criminal Investigation conducted the investigation that led to the prosecution of the Beeners.
Eight Charged with Conspiring to Traffic Synthetic Drugs into United States from ChinaRead the Press Release
HARRISONBURG, VIRGINIA – Seven individuals who are alleged to have been members of a conspiracy that trafficked controlled substances, including controlled substance analogues (also called synthetic drugs) from Asia that eventually made their way to the streets of Harrisonburg for distribution, have been indicted by a federal grand jury sitting in the United States District Court for the Western District of Virginia in Harrisonburg.
After the synthetic drugs arrived in the United States, this conspiracy distributed them to locations in the Western District of Virginia, New York, Illinois, Pennsylvania, Oregon, North Carolina, South Carolina, Georgia, Texas, Ohio and Michigan. An eighth man, who has pled guilty to being part of the conspiracy, has admitted to providing the drugs to a sub-distributor in Harrisonburg, United States Attorney John P. Fishwick Jr. announced today.
In a superseding indictment filed under seal July 19, 2016 and unsealed in recent weeks following the arrests and initial court appearances of the defendants, the grand jury has charged Jason Bradley, 38, of Chicago, Illinois, his wife, Deborah Ryba, 37, also of Chicago, Ryan Buchanan, 35, of Downers Grove, Illinois, Brian Lister, 29, of Buffalo Grove, Illinois, Nicholas Purintun, 30, of Downers Grove, Illinois, Nayna Taylor, 55, of Charlotte, North Carolina and Edward Taylor, 66, of Charlotte, North Carolina.
According to the superseding indictment, from March 2011 to October 2015, the defendants conspired to traffic controlled substances, including controlled substance analogues, from China and other Asian countries to the United States, including areas in the Western District of Virginia, for the purpose of human consumption. At times during the conspiracy, Jason Bradley and Deborah Bradley lived in China and Thailand and shipped synthetic drugs directly to other members of the conspiracy, who then redistributed them to various locations throughout the United States. The superseding indictment also alleges that some members of the conspiracy engaged in a conspiracy to commit money laundering transactions.
A related conspirator, Robert Justin Schroeder, 36, also from the Chicago, Illinois area, pled guilty under seal in May 2016 to one count of conspiracy to distribute and possess with the intent to distribute controlled substance analogues, and one count of conspiracy to launder money. Schroeder’s guilty plea was unsealed recently in Federal Court in Harrisonburg. Schroeder has admitted that the synthetic drugs would arrive from China packaged in a variety of ways to avoid detection, including smuggled inside of cosmetic fingernail dryers, children’s toys and stuffed animals. Schroeder also admitted that one of his sub-distributors was located in the Harrisonburg-area, and that this individual obtained controlled substance analogues from Schroeder and redistributed them to customers throughout the Harrisonburg-area in the Western District of Virginia. According to Schroeder, this conspiracy was a major wholesale supplier of synthetic drugs to distributors who were shut down during Operation Log Jam, the DEA’s nationwide federal roundup of synthetic drug distributors in 2012. Schroeder admitted that the conspiracy earned over 1 million dollars selling the synthetic drugs.
Those charged in the recently unsealed superseding indictment are as follows:
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Jason Bradley, 38, of Chicago, Illinois: one count of drug trafficking conspiracy, one count of conspiracy to import controlled substances (including controlled substance analogues), and two counts of money laundering conspiracy.
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Deborah Ryba, 37, of Chicago, Illinois: one count of drug trafficking conspiracy, one count of conspiracy to import controlled substances (including controlled substance analogues), and two counts of money laundering conspiracy.
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Ryan Buchanan, 33, of Downers Grove, Illinois: one count of drug trafficking conspiracy, one count of conspiracy to import controlled substances (including controlled substance analogues), and two counts of money laundering conspiracy.
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Brian Lister, 29, of Buffalo Grove, Illinois: one count of drug trafficking conspiracy, one count of conspiracy to import controlled substances (including controlled substance analogues), and one count of money laundering conspiracy.
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Nicholas Purintun, 30, of Downers Grover, Illinois: one count of drug trafficking conspiracy, one count of conspiracy to import controlled substances (including controlled substance analogues), and one count of money laundering conspiracy.
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Nanya Taylor, 55, of Charlotte, North Carolina: one count of drug trafficking conspiracy.
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Edward Taylor, 66, of Charlotte, North Carolina: one count of drug trafficking conspiracy.
The investigation of the case was conducted by the Drug Enforcement Administration (DEA), the Internal Revenue Service (IRS), the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI), United States Postal Inspection Service (USPIS), Virginia State Police, Michigan State Police, and the Burlington Police Department in North Carolina. Assistant United States Attorney Grayson A. Hoffman will prosecute the case for the United States.
A Grand Jury Indictment is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
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Detroit Man Admits Distributing Drugs that Caused Overdose Death of Madison County ManRead the Press Release
The guilty plea serves as a landmark prosecution in the efforts to disrupt Detroit’s drug pipeline to Kentucky
LEXINGTON, Ky. – The leader of a drug trafficking organization that brought significant amounts of heroin and fentanyl from Detroit, Mich., to Richmond, Ky., has admitted that he distributed fentanyl that caused the overdose death of a Madison County resident earlier this year.
On Monday, Navarius Westberry, 38, originally from Michigan, but living in Lexington, pleaded guilty to distributing a controlled substance resulting in an overdose death. Westberry faces a minimum of 20 years and a maximum of life in prison, without parole. He will be sentenced on November 8, 2016.
Westberry admitted that, from January 2014 until August 2015, he organized and operated a drug trafficking organization in Richmond that distributed between 750 and 1,000 grams of heroin and 50 grams of fentanyl. Westberry also admitted that, in March 2016, he supplied heroin and fentanyl that led to the overdose death of 25 year-old Corey Brewer. The toxicology report and autopsy showed that Brewer’s death was caused by toxic levels of fentanyl.
One of Westberry’s co-defendants, Benjamin Fredrick Charles Robinson, 21, also from Detroit, previously pleaded guilty to distributing fentanyl that caused another overdose. That victim survived the overdose after receiving medical treatment. Robinson is subject to the same penalty range, as Westberry. Both defendants must serve at least 85 percent of the prison sentences imposed at their upcoming sentencing hearings.
“We have known for some time that the Detroit area is a significant source of supply for the growing amounts of heroin, fentanyl, and other narcotics that are devastating so many Kentucky communities,” said Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky. “The evidence indicates that the leaders of this conspiracy relocated to Central Kentucky for the sole purpose of establishing a heroin distribution network in our communities. The results, were deadly. This case represents a significant victory in our ongoing efforts to disrupt the “Detroit Pipeline” and is a shining example of effective collaboration between federal and local law enforcement agencies.”
This case marks the first time the U.S. Attorney’s Office for the Eastern District of Kentucky has applied the federal overdose provisions in a case involving defendants from Michigan whose distribution of drugs in Kentucky caused an overdose.
Three others, including Kevin Feltner, 24, of Richmond, Dion Terry Taylor, 23, from Detroit, and Kathy Lashell Brown Miller, 30, also of Richmond, have previously pleaded guilty to their roles in the drug conspiracy and are awaiting sentences.
U.S. Attorney Harvey, Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration, and Robert Mott, Acting Police Chief, Richmond Police Department, jointly announced the plea.
The investigation was conducted by the DEA and the Richmond Police. Assistant U.S. Attorney Todd Bradbury prosecuted this case on behalf of the federal government.
Any sentence imposed will come after the Court considers the U.S. Sentencing Guidelines and the federal statutes.
Columbus Bank Robber Sentenced to 17 Years ImprisonmentRead the Press Release
United States Attorney G.F. “Pete” Peterman, III, announced that Victor Butler, age 59, of Columbus, Georgia, was sentenced on August 16, 2016, in Columbus, Georgia, by the Honorable Clay D. Land, United States District Judge, to serve a total of 204 months (17 years) imprisonment, without parole, for bank robbery.
Mr. Butler entered a guilty plea on January 28, 2016, to the robbery of the SunTrust Bank, 2050 Auburn Avenue, Columbus, GA. Mr. Butler approached a bank teller and presented a handwritten demand note stating that this was a robbery. The note also stated that he had a bomb so the teller should do everything he told her to do. Mr. Butler threatened to blow them up if his instructions were not followed, motioning to a backpack he was carrying as evidence of the bomb threat and showed an electronic device which looked like a detonating device to the teller.
Mr. Butler was provided approximately $2,000.00 and fled the bank. The robbery was recorded on video surveillance. Mr. Butler was not wearing anything to hide his identity.
Investigators released an image of the robber to the Columbus media to request the public’s assistance in identifying him. Responses were received from Mr. Butler’s pastor and his probation officer, both of whom positively identified him as the individual from the video who robbed the SunTrust Bank. Mr. Butler was arrested the next day for the robbery. The backpack he used in the robbery was also found by police where he discarded it after the robbery. No evidence of explosives was found with it.
This was Mr. Butler’s third conviction for robbing a federally insured or operated institution. He has previously been convicted for armed bank robbery in 2002 and attempted robbery of a Post Office in 2006. In each of these three robberies Mr. Butler claimed to his victim that he had a bomb in order to secure their cooperation.
“For the past fifteen years this bandit has bullied his victims with the claim that he had a bomb in his backpack. With the lengthy and well-deserved sentence imposed today, he will not have the opportunity to repeat his depredations for a very long time, if ever,” said United States Attorney Pete Peterman.
The case was investigated by the Columbus Police Department and the Federal Bureau of Investigation. Assistant United States Attorney Michael Solis prosecuted this matter on behalf of the United States.
Coal Truck Owner Sentenced to 3-Months’ Home Detention, Owner and Company Pay over $375,000 in Fines, Restitution, and PenaltiesRead the Press Release
ABINGDON, VIRGINIA – A Big Stone Gap coal trucking company and its owner, who previously pled guilty to violating the Federal Mine Safety and Health Act by providing advance notice of safety inspections, were sentenced yesterday in Federal Court, United States Attorney John P. Fishwick Jr. announced.
Hillis Bresee and Bresee Trucking, violated the Federal Mine Safety and Health Act, in approximately February 2012, by giving advance notice of safety inspections and failing to ensure adequate inspections of coal haul tractor-trailers, including braking systems. Hillis Bresee, 63, of Pennington Gap, Va. was sentenced to three years’ probation, which includes a three-month period of home detention with electronic monitoring. Bresse Trucking was sentenced to three years’ probation. In addition, Hillis Bresee and Bresee Trucking must pay $300,000 in civil penalties, a total of $70,000 in restitution to two former employees of the company, and fines of $5,000. The payments must be completed within one year.
“Mining companies and their owners and operators must know that providing advance warning of the presence of safety inspectors who visit mining operations will not be tolerated,” United States Attorney Fishwick said today. “This case also demonstrates the need for mining companies to maintain adequate safety inspection records, maintain safety systems on equipment, and comply fully with the Federal Mine Safety and Health Act. The employees who work in this industry deserve no less.”
The investigation of the case was conducted by the Norton Office of the Mine Safety and Health Administration. Assistant United States Attorney Randy Ramseyer and Special Assistant United States Attorney Kevin Jayne prosecuted the criminal case for the United States. The civil proceedings were handled by J. Matthew McCracken of the United States Department of Labor, Office of the Solicitor.
Clinton Man Convicted for Federal Heroin Distribution ConspiracyRead the Press Release
Greenbelt, Maryland – A federal jury convicted Olden Minnick, a/k/a “O,” age 53, of Clinton, Maryland, today on charges connected to a conspiracy to distribute heroin and marijuana.
The guilty verdict was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; Assistant Director in Charge Paul M. Abbate of the Federal Bureau of Investigation - Washington Field Office; Chief Hank Stawinski of the Prince George’s County Police Department; Chief James W. Johnson of the Baltimore County Police Department; and Commissioner Kevin Davis of the Baltimore Police Department.
According to the evidence presented at his four-week trial, from June 2012 to December 3, 2014, Minnick conspired with Terrance Stanback, Sean Wilson, Christian Byrd, and others to distribute heroin and marijuana. From at least June 1, 2014 to December 3, 2014, Minnick used residences in Clinton, Maryland and Capitol Heights, Maryland, for the distribution and storage of heroin and other controlled substances. Over the course of the conspiracy Minnick used cellular telephones to arrange for the distribution of heroin and was intercepted on several occasions in 2014 arranging to provide distribution quantities of heroin.
Minnick faces a mandatory minimum sentence of 10 years in prison, and a maximum of life in prison, as well as a fine of up to $10 million. U.S. District Judge Theodore D. Chuang has scheduled sentencing for Minnick on December 7, 2016 at 10:30 a.m.
Co-defendant Terrance Stanback, age 52, of Clinton, Maryland, pleaded guilty to his role in the conspiracy on the day before trial and is scheduled to be sentenced on October 14, 2016 at 10:00 a.m. Sean Wilson, age 46, of Randallstown, Maryland previously pleaded guilty to conspiracy to distribute and possess with the intent to distribute heroin and was sentenced to 11 years in federal prison. Christian Byrd, age 45, of Laurel, Maryland, pleaded guilty to possession with intent to distribute heroin and was sentenced to 15 years in federal prison. Judge Chuang also ordered Byrd to forfeit $440,000, as the proceeds of his drug distribution.
United States Attorney Rod J. Rosenstein commended the DEA, FBI, and the Prince Georges County, Baltimore County, and Baltimore City Police Departments for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Deborah A. Johnston and Thomas P. Windom, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
Cape Coral Man Sentenced to Three Years for Credit Card Fraud and Aggravated Identity TheftRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell today sentenced Henry Alberto Fernandez Gomez (30, Cape Coral) to three years in federal prison for access device (credit card) fraud and aggravated identity theft. The Court also ordered him to repay $8,070.45 in restitution to his victims and an additional $8,070.45 to the United States in the form of a forfeiture money judgment representing the proceeds he obtained as a result of the offenses.
According to the plea agreement, between December 30, 2014, and April 13, 2015, Fernandez Gomez used stolen and unauthorized credit card information 27 times at retail establishments throughout the Florida to purchase various items, including $3,500 of furniture. He also used another person’s means of identification to make a retail purchase.
This case was investigated by the Federal Bureau of Investigation, the Lee County Sheriff’s Office Economic Crimes Unit, and the Cape Coral Police Department. It was prosecuted by Assistant United States Attorney David G. Lazarus.
Buncombe Co. Man Sentenced to More Than Six Years in Prison on Child Pornography ChargesRead the Press Release
ASHEVILLE, N.C. – Erik Corbin Peterson, 47, of Black Mountain, N.C. was sentenced today by U.S. District Judge Martin Reidinger to 75 months in prison on child pornography charges, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Peterson was ordered to serve a lifetime of supervised release and to register as a sex offender. Peterson was also ordered to pay $17,000 in restitution to known victims of child pornography.
Sheriff Van Duncan of the Buncombe County Sheriff’s Office joins U.S. Attorney Rose in making today’s announcement.
According to court documents and information introduced at the sentencing hearing, in December 2013, law enforcement received a tip that an online user was using his e-mail to send child pornography via the Internet. Law enforcement determined that the e-mail account belonged to Peterson, who used it frequently to send to and receive from other unknown e-mail users images depicting the sexual abuse of children. In May 2014, law enforcement executed a search warrant at Peterson’s residence seizing a laptop computer, a desktop computer and an external hard drive. Forensic analyses of those devices revealed that Peterson possessed more than 1,000 images of child pornography, some of which depicted prepubescent minors engaging in sadistic and masochistic conduct.
In making today’s announcement, U.S. Attorney Rose said, “Peterson traded online images depicting the horrendous sexual exploitation of children. Then, he had the audacity to describe his depraved conduct as ‘a kind of game that he and some of his friends started.’ The sexual exploitation of innocent and vulnerable victims is not a game. It is a crime. And it is the type of criminal activity that my office takes very seriously. We hope today’s sentence delivers a clear message that possessing, receiving and sharing child pornography will land you in jail for a long time.”
Peterson pleaded guilty in April 2016 to one count of possession of child pornography. He is currently in custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
U.S. Attorney Rose thanked the Buncombe County Sheriff’s Office for their investigation of this case. The U.S. Attorney’s Office in Asheville prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice, aimed at combating the growing online sexual exploitation of children.By combining resources, federal, state and local agencies are better able to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue those victims.For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
Bullhead Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on August 15, 2016, by U.S. District Judge Charles B. Kornmann.
Mario Delaney Crow Ghost, age 45, was sentenced to 10 months in custody, 8 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Crow Ghost was indicted by a federal grand jury on March 15, 2016. He pled guilty on June 12, 2016.
The conviction stemmed from Crow Ghost failing to register as a sex offender from October 19, 2015, to March 15, 2016, when Crow Ghost had been convicted in U.S. District Court, District of South Dakota, for Sexual Abuse of a Minor.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Crow Ghost was immediately turned over to the custody of the U.S. Marshals Service.
Boise Man Pleads Guilty to Sex Trafficking of ChildrenRead the Press Release
BOISE – Michael Wayne Wade, 30, of Boise pleaded guilty today in United States District Court to sex trafficking of children, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, agents with the Idaho Department of Probation and Parole arrested Wade for a felony probation violation in July of 2014. A Nokia Lumina cell phone was seized from Wade and examined by a detective with the Boise Police Department. The cell phone contained texts with a minor that included images of the minor, including one that was sexually explicit. The detective conducted open-source internet searches on Backpage.com and discovered that the images of the minor on Wade’s phone had been posted in an ad for “escort services” in Boise in July and November of 2014. The postings were made using a Backpage.com account for another individual, J.K.
J.K. was arrested by the Boise Police Department in December of 2014, and admitted she worked as a prostitute in Boise, and that Wade was the “boss” who “pimped her.” She admitted Wade asked her to use the minor for a two-girl “date,” which she refused. She admitted posting the minor as an escort on Backpage.com, using the images sent to her by Wade. She further admitted that Wade spoke to her about taking the minor “under her wing,” assisting her in “escorting,” and ensuring that she was “working.” J.K. admitted that she took the minor on at least two “dates” where the minor engaged in commercial sex acts, and that she received money from the minor in exchange for posting the ad and transporting her.
The minor was interviewed and admitted that she participated in a prostitution enterprise with Wade and J.K. She stated she sent the images of herself to Wade for the purpose of being posted on Backpage.com as an escort. The minor stated that J.K. posted her images on Backpage.com, and drove her on at least two “calls” where she engaged in a commercial sex act when she was sixteen years old.
Further investigation by the Boise Police Department and the FBI revealed recorded phone calls and text messages from Wade to J.K. and the minor. The text messages revealed that Wade knew the minor was sixteen years old, that he told her she would be a “star by the time I’m done with you,” encouraged her to “hustle all day,” and told her that J.K. would teach her “the tricks of the trade” and “how to hustle.” Wade also told the minor that she had “mad potential,” could “turn tricks,” and that J.K. would “buy you a room” and “have you got to work this weekend.” Wade then told J.K. that the minor was “all open” and “down to work for the team.”
“This defendant callously victimized a minor, commercially exploiting her for the sexual gratification of others and for his personal profit,” said Olson. “This conviction demonstrates that this office and its law enforcement partners in Idaho are unwavering in our commitment to seek justice on behalf of vulnerable victims and to hold sex traffickers accountable.”
Sentencing is set for November 10, 2016, before Senior U.S. District Judge Edward J. Lodge. Sex trafficking of children is punishable by not less than 10 years’ imprisonment and up to life, a $250,000 fine, a term of supervised release of not less than five years and up to life.
The case was investigated by the Boise Police Department, the FBI, and the Idaho Department of Probation and Parole, and was prosecuted with assistance from the Ada County Prosecutor’s Office. The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Bassett Man Sentenced on Robbery ChargeRead the Press Release
DANVILLE, VIRGINIA – A Bassett, Virginia man, who committed armed robbery during an intended drug deal, was sentenced today in federal court, United States Attorney John P. Fishwick Jr. announced.
Christopher L. Bowers, 23, of Bassett, Virginia, previously pled guilty in the United States District Court for the Western District of Virginia in Danville to one count of robbery, as a principal and aider and abettor. Today in District Court, Bowers was sentenced to 24 months in federal prison and three years of supervised release thereafter.
“This situation could have ended in much more tragic circumstances,” United States Attorney Fishwick said today. “So often, the mixture of drugs and guns has deadly consequences. We will continue to work with our partners in law enforcement to slow the tide of violence and drug trafficking in our communities.”
According to evidence presented at previous hearings, in the early morning hours of December 10-11 2014, Bowers and an associate, Christopher Strokes, went to a home in Henry County for the purpose of obtaining pills. When Stokes and Bowers arrived, Bowers was armed with a pistol. A disagreement arose over the price of the drugs. At that time, Bowers brandished a firearm and struck one of the victims. Stokes, who was not initially armed, seized a Smith and Wesson .40 caliber pistol belonging to one of the home’s residents, confronted a second victim, demanded money, and then fired the pistol into the wall. Bowers and Stokes then fled with stolen pills, the Smith & Wesson pistol, and approximately $400 in cash.
The investigation of the case was conducted by Department of Homeland Security. Assistant United States Attorney Anthony P. Giorno and Special Assistant United States Attorney Kari K. Munro prosecuted the case for the United States.
Allen Man Sentenced to 36 Months Supervised Release for Assault in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced that, WILLIAM CONLEY BOAZ II, age 27, of Allen, Oklahoma, was sentenced to 3 years of supervised release for ASSAULT IN INDIAN COUNTRY (MISDEMEANOR), in violation of Title 18, United States Code, Sections 1152 and 113(a)(4).
The Information alleges that on or about February 18, 2016, in the Eastern District of Oklahoma and elsewhere, while present within Indian Country in the special maritime and territorial jurisdiction of the United States, the Defendant, WILLIAM CONLEY BOAZ II, a non-Indian, did commit an assault against an Indian, who was a spouse or intimate partner, by striking said person on the face.
The charges arose from an investigation by the Chickasaw Nation Lighthorse Police and the Bureau of Indian Affairs. The defendant pled guilty in July, 2016.
The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.
First Assistant United States Attorney Edward Snow represented the United States.
Allen Man Pleads Not Guilty to Involuntary Manslaughter and AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Allen, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter and Assault Resulting in Serious Bodily Injury.
Jeff Sitting Bear, Jr., age 43, was indicted on July 26, 2016. Sitting Bear appeared before U.S. Magistrate Judge Daneta Wollmann on August 12, 2016, and plead not guilty to the Indictment.
The maximum penalty upon conviction is 10 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 charges relate to Sitting Bear committing the offenses by driving a motor vehicle in the wrong lane of traffic while under the influence of alcohol. Sitting Bear collided head on with a motorcycle being driven by the victim on July 2, 2016, near Kyle.
The charges are merely accusations and Sitting Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, the South Dakota Highway Patrol, and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Sitting Bear was released on bond pending trial. A trial date has been set for October 18, 2016.
Alleged Shooter of New Mexico Police Officer Charged with Federal Firearms and Carjacking OffensesRead the Press Release
Ohio Man to be Prosecuted Under Federal “Worst of the Worst” Anti-Violence Initiative
Jesse Denver Hanes, 38, of Columbus, Ohio, has been charged with federal firearms and carjacking offenses arising out of an Aug. 12, traffic stop in Hatch, New Mexico, during which Hanes allegedly shot and killed Hatch Police Officer Jose Chavez and Hanes’ efforts to evade arrest following the shooting. The federal charges against Hanes are contained in a criminal complaint filed this morning in the U.S. District Court for the District of New Mexico.
The federal charges were announced by U.S. Attorney Damon P. Martinez of the District of New Mexico and Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. Joining them in making the announcement were Third Judicial District Attorney Mark D’Antonio, Chief James Gimler of the Hatch Police Department, Chief Pete N. Kassetas of the New Mexico State Police and Doña Ana County Sheriff Enrique Vigil.
Hanes is charged with being a felon in possession of a firearm, carjacking and discharging a firearm during a crime of violence. The criminal complaint alleges that Hanes committed these crimes in Doña Ana County, New Mexico, on Aug. 12. At the time, Hanes was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Hanes was arrested this afternoon on the federal charges by the FBI at a hospital in El Paso, Texas, where he is recuperating from a self-inflicted gunshot wound. His initial appearance in federal court in Las Cruces, New Mexico, has yet to be scheduled.
In addition to the charges in the federal criminal complaint, Hanes has been charged with the first-degree murder of Officer Chavez in a criminal complaint filed in the Third Judicial District Court for the state of New Mexico in Doña Ana County. The state’s murder investigation is continuing. Hanes also is facing an unrelated murder charge in Ohio.
According to the federal criminal complaint, on the afternoon of Aug. 12, Officer Chavez executed a traffic stop in Hatch on a Lexus driven by Hanes and in which two other men were passengers. During the traffic stop, Hanes allegedly shot Officer Chavez in the upper torso. Officer Chavez died later that night as a result of the gunshot wound.
The criminal complaint alleges that after Hanes and his passengers fled from the scene of the shooting in the Lexus, Hanes shot himself in the leg/groin-area. After Hanes and his passengers parted company, Hanes stopped at a rest area near Radium Springs, New Mexico, where he allegedly shot a motorist and carjacked the motorist’s vehicle, a Chevrolet. The motorist suffered a serious injury and remains hospitalized in stable condition.
Deputies of the Doña Ana County Sheriff’s Office located the Chevrolet allegedly carjacked by Hanes based on information provided by witnesses and gave chase. The chase ended when Hanes crashed the Chevrolet. After Hanes was taken into custody, a handgun, believed to be the firearm used to shoot Officer Chavez and the motorist, was recovered from the Chevrolet.
If convicted of the crimes charged in the federal criminal complaint, Hanes faces a statutory maximum penalty of 10 years in prison for unlawfully possessing a firearm and 25 years in prison on the carjacking charge. If convicted for discharging a firearm during the carjacking, Hanes faces a mandatory minimum penalty of 10 years in prison, which must be served consecutive to any sentence imposed on the other charges. These potential penalties apply only to the federal charges and are beyond any penalties that may be imposed under state laws.
Charges in criminal complaints are merely accusations, and criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The case was investigated by the Las Cruces office of the FBI, Hatch Police Department, Doña Ana County Sheriff’s Office and New Mexico State Police, with assistance from the Third Judicial District Attorney’s Office. The following agencies also assisted in the investigation: Albuquerque and El Paso offices of the FBI, ATF, DEA, U.S. Marshals Service, Homeland Security Investigations, U.S. Border Patrol, Las Cruces Police Department, El Paso, Texas, County Sheriff’s Office and El Paso Police Department.
Assistant U.S. Attorneys Aaron O. Jordan and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their felony conviction records for federal prosecution with the goal of removing violent, repeat offenders from communities in New Mexico for as long as possible.
Agencias Federales Emiten Directrices Conjuntas Para Ayudar A Los Proveedores De Preparación, Respuesta Y Recuperación Frente A Emergencias A Cumplir Con El Título Vi De La Ley De Derechos CivilesRead the Press Release
Los Departamentos de Justicia, Salud y Servicios Humanos, Vivienda y Desarrollo Urbano, Seguridad Nacional y Transporte emitieron hoy directrices conjuntas para ayudar a asegurar que los beneficiarios de asistencia financiera federal no discriminen en contra de personas y comunidades sobre la base de la raza, el color o el origen nacional al ofrecer servicios de preparación, respuesta y recuperación ante emergencias.
El Título VI de la Ley de Derechos Civiles de 1964 prohibe la discriminación sobre la base de la raza, el color o el origen nacional en programas o actividades financiadas por el gobierno federal. La discriminación en las medidas de respuesta a emergencias de un receptor de financiamiento viola el Título VI de la Ley de Derechos Civiles de 1964.
La directriz sugiere una serie de medidas que los receptores pueden tomar ahora para garantizar el cumplimiento:
- Transmitir información sobre vivienda, servicios de salud u otros servicios relacionados con las emergencias y los derechos de no discriminación a diversos sectores raciales, étnicos y con fluidez limitada en inglés de la población.
- Involucrarse con diversos sectores raciales, étnicos y con fluidez limitada en inglés de la población y pedirles su opinión para determinar cuál es la mejor manera de personalizar iniciativas de planificación, respuesta y recuperación frente a emergencias;
- Diseminar ampliamente planes de evacuación y preparación para desastres, lo que incluye a sectores con fluidez limitada en inglés de la población;
- Asegurarse de que todas las entidades sepan que la mayoría de los servicios públicos para la protección de la vida y la seguridad ofrecidos por beneficiarios de asistencia financiera federal no tienen restricciones por estado inmigratorio;
- Recabar y analizar periódicamente información sobre las poblaciones potencialmente afectadas para ayudar a asegurar una distribución eficaz y no discriminatoria de recursos y servicios.
“En momentos de emergencia, la ley exige que los beneficiarios de financiamiento federal ofrezcan igualdad de servicios a todas las personas y comunidades,” dijo la Fiscal General Adjunta Auxiliar Vanita Gupta, líder de la División de Derechos Civiles del Departamento de Justicia. “Esta directriz ayudará a garantizar que las personas que necesitan asistencia no sean discriminadas durante futuros huracanes, incendios forestales y otros eventos catastróficos.”
“Nuestra directriz les recuerda a los receptores que las obligaciones de cumplimiento del Título VI no están sujetas a debate,” dijo Leslie Proll, Directora de la Oficina Departamental de Derechos Civiles del Departamento de Transporte. “Se aplica en todo momento y no puede dejar de aplicarse antes, durante o después de emergencias y desastres.”
Además, hoy se están publicando dos nuevos recursos para ayudar a los receptores de asistencia financiera federal: los Consejos y Herramientas del Departamento de Justicia para dar alcance a comunidades con fluidez limitada en inglés en la preparación, respuesta y recuperación ante emergencias; y la Lista de Verificación del Departamento de Salud y Servicios Humanos para los receptores de asistencia financiera federal, que facilita la integración de toda la comunidad a actividades relacionadas con las emergencias.
“Las prácticas discriminatorias en la atención médica pueden poner en riesgo la vida y esto es especialmente cierto en situaciones de emergencias y desastres,” dijo Jocelyn Samuels, Directora de la Oficina de Derechos Civiles del Departamento de Salud y Servicios Humanos. “Esta directriz ayudará a los líderes de la comunidad de gestión de emergencias a comprender sus obligaciones bajo el Título VI y las medidas críticas que pueden tomar para brindar un mejor servicio a toda su comunidad, lo que incluye a personas con necesidades funcionales y de acceso.”
Ambos recursos y la directriz se encuentran en los portales de las agencias y el portal de la nueva sección de derechos civiles de la Agencia Federal para el Manejo de Emergencias [Federal Emergency Management Agency (FEMA)] en www.fema.gov/media-library/assets/documents/26070.
“La discriminación no tiene cabida en el proceso de respuesta y recuperación ante desastres,” dijo Willisa Donald, Directora de la Oficina de Igualdad de Derechos de la FEMA. “Todas las personas deben ser tratadas con igualdad cuando se trate de apoyar a los sobrevivientes en su momento de mayor necesidad y esta directriz apoyará nuestra labor para asegurarnos de que las personas con las que nos asociemos compartan nuestros valores de justicia e igualdad.”
“El cumplimiento de los requisitos del Título VI, así como de los requisitos para garantizar la igualdad de acceso a personas con discapacidades según lo exigido por las leyes federales de derechos civiles, se hace aún más importante durante emergencias y desastres para garantizar que no se le deniegue a nadie injustamente servicios y apoyo cruciales,” dijo Megan H. Mack, Funcionaria de Derechos Civiles y Libertades Civiles del Departamento de Seguridad Nacional. “La directriz incorpora los principios de la Meta de preparación nacional y los Marcos de planificación nacional en los que el gobierno federal busca permitir que toda la comunidad, que incluye a personas con orígenes raciales y étnicos diversos y a personas con fluidez limitada en inglés, contribuya a la preparación nacional y se beneficie con ella.”
“Las familias que pierden sus hogares por desastres naturales no deberían sufrir un agravamiento de su situación por culpa de la discriminación en un momento en que sufren por recomponer ese componente esencial de sus vidas,” dijo Gustavo F. Velasquez, Secretario Auxiliar de Vivienda Justa e Igualdad de Oportunidades para el Departamento de Vivienda y Desarrollo Urbano. “La directriz conjunta deja en claro que los receptores de financiamiento federal tienen la obligación de tratar equitativamente a todas las personas afectadas por emergencias nacionales.”
La División de Derechos Civiles y las oficinas de derechos civiles de las agencias son responsables de hacer cumplir el Título VI asegurándose de que sus receptores de asistencia financiera federal no discriminen sobre la base de la raza, el color o el origen nacional. En los siguientes enlaces se puede encontrar información adicional sobre estas oficinas:
División de Derechos Civiles del Departamento de Justicia en www.justice.gov/crt; Oficina de Derechos Civiles de la Oficina de Programas Judiciales en http://ojp.gov/about/offices/ocr.htm; Oficina de Acceso a la Justicia en https://www.justice.gov/atj; la Oficina de Derechos Civiles y Libertades Civiles del Departamento de Seguridad Nacional en https://www.dhs.gov/office-civil-rights-and-civil-liberties; Oficina de Derechos Civiles del Departamento de Salud y Servicios Humanos en www.hhs.gov/ocr/; Oficina de Vivienda Justa e Igualdad de Oportunidades del Departamento de Vivienda y Desarrollo Urbano en http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp; y Oficina Departamental de Derechos Civiles del Departamento de Transporte en https://www.transportation.gov/civil-rights.
La Directriz
Accokeek Man Exiled to 10 Years in Federal Prison for Gun and Drug OffensesRead the Press Release
Greenbelt, Maryland – U.S. District Judge George Jarrod Hazel sentenced Bryan Leneil Tiggle, age 32, of Accokeek, Maryland, late on August 15, 2016, to 10 years in federal prison, followed by four years of supervised release, for conspiracy to possess with intent to distribute cocaine and possession of a firearm in furtherance of a drug trafficking crime.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Daniel L. Board, Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; and Chief Hank Stawinski of the Prince George’s County Police Department.
According to their plea agreements, between April and May 2015, Tiggle and co-conspirator Sean Michael Midgette conspired to rob a drug dealer. On April 8, 2015, Tiggle met with an undercover ATF agent and agreed to rob a cocaine dealer’s stash house, then split the 12 kilograms of stolen cocaine. Tiggle told the undercover agent that he would bring another individual to the next meeting to discuss the robbery. On April 29, 2015, Tiggle brought Midgette to meet with the undercover agent and discuss the details of the robbery. Tiggle and Midgette stated that they would re-package the stolen drugs before selling their portions, and offered to help the undercover agent to sell his share of the cocaine as well.
On May 8, 2015, the undercover agent spoke with Tiggle and Midgette by telephone and the conspirators confirmed that they were ready to commit the robbery. Tiggle and Midgette drove together to meet the undercover agent at an agreed upon location. Midgette and Tiggle confirmed to the undercover officer that they were armed and Midgette put a duffle bag containing the guns in the back seat of the undercover agent’s vehicle. Tiggle rode with the undercover agent while Midgette followed in another vehicle. Tiggle and Midgette were subsequently arrested by law enforcement.
From the duffle bag, law enforcement recovered a 9 millimeter semi-automatic firearm, a .45 caliber semi-automatic pistol with an obliterated serial number, a black body armor vest, and 64 rounds of ammunition. From Tiggle and Midgette’s vehicle officers recovered three black hoodies, gloves and a black balaclava. A search warrant executed at Midgette’s residence also recovered digital scales, and drug packaging materials.
Sean Michael Midgette, age 33, of Upper Marlboro, Maryland, previously pleaded guilty and was sentenced to 101 months in prison.
United States Attorney Rod J. Rosenstein commended the ATF and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Special Assistant U.S. Attorney Matthew L. Paeffgen and Assistant U.S. Attorney Thomas M. Sullivan, who prosecuted the case.
22 Indicted for Racketeering and Fraud Emanating from Murphy VillageRead the Press Release
Contact Person: Nancy Wicker (803) 929-3000
Columbia, South Carolina ---- Acting United States Attorney Beth Drake stated today that Hannah Carroll, Rose M. Mulholland, Kim Mulholland, Caroline Sherlock, Catherine Carroll, Anthony Carroll, Johnny M. Sherlock, Mary Rita Sherlock, Jimmy Gorman, Leslie Gorman, Leslie Ann Sherlock, Jimmy J. Carroll, Mary Costello, Mary Gorman Carroll, Renee Carroll, Rose S. Mulholland, Susan Sherlock Tommy Sherlock, William Carroll, and Johnny Mack, all of North Augusta, South Carolina, and Leonard New and Angela Askew, of Augusta, Georgia; were charged in a 45 count Indictment for Racketeering (RICO) and other crimes related to their fraudulent schemes. According to allegations in the Indictment, the defendants operated out of Murphy Village near North Augusta and committed a number of fraudulent schemes in order to obtain life insurance benefits, food stamps, Medicaid funds, and fraud involving automobile financing.
The Indictment charges all defendants with RICO Conspiracy (18 U.S.C. § 1962), other counts in the Indictment name various defendants in counts charging Mail Fraud (18 U.S.C. § 1341), Wire Fraud (18 U.S.C. § 1343), Structuring monetary transactions to evade reporting requirements (31 U.S.C. § 5324), and Interstate Transportation of Stolen Items (18 U.S.C. § 2314).
The charge of RICO Conspiracy carries a maximum sentence of 20 years and a $250,000 fine; Mail and Wire Fraud each carry a maximum sentence of 20 years and a $250,000 fine; Structuring carries a maximum sentence of 5 years and a $250,000 fine; and the charge of Interstate Transportation of Stolen Items carries a maximum sentence of 20 years and a $250,000 fine. Additionally, these charges include a maximum term of supervised release following imprisonment of 3 years.
This long-term, multi-agency investigation included the Federal Bureau of Investigation; United States Marshal’s Service; United States Department of Agriculture Office of Inspector General; the Internal Revenue Service Criminal Investigative Division; the United States Postal Inspection Service; the South Carolina Attorney General’s Office Medicaid Fraud Control Unit; the South Carolina Department of Social Services; and is assigned to Assistant United States Attorneys Jim May and Jay Richardson from the Columbia Office and Rhett Dehart from the Charleston Office for prosecution.
The Acting United States Attorney stated that all charges in this indictment are merely accusations and that the defendants are presumed innocent until and unless proven guilty.
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Monday 15 August 2016
Waterloo Man Sentenced for Production and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Ronald T. Spoor, 52, of Waterloo, NY, who was convicted following a jury trial of production and possession of child pornography, was sentenced to 30 years in prison and 15 years supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorneys Bradley E. Tyler and Craig Gestring, who handled the prosecution of the case, stated that in December 2012, the New York State Police were alerted by officials at a school in Seneca County, NY, after minor students indicated they had been abused by Spoor. The defendant was interviewed by investigators and admitted to abusing two victims under the age of 10 years old. An investigation into the abuse allegations led State Police to execute a search warrant at the defendant’s Waterloo residence. Troopers seized computer hard drives, two pinhole cameras, and several flash drives. A forensic examination determined that four of the hard drives and a pinhole camera contained videos and images of child pornography including minor boys who had been videotaped by the defendant without their knowledge.
State Troopers notified the Department of Homeland Security for investigative support. Special Agents discovered that the pinhole camera had been installed by the defendant in a bathroom and used by the defendant to record minor children. The defendant also used a pinhole camera to surreptitiously record naked children in his camper. Agents conducted an interview with the defendant during the investigation. In that interview, Spoor admitted to using peer-to-peer software to search for child pornography online using specific search terms. Agents forensically recovered over 18,000 chargeable images involving children as young as toddlers being raped and sexually abused. Some of the material also included sadistic or masochistic images or images depicting violence.
In total, the federal investigation identified an additional three children, known to the defendant, who he victimized. During today’s sentencing, Judge Siragusa called the defendant “socially depraved and morally bankrupt.” He also referred to Spoor as a sexual predator. The federal sentence will run concurrent to Spoor’s state sentence of five years, which he got for performing fellatio on a child less than 10 years of age.
The conviction is the culmination of an investigation on the part of the New York State Police, under the direction of Major Craig Hanesworth and Immigration and Customs Enforcement, Homeland security Investigations, under the direction of Special Agent in Charge James C. Spero.
United States Announces Superfund Settlement to Protect Vital Drinking Water Source at the Fulton Avenue Superfund Site Located in Central Nassau County, New YorkRead the Press Release
Robert L. Capers, United States Attorney for the Eastern District of New York, and Judith A. Enck, Regional Administrator, United States Environmental Protection Agency (EPA) Region 2, today announced that Genesco Inc. has agreed to clean up contaminated drinking water at the Fulton Avenue Superfund Site (the Site) in the Towns of Hempstead and North Hempstead, New York. The settlement, which is valued at no less than $5.25 million, requires Genesco to ensure the operation and maintenance of water treatment and indoor air treatment systems at the Site, and to monitor groundwater and indoor air contamination at the Site. Genesco will also reimburse EPA for costs incurred in overseeing the work required by the settlement.
The settlement, which was entered on August 15, 2016 by the United States District Court for the Eastern District of New York, in an action brought against Genesco pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as the Superfund statute. The Superfund law protects human health and the environment while safeguarding taxpayer dollars by holding parties that contributed to contamination responsible for cleaning it up. Since 1980, EPA’s Superfund program has managed the cleanup of the nation’s high-priority hazardous sites and has responded to environmental emergencies, oil spills, and natural disasters.
The Site in this case includes a 0.8-acre commercial facility at 150 Fulton Avenue in Garden City Park, New York (the Fulton Property), which from approximately 1965 to 1974, contained a fabric-cutting mill that was owned or operated by Genesco. The mill cut and processed knitted fabrics, which were then dry-cleaned with tetrachloroethylene (commonly known as perc), which was disposed of into the environment during the mill’s operations. As a result of these past disposal practices, perc contaminated soil, air and groundwater at the Site. EPA has classified perc as likely to be carcinogenic to humans by all routes of exposure. Chronic (or long-term) exposure to perc can also cause adverse neurological effects, including impaired cognitive and motor neurobehavioral performance, and may also cause adverse effects in the kidney, liver, immune system, hematologic system, and on development and reproduction.
Groundwater contamination at the site and has impacted two public water supply wells, known as Garden City Water District wells 13 and 14. Currently, the groundwater entering those wells is treated using an air stripper installed and operated by the Village of Garden City, which forces air through groundwater to remove harmful chemicals, such as perc. The settlement requires, among other things, that Genesco continue the operation and maintenance of the existing treatment systems for the two wells until remedial goals are met. The settlement also requires Genesco to monitor contaminant levels in groundwater at the Site, and to pay EPA’s costs of evaluating chemical vapors that may enter buildings near the Fulton Property. The operation and maintenance of an existing sub-slab ventilation system at the Fulton Property will continue. EPA will oversee Genesco’s work, which implements the cleanup remedy selected in the agency’s 2015 Record of Decision Amendment for the Fulton Avenue Superfund Site.
“This settlement reinforces this Office’s firm commitment to eliminating the hazards posed by sites that threaten public health and safety,@ stated United States Attorney Capers. “We will continue to hold accountable those responsible for causing or contributing to hazardous substance sites.”
“Residents of Long Island rely on groundwater as their source of drinking water, so it is critical that groundwater resources be protected from toxic contamination,” said EPA Regional Administrator Enck. “The EPA will keep working to protect residents of Long Island from the threats of polluted groundwater.”
The settlement was subject to a 30-day public comment period during which no comments were received.
The lead government attorneys for this settlement are Assistant United States Attorney Robert B. Kambic and Assistant Regional Counsel Douglas L. Fischer of EPA.
Defendant:
GENESCO INC.
1415 Murfreesboro Pike, Nashville, TennesseeE.D.N.Y. Docket No. 09-CV-3917
UPS Employee Charged in Puerto Rico-Based Cocaine Distribution SchemeRead the Press Release
BOSTON – A UPS employee was charged in U.S. District Court in Boston in connection with shipping cocaine from Puerto Rico to Massachusetts.
Jorge Carrasquillo-Ortiz, 41, of Toa Baja, Puerto Rico, was charged in a criminal complaint unsealed today with attempted possession with intent to distribute and attempted distribution of 500 grams or more of cocaine. On Aug. 11, 2016, Carrasquillo-Ortiz was arrested in Puerto Rico and was detained following an initial appearance in the District of Puerto Rico.
According to court documents, in March 2016, Carrasquillo-Ortiz was working at United Parcel Service (UPS) in Puerto Rico. On multiple occasions, Carrasquillo-Ortiz accepted large amounts of cash in exchange for arranging for boxes containing multiple kilograms of cocaine to bypass security and be loaded directly onto the plane to Massachusetts.
In June 2016, a cooperating witness made numerous recorded calls to Carrasquillo-Ortiz to arrange for the shipment of six kilograms of cocaine from Puerto Rico to Massachusetts. An undercover officer in Puerto Rico then provided Carrasquillo-Ortiz with a box that contained six kilograms of “sham” cocaine. Carrasquillo-Ortiz allegedly shipped this box to Massachusetts, where it was seized by investigators.
The charging statute provides for a sentence of no greater than 40 years in prison, a minimum of four years and no greater than a lifetime of supervised release and a fine of up to $5 million. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police, made the announcement today. This case was jointly investigated with the DEA’s Caribbean Division. The case is being prosecuted by Assistant U.S. Attorney Eric Rosen of Ortiz’s Narcotics and Money Laundering Unit.
The details contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Summary of the Justice Forum in DetroitRead the Press Release
***Photos Below***
In the wake of the recent tragedies in Baton Rouge, Louisiana; Dallas; and St. Paul, Minnesota, Attorney General Loretta E. Lynch convened the first in a series of regional Justice Forums on Aug. 3, 2016, at Wayne State University in Detroit, with regional stakeholders from the law enforcement, youth, faith, non-profit and civil rights communities. The Attorney General, along with other department officials, hosted the Justice Forum to create a working group setting for local community leaders, youth advocates, law enforcement, and state and local officials to critically examine police-community issues in their respective cities and regions and seek solutions together. Attorney General Lynch was also joined by U.S. Attorney Barbara McQuade of the Eastern District of Michigan, U.S. Attorney Patrick Miles of the Western District of Michigan, Assistant Attorney General Karol Mason of the Office of Justice Programs, head of the Civil Rights Division Vanita Gupta, Director Ron Davis of the Office of Community Oriented Policing Services (COPS Office), and Director Paul Monteiro of the Community Relations Service (CRS).
“Law enforcement agencies cannot provide effective policing without the trust of the communities they serve,” said U.S. Attorney McQuade. “The Justice Forum in Detroit gave stakeholders a chance to hear different perspectives, explain the challenges they face, and gain a deeper understanding for how police and community can work together to improve public safety and advance the cause of justice.”
During the working meeting, community members and stakeholders proposed ideas related to training and education, officer safety and wellness, community engagement, positive police-community encounters, diversity, data collection, crisis response, resources, transparency and officer accountability. Many of the ideas focused on strengthening the community from the ground up by building stronger ties between law enforcement and the community – including training for officers and the public on mental health, wellness, and implicit bias; promoting diversity in police departments to reflect their communities; better funding for public education; devoting more resources to community policing efforts; and engaging media to capture positive examples of police-community interactions.
In addition to the various policy ideas raised at the Detroit Justice Forum, below are a few examples demonstrating specific ways in which the local Detroit, Flint and Dearborn communities are working collaboratively to strengthen police-community relations and engagement.
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Establish and support groups like ALPACT (Advocates and Leaders for Police and Community Trust), which bring together police and community stakeholders on regular basis to discuss police and community relations, promote community trust, and reduce tension. ALPACT has met on a regular basis for 15 years, and has provided a forum to discuss police-related shootings and other issues that test police and community relationships. The ongoing relationships between ALPACT members provide a trusting environment where tensions can be voiced and diffused.
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For youth, create programs like the Michigan State Police Youth Leadership Academy, where young people can be exposed to careers in law enforcement and get to know police officers at a personal level as mentors.
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Create more law enforcement-cultural awareness groups, similar to BRIDGES (Building Respect in Diverse Groups to Enhance Sensitivity), which is a partnership between law enforcement agencies and leaders in the Arab and Muslim American communities in the metro-Detroit region. BRIDGES meets quarterly to provide a forum to address issues of mutual concern and to foster better understanding on topics ranging from cultural sensitivity to hate crimes; from police and community relations to law enforcement policies and procedures.
The Justice Forum series will continue over the next several months in cities across the nation. And in the coming months, the Department of Justice will release a Justice Forum After-Action Report outlining the specific recommendations presented at the regional working group discussions. The After-Action Report will provide a rubric for other communities across the country that are seeking ways to help build sustained positive engagement between community members, law enforcement, elected officials and other local stakeholders.
Copied below is a list of invited organizations and speakers that presented at the Justice Forum in Detroit.
Speakers:
Attorney General Loretta E. Lynch
U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan
Congressman John Conyers Jr. of the 13th District of Michigan
Detroit Mayor Mike Duggan
Detroit Police Chief James Craig
Dearborn Chief Ronald Haddad
Flint Police Chief Tim Johnson
Presentation Leaders:
Rev. Wendell Anthony, Detroit NAACP
Prosecutor Kym Worthy, Wayne County
Community leader Eva Garza DeWaelsche, SER Metro
Darnell Blackburn, Michigan Commission on Law Enforcement Standards
Marcell Payton, NSO Youth Initiative and MBK-Detroit
Invited Organizations:
Michigan Commission on Law Enforcement Standards
Michigan Association Chiefs of Police
Skillman Foundation, My Brother’s Keeper Detroit
American-Arab Anti-Discrimination Committee (ADC)
NAACP Detroit
New Starlight Baptist Church
Arab American Civil Rights League
Black Lives Matter
Grosse Pointe NAACP
DLIVE Program
Anti-Defamation League
Hudson-Webber Foundation
LGBT Detroit
Greater Grace Temple
Downtown Detroit Partnership
Neighborhood Services Organization
Wayne State University Center for Peace, Conflict Studies
Detroit Hispanic Development Corp.
Michigan Roundtable Diversity/Inclusion
Congress of Communities
New Detroit
Macomb NAACP
Black Family Development
National Action Network
2nd Ebenezer Church
American Civil Liberties Union
Sinai Hospital Trauma Intervention
Equality Michigan
High School and College Students
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Seven Defendants Sentenced in Extensive Drug Trafficking and Identity Theft SchemesRead the Press Release
Seven defendants were sentenced for their participation in extensive identity theft and drug trafficking schemes.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Juan J. Perez, Director, Miami-Dade Police Department, and Dexter M. Williams, Chief, Miramar Police Department, made the announcement.
On August 12, 2016, Eddie Elistin, a/k/a “Horse,” a/k/a “Edith Elistin,” was sentenced to 72 months in prison, to be followed by three years of supervised release. On July 28, 2016, Michael Descolline, a/k/a “Fat Mike,” was sentenced to 30 months in prison, to be followed by three years of supervised release. On July 14, 2016, Odenia Samson, a/k/a “Pimp,” was sentenced to 122 months in prison, to be followed by five years of supervised release. On May 31, 2016, Ensi Prudent, a/k/a “Chuck,” was sentenced to 66 months in prison, to be followed by three years of supervised release. On May 16, 2016, Saintana Daniel was sentenced to 15 months in prison, to be followed by three years of supervised release. On July 14, 2016, Ingrinesia Mathis, a/k/a “Bri,” was sentenced to a year and a day in prison, to be followed by three years of supervised release.
Defendant Samson previously pled guilty to conspiring to possess cocaine and Ethylone with the intent to distribute, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and (b)(1)(C); possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(1)(A)(i); and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1).
Defendant Prudent previously pled guilty to possession of cocaine with the intent to distribute, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and (b)(l)(C); and possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(l)(A)(i). Defendant Daniel previously pled guilty to conspiring to possess with the intent to distribute cocaine, in violation of Title 21, United States Code, Sections 846(a)(1) and 841(b)(1)(C). Defendants Elistin, Descolline, and Mathis pled guilty to conspiring to possess fifteen or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(b)(2). Elistin and Descolline also previously pled guilty to one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1).
According to court documents, Samson sold narcotics to Prudent and Daniel, and Prudent also sold narcotics to other individuals for Samson. Samson and Prudent each possessed a firearm in furtherance of their drug trafficking crimes.
Court documents further indicate that during the execution of search warrants, law enforcement agents discovered more than 3,000 individual victims’ personal identification information (PII) including names, dates of birth, and Social Security numbers, at residences were Samson, Mathis, Elistin, and Descolline lived. Law enforcement agents also intercepted calls where Elistin and Samson discussed using the PII of victims and incarcerated individuals to receive fraudulent tax refunds.
Mr. Ferrer commended the investigative efforts of the FBI, IRS-CI, Miami-Dade Police Department, and Miramar Police Department. The case is being prosecuted by Assistant United States Attorney Jamie R. Garman.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Second Trafficker Convicted of Distributing Dangerous Counterfeit Viagra and CialisRead the Press Release
HOUSTON – A 47-year-old Pennsylvania man has entered a guilty plea to charges related to a conspiracy to traffic in counterfeit Viagra and Cialis and for smuggling, trafficking and introducing the misbranded prescription drugs into interstate commerce, announced U.S. Attorney Kenneth Magidson along with Acting Special Agent in Charge Charles L. Grinstead of the Food and Drug Administration - Office of Criminal Investigations (FDA-OCI) and Acting Special Agent in Charge Sean McElroy of Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
“The FDA regulates pharmaceuticals in the legitimate medical products supply chain to ensure that U.S. consumers have access to safe and effective medications,” said Grinstead. “Those who attempt to circumvent FDA’s regulation place the public’s health at risk. We will continue to defend the consumer’s right to medications that are safe, effective and properly labeled, rather than false, potentially harmful substitutes.”
Victor Lamar Coates, of Philadelphia, Pennsylvania, pleaded guilty to conspiring with convicted co-conspirator Martez Gurley, 41, of Napa, California, to traffic in counterfeit and misbranded Viagra and Cialis, and introducing those drugs in interstate commerce. Both drugs are prescription medications. Coates admitted to illegally distributing at least 10,288 counterfeit and misbranded tablets, including tablets he illegally imported directly from China. FDA, Eli Lilly and Company and Pfizer Inc. conducted testing on the counterfeit tablets which revealed the tablets did not contain the ingredients listed on the labeling. Some of the Viagra tablets contained the compound 2-MBT, an ingredient not part of authentic Viagra.
U.S. District Judge David Hittner accepted the plea today and set sentencing for Nov. 8, 2016. Gurley was convicted in June 2015 for his role in the conspiracy and is scheduling for sentencing Nov. 22, 2016.
Each faces up to five years in prison for the conspiracy and for introducing misbranded drugs into interstate commerce as well as up to three years for introducing misbranded drugs into commerce. FDA-OCI and HSI conducted the investigation. Assistant U.S. Attorney Julie Redlinger is prosecuting the case.
San Benito Man Arrested for Posing as LVNRead the Press Release
McALLEN, Texas ‐ A San Benito man falsely holding himself out as a Licensed Vocational Nurse (LVN) has been charged and arrested for aggravated identity theft and making false statements, announced U.S. Attorney Kenneth Magidson.
Juan Manuel Perez, 35, turned himself in to authorities today. He is expected to make his initial appearance before U.S. Magistrate Judge U.S. Magistrate Judge Dorina Ramos at 10:00 a.m. tomorrow.
According to charges, Perez obtained employment with Cleveland Health Care LLC in McAllen in January 2015, falsely claiming to be an LVN. Perez presented a license number, but it allegedly belonged to another individual of the same name. Perez is not licensed by the Texas Board of Nursing and is not a LVN, according to the criminal complaint.
The charges allege that Perez posed as an LVN, conducted patient home visits and provided medical services from January 2015 through July 2016 while employed with Cleveland Health Care.
The criminal complaint further alleges Perez had utilized the stolen identification to gain employment with various other area health care institutions including Harlingen Medical Center and Valley Baptist Medical Center.
If convicted of making false statements relating to health care matters, Perez faces up to five years in federal prison and a possible $250,000 maximum fine. The aggravated identity theft charge carries a mandatory two‐year additional prison term, upon conviction, which must be served consecutive to any other prison sentence.
The Department of Health and Human Services‐Office of Inspector General, FBI and Health and Human Services Commission conducted the investigation. Assistant U.S. Attorneys Andrew Swartz and Michael Day are prosecuting the case.
A criminal complaint is an accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.
Roaming Shores man sentenced to 21 years in prison for drug and firearms crimesRead the Press Release
A Roaming Shores man was sentenced to more than 21 years in prison for federal drug and firearm crimes, law enforcement officials said.
James E. Brooks, 41, was previously found guilty in U.S. District Court on six counts, including distribution of heroin and crack cocaine, possession a firearm during a drug trafficking crime and being a felon in possession of firearms and ammunition.
Brooks still has charges pending in state court related to the death of Alesha Bell.
Brooks distributed crack cocaine and heroin in August 2015, and possessed a firearm during those crimes, according to court documents.
On August 20, 2015, Brooks possessed a Walther, model P22, .22 Caliber Pistol; a Winchester, model 50, 12 gauge shotgun; and a Winchester, model 120, 12 gauge shotgun, despite previous felony convictions including drug abuse, burglary, aggravated robbery with a firearm specification, felonious assault, escape, and felonious assault with a firearm specification, all in the Trumbull County Court of Common Pleas, according to court documents.
“This defendant has spent most of his adult life terrorizing people,” U.S. Attorney Carole Rendon said. “This long prison sentence is appropriate given this defendant’s actions.”
“I would like to recognize the dedicated work of the TAG Task Force, the Ashtabula County Sheriff’s Office, and the Ashtabula County Prosecutor’s Office,” Acting ATF Special Agent in Charge Brad Earman said. “Cooperation with our law enforcement partners multiplies our efforts to remove violent criminals from the streets and make our communities safer.”
“I very much appreciate the cooperative partnership that exists between my office and the US Attorney’s Office, along with the various state and federal law enforcement agencies,” said Ashtabula County Prosecutor Nicholas M. Iarocci. “This case is a perfect example of such partnership, as the charges were divided and coordinated in such a way so as to maximize the amount of incarceration which Mr. Brooks could receive. A number of serious charges remain pending in the Ashtabula County Common Pleas Court against Mr. Brooks involving the death of Alesha Bell, including involuntary manslaughter, human trafficking, kidnapping, tampering with evidence, compelling prostitution and gross abuse of corpse, along with several drug possession charges.”
This case is being prosecuted by Assistant U.S. Attorney Jason M. Katz following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ashtabula County Sheriff’s Office, the Warren Police Department, the Ohio State Highway Patrol, Ohio BCI&I and the TAG Law Enforcement Task Force.
Registered Sex Offender Sentenced for Sexual Exploitation of a TeenRead the Press Release
BOSTON – A registered sex offender was sentenced today in U.S. District Court in Springfield in connection with persuading a 16-year-old boy to travel to New York to engage in sexual activity.
Ronald S. Brown, 53, of Williamstown, Mass., was sentenced by U.S. District Court Judge Mark G. Mastroianni to 15 years in prison and 10 years of supervised release. In November 2015, he pleaded guilty to one count of interstate travel with intent to engage in illicit sexual conduct with a minor and one count of possession of material involving the sexual exploitation of minors.
Brown, a registered sex offender based upon a prior conviction for a sexual assault of a 14 year-old, engaged in thousands of online interactions with a 16-year-old boy between Dec. 27, 2012 and Jan. 19, 2013, to persuade him to run away from his Midwestern home to engage in sexual activity. On Jan. 7, 2013, Brown sent the boy a one-way ticket to fly to Newark International Airport in New Jersey, and on Jan. 19, 2013, Brown picked the boy up at the Newark airport, and then transported him to New York to engage in sex. On three separate dates, Brown also sexually exploited the teenager by producing visual images of the minor engaging in lewd and lascivious conduct.
The boy was recovered in New York after his mother alerted police that her son was missing and believed to be meeting with Brown. During an interview on Jan. 20, 2013, Brown falsely told a federal agent that he believed the child to be 18 years old.
United States Attorney Carmen M. Ortiz and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. The case was investigated with assistance from the Massachusetts State Police, the Williamstown Police Department and the New York State Police. It was prosecuted by Assistant U.S. Attorney Steven H. Breslow of Ortiz's Springfield Branch Office.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Portland Man Sentenced to 14 Years for Robbing Five Financial InstitutionsRead the Press Release
Contact: James W. Chapman, Jr.
Assistant United States Attorney
Tel. (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II, announced that Jimmy Odong, 26, of Portland was sentenced today in U.S. District Court by Chief Judge Nancy Torresen to 14 years in prison for robbing three credit unions and two banks in 2015. He was also order to pay $26,790 in restitution. The charges arose from the robberies of University Credit Union in Portland on May 14, 2015; TruChoice Federal Credit Union in Portland on May 26, 2015; CPort Credit Union and Bank of America, both in Portland, on June 19, 2015; and Key Bank in Freeport, Maine, on July 17, 2015.
In the robberies, Odong was captured on bank security cameras wearing a hat or wig that partially disguised his appearance, he demanded cash from tellers, and he brandished what appeared to be a gray or black semiautomatic handgun. Odong has been in custody since July 23, 2015, when the FBI and Portland Police arrested him in Portland for the Key Bank robbery after a partial palm print of Odong was recovered from a stolen vehicle he used in the robbery.
Before imposing sentence, Chief Judge Torresen stated that bank robberies such as the ones committed by Odong are extremely serious offenses, especially when a weapon is brandished. She stated that the tellers and the customers often suffer emotional trauma that continues well beyond the date of the crime. Judge Torresen also told Odong that his crimes affected the entire banking industry in this area because no bank felt safe.
The investigation was conducted by Federal Bureau of Investigation (“FBI”); the Freeport, Portland and Brunswick Police Departments; the Maine State Police; and the Southern Maine Gang Task Force comprised of agents and officers from the FBI; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Drug Enforcement Administration; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and the Portland, South Portland, Lewiston and Biddeford Police Departments. U.S. Attorney Delahanty praised the cooperation among these law enforcement agencies noting that “these bank robberies were quickly solved because local, state, and federal law enforcement agencies worked closely together.”
Oak Brook Doctor Sentenced to Two Years in Prison in Connection with Kickback Scheme at Sacred Heart HospitalRead the Press Release
CHICAGO — A federal judge sentenced an Oak Brook doctor to two years in prison for illegally receiving benefits in exchange for referring elderly patients to Sacred Heart Hospital on Chicago’s West Side.
DR. VENKATESWARA R. “V.R.” KUCHIPUDI was convicted in March on one count of conspiracy to defraud the United States, and nine counts of illegally soliciting or receiving benefits in return for referrals of patients covered under a federal health care program.
U.S. District Judge Matthew F. Kennelly imposed the sentence Friday in federal court in Chicago.
“Medical professionals of every kind must know that patient need should be the only factor influencing decisions concerning patient care,” Assistant U.S. Attorney Joel M. Hammerman argued in the government’s sentencing memorandum. “Patients are not commodities to be bartered or monetized.”
Dr. Kuchipudi, 69, was one of ten defendants convicted in the multi-year investigation of the now-shuttered hospital at 3240 W. Franklin Blvd. in Chicago. From 2001 through April 2013, Sacred Heart executives conspired to pay kickbacks and bribes to physicians to induce them to refer patients for services that would be reimbursed by Medicare and Medicaid. The scheme earned Sacred Heart millions of dollars in reimbursements from Medicare and Medicaid.
The prior convictions include EDWARD NOVAK, the hospital’s owner and chief executive officer; ROY PAYAWAL, the chief financial officer; CLARENCE NAGELVOORT and ANTHONY J. PUORRO, chief operating officers; and four other physicians. Sacred Heart closed in 2013 in the aftermath of a federal law enforcement search of the hospital and the arrests of principal executives and Dr. Kuchipudi.
The investigation was carried out by the Medicare Fraud Strike Force, which is part of the Health Care Fraud Prevention & Enforcement Action Team, a joint initiative between the U.S. Justice Department and the U.S. Department of Health and Human Services to prevent fraud and to enforce anti-fraud laws around the country. Dozens of defendants have been charged in numerous fraud cases since the strike force began operating in Chicago in 2011.
Evidence at Dr. Kuchipudi’s five-week trial revealed that he was one of Sacred Heart’s most prolific sources of patient referrals. In exchange for his referrals, Sacred Heart provided Dr. Kuchipudi with free labor in the form of a physician, physician assistants and nurse practitioners. The free labor was provided not only inside Sacred Heart but also in Chicago-area nursing homes where many of Dr. Kuchipudi’s patients resided. Sacred Heart allowed Dr. Kuchipudi to bill Medicare and Medicaid for the services of the physician assistants and nurse practitioners as if he employed them himself.
The conviction was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Lamont Pugh III, Special Agent-in-Charge of the Chicago Region of the U.S. Department of Health and Human Services Office of Inspector General; and Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation.
The government is represented by Mr. Hammerman and Assistant U.S. Attorneys Diane MacArthur, Kelly Greening and Brian Wallach.
North Park Gang Member Sentenced to 11 years in Prison for His Leadership Role in a Racketeering Conspiracy Involving Sex Trafficking and ProstitutionRead the Press Release
NEWS RELEASE SUMMARY – August 15, 2016
Assistant U.S. Attorneys Alessandra P. Serano (619) 546-8104 or Joseph J.M. Orabona (619) 546-7951
SAN DIEGO, CA – A member of the Black Mob/Skanless Enterprise, which consisted of two North Park-based criminal street gangs, was sentenced to 11 years in prison today for his leadership role in a racketeering enterprise involving sex trafficking of minors and adults as well as assault and robbery.
Aaron Dwayne Pittman, aka “Q-Tip” or “Lil’ Q-Tip,” acting as a pimp, supervised, managed, and maintained adult females as they engaged in prostitution in San Diego, Phoenix, Orlando, Honolulu, and other cities throughout the United States. He was sentenced on the charge of RICO conspiracy before U.S. District Court Judge John A. Houston.
As detailed in his plea agreement, Pittman, a member of the Black Mob criminal street gang, conspired with other members of the Black Mob/Skanless Enterprise from at least the late 1990s through December 2013 to engage in a pattern of racketeering activities, including sex trafficking, robbery, and assault, in San Diego County and elsewhere in the United States. In carrying out the conspiracy, Pittman purchased flights, posted online ads, and promoted prostitution of females working for him – which Pittman referred to as “Team Tip.” As part of the conspiracy, Pittman admitted he robbed one of his prostitutes and forcefully assaulted another individual outside of a night club in San Diego. Pittman also admitted that the Black Mob/Skanless Enterprise enriched its members through recruiting and maintaining minor and adult females to work as prostitutes.
In imposing the 11-year sentence, Judge Houston stated that Pittman’s conduct was “not victimless criminal activity.” Judge Houston also noted that Pittman made a “lavish living out of pimping” and that Pittman had “little regard for the women who [he] controlled.” In addition to sentencing Pittman to 11 years in prison, Judge Houston also ordered the forfeiture of several vehicles, computers, other electronic devices, and pimp-related paraphernalia (i.e., ornate cups known as “pimp cups” which are commonly possessed by pimps as symbols of their status). Following his release from prison, Pittman will be placed on three years of supervised release.
“Sex trafficking is a crime that has long-lasting and devastating effects on the women and girls who are controlled by pimps like Mr. Pittman,” said U.S. Attorney Laura Duffy. “The 11-year sentence imposed for one of the leaders of the Black Mob criminal street gang demonstrates the seriousness of this crime and will hopefully deter other criminal street gangs from engaging in such activity.”
“This sentence sends a message that lives are not to be bought and sold,” said FBI Special Agent in Charge Eric S. Birnbaum. “The FBI, along with our partners, work tirelessly to rescue those forced into this modern day slavery and hold accountable those who wish to profit from the abuse of others. If you have information about human trafficking, we urge you to contact the Child Exploitation Task Force/San Diego FBI at 858-320-1800; or the National Human Trafficking Resource Center at 1-888-373-7888.”
The federal racketeering statute known as “RICO” historically has been used to prosecute mobsters and organized crime, but federal prosecutors have been using the statute on street gangs in recent years because the gangs are increasingly acting as organized criminal enterprises especially in sex trafficking and prostitution.
This case was the result of the collaborative work by the Federal Bureau of Investigation’s Child Exploitation Task Force and the San Diego Police Department.
DEFENDANT Criminal Case No. 13CR4510-JAH
Aaron Dwayne Pittman (1) Age: 34 San Diego, CA
aka “Q-Tip,” “Lil’ Q-Tip”
SUMMARY OF CHARGES THAT DEFENDANT VEGA PLEADED GUILTY TO:
Count 1 – Title 18, United States Code, Section 1962(d) B Conspiracy to Conduct Enterprise Affairs Through a Pattern of Racketeering Activity
Maximum penalties: 20 years in prison, $250,000 fine, 3 years of supervised release.
INVESTIGATING AGENCIES
Federal Bureau of Investigation
San Diego Police Department
Nitro meth dealer pleads guilty to Federal drug crimeRead the Press Release
CHARLESTON, W.Va. – A Nitro man pleaded guilty today to a federal methamphetamine charge, announced United States Attorney Carol Casto. Shawn Keathley, 26, entered his guilty plea to distribution of methamphetamine.
Keathley admitted that on March 20, 2014, he sold methamphetamine to a confidential informant working with the Metropolitan Drug Enforcement Network Team. The drug deal took place in the parking lot of a restaurant in Cross Lanes. Keathley further admitted to having distributed methamphetamine for approximately five months in the Nitro area.
Keathley faces up to 20 years in federal prison when he is sentenced on November 30, 2016.
The Metropolitan Drug Enforcement Network Team, the Kanawha County Sheriff’s Department, and the West Virginia State Police conducted the investigation. Assistant United States Attorney John J. Frail is responsible for the prosecution. The plea hearing was held before United States District Judge Thomas E. Johnston.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Milwaukie Man Sentenced to Prison for Stealing from his Disabled CousinRead the Press Release
PORTLAND, Ore. – The former legal guardian for his cognitively disabled cousin, was sentenced to 30 months’ imprisonment for stealing more than $570,000 in annuity payments that were intended for the cousin’s care. Michael R. Braun, 68, was sentenced by U.S. District Court Judge Anna Brown on Monday for his commission of wire fraud that was ongoing for more than 22 years. Braun was also ordered to pay $573,604 restitution and serve a three-year term of supervised release.
According to court records, prior to 1984, Braun’s cognitively-disabled cousin, A.M., was residing with his parents in California. A.M.’s father was a retired Navy commander, and had purchased an annuity through the Defense Finance and Accounting Services (DFAS) on behalf of A.M. in the event of the father’s death. In 1984, when A.M. was 22 years-old, both of A.M.’s parents died within a few months of each other. Braun, then 37 years old, was appointed as the legal guardian of A.M., and brought A.M. to Oregon. As A.M.’s legal guardian, Braun became the recipient of the DFAS annuity payments on A.M.’s behalf, and was required to use the payments for A.M.’s care, and to notify DFAS if he was no longer A.M.’s guardian.
Shortly after bringing A.M. to Oregon in 1984, defendant placed A.M. in the Fairview Training Center, and defendant thereafter had limited contact with him. Social service notes from 1984 state that "The Brauns are [A.M.’s] only family and are very concerned and active people." Case-worker notes in 1989 state that Braun had not been very involved with A.M.
In 1990, Braun was discharged as A.M.’s guardian by the Circuit Court of Washington County; however, Braun failed to notify DFAS that he had been removed as A.M.’s legal guardian. Between January 1990 and February 2013, Braun submitted a Certificate of Eligibility to DFAS each year certifying he was A.M.’s legal guardian, when in fact he knew he was not and knew he was not using the annuity payments for A.M.’s care. Additionally, in 1998, Braun directed DFAS to deposit A.M.’s annuity payments directly into Braun’s bank account. As a result of Braun’s repeated false statements and concealments, DFAS continued to deposit A.M.’s annuity payments each month into Braun’s own bank account, with the payments ranging from $1,500 to $2,700.
Between January 1990 and December 2012, Braun received $573,604 in annuity payments which he converted to his own use.
A.M. has resided in residential facilities for the past 30 years with only Social Security benefits as income.
According to court records, A.M.’s current guardian was alerted to the fraud when A.M. received a notice from the Internal Revenue Service advising A.M. that taxes were owed on A.M.’s income. After further inquiry, the guardian learned of the substantial annuity payments that A.M. had not received and notified police.
Braun pleaded guilty to the theft in March and argued for a probationary sentence with home detention.
In its court filings, the government argued for a prison sentence, stating that Braun’s criminal conduct was ongoing for more than 22 years, and that since his guardianship of A.M. was terminated in 1990, he had stolen his cousin’s benefits more than 250 times as he repeatedly converted A.M.’s funds to his own use each month. The government further argued that Braun had taken advantage of his cousin’s vulnerability and inability to communicate while betraying the trust of his cousin, uncle, and DFAS.
The government further stated "one of a parent’s greatest fears is whether a surviving child will be properly cared for in the event of the parent’s death. Defendant’s uncle took great measures to ensure that his son – who would require life-long care – had sufficient funds and a trusted family member to care for him. In return, defendant abandoned his cousin financially as well as emotionally, at a time when A.M. had no other family to care for him."
During the sentencing proceedings, the court heard from A.M.’s current Guardian Care Manager who stated he was saddened by the many missed possibilities for A.M. because of his limited resources, and questioned the quality of life A.M. could have had if he had received the funds that were intended for his special needs.
While imposing the sentence, Judge Brown described the repetitive nature of the offense and stated that she had "not seen anything comparable" to Braun’s fraud during her years as a judge and seeing many fraudulent schemes. Judge Brown also stated that the extraordinary breach of trust warranted a prison sentence, and that a probationary sentence would not reflect the seriousness of the offense.
The case was investigated by the Washington County Sheriff’s Office, and prosecuted by Special Assistant United States Attorney Helen Cooper as part of a partnership venture between the Seattle Region, SSA Office of the General Counsel and the U.S. Attorney’s Office in Portland, Oregon.
Miami-Dade Resident Convicted of Illegally Possessing Ammunition After Shooting at the Liberty Square Housing ComplexRead the Press Release
A Miami-Dade resident was convicted by a jury in federal court for being a felon in possession of ammunition, after he shot an AK-47 firearm in the Liberty Square Housing Complex.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Division, and Rodolfo Llanes, Chief, City of Miami Police Department (MPD), made the announcement.
Willie Wilcher, 35, of Miami, was convicted after a three-day trial for being a felon in possession of ammunition and is scheduled to be sentenced before U.S. District Judge Donald M. Middlebrooks on October 11, 2016.
According to evidence presented at trial, on the afternoon of December 29, 2015, Wilcher walked into a convenience store in Liberty City with an AK-47 and was caught on video threatening to kill other individuals. Wilcher then left the store, got into his car, and drove across the street to the Liberty Square Housing Complex and immediately began shooting the firearm. Two nearby officers heard the gunshots and rushed to the scene, where law enforcement recovered multiple types of ammunition, including six 7.62 x 39 mm (AK47) shell casings in the road, and Wilcher’s car, which had crashed after knocking down a cement electrical pole. Officers also observed several bullet holes in the passenger side door and rear window of Wicher’s car, consistent with shots being fired from inside the vehicle. Fortunately, no one was injured during the shooting.
A subsequent investigation revealed that, when Wilcher exited his vehicle and fled the scene, he left behind a rental receipt in his sister’s name, a parcel addressed to him, his iPhone with his fingerprint, and his fingerprints on the driver’s side door of the car. He also left behind eleven 7.62 x 39 mm (AK47) shell casings in the vehicle. Wilcher was previously convicted of a felony and was not legally permitted to possess the recovered ammunition.
Mr. Ferrer commended the investigative efforts of the FBI and MPD. Mr. Ferrer also thanked the Miami Dade Police Department for their assistance in this matter. This case is being prosecuted by Assistant U.S. Attorneys Miesha Shonta Darrough and Jonathan Kent Osborne.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Miami Man Pleads Guilty to Fraud Charges for Role in $4.2 Million Home Health Care SchemeRead the Press Release
A Miami man pleaded guilty today to charges related to his role in a $4.2 million home health care fraud scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office and Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Miami Regional Office made the announcement.
Ramon Collado Gonzalez, 56, pleaded guilty to one count of conspiracy to defraud the United States and make false statements in connection with a federal health care benefit program before U.S. District Judge Joan A. Lenard of the Southern District of Florida. Sentencing has been scheduled for Oct. 24, 2016.
As part of his guilty plea, Collado Gonzalez admitted that in approximately March 2014, he was recruited by Mildrey Gonzalez and Milka Alfaro, the owners of Golden Home Health Care Inc. (Golden), a home health care agency in Miami, to falsely and fraudulently represent himself to be Golden’s owner. Collado Gonzalez further admitted that in return for hiding Mildrey Gonzalez’s and Alfaro’s ownership interests, he received a monthly payment and periodic bonuses from them, despite the fact that he did not do any actual work for Golden. Instead, he simply signed Medicare applications and other documents for the purpose of facilitating submission of claims to Medicare and concealing Mildrey Gonzalez’s and Alfaro’s ownership interests, he admitted.
According to admissions made as part of the defendant’s plea, Golden received approximately $4.2 million from Medicare as a result of false and fraudulent claims submitted during the time Collado Gonzalez served as its nominee owner.
In June 2016, Mildrey Gonzalez and Alfaro were separately charged in an indictment with conspiracy to commit health care fraud, health care fraud, conspiracy to defraud the United States and pay health care kickbacks, conspiracy to commit money laundering and money laundering, among other charges.
An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The FBI and HHS-OIG investigated the case, which was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. Fraud Section Trial Attorneys L. Rush Atkinson and Lisa H. Miller are prosecuting the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,900 defendants who have collectively billed the Medicare program for more than $10 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Massac County Man Sentenced for Methamphetamine OffenseRead the Press Release
On August 10, 2016, Brandon L. Watson, a/k/a "Dubb," 29, of Metropolis, was sentenced for his involvement in a methamphetamine offense, the United States Attorney for the Southern District of Illinois, Donald S. Boyce, announced today.
Watson, who had previously pled guilty to a one-count superseding indictment charging conspiracy to distribute more than 50 grams of methamphetamine, was sentenced to 151 months’ imprisonment, 4 years’ supervised release, and was fined $200.00. The offense occurred between May 2015 and October 26, 2015, in Williamson and Massac Counties. Evidence at the plea and sentencing hearings established that Watson was involved with co-defendant Gary Skinner and others in distributing methamphetamine, in the form of "ice." Ice is methamphetamine which has a purity level of at least 80%. Skinner, who was residing in St. Louis, was delivering multi-ounce amounts of ice to Watson for distribution in the Metropolis area. On October 26, 2015, Skinner’s vehicle was stopped on I-57 in Williamson County for a traffic violation. During a vehicle search, officers located over 200 grams of ice, which Skinner was going to deliver to Watson. Later laboratory analysis confirmed that the ice had purity levels between 98% - 100%. At sentencing, the district court determined that Watson was responsible for the distribution of more than 907 grams of ice. Skinner has pled guilty to his role in the methamphetamine conspiracy and is currently being held without bond pending an August 24, 2016, sentencing hearing.
The investigation was conducted by the Southern Illinois Enforcement Group, Illinois State Police, and Drug Enforcement Administration. The Massac County States Attorney’s Office also assisted in the investigation.
Mammoth Lakes Doctor Pleads Guilty to Removing Archeological ResourcesRead the Press Release
FRESNO, Calif. — Jonathan Cornelius Bourne, 59, of Mammoth Lakes, pleaded guilty today to unauthorized transportation of archeological resources and unauthorized excavation, removal, damage, or defacement of archeological resources, Acting U.S. Attorney Phillip A. Talbert announced.
On September 17, 2015, a federal grand jury returned an indictment against Bourne, charging him with violations of the Archeological Resources Protection Act. Bourne had been collecting artifacts and archeological resources since 1994. He documented each item and has voluntarily turned over to the government an estimated 20,000 archeological items that he had collected from public lands. Bourne has agreed to pay $249,372 in restitution to the United States.
According to the plea agreement, on October 14, 2010, Bourne altered a small prehistoric site, cremation site, and burial cairns in the Humboldt-Toiyabe National Forest in Nevada. He removed glass trade beads and transported them to his home in Mammoth. On January 10, 2011, Bourne altered a large prehistoric site in Death Valley National Park and removed a tool made from a bighorn sheep horn and three incised stone tablets, which were found in Bourne’s home.
This case is the product of an investigation by the United States Forest Service, the National Park Service, and the Bureau of Land Management. Assistant United States Attorney Laurel J. Montoya is prosecuting the case.
Bourne is scheduled to be sentenced on November 7, 2016, by U.S. District Court Judge Lawrence J. O’Neill. Bourne faces a maximum statutory penalty of two years in prison and a $20,000 fine for each count. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Justice Department Settles Immigration-Related Discrimination Claim Against San Diego Staffing CompanyRead the Press Release
The Justice Department reached an agreement today with TEG Staffing Inc., also known as Eastridge Workforce Solutions, a temporary staffing agency headquartered in San Diego, to resolve allegations that their Mira Mesa, California, office discriminated against work-authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA).
The department’s investigation found that from at least March 2014 until at least September 2015, Eastridge had a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes. In contrast, Eastridge allowed U.S. citizens to present whichever valid documents they wanted to present to prove their work authorization. Under the INA, all workers, including non-U.S. citizens, must be allowed to choose whichever valid documentation they would like to present from the Lists of Acceptable Documents to prove their work authorization, such as a driver’s license and unrestricted Social Security card. It is unlawful for an employer to limit employees’ choice of documentation because of their citizenship or immigration status.
Under the terms of the settlement agreement, Eastridge will pay $175,000 in civil penalties, and among other provisions, will undergo department monitoring and review of its processes for verifying the work authorization of newly hired employees.
“Staffing agencies and employers must comply with federal law to ensure they don’t discriminate against lawful, authorized U.S. workers,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department's Civil Rights Division. “Workers who get a job through a staffing agency should not confront unfair and unlawful barriers to joining the workforce and contributing to our economy.”
The Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. The law prohibits, among other things, citizenship, immigration status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices in employment eligibility verification; retaliation and intimidation.
This matter was handled by Equal Opportunity Specialists Tran-Chau Le and Abigail Olson, and Senior Trial Attorney Liza Zamd of the OSC.
To learn more about the protections against employment discrimination under immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar at www.justice.gov/crt/about/osc/webinars.php; email [email protected] or visit OSC’s website at www.justice.gov/crt/about/osc.
Applicants or employees who believe they have been subjected to different documentary requirements based on their citizenship, immigration status or national origin; or discrimination based on their citizenship, immigration status or national origin in hiring, firing or recruitment or referral, should contact OSC’s worker hotline for assistance.
Eastridge Settlement
Justice Department Files Lawsuit Against United Airlines for Violating Employment Rights of U.S. Air Force ReservistRead the Press Release
WASHINGTON – The Justice Department filed a complaint today alleging that United Airlines Inc. violated the employment rights of U.S. Air Force Reservist Lieutenant Colonel Daniel Fandrei under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
According to the complaint, United violated USERRA by denying Fandrei employment benefits during his military leave that it grants to other employees for similar types of leave. Specifically, the complaint alleges that United failed to credit Fandrei with sick leave for his active duty deployment in 2012 and 2013. During that time, Fandrei was mobilized as a KC-10 pilot in Southwest Asia. Fandrei served his country as part of the Air Force from 1990 until 2016.
“Individuals who serve bravely in our armed forces should be treated fairly by their employers while they are actively deployed,” said Principal Deputy Associate Attorney General Bill Baer. “Through the department’s newly-created Servicemembers and Veterans Initiative, we will continue to build on our strong ties with federal partners and continue using every tool at our disposal to protect the rights of the men and women who serve in our armed forces.”
“USERRA ensures that servicemembers like Lt. Col. Fandrei who answer our nation’s call to duty don’t return to civilian life and find their employment benefits denied and their civil rights violated,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The Department of Justice will continue to vigorously enforce the law to safeguard the rights of those who defend our country and protect our freedom.”
“Lt. Col. Fandrei has made many sacrifices to serve our nation honorably, including spending months away from his job and family,” said U.S. Attorney Zachary T. Fardon of the Northern District of Illinois. “When our servicemembers are deployed in the service of our country, they are entitled to retain their civilian employment and benefits, and to the protections of federal law that prevent them from being subject to discrimination based upon their military obligations.”
The lawsuit filed by the United States seeks damages equal to the amount of Fandrei’s lost benefits caused by United’s failure to comply with USERRA. It also seeks an order requiring United to comply with all provisions of USERRA.
USERRA protects the rights of uniformed servicemembers to retain their civilian employment prior to, during and following absences due to military service obligations, and provides that servicemembers shall not be discriminated against because of their military obligations. Under USERRA, the department has authority to represent a servicemember if the department is satisfied that the servicemember is entitled to the rights or benefits being sought.
Fandrei initially filed a complaint with the Department of Labor’s Veterans’ Employment and Training Service, which investigated this matter and, after resolution failed, referred it to the Justice Department’s Civil Rights Division. This lawsuit followed as a collaborative initiative between the Civil Rights Division and the U.S. Attorney’s Office of the Northern District of Illinois. The Justice Department has prioritized the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the department’s websites at www.usdoj.gov/crt/emp and www.servicemembers.gov, as well as on the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm.
Complaint