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Monday 3 November 2014
Former Norwalk Resident Admits Stealing $150,000 Through Investment Fraud SchemeRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that PATRICK CASTAGNA, 55, of Sarasota, Fla., formerly of Norwalk, waived his right to indictment and pleaded guilty today before U.S. District Judge Janet Bond Arterton in New Haven to one count of wire fraud stemming from an investment fraud scheme.
According to court documents and statements made in court, in February 2011, CASTAGNA offered an individual a purported investment opportunity in a telecommunications company. The individual gave CASTAGNA $150,000 to invest based on CASTAGNA’s representations and wired $150,000 to a bank account controlled by CASTAGNA. CASTAGNA did not invest the money as promised, but rather used the money for his own personal expenses. Between February and September 2011, CASTAGNA made misrepresentations to the victim concerning the purported investment.
Judge Arterton scheduled sentencing for February 4, 2015, at which time CASTAGNA faces a maximum term of imprisonment of 20 years.
This matter was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Christopher M. Mattei.
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[email protected]Former Medical Director for Horizons Hospice Pleads Guilty to Health Care Fraud ChargeRead the Press Release
PITTSBURGH - A former resident of Washington County pleaded guilty in federal court to a charge of health care fraud, United States Attorney David J. Hickton announced today.
Oliver W. Herndon, 43, pleaded guilty to one count before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that Herndon was the medical director for Horizons Hospice, LLC. In that position, he defrauded Medicare and Medicaid by falsely certifying that patients were appropriate for hospice care.
Judge Schwab scheduled sentencing for July 14, 2015 at 9:30 a.m. The law provides for a total sentence of not more than 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Robert S. Cessar and Senior Deputy Attorney General Jeffrey Baxter are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Health and Human Services – Office of Inspector General and the Medicaid Fraud Control Section of the Office of Attorney General conducted the investigation that led to the prosecution of Oliver W. Herndon.
Former Kern County Woman Pleads Guilty to Stealing Social Security BenefitsRead the Press Release
FRESNO, Calif. —Rosaura M. Tinajero, 57, of Omaha, Nebraska, formerly of Wasco, California, pleaded guilty today to theft of Social Security benefits, United States Attorney Benjamin B. Wagner announced today.
According to court documents, Tinajero’s mother, a Social Security benefits recipient died in 1987. The Social Security Administration was not notified of her death and distribution of benefits continued until June 2009. From March 1995 through June 2009, Tinajero obtained more than $148,000 in benefits meant for her deceased mother via check and direct deposit, and she personally used the money knowing that she was not entitled to the benefits.
This case is the product of an investigation by the Social Security Administration, Office of Inspector General and the United States Secret Service. Assistant United States Attorney Henry Z. Carbajal III is prosecuting the case.
Tinajero is scheduled to be sentenced by United States District Judge Lawrence J. O'Neill on January 26, 2015. Tinajero faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Former KC Woman Indicted for Fraud Scheme to Steal Victim's Lottery WinningsRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a former Kansas City, Mo., woman has been indicted by a federal grand jury for a fraud scheme in which she stole $480,000 in lottery winnings from her victim as part of a scheme that resulted in a total loss of more than $640,000.
Freya Pearson, 41, of Georgia, formerly of Kansas City, was charged in a nine-count indictment returned under seal by a federal grand jury in Kansas City, Mo., on Tuesday, Oct. 28, 2014. The indictment was unsealed and made public today upon Pearson’s initial court appearance.
The federal indictment alleges that Pearson convinced her 60-year-old victim to transfer $480,000 into the bank account of an organization called Recidivism at Work (RAW), a nonprofit entity Pearson had recently established. This victim, the indictment says, had won $2 million in the Missouri Lottery in 2008 and, after purchasing two houses, established an annuity to provide approximately $30,000 per year for the rest of her life.
Pearson allegedly instructed the victim to withdraw her lottery winnings from the annuity account. The victim made three wire transfers in April, May and June 2010 to deposit the funds into Pearson’s RAW checking account. Whether the money was an investment or a business loan, the indictment says, Pearson materially omitted to disclose to the victim that she would use the money to gamble and for her own personal expenses. Pearson allegedly used the $480,000 to gamble, travel, buy cars, clothes, and furniture, and pay rent while she lived in the St. Louis, Mo., metropolitan area. According to the indictment, no identifiable money was used for the nonprofit entity, nor for any business purpose.
When she met the victim in 2010, according to the indictment, Pearson was unemployed and her only income came from child support and Social Security benefits for one of her children. In March 2010, Pearson began to receive federal housing benefits for a residence in Kansas City, Mo. The Section 8 program assists low-income families with housing by paying most or all the beneficiary’s rent. She received a total of $76,837 in federal housing benefits over four years. In 2011, Pearson also began receiving welfare and/or food stamp benefits.
According to the indictment, Pearson filed for Chapter 7 bankruptcy protection on Dec. 2, 2010, but did not disclose the RAW bank accounts, which had total balances of $56,506. Pearson received a discharge of her debts on March 15, 2011.
Pearson allegedly made random payments totaling $38,170 to the victim, using the victim’s own money, before stopping entirely in August 2011. Pearson filed no tax return for tax year 2010, the indictment alleges, and thus did not pay income taxes of $122,000 that would have been due on the $441,830 of taxable income Pearson received as a result of defrauding her victim.
Pearson allegedly defrauded the victim of a total of $441,830. Pearson allegedly evaded $122,000 in federal income tax. Pearson allegedly defrauded the Weston Housing Authority of $76,837 in housing benefits. According to the indictment, Pearson thus caused a total loss of at least $640,667.
The federal indictment charges Pearson with three counts of wire fraud, four counts of money laundering, one count of tax evasion and one count of making false statements to the Department of Housing and Urban Development (related to her application for federal housing benefits).
The indictment also contains a forfeiture allegation, which would require Pearson to forfeit to the government any property derived from the proceeds of the alleged offenses, including a money judgment of $441,830.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Kathleen D. Mahoney. It was investigated by the Kansas City, Mo., Police Department, IRS-Criminal Investigation and the Dept. of Housing and Urban Development, Office of Inspector General.Former Denver Woman Is Sentenced to Federal Prison on Charges Related to Identity TheftRead the Press Release
DENVER – Libia Hernandez-Garcia, age 60, of Miami, Florida, formerly of Denver, Colorado, was sentenced late last week by U.S. District Court Judge Christine M. Arguello to serve 12 months in federal prison for tax fraud, visa fraud and social security fraud, federal authorities announced. Following her prison sentence, she was ordered to serve 3 years on supervised release and ordered by Judge Arguello to pay over $70,000 in restitution. She was ordered to report to a Bureau of Prisons facility within 15 days of designation. She was indicted by a federal grand jury on May 21, 2013, followed by a superseding indictment on February 25, 2014. She pled guilty before Chief Judge Arguello on May 22, 2014.
According to the charging documents as well as the stipulated facts contained in the plea agreement, from 2009 through 2011, Hernandez-Garcia made false claims against the Internal Revenue Service which she knew to be false by preparing and filing federal income tax returns for several individuals where the claims for income tax refunds were fraudulent. Particularly, Hernandez-Garcia provided false information to a tax preparer, so refunds not belonging to her would be deposited into her own bank account.
From 2009 through 2012, Hernandez-Garcia misused the Social Security Number (SSN) of several individuals by causing the filing of individual income tax returns which falsely included the name and SSN, as a dependent, for the person identified as the filer of the tax return.
From 2008 through 2011, Hernandez-Garcia assisted in the preparation and filing with the IRS the U.S. Individual Income Tax Return of her husband for tax years 2007 through 2010 which were materially false and fraudulent. Particularly, dependents were claimed on her husband’s tax returns when in fact the dependents were not a person who could lawfully be claimed as a dependent of his. On her own personal tax returns for tax years 2006 through 2011, Hernandez-Garcia followed a similar pattern claiming dependents that could not be claimed as her dependents all in an effort to receive higher refunds.
Furthermore, on two separate occasions, one in 2008 and the second in 2011, Hernandez-Garcia made false statements under penalty of perjury in Petitions for a Nonimmigrant Worker packages. Such statements included: the beneficiary of the H-1B visa petition, Diana Aleph Aguilar Hernandez, would be employed by a local hotel operating under a national brand name as Operations Manager; Libia Hernandez was an authorized official to make such a petition on behalf of that hotel; that Libia Hernandez was authorized by that hotel to act on behalf of the company in labor certification matters.
This case was investigated by the Internal Revenue Service – Criminal Investigation, Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), Bureau of Diplomatic Security Service (DSS), and Office of the Inspector General – Social Security Administration (SSA OIG).
This case is being prosecuted by Assistant U.S. Attorney Robert Brown.
Five Sentenced for Drug Trafficking OffensesRead the Press Release
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(304) 234-0100 ● Contact: Tara Tighe, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA – Five individuals were sentenced for drug trafficking offenses, United States Attorney William J. Ihlenfeld, II, announced today.
Christopher Lee Redman, 30, of Keyser, West Virginia, was sentenced to 27 months in prison. He pled guilty in August 2014 to one count of “Conspiracy to Distribute Schedule II Controlled Substances” after an investigation revealed his participation in the distribution of cocaine.
Robert Lee Jessie, 35, also of Keyser, West Virginia, was sentenced to 18 months in prison. He pled guilty in June 2014 to one count of “Distribution of Cocaine Base.”
Tyrone Lamont Fleming, 23, of Martinsburg, West Virginia, was sentenced to 18 months in prison. He pled guilty in June 2014 to one count of “Distribution of Cocaine Base.”
Ebony Ishia Haynes Jack, 33, of Palm Coast, Florida, was sentenced to 12 months and one day in prison. She pled guilty in August 2014 to one count of “Conspiracy to Launder Monetary Instruments” as part of a larger drug trafficking scheme.
Darius Nolan Hogan, 32, of Hyattsville, Maryland, was sentenced to five years of probation. He pled guilty in June 2014 to one count of “Aiding and Abetting Distribution of Cocaine Base.”
Assistant U.S. Attorney Jarod Douglas prosecuted the cases on behalf of the government. The Potomac Highlands Drug and Violent Crime Task Force investigated Redman, Jessie, and Jack. The Eastern Panhandle Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated Fleming and Hogan.
U.S. District Judge Gina M. Groh presided.
Federal Jury Finds Veteran from Texas Guilty on Misdemeanor Domestic Violence ChargeRead the Press Release
Defendant Assaulted his Wife on Grounds of Veterans Administration Complex
ALBUQUERQUE – A federal jury returned a verdict Friday evening finding a veteran guilty on a misdemeanor domestic violence charge after a three-day trial. Leslie Chapman, 45, a veteran from Abilene, Texas, was convicted on an aggravated battery against a household member charge, and acquitted of the misdemeanor offense of interfering with communications.
Chapman was arrested on a criminal complaint alleging that he assaulted his wife on the grounds of the Veterans Administration complex in Albuquerque, N.M., on Jan. 26, 2014. He subsequently was charged in a misdemeanor information with aggravated battery against a household member, interference with communications, and possession of a firearm in a Veterans Administration facility. The firearms charge was dismissed by the United States prior to trial.
Chapman’s trial began on Oct. 29, 2014, and concluded on the evening of Oct. 31, 2014, when the jury returned a verdict of guilty on the domestic violence charge and not guilty on the interference with communications charge. The evidence at trial established that on the evening of Jan. 26, 2014, officers of the Department of Veterans Affairs Police Department responded to a call reporting a physical disturbance involving a man and a woman at a lodging hall in the Veterans Administration complex in Albuquerque, N.M. On arrival, the officers found the victim, upset and crying.
The victim reported that Chapman assaulted her in their room by hitting her in the chest, head, neck, back and arms. The victim also reported that Chapman refused to let her leave the room and grabbed her telephone while she was talking to a relative. The officers observed physical injuries on the victim, including bruising, swelling and scratches on the victim’s fingers, hand and arm.
Chapman testified in his own defense and denied assaulting the victim. Chapman claimed that the victim assaulted him. Chapman also denied that he prevented the victim from making telephone calls to seek assistance.
Chapman remains on conditions of release pending his sentencing hearing, which has yet to be scheduled. At sentencing, Chapman faces a statutory maximum penalty of a year in prison and/or five years of probation.
This case was investigated by the Department of Veterans Affairs Police Department at the Veterans Affairs Medical Center in Albuquerque, and is being prosecuted by Assistant U.S. Attorneys Linda Mott and William J. Pflugrath.
Fayetteville Man Sentenced for Narcotics Distribution and Weapons ChargesRead the Press Release
RALEIGH - United States Attorney Thomas G. Walker announced today that MARCUS DORRELL BYRD, 42, of Fayetteville, North Carolina, was sentenced to life plus 25 years followed by 10 years of supervised release. A federal jury convicted BYRD on all 5 counts contained in a criminal indictment on August 7, 2014. Charges consisted of drug and firearms offenses including conspiracy to distribute in excess of 5 kilograms of cocaine, distribution of cocaine, possession of a firearm during a drug trafficking crime, and possession of a firearm by a convicted felon.
During the four day trial, the government presented evidence that between on or about 2009, through on or about June 24, 2011, BYRD conspiredwith others in the Fayetteville area to distribute in excess of 30 kilograms of cocaine. Further, evidence was also presented of several controlled sales of cocaine by the defendant to a confidential informant. During a search of BYRD’s apartment by law enforcement, officers found him in possession of a loaded 9mm handgun, over $15,000 in US currency, a cocaine press, and several digital scales. BRYD’s prior convictions enhanced his sentence today. He was previously convicted of instigating a riot at the Federal Correctional Institution in Talladega, Alabama in 1995. He also has prior drug and firearms convictions.
This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.
Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Fayetteville Police Department. Assistant United States Attorneys Ethan A. Ontjes and Carrie Randa prosecuted the case for the government.
Election Officers Designated in Central District of IllinoisRead the Press Release
Springfield, Ill. – U.S. Attorney Jim Lewis announced today the appointment of District Election Officers in the Central District of Illinois in connection with the Justice Department’s nationwide Election Day Program for the Nov. 4, 2014, general elections. Assistant U.S. Attorneys appointed to serve as election officers include: Gregory M. Gilmore in the Springfield headquarters office; David H. Hoff in the Urbana branch office; Darilynn J. Knauss in Peoria; and, John K. Mehochko in Rock Island. District election officers are responsible for overseeing the district’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department headquarters.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
To respond to complaints of election fraud or voting rights abuses on Nov. 4, 2014, and to ensure such complaints are directed to the appropriate authorities, designated election officers will be available in each of the district’s four offices on Nov. 4, while the polls are open. Election officers may be reached by the public at the following telephone numbers:
Springfield: Assistant U.S. Attorney Gregory M. Gilmore, 217-492-4450;
Urbana: Assistant U.S. Attorney David H. Hoff, 217-373-5875;
Peoria: Assistant U.S. Attorney Darilynn J. Knauss, 309-671-7050; and,
Rock Island: Assistant U.S. Attorney John K. Mehochko, 309-793-5884.In addition, the FBI will have Special Agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI office in the Central District of Illinois can be reached by the public at 217-522-9675.
Civil Rights Division staff will be available by phone to receive complaints related to voting rights at 1-800-253-3931 toll-free, or 202-307-2767, or by TTY 202-305-0082. In addition, individuals may also report complaints, problems, or concerns related to voting by fax to 202-307-3961, by email to [email protected], and by complaint forms that may be submitted through a link on the Department’s website, at www.justice.gov/crt/about/vot/.
Election Day ProgramRead the Press Release
WILMINGTON, Del. - United States Attorney Charles M. Oberly, III, announced today that Assistant United States Attorney (AUSA) Patricia C. Hannigan will lead the efforts of her Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014, general elections. AUSA Hannigan has been appointed to serve as the District Election Officer (DEO) for the District of Delaware, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in
consultation with Justice Department Headquarters in Washington.United States Attorney Oberly said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Oberly stated that AUSA/DEO Hannigan will be on duty in this District while the polls are open. She can be reached by the public at the following telephone number (302) 507-1607.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (302) 658-4391. Complaints can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Oberly said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”Dunkirk man pleads guilty to child pornography chargesRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Shane Taylor, 43, of Dunkirk, NY, pleaded guilty to possession of child pornography before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Carol G. Bridge, who is handling the case, stated that on July 18, 2011, law enforcement officers executed a search warrant at the defendant’s residence on Dove St. in Dunkirk. Officers seized a computer and a shotgun from Taylor’s room. An analysis determined that the computer contained over 3000 images of child pornography, many depicting pre-pubescent children and images of violence.
The sentencing is the culmination of an investigation by Immigration and Customers Enforcement, Homeland security Investigations, under the direction of Special Agent in Charge James C. Spero.
Sentencing is scheduled for February 13, 2015 at 12:00 p.m. before Judge Arcara.Dr. John Yacoub Sentenced for Illegal Drug DistributionRead the Press Release
Prescribed Drugs to His Girlfriend and Others Without a Medical Basis
Baltimore, Maryland – Chief U.S. District Judge Catherine C. Blake sentenced Dr. John K. Yacoub, age 58, of Baltimore, Maryland today to a year and a day in prison followed by two years of supervised release for conspiring to distribute and possess with intent to distribute fentanyl, hydrocodone, oxycodone, morphine and methadone. Chief Judge Blake also ordered Yacoub to pay restitution and forfeit $2,375.93.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office; Special Agent in Charge Nicholas DiGiulio, Office of Investigations, Office of Inspector General of the Department of Health and Human Services; Chief James W. Johnson of the Baltimore County Police Department; Chief Gary Gardner of the Howard County Police Department; and Commissioner Anthony W. Batts of the Baltimore Police Department.According to his plea agreement, between 2012 and 2013 Dr. Yacoub provided prescriptions and pills to his girlfriend who was a drug addict. He initially provided her with Vicodin, and later with oxycodone and morphine. By 2013, Dr. Yacoub was regularly writing prescriptions for morphine and fentanyl patches for his girlfriend’s personal use.
Dr. Yacoub asked two others to help him get additional prescription medication for his girlfriend in exchange for providing them with prescriptions for methadone. Investigators have determined that one of these individuals used Medicaid to pay for $2,375.92 of the morphine prescriptions obtained for Dr. Yacoub.
During a search warrant executed on September 23, 2013, investigators obtained patient files for Dr. Yacoub’s girlfriend and the other two individuals. None of the files reflected any medical treatment or medical reason for the medications prescribed to them by Dr. Yacoub. Dr. Yacoub admitted that he provided the prescriptions outside the scope of accepted medical practice.
United States Attorney Rod J. Rosenstein praised the DEA, HHS – Office of Inspector General, Baltimore County and Howard County Police Departments and the Baltimore Police Department for their work in the investigation. Mr. Rosenstein also recognized the Maryland Board of Physicians for its assistance. Mr. Rosenstein thanked Assistant U.S. Attorney Kenneth S. Clark, who prosecuted the case.
Crawford County Man Sentenced to Three+ Years for Collecting Millions from False Tax ReturnsRead the Press Release
TOPEKA, KAN. - A man from Crawford County, Kan., was sentenced Monday to 41 months in federal prison for receiving millions of dollars in refunds based on filing false federal tax returns, U.S. Attorney Barry Grissom said. In addition, the defendant was ordered to pay restitution of more than $4 million.
Jerold D. Fisher, 49, Arma, Kan., pleaded guilty to one count of filing a false federal tax return. In his plea, he admitted that from 2006 to 2009, while he was a registered agent for Fisher Alfalfa Farms, he prepared false federal tax returns both for himself and for his mother in order to receive tax refunds that were not owed to them.
In 2006, he started to test the tax system by filing false income tax returns claiming Fisher Alfalfa Farms had withheld taxes from his wages and paid them to the federal treasury. As a result, he fraudulently received a refund of $17,175. As he continued to fraudulently receive tax refunds without being detected, he increased the amount of his claims. By 2009, he fraudulently claimed withholding of more than $3.8 million on income of more than $8 million.
Grissom commended the Internal Revenue Service - Criminal Investigations Division and Assistant U.S. Attorney Rich Hathaway for their work on the case.
Conspirator in Android Mobile Device App Piracy Group Pleads GuiltyRead the Press Release
A leading member of an online piracy group pleaded guilty today for his role in a scheme to distribute more than one million pirated copies of copyrighted Android mobile device applications, or “apps,” with a total retail value of more than $1.7 million.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Sally Quillian Yates of the Northern District of Georgia and Special Agent in Charge J. Britt Johnson of the FBI’s Atlanta Field Office made the announcement.
Scott Walton, 28, of Cleveland, Ohio, pleaded guilty today to one count of conspiracy to commit criminal copyright infringement before U.S. District Judge Timothy C. Batten Sr. of the Northern District of Georgia. Walton will be sentenced at a later date. A second co-conspirator, Kody Jon Peterson, 22, of Clermont, Florida, pleaded guilty to an information on April 14, 2014, for his role in the conspiracy.
According to statements made in court, Walton and his fellow conspirators identified themselves as members of the SnappzMarket Group. From May 2011 through August 2012, they conspired to reproduce and distribute over one million copies of copyrighted Android mobile device apps. The apps had a total retail value of over $1.7 million and were distributed through the SnappzMarket alternative online market without permission from the victim copyright owners, who would otherwise sell copies of the apps on legitimate online markets for a fee.
The indictment charges Walton and two other leading members of the SnappzMarket Group with conspiracy to commit criminal copyright infringement and related charges for allegedly distributing the copyrighted Android mobile devices apps through the group’s website, www.snappzmarket.com. On Aug. 21, 2012, the FBI executed a seizure order against the website, which was the first time a website domain involving mobile device app marketplaces had been seized.
The charges contained in an indictment are merely accusations, and a defendant is presumed innocent unless and until proven guilty.
The investigation was conducted by the FBI. The case is being prosecuted by Assistant Deputy Chief John H. Zacharia of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Christopher Bly of the Northern District of Georgia. Significant assistance was provided by the CCIPS Cybercrime Lab and the Criminal Division’s Office of International Affairs.
Civil Division Recovers Almost $2 Million Owed to Federal AgencyRead the Press Release
BATON ROUGE, LA – United States Attorney Walt Green announced today that a cash payment of almost $2 million has been made to the Export-Import Bank of the United States (“the Bank”), an agency of the federal government, as part of the settlement of a civil lawsuit filed by the U.S. Attorney’s Office in the Middle District of Louisiana on the Bank’s behalf.
The Civil Division of the U.S. Attorney’s Office filed the two-year old civil lawsuit against a group of individuals and businesses, primarily based in Portland, Oregon. The lawsuit sought to recover highly-customized, industrial equipment in Port Allen, Louisiana, which served as collateral on a government-owned $4.5 million loan that had gone into default.
Defendants Frank Cutler of Newport Beach, California, and James Cutler of Wilsonville, Oregon, made the almost $2 million payment as part of a settlement previously reached between the United States and the defendants. The other defendants are paying the remainder of the debt, which is now approximately $3 million, in a schedule of payments over time. Those defendants are R. Patrick Garrett of Portland, Oregon, and the following entities based in Oregon: Meco Environmental, LLC; Mobile Environmental Technologies, Inc.; ICI Process Technologies, LLC; ICI, LLC; and Terra Sana, Ltd.
The Export-Import Bank of the United States is the official export credit agency of the United States. Its mission is to assist in financing the export of U.S. goods and services to international markets. It enables U.S. companies – large and small – to turn export opportunities into real sales that help to maintain and create U.S. jobs and contribute to a stronger national economy. It does not compete with private sector lenders, but provides export financing that is otherwise not available.
United States Attorney Green stated: “Today’s payment is another good example of protecting the taxpayers’ dollars. It is critical that agencies of the federal government, such as the Export-Import Bank, are not unfairly taken advantage of and that those receiving assistance from such agencies live up to their obligations and responsibilities, such as repaying a loan. Our Civil Division will continue to steadfastly pursue civil claims against those owing money to agencies of the federal government, as well as those who seek to defraud the federal government. I commend the critical work performed by the attorneys and staff in the Civil Division in this matter and the many others like it.”
This matter was handled by Assistant United States Attorney James L. Nelson who serves as the Affirmative Civil Enforcement Coordinator.
Cedar Rapids Man Charged with Being an Unlawful Drug User in Possession of FirearmsRead the Press Release
Kendan Fonville, age 24, from Cedar Rapids, Iowa, has been charged with two counts of being an unlawful drug user in possession of firearms. The charges are contained in an Indictment filed on October 30, 2014, in United States District Court in Cedar Rapids.
Count 1 of the Indictment alleges that, on or about March 24, 2012, Fonville possessed a stolen AK-47 rifle while he was an unlawful user of marijuana. Count 2 of the Indictment alleges that, on or about August 31, 2012, Fonville possessed a .380 caliber handgun while he was an unlawful user of marijuana.According to a previously filed criminal complaint, Fonville (aka “Fudd”) allegedly has four prior arrests for possession of marijuana and one prior arrest for possession of crack cocaine. The complaint alleges that, on March 24, 2012, Cedar Rapids Police Officers heard numerous shots being fired as they were approaching the 1400 block of 4th Avenue Southeast. In their investigation, officers allegedly recovered an AK-47 rifle that had been reported stolen and 22 spent rifle casings. Witnesses allegedly reported seeing Fonville fire the rifle.
The complaint also alleges that, on August 31, 2012, Cedar Rapids Police Officers attempted to stop a vehicle. The complaint alleges that, upon initiating the traffic stop, Fonville ran from the driver’s side of the vehicle. The complaint alleges that, during the foot pursuit, officers observed Fonville reaching for his waist band area. Fonville was allegedly lost during the chase. Officers allegedly believed that, during the chase, Fonville was attempting to discard a firearm. The officers allegedly retraced their steps and located a .380 caliber pistol.
If convicted on all charges, Fonville faces a possible maximum sentence of twenty years’ imprisonment, a $500,000 fine, $200 in special assessments, and six years of supervised release following any imprisonment.
Fonville’s next appearance for an arraignment has been set for November 4, 2014, at 2:00 p.m.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the FBI Safe Street’s Task Force and the Cedar Rapids Police Department.
Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-117 LRR.
Cary Man Sentenced for Videotaping Sex with Step-daughterRead the Press Release
RALEIGH – United States Attorney Thomas G. Walker announced that in federal court today IKE SIMMONS, 39, of Cary, North Carolina, was sentenced by Senior United States District Judge W. Earl Britt to 600 months imprisonment followed by 20 years of supervised release. On June 2, 2014, SIMMONS pled guilty to manufacturing child pornography, in violation of Title 18, United States Code, Sections 2252(a) and (d).
According to the investigation, in July, 2013, the mother of the victim contacted law enforcement reporting that her ex-husband had been molesting her 16-year-old daughter since 2009. SIMMONS was arrested and three computer hard drives, along with his Iphone was seized. Computer forensics later performed on the hard drive revealed that SIMMONS had videotaped the molestation using his cellphone and then transferred the videos to the hard drives.
SIMMONS is a previously convicted sex offender stemming from a 2003 conviction.
The criminal investigation of this case was conducted by the Cary Police Department, the Apex Police Department, and the Fayetteville Police Department. Assistant United States Attorney Ethan A. Ontjes is handling the prosecution on behalf of the Eastern District of North Carolina.
This case was part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.
CEO and President of East Bay University Sentenced to 198 Months for Fraud SchemeRead the Press Release
SAN FRANCISCO – Susan Xiao-Ping Su was sentenced on Friday to 198 months in prison, ordered to forfeit $5.6 million, and to pay $904,198.84 in restitution arising from a visa fraud scheme that she carried out in her role as the Founder, Chief Executive Officer, and President of Pleasanton-based Tri-Valley University, announced United States Attorney Melinda Haag and Tatum King, Acting Special Agent in Charge for U.S. Immigration and Customs Enforcement’s (ICE), Homeland Security Investigations (HSI) San Francisco.
Su, 44, of Pleasanton, was convicted on March 23, 2014, after a 3-week trial of 31 counts of wire fraud, mail fraud, conspiracy to commit visa fraud, visa fraud, use of a false document, false statements to a government agency, alien harboring, unauthorized access to a government computer, and money laundering.
“Every year our country welcomes academically qualified students from all over the world to learn from our country’s best and brightest,” said U.S. Attorney Melinda Haag. “The defendant’s scheme took advantage of this highly valuable immigration process, reducing opportunities for legitimate, worthy student applicants. The conviction and sentence in this case demonstrate our resolve to work closely with HSI to ferret out and bring to justice those who choose to engage in immigration fraud.”
“This sentence should leave no doubt that there are serious consequences for those who exploit our legal immigration system for personal gain,” said Tatum King, acting special agent in charge for HSI San Francisco. “Student visas are intended to give people from around the world a chance to come to this country to enrich themselves with the vast learning opportunities available here, but in this case the defendant was interested in a different kind of enrichment, her own. Our message is simple – America’s legal immigration system is not for sale and HSI will move aggressively against those who compromise the integrity of that system and put our country’s security at risk simply to turn a profit.”
During the trial, evidence showed that Su engaged in a two-year scheme to defraud the Department of Homeland Security (DHS) by submitting fraudulent documents in support of Tri-Valley University’s petition for approval to admit foreign students and, after having obtained such approval, fraudulently issued visa-related documents to student aliens in exchange for “tuition and fees.” In her petition for approval, Su made material false representations to DHS regarding Tri-Valley University’s admission requirements, graduation requirements, administrators, instructors, class transferability, and intent to comply with federal regulations.
Three purported Tri-Valley University professors testified that they never authorized Su to use their credentials in connection with the university. Multiple Tri-Valley University employees testified that the university had no requirements for admission or graduation, and that Su routinely instructed her staff to fabricate fraudulent transcripts, and other university documents.
In carrying out the scheme, Su made additional false representations to DHS through Tri-Valley University’s use of the Student and Exchange Visitor Information System (SEVIS), which the United States government uses, in part, to monitor the “F-1” student visa program. Through her false representations, Su was able to unlawfully obtain and issue F-1 visa-related documents without regard to the students’ academic qualifications or intent to pursue a course of study required to maintain a lawful immigration status. Su admitted and maintained student aliens in exchange for tuition and other payments. In furtherance of the F-1 visa scheme, Su was also convicted of harboring two Tri-Valley University student-employees to assist her in making the false representations to SEVIS. One of the harbored student employees testified that Su also requested him to paint her house and to move furniture.
Su made over $5.6 million through her operation of Tri-Valley University and engaged in seven money laundering transactions using proceeds to purchase commercial real estate, a Mercedes Benz car, and multiple residences, including a mansion on the Ruby Hill Golf Club in Pleasanton, each in her name.
The investigation began in May 2010 following a tip to HSI pertaining to irregularities at Tri-Valley University.
The sentence was handed down by the Honorable Jon S. Tigar, United States District Court Judge, following a jury trial on counts of 18 U.S.C. § 1343 (wire fraud); 18 U.S.C. § 1341 (mail fraud); 18 U.S.C. § 1546(a) (visa fraud); 18 U.S.C. § 1001(a)(3) (use of a false document); 8 U.S.C. § 1324 (alien harboring); 18 U.S.C. § 1030 (unauthorized access of government computer); and 18 U.S.C. § 1957(a) (money laundering).
Judge Tigar also sentenced the defendant to three-years of supervised release. Su has already begun serving her sentence after being remanded into custody after trial.
Wade Rhyne and Hartley West are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Noble Hughes, Janice Pagsanjan, and Rosario Calderon. The prosecution is the result of an investigation by DHS, Homeland Security Investigations and by the multiagency Document and Benefit Fraud Task Force, which is overseen by HSI.
(Su indictment )
(Su superseding indictment )
Bridgeport Man Pleads Guilty to Federal Murder ChargeRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that JOHNNIE JEFFERSON, also known as “Jeezy,” 24, of Bridgeport, pleaded guilty today in Hartford federal court to his involvement in the October 2012 murder of Dawayne Cobb in Bridgeport.
According to court documents and statements made in court, on October 10, 2012, at approximately 6:20 p.m., the body of Dawayne Cobb was discovered in the driver seat of an idling vehicle in the vicinity of 220 Sunshine Circle in Bridgeport. Cobb had gunshot wounds in his shoulder and abdomen.
In pleading guilty, JEFFERSON admitted that on that date, he and another individual planned to rob Cobb of marijuana. JEFFERSON and the other individual then drove to Sunshine Circle to meet Cobb, murdered him and stole from him a jar containing approximately two ounces of marijuana. JEFFERSON and the other individual transported the stolen marijuana to a Bridgeport residence and subsequently distributed it amongst themselves and others.
JEFFERSON pleaded guilty to one count of causing the death of Dawayne Cobb through the use of a firearm, a charge that carries a maximum term of imprisonment of life. He is scheduled to be sentenced by U.S. District Judge Michael P. Shea on January 27, 2015.
This matter is being investigated by Bridgeport Police Department and the FBI’s Bridgeport Safe Streets Task Force. The case is being prosecuted by Assistant U.S. Attorneys Tracy Dayton and Rahul Kale.
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[email protected]Bio-Rad Laboratories Resolves Foreign Corrupt Practices Act Investigation and Agrees to Pay $14.35 Million PenaltyRead the Press Release
A California-based medical diagnostics and life sciences manufacturing and sales company, Bio-Rad Laboratories Inc. (Bio-Rad), has agreed to pay a $14.35 million penalty to resolve allegations that it violated the Foreign Corrupt Practices Act (FCPA) by falsifying its books and records and failing to implement adequate internal controls in connection with sales it made in Russia.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Special Agent in Charge David J. Johnson of the FBI’s San Francisco Field Office made the announcement.
“Public companies that cook their books and hide improper payments foster corruption,” said Assistant Attorney General Caldwell. “The department pursues corruption from all angles, including the falsification of records and failure to implement adequate internal controls. The department also gives credit to companies, like Bio-Rad, who self-disclose, cooperate and remediate their violations of the FCPA.”
“The FBI remains committed to identifying and investigating violations of the Foreign Corrupt Practices Act,” said Special Agent in Charge Johnson. “This action demonstrates the benefits of self-disclosure, cooperation, and subsequent remediation by companies.”
According to the company’s admissions in the agreement, Bio-Rad SNC, a Bio-Rad subsidiary located in France, retained and paid intermediary companies commissions of 15-30 percent purportedly in exchange for various services in connection with certain governmental sales in Russia. The intermediary companies, however, did not perform these services. Several high-level managers at Bio-Rad, responsible for overseeing Bio-Rad’s business in Russia, reviewed and approved the commission payments to the intermediary companies despite knowing that the intermediary companies were not performing such services. These managers knowingly caused the payments to be falsely recorded on Bio-Rad SNC’s and, ultimately, Bio-Rad’s books. Bio-Rad, through several of its managers, also failed to implement adequate controls, as well as adequate compliance systems, with regard to its Russian operations while knowing that the failure to implement such controls allowed the intermediary companies to be paid significantly above-market commissions for little or no services.
The department entered into a non-prosecution agreement with the company due, in large part, to Bio-Rad’s self-disclosure of the misconduct and full cooperation with the department’s investigation. That cooperation included voluntarily making U.S. and foreign employees available for interviews, voluntarily producing documents from overseas, and summarizing the findings of its internal investigation. In addition, Bio-Rad has engaged in significant remedial actions, including enhancing its anti-corruption policies globally, improving its internal controls and compliance functions, developing and implementing additional due diligence and contracting procedures for intermediaries, and conducting extensive anti-corruption training throughout the organization.
In addition to the monetary penalty, Bio-Rad agreed to continue to cooperate with the department, to report periodically to the department for a two-year period concerning Bio-Rad’s compliance efforts, and to continue to implement an enhanced compliance program and internal controls designed to prevent and detect FCPA violations.
In a related matter, the U.S. Securities and Exchange Commission (SEC) today announced that it had entered into a cease and desist order against Bio-Rad in which the company agreed to pay $40.7 million in disgorgement and prejudgment interest in connection with the company’s sales in Russia, as well as in Thailand and Vietnam.
The department acknowledges and expresses its appreciation for the assistance provided by the SEC’s Division of Enforcement.
The case is being investigated by the FBI’s San Francisco Field Office. The case is being prosecuted by Trial Attorney Andrew Gentin of the Criminal Division’s Fraud Section.
Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Baltimore Felon Sentenced to 10 Years in Prison for Armed RobberyRead the Press Release
Baltimore, Maryland –U.S. District Judge George L. Russell III sentenced Jarwon D. Scott, age 26, of Baltimore, today to 10 years in prison followed by five years of supervised release for robbery and using a firearm during the robbery.The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Chief James W. Johnson of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
According to his plea agreement, on September 1, 2013, Scott offered to sell prescription drugs to residents of a motel in Catonsville, Maryland. When it came time for the delivery, Scott used the ruse of supplying drugs to gain access to a motel room and, along with another individual, robbed the two occupants. Scott brandished a handgun and demanded money from the occupants of the room.
Scott was arrested a few days later on September 5. Law enforcement seized a 9mm semi-automatic pistol with an obliterated serial number and ammunition from the car he was about to enter. Scott had previously been convicted of a felony and was prohibited from possessing the gun and ammunition.
United States Attorney Rod J. Rosenstein commended the ATF, Baltimore County Police Department and Baltimore County State’s Attorney=s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Bonne S. Greenberg, who prosecuted the case.
Assistant U.S. Attorney Appointed to Lead Election Day ProgramRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that Assistant U.S. Attorney Dan Nelson will lead the efforts of the office in connection with the Justice Department’s nationwide Election Day Program for the Nov. 4, 2014, general elections.
Nelson has been appointed to serve as the District Election Officer for the Western District of Missouri, and in that capacity is responsible for overseeing the district’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department headquarters in Washington, D.C.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
Nelson, in his capacity as District Election Officer, represents the U.S. Attorney’s Office, Western District of Missouri on the Missouri Elections Integrity Task Force. The task force, which includes local, state and federal law enforcement and election authorities, will coordinate efforts to ensure Missouri elections remain fair, secure and accessible.
In order to respond to complaints of election fraud or voting rights abuses on Nov. 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, Nelson will be on duty in this district while the polls are open. He can be reached by the public at 816-426-3000.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 855-527-2847.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, D.C., by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.Ahead of Election Day, Attorney General Holder Dispatches Federal Poll Monitors to Aid in Efforts to Prevent Voter DiscriminationRead the Press Release
In an effort to reaffirm the Justice Department’s commitment and responsibility to protect eligible Americans from discrimination at the ballot box, Attorney General Eric Holder released a video today to announce that the Department of Justice will send federal monitors to 18 states across the country. These monitors will be on the ground gathering information on numerous aspects of local election procedures including voter discrimination, resources for bilingual voters, and adequate services for individuals with disabilities.
“This year, as citizens across the country go to the polls on Election Day, I want the American people to know that the Justice Department will stand vigilant – working, in a fair and nonpartisan manner, to ensure that every voter can cast his or her ballot free of intimidation, discrimination, or obstruction,” said Attorney General Holder in a video message recorded for the Justice Department’s website. “Over the last few months, leaders from the Voting Section of the Civil Rights Division have received information from a wide variety of citizens and groups. Based upon our independent and non-partisan consideration and expertise, we have dispatched federal monitors to polling places around the country – just as we do during every election season.”
The complete text of the Attorney General’s video message is below:
“One of the Justice Department’s most sacred responsibilities is ensuring access to the ballot box for every eligible American. Over the last six years, my colleagues and I have taken robust action to safeguard this fundamental right: challenging unnecessarily restrictive proposals like certain voter ID laws; advocating for accessible polling places in remote and underserved communities; and fighting back against redistricting proposals and early voting limits that may prevent many Americans from making their voices heard.
“This year, as citizens across the country go to the polls on Election Day, I want the American people to know that the Justice Department will stand vigilant – working, in a fair and nonpartisan manner, to ensure that every voter can cast his or her ballot free of intimidation, discrimination, or obstruction. Over the last few months, leaders from the Voting Section of the Civil Rights Division have received information from a wide variety of citizens and groups. Based upon our independent and non-partisan consideration and expertise, we have dispatched federal monitors to polling places around the country – just as we do during every election season.
“These officials will gather information on numerous aspects of local election procedures, including whether voters are treated differently depending on their race or color; whether jurisdictions are adequately serving individuals with disabilities; whether jurisdictions are complying with the provisional ballot requirements of the Help America Vote Act; and whether jurisdictions are complying with the Voting Rights Act’s requirement to provide bilingual election materials and assistance in areas of need.
“The integrity of our elections, and the ability of our citizens to access the franchise, are fundamental to who we are – both as a nation and as a people. That’s why, last year, President Obama established a bipartisan Presidential Commission on Election Administration to recommend a series of steps to make it simpler to cast a ballot. The Commission’s recommendations included expanding online voter registration and early balloting, updating electronic voting equipment, and making polling places more accessible. The Commission also suggested that bilingual poll workers should be available at any polling place with a significant number of voters who do not speak English.
“These are promising – and necessary – reforms, and I call upon jurisdictions across the country to adopt them. In the meantime, we must also ensure that the way we administer the laws currently on the books is appropriate, and lives up to our highest values. Making it more difficult to vote with restrictive measures like burdensome voter ID laws is out of step with our history.
“So I call on election officials and poll workers around the country to consider, as they perform their duties, the importance of the responsibilities that they are working to fulfil. I encourage every citizen of this country to remember the sacrifices made by generations of patriots to expand and ensure the franchise. And I urge all eligible Americans – no matter their party affiliation or political views – to exercise their own sacred duty to cast a ballot, to make their voices heard, and to contribute to the direction of our great democracy.”
The full video of the Attorney General’s message is available at http://www.justice.gov/agwa.php.
Acting U. S. Attorney Appoints Election Day Officer for Utah; Part of Department of Justice Efforts to Protect Voting RightsRead the Press Release
SALT LAKE CITY - Acting United States Attorney Carlie Christensen announced Monday that Assistant U.S. Attorney Alicia Cook will lead the efforts of her office in connection with the Justice Department’s nationwide Election Day program for the Nov. 4, 2014, general election. AUSA Cook has been appointed to serve as Election Officer for the District of Utah. In that capacity, she will be responsible for overseeing complaints of election fraud and voting rights abuses in consultation with the Justice Department in Washington, D.C.
"Although Utah has a history of conducting problem-free elections, we want to make sure residents of Utah know that reports of fraud or abuse will be taken seriously," Ms. Christensen said today. “Election fraud and voting rights abuses dilute the worth of votes honestly cast. They also corrupt the essence of our representative form of government. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to the U.S. Attorney’s Office, the FBI, or the Department of Justice.”
Ms. Cook will be available Tuesday to respond to complaints of election fraud or voting rights abuses and to ensure that any complaints are directed to the right place. She can be reached by the public at 801-325-3350 while the polls are open.
In addition, the FBI in Salt Lake City will have special agents available throughout the day to receive allegations of election fraud and other election abuses on Election Day. The FBI can be reached at 801-579-1400.
Complaints about ballot access problems or discrimination can also be made directly to the Department of Justice’s Civil Rights Division’s Voting Section in Washington, D.C., at 1-800-253-3931 (toll free) or 202-307-2767. The Civil Rights Division staff can also be reached by TTY at 202-305-0082. In addition, individuals may also report complaints, problems, or concerns related to voting by fax to 202-307-3961, by email to [email protected], and, by complaint forms that may be submitted through a link on the Department’s website, at www.justice.gov/crt/about/vot/.
The administration of the election process is primarily a state rather than a federal function. States have the power to establish the place, time, and manner for holding elections. The Department of Justice, however, plays an important role in deterring election fraud and discrimination at the polls. The Justice Department's Criminal and Civil Rights Divisions enforce specific federal laws that help to ensure that all qualified voters have an opportunity to cast their ballots and have them counted.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting, may violate federal voting rights laws. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
Mistakes by election administrators, violations of state laws governing how elections are to be conducted, the accuracy of campaign literature, campaigning too closely to voting locations, the process by which candidates qualify for ballot status and events that occur in the course of political campaigns generally are not appropriate for federal prosecution, although such matters may violate state election laws.
Voters with questions about where to vote should call their county clerk’s office.
Sunday 2 November 2014
U.S. Attorney’s Office, FBI Prepared to Respond to Complaints of Election Fraud & Voting Rights AbusesRead the Press Release
PROVIDENCE - United States Attorney Peter F. Neronha announced today that Assistant United States Attorney (AUSA) Terrence P. Donnelly will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014, general elections. AUSA Donnelly has been appointed to serve as the District Election Officer for the District of Rhode Island, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Peter F. Neronha said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them.To report suspected election fraud or voting rights abuses at the polls in Rhode Island, the United States Attorney’s Office can be reached by the public at (401) 709-5068. In addition, the FBI field office in Rhode Island will be prepared to receive allegations of voting fraud and other election abuses at (401) 272-8310.
Contact: 401-709-5357
[email protected]
Saturday 1 November 2014
Oklahoma City Man Pleads Guilty to Traveling to Colorado to Bring 13-Year-Old to Oklahoma City to Engage in Illicit Sexual ConductRead the Press Release
Oklahoma City, Oklahoma – Today, MARK AVERY SUMPTER, 43, from Oklahoma City, pleaded guilty to traveling to Colorado to pick up a 13-year-old girl to bring her to Oklahoma City to engage in illicit sexual conduct, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma.
According to court records, on June 27, 2014, the Oklahoma City Police Department (OCPD) notified the FBI that they had recovered an endangered 13-year-old runaway girl who was reported missing to the Douglas County Sheriff’s Department in Douglas County, Colorado. An investigation of social media accounts were traced to an IP address located in Oklahoma City. When OCPD officers responded to the address they found Sumpter and the missing girl. Sumpter and the girl communicated through the website chathour.com, Skype (a Voice Over Internet Protocol service that allows users to communicate through a computer or other wifi-compatible device), and Kik (a social media application designed for mobile technology that utilizes usernames, rather than phone numbers, to connect people via instant messaging). After exchanging messages and sexually-explicit photos, Sumpter traveled to Colorado to pick up the girl and return to Oklahoma City where they stayed for several days, from approximately June 21, 2014 through June 27, 2014. During the trip from Colorado to Oklahoma and at the Oklahoma City apartment, Sumpter engaged in illicit sexual conduct with the 13-year-old girl. Reference is made to the court record for further information.
Mr. Sumpter was indicted by a federal grand jury on August 20, 2014. During the plea hearing today, Sumpter admitted that he traveled from Oklahoma City to Colorado and picked up the 13-year-old girl, with the purpose of returning to Oklahoma City to engage in illicit sexual contact.
At sentencing, Sumpter faces a mandatory minimum of ten years and up to life in prison. A sentencing hearing will be set by the court in approximately 90 days.
This case is the result of an investigation by the Douglas County Sheriff’s Department (Colorado), the Oklahoma City Police Department, the Edmond Police Department, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorneys Brandon Hale and Julia E. Barry.
- Multiple Narcotics Trafficking Results in Significant Sentences
Louisville Felon Sentenced to 162 Months in Prison for Robbing Multiple Jefferson County Restaurants and Brandishing A FirearmRead the Press Release
– Federal Prosecution resulted from “Project Recoil”
LOUISVILLE, Ky. – David J. Hale, United States Attorney for the Western District of Kentucky, announced the sentencing today of a Louisville felon charged with robbing three Jefferson County restaurants. The federal prosecution stemmed from “Project Recoil,” the on-going partnership of multiple Jefferson County, Kentucky law enforcement agencies, created by U.S. Attorney Hale to maximize penalties for the most violent offenders and to reduce violent crime in our community.
Kenneth Dion Flintroy Jr., age 25, was sentenced in U.S. District Court on Monday, November 6, 2014, by Chief Judge Joseph H. McKinley Jr., to 162 months in prison followed by 5 years of supervised release and ordered to pay $5,583 in restitution.
Flintroy pleaded guilty to four counts of a seven count indictment, on Monday, August 4, 2014, in Louisville. He admitted to robbing the McDonald’s located at 7426 3rd Street Road and the Papa John’s store located at 6902 Southside Drive on April 16, 2013. Further, he admitted to brandishing a firearm while robbing the McDonald’s located at 8600 Dixie Highway on May 2, 2013. The federal robbery charges are brought pursuant to the Hobb’s Act, which criminalizes robberies that affect interstate commerce.
This case was prosecuted by Assistant United States Attorneys Tom Dyke and Amanda Gregory and was investigated by the Louisville Metro Police Department.
Friday 31 October 2014
Worship Minister Charged with Receipt and Possession of Child PornographyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Mark Daniel DeHaven (33, Winter Garden) with two counts of receiving child pornography and one count of possessing child pornography. If convicted, he faces a minimum mandatory sentence of five years, up to 20 years in federal prison for each count of receiving child pornography, and up to 20 years in prison for the possession count. DeHaven was arrested and made his initial appearance in federal court on October 30, 2014. He is being detained pending trial.
An indictment is merely a formal charge that a defendant has committed a violation of one or more federal criminal laws, and every defendant is presumed innocent unless, and until proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Winter Garden Police Department. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This 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 (CEOS), 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.projectsafechildhood.gov.
Week in Review – South BendRead the Press Release
South Bend, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEA
- Gail Waymire, 58, of La Porte, Indiana pled guilty to the felony offense of wire fraud. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation. Sentencing has been set for 02/04/2015. This case is being prosecuted by Assistant United States Attorney Jesse M. Barrett.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS
- Maricruz Mendoza, 40, of Elkhart, Indiana was sentenced to 24 months supervised probation, 6 months home detention and ordered to pay $81,452.25 in restitution after pleading guilty to the felony offense of theft of government property. According to documents filed in this case, from in or around August 2009 through September 2011, Mendoza applied for and received, at various times, extended unemployment insurance benefits through the State of Indiana Department of Work Force Development using another identity. Mendoza submitted weekly vouchers using another identity and intentionally falsely answered a question about whether she was working during the specified week. This case was the result of an investigation by the Indiana Department of Workforce Development and Department of Labor. This case was prosecuted by Assistant United States Attorney Barbara Brook.
- Alfonso Serrano, 46, of Logansport, Indiana was sentenced to 60 months imprisonment with 4 years supervised release after pleading guilty to the felony offense of conspiracy to distribute a controlled substance (more than 500 grams of cocaine). According to documents filed in this case from March 2012 up to and including November 2013, Serrano conspired with several individuals in distributing cocaine in the Logansport area. On several occasions Serrano delivered cocaine to an individual he did not know was working for law enforcement. This case was the result of an investigation by the Drug Enforcement Agency. This case was prosecuted by Assistant United States Attorney Frank Schaffer.
- Demarcus Moran, 24, of South Bend, Indiana was sentenced to 71 months imprisonment with 3 years supervised release after pleading guilty to the felony offense of possession of a firearm as a convicted felon. According to documents filed in this case, on December 11, 2013, South Bend Police were conducting surveillance and observed Moran and another individual enter a vehicle. Officers stopped the vehicle and it was determined Moran had active felony warrants through St. Joseph County. As officers approached the passenger’s side of the car, they observed Moran attempting to close the glove box. Inside the glove box, officers located a 9mm firearm. Moran, a convicted felon, was interviewed and admitted to possessing the marijuana that was recovered from his pocket. This case was the result of an investigation by the South Bend Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorney Donald Schmid.
Week in Review – HammondRead the Press Release
Hammond, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS
- Laquintin Abbey, 26, of East Chicago, Indiana pled guilty to the felony offense of making a false statement to a licensed firearms dealer in acquisition of a firearm. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Sentencing has been set for 01/13/2015. This case is being prosecuted by Assistant United States Attorney Tom McGrath.
- Nyega Shaqoi Host, 44, of Gary, Indiana pled guilty to the felony offense of being a felon in possession of firearms. This charge was filed as a result of an investigation by the Federal Bureau of Investigation. Sentencing has not been set. This case is being prosecuted by Assistant United States Attorney Tom McGrath.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS
- Robert Lemon, 49, of Chicago, Illinois was sentenced to 15 months of imprisonment, 2 years of supervised release and over to pay $191,449.47 in restitution after pleading guilty to the felony offense of conspiracy to commit mail fraud. According to documents filed in this case, between December 2005 and July 2009, multiple defendants were involved in an insurance fraud scheme wherein they staged automobile accidents in Northwest Indiana and Chicago which resulted in claims and other documents being sent through the United States Mail. Lemon was identified as one of the leaders in the staged automobile accidents which resulted in losses to several insurance companies. This case was the result of an investigation by U.S. Postal Inspection Service. This case was prosecuted by Assistant United States Attorney Toi Houston.
- Dwayne Ashford, 53, of Michigan City, Indiana was sentenced to sentenced to 24 months imprisonment, 2 years of supervised release and to pay $191,449.47 in restitution after pleading guilty to the felony offenses of conspiracy to commit mail fraud and mail fraud. According to documents filed in this case, between December 2005 and July 2009, multiple defendants were involved in an insurance fraud scheme wherein they staged automobile accidents in Northwest Indiana and Chicago which resulted in claims and other documents being sent through the United States Mail. Ashford was identified as one of the leaders in the staged automobile accidents which resulted in losses to several insurance companies. This case was the result of an investigation by U.S. Postal Inspection Service. This case was prosecuted by Assistant United States Attorney Toi Houston.
- Dewayne Hutton, 45, of Merrillville, Indiana was sentenced to three-year term of probation, to include 12 months home detention, after pleading guilty to the felony offense of distribution of crack cocaine. According to documents filed in this case, between November 2011 and January 2012, the FBI utilized a confidential source to purchase crack cocaine and powder cocaine from Hutton in Hammond. This case was the result of an investigation by the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorney Jennifer Chang-Adiga.
- Jose Montoya, 41, of Summit, Illinois was sentenced to 121 months of imprisonment and ordered to pay $20,000 in restitution after pleading guilty to the felony offense of kidnaping. According to documents filed in this case, Montoya was involved in a kidnapping that occurred from on or January 14, 2011 to on or about January 18, 2011. This case was the result of an investigation by the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorney Nick Padilla.
- Eugene Clarke, Jr., a/k/a Imhotep Bey, 64, of Gary, Indiana was sentenced to 41 months imprisonment and ordered to repay $900,000 to the Internal Revenue Service after being convicted by a jury of 7 counts of filing a false claim against the government. Clarke represented himself as the fiduciary of a non-existent trust and filed 7 tax returns, each falsely claiming the trust was entitled to a refund of $300,000. The claims were entirely unsubstantiated. Four of the seven returns Clarke filed were deemed frivolous by the Internal Revenue Service and not processed. Three of the fraudulent were processed resulting in a total payment to Clarke of $900,000. This case was the result of an investigation by the Internal Revenue Service. The case was prosecuted by Assistant United States Attorneys Jacqueline Jacobs and Nick Padilla.
- Rolando Luis Diaz, 32, of Whiting, Indiana was sentenced to 51 months of imprisonment after pleading guilty to the felony offense of possessing a firearm as a convicted felon. This 51 month federal sentence was ordered to be served in the following fashion: 20 months of the sentence will run concurrently to any undischarged term of imprisonment imposed in Lake County, Indiana in case number 45G01-1110-FA-00049, and the remaining 31 months to run consecutively to that state court case sentence. According to documents filed in this case, on September 11, 2011, he knowingly possessed in and affecting commerce a firearm after being convicted of a crime punishable by a term of imprisonment exceeding 1 year. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorney Nicholas Padilla.
- Sandra McGuire, 51, of Gary was convicted of money laundering and sentenced to 1 year of probation to be served on home detention. McGuire, an 18-year employee of the Gary Fire Department, helped a Gary based, drug trafficking organization hide proceeds from the distribution of marijuana and cocaine. McGuire laundered thousands of dollars by running cash proceeds through her bank account, enabling the drug traffickers to legitimize cash and avoid detection by law enforcement. This case was the result of an investigation by the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorney Jacqueline Jacobs.
Week in Review – Fort WayneRead the Press Release
Fort Wayne, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS
- Michael R. Eberle, 29, of Fort Wayne, Indiana pled guilty to the felony offense of bank robbery with the use of a dangerous weapon. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms & Explosives, Fort Wayne Police Department, and the Northeast Indiana FBI Bank Robbery Task Force. Sentencing will be set by separate order by the district court. This case is being prosecuted by Assistant United States Attorney Lovita Morris King.
- Alvaro Rivera-Arvayo, 24, of Fort Wayne, Indiana pled guilty to the felony offense of knowingly possessing with the intent to distribute 100 kilograms or more of marijuana. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by Homeland Security Investigation, Drug Enforcement Administration, Indiana State Police, Allen County Drug Task Force, Allen County Police Department, New Haven Police Department and the Fort Wayne Police Department. Sentencing will be set by separate order by the district court. This case is being prosecuted by Assistant United States Attorney Anthony W. Geller.
- Sherri L. Miller, 48, of Howe, Indiana pled guilty to the felony offense of possession with the intent to distribute 50 grams or more of methamphetamine. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the United States Postal Inspection Service, Drug Enforcement Administration, Indiana State Police, Allen County Police Department and the Kendallville Police Department. Sentencing will be set by separate order by the district court. This case is being prosecuted by Assistant United States Attorney Lovita Morris King.
- Orlando Paschall, 23, of Fort Wayne, Indiana pled guilty to the felony offense of conspiracy to commit robbery. The magistrate judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives, Fort Wayne Police Department, Allen County Police Department and the New Haven Police Department. Sentencing will be set by separate order by the district court. This case is being prosecuted by Assistant United States Attorney Tina L. Nommay.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
DISPOSITIONS
- Courtney Crusoe, 25, of Fort Wayne, Indiana was sentenced to 3 years probation and ordered to pay $86,338.26 in restitution after pleading guilty to the felony offense of conspiracy to commit money laundering. According to documents filed in this case, during the course of an investigation, Crusoe was identified as an employee of Wells Fargo Bank. Bank records were obtained, bank representatives were interviewed and it was discovered that during his employment a secondary joint account was opened without the customer’s knowledge from which Crusoe had made unauthorized withdrawals. This case was the result of an investigation by the Internal Revenue Service. This case was prosecuted by Assistant United States Attorney Lovita Morris King.
- Bruce T. King, 36, of Fort Wayne, Indiana was sentenced to 70 months imprisonment with 2 years supervised release after pleading guilty to the felony offense of being a convicted felon in possession of a firearm. According to documents filed in this case, on January 24, 2014, a FWPD officer was on patrol when King was driving and made a turn without signaling. The officer conducted a traffic stop. King ran from the vehicle and fell. While falling to the ground, a handgun fell from King’s waist. King had a prior felony conviction that precludes him from possessing firearms. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Fort Wayne Police Department. This case was prosecuted by Assistant United States Attorney Lesley J. Miller Lowery.
- Brandon A. Peters, 26, of Fort Wayne, Indiana was sentenced on two federal felony convictions: first, to 16 months of imprisonment for robbery and second, a consecutive 84 months sentence on a gun count. The court also imposed a term of 2 years supervised release, $3,817 in restitution to the pharmacy. Peters had pleaded guilty to the felony offense of robbery involving a controlled substance and brandishing and using a firearm during and in relation to a crime of violence. According to documents filed in this case, on September 25, 2012, Peters robbed CVS Pharmacy of controlled substances at gunpoint. Peters was identified driving a black Ford truck at a high rate of speed. Officers gave chase and during the pursuit tire-deflation devices were utilized, and the truck eventually stopped, ending in the arrest of the sole occupant of the truck, Peters. This case was the result of an investigation by Federal Bureau of Investigation and the Fort Wayne Police Department. This case was prosecuted by Assistant United States Attorney Anthony W. Geller.
Washington Parish School Board Required to Institute Training and Standard Operating Procedures for Asbestos Handling After Charges It Violated Clean Air ActRead the Press Release
U.S. Attorney Kenneth A. Polite announced today that his Office has agreed to defer prosecution on the bill of information it filed against the WASHINGTON PARISH SCHOOL BOARD (“SCHOOL BOARD”) charging it with a felony violation of the Clean Air Act for failing to notify the Louisiana Department of Environmental Quality of the 2011 demolition of the Old Pine High School which contained regulated asbestos containing material.
According to court documents, in 2011, due to persistent vandalism and an inability to sell the vacant former Pine High School, located at 27164 Highway 62 in Franklinton, Louisiana, the SCHOOL BOARD decided to demolish the school and clear the site. Despite the fact that the SCHOOL BOARD had an asbestos management plan for the former Pine High School which showed that at the time of the last inspection in 2007 there was greater than 31,000 square feet of floor tiles suspected of containing asbestos material, the SCHOOL BOARD failed to make any notification or report to the Louisiana Department of Environmental Quality that it intended to demolish the school in violation of Title 42, United States Code, Section 7413(c)(2)(B) and Title 40, Code of Federal Regulations, Section 61.145(b).
The School Board has since remediated the site and has begun steps to comply with a host of compliance requirements in the deferred prosecution agreement with the government, including training and instituting standard operating procedures for future handling of confirmed and suspected asbestos containing material wherever found during the maintenance of the SCHOOL BOARD’s remaining facilities as well as during construction and demolition of the SCHOOL BOARD’s properties. This includes a requirement that any contract for construction, renovation, remediation, demolition, or project that implicates environmental regulations or laws shall be let in accordance with Louisiana law and any solicitations for bid or proposal shall set forth specifically all environmental concerns and obligations of the contractor and the SCHOOL BOARD. In 2011, the demolition of the former Pine High School had not been let for public bid, but was privately negotiated and agreed to in a purchase order.
The SCHOOL BOARD will be under the deferred prosecution agreement for two years. If the SCHOOL BOARD is in full compliance with all of its obligations under the agreement and has not committed any negligent or knowing violations of state or federal criminal law at the end of the two years, the United States Attorney’s Office will request that the district court dismiss, with prejudice, the bill of information. This matter is currently pending before U.S. District Judge Lance M. Africk.
U.S. Attorney Polite praised the work of the Environmental Protection Agency-CID and the investigators with the Louisiana Department of Environmental Quality-CID in investigating this matter. Assistant United States Attorney Emily K. Greenfield is in charge of the prosecution.
(Download Agreement )
Virginia Woman Charged Federally with Identity TheftRead the Press Release
The United States Attorney for the Middle District of Pennsylvania, announced that criminal proceedings have been initiated against Deshanell Cannon, age 23, of Portsmouth, Virginia.
According to U.S. Attorney Peter Smith, a criminal information was filed today in U.S. District Court in Scranton charging Cannon with identity theft in connection with the unlawful use of a bank account number of a legitimate account holder on fraudulent gift cards and credit/debit cards. The case arose as a result of investigations by the Pennsylvania State Police and Dickson City Police and seizures of suspected credit/debit and gift cards from a vehicle in March 2014. The federal investigation was conducted by the U.S. Secret Service.
The government also filed a plea agreement in the case, which must be approved by the court.
Cannon allegedly used fraudulent credit cards to gain access to the identification of another person.
Cannon faces a mandatory term of imprisonment of 24 months and a fine in the amount of $250.000.
Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
United States Attorney Danny C. Williams Sr. Announces Preparations for Justice Department's Election Day ProgramRead the Press Release
TULSA, Okla. — United States Attorney Danny C. Williams Sr. announced today that Assistant U.S. Attorney (AUSA) Charles M. McLoughlin will lead the efforts of his Office in connection with the Department of Justice’s nationwide Election Day Program for the upcoming November 4, 2014 elections. Assistant U.S. Attorney McLoughlin has been appointed to serve as the District Election Officer (DEO) for the Northern District of Oklahoma, which encompasses 11 counties, including Tulsa. The DEO is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Department of Justice’s Headquarters in Washington, D.C.
United States Attorney Williams said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.” He added, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The voting franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the voting franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO McLoughlin will be on duty in this District while the polls are open. He can be reached by calling (918) 382-2700 or by email at [email protected].
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The FBI can be reached by calling at (918) 664-3300.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or
(202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.United States Attorney Announces Election Day ProgramRead the Press Release
United States Attorney James L. Santelle announced today that he has appointed two experienced Assistant United States Attorneys to lead the efforts of his office in connection with the United States Department of Justice’s nationwide Election Day Program for the upcoming November 4, 2014 elections. United States Attorney Santelle appointed Richard G. Frohling and Gordon P. Giampietro to serve as Election Officers for the Eastern District, which covers 28 counties in the eastern one-third of the State of Wisconsin, including Milwaukee. As Election Officers, AUSA Frohling and AUSA Giampietro are responsible for overseeing the District’s handling of complaints of voting rights abuses and election fraud in consultation with officials of the Justice Department Headquarters in Washington, D.C.
In making this announcement, United States Attorney Santelle said: “Every citizen must be able to vote without interference, discrimination, or other unlawful conduct that limits or prevents full access to the polls. Our office, in combination with our colleagues at the Justice Department in Washington, will act promptly and effectively to protect the integrity of the election process.” United States Attorney Santelle added: “The franchise is the cornerstone of our American democracy. We must ensure that those who are entitled to vote are permitted to do so and that those who seek to compromise our system of elective government are brought to justice.”
The United States Department of Justice has an important role in deterring discrimination and fraud at the polls and combating these violations whenever and wherever they occur. The Justice Department’s long-standing Election Day Program furthers these goals and also seeks to ensure public confidence in the integrity of the election process by providing to the public local points of contact to report possible voting rights violations while the polls are open on Election Day. As Attorney General Eric H. Holder, Jr. recently reaffirmed: “This Department will never yield in its commitment to protecting that most sacred of Americans’ rights—the right to vote.”
Federal law protects against crimes such as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also includes special protections of the rights of voters and specifically provides that they can vote free from acts of intimidation or harassment. For example, the actions of persons designed to interrupt or intimidate voters at polling places by questioning, challenging, photographing, or videotaping them, under the pretext that these are actions intended to reveal illegal voting, may violate federal voting rights law. Federal law also protects the right of voters to mark their own ballots or to be assisted by persons of their choice.
In order to respond to complaints of voting rights abuses or election fraud on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, AUSA Frohling and AUSA Giampietro will be on official duty while the polls are open. AUSA Frohling can be reached by calling (414) 297-4528, and AUSA Giampietro can be reached at (414) 297-1083.
In addition, the Federal Bureau of Investigation (FBI) will have Special Agents available in each Field Office and Resident Agency throughout the country, including those in the State of Wisconsin, to receive allegations of election abuses and fraud on Election Day. The FBI in Milwaukee can be reached by calling (414) 276-4684.
Complaints about possible violations of the federal voting rights laws can also be made directly to the Civil Rights Division’s Voting Section in Washington by telephone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected], or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
U.S. Attorney’s Office to Conduct Election Day Monitoring Election Day Hotline: (312) 469-6157Read the Press Release
CHICAGO The U.S. Attorney’s Office will monitor the general election in Chicago and surrounding suburbs on Tuesday, Nov. 4, 2014, Zachary T. Fardon, United States Attorney for the Northern District of Illinois, announced today. As part of the monitoring effort, the office will operate a hotline for candidates or the public to call to report any complaints relating to voting. In addition, Assistant U.S. Attorneys and other personnel will be monitoring certain polling places, while other attorneys will be available to respond to complaints as needed.
The hotline number, staffed on Election Day only, is (312) 469-6157.
“This office has a long tradition of monitoring the polls on Election Day to help protect the integrity of the voting process,” Mr. Fardon said. “No one who is entitled to vote should in any way be inhibited from doing so, and we stand ready to ensure a fair process for all.”
Assistant U.S. Attorney Stephen Heinze coordinates the office’s election monitoring efforts and subsequent investigations, if any, in consultation with the Justice Department. The Chicago Office of the Federal Bureau of Investigation and the U.S. Marshals Service will assist in this effort by following up, if necessary, on any election fraud and voting rights complaints.
Complaints about ballot access problems or discrimination can also be made directly to the Civil Rights Division’s Voting Section in Washington at 1-800-253-3931 or 202-307-2767.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
Violations of federal voting rights statutes carry penalties ranging from 1 to 10 years in prison and fines up to $250,000.
U.S. Attorney’s Office Names Election Officer and is Available to Accept Election Day Calls Concerning ElectionRead the Press Release
GRAND RAPIDS, MICHIGAN – U.S. Attorney Patrick Miles announced today that his office will accept calls during and after regular hours on November 4 concerning alleged election fraud or interference with the exercise of the right to vote. Miles appointed veteran federal prosecutor Don Daniels as Election Officer for the 49 counties in the Western District of Michigan. “Fair elections are critical. Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The U.S. Department of Justice will act promptly and aggressively to protect the integrity of the election process,” said U.S. Attorney Miles.
In order to respond to complaints of election fraud or voting rights abuses on election day, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Miles stated that the public can reach Assistant U.S. Attorney Daniels or an attorney in his office by dialing (616) 808-2014. Daniels joined the U.S. Attorney’s Office in 1980 and has served as the Office’s Executive Counsel for the past 15 years. He leads the Office’s Criminal Civil Rights Violations Task Force which Miles established in 2012.
In addition to the U.S. Attorney’s Office Election Officer, the FBI will have special agents available throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI offices can be reached at (616) 456-5489 (Grand Rapids), (517) 336-8367 (East Lansing), and (906)-226-2058 (Marquette).
Complaints about possible violations of the federal voting rights laws can be made directly to the U.S. Department of Justice Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by online complaint form at:
http://www.justice.gov/crt/complaint/votintake/index.php.
The U.S. Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also provides that voters can cast their ballot free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them under the pretext that these are actions to uncover illegal voting may violate federal law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
U.S. Attorney Miles added, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the U.S. Department of Justice Civil Rights Division.”
END
U.S. Attorneys Announce Appointment of District Election OfficersRead the Press Release
LEXINGTON, KY - United States Attorneys Kerry B. Harvey and David J. Hale announced the appointment of Assistant United States Attorneys to serve as District Election Officers in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014 general elections.
Assistant United States Attorney Ken Taylor has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Kentucky and Assistant United States Attorney Josh Judd has been appointed to serve as the DEO for the Western District of Kentucky. In that capacity they are each responsible for overseeing their Districts’ handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
“Every citizen has a right to vote without interference or discrimination and to have that vote counted in a fairly conducted election,” stated Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky. “The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
“Ensuring free and fair elections depends in large part on the cooperation of the American electorate,” stated David J. Hale, United States Attorney for the Western District of Kentucky. “It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division of the Justice Department.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Josh Judd will be on duty in Louisville while the polls are open. He can be reached by the public at the following telephone number: (502) 625-7049. AUSA/DEO Ken Taylor will be on duty in Lexington, while the polls are open and can be reached by the public at the following telephone numbers: (859) 685-4874 or (859) 321-9488.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI field offices can be reached by the public at (859) 246-4700 in Lexington and (502) 263-6000 in Louisville.
Complaints about ballot access problems or discrimination can be made directly to the Civil Rights Division’s Voting Section in Washington at 1-800-253-3931 or (202) 307-2767.
U.S. Attorneys Announce Appointment of District Election OfficersRead the Press Release
LOUISVILLE, Ky. - United States Attorneys Kerry B. Harvey and David J. Hale announced the appointment of Assistant United States Attorneys to serve as District Election Officers in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014 general elections.
Assistant United States Attorney Ken Taylor has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Kentucky and Assistant United States Attorney Josh Judd has been appointed to serve as the DEO for the Western District of Kentucky. In that capacity they are each responsible for overseeing their Districts’ handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
“Every citizen has a right to vote without interference or discrimination and to have that vote counted in a fairly conducted election,” stated Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky. “The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
“Ensuring free and fair elections depends in large part on the cooperation of the American electorate,” stated David J. Hale, United States Attorney for the Western District of Kentucky. “It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division of the Justice Department.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Josh Judd will be on duty in Louisville while the polls are open. He can be reached by the public at the following telephone number: (502) 625-7049. AUSA/DEO Ken Taylor will be on duty in Lexington, while the polls are open and can be reached by the public at the following telephone numbers: (859) 685-4874 or (859) 321-9488.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI field offices can be reached by the public at (859) 246-4700 in Lexington and (502) 263-6000 in Louisville.
Complaints about ballot access problems or discrimination can be made directly to the Civil Rights Division’s Voting Section in Washington at 1-800-253-3931 or (202) 307-2767.
U.S. Attorney Promises Vigilance in Protecting Right of Every American to VoteRead the Press Release
Jackson, Miss - United States Attorney Gregory K. Davis announced today that Assistant United States Attorney (“AUSA”) Mike Hurst will lead the efforts of his office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014, general elections. AUSA Hurst has been appointed to serve as the District Election Officer (“DEO”) for the Southern District of Mississippi, and in that capacity, AUSA Hurst is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Davis said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
United States Attorney Davis said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them; under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Davis stated that AUSA/DEO Hurst will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: 601-973-2880.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 601-948-5000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.U.S. Attorney Hickton Appoints District Election Officer to Oversee Complaints Relating to November 2014 ElectionsRead the Press Release
PITTSBURGH - United States Attorney David J. Hickton announced today that Assistant United States Attorney Shaun E. Sweeney has been appointed to serve as the District Election Officer (DEO) for the Western District of Pennsylvania. In that capacity AUSA Sweeney is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Hickton said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney David Hickton stated that AUSA/DEO Shaun E. Sweeney will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: (412) 894-7516.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI field office can be reached by the public at (412) 432-4000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney David Hickton said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
U.S. Attorney Damon P. Martinez, District of New Mexico, Announces Court-Enforcement Settlement Agreement for Albuquerque Police DepartmentRead the Press Release
Remarks as Prepared for Delivery
ALBUQUERQUE – Good afternoon and thank you for being here. I am joined by my colleague Vanita Gupta, Acting Assistant Attorney General of the Justice Department’s Civil Rights Division, Mayor Richard M. Berry, and Albuquerque Police Chief Gorden E. Eden, Jr., to announce a new chapter for policing in Albuquerque. The Department of Justice, acting through the Civil Rights Division and the U.S. Attorney’s Office, and the City of Albuquerque have concluded their negotiations following the Department’s April 10, 2014 investigative findings regarding the Albuquerque Police Department. We are announcing today that we have reached a court-enforceable Settlement Agreement that will resolve this matter without the need for costly and protracted civil litigation.
This Agreement will implement sustainable reforms to ensure high quality, effective and constitutional police services for Albuquerque. It is also a roadmap for rebuilding the bond between the community and the police officers who risk their lives every day to protect the public.
Acting Assistant Attorney General Gupta will be going into further detail into some of the innovative and unique features of this comprehensive agreement, but before she does so, I want to address several critical points about this landmark Agreement. First, I want to thank the Albuquerque community for being fully engaged and involved throughout this process. Your contributions during the investigation and following the release of our findings in April have been invaluable. I also want to thank you for your patience during our negotiations. Like any other settlement negotiation, it was important to create the right conditions for candid and direct discussions. As you will see, the Agreement is comprehensive and covers all of the eight areas discussed in our findings letter, and it reflects many of the ideas and suggestions you shared so passionately with us.
As many of you know, the DOJ team engaged in an unprecedented level of outreach to a broad cross-section of stakeholders in Albuquerque, including families of individuals killed as a result of officer-involved-shootings; police officers and their families; advocates for civil rights, mental health, the homeless and immigrants; the faith-based community; and the business community. Over the course of DOJ’s involvement, we have held multiple community meetings across the City and interviewed almost 700 individuals. We also had more than 40 meetings attended, in total, by more than 500 police officers, in addition to several meetings with more than 50 members of the Albuquerque Police Officers Association. We received and responded to hundreds of calls to our community telephone line and more than 1000 emails sent to our community email box. We also met with numerous stakeholder groups to gain their perspective.
We brought what we learned about the path forward for APD to the negotiation table. As you read through this 106-page Agreement, you will find this Agreement is specifically tailored to the unique needs of the Albuquerque community and APD. It reflects Albuquerque’s ideas, Albuquerque’s values and Albuquerque’s aspirations for the Albuquerque Police Department.
For example, the Agreement provides greater controls in the use and deployment of specialized units. In some cases, units intended to serve investigative functions had evolved into their own tactical units with special weapons, but without the proper supervision or oversight. The Agreement requires ongoing monitoring, inspections, and supervision, so that tactical units restore their mission as units dedicated to saving lives in high-risk situations, and that other units do not become unofficial SWAT teams.
One of the investigative units identified as problematic was the Repeat Offender Program, known as “ROP.” The City has agreed to dismantle ROP within 90 days of the Agreement’s effective date. Disbanding ROP is a small piece of the greater effort to ensuring constitutional, effective policing.
I would now like to address the rank-and-file of the Albuquerque Police Department. I want to thank you for your professionalism throughout this process and for recognizing that this process will help bring the support that you need to carry out your duties effectively and in accordance with the laws that you were sworn to uphold. I thank you for the difficult work that you do to keep our people safe and for being in the front line of the reform effort.
The DOJ team spent many hours in early morning briefings and late night shifts listening to your concerns, and we are grateful for your willingness to express your views honestly and constructively. In those discussions, we learned that officers are not afraid of greater accountability for using force, but that they do have serious concerns with perceptions that the disciplinary system is inconsistent and arbitrary. Today’s Agreement requires that APD develop a fair and consistent disciplinary system and that supervisors are held accountable for the quality of their reviews. Ms. Gupta will discuss in further detail how the Agreement responds to other concerns raised by our officers.
I want to thank the people of Albuquerque for coming together to face these challenges. Another very important, related challenge for Albuquerque involves our behavioral healthcare system. We know that mental health providers and other community stakeholders have formed a city-county task force to explore solutions to the challenges facing many individuals who have serious mental illnesses or who are chronically homeless. That dialogue and action is critical and it will help support APD as it develops and strengthens its specialized responses to people in crisis.
We also commend the inspiring efforts made by the faith community to join together and discuss solutions and facilitate peaceful demonstrations regarding APD and for the work that you do every day to meet the needs of the most vulnerable residents of our City.
We thank the Albuquerque community as a whole because your work has made a difference and this Agreement reflects that work. We now stand here with you, with APD and its officers, and the City of Albuquerque to write the next chapter of APD – one that will be guided and given a sense of purpose by the commitments embodied in this Agreement.
The parties have signed a commitment letter outlining next steps. That letter confirms that DOJ and the City of Albuquerque will sign the Agreement no later than Nov. 10, 2014, after the Agreement is presented by the Mayor to the City Council next week for the Council’s consultation and endorsement. The parties will then file the Agreement with the United States District Court. Following court approval of the Agreement as a court order, the implementation of the Agreement will be supervised by an independent monitor who, in turn, will be supervised by the court. The monitor will compile and produce compliance reports that will be publicly available, and will engage with community stakeholders to keep the public informed about the Agreement’s implementation on an ongoing basis.
In closing, I want to reiterate that this Agreement will advance meaningful and measurable reforms that ensure effective policing and build community trust for our police officers. Throughout this process, the DOJ team and I repeatedly have said that the vast majority of APD officers are honorable law enforcement professionals who risk their physical safety and well-being for the public on a daily basis. We say this because it’s true. Our officers’ work is not easy and their duties often are performed under difficult and dangerous circumstances. We are optimistic about APD’s future because so many of its officers are committed to making our neighborhoods safer places to live, work and play, and doing so with integrity and in compliance with the Constitution and the law. This Agreement will help our officers carry out their duties while protecting their safety and their rights.
We are confident that our community will support APD through this reform process because they want APD to succeed. We believe that the people of Albuquerque are committed to being part of the dialogue necessary to ensure that these reforms promote constitutional policing while giving the men and women of the Albuquerque Police Department the support they need to fight crime effectively.
I will now turn the podium over to Vanita Gupta who will discuss some of the more significant features of the Agreement.U.S. Attorney Appoints Election OfficerRead the Press Release
HONOLULU – United States Attorney Florence T. Nakakuni announced today that Assistant United States Attorney (AUSA) Lawrence L. Tong will lead the efforts of her office in connection with the Justice Department's nationwide Election Day Program for the upcoming November 4, 2014, general elections. AUSA Tong has been appointed to serve as the District Election Officer (DEO) for the District of Hawaii and in that capacity is responsible for overseeing the USAO's handling of complaints of election fraud and voting rights abuses in consultation with Justice Department headquarters in Washington.
United States Attorney Nakakuni said, "Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process."
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department's long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Nakakuni stated that AUSA/DEO Tong will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: (808) 541-2850.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (808) 566-4300.
Complaints about ballot access problems or discrimination can be made directly to the Civil Rights Division's Voting Section in Washington at 1-800-253-3931 or (202) 307-2767.
United States Attorney Nakakuni said, "Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my office, the FBI, or the Civil Rights Division."
U.S. Attorney Announces Hardin County Woman Indicted for Mail and Wire FraudRead the Press Release
Memphis, TN – Edward L. Stanton III, United States Attorney for the Western District of Tennessee, announced today that Martha Marie Bizzell, age 42, of Crump, Tennessee was indicted earlier this week by a federal grand jury sitting in the Western District of Tennessee on charges of mail and wire fraud.
According to the 17-count indictment, Martha Bizzell was appointed as guardian of a husband and wife who were disabled adults in Peoria County, Illinois. The couple needed the services of a guardian to ensure their physical and financial security and well-being.
The indictment alleges that after being appointed as guardian, Bizzell relocated the couple to the Western District of Tennessee and took over management of their finances. The couple’s estate was then worth approximately $1.5 million. Assets were in the form of stock, real estate, and cash, and included Certificates of Deposit valued at approximately $118,120; an investment account valued at approximately $638,098; Caterpillar stock valued at approximately $585,000 and 52 rental properties located in Illinois.
Bizzell allegedly ordered the sale of the Caterpillar stock, disposed of the couple’s real estate holdings, and withdrew money from investment and savings accounts. The proceeds were then deposited into Bizzell’s bank accounts. From between November 10, 2011 through July 30, 2012, Bizzell took into her personal possession approximately $1,082,342 in funds belonging to the disabled couple.
Bizzell has been charged with three counts of mail fraud and 14 counts of wire fraud. If convicted she faces up to 20 years in prison and a fine of up to $250,000.
This investigation was conducted by the United States Postal Inspection Service and the Federal Bureau of Investigation – Jackson Resident Agency. This case is being prosecuted for the government by Assistant United States Attorney Debra Ireland.
The charges and allegations contained in the indictment are merely accusations, and the defendant is considered innocent unless and until proven guilty.
U.S. Attorney Announces Efforts to Protect Voters and Prevent Fraud in November 2014 ElectionsRead the Press Release
PHOENIX – United States Attorney John S. Leonardo announced today that Assistant United States Attorneys (“AUSAs”) Dominic Lanza and Raymond K. Woo will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming Nov. 4, 2014, general elections. AUSAs Lanza and Woo have been appointed to serve as the District Election Officers (“DEOs”) for the District of Arizona, and in that capacity they are responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Leonardo said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being canceled through fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process. Furthermore, ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting, may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The right to vote is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt the electoral process are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on Nov. 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Leonardo stated that AUSAs Lanza and Woo will be on duty in this District while the polls are open. They can be reached by the public at the following telephone number: (602) 595-2866.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. In Arizona, the local FBI field office can be reached by the public at (623) 466-1999.
Complaints about possible violations of the federal voting rights laws can also be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
RELEASE NUMBER: 2014-061_2014 November Elections
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Two Members of Cherry Hill Group ‘UDH” Are Each Sentenced to 10 Years in Prison for Drug DistributionRead the Press Release
Third Drug Gang Member Pleads Guilty
Baltimore, Maryland – U.S. District Judge George L. Russell, III, today sentenced UDH members Tony Johnson, a/k/a “Tony Mack,” age 27, and Russell Lumpkins, age 25, both of Baltimore, each to 10 years in prison, followed by five years of supervised release, for conspiracy to distribute and possess with intent to distribute crack cocaine and heroin in the Cherry Hill section of Baltimore.Delano Johnson, age 37, of Baltimore, also a member of UDH, pleaded guilty to the same charge on October 30, 2014.
The sentences and guilty plea were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Commissioner Anthony W. Batts of the Baltimore Police Department; and Baltimore City State’s Attorney Gregg L. Bernstein.
According to their plea agreements, Delano Johnson, Tony Johnson and Russell Lumpkins are all longtime drug dealers in the Cherry Hill section of Baltimore. All three were members of the “UDH” organization, which operates in the area of Cherry Hill known as “Up the Hill” or “Up da Hill.” This area is northeast of West Patapsco Avenue and south of Arundel Elementary- Middle School, that extends on the southeastern side approximately to Denham Circle and Bridgeview Road, and that includes Giles Road, Fisk Road, Slater Road, part of Spelman Road, part of Round Road, Claflin Court, Winwood Court, and the surrounding areas. In addition to the drug dealing admitted to by these defendants, members of UDH also committed robberies, homicides, and non-fatal shootings. UDH members and associates have been in a long-running dispute with members of an organization known as “Coppin Court” that is involved in criminal activity in the part of Cherry Hill known as “Down the Hill,” and since at least January 2011, have been in a dispute with members of “Little Spelman,” another organization that is involved in criminal activity in the Down the Hill section of Cherry Hill.Delano Johnson and Russell Lumpkins were two of the main UDH drug suppliers. In 1997, Delano Johnson ran a heroin and crack cocaine shop, which was worked by UDH members on the 2700 block of Spelman Road. From at least 2008, Russell Lumpkins worked with Delano Johnson selling crack cocaine and heroin, and served as Delano Johnson’s right hand man for part of the conspiracy, running another drug shop for Delano Johnson located on Winwood Court. On May 16, 2012, a search was executed at a residence associated with Lumpkins. Law enforcement recovered 124.13 grams of heroin, an additional 535 gel caps containing 88.13 grams of heroin, $4,192 in cash and a digital scale with heroin residue.
Beginning in at least 2006, Tony Johnson began selling crack cocaine in the Cherry Hill neighborhood. In 2013, Johnson sold drugs with fellow UDH members in the Giles/Fisk/Slater area. On November 25, 2013, an undercover officer purchased two ziplock bags of crack cocaine from Tony Johnson in the 2700 block of Giles Street. In January 2013, an officer tried to stop a car being driven by Johnson. Johnson did not stop, but crashed into a curb, fled and was caught by police. Johnson threw away a plastic bag containing 29 ziplocks of cocaine while he continued resisting arrest.
During their participation in the UDH drug conspiracy, Lumpkins, Delano Johnson and Tony Johnson were each responsible for distributing in excess of 280 grams of crack cocaine. Lumpkins and Delano Johnson were also responsible for distributing more than a kilogram of heroin.
Delano Johnson faces a minimum of 10 years and a maximum sentence of life in prison. Judge Russell has scheduled sentencing for February 6, 2015, at 10:00 a.m.
United States Attorney Rod J. Rosenstein praised the ATF, Baltimore Police Department, and Baltimore City State’s Attorney’s Office for their work in the investigation and thanked the FBI, Baltimore County Police Department, Anne Arundel County Police Department, and Baltimore City Sheriff’s Office for their assistance. Mr. Rosenstein thanked Assistant United States Attorneys Andrea L. Smith and Seema Mittal, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
Two Individuals charged in Federal Court with Distribution and Receipt of Child PornographyRead the Press Release
United States Attorney James L. Santelle announced today that federal criminal complaints were issued charging Steven P. Link (47) with one count of receipt of child pornography and three counts of distribution of child pornography and Kory C. Murphy (36) with three counts of receipt of child pornography, all in violation of Title 18, United State Code, Section 2252A(a).
According to the complaint, Sturgeon Bay Police Department officers executed a search warrant at a bookstore named “Untitled and Rare Used Books” that is owned and operated by Mr. Link, as well as an apartment, occupied by Mr. Murphy, located above the bookstore. Law enforcement officers seized numerous computers and media storage devices, searched them, and identified image and movie files containing child pornography.
Both of the defendants appeared in federal court this afternoon before the Honorable James R. Sickel. They were ordered detained in federal U.S. Marshal custody until their detention hearings currently scheduled before Magistrate Judge Sickel on November 3, 2014.
The case is being investigated by the Sturgeon Bay Police Department and is being prosecuted by Assistant U.S. Attorney William Roach.
The public is cautioned that a criminal complaint is merely a formal method of charging an individual and does not constitute an inference of guilt. An individual is presumed innocent until such time, if ever, that the government establishes his guilt beyond a reasonable doubt.
Tarrant County Man Sentenced to 21 Months in Federal Prison for Tax EvasionRead the Press Release
FORT WORTH, Texas — A Tarrant County man was sentenced this morning to 21 months in federal prison for tax evasion, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Jeffrey James was convicted at trial this summer on an indictment charging one count of tax evasion. In addition to the custody sentence, U.S. District Judge McBryde ordered that James pay $32,509 in restitution. He must surrender to the Bureau of Prisons on November 21, 2014.
At trial, the government presented evidence that between 2006 and 2009, James embezzled more than $250,000 from the Las Colinas Country Club in Irving, Texas, where he was employed as Director of Club Accounting. James had held that position for 15 years. James evaded assessment and payment of taxes by failing to disclose his stolen money on his federal income tax return.
The government presented evidence that during calendar year 2008, James, a married resident of Richland Hills, Texas, attempted to evade and defeat a large part of the federal income tax he and his spouse owed for calendar year 2007 by filing a fraudulent joint federal income tax return. That return stated, according to evidence presented, their joint taxable income for calendar year 2007 was $57,542, and tax due and owing was $5,639. In fact, as James well knew, their joint taxable income for that year was $153,959, of which tax due and owing was $32,059.
Internal Revenue Service Criminal Investigation investigated the case. Assistant U.S. Attorneys Doug Allen and Chris Wolfe prosecuted.
Tahlequah Woman Pleads Guilty to Interstate Travel in Aid of Racketeering EnterpriseRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that ELIZABETH PORTUGAL, age 28, of Tahlequah, Oklahoma pled guilty on October 29, 2014, to Interstate Travel or Transportation in Aid of Racketeering Enterprises, in violation of Title 18, United States Code, Section 1952(a)(3).
Charges are a result of an investigation by the Oklahoma Bureau of Narcotics and was coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma. OCDETF is an initiative led, and coordinated by, the Office of the United States Attorney. The defendant was indicted in July, 2014.
The Indictment alleged that beginning on or about January 29, 2013, the defendant, traveled in interstate commerce from the State of Oklahoma to Bella Vista, Arkansas, and attempted to purchase Oxycodone from Cornerstone Pharmacy with a false prescription with the intent to promote, manage, establish, carry on and facilitate the promotion, management, establishment and carrying on of an unlawful activity, that is, a business enterprise involving narcotics or controlled substances and thereafter performed or attempted to perform an act to promote, manage, establish and carry on, and to facilitate the promotion, management, establishment and carrying on, of such unlawful activity.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant will remain in the custody of the United States Marshal Service pending sentencing.
The statutory range of punishment is not more than 5 years imprisonment and/or up to a $250,000.00 fine.
Assistant United States Attorney Shannon Henson represented the United States.