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Newest first across public DOJ and U.S. Attorney press releases.
31 October 2014
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.”
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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.
Tahlequah Man Pleads Guilty to Possession of a Controlled Substance by DeceptionRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that ROBERT JAMES KOHNE, age 24, of Tahlequah, Oklahoma pled guilty on October 29, 2014, to Obtaining Possession of a Controlled Substance by Deception, in violation of Title 21, United States Code, Section 843(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 Information alleged that on or about March 21, 2013, in the Eastern District of Oklahoma, the defendant knowingly and intentionally obtained possession of Oxycodone, a Schedule II Controlled Substance, by deception, by providing a Walmart pharmacy clerk with a false prescription for Oxycodone.
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 4 years imprisonment and/or up to a $250,000.00 fine.
Assistant United States Attorney Shannon Henson represented the United States.
Tahlequah Man Pleads Guilty to Drug ConspiracyRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that DANIEL WAYNE MAULDIN, age 25, of Tahlequah, Oklahoma pled guilty on October 29, 2014, to Drug Conspiracy, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).
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 in or about January 2010, the exact date being unknown to the Grand Jury, and continuing up to and including the date of the Indictment, in the Eastern District of Oklahoma and elsewhere, the defendant did willfully and knowingly combine, conspire, confederate and agree together, and with others known and unknown to the Grand Jury, to commit offenses against the United States by knowingly and intentionally possessing with intent to distribute and distributing a mixture or substance containing a detectable amount of Oxycodone, a Schedule II Controlled Substance.
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 20 years imprisonment and/or up to a $1,000,000.00 fine.
Assistant United States Attorney Shannon Henson represented the United States.
Software Company CEO and Former Adjunct Columbia Business School Professor Arrested and Charged in Manhattan Federal Court in Connection with Multimillion-Dollar Fraud SchemeRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and George Venizelos, the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that GREGORY RORKE was arrested this morning on securities and wire fraud charges stemming from his alleged scheme to defraud investors in his company, Navagate, Inc. (“Navagate”), of approximately $3 million dollars. RORKE was presented today in Manhattan federal court before United States Magistrate Judge Gabriel W. Gorenstein.
U.S. Attorney Preet Bharara said: “As alleged, Gregory Rorke grossly misrepresented his character and financial stability to investors, whom he then defrauded of millions of dollars. I want to thank the Federal Bureau of Investigation and the Securities and Exchange Commission for their tireless work on this case.”
FBI Assistant Director-in-Charge George Venizelos said: “As alleged, Rorke bilked clients out of approximately $3 million based on lies and false representations of his and Navagate’s financial worth. The arrest of Rorke should serve as a reminder that lying to investors comes at a cost. The FBI will continue to aggressively pursue those who engage in securities fraud in an effort to prevent future victimization of unsuspecting investors and to protect the integrity of the financial market.”
According to the two-count Complaint unsealed today in Manhattan federal court:
From at least December 2009 through the present, RORKE engaged in a fraudulent scheme to mislead investors into making investments in a convertible debt offering (the “Navagate Offering”) in his company, Navagate. RORKE, a former adjunct professor at Columbia Business School, was the co-founder, chief executive, and principal owner of Navagate. RORKE solicited investments and was involved in the daily management and operation of Navagate.
RORKE solicited investor contributions to the Navagate Offering based on materially false and fraudulent misrepresentations. In particular, RORKE signed and provided to investors a personal guarantee supported by a financial statement. The financial statement falsely indicated that Rorke personally had at least $12 million in assets, including more than $1 million in cash, more than $5 million in “readily marketable securities” and a home worth more than $1 million. In truth, and as RORKE well knew, the majority of the pledged assets did not belong to RORKE.
In addition, in order to obtain access to funds invested by Navagate investors and maintained in an escrow account, RORKE signed a notarized affidavit indicating that he had paid monies owed to the Internal Revenue Service in satisfaction of Navagate’s tax liabilities. In truth, the tax liabilities had not been paid, remained outstanding, and were actually increasing.
Further, on November 28, 2012, after receiving multiple complaints from Navagate investors demanding repayment and/or threatening to sue RORKE, RORKE forwarded an email purporting to be from a representative of Hong Kong Shanghai Bank Corporation (“HSBC”), which falsely stated that HSBC had just signed a multimillion-dollar contract with Navagate when, in truth and in fact, the email appears to have been a complete fabrication.
As a result of his fraudulent scheme, RORKE raised approximately $3 million in investor money from more than 30 investors.
RORKE, 60, was arrested this morning at his residence in Bronxville, New York. He is charged with one count of wire fraud and one count of securities fraud, each of which carries a maximum sentence of 20 years in prison. The charges also carry a maximum fine of $5 million, or twice the gross gain or loss from the offense. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
In a separate action, the U.S. Securities and Exchange Commission (“SEC”) announced civil charges against RORKE and Navagate.
Mr. Bharara praised the work of the FBI, and thanked the SEC for its assistance. He added that the investigation is continuing.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF), which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Since the inception of FFETF in November 2009, the Justice Department has filed more than 12,841 financial fraud cases against nearly 18,737 defendants including nearly 3,500 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Andrea M. Griswold and Eugene Ingoglia are in charge of the prosecution.
The allegations contained in the Complaint are merely accusations, and the defendant is
presumed innocent unless and until proven guilty.
U.S. v. Gregory Rorke Complaint
Slippery Rock Man Sentenced to 9 Years in Prison for Sexually Explicit Videos and Images of MinorsRead the Press Release
PITTSBURGH - A Butler County resident has been sentenced in federal court to nine years imprisonment, to be followed by a lifetime of supervised release, on his conviction of receipt and possession of materials depicting the sexual exploitation of a minor, United States Attorney David J. Hickton announced today.
Chief United States District Judge Joy Flowers Conti imposed the sentence on Mark Beres, 54, formerly of Slippery Rock, Pa.
According to information presented to the court, on July 1, 2008, Beres knowingly received visual depictions of minors engaged in sexually explicit conduct by computer and the United States Mail. In addition, or about April 23, 2013, Beres knowingly possessed videos and images in computer graphic files, the production of which involved the use of minors engaging in sexually explicit conduct.
Assistant United States Attorney Jessica Lieber Smolar prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the United States Postal Inspection Service for the investigation leading to the successful prosecution of Beres.
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, 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.justice.gov/psc.
Sewickley Woman Sentenced to 15 Months in Prison for Health Care FraudRead the Press Release
PITTSBURGH – An Allegheny County resident has been sentenced in federal court to 15 months in prison on her conviction of health care fraud, United States Attorney David J. Hickton announced today.
United States District Judge Mark Hornak imposed the sentence on Mary Monica Wilson-Lefler, 64, of Sewickley, PA.
According to the information presented to the court, Wilson-Lefler was a salesperson who offered two durable medical equipment companies in the Pittsburgh area a business arrangement involving special air mattresses, known as powered pressure reducing mattresses or PPRAMS. PPRAMS are designed to reduce serious skin ulcers on patients who are essentially bedridden. She visited long term care (LTC) facilities to find patients, and handled all of the paperwork necessary to enable the DME companies to bill Highmark Blue Cross/Blue Shield's Security Blue Medicare Program. In order to qualify for Medicare coverage for these PPRAMS, a doctor must order the item in writing. In this case, Wilson-Lefler prepared and sent by fax to attending physicians requests for orders for the PPRAMS. The faxed information included patient skin condition reports that falsely reported that the patients all had serious skin ulcers. Some of these patient skin condition reports contained forged signatures of the LTC staff and some had forged signatures of physicians. In reality, none of the patients had serious skin ulcers or any other qualifying conditions that would meet the Medicare coverage requirements. There were about 83 patients from four facilities in whose names the false claims were made. The total billed was approximately $400,000, and the total paid to the two DME companies was about $200,000.
Assistant United States Attorney Nelson P. Cohen prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation and the United States Food and Drug Administration-Office of Criminal Investigations, for the investigation leading to the successful prosecution of Mary Monica Wilson-Lefler.
Sangerville Man Pleads Guilty to Pharmacy RobberyRead the Press Release
Contact: Andrew McCormack
Assistant United States Attorney
Tel: (207) 945-0373Portland, Maine: United States Attorney Thomas E. Delahanty II announced that James
Stile, 58, of Sangerville, Maine, pleaded guilty yesterday in U.S. District Court in Portland to pharmacy robbery.Court records and proceedings reveal that on September 12, 2011, Stile entered the E.W.
Moore and Sons pharmacy in Bingham, Maine and pulled what appeared to be a sawed off shotgun from his pants. Stile pointed the gun at the owner and the three employees who were behind the pharmacy counter. He then ordered the three employees to lie on the floor behind the counter. A customer subsequently entered the store and Stile ordered the customer to go behind the pharmacy counter with the employees. Stile told the owner of the pharmacy to fill a bag with narcotics. As the owner filled the bag with narcotics, Stile tied the hands and feet of the customer and the three employees. Once the bag was full of narcotics, Stile instructed the owner to lie down on the floor. Stile then tied the hands and feet of the owner and fled the store.Stile faces up to 25 years in prison, a $250,000 fine and restitution. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Bureau of Alcohol, Tobacco and Firearms, the
Somerset County Sheriff’s Office, the Piscataquis County Sheriff’s Office, the Maine State
Police and the Maine Drug Enforcement Agency.Sanford Man Sentenced to More Than Six Years for Aiding and Abetting Commercial RobberyRead the Press Release
Orlando, FL – Senior U.S. District Judge John Antoon, II today sentenced Jacques Maddox (23, Sanford) to six years and six months in federal prison for aiding and abetting the attempted robbery of a Walgreens store in Orlando. A federal jury found Maddox guilty on July 9, 2014.
According to testimony and evidence presented at trial, on the night of September 2, 2013, Maddox and his friend, Joe E. Clinton, went to the Walgreens store on South Kirkman Road. After surveilling the store for hours, Maddox and Clinton entered the store for the final time around 11:00 p.m. Maddox acted as a lookout near the center of the store, while Clinton forced the store manager inside the office at gunpoint. Clinton demanded that the manager open the store’s safe, threatening to shoot him if he failed to do so. When the manager refused to comply with Clinton’s demands, Clinton pistol whipped him, striking him several times in the head and shoulders. Clinton then ran out of the office, met up with Maddox in the middle of the store, and pulled his gun on other employees and store customers as he and Maddox fled the scene.
On March 24, 2014, Clinton pleaded guilty to one count of aiding and abetting the attempted robbery of the Walgreens on September 2, 2013, one count of robbery of a CVS store located at 1201 East Colonial Drive in Orlando on September 10, 2013, and two counts of using and carrying a firearm during and in relation to those violent crimes. He faces a maximum penalty of 20 years in prison on each of the attempted robbery and robbery counts. For the firearms convictions, Clinton faces a combined mandatory minimum sentence of 32 years’ imprisonment, to run consecutively to any other prison term imposed. His sentencing hearing is scheduled for November 14, 2014.
This case was investigated by FBI, ATF, and the Orlando Police Department. It was prosecuted by Assistant United States Attorney Joseph M. Schuster.
Russian National and Three Others Charged in Kickback Scheme to Obtain Contracts to Transport Russian Nuclear Fuel to the U.S.Read the Press Release
American Defendants Allegedly Paid Over $1.6 Million in Bribes to Russian National to Obtain
Over $33 Million in Non-compete Contracts
Greenbelt, Maryland - A criminal complaint was unsealed late yesterday charging Vadim Mikerin, age 55, a Russian national residing in Chevy Chase, Maryland, with conspiring to commit extortion in connection with a scheme to obtain contracts from a Russian company without having to compete for the contracts. A separate criminal complaint charges Daren Condrey and his wife Carol Condrey, both age 49, of Glenwood, Maryland, and Boris Rubizhevsky, age 63, of Closter, New Jersey, with conspiring to commit wire fraud in connection with the scheme.The criminal complaints were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; John R. Hartman, Deputy Inspector General for Investigations, Office of Inspector General at the U.S. Department of Energy; and Assistant Director in Charge Andrew G. McCabe of the Federal Bureau of Investigation - Washington Field Office.
“Kickbacks deprive honest competitors of the opportunity to compete for business, and they cheat a company of its right to faithful decisions by its employee,” said U.S. Attorney Rod J. Rosenstein.
In1992, the U.S. and Russia executed an agreement to dispose of Russian highly enriched uranium from disassembled nuclear warheads and for the sale of the material, once down-blended, to U.S. nuclear utility providers. JSC Techsnabexport (TENEX), based in Moscow, Russia, was responsible for the sale and transportation of this material to the United States.
Vadim Mikerin is the general director of TENAM USA, based in Bethesda, Maryland. TENAM is a subsidiary of TENEX. TENEX is a subsidiary of ROSATOM, the Russian State-owned Nuclear Corporation, which is the Russian counterpart organization of the U.S. Department of Energy.
Daren Condrey and Carol Condrey are principals of Transport Logistics International (TLI), based in Fulton, Maryland. Since 1996, TLI has contracted with TENEX to transport uranium from Russia to the U.S. Boris Rubizhevsky is the president of NEXGEN Security (NEXGEN), a New Jersey corporation. From 2011 through 2012, Rubizhevsky served as a consultant to TENAM and to Mikerin.
Beginning in 2006, Mikerin allegedly conspired with the Condreys, Rubizhevsky and others to defraud TENEX by causing contracts for the shipment of uranium from Russia to the U.S. to be awarded to the U.S. defendants and their companies without having to compete for the contracts.
According to the complaints and supporting affidavits, the Condreys and TLI bribed Mikerin to receive lucrative, non-compete contracts from TENEX. TLI has also pursued other business ventures with TENEX for transportation under separate contracts. From at least 1996 to about 2013, the Condreys and others allegedly caused TLI to pay at least $1,692,995 in kickback payments to Mikerin in exchange for receiving over $33 million in noncompetitive contracts from TENEX.
According to the affidavits, in November 2011, Mikerin required a middle man to accept kickback payments. Mikerin used Rubizhevsky and his company, NEXGEN Security, to serve as this middleman.
The affidavits allege that the kickback payments to Mikerin were disguised as consulting fees or other fictitious expenses. The defendants also entered into sham contracts with offshore shell entities knowing that the payments to these entities were in fact being made to Mikerin.
Mikerin faces a maximum sentence of 20 years in prison for the extortion conspiracy. The Condreys and Rubizhevsky face a maximum sentence of 20 years in prison for the wire fraud conspiracy. Daren Condrey had his initial appearance Wednesday, and Carol Condrey and Mikerin had their initial appearances yesterday, in U.S. District Court in Greenbelt. The Condreys were released pending trial. Mikerin was detained pending his detention hearing today at 4:30 p.m. Boris Rubizhevsky had his initial appearance in federal court in New Jersey, and will have his initial appearance in Greenbelt today at 11:15 a.m.
A criminal complaint is not a finding of guilt. An individual charged by complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Rod J. Rosenstein praised the DOE-OIG and FBI for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Adam K. Ake and James A. Crowell IV, who are prosecuting the case.
Rufus Johnson and 3 Others Indicted for Operating Fraudulent Bail Bonds Scheme in Orleans ParishRead the Press Release
U. S. Attorney Kenneth A. Polite announced that RUFUS JOHNSON, age 65, JAMES JOHNSON, age 36, PERRY BECNEL, age 38, and JOSEPHINE SPELLMAN, age 54, all of New Orleans, were indicted today by a federal grand jury for charges of conspiracy to commit honest services fraud, mail fraud, and wire fraud, and conspiracy to obstruct justice. The indictment also charges making false statements to the Federal Bureau of Investigation and a federal grand jury, as well as conspiracy to use interstate transportation in aid of a racketeering enterprise and conspiracy to commit unauthorized access to a protected computer. The defendants are charged as follows:
COUNT
CHARGE
DEFENDANT
RANGE OF PUNISHMENT
1
Conspiracy to Commit Honest Services Fraud, Mail Fraud, Wire Fraud-18 USC 1341, 1343, 1349
All Defendants
NMT 20 Years, NMT 250,000 Fine, NMT 3 Years Sup. Rel.
2
Conspiracy to Commit Use of an Interstate Facility in Aid of Racketeering Activity-18 USC 371
R. Johnson, Becnel
NMT 5 Years, NMT 250,000 Fine, NMT 3 Years, Sup. Release
3
Conspiracy to Commit Unauthorized Access to a Protected Computer-18 USC 371
R. Johnson, Becnel
NMT 5 Years, NMT 250,000 Fine, NMT 3 Years, Sup. Release
4
Conspiracy to Obstruct Justice-18 USC 1512(k)
All Defendants
NMT 20 Years, NMT 250,000 Fine, NMT 3 Years Sup. Rel.
5
False Statements-18 USC 1001
R. Johnson
NMT 5 Years, NMT 250,000 Fine, NMT 3 Years, Sup. Release
6
False Statements-18 USC 1001
R. Johnson
NMT 5 Years, NMT 250,000 Fine, NMT 3 Years, Sup. Release
7
False Statements-18 USC 1001
R. Johnson
NMT 5 Years, NMT 250,000 Fine, NMT 3 Years, Sup. Release
8
False Statements-18 USC 1001
J. Johnson
NMT 5 Years, NMT 250,000 Fine, NMT 3 Years, Sup. Release
9
False Statements-18 USC 1001
J. Spellman
NMT 5 Years, NMT 250,000 Fine, NMT 3 Years, Sup. Release
10
False Declarations before a Grand Jury-18 USC 1623
J. Johnson
NMT 5 Years, NMT 250,000 Fine, NMT 3 Years, Sup. Release
According to the indictment, RUFUS JOHNSON, JAMES JOHNSON, BECNEL, and SPELLMAN conspired to profit by releasing Orleans Parish Prison inmates through various means, including by bribing public employees of the Clerk of Court for Criminal District Court and the Orleans Parish Sheriff’s Office to release inmates on their own recognizance (“R.O.R.”) and to access and alter protected law enforcement databases; by approaching judges for R.O.R.s and bail reductions; and by acting as commercial bail bondsmen without a license through signing other bondsmen’s names and splitting premiums. The indictment also contains allegations that these defendants attempted to obstruct justice and to deny the Federal Bureau of Investigation relevant information. RUFUS JOHNSON, JAMES JOHNSON, and JOSEPHINE SPELLMAN are charged with making false statements to the FBI and the grand jury investigating this matter. The indictment further alleges that JAMES JOHNSON abused his parole power as an elected Member of the Orleans Parish Democratic Executive Committee, lied before a federal grand jury, and schemed to disguise conflicts of interest relating to his legal representation of defendants who had been bonded out of jail by his bonding business.
JAMES JOHNSON is an attorney and member of the Louisiana Bar.
“Today’s indictment shows our continued commitment to rooting out local corruption and fraud,” stated U.S. Attorney Polite., “and it also exposes some of the vulnerabilities in our local criminal justice system that can be exploited by the unscrupulous. The integrity of our local institutions depends upon the integrity of our public employees and elected officials.”
U. S. Attorney Polite reiterated that the indictment is merely a charge and that the guilty of the defendants must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation and would like to acknowledge the assistance of the Metropolitan Crime Commission, the New Orleans Police Department and the Orleans Parish District Attorney’s Office. Assistant United States Attorneys Michael B. Redmann and Mark A. Miller are in charge of the prosecution.
(Download Indictment )
Ronan Counselor Pleads Guilty to Fraudulently Submitting Federal ClaimsRead the Press Release
MISSOULA - A Ronan counselor who defrauded Medicaid of over $40,000 has pleaded guilty to federal charges alleging that he submitted fraudulent claims for counseling public school children whom he had never met. Stanley Fleming, a 56-year-old Licensed Clinical Profession Counselor, pleaded guilty to health care fraud. He will be sentenced on February 12, 2015 and faces 10 years imprisonment, $250,000 in fines and 3 years supervised release.
Assistant U.S. Attorney Chad Spraker told the court that for the past 19 years, Fleming has provided services for the Ronan school district, including determining whether children are eligible for an Individual Education Program under the Individuals with Disabilities Education Act. In July 2009, authorities received a complaint that Fleming had billed for services provided to a child who had never seen Fleming. Medicaid investigators conducted a review of Fleming's billings activities. Fleming told investigators that his computer hard drive and personal digital assistant were compromised by a computer virus in March 2008 which, according to Fleming, caused him to lose all records documenting the services he had rendered before that date. Fleming later produced records for some of the claims, consisting of hand-written notes written on index-card-size sheets of paper. Some of the records lacked a patient name and a date of service. Investigators were able to contact and interview 35 patients, 20 of whom denied receiving any services from Fleming.
Besides billing for non-existent sessions, investigators also determined that Fleming had defrauded the program in other ways.
Billing Medicaid for counselling services where program guidelines did not recommend counseling. In many of these cases, the student or his or her guardian also denied the counseling session took place.
Federal claims were also submitted for counselling services during months when school was not in session and no contact would have been made.
Fleming also billed Medicaid for counseling services on the same day and for the same student that the Ronan school district had billed Medicaid thereby double-billing for the same service rendered.
The case was investigated by the Health Care Fraud Investigator for the U.S. Attorney's Office, the Federal Bureau of Investigation and the Montana Department of Health and Human Services, Surveillance and Utilization Review Unit.
PACER Case Reference: 14-37
Robber Exiled to 15 Years in Prison for Armed Robbery of Oxon Hill Cell Phone StoreRead the Press Release
Greenbelt, Maryland – U.S. District Judge Roger W. Titus sentenced Alexander Michael Bailey, age 25, of Oxon Hill, Maryland, late on October 30, 2014, to 15 years in prison, followed by five years of supervised release, for the armed robbery of an Oxon Hill cell phone store.The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; and Chief Mark A. Magaw of the Prince George’s County Police Department.
Bailey admitted that on July 3, 2013, he entered a cell phone store located in Oxon Hill, brandished a firearm, and ordered everyone on to the floor. Bailey grabbed the store manager and another employee, poked the employee with the firearm, and demanded that the employee open the register and give Bailey the money. The victims feared for their lives and gave Bailey $302 in cash. Bailey fled the store. A short time later, officers from the Prince George’s County Police Department began a lookout for Bailey. One officer saw Bailey nearby and ordered him to stop. Bailey began to run, but after a short chase he was caught and the $302 was recovered from him. During a subsequent interview by police, Bailey provided a written statement admitting that he carried and brandished a firearm during the armed robbery of the cell phone store.
United States Attorney Rod J. Rosenstein commended the ATF and the Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Deborah A. Johnston and Kelly O. Hayes, who prosecuted the case.
Repeat Sex Offender Sentenced for Distribution of Child PornographyRead the Press Release
Christopher Troy Sullivan, 41, of Joelton, Tennessee, was sentenced yesterday, by United States District Court Judge Aleta A. Trauger, to 15 years in prison for distribution of child pornography, announced David Rivera, United States Attorney for the Middle District of Tennessee.
According to court documents, from approximately December 2010 through May 2012, Sullivan possessed and distributed child pornography. Sullivan admitted that he created a fake profile on the social media website “Facebook” to initiate and maintain an online relationship with a teenage girl over the course of several months. During the relationship, Sullivan obtained hundreds of nude and sexually explicit images of the girl. He then distributed those images to others and created additional false online profiles, pretending to be the girl in order to induce other teenage girls to also send him nude images.
Law enforcement officers from the Metropolitan Nashville Police Department seized several items of electronic equipment from Sullivan’s house. Analysis of the equipment revealed that Sullivan had obtained over 1,400 images of child pornography, which were located in hidden electronic file folders.
Upon his release, Sullivan will remain on supervised release for ten years and will be required to participate in sex offender treatment, among other conditions. Sullivan is a registered sex offender who was previously convicted in 2004 of aggravated sexual exploitation of a minor in Davidson County, Tennessee.
This case was investigated by the Metropolitan Nashville Police Department, the Cheatham County Sheriff’s Department, the Davidson County Probation and Parole Office, and the Minnesota Bureau of Criminal Apprehension. The case is being prosecuted by Assistant United States Attorneys Lynne T. Ingram and Louis A. Crisostomo.Remarks by Assistant Attorney General Vanita Gupta Announcing the Agreement to Reform the Albuquerque Police DepartmentRead the Press Release
Remarks as Prepared for Delivery
ALBUQUERQUE, NEW MEXICO
Good afternoon and thank you all for joining us. Thank you, Damon, for your leadership and for your incredible work in Albuquerque and across New Mexico. Throughout this investigation and in other matters, our attorneys and staff have worked side-by-side with the U.S. Attorney’s Office to enforce our national civil rights laws, and we are grateful for your partnership and steadfast support. Thank you, Mayor [Richard] Berry, for joining us to announce this historic agreement today and for your leadership throughout this process.
I also want to thank Chief [Gorden] Eden, Council President [Ken] Sanchez, Albuquerque Police Officers Association President [Stephanie] Lopez, family members, community leaders, invited guests, and the men and women of the Albuquerque Police Department who are joining us here today. I thank you all for coming today.
We are here today to announce a landmark settlement agreement between the Justice Department and the city of Albuquerque that resolves our findings on the use of excessive force and avoids a costly and protracted legal battle on the need for reform. This agreement comes from a mutual commitment by the city and the Department of Justice to ensure that the Albuquerque Police Department works with the community and polices in a manner that respects the rights of residents and that promotes mutual confidence between law enforcement and the community. Constitutional policing is key to building trust between police departments and the communities they serve, and trust is of course key to ensuring public and officer safety.Through this agreement, the city agrees to implement comprehensive police reforms in the way that it recruits, selects, guides, trains, supervises, investigates, and disciplines officers to ensure that officers are held accountable for their use of force and are fully supported in carrying out their duties in an effective, constitutional, and professional manner.
In April, the Department of Justice found that the police department engages in a pattern or practice of excessive force in violation of the Fourth Amendment of the U.S. Constitution.
We specifically found three patterns of excessive force:
- Albuquerque officers too frequently use deadly force against people who pose a minimal threat and in situations where the conduct of the officers heightens the danger and contributes to the need to use force;
- Albuquerque officers use less lethal force, including electronic controlled weapons, on people who are passively resisting, non-threatening, observably unable to comply with orders or pose only a minimal threat to the officers; and
- Encounters between Albuquerque officers and persons with mental illness and in crisis too frequently result in a use of force or a higher level of force than necessary.
The department also found systemic deficiencies of the Albuquerque Police Department which contribute to these three patterns, including: deficient policies, failed accountability systems, inadequate training, inadequate supervision, ineffective systems of investigation and adjudication, the absence of a culture of community policing and a lack of sufficient civilian oversight.
During our investigation and following our findings letter, the Department of Justice engaged in extensive outreach to the many communities that make up Albuquerque. We met with persons who experienced the violation of their rights, concerned community, faith and business leaders, and, importantly, hundreds of rank and file officers. These meetings provided us with essential information on how the problems we identified were perceived by different communities, what the people of Albuquerque value and want in their police department and ideas on the most effective strategies for reform. These many conversations and interviews guided and informed the agreement we reached and we are grateful for every meeting and conversation.
Through these consultations and extensive, candid and productive negotiations, we were able to achieve an agreement that meets the goals of effective and constitutional policing; enhanced officer and public safety, greater trust between officers and the communities they serve, and ongoing community participation and community policing.
Since April, we have been engaged in productive conversations with the City to develop a comprehensive and sustainable blueprint for reform. We are very grateful for the hard work of the chief and his staff, other city officials and the city council for their hard work. These negotiations were serious, candid and problem-solving. They set a strong foundation for us to continue to work together for reform.
This is truly a landmark agreement for the people of Albuquerque.
This agreement:
- Strengthens internal review into use of force and requires continuous performance improvement;
- Requires training that emphasizes de-escalation before force is used;
- Provides officers with the training and tools they need to provide effective crisis intervention and that allows police to work with community providers and stakeholders to address the underlying needs of individuals who are in crisis or with serious mental illness who are in need of supports and services;
- Provides guidelines for the effective use of on-body recording systems;
- Re-focuses the mission of specialized units to ensure that tactical units are trained to save lives in high-risk situations and that investigative units do not stray from their intended purpose and training e trained to save lives in city has agreed to dismantle the Repeat Offender Project, a unit intended to serve investigative functions that had been allowed to become an unofficial tactical unit with special weapons;
- Removes arbitrary deadlines in the filing of civilian complaints against officers;
- Supports the city’s efforts to ensure robust, independent, and effective civilian oversight; and
- Builds on the commitments of surrounding law enforcement agencies that have agreed to investigate officer-involved shootings and other serious uses of force through a multi-agency task force that provides greater reliability and objectivity to sensitive investigations.
The community will be able to measure the success of the agreement as it implemented. For each of the critical provisions, the agreement requires both the collection of information on compliance as well as on outcomes. Much of the data will be available to the public so that the critical civilian oversight functions can be performed. Transparency is an essential component of the agreement and a critical element of reform.
This agreement comes at a time when there is much national attention on the use of deadly force by police officers and whether police departments are meaningfully accountable to the communities that they serve. Albuquerque is not alone in struggling with these difficult issues. At the Department of Justice, we are working with more than two dozen cities and towns across the nation, and we know from that experience that the provisions of this agreement will ensure that the city has an effective, accountable police department that controls crime, ensures respect for the Constitution, and earns the trust of the public it is charged with protecting. Today, effective, accountable police department that controls crime, ensures respect for the Constitution, and earns the trust of the public it is charged with protecting. Today’s agreement can and should be a model – a bright spot – for communities looking for a path forward to make their law enforcement more accountable and police practices more just.
We will continue to actively engage all stakeholders in the implementation of the agreement to ensure that Albuquerque’s policing services meets this goal. A key part of our task is to ensure that the hard work of the many men and women of the police department who serve honorably is not overshadowed by the unlawful behavior of others or by institutional deficiencies that make an already difficult job that much harder. The Department of Justice will remain actively engaged for as long as necessary to ensure sustainable reform and to help restore the community’s trust in its police department. We look forward to working with Albuquerque’s elected officials, the chief and his command staff, rank and file officers and the many, many people who have contributed to this investigation and settlement.
Thank You.Ragley Man, Elton Man Sentenced for Roles in Armed Robbery at Coushatta Tribal ReservationRead the Press Release
LAKE CHARLES, La. –United States Attorney Stephanie A. Finley announced that a Ragley man and an Elton man were sentenced Thursday for participating in a home invasion on the Coushatta Tribal Reservation.
John Harold Materne, 22, of Ragley, La., was sentenced to 37 months in prison for one count of Indian Country crime acts robbery, and 84 months in prison for one count of carrying and brandishing a firearm during and in relation to a crime of violence. The prison terms will run consecutively. He was also ordered to serve eight years of supervised release. Trevor James Simon, 21, of Elton, La., was sentenced to 24 months in prison and three years of supervised release for one count of Indian Country crime acts robbery. United States District Judge Patricia Minaldi presided over the sentencing hearings.
According to evidence presented at the guilty pleas, the defendants along with Floyd H. Martine, Chanten Keith L. Gautreaux and another suspect traveled to the home of an acquaintance on December 3, 2013 to steal illegal drugs. Simon drove the vehicle, while Materne, who was carrying a shotgun, and Martine entered the home. As they were robbing the inhabitants, Gauthreaux entered the trailer and helped take pills and marijuana. The group was arrested while fleeing the scene. Materne and two of the victims are Native American Indians and members of the Coushatta Tribe.
Martine was sentenced on September 18, 2014 to 84 months in prison and eight years of supervised release. Gauthreaux was sentenced on September 11, 2014 to 24 months in prison and two years of supervised release.
Jurisdiction in Indian Country is based upon the unique sovereign relationship between the federal government and Indian tribes. Congress has extended the territorial jurisdiction of the United States to major crimes committed against Native Americans that take place in Indian Country, which includes all property that the government holds in trust or use by officially recognized Native American tribes. The U.S. Attorney’s Office prosecutes all major crimes and misdemeanor cases arising in Indian Country that are within the jurisdiction of this office. The U.S. Attorney’s Office prosecutes cases arising in Indian Country involving felonies where either the defendant or the victim is an Indian or both the defendant and the victim are Indian.
The FBI, ATF, and the Coushatta Tribal Police Department conducted the investigation. Assistant U.S. Attorney Joseph T. Mickel prosecuted the case.
Press Release by United States Attorney Relating to November 2014 ElectionsRead the Press Release
United States Attorney Christopher A. Crofts announced today that Assistant United States Attorney (AUSA) Stephanie I. Sprecher 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 Sprecher has been appointed to serve as the District Election Officer (DEO) for the District of Wyoming, 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 Crofts 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 Crofts stated that AUSA/DEO Sprecher will be on duty in this District while the polls are open. She can be reached by the public at the following telephone number: (307) 261-5434.
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 (307) 632-6224.
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 Crofts 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.”
Owner and Patient Recruiter Sentenced to Prison for Their Roles in $258.5 Million Medicare Fraud SchemeRead the Press Release
An owner and operator of two community mental health centers in Baton Rouge, Louisiana, and a patient recruiter for a community mental health center in Houston, Texas, were sentenced to prison today for their involvement in a $258.5 million Medicare fraud scheme involving partial hospitalization psychiatric (PHP) services.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney J. Walter Green of the Middle District of Louisiana, Special Agent in Charge Mike Fields of the U.S. Department of Health and Human Services Office of the Inspector General’s (HHS-OIG) Dallas Office, Special Agent in Charge Michael Anderson of the FBI’s New Orleans Division, and Louisiana State Attorney General James D. “Buddy” Caldwell made the announcement.
Roslyn F. Dogan, 53, of Baton Rouge, Louisiana, and James R. Hunter, 48, of Houston, Texas, were sentenced by U.S. District Court Chief Judge Brian A. Jackson in the Middle District of Louisiana to 90 months in prison and 60 months in prison, respectively. In addition to the prison sentences, Dogan was ordered to pay $43.5 million and Hunter was ordered to pay $3.2 million in restitution.
After six days of trial, on May 21, 2014, a federal jury found Dogan guilty of conspiracy to commit health care fraud, and two counts of health care fraud, and also found Hunter guilty of conspiracy to commit health care fraud and conspiracy to pay and receive kickbacks.
According to evidence presented at trial, Dogan was a co-owner of Serenity Center of Baton Rouge, and a manager and marketer for both Serenity Center and Shifa Community Mental Health Center of Baton Rouge. Dogan recruited Medicare beneficiaries who were living in nursing homes and assisted living facilities to attend the PHP programs at Shifa and Serenity, knowing the individuals did not need the psychotherapy programs. She then devised methods to keep the patients at the facilities for as long as possible without invoking scrutiny from Medicare, including by having patients involuntarily committed to local inpatient psychiatric hospitals and then discharged and re-admitted to one of the Shifa facilities. Additionally, Dogan directed administrators and therapists at the Shifa Baton Rouge facilities to falsify treatment records indicating that patients had received psychotherapy treatment when, in fact, the patients had not received such treatment. She further concealed the fraud by directing that patient billing statements be intercepted from the mail to prevent the patients from seeing the services that had been billed in their names, and by stealing incriminating documents seized pursuant to a search warrant from federal custody.
Evidence at trial demonstrated that Hunter agreed to recruit Medicare beneficiaries to attend the PHP program at Shifa Community Mental Health Center of Texas in Houston in exchange for $1,500 per week in cash. Hunter recruited Medicare recipients from group homes who were not appropriate for the PHP services, but who agreed to attend the program in exchange for $75 cash per week. To ensure their admittance to the program, Hunter instructed each beneficiary as what to say to physicians regarding their supposed psychiatric symptoms. As a result of the kickback scheme with Hunter, the Houston facility billed Medicare approximately $16.5 million.
According to court documents, the investigation into the three community mental health centers has resulted in the conviction of seventeen individuals, including therapists, marketers, administrators, owners and a medical director. The companies collectively submitted more than $258 million in claims to Medicare for PHP services over a period of seven years. Medicare paid approximately $43.5 million on those claims.
The case is being investigated by HHS-OIG, the FBI, and the Medicaid Fraud Control Unit of the Louisiana Attorney General’s Office, and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Middle District of Louisiana. The case is being prosecuted by Trial Attorneys Abigail Taylor and Dustin M. Davis of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Shubhra Shivpuri of the Middle District of Louisiana.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to: www.stopmedicarefraud.gov.
Ocoee Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Shawn Williams (42, Ocoee) pleaded guilty today to distribution of child pornography. He faces a mandatory minimum of 5 years, up to a maximum of 20 years, in federal prison. Williams will also be required to serve a mandatory minimum of 5 years, up to a life term, of supervision, and to register as a sex offender. A sentencing date has not yet been set.
According to court documents, Williams responded to a sexually explicit Craigslist ad and began conversing online with an Orlando man, William Edward Osman. The two men discussed their mutual interest in child pornography and attempted to make arrangements to meet in person for a sexual rendezvous. On May 9, 2013, Williams used his cell phone to send Osman images of child pornography and they again discussed meeting to share their collections of child pornography. During their conversations, Osman told Williams that he had a one-year-old child. Williams then asked the man to send him “baby pics” and “adult with baby pics.”
On October 15, 2013, special agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) arrested Osman on charges related to the sexual exploitation of children. Agents seized his phone and identified Williams as one of the individuals with whom he had been electronically trading child pornography. Agents arrested Williams at his home on March 13, 2014, at which time he admitted to trading child pornography with Osman.
On September 3, 2014, Osman was sentenced to 60 years in federal prison for the production, distribution, and possession of child pornography.
This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorney Joseph M. Schuster.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
New York Man Imprisoned 75 Months for Heroin Trafficking That Led to Overdose Death of Rutland ManRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that yesterday Joshua Rose, 21, of New York, was sentenced by Chief United States District Judge Christina Reiss to seventy-five months imprisonment on his guilty plea to a charge of conspiracy to distribute 100 grams or more of heroin. At the sentencing hearing the government requested a sentence of 120 months. The defense sought sixty months. Chief Judge Reiss also ordered that Rose serve five years supervised release after his incarceration ends.
According to court documents, Rose trafficked 400 to 700 grams of heroin from New York City to Rutland during 2012. On September 4, 2012, Rose was arrested by the New York Police Department with 110 grams of heroin bound for Rutland. For the next six months, Devon Cruz, 29, and Charles Hercules, 23, both of New York, who had been assisting Rose, continued the heroin trafficking operation. The three New York men sold the heroin in Rutland primarily through several heroin-addicted local residents, including Alan H. Willis, II, 42, of Tinmouth, and Evan Murphy, 23, and Debra Bristol, 49, both of Rutland. On August 29, 2012, approximately one week before Rose’s arrest, David C. Blanchard III, of Rutland, died from an overdose of the heroin distributed by Rose and his associates.
During a joint investigation by the Vermont Drug Task Force (VDTF), the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), and the Rutland Police Department (RPD), investigators used confidential informants to make controlled buys of the heroin from Willis and Murphy in the Rutland area. On July 24, 2013, a grand jury returned an indictment charging Rose, Cruz, Hercules, Willis, Murphy, and Jean Marie Phillips, 47, of Rutland, with conspiracy to distribute 100 grams or more of heroin. On October 2, 2013, Bristol was similarly charged in a criminal information. All of the defendants entered guilty pleas to the conspiracy charge, except Phillips, who pled guilty to aiding and abetting Rose=s possession with intent to distribute heroin. On April 28, 2014, Willis was sentenced to 37 months imprisonment. On May 9, 2014, Phillips was sentenced to 13 months imprisonment. On August 26, 2014, Murphy was sentenced to 60 months imprisonment. On August 27, 2014, Hercules was sentenced to 39 months imprisonment. On October 1, 2014, Cruz was sentenced to 69 months imprisonment. Bristol is scheduled for sentencing on November 3.
United States Attorney Tristram J. Coffin commended the joint investigation by the VDTF, DEA, FBI and RPD, and thanked the Vermont Attorney General=s Office for its cooperation. Coffin added, “The overdose death of David Blanchard is a tragedy. The distribution of heroin devastates families and communities, and too often has lethal consequences, as it did in this case. This office is committed to working with federal, state, and local law enforcement to prosecute the heroin dealers preying on Vermonters and those assisting the dealers.” Burlington attorney Karen Shingler represented Rose. The case was prosecuted by Assistant U.S. Attorney Craig S. Nolan.
New Haven Man Pleads Guilty to Marriage Fraud SchemeRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that SYED NAQSHBAND, 33, of New Haven, waived his right to indictment and pleaded guilty today before U.S. Magistrate Judge Thomas P. Smith in Hartford to one count of conspiracy to commit marriage fraud.
According to court documents and statements made in court, between July and August 2013, NAQSHBAND persuaded a female friend, who is a U.S. citizen, to travel with him to Pakistan and marry his nephew so that the nephew, a citizen of Pakistan, could enter the U.S. NAQSHBAND offered to help pay the woman's travel expenses and assured her she would not have to live with his nephew once they returned to the U.S.
The scheme was disrupted just before the planned travel, when the woman, accompanied by NAQSHBAND, applied for a U.S. Passport and the U.S. Passport Office alerted the FBI of certain suspicious observations.
NAQSHBAND faces a maximum term of imprisonment of five years and a fine of up to $250,000 when he is sentenced by U.S. District Judge Vanessa L. Bryant. A sentencing date is not yet scheduled.
This matter is being investigated by the Federal Bureau of Investigation Joint Terrorism Task Force, the Bureau of Diplomatic Security, the U.S. Passport Office, Homeland Security Investigations and the U.S. Citizenship and Immigration Service’s Office of Fraud Detection and National Security. The case is being prosecuted by Assistant U.S. Attorney Henry K. Kopel.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]New Haven Man Admits Role in Seymour Bank RobberyRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, and Patricia M. Ferrick, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that DANIEL HAMLETT, JR., 28, of New Haven, pleaded guilty today before U.S. District Judge Alvin W. Thompson in Hartford to participating in the robbery of a Seymour bank last year.
HAMLETT JR. pleaded guilty to one count of aiding and abetting bank robbery, which carries a maximum term of imprisonment of 20 years. Judge Thompson scheduled sentencing for January 23, 2015.
On April 9, 2013, an individual wearing a mask and brandishing a black handgun entered the Webster Bank on New Haven Road in Seymour, ordered everyone to get on the floor, jumped over the teller counter and forcibly took $5,594 in cash from two teller drawers. He then jumped back over the teller counter and walked out of the front door of the bank. In pleading guilty, HAMLETT JR. admitted that he entered the bank shortly before the robbery and thereafter was in telephone contact with his father, Daniel W. Hamlett, Sr. After the robbery, HAMLETT JR. picked up Hamlett Sr. in his father’s red Toyota Prius and eluded law enforcement.
On March 13, 2014, a grand jury returned an indictment charging HAMLETT JR. and Hamlett Sr. in connection with this bank robbery. HAMLETT JR. was arrested on March 14, 2014, and his trial was scheduled to begin on November 3, 2014.
Daniel W. Hamlett, Sr. is being sought by law enforcement, and the FBI is offering a reward of up to $5,000 for information leading to his arrest. Citizens with information concerning this case can contact the New Haven Division of the FBI at (203) 777-6311.
As to Hamlett Sr., U.S. Attorney Daly stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the FBI and the Seymour Police Department. The case is being prosecuted by Assistant U.S. Attorney’s Douglas P. Morabito and Sarala V. Nagala.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722 [email protected]Miami-Dade Resident Convicted in Identity Theft Tax Refund Fraud SchemeRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), announce that Wisly Toussaint, of Miami, Florida, was convicted by a federal jury of one count of conspiracy to commit access device fraud, in violation of Title 18, United States Code, Section 1029(b), two counts of access device fraud, in violation of Title 18, United States Code, Section 1029(a), and five counts of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A. Sentencing is scheduled for January 8, 2015 before U.S. District Judge Joan A. Lenard. Toussaint faces a maximum term of 25 years in prison for the conspiracy and access device charges, and at least one mandatory term of two years in prison, consecutive to any other term in prison, for the aggravated identity theft charges.
According to evidence presented during the five-day trial, Toussaint possessed and trafficked in personal identifying information (PII), that is names, dates of birth and social security numbers, stolen from a mental health facility in Philadelphia, Pennsylvania. In October of 2013, Toussaint was approached by two individuals cooperating with law enforcement and agreed to sell the cooperators the stolen PII, which Toussaint stated he obtained from a partner in Sarasota, Florida. Toussaint later sold the cooperators hundreds of identities stolen from the mental health facility in two separately recorded meetings.
Toussaint was also recorded discussing his plans to make $50,000 during the first week of the 2014 tax filing year and the ability to also file for unemployment compensation with the stolen identities.
Mr. Ferrer commended the investigative efforts of the FBI, IRS-CI, and ICE-HSI. The case is being prosecuted by Assistant U.S. Attorney Frank R. Maderal.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Memphis Resident Pleads Guilty to Sex Trafficking of a MinorRead the Press Release
A Memphis man pleaded guilty yesterday to the sex trafficking of a 16 year-old girl, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Edward L. Stanton III of the Western District of Tennessee and Special Agent in Charge Todd McCall of the FBI’s Memphis Division.
During his plea hearing, Laron Matlock, 33, of Memphis, admitted that he purchased a bus ticket for a 16-year-old girl to travel from Chicago to Memphis on July 28, 2012, for the purpose of engaging in prostitution. Matlock further admitted to transporting the victim from Memphis to Nashville for the purpose of prostitution. Matlock was arrested on Aug. 1, 2012, after he returned to Memphis with the victim and attempted to take her to a customer’s house for the purpose of prostitution.
Sentencing is scheduled for Jan. 30, 2015, before U.S. District Judge Jon Phipps McCalla of the Western District of Tennessee.
This case was investigated by the Civil Rights Human Trafficking Taskforce, the FBI’s Memphis Division and the Shelby County Sheriff’s Department. This case is being prosecuted by Trial Attorney Mi Yung Park of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Brian K. Coleman of the Western District of Tennessee.
Memphis Man Pleads Guilty to Sex Trafficking of A MinorRead the Press Release
Memphis, TN – A Memphis man pleaded guilty yesterday to the sex trafficking of a 16-year-old girl, announced U.S. Attorney Edward L. Stanton III of the Western District of Tennessee, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, and Special Agent in Charge Todd McCall of the FBI’s Memphis Division.
“This office will utilize every available resource to ensure our children are protected from those who seek to exploit them through the unspeakable act of sex trafficking,” said U.S. Attorney Stanton. “Laron Matlock’s guilty plea should send a clear message that we have zero tolerance for any form of sex trafficking, and those who engage in it will be aggressively prosecuted and ultimately brought to justice.”
During his plea hearing, Laron Matlock, 33, of Memphis, admitted that he purchased a bus ticket for a 16-year-old girl to travel from Chicago to Memphis on July 28, 2012, for the purpose of engaging in prostitution. Matlock further admitted to transporting the victim from Memphis to Nashville for the purpose of prostitution. Matlock was arrested on Aug. 1, 2012, after he returned to Memphis with the victim and attempted to take her to a customer’s house for the purpose of prostitution.
Sentencing is scheduled for Jan. 30, 2015, before Senior U.S. District Judge Jon Phipps McCalla of the Western District of Tennessee.
This case was investigated by the Civil Rights Human Trafficking Taskforce, the FBI’s Memphis Division and the Shelby County Sheriff’s Department. This case is being prosecuted by Assistant U.S. Attorney Brian K. Coleman of the Western District of Tennessee and Trial Attorney Mi Yung Park of the Criminal Division’s Child Exploitation and Obscenity Section.
Man Sentenced for Assaulting & Resisting A Federal OfficerRead the Press Release
U.S. Attorney Christopher A. Crofts announced that on October 30, 2014, thirty-six year old Delray Quiver of the Wind River Indian Reservation was sentenced by United States District Court Judge Scott Skavdahl, to 70 months imprisonment, three years of supervised release, and a $100.00 special assessment. Mr. Quiver previously pled guilty to this offense, which occurred in January 2013, and stemmed from Mr. Quiver’s actions when a Bureau of Indian Affairs Police Officer attempted to arrest him. This case was investigated by the Federal Bureau of Investigation.
Man Faces up to 10 Years in Federal Prison on Obscenity ConvictionRead the Press Release
LUBBOCK, Texas — A Johnson County man appeared in federal court in Lubbock, Texas, this afternoon and pleaded guilty to a federal child obscenity offense, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Christopher Wayne Howard, 26, of Joshua, Texas, pleaded guilty to one count of transferring obscene material to a minor. He faces a maximum statutory penalty of 10 years in federal prison, a $250,000 fine, and three years of supervised release. U.S. District Judge Sam R. Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report. Howard remains on bond.
According to plea documents filed in the case, in March 2014, Howard engaged in a series of online and telephone texting communications with “Jane Doe,” a person he knew to be a 13-year-old-female. During the communications, Howard often turned the subject to sexually explicit matters. On March 13, 2014, Howard chatted with “Jane Doe” and used an online application to send her an obscene, sexually explicit photograph of an adult male.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the San Angelo Police Department’s Special Operations Division investigated. Assistant U.S. Attorney Steven M. Sucsy is prosecuting.
Lubbock and Lamb County, Texas, Men Sentenced on Federal Child Pornography ConvictionsRead the Press Release
LUBBOCK, Texas — Three defendants, convicted on child pornography offenses in unrelated cases, were sentenced this morning by U.S. District Judge Sam R. Cummings, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
Rocky Joe Williams, 37, of Littlefield, Texas, was sentenced to 10 years in federal prison following his guilty plea in July 2014 to one count of transportation of child pornography. Williams admitted that he used his cell phone and the Google Picasa web photo-sharing site on the Internet to transport numerous images of child pornography. Judge Cummings remanded Williams into custody.
Parker James Chapman, 23, of Lubbock, was sentenced to 30 months in federal prison following his guilty plea in July 2014 to one count of attempted possession of child pornography and aiding and abetting. Chapman admitted that he used his cell phone to communicate with a person he believed to be a minor, under age 18, after responding to an online personal ad. That person, however, was an undercover police officer posing as a 15-year-old female. Chapman requested a photograph of the minor, but after he received a non-sexual image of a minor, Chapman requested something “more interesting.” Chapman admitted that in making this request, it was his intent to receive an image of child pornography. Chapman must surrender to the Bureau of Prisons on December 3, 2014.
Christopher Anthony Lovato, 30, of Lubbock, was sentenced to 10 years in federal prison. He pleaded guilty in July 2014 to one count of possession of child pornography and aiding and abetting. Lovato admitted that he used his cell phone to possess numerous images of child pornography that had been received from the Internet. Lovato was remanded into custody.
The cases were brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Lubbock Police Department Internet Crimes Against Children (ICAC) Task Force and the FBI investigated the cases, and the Littlefield Police Department and the Texas Department of Public Safety also assisted in the investigation of the Williams case. Assistant U.S. Attorney Steven M. Sucsy prosecuted.
Livingston Convenience Store Owner Indicted for USDA Benefits FraudRead the Press Release
FRESNO, Calif. — Bharpur Singh, 39, of Ceres, was indicted Thursday by a federal grand jury for defrauding the U.S. Department of Agriculture’s Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps, United States Attorney Benjamin B. Wagner announced.
According to the indictment, Singh owns and operates Dollar Mart, a convenience store in Livingston that was authorized to accept SNAP benefits from customers to pay for eligible food items through the electronic benefits transfer (EBT) card program. EBT cards, similar to debit cards, are swiped at the point of sale and the cardholder enters a Personal Identification Number. The amount of the purchase is immediately deducted from the customer’s SNAP account and the retailer’s bank account is credited dollar for dollar. Retailers are not permitted to trade cash for SNAP benefits or accept SNAP benefits as payment for ineligible items.
According to the indictment, from October 2008 until May 2014, Singh traded the benefits for cash rather than for eligible food products as required under the program. Singh would swipe a SNAP benefit recipient’s EBT card for a certain amount, give the benefit recipient cash for approximately half the amount of the “transaction,” and keep approximately one-half for himself. On numerous occasions, Singh accepted SNAP benefits as payment for ineligible items, including beer, cigarettes, toilet paper, toys and diapers.
This case is the product of an investigation by the U.S. Department of Agriculture’s Office of Inspector General and the Federal Bureau of Investigation. Assistant United States Attorney Christopher Baker is prosecuting the case.
If convicted of the charges, Singh faces a maximum statutory penalty of twenty years in prison and a $250,000 fine for each wire fraud count, and five years in prison and a $10,000 fine for each count of unauthorized use of USDA benefits. Any sentence, however, would 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. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Latest Participant in OID-1099 Tax Fraud Scheme Sentenced to 18 Months in PrisonRead the Press Release
The latest participant in a well-known fraudulent tax refund scheme will spend 18 months in prison for four counts of filing fraudulent tax returns, announced Acting U.S. Attorney Annette L. Hayes. CHARLES SCOTT BROWN, 54, of Camas, Washington, was sentenced last week and ordered to pay more than $1.2 million in restitution to the Internal Revenue Service. At the sentencing hearing U.S. District Judge Robert J. Bryan told him, “This is a huge tax theft, not a nickel and dime deal. This is a serious, serious offense. I don’t know how someone can do this and not expect to get jail time.”
“This defendant is the latest in a line of U.S. and Canadian scammers illegally claiming huge tax refunds at the expense of law abiding Americans,” said Acting U.S. Attorney Annette L. Hayes. “Now he is paying with his freedom, and with a share of his future earnings for the money he stole.”
Between December 2007, and February 2008, BROWN submitted four fraudulent tax returns, claiming he was owed more than $1.2 million in tax refunds. When the refund checks came in, BROWN used the money for travel to Mexico and Hawaii, shopping sprees at Nordstrom and Zappos.com, and luxury hotel stays with expensive dinners out.
“At IRS Criminal Investigation, our top priority is protecting the integrity of our nation’s tax system,” said Special Agent in Charge Teri Alexander. “Together with the Department of Justice, we have a long history of identifying and prosecuting those who promote and use abusive tax schemes. The 1099 OID scheme that was used by this defendant and others sentenced in this district is particularly troublesome. These individuals not only evaded their legal tax obligation, they took their fraud a step further and attempted to blatantly steal millions from the U.S. Treasury. Our Special Agents are dedicated to ensuring that our tax laws are administered fairly under the law. When unscrupulous individuals such as this defendant seek to take advantage of the taxpaying public, we will be there to bring them to justice.”
Examples of other defendants prosecuted in the Western District of Washington for 1099 OID fraud include:
Franzie F. Colaco,
Nine years in prison
$6 million tax loss
Ronald L. Brekke,
12 years in prison
$6 million tax loss
33 months in prison
$360,000 tax loss
John Chung
One year in prison
$370,000 tax loss
Wonita Chung
18 months in prison
$612,237 tax loss
Raymond Jarlik-Bell
Eight years in prison
$705,276 tax loss
Peter Gibney
One year in prison
$465,136 tax loss
Debra Aaron
Five years in prison
$723,275 tax loss
The IRS has more information on 1099 OID fraud here: http://www.irs.gov/uac/Newsroom/IRS-Releases-the-“Dirty-Dozen”-Tax-Scams-for-2014;-Identity-Theft,-Phone-Scams-Lead-List.
The case was investigated by the Internal Revenue Service Criminal Investigation (IRS-CI). BROWN was prosecuted by Assistant United States Attorney Marci Ellsworth.KC Business Owner among Three Sentenced for $1 Million Scheme to Defraud the ArmyRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that three co-defendants were sentenced in federal court today for their roles in a $1 million wire fraud scheme to sell counterfeit and modified computer equipment to the U.S. Army.
Virgie Dillard, 71, of Lee’s Summit, Mo., the owner of Missouri Office Systems and Supplies, Inc., and an employee, Roland Evans, 45, of Lee’s Summit, and Mark Morgan, 47, of Newport Coast, Calif., were sentenced in separate appearances before U.S. District Judge Gary A. Fenner. Evans was sentenced to 37 in federal prison without parole. Morgan was sentenced to 30 months in federal prison without parole. Dillard was sentenced to five years of probation. The court also ordered Dillard, Evans and Morgan to pay $1,073,022 in restitution to the U.S. Army, for which they are jointly and severally liable.
Dillard, Evans and Morgan have each pleaded guilty to their roles in the conspiracy to commit wire fraud.
Missouri Office Systems and Supplies, Inc. (MOSS), in Kansas City, Mo., sold all types of office machines, including computers, software and other office furniture and supplies. In August 2010, MOSS received a $2.1 million contract from the Army Recreation Machine Program (ARMP) for more than 2,500 Cisco parts – including network hardware, such as transceivers and switches, which allow computers to communicate with other computers. The network hardware was shipped to numerous locations, including ARMP headquarters at Fort Carson in Colorado Springs, Colo., as well as approximately 19 other ARMP locations in the United States and three international ARMP locations.
After receiving that contract, MOSS provided more than $1 million worth of counterfeit products and Cisco products that were used and modified post-manufacture and were obtained outside Cisco’s authorized distribution channels.
Evans handled all of the contracts MOSS had for Cisco products, including all of the contracts MOSS had with ARMP for Cisco products. MOSS provided 2,013 computer products that were improperly sourced, for which ARMP paid $1,073,022. Due to the products being improperly sourced, they were not eligible for Cisco warranties nor were the SMARTnet contracts legitimate. The products were unusable for ARMP and cannot be used in any portion of its computer network.
Dillard and Evans admitted they solicited equipment bids from Morgan’s firm, PRM Technology Equipment, LLC, knowing that it was outside of Cisco’s authorized distribution channels. Between August and December 2010, Dillard and Evans caused 46 purchase orders for products under ARMP contract to be sent to Morgan and PRM. Morgan obtained counterfeit Cisco products and Cisco products which were used and modified post-manufacture outside of Cisco authorized distribution channels. Morgan shipped these products to ARMP, which paid MOSS $1,073,022. Dillard signed the 14 checks that were paid to PRM for those products from the fraudulent proceeds, totaling $856,651.
Between September 2010 and August 2011, Dillard, Evans and Morgan continued to insist to ARMP and to Cisco – in emails, phone conferences and meetings – that MOSS had supplied new, genuine Cisco goods and services which were sourced from Cisco authorized distribution channels and protected by full Cisco warranties as required by the contract. They altered purchase orders and invoices, which they sent to Cisco to make it appear that the products were sourced properly.
This case was prosecuted by Assistant U.S. Attorney Matthew P. Wolesky. It was investigated by the FBI, the Department of Defense – Office of Inspector General and Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).Justice Department Reaches Agreement with the City of Albuquerque to Implement Sweeping Reforms on Use of Force by the Albuquerque Police DepartmentRead the Press Release
ALBUQUERQUE – The Justice Department today announced it has reached a comprehensive settlement agreement with the city of Albuquerque that will bring wide-ranging reforms to the Albuquerque Police Department (APD) and its use of force against civilians. The Justice Department and the city have agreed to enter into a court-enforceable settlement agreement that will overhaul the way in which APD handles use of force by its officers following a year-long investigation into the department’s practices and letter of findings released by the Justice Department in April, 2014. Once the Albuquerque City Council considers the settlement agreement in a special session scheduled for the week of November 3, the Justice Department and the city will file the settlement agreement with the United States District Court for approval and entry as an order.
“The overwhelming majority of our nation’s law enforcement officials perform their duties with exceptional courage, integrity, and professionalism – risking their lives every day to keep their communities safe. But whenever a pattern of troubling conduct is uncovered, or that high standard is not met, the Department of Justice must and will take action,” said Attorney General Eric H. Holder Jr. “The far-reaching agreement we have secured in this case will transform the culture and practices of the Albuquerque Police Department. And I am confident that, with the cooperation of city leaders and brave law enforcement officials, we will take significant steps to restore trust with local citizens and build for Albuquerque’s residents the stronger, safer, and more secure communities that all Americans deserve.”
In addition to use of force practices, the Justice Department’s investigation found that officers routinely use deadly force and less lethal force in an unreasonable manner and that systemic deficiencies in policies, training, supervision, and oversight contributed to the pattern or practice. Following the release of the investigative findings, the Justice Department engaged in extensive community outreach to solicit feedback and recommendations on reform from a wide variety of stakeholders, including police officers, community leaders, mental health advocates, family members, and other Albuquerque residents. The feedback played a critical role in tailoring the settlement agreement to the unique needs of the Albuquerque community and APD.
“Today’s landmark settlement agreement will begin the process of restoring trust and cooperation between the Albuquerque community and law enforcement. Constitutional policing is key to building trust between police departments and the communities they serve, and trust is of course key to ensuring public and officer safety,” said Vanita Gupta, Acting Assistant Attorney General for the Civil Rights Division. “The settlement agreement provides a blue print for sustainable reform that will foster continued collaboration and participation from the community. We thank Mayor Berry, Chief Eden, and all of the individuals who came forward to share their experiences concerning APD to make this historic settlement agreement possible.”
“We are extremely proud of our community and police department for coming together in a time of serious challenges to the City to offer their advice and recommendations on a path forward,” said Damon P. Martinez, United States Attorney for the District of New Mexico. “Reform will not take place overnight and it will take time to heal our community, but we are well on our way. Through the settlement agreement reached today, the City agrees to implement fundamental reforms in a transparent manner that will ensure that force is used in accordance with constitutional rights and that promotes greater trust among the hard working men and women of the Albuquerque Police Department and the residents they are sworn to protect.”Under the settlement agreement, the city and APD will implement comprehensive reforms in nine substantive areas. An independent monitoring team will be selected jointly and will oversee the reforms, which are expected to be implemented within four years. The areas covered by the settlement agreement are:
- Use of force: including requiring supervisors to report to the scene of uses of force; providing medical care to subjects of force immediately after an incident; improving the quality of force investigations; developing a force review board to detect and correct patterns and trends, and utilizing surrounding law enforcement agencies as part of a multi-agency task force to investigate officer-involves shootings to provide greater objectivity and accountability;
- Specialized units: including measures that require clearly defined missions and duties for specialized tactical and investigative units; ensuring that officers are sufficiently trained to save lives in high-risk situations; and dismantling APD’s repeat offender project to restore its core mission as an investigative, rather than tactical, unit;
- Crisis intervention: including establishing a mental health response advisory committee; providing behavioral health training to all officers, police dispatchers, and 9-1-1 operators; and maintaining groups of specially-trained first responders, detectives, and mental health professionals that provide crisis intervention and ongoing support to individuals with serious mental illness or who are chronically homeless;
- Policies and training: including developing clear and comprehensive policies on use of force, preventing retaliation, supporting officers who report misconduct, and improving the field training program to ensure that officers develop the necessary technical and practical skills required to use force in a lawful and effective manner;
- Internal and civilian complaint investigations: including measures to eliminate arbitrary deadlines for the submission of civilian complaints; standards for conducting objective, thorough, and timely investigations; steps to ensure that the disciplinary system is fair and consistent; and protocols to protect officers’ rights against self-incrimination;
- Staffing and supervision: including completing a staffing and resource study to determine the appropriate allocation of resources; holding supervisors accountable for close and effective supervision; and providing guidance on the effective use of on-body recording systems to promote accountability and strengthen public trust;
- Recruitment and promotions: including developing a strategic recruitment plan that includes clear goals, objectives, and action steps for attracting qualified applicants from a broad cross section of the community and ensuring that fair and consistent promotion practices are implemented;
- Officer assistance and support: including measures to ensure that APD personnel have ready access to mental health services and that supervisors are trained in making referrals in a manner that minimizes stigma; and
- Community engagement and oversight: including measures to strengthen the City’s civilian oversight process; public information programs that keep members of the public informed of APD’s progress toward reform; requirements on fostering community policing at all levels of APD; and establishing community policing councils throughout the City to ensure that meaningful feedback is obtained from the community.
The independent monitoring team will oversee the implementation of reforms, provide technical assistance, and report on the city’s compliance through periodic and public reports. The monitoring team will have access to all documents, personnel, facilities and information related to the settlement agreement and will engage with officers and community members on an ongoing basis. The monitoring team will also be responsible for conducting outcome assessments to determine whether the goals of the settlement agreement are being met through compliance indicators and objective measures. The settlement agreement requires two years of sustained compliance with the agreement before the agreement may be terminated.
For more information on the Justice Department’s Civil Rights Division, please visit www.justice.gov/crt. For more information about the United States Attorney’s Office for the District of New Mexico, please visit http://www.justice.gov/usao/nm.Justice Department Reaches Agreement with the City of Albuquerque to Implement Sweeping Reforms on Use of Force by the Albuquerque Police DepartmentRead the Press Release
The Justice Department today announced it has reached a comprehensive settlement agreement with the city of Albuquerque that will bring wide-ranging reforms to the Albuquerque Police Department (APD) and its use of force against civilians. The Justice Department and the city have agreed to enter into a court-enforceable settlement agreement that will overhaul the way in which APD handles use of force by its officers following a year-long investigation into the department’s practices and letter of findings released by the Justice Department in April 2014. Once the Albuquerque City Council considers the settlement agreement in a special session scheduled for the week of Nov. 3, the Justice Department and the city will file the settlement agreement with the United States District Court for approval and entry as an order.
"The overwhelming majority of our nation’s law enforcement officials perform their duties with exceptional courage, integrity, and professionalism—risking their lives every day to keep their communities safe,” said Attorney General Eric H. Holder Jr. “But whenever a pattern of troubling conduct is uncovered, or that high standard is not met, the Department of Justice must and will take action. The far-reaching agreement we have secured in this case will transform the culture and practices of the Albuquerque Police Department. And I am confident that, with the cooperation of city leaders and brave law enforcement officials, we will take significant steps to restore trust with local citizens and build for Albuquerque’s residents the stronger, safer, and more secure communities that all Americans deserve.“
In addition to use of force practices, The Justice Department’s investigation found that officers routinely use deadly force and less lethal force in an unreasonable manner and that systemic deficiencies in policies, training, supervision, and oversight contributed to the pattern or practice. Following the release of the investigative findings, the Justice Department engaged in extensive community outreach to solicit feedback and recommendations on reform from a wide variety of stakeholders, including police officers, community leaders, mental health advocates, family members, and other Albuquerque residents. The feedback played a critical role in tailoring the settlement agreement to the unique needs of the Albuquerque community and APD.
“Today’s landmark settlement agreement will begin the process of restoring trust and cooperation between the Albuquerque community and law enforcement,” said Vanita Gupta, Acting Assistant Attorney General for the Civil Rights Division. “Constitutional policing is key to building trust between police departments and the communities they serve, and trust is of course key to ensuring public and officer safety. The settlement agreement provides a blue print for sustainable reform that will foster continued collaboration and participation from the community. We thank Mayor Berry, Chief Eden, and all of the individuals who came forward to share their experiences concerning APD to make this historic settlement agreement possible.”
“We are extremely proud of our community and police department for coming together in a time of serious challenges to the city to offer their advice and recommendations on a path forward,” said Damon P. Martinez, United States Attorney for the District of New Mexico. “Reform will not take place overnight and it will take time to heal our community, but we are well on our way. Through the settlement agreement reached today, the city agrees to implement fundamental reforms in a transparent manner that will ensure that force is used in accordance with constitutional rights and that promotes greater trust among the hard working men and women of the Albuquerque Police Department and the residents they are sworn to protect.”
Under the settlement agreement, the city and APD will implement comprehensive reforms in nine substantive areas. An independent monitoring team will be selected jointly and will oversee the reforms, which are expected to be implemented within four years. The areas covered by the settlement agreement are:
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Use of force: including requiring supervisors to report to the scene of uses of force; providing medical care to subjects of force immediately after an incident; improving the quality of force investigations; developing a force review board to detect and correct patterns and trends, and utilizing surrounding law enforcement agencies as part of a multi-agency task force to investigate officer-involves shootings to provide greater objectivity and accountability;
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Specialized units: including measures that require clearly defined missions and duties for specialized tactical and investigative units; ensuring that officers are sufficiently trained to save lives in high-risk situations; and dismantling APD’s repeat offender project to restore its core mission as an investigative, rather than tactical, unit;
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Crisis intervention: including establishing a mental health response advisory committee; providing behavioral health training to all officers, police dispatchers, and 9-1-1 operators; and maintaining groups of specially-trained first responders, detectives, and mental health professionals that provide crisis intervention and ongoing support to individuals with serious mental illness or who are chronically homeless;
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Policies and training: including developing clear and comprehensive policies on use of force, preventing retaliation, supporting officers who report misconduct, and improving the field training program to ensure that officers develop the necessary technical and practical skills required to use force in a lawful and effective manner;
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Internal and civilian complaint investigations: including measures to eliminate arbitrary deadlines for the submission of civilian complaints; standards for conducting objective, thorough, and timely investigations; steps to ensure that the disciplinary system is fair and consistent; and protocols to protect officers’ rights against self-incrimination;
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Staffing and supervision: including completing a staffing and resource study to determine the appropriate allocation of resources; holding supervisors accountable for close and effective supervision; and providing guidance on the effective use of on-body recording systems to promote accountability and strengthen public trust;
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Recruitment and promotions: including developing a strategic recruitment plan that includes clear goals, objectives, and action steps for attracting qualified applicants from a broad cross section of the community and ensuring that fair and consistent promotion practices are implemented;
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Officer assistance and support: including measures to ensure that APD personnel have ready access to mental health services and that supervisors are trained in making referrals in a manner that minimizes stigma; and
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Community engagement and oversight: including measures to strengthen the city’s civilian oversight process; public information programs that keep members of the public informed of APD’s progress toward reform; requirements on fostering community policing at all levels of APD; and establishing community policing councils throughout the city to ensure that meaningful feedback is obtained from the community.
The independent monitoring team will oversee the implementation of reforms, provide technical assistance, and report on the city’s compliance through periodic and public reports. The monitoring team will have access to all documents, personnel, facilities and information related to the settlement agreement and will engage with officers and community members on an ongoing basis. The monitoring team will also be responsible for conducting outcome assessments to determine whether the goals of the settlement agreement are being met through compliance indicators and objective measures. The settlement agreement requires two years of sustained compliance with the agreement before the agreement may be terminated.
For more information on the Justice Department’s Civil Rights Division, please visit www.justice.gov/crt. For more information about the United States Attorney’s Office for the District of New Mexico, please visit http://www.justice.gov/usao/nm.
APD Commitment Letter
DOJ-ABQ Agreement Fact Sheet
DOJ-ABQ Settlement Agreement
SPL Police Accomplishments
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Justice Department Files Suit Against Pima Community College for Violating the Employment Rights of an Arizona Army National GuardsmanRead the Press Release
The Department of Justice announced today the filing of a complaint in U.S. District Court for the District of Arizona against Pima Community College (PCC) in Tucson, Arizona, for violating the employment rights of Army National Guardsman Timothy Stoner under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
The department’s complaint alleges that Pima Community College violated USERRA by failing to promote Stoner to the position of police corporal in 2010 and again in 2013. USERRA prohibits employment discrimination based on a service member’s past, current or future military status, service or obligation. Stoner, a PCC police officer, is a veteran of active duty military deployments in Afghanistan and Iraq. He is currently a Sergeant First Class in the Army National Guard with 21 years of total military service, including three years on active duty.
According to the department’s complaint, PCC created the supervisory position of police corporal in 2010. Prior to that position being created, Stoner effectively performed his assigned duties as a lead police officer, an assignment that was replaced by the creation of the police corporal position. In 2010 and 2013, Stoner applied for promotion to police corporal, but both times he was not selected. The lawsuit alleges that, in each of the two years, Stoner’s military service was a motivating factor in PCC’s decision to deny him promotion to police corporal. According to the lawsuit, for both promotions, one of the two PCC officials who made the decision not to select Stoner exhibited anti-military bias against Stoner that was directly related to his military obligations. According to the suit, PCC conducted an investigation of Stoner’s internal complaint that his denial of promotion in 2013 was the result of anti-military bias by PCC selecting officials, and the college found that his complaint was substantiated. As a result, the PCC investigator recommended that remedial action be taken, including placing Stoner in an acting corporal position.
The department’s lawsuit seeks remedial relief for Stoner for the USERRA violations in 2013, as well as an earlier violation of the statute in 2010. The suit also alleges that PCC’s demonstration of anti-military bias was willful and warrants the award of liquidated damages to Stoner, as well as compensation for his loss of earnings and other benefits of employment.
“Employers have a legal obligation to respect and honor the rights of our uniformed service members to be fairly considered for promotions and other employment opportunities and not to subject them to unlawful discrimination because of their service in defense of our country,” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division.
Stoner initially filed a complaint with the Labor Department’s Veterans’ Employment and Training Service, which investigated this matter and, after resolution failed, referred it to the Justice Department. The Department’s Civil Rights Division, through its Employment Litigation Section, then filed suit on Stoner’s behalf. The Civil Rights Division has given a high priority to the enforcement of service members’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s Web sites at http://www.usdoj.gov/crt/emp and http://www.servicemembers.gov, as well as on the Labor Department’s website at http://www.dol.gov/vets/programs/userra/main.htm.
Stoner v. Pima Community College Complaint