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Friday 13 December 2024
Repeat offender who was involved in a gun battle on Seattle’s Capitol Hill sentenced to 16 years in prisonRead the Press Release
Seattle – A 50-year-old repeat offender was sentenced today in U.S. District Court in Seattle to 16 years in prison for possessing firearms while distributing drugs and violating his conditions of supervision from prior convictions, announced U.S. Attorney Tessa M. Gorman. Ruchell Gilbert was on supervised release for a 2012 conviction for illegal firearms possession and drug trafficking, when he became involved in a shoot-out in Seattle’s Capitol Hill neighborhood. One woman died after being hit by gunfire. At today’s sentencing hearing U.S. District Judge Ricardo S. Martinez said, “A young woman died that night from a gun battle on Capitol Hill. That is exactly the kind of danger that occurs when you have people dealing drugs while armed with firearms.”
“This case is a stark reminder of why it is illegal for felons to possess firearms,” said U.S. Attorney Gorman. “In this case Mr. Gilbert got into an argument about a blocking parked car and reached for his gun with tragic consequences. The death of 20-year-old Essence Greene Madden has devastated her family and loved ones, and robbed the community of someone who was focused on doing good in the world.”
According to records filed in the case, Gilbert had been released from prison and began his term of supervised release on May 30, 2022. Barely a year later, in July 2023, an unruly crowd gathered on Capitol Hill for a street racing event and Gilbert is seen driving a car which was ultimately blocked by another vehicle. Gilbert is seen getting out and getting into some kind of argument with those in the blocking car. On surveillance video from a nearby business it appears that Gilbert pulls up his shirt to flash a gun in his waistband. After returning to the car one of the people Gilbert confronted starts firing at his vehicle. Gilbert pulls his gun and fires back in a volley of at least four shots. One of the shots appears to hit a bystander in the head. Essence Greene Madden died at Harborview Medical Center.
Gilbert drove from the scene and later is taken to Harborview Medical Center for treatment of a gunshot wound. When federal probation officers learned Gilbert had been involved in the shootout, they got a warrant for his arrest and to search his vehicle. In Gilbert’s truck they found distribution quantities of methamphetamine, fentanyl pills, cocaine, and marijuana as well as a loaded firearm. However, the firearm he used in the shoot-out has never been found.
On March 14, 2024, Gilbert pleaded guilty to Possession of Controlled Substances with Intent to Distribute and Carrying a Firearm During and in Relation to a Drug Trafficking Crime.
Today in court Essence Greene Madden’s father, Eldon Madden, said, “The decision that Mr. Gilbert made, changed the lives of our family, friends, and community…. (my daughter) was stripped of her life due to acts of anger – anger is what drove this incident…. My child did not deserve to die in the manner that she died in, she was on her way to being a productive, loving, caring, person who helped preserve life not take it away. That’s why she chose to work in the medical field.”
In asking for a 192-month sentence, prosecutors noted Gilbert’s lengthy history of violent crimes and his unwillingness to change even with court supervision. “Mr. Gilbert appeared to be doing well on supervision, but in reality, it was an act. In retrospect, it is clear that Mr. Gilbert continued to deal drugs and continued to carry firearms – firearms he was more than willing to use if he felt himself provoked,” prosecutors wrote in their sentencing memo.
Judge Martinez imposed five years of supervised release to follow the prison term.
The case was investigated by the Seattle Police Department and U.S. Probation Office.
The case was prosecuted by Assistant United States Attorney Vince Lombardi.
Raymore Man Sentenced for Drug Trafficking, Illegal FirearmsRead the Press Release
KANSAS CITY, Mo. – A Raymore, Mo., man was sentenced in federal court today for his role in a drug-trafficking conspiracy and for illegally possessing firearms.
Tony Diaz, 41, was sentenced by U.S. District Judge Greg Kays to nine years in federal prison without parole.
His brother and co-defendant, Serjio Diaz, 40, of Belton, Mo., was sentenced on Oct. 9, 2024, to 15 years in federal prison without parole.
On April 9, 2024, Serjio and Tony Diaz each pleaded guilty to one count of conspiracy to distribute heroin, methamphetamine, and cocaine, one count of possessing heroin with the intent to distribute, and one count of possessing firearms in furtherance of a drug-trafficking crime. Tony Diaz also pleaded guilty to one count of being a felon in possession of firearms. Serjio Diaz also pleaded guilty to one count of money laundering.
Serjio Diaz admitted that he was the primary organizer of the drug-trafficking organization during the conspiracy that lasted from Jan. 1, 2019, to June 22, 2021.
The investigation began on March 18, 2019, when federal agents interdicted and seized a package from California that contained more than 4.5 kilograms of methamphetamine, which was addressed to Serjio Diaz’s residence. On the same day, federal agents also interdicted and seized a package from California that contained more than three kilograms of methamphetamine, which was addressed to the residence of Tony Diaz.
During the course of the investigation, investigators conducted 23 controlled transactions from Serjio and Tony Diaz, utilizing an FBI confidential source. Over the course of these controlled purchases, law enforcement purchased more than seven kilograms of methamphetamine, more than six kilograms of heroin, and 468.6 grams of cocaine from Serjio and Tony Diaz for a total of $243,900.
In one transaction, for example, the confidential source purchased a kilogram of methamphetamine for $9,000 from Tony Diaz. In another instance, the confidential source purchased 222.4 grams (7.5 ounces) of cocaine from Serjio Diaz for $7,000.
On June 22, 2021, law enforcement officers arrested Serjio and Tony Diaz and searched Serjio Diaz’s residences and vehicles. Officers found almost nine kilograms of heroin, 166 grams of cocaine, six bags of pills that contained fentanyl and weighed a total of 78 grams, a Glock 9mm semi-automatic pistol, and $82,250 in cash.
Officers searched Tony Diaz’s residence and found 1,128 grams of suspected heroin, 28 grams of suspected cocaine, a Zastava Arms 7.62x39mm semi-automatic rifle, a Romarm Cugir 7.62x39mm semi-automatic rifle, and $5,461 in cash in Tony Diaz’s bedroom. Officers also found a Remington Arms .22-caliber rifle in a shed, one pound of suspected marijuana in his Lincoln Navigator SUV, and a Ruger 9mm semi-automatic pistol and 3.4 grams of suspected marijuana in his BMW X5.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Tony Diaz has a prior felony conviction for possession of a controlled substance.
From May 1, 2019, to Dec. 31, 2020, Serjio Diaz deposited 93 money orders, totaling $82,145, into either his personal bank account or the bank account of his business, Imperial Window & Gutter Cleaning, LLC. Serjio Diaz went to multiple post offices on the same date to purchase money orders; 21 of those purchases occurred soon after a controlled drug purchase was made by law enforcement in this investigation. Serjio Diaz limited his purchase to a maximum of $2,000 at each post office in order to avoid federal reporting requirements.
Co-defendant Maria Jasmin Lopez, 24, of Phoenix, Arizona, also pleaded guilty to her role in the drug-trafficking conspiracy and was sentenced on Aug. 1, 2023, to 11 years and two months in federal prison without parole.
Co-defendant Vicente Aguilera pleaded guilty to using a cell phone to facilitate a drug-trafficking conspiracy and was sentenced on Nov. 1, 2024, to 16 months in federal prison without parole.
This case is being prosecuted by Assistant U.S. Attorney Bradley K. Kavanaugh. It was investigated by the U.S. Postal Inspection Service, the FBI and the Jackson County Drug Task Force.
Organized Crime and Drug Enforcement Task Force
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Rapid City Man Sentenced to Nine Years in Federal Prison for Illegal Possession of FirearmRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Camela C. Theeler has sentenced a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on December 11, 2024.
Charles Colhoff, age 36, was sentenced to nine years in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Colhoff was indicted by a federal grand jury in February 2024. He pleaded guilty on October 3, 2024.
On November 4, 2023, Colhoff was involved in a shooting in Rapid City where he and another individual exchanged gunfire following an argument. Colhoff was uninjured but the other individual sustained two gunshot wounds and required surgery. Officers processing the scene located three 9mm cartridge casings related to the shooting. Colhoff was located by law enforcement on November 11, 2023, and found to be in possession of a Browning 9mm semi-automatic pistol believed to be the same pistol Colhoff used in the shooting. Ballistics testing was conducted, which confirmed the three 9mm casings recovered at the shooting scene were fired from the pistol recovered from Colhoff. Colhoff knew he was prohibited from possessing firearms based on a prior federal felony offense, which also involved a firearm.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennington County Sheriff's Office, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Colhoff was immediately remanded to the custody of the U.S. Marshals Service.
Port St. Lucie Man Sentenced to 15 years in Prison for Third Bank Robbery ConvictionRead the Press Release
MIAMI – A Port St. Lucie man was sentenced to 15 years in prison after pleading guilty to bank robbery, which is his third such conviction.
David Abram Ziesel, 45, previously pled guilty to robbing a bank in Fellsmere, Fla. According to court records, in January of 2024, Ziesel entered the bank with his face and head covered, and immediately began shouting, “This is a robbery!” Ziesel demanded bank employees put cash in his pillowcase, and then Ziesel fled the bank. Law enforcement officers quickly located Ziesel’s vehicle as it traveled at speeds of over 100 m.p.h. Ziesel then led officers on a high-speed chase down I-95 and into the City of Fort Pierce, weaving in and out of cars, driving down the wrong side of the road, and running red lights. The pursuit ended when Ziesel crashed his car into another vehicle, and it came to rest against a power pole.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida, and Jeffrey B. Veltri, Special Agent in Charge, FBI, Miami Field Office, made the announcement.
FBI Miami investigated this case with assistance from the Fellsmere Police Department, Florida Highway Patrol, and Indian River County Sheriff’s Office. Assistant U.S. Attorney Justin Hoover is prosecuting the case.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 24-cr-14009.
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Ponchatoula Woman Sentenced to Prison for Embezzling from EmployerRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that on Tuesday, December 10, 2024, ANGELA C. MITCHELL (“MITCHELL”), age 49, of Ponchatoula, Louisiana was sentenced to a year and a day in prison by U.S. District Judge Greg G. Guidry. MITCHELL had previously pleaded guilty to access device fraud in connection with her embezzlement from a Covington, Louisiana company ( “Company A” in court documents) where she worked from October 2016 to June 2018.
According to court records, MITCHELL embezzled approximately $116,998.70 from Company A by, among other things, fraudulently transferring funds from Company A’s bank accounts via electronic transfers and by drafting unauthorized checks to herself. MITCHELL committed the fraud during her employment, and continued illegally accessing Company A’s accounts after she was terminated in June 2018.
In addition to the term of imprisonment, Judge Guidry ordered MITCHELL to pay $116,998.70 in restitution to Company A. Judge Guidry also sentenced MITCHELL to three years of supervised release and ordered her to pay a $100 mandatory special assessment fee.
U.S. Attorney Evans praised the work of the Homeland Security Investigations - New Orleans Field Office, in investigating this matter. Assistant U.S. Attorney Matthew R. Payne, of the Financial Crimes Unit, is in charge of the prosecution.
Pawn Shop Owners Charged with Purchasing, Trafficking Millions of Dollars of Stolen GoodsRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Larry Leonard, 60, and Nathaniel “Nat” Leonard, 68, both of Philadelphia, Pennsylvania, were charged by indictment with conspiracy to transport and sell stolen goods in interstate commerce and interstate transportation of stolen property. Larry Leonard was also charged with money laundering.
The defendants, who are cousins, jointly ran three pawn shops: Society Hill Loan and K&A Money Loan Pawnbrokers (“K&A”), both in Philadelphia, and Lou’s Jewelry and Pawnshop (“Lou’s Jewelry”) in Wilmington, Delaware.
Larry Leonard controlled the day-to-day operations of K&A and oversaw the day-to-day operations of Lou’s Jewelry, and Nat Leonard controlled the day-to-day operations of Society Hill Loan.
The indictment alleges that the defendants were using their businesses to buy and sell large volumes of new, stolen, in-box merchandise supplied by two main groups of people.
The first group, known colloquially as “boosters,” collectively stole millions of dollars of new retail merchandise from retailers in the Philadelphia and Delaware region, and elsewhere, including from The Home Depot, Lowe’s, Target, Walmart, Best Buy, CVS, Rite Aid, Safeway, and others, which the boosters then sold to the Leonards’ pawn shops for cash.
The other group, referred to by the defendants as “mooks,” collectively stole millions of dollars of new retail merchandise from across the United States, which the “mooks” then resold in bulk quantities to the defendants and other pawn shop employees for cash on a recurring basis.
The defendants are alleged to have transferred the stolen goods from Lou’s Jewelry in Delaware and K&A in the Kensington section of Philadelphia to Society Hill Loan in South Philadelphia, where the defendants listed the stolen merchandise for sale via the Society Hill Loan eBay site, which they controlled.
From November 2019 through December 2023, the Leonards are alleged to have sold more than $19 million in stolen merchandise via their eBay site. The defendants are alleged to have shipped the stolen merchandise from Society Hill Loan in Philadelphia to customers across the country.
Larry Leonard is also charged with three counts of money laundering for using the proceeds of the illegal sale of stolen merchandise to pay off more than $120,000 in credit card bills from December 2022 through April 2023.
If convicted, Larry Leonard faces a maximum possible sentence of 45 years’ imprisonment and Nathaniel Leonard faces a maximum possible sentence of 15 years’ imprisonment.
This case was investigated by Homeland Security Investigations, with assistance from the U.S. Postal Inspection Service, the IRS, Delaware State Police, and the Philadelphia Police Department. The case is being prosecuted by Assistant United States Attorneys Matthew T. Newcomer and S. Chandler Harris.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Omaha Man Sentenced to 15 Years for Possession of Fentanyl PillsRead the Press Release
United States Attorney Susan Lehr announced that Rafael Magana, age 31, of Omaha, Nebraska, was sentenced December 13, 2024, in federal court in Omaha for three drug trafficking crimes involving fentanyl, including possession with intent to distribute 400 grams or more of fentanyl. Chief United States District Judge Robert F. Rossiter, Jr., sentenced Magana to 180 months’ imprisonment. There is no parole in the federal system. After Magana’s release from prison, he will begin a 10-year term of supervised release.
An investigation that began in March 2023 identified Magana as a supplier of fentanyl pills in Omaha. A confidential informant made four buys of fentanyl pills after the informant contacted Magana. Magana’s residence was searched pursuant to a warrant on July 24, 2023. Agents found more than 1,000 fentanyl pills and seized $6,680 cash. At the residence, agents also found paperwork for a storage unit. Magana gave consent to search the storage unit, which uncovered another 13,800 fentanyl pills.
Magana faced an enhancement mandatory minimum for the possession charge because of a 2015 federal conviction for conspiracy to distribute oxycodone. The $6,680 cash will be ordered forfeited to the United States as proceeds of illegal drug trafficking.
The indictment also charged Magana and two co-defendants with conspiracy to distribute fentanyl. Zacharie Stinson, age 31, of Omaha pleaded guilty and was sentenced in September to 57 months in prison. Lucas Ehly, age 31, of Omaha has pleaded guilty and is scheduled to be sentenced December 20, 2024.
This case was investigated by the Drug Enforcement Administration and the Omaha Metro Drug Task Force.
Ogden Man Found Guilty of Possessing a Firearm and Ammunition as a Convicted FelonRead the Press Release
Salt Lake City, Utah – A federal jury in Salt Lake City returned a guilty verdict Thursday against a convicted felon after he unlawfully possessed a firearm and ammunition in 2022.
Michael Anthony Rangel, 42, of Ogden, Utah was charged by indictment in September 2022.
According to court documents and evidence presented at trial, in July 2022, officers with the Ogden Metro Gang Task Force conducted a traffic stop on a vehicle with Mr. Rangel as the passenger. Rangel, knowing he was a convicted felon and restricted from possessing a firearm and ammunition, possessed a Taurus PT111 G2 pistol. Officers seized the firearm and associated ammunition, and it was later discovered the firearm was manufactured outside the State of Utah and had traveled through interstate commerce.
Rangel’s sentencing will be held at a later date before U.S. District Court Judge Howard C. Nielson, Jr. at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.
United States Attorney Trina A. Higgins of the District of Utah made the announcement.
The case is being investigated by Ogden Metro Gang Task Force.
Special Assistant United States Attorney Branden B. Miles and Assistant United States Attorney Luisa Gough of the U.S. Attorney’s Office for the District of Utah are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce gun violence and other violent crime, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.
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Oak Creek company to pay over $2.3 million to resolve allegations it submitted false claims to obtain a Paycheck Protection Program LoanRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on December 3, 2024, Zund America, Inc., a corporation located in Oak Creek, Wisconsin, agreed to pay $2,300,825 to resolve allegations that it violated the False Claims Act by submitting false claims to obtain a Paycheck Protection Program (PPP) loan for which it was not eligible.
Congress created the PPP in March 2020 to provide emergency financial assistance to Americans suffering from the economic effects of the COVID-19 pandemic. Under the PPP, eligible businesses could receive loans guaranteed by the SBA and, if the business spent the loan proceeds on qualified expenses, SBA would repay the loan and any accrued interest on the borrower’s behalf. In December 2020, Congress authorized certain borrowers who received an earlier PPP loan to obtain an additional “second-draw” loan. The second-draw loan program included additional eligibility requirements. Under the second-draw loan rules, for a company to be deemed a small business eligible for a second loan, the company, together with any corporate affiliates, had to employee 300 or few individuals.
Zund America is owned by a Swiss holding company, Zund Holding AG. Through common ownership and management, Zund America is affiliated with 19 other Zund entities that operate across the globe. In February 2021, Zund America received a second-draw PPP loan, which the SBA later repaid. The United States alleges that Zund America was not eligible for this loan because Zund America and its affiliates had more than 300 employees.
“Congress created the PPP to help small businesses and their employees survive the COVID-19 pandemic,” said U.S. Attorney Haanstad. “To make funds available as quickly as possible and save jobs, Congress and the SBA trusted companies to certify that they complied with the eligibility rules. Unfortunately, Zund America did not fulfill its obligations, and instead submitted false information to obtain its second-draw loan. This settlement requires Zund America to repay the SBA plus a substantial penalty.”
“The favorable settlement in this case is the product of enhanced efforts by federal agencies such as the Small Business Administration working with the U.S. Attorney’s Office, SBA’s Office of Inspector General and other Federal law enforcement agencies, as well as private individuals who uncover fraudulent conduct to recover the product of this fraud as well as penalties,” said SBA General Counsel Therese Meers.
The government’s investigation resulted from a whistleblower complaint filed under the qui tam provisions of the False Claims Act. The whistleblower will receive a share of the settlement. This case is pending as United States ex rel. GNGH 2, Inc. v. Zund America, Inc., No. 24-cv-0661.
Together with the SBA, Assistant United States Attorney Michael Carter represented the government in this matter. The settlement agreement states allegations only; Zund America, Inc., does not admit liability for the allegations.
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OFAC-Sanctioned Afghan Man Sentenced to 30 Years in Prison for Narco-Terrorism and Witness TamperingRead the Press Release
Haji Abdul Satar Abdul Manaf, 59, of Afghanistan, also known as Haji Abdul Sattar Barakzai, was sentenced to 30 in prison for attempting to import heroin into the U.S., engaging in narco-terrorism for the benefit of the Taliban, attempting to engage in narco-terrorism for the benefit of the Haqqani Network, and witness tampering offenses. Manaf was convicted after a two-week jury trial that concluded in August.
According to court documents, evidence at trial, and statements made in public court proceedings, the Treasury Department sanctioned Manaf in June 2012, pursuant to the U.S.’ terrorism sanctions authority, Executive Order No. 13224, for storing or moving money for the Taliban. Upon announcing the sanctions against Manaf, the Treasury Department stated that Manaf “donated thousands of dollars to the Taliban to support Taliban activities in Afghanistan and has distributed funds to the Taliban” and provided money “to aid the Taliban’s fight against Coalition Forces.”
Beginning in at least January 2018, Manaf attempted to import large quantities of heroin into the United Sates; paid benefits to the Taliban to support his heroin trafficking; and attempted to provide financial support to the Haqqani Network, a violent faction of the Taliban. Specifically, Manaf participated at in-person meetings, recorded telephone calls, and electronic communications with five individuals whom Manaf understood to be affiliated with an international drug trafficking organization. During those meetings, Manaf helped arrange to import large quantities of heroin into the U.S. with the assistance of — and recognizing that some of the proceeds of that narcotics trafficking would be provided to — the Taliban and the Haqqani Network. Four of these individuals were, in fact, DEA confidential sources. The fifth was an undercover DEA agent (the UC).
The Haqqani Network and the Taliban have committed highly public acts of terrorism against U.S. interests, including U.S. and coalition forces in Afghanistan. In August 2018, Manaf sold the UC a ten-kilogram shipment of heroin in Afghanistan, after the UC told Manaf that the heroin would ultimately be imported into the United States for sale in New York. Manaf repeatedly told the UC that Manaf had paid the Taliban in connection with the production of the ten-kilo shipment and reported that heavily armed members of the Taliban would guard and transport future heroin shipments for Manaf and the UC. In August 2018, Manaf facilitated the transfer of thousands of dollars of what he believed to be narcotics proceeds through his money-remitting business to individuals Manaf had been advised were members of the Haqqani Network. Manaf subsequently agreed to supply the UC with thousand-kilogram loads of heroin for importation into the United States.
Following his arrest overseas and subsequent extradition, while incarcerated in New York pending trial in this case, Manaf directed members of his family in Afghanistan to kidnap and threaten a DEA source — a witness to his crimes — in an effort to silence him. Specifically, in a series of recorded prison calls in February and March 2019, Manaf directed his brothers to bring the source to Manaf’s family home, to “not let him go even for a minute,” to take the source’s phone, and to hand the source over to a “security chief” who would make the source “confess like a parrot” and “tell the whole story in two minutes.” Manaf’s brothers did just as he directed — they kidnapped that DEA source at gunpoint in Afghanistan and threatened to kill him.
In addition to the prison term, Manaf was sentenced to five years of supervised release and ordered to forfeit the proceeds of his crimes.
The DEA Special Operations Division’s Bilateral Investigations Unit; the DEA European Regional Director; the DEA Copenhagen, Canberra, Dubai, Islamabad, Kabul, New Delhi, and Sydney Country Offices; the Government of Estonia; and the Australian Criminal Intelligence Commission investigated the case.
Assistant U.S. Attorneys Sam Adelsberg, Nicholas S. Bradley, and Kimberly J. Ravener for the Southern District of New York are prosecuting the case with assistance from Trial Attorney Joshua Champagne of the National Security Division’s Counterterrorism Section.
OFAC-Sanctioned Afghan Man Sentenced to 30 Years in Prison for Narco-Terrorism and Witness TamperingRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Anne Milgram, the Administrator of the U.S. Drug Enforcement Administration (“DEA”), announced today that HAJI ABDUL SATAR ABDUL MANAF, a/k/a “Haji Abdul Sattar Barakzai,” was sentenced to 30 years in prison for attempting to import heroin into the U.S., engaging in narco-terrorism for the benefit of the Taliban, attempting to engage in narco-terrorism for the benefit of the Haqqani Network, and witness tampering offenses. MANAF was convicted after a two-week jury trial that concluded in August 2024. The sentence was imposed by U.S. District Judge Jed S. Rakoff, who also presided over the trial.
U.S. Attorney Damian Williams said: “Haji Abdul Satar Abdul Manaf was in the business of peddling poison. He leveraged the help of terrorists—the Taliban—to advance his drug business and to expand his drug trafficking operation to the United States. And he did not hesitate to order the kidnapping of a critical witness at gunpoint in an effort to silence him. Thankfully, our law enforcement allies, in partnership with the career national security prosecutors of this Office, put an end to his years of narco-terrorism.”
DEA Administrator Anne Milgram said: “Haji Abdul Satar Abdul Manaf used heroin as a weapon of war, funding the Taliban and Haqqani Network to spread terror and death. His poison targeted our streets while his profits fueled violence against U.S. coalition forces. Today's sentence sends a clear message: narco-terrorists who bankroll terror and threaten American lives will be brought to justice, no matter where they hide.”
According to the Complaint, Indictment, evidence at trial, and statements made in public court proceedings:
In June 2012, the U.S. Treasury Department sanctioned MANAF pursuant to the U.S.’s terrorism sanctions authority, Executive Order No. 13224, for storing or moving money for the Taliban. In announcing the sanctions against MANAF, the Treasury Department stated that MANAF “donated thousands of dollars to the Taliban to support Taliban activities in Afghanistan and has distributed funds to the Taliban” and provided money “to aid the Taliban’s fight against Coalition Forces.”
Beginning in at least January 2018, MANAF attempted to import large quantities of heroin into the U.S.; paid benefits to the Taliban to support his heroin trafficking; and attempted to provide financial support to the Haqqani Network, a violent faction of the Taliban. Specifically, MANAF participated in in-person meetings, recorded telephone calls, and electronic communications with five individuals whom MANAF understood to be affiliated with an international drug trafficking organization. During those meetings, MANAF helped arrange to import large quantities of heroin into the U.S. with the assistance of—and recognizing that some of the proceeds of that narcotics trafficking would be provided to—the Taliban and the Haqqani Network. Four of these individuals were, in fact, DEA confidential sources. The fifth was an undercover DEA agent (the “UC”).
The Haqqani Network and the Taliban have committed highly public acts of terrorism against U.S. interests, including U.S. and coalition forces in Afghanistan. In August 2018, MANAF sold the UC a ten-kilogram shipment of heroin (the “Ten Kilo Shipment”) in Afghanistan, after the UC told MANAF that the heroin would ultimately be imported into the United States for sale in New York. MANAF repeatedly told the UC that MANAF had paid the Taliban in connection with the production of the Ten Kilo Shipment, and reported that heavily armed members of the Taliban would guard and transport future heroin shipments for MANAF and the UC. In August 2018, MANAF facilitated the transfer of thousands of dollars of what he believed to be narcotics proceeds through his money-remitting business to individuals MANAF had been advised were members of the Haqqani Network. MANAF subsequently agreed to supply the UC with thousand-kilogram loads of heroin for importation into the United States.
Following his arrest overseas and subsequent extradition, and while incarcerated in New York pending trial in this case, MANAF directed members of his family in Afghanistan to kidnap and threaten a DEA source—a witness to his crimes—in an effort to silence him. Specifically, in a series of recorded prison calls in February and March 2019, MANAF directed his brothers to bring the source to MANAF’s family home, to “not let him go even for a minute,” to take the source’s phone, and to hand the source over to a “security chief” who would make the source “confess like a parrot” and “tell the whole story in two minutes.” MANAF’s brothers did just as he directed—they kidnapped that DEA source at gunpoint in Afghanistan and threatened to kill him.
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In addition to the prison term, MANAF, 59, of Afghanistan, was sentenced to five years of supervised release.
Mr. Williams praised the outstanding investigative efforts of the DEA’s Special Operations Division’s Bilateral Investigations Unit; the DEA European Regional Director; the DEA Copenhagen, Canberra, Dubai, Islamabad, Kabul, New Delhi, and Sydney Country Offices; the Government of Estonia; and the Australian Criminal Intelligence Commission.
This prosecution is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorneys Sam Adelsberg, Nicholas S. Bradley, and Kimberly J. Ravener are in charge of the prosecution, with assistance from Trial Attorney Joshua Champagne of the Counterterrorism Section.
Newark Businessman Admits Bribing Former Newark Deputy Mayor and Director of Newark Department of Economic and Housing DevelopmentRead the Press Release
NEWARK, N.J. – A Newark business owner admitted bribing a former city official in exchange for that official’s assistance in acquiring and redeveloping Newark-owned properties, U.S. Attorney Philip R. Sellinger announced.
Frank Valvano, Jr., 57, of Florham Park, New Jersey, pleaded guilty before U.S. District Judge Madeline Cox Arleo in Newark federal court to two counts of an indictment charging him with honest services fraud and bribery.
“As he admitted in court, Frank Valvano, Jr. provided cash, jewelry, and other benefits to a public official in exchange for the official’s use of his influence to further Valvano’s private business interests, defrauding the people of Newark of their right to the official’s honest services. He corrupted the public official’s independent judgment and violated the public trust for his own financial gain. Our office will continue to work with our law enforcement partners to make sure that the people of New Jersey are protected from public officials whose greed overrides their sworn duty to serve the people and from the individuals who bribe those officials.”
U.S. Attorney Philip R. Sellinger
According to documents filed in the case and statements made in court:
Valvano admitted bribing Carmelo Garcia – who served as deputy mayor and director of the Newark Department of Economic and Housing Development (DEHD) and executive vice president and chief real estate officer of the Newark Community Economic Development Corporation (NCEDC) – in exchange for Garcia’s assistance with the acquisition and redevelopment of city-owned property.
From 2017 through April 2019, Valvano, Irwin Sablosky, and others provided significant monetary payments and other benefits to Garcia while he was serving as a high-level Newark official, and prior to that, as an executive officer of the NCEDC (now known as Invest Newark), in exchange for Garcia’s use of his official positions and influence within the city of Newark and the NCEDC to advance real estate development matters of interest to Sablosky and Valvano. These matters included obtaining preliminary designation letters for Sablosky and Valvano and securing Newark-approved redevelopment agreements (RDAs) that allowed them to purchase and acquire various Newark-owned properties for redevelopment, and to ensure that Garcia did not use his influence and authority to act against their interests. In addition to cash, Valvano and Sablosky also gifted Garcia jewelry, including multiple high-end watches and chains, from their pawnbroker and jewelry business. They also paid for Garcia’s expenses on a trip to Miami, Florida.
Phone records and text messages obtained by law enforcement show extensive communication between Garcia, Valvano, Sablosky, and others throughout this period of time, including text messages in which Garcia arranged to personally collect cash provided by Valvano and Sablosky. In one instance, in June 2018, Valvano and Sablosky, through an intermediary, supplied Garcia, then the city’s acting deputy mayor and director of the city’s DEHD, $25,000 in cash as part of the stream of bribes provided to Garcia.
The Travel Act charge in Count 19 of the indictment carries a maximum potential penalty of 5 years in prison. The bribery charge in Count 26 carries a maximum penalty of 10 years in prison. All charges are punishable by a fine of $250,000 or twice the amount of the pecuniary gain from the offense. Sentencing is scheduled for April 16, 2025.
Valvano originally was charged by indictment in October 2021 with Sablosky, 64, of Springfield, New Jersey, and Garcia, 49, of Hoboken, New Jersey. Garcia previously pleaded guilty to conspiracy to defraud the city of Newark and the NCEDC of Garcia’s honest services, honest services wire fraud, and receiving bribes in connection with the business of a federally funded local government and organization and is awaiting sentencing. Sablosky previously pleaded guilty to conspiracy to honest services wire fraud and bribery and is awaiting sentencing.
U.S. Attorney Sellinger credited special agents of the FBI’s Newark Field Office, under the direction of Acting Special Agent in Charge Nelson I. Delgado; special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Jenifer I. Piovesan, and special agents of the U.S. Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Vicky Vazquez, with the investigation leading to today’s plea.
The government is represented by Elaine K. Lou, Deputy Chief of the Criminal Division, and Katherine J. Calle and Edeli Rivera of the U.S. Attorney’s Office’s Special Prosecutions Division.
valvanoetal.indictment.pdf
New York Man Sentenced to 69 Months in Prison for Hacking, Credit Card Trafficking and Money Laundering ConspiraciesRead the Press Release
BOSTON – A New York City man has been sentenced in federal court in Boston for conspiracies to engage in computer hacking, trafficking in stolen payment card numbers and money laundering.
Vitalii Antonenko, 32, was sentenced by United States District Judge William G. Young to time served plus 10 days (69 months and 18 days in prison) to be followed by three years of supervised release. The Court ordered Antonenko to pay approximately $1.8 million in restitution to a victim in the case. In September 2024, Antonenko pleaded guilty to one count of conspiracy to gain unauthorized access to computer networks and to traffic in unauthorized access devices, and one count of money laundering conspiracy. Antonenko was arrested and detained in March 2019 on money laundering charges at New York’s John F. Kennedy International Airport after he arrived there from Ukraine carrying computers and other digital media that held hundreds of thousands of stolen payment card numbers. He was indicted by a federal grand jury in May 2020.
Antonenko and co-conspirators scoured the internet for computer networks with security vulnerabilities that were likely to contain credit and debit card account numbers, expiration dates, and card verification values (Payment Card Data) and other personally identifiable information (PII). They used a hacking technique known as a “SQL injection attack” to access those networks without authorization, extracted Payment Card Data and other PII, and transferred it for sale on online criminal marketplaces. Once a co-conspirator sold the data, Antonenko and others used Bitcoin as well as traditional bank and cash transactions to launder the proceeds in order to disguise their nature, location, source, ownership and control. The conspiracy’s victims included a hospitality business and non-profit scientific research institution, both located in eastern Massachusetts.
United States Attorney Joshua S. Levy and Andrew Murphy, Special Agent in Charge of the U.S. Secret Service, Boston Field Office made the announcement today. Assistant U.S. Attorney Seth B. Kosto, Chief of the Securities, Financial & Cyber Fraud Unit, prosecuted the case.
New Orleans Man Pleads Guilty of Federal Gun Control Act ViolationRead the Press Release
NEW ORLEANS, LOUISIANA – LEO TATE (“TATE”), age 31, a resident of New Orleans, pled guilty on December 11, 2024, before United States District Judge Jane Triche Milazzo to being a felon in possession of a firearm, a violation of the Federal Gun Control Act, announced U.S. Attorney Duane A. Evans.
According to court records, in April 2024, Federal Bureau of Investigation agents stopped a vehicle occupied by TATE, who agents knew had a felony arrest warrant from Orleans Parish, and another man, for whom agents had a federal warrant to obtain a DNA swab. When agents stopped the vehicle, TATE and the other man attempted to flee, but were apprehended shortly after exiting the vehicle. During a search of the vehicle, agents found a Glock pistol with an extended magazine and a round in the chamber that TATE admitted was his. TATE also admitted knowing he was prohibited from possessing a firearm, due to his numerous prior felony convictions.
Judge Milazzo set sentencing for January 30, 2025. TATE faces a maximum term of fifteen years imprisonment, up to three years of supervised release, a fine of up to $250,000, and a mandatory special assessment fee of $100.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Federal Bureau of Investigations and the New Orleans Police Department. It is being prosecuted by Assistant United States Attorney David Haller, Senior Litigation Counsel and PSN Coordinator.
New Orleans Man Guilty of Firearm Possession to Further Drug TraffickingRead the Press Release
NEW ORLEANS, LOUISIANA – JOSHUA WILLIAMS (“WILLIAMS”), age 21, pled guilty on December 12, 2024 before U.S. District Judge Nannette Jolivette Brown, to possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i), announced U.S. Attorney Duane A. Evans.
According to court documents, WILLIAMS sold marijuana in the New Orleans area, including through his Instagram accounts. WILLIAMS frequently posted photos and videos to Instagram showing him in possession of firearms, marijuana, and large amounts of cash.
Law enforcement tracked a GMC Sierra pickup truck, stolen in New Orleans to WILLIAMS’s residence. Officers executed a search warrant at WILLIAMS’s residence and recovered the following items: a Glock Model 22, .40 caliber firearm (reported stolen), a Glock Model 19, nine-millimeter firearm, and a large glass jar containing 75 grams of marijuana, some of which was packaged for distribution. Both firearms were loaded and had extended magazines. WILLIAMS possessed the firearms and ammunition in furtherance of his drug trafficking crime.
WILLIAMS faces a mandatory minimum sentence of five years up to life in prison, up to three years of supervised release, up to a $250,000 fine and a mandatory special assessment fee of $100.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by theUnited States Bureau of Alcohol, Tobacco, Firearms, and Explosives and the New Orleans Police Department. It is being prosecuted by Assistant United States Attorney Mary Katherine Kaufman of the General Crimes Unit.
Michigan Man Sentenced for Methamphetamine TraffickingRead the Press Release
CLARKSBURG, WEST VIRGINIA – Drake D. Dodson-Williams, 33, of Southgate, Michigan, was sentenced to 70 months in federal prison for possession with intent to distribute methamphetamine.
According to court documents and statements made in court, Dodson-Williams was the leader of a drug trafficking organization, operating from Michigan to Harrison County, West Virginia. During a traffic stop on Dodson-Williams’s vehicle, officers seized cocaine, heroin, methamphetamine, and cash. The defendant has a criminal history that includes multiple drug convictions.
Dodson-Williams will serve three years of supervised release following his prison sentence.
Assistant U.S. Attorney Christie Utt prosecuted the case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives; the Greater Harrison Drug Task Force, a HIDTA-funded initiative; and the Harrison County Sheriff’s Office investigated.
Chief U.S. District Judge Thomas S. Kleeh presided.
Mexican National Sentenced to 15 Years in Federal Prison on Drug ChargesRead the Press Release
BOISE – Efren Alexander Aviles-Pacheco, 29, of Culiacan, Sinaloa, Mexico, illegally living in Ontario, Oregon, was sentenced to 15 years in federal prison for possession with intent to distribute methamphetamine, U.S. Attorney Josh Hurwit announced today. Senior U.S. District Court Judge B. Lynn Winmill also sentenced Aviles-Pacheco to serve 10 years of supervised release, but advised Aviles-Pacheco that he will most certainly be deported to Mexico after serving his sentence.
According to court records, Aviles-Pacheco, was arrested on November 22, 2022, in a motel room in Nampa. He was found in possession of 122 grams of methamphetamine, 365 grams of fentanyl, 29 grams of cocaine, $3,415 in cash, and a 9mm handgun. He pleaded guilty to possession with intent to distribute methamphetamine on August 5, 2024. In 2019, Aviles-Pacheco was previously convicted of the same charge in the District of Idaho. On February 12, 2019, Aviles-Pacheco was sentenced to 46 months in prison and was deported to Mexico after serving his sentence. Shortly after being deported, he returned to the United States and resumed his drug trafficking activities. At sentencing, Judge Winmill found that he was likely responsible for the death of at least two individuals who overdosed on drugs provided by him. Judge Winmill stated that “if ever there was a case that screamed out for a long prison sentence, this is the case.” Aviles-Pacheco is prohibited from possessing firearms due to his status of being an illegal alien, yet in both of his federal cases, he possessed handguns.
Aviles-Pacheco is the latest member of an Ontario, Oregon family that has been convicted of drug trafficking crimes.
- Aviles-Pacheco’s father, Efren Ramon Aviles-Lopez, a/k/a Marcelo Sanchez-Espinoza, was sentenced in the District of Idaho in 2015 to serve 20 years for conspiracy to distribute methamphetamine;
- His mother, Alma Loreno Pacheco-Ortiz, was sentenced in 2024 in the District of Oregon to time served and five years of supervised release after she was arrested transporting 40 pounds of methamphetamine, a kilo of heroin, and a firearm;
- His grandfather, Efren Avilez-Lopez, was sentenced in 2024 to 9 years in federal prison for possession with intent to distribute 20 pounds of methamphetamine in the District of Idaho;
- His grandmother, Maria Medina-Zeveda, was sentenced in 2024 to 37 months in federal prison for possession with intent to distribute 20 pounds of methamphetamine in the District of Idaho;
- His uncle, Victor Pacheco-Ortiz, was sentenced in 2024 to five years in federal prison for possession with intent to distribute 21 pounds of methamphetamine in the District of Idaho; and
- His sister, Esmeralda Aviles-Pacheco, was indicted, on December 10, 2024, on two counts of distributing methamphetamine and one count of distributing fentanyl in the District of Idaho. On December 11, 2024, she appeared in court on the indictment and entered a not guilty plea. A trial was scheduled for February 10, 2025.
“Through his repeated involvement in this longstanding drug trafficking operation in Oregon, this defendant has earned every day of his 15-year sentence,” said U.S. Attorney Hurwit. “I commend our prosecutors and thank our law enforcement partners—in both Idaho and Oregon—for dismantling criminal networks like this one and eliminating drug distribution pathways into Idaho.”
“We at the Drug Enforcement Administration and our partners work tirelessly to protect our community from people who sell drugs that harm and kill our citizens,” said David F. Reames, Special Agent in Charge, DEA Seattle Field Division. “Repeat offenders like Mr. Aviles-Pacheco richly deserve long prison terms, since it is clear that there is no other way to keep our communities safe from them. Make no mistake: If you deal drugs in Idaho, our team will hold you accountable.”
U.S. Attorney Hurwit commended the work of the Washington County Sheriff’s Office, the Nampa Police Department, the Drug Enforcement Administration and the High Desert Drug Task Force, with assistance from the Payette County Task Force, which led to the charges. Assistant U.S. Attorney Christian S. Nafzger prosecuted the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
The High Desert Drug Task Force is a multi-jurisdictional narcotics task force that identifies, disrupts, and dismantles local, multi-state, and international drug trafficking organizations using an intelligence-driven, multi-agency prosecutor-supported approach. They are supported by the Oregon-Idaho High-Intensity Drug Trafficking Area (HIDTA).
An indictment is merely an allegation and defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Mexican Felon Sentenced to Federal Prison for Drug Trafficking and Firearm ChargeRead the Press Release
SPARTANBURG, S.C. —Sergio Magallan-Tinoco, a/k/a “John Migo,” 45, of Michoacan, Mexico, was sentenced to 15 years in federal prison for possession with intent to distribute over five kilograms of cocaine and possession of a firearm in furtherance of the drug trafficking crime.
Evidence presented to the court showed that in the Fall of 2023, law enforcement in the Upstate conducted controlled purchases of fentanyl and cocaine from Magallan-Tinoco. Law enforcement later obtained a search warrant for Magallan-Tinoco’s residence, locating additional fentanyl and cocaine, along with a money counter, scales, and a loaded .380 caliber handgun. Magallan-Tinoco was found to be responsible for trafficking 20 kilograms of cocaine. Magallan-Tinoco has a prior conviction for possession with intent to distribute cocaine.
United States District Judge Donald C. Coggins sentenced Magallan Tinoco to 180 months imprisonment to be followed by a five year term of supervised release. A $400,000 forfeiture judgment was also issued against him. There is no parole in the federal system.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case was investigated by Homeland Security Investigations, Border Enforcement Security Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Spartanburg County Sheriff’s Office, Cherokee County Sheriff’s Office, Greenville County Sheriff’s Office, and Greenville County Multi-Jurisdictional Drug Enforcement Unit. Assistant U.S. Attorney Jamie Schoen is prosecuting the case.
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Maximiliano Davila-Perez, Former Head of Bolivian Anti-Narcotics Agency, Extradited to the United States from Bolivia on Cocaine Importation and Firearms ChargesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Anne Milgram, the Administrator of the U.S. Drug Enforcement Administration (“DEA”), announced today that MAXIMILIANO DAVILA-PEREZ, a/k/a “Macho,” was extradited from Bolivia and arrived in the U.S. this morning to face federal charges for conspiring to import cocaine into the U.S. and conspiring to use and possess machineguns in connection with this cocaine importation conspiracy. DAVILA-PEREZ will make his initial appearance in the Southern District of New York this afternoon before the Honorable Robyn F. Tarnofsky. DAVILA-PEREZ’s case is assigned to U.S. District Court Judge Denise L. Cote.
U.S. Attorney Damian Williams said: “As alleged, Maximiliano Davila-Perez abused his position as the head of Bolivia’s anti-narcotics law enforcement agency to instead aid the very narcotics traffickers he was entrusted to investigate and arrest. Along the way, he sought to use Bolivian law enforcement officers to guard and transport cocaine shipments and participate in the shipment of massive quantities of cocaine. While this conduct is abhorrent, it is sadly not shocking; instead, this is the latest example of our work with the DEA’s Special Operations Division in rooting out this type of cocaine-fueled corruption around the globe. Let this be another loud message to those who would abuse their positions to send ton-quantities of cocaine to the United States: our reach is global, our memory is long, and we will not allow you to continue to flood our country with cocaine without punishment. I commend the work of the career prosecutors of this Office, who have investigated and prosecuted these cases alongside the Special Operations Division for years and will continue to do so for as long as remains necessary.”
DEA Administrator Anne Milgram said: “Maximiliano Davila-Perez was supposed to fight the drug trade, but instead he fueled it. As the head of Bolivia's anti-narcotics agency, he turned law enforcement into a cocaine trafficking machine, seeking to flood our streets with poison. His betrayal of public trust ends here. Let this extradition serve as a warning: no corrupt official is untouchable, and the DEA will stop at nothing to bring criminals to justice, no matter where they hide.”
According to the allegations contained in the Superseding Indictment, other court filings, and statements made during court proceedings:[1]
Until in or about November 2019, DAVILA-PEREZ was the Director of Bolivia’s chief anti-narcotics law enforcement agency, Fuerza Especial de Lucha Contra el Narcotráfico (“FELCN”). In DAVILA-PEREZ’s role as Director of FELCN, he exploited his official position in furtherance of large-scale cocaine trafficking activities, including by seeking to divert resources away from investigating traffickers supported by DAVILA-PEREZ, and by providing heavily armed FELCN officers under his command as security for cocaine shipments. DAVILA-PEREZalso worked in partnership with large-scale cocaine suppliers who operated cocaine labs in Bolivia and agreed to ship more than a thousand kilograms of Bolivian cocaine to New York.
In or around July 2019, while DAVILA-PEREZ was still the Director of FELCN, DAVILA-PEREZ and his co-conspirators were recorded while they discussed a plot to send over one ton of cocaine to the U.S. via airplane from Bolivia. During that meeting, DAVILA-PEREZ suggested using particular airfields in Bolivia at which he controlled airport security and could divert law enforcement resources to provide cover while the aircraft was loaded with ton-quantities of cocaine. DAVILA-PEREZ also committed to providing uniformed FELCN officers armed with machineguns to guard the plane during loading and before takeoff. DAVILA-PEREZ explained that he charged by-the-kilogram rates for the protection of the cocaine load.
In November 2019, DAVILA-PEREZ was demoted from his post at FELCN but continued to use his political influence and law enforcement authority while he conspired to import ton-quantities of cocaine from Bolivia to the U.S. and provide armed paramilitary protection for those cocaine shipments. Indeed, between November 2019 and February 2020, during a series of recorded meetings and calls, DAVILA-PEREZ and his co-conspirators continued to arrange the anticipated cocaine shipment. During those meetings, DAVILA-PEREZ discussed the drug competition in the New York market; his continued promise to provide armed protection for the cocaine shipment; and the successful delivery of a 10-kilogram sample of cocaine in Lima, Peru, which was delivered on or about December 10, 2019, in anticipation of the larger cocaine shipment that DAVILA-PEREZ and his co-conspirators intended to import to the U.S. under DAVILA-PEREZ’s protection.
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DAVILA-PEREZ, 60, of Bolivia, is charged with: conspiring to import cocaine into the U.S., which carries a mandatory minimum sentence of 10 years in prison and a maximum term of life in prison; and conspiring to use and carry machineguns during, and to possess machineguns in furtherance of, the cocaine importation conspiracy, which carries a maximum term of life in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding efforts of the Special Operations Division of the DEA Bilateral Investigations Unit for its ongoing assistance. He also thanked the DEA Southern Cone Division, the DEA Newark Field Division, the DEA Aviation Division, and the U.S. Department of Justice’s Office of International Affairs for securing extradition of DAVILA-PEREZ.
This prosecution is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorneys Sam Adelsberg, Matthew J.C. Hellman, and David J. Robles are in charge of the prosecution.
The charges in the Superseding Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment, and the description of the Indictment and court filings set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Maryland Man Convicted of Sexual Assault on Baltimore Cruise ShipRead the Press Release
Baltimore, Maryland – After a two-week trial, a federal jury found Jalen Thomas Kelley, 22, Abingdon, Maryland, guilty of aggravated sexual abuse, sexual abuse, and assault within the territorial jurisdiction.
Erek L. Barron, U.S. Attorney for the District of Maryland announced the verdict with Special Agent in Charge William J. DelBagno, Federal Bureau of Investigation (FBI), Baltimore Field Office.
“Sexual violence is a horrific violation of personal autonomy and will not be tolerated. We will hold perpetrators accountable,” said U.S. Attorney Barron. “This verdict should send a message to survivors that they are heard, validated and supported.”
According to the evidence presented at trial, between January 1, and January 2, 2023, the defendant forcibly raped and assaulted the victim, who was a minor at the time, aboard the Carnival Legend. The cruise vessel was scheduled to return to Baltimore on January 2. In addition to the charged offenses, during trial, prosecutors presented testimony from six other individuals who alleged Kelley sexually assaulted them on separate occasions. Kelley faces a maximum sentence of life in prison. A federal district court judge will determine the sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
“We will never stop working to serve justice for the victims of predators like Mr. Kelley, no matter where the crime occurs,” said FBI Baltimore SAC DelBagno said. “Today’s conviction reflects the unwavering resolve of the FBI to protect our communities and keep Americans safe.”
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 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 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. For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.
U.S. Attorney Barron commended the FBI, for its work in the case, and thanked the Harford County State’s Attorney’s Office; Harford Country Sherriff’s Office; Union County North Carolina District Attorney’s Office; Wingate University Campus Safety; and the Wingate Police Department for their assistance. Additionally, Mr. Barron thanked Assistant U.S. Attorneys Sean R. Delaney and Colleen Elizabeth McGuinn, who prosecuted the federal case. He also recognized FBI Special Agent Calista Walker and Legal Administrative Specialist Julie Jarman.For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Man Sentenced to 18 Years in Prison for RobberiesRead the Press Release
AKRON, Ohio – Timothy Hyatt, 36, of Akron, has been sentenced to 18 years in prison by U.S. District Judge Charles Fleming after pleading guilty to four counts of interference with commerce by means of robbery, and two counts of using, carrying, and brandishing a firearm during a crime of violence.
According to court documents, from December 2023 to January 2024, Hyatt entered multiple businesses to commit robberies. He threatened employees with a loaded firearm, and in one instance, shots were exchanged between Hyatt and an employee who had obtained a firearm. Hyatt was shot during the scuffle and left the business. After he was treated at a local hospital for a gunshot wound, he was taken to the Akron Police Department, read his Miranda rights, and eventually confessed to committing four robberies.
The business locations Hyatt robbed were:
- Panera Bread, Cuyahoga Falls, Dec. 19, 2023
- Sav-a-Lot, Akron, Dec. 27, 2023
- Game Stop, Akron, Dec. 29, 2023
- Taco Bell, Akron, Jan. 1, 2024
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Akron Police Department, and the Cuyahoga Falls Police Department.
This case was prosecuted by Assistant U.S. Attorney Joseph Dangelo for the Northern District of Ohio.
Madison Man Sentenced to 14 Months for Passing Counterfeit $100 BillsRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Alex J. Stubbs, 27, Madison, Wisconsin, was sentenced yesterday by U.S. District Judge William M. Conley to 14 months in federal prison for passing counterfeit U.S. currency. Stubbs pleaded guilty to this charge on September 19, 2024. He was also ordered to pay $3,400 in restitution.
Between July and November 2023, Stubbs and codefendant Cornelius Stewart presented counterfeit $100 bills to more than three dozen merchants throughout Wisconsin. Stubbs and Stewart presented the phony bills when making small purchases, thereby receiving significant amounts of change in legitimate U.S. currency. Stewart manufactured the bills and gave them to Stubbs in exchange for legitimate currency.
Stewart pleaded guilty on December 9, 2024. His sentencing is scheduled for February 27, 2025.
The charges against Stubbs and Stewart were the result of an investigation conducted by Madison, Fitchburg, Sun Prairie, Cottage Grove, Cross Plains, Lake Mills, Marshall, Verona, Shorewood Hills, Tomah, Oconomowoc Police Departments, as well as the Dane County Sheriff’s Office and the United States Secret Service. Assistant U.S. Attorney Robert Anderson prosecuted this case.
Luzerne County Man Sentenced to 136 Months in Prison for Drug Trafficking and Possession of Firearms in Furtherance of Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Charles Vincent Benincasa, age 41, of Kingston, Pennsylvania, was sentenced on December 12, 2024, to 136 months’ imprisonment by United States District Court Judge Robert D. Mariani for possession with intent to distribute controlled substances and possession of firearms in furtherance of drug trafficking.
According to United States Attorney Gerard M. Karam, on July 19, 2023, Benincasa distributed cocaine out of his home in Kingston. Two days later, the Luzerne County Drug Task Force executed a search warrant on that same home. Task Force Members discovered distribution amounts of cocaine, marijuana and fentanyl, and in total, nearly $15,000 dollars in cash. Benincasa was also in possession of one thousand rounds of ammunition and six firearms, to include multiple handguns and rifles. Two firearms bore no serial numbers, commonly known as untraceable “ghost guns.” At least one of the unserialized firearms was an AR-15 style short-barrel rife. One handgun had an extended 31-round magazine.
The case was investigated by the Luzerne County Drug Task Force together with the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Luisa Honora Berti is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The maximum penalty under federal law for this offense is a term of life imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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Los Angeles Man Pleads Guilty to Money LaunderingRead the Press Release
SACRAMENTO, Calif. — Tracy Arnett, 39, of Los Angeles, pleaded guilty today to conspiracy to commit money laundering, U.S. Attorney Phillip A. Talbert announced.
According to court documents, from August 2023 through March 2024, Arnett and three co-conspirators conducted multiple financial transactions involving funds they believed to be proceeds of cocaine trafficking. Their belief as to the nature of the funds was based on representations of an individual working at the direction of law enforcement. In total, the co-conspirators received approximately $940,000 in purported drug trafficking proceeds. Of that amount, the co-conspirators laundered approximately $811,000.
This case is the product of an investigation by the IRS Criminal Investigation and the Federal Bureau of Investigation. Assistant U.S. Attorneys Matthew Thuesen and Whitnee Goins are prosecuting the case.
A sentencing date for Arnett has not been set. Arnett is scheduled for a status conference regarding sentencing before U.S. District Judge Dena Coggins on June 13, 2025. Arnett faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the court’s discretion after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Kennedy Street Drug Gang Members Sentenced for Drug Trafficking While Armed with GunsRead the Press Release
WASHINGTON – Angel Enrique Suncar, 31, and Tristan Miles Ware, 25, both of Washington D.C. and members of the violent Kennedy Street Crew (KDY), were sentenced today for their roles in a massive drug trafficking organization that operated open-air markets in Northwest Washington D.C.
Suncar, a twice-convicted felon who sold marijuana and cocaine base and also possessed firearms to facilitate the crew’s drug trafficking activities, was sentenced to 60 months in federal prison. Suncar, aka “Coqui,” pleaded guilty on June 12, 2024, to possessing a firearm during a drug trafficking crime. In addition to the prison term, U.S. District Judge Beryl A. Howell ordered Suncar to serve five years of supervised release. Ware, aka “Greedy,” pleaded guilty July 11, 2024, to conspiracy to distribute 100 kilograms or more of marijuana and to possession of a firearm during a drug trafficking offense. Judge Howell sentenced Ware to 120 months in prison and also ordered him to serve five years of supervised release.
The sentences were announced by U.S. Attorney Matthew M. Graves, FBI Acting Special Agent in Charge David Geist of the Washington Field Office Criminal and Cyber Division, DEA Special Agent in Charge Jarod Forget of the Washington Division, ATF Special Agent in Charge Anthony Spotswood of the Bureau of Alcohol, Tobacco, Firearms, and Explosives - Washington Division, and Special Agent in Charge Kareem Carter, of the Internal Revenue Service – Criminal Investigation Washington D.C. Field Office.
According to court documents, KDY members operated open-air drug markets on an 11-block stretch of Kennedy Street in Northwest Washington, D.C., as well as surrounding streets. Like many drug trafficking organizations (DTOs), KDY armed itself with fire power to facilitate the drug trade and defend its territory from rival crews.
Suncar was a regular presence in the open-air drug market that KDY controlled. Law enforcement collected evidence of his trafficking at or near his residence on the 1200 block of Kennedy Street NW. Suncar’s role as a trafficker for the KDY crew was further borne out by law enforcement’s recovery of narcotics, cash, and two firearms at his residence on June 27, 2023. On that date, law enforcement searched his residence as part of a coordinated arrest operation conducted at locations in Northern Virginia, Maryland, and the District of Columbia. At Suncar’s residence, law enforcement discovered the hallmarks of a drug trafficker who manufactures his own supply: multiple baggies of crack cocaine, multiple Pyrex dishes containing powered residue, digital scales, two firearms, additional ammunition, and approximately $1,410 in cash.
Ware was apprehended on June 26, 2023, at a residence on the 1300 block of 5th Street NW, along with two co-defendants. At the residence, law enforcement recovered 3.5 kilos of marijuana, approximately $2,710 in cash, and six firearms. One of the firearms was a Glock 23 handgun which was swabbed for DNA and matched that of Ware’s. Months prior to the arrest, on January 26, 2023, law enforcement encountered Ware at a home on the 1700 block of D Street, NE, with several KDY members suspected of smuggling marijuana from California to the DMV via commercial flights. Agents recovered ten firearms, assorted ammunition, 21 kilos of marijuana packed in suitcases, and 40 grams of fentanyl-laced pills at the home.
This investigation was conducted under the auspices of the Organized Crime Drug Enforcement Task Force. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
This case was investigated by the Metropolitan Police Department, the DEA’s Washington Division, ATF’s Washington Field Division, with assistance from FBI’s Washington Field Office, and the IRS-Criminal Investigation Washington, D.C. Office.
The matter is being prosecuted by Assistant U.S. Attorneys Matthew W. Kinskey and Sitara Witanachchi, of the of the Violence Reduction and Trafficking Offenses Section of the U.S. Attorney’s Office for the District of Columbia.
DEFENDANTS
NAME
AGE
CHARGES/SENTENCES
Kenneth Ademola Olugbenga27Pleaded Guilty to Conspiracy to Distribute and Possess with the Intent to Distribute 500 Grams or more of Cocaine Base, and a Detectable Amount of Marijuana; and Possessing a Firearm in Furtherance of a Drug Trafficking Offense. Sentencing is scheduled for January 16, 2025.Khali Ahmed Brown, aka “Migo Lee”22Pleaded Guilty to Conspiracy to Distribute 100 Kilograms or More of Marijuana and 400 Grams or More of Fentanyl and Oxycodone; Possession of a Firearm in Furtherance of a Drug Trafficking Offense; and Assault with a Dangerous Weapon. Sentencing is scheduled for January 9, 2025.Keion Michael Brown21Pleaded Guilty to Conspiracy to Distribute 100 Kilograms or More of Marijuana and Oxycodone and Possessing a Firearm in Furtherance of a Drug Trafficking Crime. Sentencing is scheduled for January 9, 2025.Miasiah Jamal Brown, aka “Michael Jamal Crawford”21Sentenced August 16, 2024, to Five Years for Possessing a Firearm in Furtherance of a Drug Trafficking Crime.Tristan Miles Ware, aka “Greedy”23Sentenced December 13, 2024, to 120 Months for Conspiracy to Distribute 100 Kilos of Marijuana; and Possessing a Firearm During a Drug Trafficking Crime.Jovan Williams, aka “Chewy” and “Choo”20Pleaded Guilty to Conspiracy to Distribute 100 Kilograms or More of Marijuana and Armed Carjacking. Sentencing is scheduled for January 16, 2025.Herman Eric-Bibmin Signou, aka “Herman Signour”23Sentenced March 22, 2024, to 40 Months for Conspiracy to Distribute and Possess with Intent to Distribute 100 Kilograms of More of MarijuanaCameron Xavier Reid26Sentenced May 31, 2024, to 60 Months for Conspiracy to Distribute 100 Kilograms of More of Marijuana.Warren Lawrence Fields, III, aka B-Dub26Sentenced May 16, 2024, to 60 Months for Possessing a Firearm During a Drug Trafficking Offense and for Conspiracy to Commit Money Laundering.Juwan Demetrius Clark, aka “Squirrel”28Pleaded Guilty to Conspiracy to Commit Money Laundering. Sentencing is scheduled for January 9, 2025.Aaron DeAndre Mercer, aka “Curby,”27Sentenced September 13, 2024, to 120 Months for Conspiracy to Distribute 400 Grams or More of Fentanyl, Marijuana, and Cocaine Base.David Penn, aka “Turtle”31Sentenced November 15, 2024, to 220 Months for Conspiracy to Distribute Marijuana, 40 Grams or More of Fentanyl, and a Mixture of Cocaine Base; and Two Counts of Possessing a Firearm in Furtherance of a Drug Trafficking Offense.Ronald Lynn Dorsey, aka “Ron G” and “HBGeezy”29Sentenced September 13, 2024, to 30 Months for Conspiracy to Commit Money Laundering.Antonio Reginald Bailey, aka “Boy Boy,” and “Fellow King”22Sentenced February 8, 2024, to 24 Months for Receiving a Firearm While Under Indictment.Anthony Trayon Bailey, aka “Fat Ant,” and “Bizzle”27Sentenced April 26, 2024, to 15 Months for Conspiracy to Distribute 100 Kilograms or More of Marijuana, 400 Grams or More of Fentanyl, and a Mixture and Substance Containing a Detectable Amount of Cocaine Base.Angel Enrique Suncar, aka “Coqui”29Sentenced December 12, 2024, to 60 Months for Possessing a Firearm During a Drug Trafficking Crime.Adebayo Adediji Green30Sentenced August 16, 2024, to 60 Months for Possessing a Firearm in Furtherance of a Drug Trafficking Crime.Defendant Cameron Reid is from Falmouth, VA; all remaining defendants are from Washington, D.C.
23cr0202
Justice Department Announces Resolution of Criminal and Civil Investigations into McKinsey & Company’s Work with Purdue Pharma L.P.; Former McKinsey Senior Partner Charged with Obstruction of JusticeRead the Press Release
McKinsey & Company Inc. (McKinsey), a global management consulting firm based in New York, has agreed to pay $650 million to resolve a criminal and civil investigation into the firm’s consulting work with opioids manufacturer Purdue Pharma L.P. (Purdue). The resolution pertains to McKinsey’s advice to Purdue concerning the sales and marketing of Purdue’s extended-release opioid drug, OxyContin, including a 2013 engagement in which McKinsey advised on steps to “turbocharge” sales of OxyContin.
Today’s resolution marks the first time a management consulting firm has been held criminally responsible for advice resulting in the commission of a crime by a client and reflects the Justice Department’s ongoing efforts to hold actors accountable for their roles in the opioid crisis. The resolution is also the largest civil recovery for such conduct.
Additionally, a former McKinsey senior partner who worked on Purdue matters has been charged with obstruction of justice in federal court in Abingdon, Virginia. Martin E. Elling, 60, a U.S. citizen currently residing in Bangkok, Thailand, has been charged with one count of knowingly destroying records, documents and tangible objects with the intent to impede, obstruct and influence the investigation and proper administration of a matter within the jurisdiction of the Justice Department. Elling has agreed to plead guilty and is expected to appear in federal court in Abingdon to enter his plea and for sentencing at later dates.
As part of the government’s resolution with McKinsey, the company has entered into a five-year deferred prosecution agreement (DPA) (part one and part two) in connection with a criminal Information filed in U.S. District Court for the Western District of Virginia against McKinsey’s U.S. subsidiary (McKinsey & Company Inc. United States, “McKinsey U.S.”). The information charges McKinsey U.S. with one felony count of knowingly destroying records, documents and tangible objects with the intent to impede, obstruct, and influence the investigation and proper administration of a matter within the jurisdiction of the Justice Department; and one misdemeanor count of knowingly and intentionally conspiring with Purdue and others to aid and abet the misbranding of prescription drugs, held for sale after shipment in interstate commerce, without valid prescriptions.
McKinsey has agreed to pay a penalty of over $231 million, a forfeiture amount of over $93 million (reflecting all money it was paid by Purdue from 2004 to 2019) and a payment of $2 million to the Virginia Medicaid Fraud Control Unit to resolve the criminal allegations. McKinsey also has entered into a civil settlement agreement in which it will pay over $323 million to resolve its liability under the False Claims Act for allegedly providing advice to Purdue Pharma L.P. that caused the submission of false and fraudulent claims to federal healthcare programs for medically unnecessary prescriptions of OxyContin, as well as allegedly failing to disclose to the U.S. Food and Drug Administration (FDA) conflicts of interest arising from McKinsey US’s concurrent work for Purdue and the FDA. This brings the total payments under the global resolution to $650 million.
Today’s filing includes a 71-page Agreed Statement of Facts, which provides a detailed account of McKinsey’s work with Purdue relating to OxyContin. As part of the resolution, McKinsey has agreed to implement a significant compliance program, including a system of policies and procedures designed to identify and assess high-risk client engagements. As part of this compliance program, McKinsey will implement new document retention procedures and training for all partners, officers and employees who provide or implement advice to clients. This compliance program is in addition to the provisions negotiated between McKinsey and the Department in a concurrent resolution with McKinsey & Company Africa that was announced on Thursday, Dec. 5.
McKinsey has also agreed that it will not do any work related to the marketing, sale, promotion or distribution of controlled substances during the five-year term of the DPA. The resolution requires McKinsey’s Managing Partner to certify, on an annual basis, the firm’s compliance with its obligations under the DPA and federal law.
“This global resolution shows the department’s commitment to holding accountable those who played key roles in fueling the opioid crisis,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Consulting companies cannot advise their clients to break the law, and then skirt responsibility when their clients do so.”
“For the first time in history, the Justice Department is holding a management consulting firm and one of its senior executives criminally responsible for the sales and marketing advice it gave resulting in the commission of crime by a client,” said U.S. Attorney Christopher R. Kavanaugh for the Western District of Virginia. “This ground-breaking resolution demonstrates the Justice Department’s ongoing commitment to hold accountable those companies and individuals who profited from our Nation’s opioid crisis.”
“McKinsey schemed with Purdue Pharma to ‘turbocharge’ OxyContin sales during a raging opioid epidemic — an epidemic that continues to decimate families and communities across the nation. Today’s groundbreaking resolution makes clear our office’s commitment to holding powerful companies accountable for their part in the opioid epidemic, even if they did not make, sell, or dispense the drugs,” said U.S. Attorney Joshua Levy for the District of Massachusetts. “Consulting firms like McKinsey should get the message: if the advice you give to companies in boardrooms and PowerPoint presentations aids and abets criminal activity, we will come after you and we will expose the truth.”
“No amount of money can make-up for the devastating impact and heartbreaking loss of life the opioid crisis has inflicted on the people of Massachusetts, and our country. But today’s settlement is a sobering reminder that if you try to capitalize on a crisis by putting profits over patient safety — and then try to obstruct a federal investigation — you will pay a hefty price,” said Special Agent in Charge Jodi Cohen of the FBI Boston Field Office. “McKinsey is now being held criminally and financially accountable for devising an aggressive marketing strategy that was in reality a roadmap to boost sales of highly addictive opioids. Their actions resulted in powerful prescription painkillers being used in an unsafe, ineffective, and medically unnecessary manner. As both health care consumers, and taxpayers, this type of fraud negatively impacts all of us.”
“McKinsey’s management consulting work with Purdue Pharmaceuticals significantly contributed to a devastating public health crisis affecting American families and communities nationwide,” said Inspector General Christi A. Grimm of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG is committed to holding accountable those who violate the law and put the public at risk, including health care consultants who are complicit in fraudulent schemes.”
“Aiding and abetting in the potential misbranding and illegal distribution of controlled substances poses a danger to U.S. consumers,” said Special Agent in Charge George A. Scavdis of the FDA Office of Criminal Investigations Metro Washington Field Office. We will continue to investigate and bring to justice companies whose actions put profits over patient safety.”
“Today’s resolution holds this defendant accountable for its role in the aggressive marketing and promotion of opioids. Their actions led to medically unnecessary opioid prescriptions, which compromised the integrity of VA’s healthcare system that cares for our nation’s veterans,” said Department of Veterans Affairs (VA) Inspector General Michael J. Missal. “We thank our law enforcement partners for their diligent work in bringing this case to closure.”
“It shocks the conscience that a major consulting corporation would actively seek to increase the submission of fraudulent claims for medically unnecessarily opioid prescriptions in the midst of the opioid crisis,” said Inspector General Krista A. Boyd of the U.S. Office of Personnel Management Office of the Inspector General. “The outstanding efforts of our law enforcement partners and colleagues at the Department of Justice led to this ground-breaking result. We must hold accountable those who prey upon the most vulnerable Americans in the name of increased profits.”
As described in the DPA, McKinsey received credit for its cooperation with the United States in connection with the criminal investigation, including providing updates regarding information obtained through is internal investigation; highlighting documents of interest in voluminous productions; and facilitating interviews. McKinsey also engaged in extensive remedial measures, including voluntarily stopping all work in 2019 on any opioid-specific business issues; terminating two senior partners, including Elling, who communicated about deleting opioid-related documents concerning Purdue; hiring a new chief legal officer and chief ethics and compliance officer; significantly enhancing its new client selection framework; and deploying a formalized diligence review and intake process for all clients. McKinsey has agreed to continue to cooperate with the United States.
McKinsey’s Criminal Liability for Misbranding
The criminal misbranding charge was based on McKinsey’s advice to Purdue Pharma L.P. as set forth in the Agreed Statement of Facts filed today. Between 2004 and 2019, McKinsey contracted with Purdue on 75 different engagements in the United States. In 2007, a Purdue affiliate pleaded guilty to misbranding OxyContin, from 1996 through 2001, by falsely marketing it as less addictive, less subject to abuse and diversion, and less likely to cause dependence and withdrawal than other pain medications, and Purdue entered into a five-year corporate integrity agreement (CIA) with HHS-OIG. After the 2007 guilty plea, McKinsey partners maintained close contact with Purdue, and in 2009, worked with Purdue to enhance “brand loyalty” for OxyContin and protect market share. In 2010 McKinsey worked with Purdue to obtain FDA approval for a version of OxyContin that was reformulated with abuse-deterrent properties. Following the introduction of reformulated OxyContin in August 2010, OxyContin sales immediately began to decline. Purdue studied the drivers for this decline and attributed it, in large part, to a drop in prescriptions for individuals abusing OxyContin and increases in regulatory safeguards intended to hinder medically unnecessary prescribing of OxyContin.
In May 2013, Purdue retained McKinsey to conduct a rapid assessment of the underlying drivers of OxyContin performance, identify key opportunities to increase near-term OxyContin revenue and develop plans to capture priority opportunities. This 2013 effort was called Evolve to Excellence, or “E2E,” and included McKinsey advising Purdue on how to “turbocharge” the sales pipeline for OxyContin by, among other strategies, intensifying marketing to High Value Prescribers, included prescribers who were writing opioid prescriptions for uses that were unsafe, ineffective, and medically unnecessary. McKinsey consultants spoke with Purdue about the concerns and increasing reluctance of pharmacists and pharmacy chains to fill prescriptions for OxyContin as abuse of the drug rose. McKinsey consultants also went on several “ride-alongs” with Purdue sales representatives in the field, as these sales representatives called on prescribers and pharmacists. In notes about one of these ride-alongs, a McKinsey consultant wrote, in part, “Pharmacist; [had] a gun and was shaking; abuse is definitely a huge issue[.]”
In August 2013, McKinsey partners met with certain members of the Purdue Board of Directors (members of the family that controlled Purdue) to present McKinsey’s findings and proposal; as one McKinsey partner reported afterwards, “[b]y the end of the meeting the findings were crystal clear to everyone and they gave a ringing endorsement of ‘moving forward fast.’” McKinsey also described for Purdue the financial value at stake: “hundreds of millions, not tens of millions.”
For Purdue and McKinsey, E2E was a financial success. Their targeting of High Value Prescribers slowed OxyContin’s declining sales and kept Purdue’s profits flowing at the expense of public health. After the conclusion of McKinsey’s work for Purdue on E2E, McKinsey performed additional work with Purdue that also sought to maximize OxyContin sales by further targeting sales efforts to High Value Prescribers.
Obstruction of Justice by Former McKinsey Senior Partner
According to the charging documents filed today, Elling served as the Director of the client services team for approximately 30 of McKinsey’s engagements with Purdue. He had a senior, relationship-focused role with respect to the E2E engagement and was involved in securing the engagement for McKinsey. On July 4, 2018, Elling allegedly emailed another senior partner: “Just saw in the FT that [Purdue board member] is being sued by states attorneys general for her role on the [Purdue] Board. It probably makes sense to have a quick conversation with the risk committee to see if we should be doing anything other [than] eliminating all our documents and emails. Suspect not but as things get tougher there someone might turn to us.” According to court documents, forensic analysis of Elling’s McKinsey-issued laptop found that Elling in fact removed materials related to McKinsey’s work for Purdue from the laptop, as well as a Purdue-related folder from his Outlook email account.
Elling faces a maximum penalty of 20 years in prison, three years of supervised release and a fine up to $250,000 for the obstruction of justice charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
False Claims to Federal Healthcare Programs
The department’s civil False Claims Act settlement resolves allegations that, from 2013 to 2014, McKinsey US, by advising Purdue to turbocharge OxyContin marketing to High Value Prescribers, some of whom were already prescribing very large quantities of OxyContin, as a means to increase OxyContin sales, and despite its awareness of the opioid crises, thereby knowingly caused false and fraudulent claims for OxyContin to be submitted to Medicare, Medicaid, TRICARE, the Federal Employees Health Benefit Program and the Veterans Health Administration.
Along with the civil settlement, McKinsey US entered into a five-year Corporate Integrity Agreement with HHS-OIG. The CIA, HHS-OIG’s first with a management consulting firm, contains novel obligations regarding risk assessment and quality control. First, the CIA requires McKinsey’s Compliance Committee to establish a robust risk evaluation process, evaluating engagement risks and providing quality oversight for certain client deliverables. Second, it requires McKinsey to establish a Quality Review Program to assess the quality of McKinsey’s advice to certain life sciences and health care clients with the dual goals of ensuring that McKinsey complies with applicable laws and does not provide or assist clients with plans, advice, or strategies that violate the law. HHS-OIG will select an independent Compliance Expert to review McKinsey’s systems and processes under the Quality Review Program and to review a sample of McKinsey client engagements, including the advice provided to those clients.
False Claims to FDA
The department’s civil False Claims Act settlement also resolves allegations that, from 2014 to 2017, McKinsey US knowingly misled the FDA by assigning consultants to concurrently work on both FDA projects and competitively sensitive Purdue projects, contrary to McKinsey US’ conflict of interest policy. While soliciting a contract from the FDA, McKinsey US represented to the FDA that it had a conflict-of-interest policy in which its consultants serving the FDA would not be assigned to a competitively sensitive project for a significant period of time following an assignment for FDA. The FDA then awarded McKinsey US the first in a series of contracts on a project relating to the monitoring of the safety of FDA-regulated products. McKinsey US admitted that it did not inform the FDA that its consultants worked on the Purdue projects around the same time those consultants also worked on the FDA project.
Assistant U.S. Attorney Randy Ramseyer for the Western District of Virginia; Assistant U.S. Attorneys Amanda P. Masselam Strachan and William B. Brady for the District of Massachusetts; Senior Trial Counsel Kristen M. Echemendia of the Civil Division’s Commercial Litigation Branch, Fraud Section; Trial Attorneys Jessica Harvey and Steven R. Scott of the Civil Division’s Consumer Protection Branch; and Special Assistant U.S. Attorneys and Assistant Attorneys General Kristin Gray and Kimberly Bolton of the Virginia Office of the Attorney General’s Medicaid Fraud Control Unit are prosecuting the criminal case against Elling and McKinsey.
The civil resolution was handled by Senior Trial Counsel Christopher Terranova of the Civil Division’s Commercial Litigation Branch, Fraud Section. The FDA Office of Criminal Investigations, FBI and Offices of the Inspector General of the Department of Health and Human Services, Department of Veterans Affairs and Office of Personnel Management investigated the case, with assistance from the Department of Justice’s Computer Crimes and Intellectual Property Section Cybercrime Lab.
The details contained in the charging documents and civil resolution are merely allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Justice Department Announces Resolution of Criminal and Civil Investigations into McKinsey & Company’s Work with Purdue Pharma L.P.; Former McKinsey Senior Partner Charged with Obstruction of JusticeRead the Press Release
BOSTON — McKinsey & Company Inc. (McKinsey), a global management consulting firm based in New York, has agreed to pay $650 million to resolve a criminal and civil investigation into the firm’s consulting work with opioids manufacturer Purdue Pharma L.P. (Purdue). The resolution pertains to McKinsey’s advice to Purdue concerning the sales and marketing of Purdue’s extended-release opioid drug, OxyContin, including a 2013 engagement in which McKinsey advised on steps to “turbocharge” sales of OxyContin.
Today’s resolution marks the first time a management consulting firm has been held criminally responsible for advice resulting in the commission of a crime by a client and reflects the Justice Department’s ongoing efforts to hold actors accountable for their roles in the opioid crisis. The resolution is also the largest civil recovery for such conduct.
Additionally, a former McKinsey senior partner who worked on Purdue matters has been charged with obstruction of justice in federal court in Abingdon, Virginia. Martin E. Elling, 60, a U.S. citizen currently residing in Bangkok, Thailand, has been charged with one count of knowingly destroying records, documents and tangible objects with the intent to impede, obstruct and influence the investigation and proper administration of a matter within the jurisdiction of the Justice Department. Elling has agreed to plead guilty and is expected to appear in federal court in Abingdon to enter his plea and for sentencing at later dates.
As part of the government’s resolution with McKinsey, the company has entered into a five-year deferred prosecution agreement (DPA) in connection with a criminal Information filed in U.S. District Court for the Western District of Virginia against McKinsey’s U.S. subsidiary (McKinsey & Company Inc. United States, “McKinsey U.S.”). The information charges McKinsey U.S. with one felony count of knowingly destroying records, documents and tangible objects with the intent to impede, obstruct, and influence the investigation and proper administration of a matter within the jurisdiction of the Justice Department; and one misdemeanor count of knowingly and intentionally conspiring with Purdue and others to aid and abet the misbranding of prescription drugs, held for sale after shipment in interstate commerce, without valid prescriptions.
McKinsey has agreed to pay a penalty of over $231 million, a forfeiture amount of over $93 million (reflecting all money it was paid by Purdue from 2004 to 2019) and a payment of $2 million to the Virginia Medicaid Fraud Control Unit to resolve the criminal allegations. McKinsey also has entered into a civil settlement agreement in which it will pay over $323 million to resolve its liability under the False Claims Act for allegedly providing advice to Purdue Pharma L.P. that caused the submission of false and fraudulent claims to federal healthcare programs for medically unnecessary prescriptions of OxyContin, as well as allegedly failing to disclose to the U.S. Food and Drug Administration (FDA) conflicts of interest arising from McKinsey US’s concurrent work for Purdue and the FDA. This brings the total payments under the global resolution to $650 million.
Today’s filing includes a 71-page Agreed Statement of Facts, which provides a detailed account of McKinsey’s work with Purdue relating to OxyContin. As part of the resolution, McKinsey has agreed to implement a significant compliance program, including a system of policies and procedures designed to identify and assess high-risk client engagements. As part of this compliance program, McKinsey will implement new document retention procedures and training for all partners, officers and employees who provide or implement advice to clients. This compliance program is in addition to the provisions negotiated between McKinsey and the Department in a concurrent resolution with McKinsey & Company Africa that was announced on Thursday, Dec. 5.
McKinsey has also agreed that it will not do any work related to the marketing, sale, promotion or distribution of controlled substances during the five-year term of the DPA. The resolution requires McKinsey’s Managing Partner to certify, on an annual basis, the firm’s compliance with its obligations under the DPA and federal law.
“This global resolution shows the department’s commitment to holding accountable those who played key roles in fueling the opioid crisis,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Consulting companies cannot advise their clients to break the law, and then skirt responsibility when their clients do so.”
“For the first time in history, the Justice Department is holding a management consulting firm and one of its senior executives criminally responsible for the sales and marketing advice it gave resulting in the commission of crime by a client,” said U.S. Attorney Christopher R. Kavanaugh for the Western District of Virginia. “This ground-breaking resolution demonstrates the Justice Department’s ongoing commitment to hold accountable those companies and individuals who profited from our Nation’s opioid crisis.”
“McKinsey schemed with Purdue Pharma to ‘turbocharge’ OxyContin sales during a raging opioid epidemic — an epidemic that continues to decimate families and communities across the nation. Today’s groundbreaking resolution makes clear our office’s commitment to holding powerful companies accountable for their part in the opioid epidemic, even if they did not make, sell, or dispense the drugs,” said U.S. Attorney Joshua Levy for the District of Massachusetts. “Consulting firms like McKinsey should get the message: if the advice you give to companies in boardrooms and PowerPoint presentations aids and abets criminal activity, we will come after you and we will expose the truth.”
“No amount of money can make-up for the devastating impact and heartbreaking loss of life the opioid crisis has inflicted on the people of Massachusetts, and our country. But today’s settlement is a sobering reminder that if you try to capitalize on a crisis by putting profits over patient safety — and then try to obstruct a federal investigation — you will pay a hefty price,” said Special Agent in Charge Jodi Cohen of the FBI Boston Field Office. “McKinsey is now being held criminally and financially accountable for devising an aggressive marketing strategy that was in reality a roadmap to boost sales of highly addictive opioids. Their actions resulted in powerful prescription painkillers being used in an unsafe, ineffective, and medically unnecessary manner. As both health care consumers, and taxpayers, this type of fraud negatively impacts all of us.”
“McKinsey’s management consulting work with Purdue Pharmaceuticals significantly contributed to a devastating public health crisis affecting American families and communities nationwide,” said Inspector General Christi A. Grimm of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG is committed to holding accountable those who violate the law and put the public at risk, including health care consultants who are complicit in fraudulent schemes.”
“Aiding and abetting in the potential misbranding and illegal distribution of controlled substances poses a danger to U.S. consumers,” said Special Agent in Charge George A. Scavdis of the FDA Office of Criminal Investigations Metro Washington Field Office. We will continue to investigate and bring to justice companies whose actions put profits over patient safety.”
“Today’s resolution holds this defendant accountable for its role in the aggressive marketing and promotion of opioids. Their actions led to medically unnecessary opioid prescriptions, which compromised the integrity of VA’s healthcare system that cares for our nation’s veterans,” said Department of Veterans Affairs (VA) Inspector General Michael J. Missal. “We thank our law enforcement partners for their diligent work in bringing this case to closure.”
“It shocks the conscience that a major consulting corporation would actively seek to increase the submission of fraudulent claims for medically unnecessarily opioid prescriptions in the midst of the opioid crisis,” said Inspector General Krista A. Boyd of the U.S. Office of Personnel Management Office of the Inspector General. “The outstanding efforts of our law enforcement partners and colleagues at the Department of Justice led to this ground-breaking result. We must hold accountable those who prey upon the most vulnerable Americans in the name of increased profits.”
As described in the DPA, McKinsey received credit for its cooperation with the United States in connection with the criminal investigation, including providing updates regarding information obtained through is internal investigation; highlighting documents of interest in voluminous productions; and facilitating interviews. McKinsey also engaged in extensive remedial measures, including voluntarily stopping all work in 2019 on any opioid-specific business issues; terminating two senior partners, including Elling, who communicated about deleting opioid-related documents concerning Purdue; hiring a new chief legal officer and chief ethics and compliance officer; significantly enhancing its new client selection framework; and deploying a formalized diligence review and intake process for all clients. McKinsey has agreed to continue to cooperate with the United States.
McKinsey’s Criminal Liability for Misbranding
The criminal misbranding charge was based on McKinsey’s advice to Purdue Pharma L.P. as set forth in the Agreed Statement of Facts filed today. Between 2004 and 2019, McKinsey contracted with Purdue on 75 different engagements in the United States. In 2007, a Purdue affiliate pleaded guilty to misbranding OxyContin, from 1996 through 2001, by falsely marketing it as less addictive, less subject to abuse and diversion, and less likely to cause dependence and withdrawal than other pain medications, and Purdue entered into a five-year corporate integrity agreement (CIA) with HHS-OIG. After the 2007 guilty plea, McKinsey partners maintained close contact with Purdue, and in 2009, worked with Purdue to enhance “brand loyalty” for OxyContin and protect market share. In 2010 McKinsey worked with Purdue to obtain FDA approval for a version of OxyContin that was reformulated with abuse-deterrent properties. Following the introduction of reformulated OxyContin in August 2010, OxyContin sales immediately began to decline. Purdue studied the drivers for this decline and attributed it, in large part, to a drop in prescriptions for individuals abusing OxyContin and increases in regulatory safeguards intended to hinder medically unnecessary prescribing of OxyContin.
In May 2013, Purdue retained McKinsey to conduct a rapid assessment of the underlying drivers of OxyContin performance, identify key opportunities to increase near-term OxyContin revenue and develop plans to capture priority opportunities. This 2013 effort was called Evolve to Excellence, or “E2E,” and included McKinsey advising Purdue on how to “turbocharge” the sales pipeline for OxyContin by, among other strategies, intensifying marketing to High Value Prescribers, included prescribers who were writing opioid prescriptions for uses that were unsafe, ineffective, and medically unnecessary. McKinsey consultants spoke with Purdue about the concerns and increasing reluctance of pharmacists and pharmacy chains to fill prescriptions for OxyContin as abuse of the drug rose. McKinsey consultants also went on several “ride-alongs” with Purdue sales representatives in the field, as these sales representatives called on prescribers and pharmacists. In notes about one of these ride-alongs, a McKinsey consultant wrote, in part, “Pharmacist; [had] a gun and was shaking; abuse is definitely a huge issue[.]”
In August 2013, McKinsey partners met with certain members of the Purdue Board of Directors (members of the family that controlled Purdue) to present McKinsey’s findings and proposal; as one McKinsey partner reported afterwards, “[b]y the end of the meeting the findings were crystal clear to everyone and they gave a ringing endorsement of ‘moving forward fast.’” McKinsey also described for Purdue the financial value at stake: “hundreds of millions, not tens of millions.”
For Purdue and McKinsey, E2E was a financial success. Their targeting of High Value Prescribers slowed OxyContin’s declining sales and kept Purdue’s profits flowing at the expense of public health. After the conclusion of McKinsey’s work for Purdue on E2E, McKinsey performed additional work with Purdue that also sought to maximize OxyContin sales by further targeting sales efforts to High Value Prescribers.
Obstruction of Justice by Former McKinsey Senior Partner
According to the charging documents filed today, Elling served as the Director of the client services team for approximately 30 of McKinsey’s engagements with Purdue. He had a senior, relationship-focused role with respect to the E2E engagement and was involved in securing the engagement for McKinsey. On July 4, 2018, Elling allegedly emailed another senior partner: “Just saw in the FT that [Purdue board member] is being sued by states attorneys general for her role on the [Purdue] Board. It probably makes sense to have a quick conversation with the risk committee to see if we should be doing anything other [than] eliminating all our documents and emails. Suspect not but as things get tougher there someone might turn to us.” According to court documents, forensic analysis of Elling’s McKinsey-issued laptop found that Elling in fact removed materials related to McKinsey’s work for Purdue from the laptop, as well as a Purdue-related folder from his Outlook email account.
Elling faces a maximum penalty of 20 years in prison, three years of supervised release and a fine up to $250,000 for the obstruction of justice charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
False Claims to Federal Healthcare Programs
The department’s civil False Claims Act settlement resolves allegations that, from 2013 to 2014, McKinsey US, by advising Purdue to turbocharge OxyContin marketing to High Value Prescribers, some of whom were already prescribing very large quantities of OxyContin, as a means to increase OxyContin sales, and despite its awareness of the opioid crises, thereby knowingly caused false and fraudulent claims for OxyContin to be submitted to Medicare, Medicaid, TRICARE, the Federal Employees Health Benefit Program and the Veterans Health Administration.
Along with the civil settlement, McKinsey US entered into a five-year Corporate Integrity Agreement with HHS-OIG. The CIA, HHS-OIG’s first with a management consulting firm, contains novel obligations regarding risk assessment and quality control. First, the CIA requires McKinsey’s Compliance Committee to establish a robust risk evaluation process, evaluating engagement risks and providing quality oversight for certain client deliverables. Second, it requires McKinsey to establish a Quality Review Program to assess the quality of McKinsey’s advice to certain life sciences and health care clients with the dual goals of ensuring that McKinsey complies with applicable laws and does not provide or assist clients with plans, advice, or strategies that violate the law. HHS-OIG will select an independent Compliance Expert to review McKinsey’s systems and processes under the Quality Review Program and to review a sample of McKinsey client engagements, including the advice provided to those clients.
False Claims to FDA
The department’s civil False Claims Act settlement also resolves allegations that, from 2014 to 2017, McKinsey US knowingly misled the FDA by assigning consultants to concurrently work on both FDA projects and competitively sensitive Purdue projects, contrary to McKinsey US’ conflict of interest policy. While soliciting a contract from the FDA, McKinsey US represented to the FDA that it had a conflict-of-interest policy in which its consultants serving the FDA would not be assigned to a competitively sensitive project for a significant period of time following an assignment for FDA. The FDA then awarded McKinsey US the first in a series of contracts on a project relating to the monitoring of the safety of FDA-regulated products. McKinsey US admitted that it did not inform the FDA that its consultants worked on the Purdue projects around the same time those consultants also worked on the FDA project.
Assistant U.S. Attorney Randy Ramseyer for the Western District of Virginia; Assistant U.S. Attorneys Amanda P. Masselam Strachan and William B. Brady for the District of Massachusetts; Senior Trial Counsel Kristen M. Echemendia of the Civil Division’s Commercial Litigation Branch, Fraud Section; Trial Attorneys Jessica Harvey and Steven R. Scott of the Civil Division’s Consumer Protection Branch; and Special Assistant U.S. Attorneys and Assistant Attorneys General Kristin Gray and Kimberly Bolton of the Virginia Office of the Attorney General’s Medicaid Fraud Control Unit are prosecuting the criminal case against Elling and McKinsey.
The civil resolution was handled by Senior Trial Counsel Christopher Terranova of the Civil Division’s Commercial Litigation Branch, Fraud Section. The FDA Office of Criminal Investigations, FBI and Offices of the Inspector General of the Department of Health and Human Services, Department of Veterans Affairs and Office of Personnel Management investigated the case, with assistance from the Department of Justice’s Computer Crimes and Intellectual Property Section Cybercrime Lab.
The details contained in the charging documents and civil resolution are merely allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Justice Department Announces Resolution of Criminal and Civil Investigations into McKinsey & Company’s Work with Purdue Pharma L.P.; Former McKinsey Senior Partner Charged with Obstruction of JusticeRead the Press Release
ABINGDON, Va. – McKinsey & Company Inc. (McKinsey), a global management consulting firm based in New York, has agreed to pay $650 million to resolve a criminal and civil investigation into the firm’s consulting work with opioids manufacturer Purdue Pharma L.P. (Purdue). The resolution pertains to McKinsey’s advice to Purdue concerning the sales and marketing of Purdue’s extended-release opioid drug, OxyContin, including a 2013 engagement in which McKinsey advised on steps to “turbocharge” sales of OxyContin.
Today’s resolution marks the first time a management consulting firm has been held criminally responsible for advice resulting in the commission of a crime by a client and reflects the Justice Department’s ongoing efforts to hold actors accountable for their roles in the opioid crisis. The resolution is also the largest civil recovery for such conduct.
Additionally, a former McKinsey senior partner who worked on Purdue matters has been charged with obstruction of justice in federal court in Abingdon, Virginia. Martin E. Elling, 60, a U.S. citizen currently residing in Bangkok, Thailand, has been charged with one count of knowingly destroying records, documents and tangible objects with the intent to impede, obstruct and influence the investigation and proper administration of a matter within the jurisdiction of the Justice Department. Elling has agreed to plead guilty and is expected to appear in federal court in Abingdon to enter his plea and for sentencing at later dates.
As part of the government’s resolution with McKinsey, the company has entered into a five-year deferred prosecution agreement (DPA) (part one and part two) in connection with a criminal Information filed in U.S. District Court for the Western District of Virginia against McKinsey’s U.S. subsidiary (McKinsey & Company Inc. United States, “McKinsey U.S.”). The information charges McKinsey U.S. with one felony count of knowingly destroying records, documents and tangible objects with the intent to impede, obstruct, and influence the investigation and proper administration of a matter within the jurisdiction of the Justice Department; and one misdemeanor count of knowingly and intentionally conspiring with Purdue and others to aid and abet the misbranding of prescription drugs, held for sale after shipment in interstate commerce, without valid prescriptions.
McKinsey has agreed to pay a penalty of over $231 million, a forfeiture amount of over $93 million (reflecting all money it was paid by Purdue from 2004 to 2019) and a payment of $2 million to the Virginia Medicaid Fraud Control Unit to resolve the criminal allegations. McKinsey also has entered into a civil settlement agreement in which it will pay over $323 million to resolve its liability under the False Claims Act for allegedly providing advice to Purdue Pharma L.P. that caused the submission of false and fraudulent claims to federal healthcare programs for medically unnecessary prescriptions of OxyContin, as well as allegedly failing to disclose to the U.S. Food and Drug Administration (FDA) conflicts of interest arising from McKinsey US’s concurrent work for Purdue and the FDA. This brings the total payments under the global resolution to $650 million.
Today’s filing includes a 71-page Agreed Statement of Facts, which provides a detailed account of McKinsey’s work with Purdue relating to OxyContin. As part of the resolution, McKinsey has agreed to implement a significant compliance program, including a system of policies and procedures designed to identify and assess high-risk client engagements. As part of this compliance program, McKinsey will implement new document retention procedures and training for all partners, officers and employees who provide or implement advice to clients. This compliance program is in addition to the provisions negotiated between McKinsey and the Department in a concurrent resolution with McKinsey & Company Africa that was announced on Thursday, Dec. 5.
McKinsey has also agreed that it will not do any work related to the marketing, sale, promotion or distribution of controlled substances during the five-year term of the DPA. The resolution requires McKinsey’s Managing Partner to certify, on an annual basis, the firm’s compliance with its obligations under the DPA and federal law.
“For the first time in history, the Justice Department is holding a management consulting firm and one of its senior executives criminally responsible for the sales and marketing advice it gave resulting in the commission of crime by a client,” said U.S. Attorney Christopher R. Kavanaugh for the Western District of Virginia. “This ground-breaking resolution demonstrates the Justice Department’s ongoing commitment to hold accountable those companies and individuals who profited from our Nation’s opioid crisis.”
“This global resolution shows the department’s commitment to holding accountable those who played key roles in fueling the opioid crisis,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Consulting companies cannot advise their clients to break the law, and then skirt responsibility when their clients do so.”
“McKinsey schemed with Purdue Pharma to ‘turbocharge’ OxyContin sales during a raging opioid epidemic — an epidemic that continues to decimate families and communities across the nation. Today’s groundbreaking resolution makes clear our office’s commitment to holding powerful companies accountable for their part in the opioid epidemic, even if they did not make, sell, or dispense the drugs,” said U.S. Attorney Joshua Levy for the District of Massachusetts. “Consulting firms like McKinsey should get the message: if the advice you give to companies in boardrooms and PowerPoint presentations aids and abets criminal activity, we will come after you and we will expose the truth.”
“No amount of money can make-up for the devastating impact and heartbreaking loss of life the opioid crisis has inflicted on the people of Massachusetts, and our country. But today’s settlement is a sobering reminder that if you try to capitalize on a crisis by putting profits over patient safety — and then try to obstruct a federal investigation — you will pay a hefty price,” said Special Agent in Charge Jodi Cohen of the FBI Boston Field Office. “McKinsey is now being held criminally and financially accountable for devising an aggressive marketing strategy that was in reality a roadmap to boost sales of highly addictive opioids. Their actions resulted in powerful prescription painkillers being used in an unsafe, ineffective, and medically unnecessary manner. As both health care consumers, and taxpayers, this type of fraud negatively impacts all of us.”
“McKinsey’s management consulting work with Purdue Pharmaceuticals significantly contributed to a devastating public health crisis affecting American families and communities nationwide,” said Inspector General Christi A. Grimm of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG is committed to holding accountable those who violate the law and put the public at risk, including health care consultants who are complicit in fraudulent schemes.”
“Aiding and abetting in the potential misbranding and illegal distribution of controlled substances poses a danger to U.S. consumers,” said Special Agent in Charge George A. Scavdis of the FDA Office of Criminal Investigations Metro Washington Field Office. We will continue to investigate and bring to justice companies whose actions put profits over patient safety.”
“Today’s resolution holds this defendant accountable for its role in the aggressive marketing and promotion of opioids. Their actions led to medically unnecessary opioid prescriptions, which compromised the integrity of VA’s healthcare system that cares for our nation’s veterans,” said Department of Veterans Affairs (VA) Inspector General Michael J. Missal. “We thank our law enforcement partners for their diligent work in bringing this case to closure.”
“It shocks the conscience that a major consulting corporation would actively seek to increase the submission of fraudulent claims for medically unnecessarily opioid prescriptions in the midst of the opioid crisis,” said Inspector General Krista A. Boyd of the U.S. Office of Personnel Management Office of the Inspector General. “The outstanding efforts of our law enforcement partners and colleagues at the Department of Justice led to this ground-breaking result. We must hold accountable those who prey upon the most vulnerable Americans in the name of increased profits.”
As described in the DPA, McKinsey received credit for its cooperation with the United States in connection with the criminal investigation, including providing updates regarding information obtained through is internal investigation; highlighting documents of interest in voluminous productions; and facilitating interviews. McKinsey also engaged in extensive remedial measures, including voluntarily stopping all work in 2019 on any opioid-specific business issues; terminating two senior partners, including Elling, who communicated about deleting opioid-related documents concerning Purdue; hiring a new chief legal officer and chief ethics and compliance officer; significantly enhancing its new client selection framework; and deploying a formalized diligence review and intake process for all clients. McKinsey has agreed to continue to cooperate with the United States.
McKinsey’s Criminal Liability for Misbranding
The criminal misbranding charge was based on McKinsey’s advice to Purdue Pharma L.P. as set forth in the Agreed Statement of Facts filed today. Between 2004 and 2019, McKinsey contracted with Purdue on 75 different engagements in the United States. In 2007, a Purdue affiliate pleaded guilty to misbranding OxyContin, from 1996 through 2001, by falsely marketing it as less addictive, less subject to abuse and diversion, and less likely to cause dependence and withdrawal than other pain medications, and Purdue entered into a five-year corporate integrity agreement (CIA) with HHS-OIG. After the 2007 guilty plea, McKinsey partners maintained close contact with Purdue, and in 2009, worked with Purdue to enhance “brand loyalty” for OxyContin and protect market share. In 2010 McKinsey worked with Purdue to obtain FDA approval for a version of OxyContin that was reformulated with abuse-deterrent properties. Following the introduction of reformulated OxyContin in August 2010, OxyContin sales immediately began to decline. Purdue studied the drivers for this decline and attributed it, in large part, to a drop in prescriptions for individuals abusing OxyContin and increases in regulatory safeguards intended to hinder medically unnecessary prescribing of OxyContin.
In May 2013, Purdue retained McKinsey to conduct a rapid assessment of the underlying drivers of OxyContin performance, identify key opportunities to increase near-term OxyContin revenue and develop plans to capture priority opportunities. This 2013 effort was called Evolve to Excellence, or “E2E,” and included McKinsey advising Purdue on how to “turbocharge” the sales pipeline for OxyContin by, among other strategies, intensifying marketing to High Value Prescribers, included prescribers who were writing opioid prescriptions for uses that were unsafe, ineffective, and medically unnecessary. McKinsey consultants spoke with Purdue about the concerns and increasing reluctance of pharmacists and pharmacy chains to fill prescriptions for OxyContin as abuse of the drug rose. McKinsey consultants also went on several “ride-alongs” with Purdue sales representatives in the field, as these sales representatives called on prescribers and pharmacists. In notes about one of these ride-alongs, a McKinsey consultant wrote, in part, “Pharmacist; [had] a gun and was shaking; abuse is definitely a huge issue[.]”
In August 2013, McKinsey partners met with certain members of the Purdue Board of Directors (members of the family that controlled Purdue) to present McKinsey’s findings and proposal; as one McKinsey partner reported afterwards, “[b]y the end of the meeting the findings were crystal clear to everyone and they gave a ringing endorsement of ‘moving forward fast.’” McKinsey also described for Purdue the financial value at stake: “hundreds of millions, not tens of millions.”
For Purdue and McKinsey, E2E was a financial success. Their targeting of High Value Prescribers slowed OxyContin’s declining sales and kept Purdue’s profits flowing at the expense of public health. After the conclusion of McKinsey’s work for Purdue on E2E, McKinsey performed additional work with Purdue that also sought to maximize OxyContin sales by further targeting sales efforts to High Value Prescribers.
Obstruction of Justice by Former McKinsey Senior Partner
According to the charging documents filed today, Elling served as the Director of the client services team for approximately 30 of McKinsey’s engagements with Purdue. He had a senior, relationship-focused role with respect to the E2E engagement and was involved in securing the engagement for McKinsey. On July 4, 2018, Elling allegedly emailed another senior partner: “Just saw in the FT that [Purdue board member] is being sued by states attorneys general for her role on the [Purdue] Board. It probably makes sense to have a quick conversation with the risk committee to see if we should be doing anything other [than] eliminating all our documents and emails. Suspect not but as things get tougher there someone might turn to us.” According to court documents, forensic analysis of Elling’s McKinsey-issued laptop found that Elling in fact removed materials related to McKinsey’s work for Purdue from the laptop, as well as a Purdue-related folder from his Outlook email account.
Elling faces a maximum penalty of 20 years in prison, three years of supervised release and a fine up to $250,000 for the obstruction of justice charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
False Claims to Federal Healthcare Programs
The department’s civil False Claims Act settlement resolves allegations that, from 2013 to 2014, McKinsey US, by advising Purdue to turbocharge OxyContin marketing to High Value Prescribers, some of whom were already prescribing very large quantities of OxyContin, as a means to increase OxyContin sales, and despite its awareness of the opioid crises, thereby knowingly caused false and fraudulent claims for OxyContin to be submitted to Medicare, Medicaid, TRICARE, the Federal Employees Health Benefit Program and the Veterans Health Administration.
Along with the civil settlement, McKinsey US entered into a five-year Corporate Integrity Agreement with HHS-OIG. The CIA, HHS-OIG’s first with a management consulting firm, contains novel obligations regarding risk assessment and quality control. First, the CIA requires McKinsey’s Compliance Committee to establish a robust risk evaluation process, evaluating engagement risks and providing quality oversight for certain client deliverables. Second, it requires McKinsey to establish a Quality Review Program to assess the quality of McKinsey’s advice to certain life sciences and health care clients with the dual goals of ensuring that McKinsey complies with applicable laws and does not provide or assist clients with plans, advice, or strategies that violate the law. HHS-OIG will select an independent Compliance Expert to review McKinsey’s systems and processes under the Quality Review Program and to review a sample of McKinsey client engagements, including the advice provided to those clients.
False Claims to FDA
The department’s civil False Claims Act settlement also resolves allegations that, from 2014 to 2017, McKinsey US knowingly misled the FDA by assigning consultants to concurrently work on both FDA projects and competitively sensitive Purdue projects, contrary to McKinsey US’ conflict of interest policy. While soliciting a contract from the FDA, McKinsey US represented to the FDA that it had a conflict-of-interest policy in which its consultants serving the FDA would not be assigned to a competitively sensitive project for a significant period of time following an assignment for FDA. The FDA then awarded McKinsey US the first in a series of contracts on a project relating to the monitoring of the safety of FDA-regulated products. McKinsey US admitted that it did not inform the FDA that its consultants worked on the Purdue projects around the same time those consultants also worked on the FDA project.
Assistant U.S. Attorney Randy Ramseyer for the Western District of Virginia; Assistant U.S. Attorneys Amanda P. Masselam Strachan and William B. Brady for the District of Massachusetts; Senior Trial Counsel Kristen M. Echemendia of the Civil Division’s Commercial Litigation Branch, Fraud Section; Trial Attorneys Jessica Harvey and Steven R. Scott of the Civil Division’s Consumer Protection Branch; and Special Assistant U.S. Attorneys and Assistant Attorneys General Kristin Gray and Kimberly Bolton of the Virginia Office of the Attorney General’s Medicaid Fraud Control Unit are prosecuting the criminal case against Elling and McKinsey.
The civil resolution was handled by Senior Trial Counsel Christopher Terranova of the Civil Division’s Commercial Litigation Branch, Fraud Section. The FDA Office of Criminal Investigations, FBI and Offices of the Inspector General of the Department of Health and Human Services, Department of Veterans Affairs and Office of Personnel Management investigated the case, with assistance from the Department of Justice’s Computer Crimes and Intellectual Property Section Cybercrime Lab.
The details contained in the charging documents and civil resolution are merely allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Jury Finds Tampa Man Guilty of Threatening to Plant A Bomb in Member of U.S. House of Representative’s District OfficeRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Rigoberto Albizar Martinez (57, Tampa) guilty of threatening to destroy a building using an explosive. Martinez faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to court documents, on May 1, 2024, Martinez called the Tampa district office of a member of the United States House of Representatives and left a vulgar, racist, obscenity-laden voicemail. In the voicemail, he threatened to plant a bomb in the Representative’s office.
This case was investigated by the United States Capitol Police – Threat Assessment Section. It is being prosecuted by Assistant United States Attorney Karyna Valdes and Special Assistant United States Attorney Joe Wheeler III.
Jessamine County Man Sentenced to 30 Years for Fentanyl and Methamphetamine Trafficking and Firearms PossessionRead the Press Release
FRANKFORT, Ky. – A Nicholasville, Ky., man, Billy Wilkins, 44, was sentenced on Wednesday, to 360 months in prison, by U.S. District Judge Gregory Van Tatenhove, following his convictions for possession with intent to distribute methamphetamine, fentanyl, and cocaine, and possession of a firearm in furtherance of drug trafficking, and possession of a firearm by convicted felon.
According to evidence presented at his trial, on November 4, 2021, in Nicholasville, law enforcement with the DEA and Jessamine County Sheriff’s Department executed a search warrant on a residence occupied by Wilkins. Inside the residence, officers located large quantities of methamphetamine, fentanyl, and cocaine, as well as two firearms and multiple rounds of ammunition. A third firearm was later recovered under the residence’s crawl space. During the investigation, officers also confirmed that Wilkins was a convicted felon, with multiple prior Kentucky drug trafficking convictions.
Under federal law, Wilkins must serve 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for 10 years.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Jim Scott, Special Agent in Charge, DEA, Louisville Field Division; and Sheriff Kevin Grimes, Jessamine County Sheriff’s Office, jointly announced the sentence.
The investigation was conducted by the DEA and Jessamine County Sheriff’s Office. Assistant U.S. Attorney Paco Villalobos is prosecuting the case on behalf of the United States.
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Jefferson Parish Man Sentenced for Six Federal Drug and Gun CrimesRead the Press Release
NEW ORLEANS, LOUISIANA – JAMES WALLACE (“WALLACE”), age 25, was sentenced on December 11, 2024 by U.S. District Judge Jane Triche Milazzo to 88 months in prison followed by five years of supervised release, along with a $600 mandatory special assessment fee, after previously pleading guilty to one count of conspiracy to distribute controlled substances, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C), (b)(1)(D), and 846; two counts of possession with intent to distribute controlled substances and one count of distribution of controlled substances, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C), and (b)(1)(D); possession of a firearm in furtherance of a drug trafficking crime, in violation of 21 U.S.C. § 924(c)(1)(A)(i); and being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
According to court documents, on June 22, 2021, Jefferson Parish Sheriff’s Office (JPSO) detectives were conducting surveillance in an area north of Airline Highway in Metairie, a frequent site of drug trafficking and firearms offenses. JPSO detectives observed WALLACE carrying a Glock Model 17 handgun equipped with a micro conversion kit, which places the handgun within a rifle-style platform. WALLACE is prohibited from possessing a firearm because of a prior state drug trafficking offense.
On October 13, 2021, WALLACE led a Louisiana State Police trooper on a dangerous car chase and, while evading law enforcement, threw several blister packs of tapentadol out of the window.
Only months later, in January of 2022, special agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) observed WALLACE back in the same area of Metairie where he was previously observed. On January 4th, ATF special agents observed WALLACE holding two handguns and carrying an orange backpack. Two days later, on January 6th, ATF special agents observed WALLACE carrying the same orange backpack and conducting hand-to-hand drug transactions with a handgun in his waistband. WALLACE handed the backpack, that contained fentanyl, heroin, marijuana, and tapentadol, to a co-conspirator who was arrested later that day. Despite the arrests of several of his co-conspirators, WALLACE continued to deal drugs in that same area and, on January 25th, he sold cocaine base to a confidential informant for the ATF.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Jefferson Parish Sheriff’s Office. Assistant United States Attorney David Berman of the Violent Crime Unit is in charge of the prosecution.
Iowa Man Sentenced to 90 Months & Ordered to Pay $80,000 in Restitution to Victims for Possession of Child PornographyRead the Press Release
United States Attorney Susan T. Lehr announced that Marty B. Jay Johnson, age 44, of Sioux City, Iowa, was sentenced on December 12, 2024, in federal court in Omaha, Nebraska for possession of child pornography. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Johnson to 90 months’ imprisonment. There is no parole in the federal system. After his release from prison, Johnson will be placed on a 5-year term of supervised release. Johnson was also ordered to pay restitution in the amount of $80,000.00 to twenty identified victims of his crimes.
This investigation by the Nebraska State Patrol (NSP) began with a “cyber tip” received by the National Center for Missing and Exploited Children (NCMEC) regarding suspicious internet activity. NCMEC’s resulting report to the NSP indicated that twenty-four files containing child pornography (videos and single image files) were uploaded from Johnson’s internet protocol (IP) address to Kik, a free instant messaging mobile app, between April 27, 2021, and August 3, 2021.
On March 22, 2022, NSP served a warrant to search for child pornography at the Johnson’s residence. Investigators seized sixteen devices for forensic examination. Forensic examination of the devices yielded over 7,000 artifacts of child pornography on the various devices including 2,155 minutes of videos showing child pornography. There were over 6,700 child pornography image files and 285 videos of child pornography. The content included images of infants and toddlers, children less than 12 years of age, bestiality involving children, sadism and masochism involving children, and children 12 years of age and older. Twenty-seven known victims were identified by hash value comparison of the digital files, of whom twenty sought restitution.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Nebraska State Patrol.
Inver Grove Heights Man Indicted on Multiple Child Exploitation ChargesRead the Press Release
MINNEAPOLIS – An Inver Grove Heights man has been charged with multiple counts related to the production of child sexual abuse material and for coercing minors to engage in unlawful sexual conduct, announced United States Attorney Andrew M. Luger.
According to court documents, Samuel Eric Snell, 45, a.k.a. “Storm Blackwood” and “Candy Man Sam MN,” was a member of an online community on the gaming platform Discord that sold “services” to adult customers. Specifically, minor girls, referred to as “kittens,” would sell online companionship to adults, referred to as “masters,” in exchange for monetary payments, usually made through CashApp or as in-kind gifts. These Discord channel names included “Fun Time Kitty Klub,” “Pretty Kitty Hangout,” “Safe Kitten Konnection,” and “Kitten Server Name.” Direct messages obtained from Snell’s Discord account show he actively solicited illicit images from his chat partners—many of whom self-identified as minors and indicated that they were grappling with gender identity, sexuality, and mental health concerns.
In general, Snell followed the same script when soliciting images from these minors, beginning with a request for photos of the minors’ inner thigh and then progressing to their pubic region. In several instances, Snell solicited and received sexually-explicit images of minor victims in an intent to groom them to eventually produce child sexual abuse material. Snell also sent his minor victims electronic sex toys that he controlled remotely, and then solicited and received depictions of them using the devices. On at least two occasions, Snell took a minor to a hotel, paid them $100 to engage in sexual intercourse, and provided emergency contraception afterwards.
Investigators believe there may be other victims relevant to this investigation. If your minor dependent(s) have been in contact with Samuel Eric Snell, please contact the FBI at 1-800-CALL-FBI (800-225-5324) or tips.fbi.gov.
The indictment charges Snell with six counts of production of child pornography and two counts of coercing a minor to engage in prostitution. Snell made his initial appearance in U.S. District Court yesterday before Magistrate Judge Dulce J. Foster. A detention hearing has been scheduled for December 17, 2024.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case is the result of an investigation conducted by the FBI, with assistance from the Inver Grove Heights Police and Woodbury Police Departments.
Assistant U.S. Attorney Emily A. Polachek is prosecuting the case.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty beyond a reasonable doubt:
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Dec. 13 was:
Jerod John Chambers, 35, of Miles City, on charges of possession with intent to distribute fentanyl and possession of an unregistered short-barreled shotgun. If convicted of the most serious crime, Chambers faces a maximum of 20 years in prison, a $1 million fine and three years of supervised release. Chambers was detained pending further proceedings. The Miles City Police Department, Montana Division of Criminal Investigation and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. PACER case reference. 24-24.
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan pleading not guilty on Dec. 10 was:
Jeremy Allen Malloy, 42, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Malloy faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. Malloy was detained pending further proceedings. The Billings Police Department and Eastern Montana High Intensity Drug Trafficking Area Task Force conducted the investigation. PACER case reference. 24-145.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Hugo Resident Pleads Guilty to Possessing Child Sexual Exploitation MaterialRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Steven Mark McAnally, age 65, of Hugo, Oklahoma, entered a guilty plea to one count of possessing certain material involving the sexual exploitation of a minor.
The Indictment alleged that in July 2023, McAnally knowingly possessed visual depictions from the internet of minors engaging in sexually explicit conduct, which McAnally accessed with intent to view.
The charges arose from an investigation by the Choctaw Nation Lighthorse Police and the Federal Bureau of Investigation.
The Honorable Gerald L. Jackson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report. McAnally was remanded into the custody of the United States Marshals Service pending sentencing.
Assistant U.S. Attorney Caila M. Cleary represented the United States.
Houstonian ordered to prison for sending threatening emails to Harris County officials and othersRead the Press Release
HOUSTON – A 42-year-old Houston resident has been sentenced for his role in the transmission in interstate commerce containing a threat to injure the person of another, announced U.S. Attorney Alamdar S. Hamdani.
Jeremy James Joseph represented himself at the re-arraignment and sentencing and entered a guilty plea Dec. 13.
U.S. District Judge Lee H. Rosenthal has now ordered Joseph to serve 16 years in federal prison to be immediately followed by three years of supervised release. At the hearing, the court heard additional evidence detailing the sadistic way Joseph repeatedly threatened his victims. In handing down the sentence, the court noted Joseph did not show remorse for his actions or the harm he caused his victims.
Joseph admitted during his plea hearing to sending threatening emails to multiple victims, including judges, lawyers and court personnel in the Harris County judicial system over a two-year period. These messages included explicit threats, including a threat to “rage gunfire and bombs on Harris County,” as well as graphic descriptions of the violence he intended to commit.
Joseph also admitted to sending similar emails to news media outlets, universities and hospitals both within and outside the Houston area. The emails contained not only threats but also numerous racial, homophobic and ethnic slurs, amplifying the severity of his actions.
Joseph declined the opportunity to address the court during his sentencing, opting not to speak on his own behalf.
“Jeremy James Joseph's despicable actions involved sending heinous threats through emails to judges, lawyers and public officials over two years, expressing intentions to commit unparalleled violence and chaos,” said Hamdani. “His conduct breached the safety and peace of mind essential for public servants to carry out their duties effectively. My office’s commitment to protecting public officials from such unparalleled threats ensures the integrity and continuous functioning of our justice system, prevents fear and chaos from taking root in its operations and keeps Mr. Joseph off the streets for the next 16 years.”
Joseph will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation. Assistant U.S. Attorney Richard D. Hanes is prosecuting the case.
Honduran Man Sentenced to 63 Months in Federal Prison for Drug ConvictionRead the Press Release
United States Attorney Ronald C. Gathe, Jr. announced that U.S. District Judge Brian A. Jackson sentenced Marvin Martinez-Ruiz, age 42, of Honduras, to 63 months in federal prison following his conviction for possession with intent to distribute methamphetamine and cocaine. In addition to the term of imprisonment, the Court further sentenced Martinez-Ruiz to serve three years of supervised release.
According to admissions made as part of his guilty plea, on August 21, 2023, deputies with the East Baton Rouge Sheriff’s Office conducted a traffic stop on a white van for improper lane use. The driver of the van was identified as Martinez-Ruiz and after obtaining consent to search the van, deputies located 416.1 grams of methamphetamine, 150.9 grams of cocaine, and two digital scales inside the van. After being advised of his Miranda rights, Martinez-Ruiz admitted that the narcotics belonged to him.
This case was investigated by the Drug Enforcement Administration, East Baton Rouge Parish Sheriff’s Office, Lafayette Parish Sheriff’s Office, and Baton Rouge Police Department, and was prosecuted by Assistant United States Attorney Jeremy S. Johnson.
HOPE Family Drug SummitRead the Press Release
Click here to register for this IN-PERSON only Summit
HOPE Family Drug Summit
(Healing, Opportunities and Possibilities to Empower)
January 15, 2025
University of Charleston
West Virginia families impacted by Substance Use Disorder (SUD) are welcome and encouraged to attend the West Virginia HOPE Family Drug Summit. The Summit will provide opportunities for SUD survivors, families and professionals who support them to share information, build connections, foster collaboration and strengthen partnerships to provide HOPE to those suffering from SUD and their children and families.
This free event will convene a wide range of stakeholders, including families impacted by the drug crisis in West Virginia, to better meet the comprehensive needs of families and those seeking recovery.
Audience: Individuals and family members impacted by SUD, recovery and treatment professionals, probation, parole, courts, social workers, school personnel, victim advocates, and others providing services and support to SUD impacted individuals and families.
Sponsored in partnership with:
Drug Enforcement Administration, Louisville Division
Federal Public Defender’s Office, SDWV
First Choice Services
Jobs & Hope West Virginia
Legal Aid of West Virginia
Mission West Virginia
West Virginia Center for Children’s Justice
West Virginia Department of Homeland Security
West Virginia Fusion Center
West Virginia Public Defender Services
West Virginia Supreme Court of Appeals
hope_family_drug_summit_program_final.pdfGenovese Crime Family Member Sentenced to 30 Months in Prison for RacketeeringRead the Press Release
Today, at the federal courthouse in Brooklyn, Carmelo Polito, also known as “Carmine Polito,” a former acting captain and soldier in the Genovese organized crime family, was sentenced to 30 months in prison by United States District Judge Eric N. Vitaliano for racketeering in connection with operating an illegal gambling business at the Gran Caffé in Lynbrook, Long Island, and attempting to extort an individual who owed him money stemming from a separate online sports betting business.
Breon Peace, United States Attorney for the Eastern District of New York, James E. Dennehy, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI) and Anne T. Donnelly, Nassau County District Attorney, announced the sentence.
“Today’s sentence makes clear to the defendant that the outcome for participating in illegal gambling and making extortionate threats is the loss of something very valuable — your freedom,” stated United States Attorney Peace. “Thanks to the outstanding work of prosecutors in my Office and law enforcement, the alliance of the Genovese and Bonanno organized crime families’ rackets was a bust.”
Mr. Peace expressed his appreciation to the New York City Police Department and the Nassau County Police Department for their invaluable assistance in the investigation.
“The cards did not favor Carmelo Polito's illicit gambling parlor or his extortionate methods,” stated FBI Assistant Director in Charge Dennehy. “His illegitimate business and death threats financed the operations of two crime families. May today’s sentencing reaffirm the FBI’s commitment to doubling down on all organized crime activity plaguing our communities.
“This defendant, along with other associates of the Genovese family, operated illegal gambling businesses in Nassau County that funneled money straight into organized crime,” stated District Attorney Donnelly. “Extortion, threats, and violence have no place in Nassau County. I thank our partners at the U.S. Attorney’s Office and the FBI for their collaboration in dismantling this illicit operation and working to rid organized crime from our communities.”
Polito is a longtime, inducted member of the Genovese organized crime family. As detailed in earlier court filings, for years, numerous members and associates of the Genovese and Bonanno organized crime families operated several illegal gambling operations in the Eastern District of New York. Beginning in at least May 2012, the Genovese and Bonanno families jointly operated a lucrative illegal gambling parlor concealed inside a coffee shop called the Gran Caffé in Lynbrook. Polito and co-defendant Joseph Macario, also known as “Joe Fish,” on behalf of the Genovese crime family, and Anthony Pipitone, also known as “Little Anthony,” on behalf of Bonanno crime family, successfully negotiated a profit split for the gambling location, which ensured that each crime family benefited from the illegal gambling operation. In addition to the Gran Caffé, the Genovese crime family—through Polito, Macario, Joseph Rutigliano, also known as “Joe Box,” Salvatore Rubino, also known as “Sal the Shoemaker,” and others—operated illegal gambling parlors at establishments called Sal’s Shoe Repair and the Centro Calcio Italiano Club. Rutigliano and Rubino collected the proceeds for the Genovese crime family and distributed them up to higher ranking members, including Polito and Macario. Polito was surveilled distributing proceeds to higher ranking members on numerous occasions.
Polito and co-defendant Mark Feuer also operated an illegal online gambling scheme in which bets were placed on sporting events through a website called “PGWLines.” In connection with his operation of PGWLines, Polito attempted to extort an individual who lost several thousand dollars in bets using death threats and other threats of violence. For example, during a September 2019 call concerning the debtor, Polito instructed another individual to tell the debtor that Polito would “break” the debtor’s “face.” When the debtor still did not pay Polito, Polito instructed the same individual to relay a new message to the debtor: “Tell him I’m going to put him under the f------g bridge.”
Polito is the first defendant sentenced in this case and a related case against four members and associates of the Bonanno organized crime family of La Cosa Nostra. Macario, Rutigliano, Rubino and Feuer are awaiting sentencing.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Tanya Hajjar, Drew Rolle, Anna Karamigios and Sean M. Sherman are in charge of the prosecution, with the assistance of Paralegal Specialist Eleanor Jaffe-Pachuilo.
The Defendants:
CARMELO POLITO (also known as “Carmine Polito”)
Age: 64
Whitestone, QueensDefendants Awaiting Sentencing:
JOSEPH MACARIO (also known as “Joe Fish”)
Age: 69
West Islip, Long IslandSALVATORE RUBINO (“Sal the Shoemaker”)
Age: 60
Bethpage, Long IslandJOSEPH RUTIGLIANO (also known as “Joe Box”)
Age: 65
Commack, Long IslandMARK FEUER
Age: 61
Oceanside, Long IslandE.D.N.Y. Docket No. 22-CR-356 (ENV)
Gardena Street Gang Member Sentenced to Life in Federal Prison for Murdering Victim in Front of the Victim’s HomeRead the Press Release
LOS ANGELES – A member of the Gardena 13 street gang was sentenced today to life in federal prison for murdering a 29-year-old man in furtherance of the Gardena 13 gang in front of the victim’s family home in November 2020.
Justin Arteaga, 24, a.k.a. “Hitta,” of Gardena, was sentenced by United States District Judge André Birotte Jr., who also ordered Arteaga to pay $37,554 in restitution.
At the conclusion of a five-day trial, a jury on July 1 found Arteaga guilty of one count of violent crime in aid of racketeering (VICAR) murder. He has been in federal custody since December 2020.
“This defendant senselessly took a promising young life and will now spend the rest of his days in federal prison,” said United States Attorney Martin Estrada. “Gang violence brings devastation on our most vulnerable communities and immeasurable pain on hard-working families. My heart goes out to the victim’s family, and I applaud them for their courage in supporting justice and accountability.”
“This sentencing ensures that the defendant will no longer pose a threat to the community,” said Homeland Security Investigations (HSI) Los Angeles Special Agent in Charge Eddy Wang. “I hope that today will bring some peace and comfort to a family that has lost so much. HSI Los Angeles and law enforcement partners remain unwavering in our dedication to fighting violent crime and ensuring that justice is served.”
On November 13, 2020, the victim and his brother were seated in a parked car in front of their home when they were confronted by three men on foot – Arteaga, Antonio Yanez, 26, a.k.a. “Tank,” and George Hernandez, a.k.a. “Lil Vampy” – who were all armed with handguns. Yanez and George Hernandez were members of the Gardena 13 street gang, and Arteaga was an associate of the gang.
Following the victim’s perceived disrespect of Gardena 13 and the three assailants, all three assailants pulled out guns and began shooting the victim. After the victim had been shot, the victim’s father stepped out to help his son at which point a shootout between the victim’s father and the assailants, including Gardena 13 gang member Jesus Hernandez, 31, a.k.a. “Rowdy,” occurred.
Police and paramedics responded and treated the victim who died at the scene from gunshot wounds. George Hernandez, who was found lying on the street with gunshot wounds to his head and chest, was brought to a hospital, where he later died.
Arteaga was arrested four days later at Los Angeles International Airport as he was preparing to board a one-way flight to Mexico.
Jesus Hernandez, who participated in the shootout, pleaded guilty in May 2022 to one count of being a felon in possession of a firearm and ammunition and is serving a 110-month prison sentence. Yanez pleaded guilty in February 2022 to one count of VICAR, one count of using a firearm in furtherance of a crime of violence resulting in death, and one count of being a felon in possession of a firearm and ammunition. He is scheduled for sentencing on January 31, 2025.
“These trigger pullers in the gangs who use intimidation in the form of murder will always be sought out and prosecuted,” said Christopher Bombardiere, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives of the Los Angeles Field Division. “The senseless gun violence and lack of regard for life is inexcusable. My condolences goes out to the family who has suffered an unimageable loss.”
“Today’s sentencing underscores the unwavering commitment of law enforcement and prosecutors to deliver justice for victims and their families,” said Gardena Police Chief Michael Saffell. “We sincerely appreciate the collaboration and hard work of the United States Attorney's Office and Homeland Security Investigations in pursuing this case. Their dedication ensured that those responsible for this senseless act of violence were held accountable, sending a clear message that such heinous crimes will not be tolerated in our community.”
Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Gardena Police Department investigated this matter.
Assistant United States Attorneys, including Kevin J. Butler of the Violent and Organized Crime Section and Varun Behl of the International Narcotics, Money Laundering, and Racketeering Section are prosecuting this case.
Fresno Man Pleads Guilty to Carjacking Motorist in FullertonRead the Press Release
LOS ANGELES – A Fresno man has pleaded guilty to a federal criminal charge for carjacking a motorist last year in Fullerton and throwing her out of the car before leading law enforcement on a high-speed pursuit in which he hit a police car, then fled on foot before officers apprehended him, the Justice Department announced today.
Deshawn Ricks, 35, pleaded guilty on Thursday to one count of carjacking.
According to court documents, on the afternoon of June 14, 2023, Fullerton Police officers were dispatched to the scene of a carjacking that occurred in a parking structure in downtown Fullerton. The victim told officers she was sitting in her parked 2022 Mazda CX-5 SUV with the vehicle turned off when Ricks approached her, opened her car’s door, and ordered her out of the SUV.
When the victim refused, Ricks placed one of his hands on her lower back and brandished a metal object – which the victim described as a “shank” – in his other hand. Ricks threatened to stab the victim, then pulled her out of the vehicle by her hair and body.
Ricks then got into the vehicle and while he attempted to get it to start – the SUV had a “push to start” feature – the victim reached into the vehicle, grabbed her purse, and then walked away to get help. Ricks then drove the car within five feet of the victim and left the area.
Approximately 10 minutes after being notified of the carjacking, Fullerton Police officers located Ricks driving the victim’s stolen SUV. Despite officers’ attempt to make a traffic stop, Ricks led police on a high-speed pursuit in Fullerton in which he ran red lights, drove into oncoming traffic, and hit a marked police vehicle. Later during the chase, when Ricks lost control of the speeding Mazda that then was struck by a police vehicle, he exited the SUV and fled on foot before officers apprehended him.
After law enforcement stopped the vehicle, officers found a pointed, serrated metal stake type object – approximately 12 inches long – near the front driver’s seat.
United States District Judge Maame Ewusi-Mensah Frimpong scheduled an April 11, 2025, sentencing hearing, at which time Ricks will face a statutory maximum sentence of 15 years in federal prison.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Orange County Violent Crimes Task Force (OCVCTF), which is comprised of federal and local law enforcement agencies, including, but not limited to, the ATF, the Santa Ana Police Department, the Brea Police Department, the Fullerton Police Department, the Placentia Police Department, and the Orange County District Attorney’s Office.
Assistant United States Attorneys Jena A. MacCabe and Chelsea Norell of the Violent and Organized Crime Section are prosecuting this case.
Fort Wayne Man Sentenced to 144 Months in PrisonRead the Press Release
FORT WAYNE – David L. Reynolds, 42 years old, of Fort Wayne, Indiana, was sentenced by United States District Court Chief Judge Holly A. Brady after pleading guilty to distributing controlled substances, announced United States Attorney Clifford D. Johnson.
Reynolds was sentenced to 144 months in prison followed by 5 years of supervised release.
According to documents in the case, Reynolds distributed 50 grams or more of methamphetamine and less than 40 grams of fentanyl in August 2023.
This case was investigated by the Drug Enforcement Administration and the Fort Wayne Police Department. The case was prosecuted by Assistant United States Attorney Stacey Speith.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Fort Pierce Duo Sentenced to Prison for Cocaine Trafficking and Illegal Firearms PossessionRead the Press Release
MIAMI – On Dec. 4, two Fort Pierce men were sentenced to prison by Senior U.S. District Judge Donald L. Graham following convictions on gun and drug charges.
Joseph Acevedo, 40, was sentenced to 101 months in prison, to be followed by four years of supervised release.
Stanley Rumowski, 49, was sentenced to 96 months in prison, to be followed by three years of supervised release. Rumowski was also ordered to pay a fine of approximately $20,000.
On July 18, a jury sitting in Fort Pierce, convicted both men of trafficking cocaine and Rumowski was convicted of possessing a firearm during the drug trafficking offense. According to evidence presented during the trial, Acevedo and Rumowski were business partners in a failing marijuana cultivation business. When the two men were driving back to Fort Pierce, from Miami, they were pulled over in Martin County, Florida by Martin County Sheriff’s Deputies. Following a canine sniff of their vehicle, law enforcement discovered a loaded firearm and approximately half a kilogram of cocaine. During the trial, text messages between the two men were introduced to prove their knowledge and intent to possess and distribute the cocaine.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Anthony Salisbury, Special Agent in Charge, Homeland Security Investigations (HSI), Miami Field Office, and Sheriff William D. Snyder of the Martin County Sheriff’s Office made the announcement.
HSI Fort Pierce investigated this matter with significant assistance from the Martin County Sheriff’s Office. This case was prosecuted by Assistant U.S. Attorney Breezye Telfair.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 24-cr-14010.
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Former Secret Service Agent Pleads Guilty to Theft of Cryptocurrency from Evidence VaultRead the Press Release
TUCSON, Ariz. – Anthony Joseph Evans, 32, of Tucson, pleaded guilty last week to Officer or Employee of the United States Converting Property of Another. Evans is scheduled to be sentenced on February 19, 2025, before United States District Judge Rosemary Márquez.
Evans admitted that while working as a Special Agent for the United States Secret Service in the Phoenix, Arizona Field Office in early 2022, he accessed cryptocurrency on a hard wallet held in the agency’s secure evidence vault. Evans then transferred the cryptocurrency, worth approximately $56,000, to two wallets he owned or controlled. Evans moved the cryptocurrency through various exchanges, converted most of it into U.S. dollars, and transferred the proceeds to multiple bank accounts he owned. Evans later used the money to pay for personal expenditures, including repayment of debt.
Under the terms of the plea agreement, Evans faces up to a year and a day in prison and is required to pay restitution to the victim for the value of the cryptocurrency, including any appreciation in value incurred prior to sentencing.
The United States Secret Service’s Cyber Investigative Section in Washington, DC conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR 24-6868-TUC-RM
RELEASE NUMBER: 2024-175_Evans# # #
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 X @USAO_AZ for the latest news.Former Postal Employee Guilty of Delaying and Stealing Contents of U.S. MailRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced that on December 4, 2024, RANDY BROWN, JR. (“BROWN”), age 31, a resident of Gretna, Louisiana, pled guilty to the four-count indictment filed against him. BROWN is charged with unlawful delay of U.S. Mail matter by a postal employee, in violation of Title 18, United States Code, Section 1703(a), and theft of U.S. Mail matter by a postal employee, in violation of Title 18, United States Code, Section 1709.
According to court documents, between on or about July of 2022, through October 4, 2022, BROWN unlawfully secreted, detained, and delayed U.S. mail, entrusted to him as a postal employee; and on September 26, 2022, September 27, 2022, and October 3, 2022, BROWN did knowingly embezzle, steal, abstract, and remove checks from U.S. mail, entrusted to him as a postal employee.
At sentencing, as to Counts 1-4, BROWN faces a maximum sentence of 5 years imprisonment, up to a $250,000 fine, and up to 3 years of supervised release. BROWN also faces payment of a $100 mandatory special assessment fee for each individual count.
The case was investigated by the United States Postal Service, Office of the Inspector General. Assistant United States Attorney Troy L. Bell of the Violent Crimes Unit is in charge of the prosecution.
Former Orange County Resident Linked to White Supremacy Group Sentenced to 2 Years in Prison for Rioting at Political RalliesRead the Press Release
LOS ANGELES – A former resident of Huntington Beach who has been linked to a white supremacy extremist group was sentenced today to 24 months in federal prison for planning and engaging in riots at political rallies across California.
Robert Paul Rundo, 34, was sentenced by United States District Judge Josephine L. Staton.
Rundo pleaded guilty on September 13 to one count of conspiracy to violate the federal Anti-Riot Act.
“This defendant sought to further his white-supremacist ideology by plotting riots and engaging in violence at political rallies,” said United States Attorney Martin Estrada. “Hate and violence are antithetical to American values and tear at our community. It is therefore critical that we protect the civil and constitutional rights of our community against those who promote divisiveness.”
“After a lengthy investigation, during which the defendant became an international fugitive, Mr. Rundo has now been held accountable for his criminal activity which was motivated by his extremist dogma,” said Akil Davis, the Assistant Director in Charge of the FBI's Los Angeles Field Office. “Mr. Rundo's movement did not ‘rise above’ whatever differences Americans may have, but was divisive, harmful to others and ultimately led him to prison. The FBI will continue to pursue those whose ideology leads to violence and lawlessness.”
From March 2017 to May 2018, Rundo and others participated in an organization that ultimately was rebranded as the “Rise Above Movement” (RAM). RAM representing itself as a fighting group of a new nationalist and white supremacy identity movement. As part of their membership in RAM, Rundo and others attended rallies with the intent to provoke and engage in violence.
To prepare for violent physical conflicts, Rundo and others held hand-to-hand and other fighting training sessions, which they organized through telephone calls, social media, and text messages. Rundo organized and attended several such training sessions in 2017. On various social media platforms, Rundo and others posted messages and photographs of themselves preparing for or engaging in violence, accompanied by statements such as “#rightwingdeathsquad.”
In March 2017, Rundo and other RAM members held a training in San Clemente to prepare to engage in violence at political events, including a rally on March 25, 2017, in Huntington Beach. At the Huntington Beach rally, Rundo and other RAM members pursued and assaulted other persons, including one protestor whom Rundo tackled and punched multiple times. Following the event, Rundo and his co-conspirators posted online photographs and videos celebrating the assaults they had committed.
Rundo also helped organize training for RAM members in anticipation of a rally scheduled to occur on April 15, 2017, in Berkeley. At the Berkeley rally, there were several violent clashes throughout the day. In one such instance, Rundo and several of his co-conspirators crossed a police barrier erected to separate opposing groups. They then punched and kicked several people. Following the event, Rundo and his co-conspirators again posted online photographs and videos celebrating the assaults they had committed.
On June 10, 2017, Rundo and others attended a rally in San Bernardino, at which they confronted and pursued protesters.
In the months following these events, Rundo and his co-conspirators continued to publicly celebrate their assaults, including through online posts with photos and videos of RAM members assaulting people.
Two other defendants have been charged in this case:
- Robert Boman, 31, of Torrance, who has pleaded not guilty to one count of conspiracy to violate the Anti-Riot Act and one count of rioting, and has a trial date of February 18, 2025, scheduled; and
- Tyler Laube, 28, of Redondo Beach, who pleaded guilty in October 2023 to one count of interfering with a federally protected right and later was fined $2,000 and sentenced to time already served in custody.
The FBI’s Joint Terrorism Task Force investigated this case.
Assistant United States Attorneys Kathrynne N. Seiden and Anna P. Boylan of the Terrorism and Export Crimes Section are prosecuting this case.
Former Mustang Public Schools Payroll Services Director Pleads Guilty to Defrauding School District Out of More Than $471,000 and Filing a False Tax ReturnRead the Press Release
OKLAHOMA CITY – Yesterday, KIM WEINRICH, 67, of Mustang, pleaded guilty to committing wire fraud and making and subscribing a false tax return, announced U.S. Attorney Robert J. Troester.
On December 3, 2024, Weinrich was charged by Information with wire fraud and making and subscribing a false tax return. Public records reflect that between 2014 and April 2022, Weinrich was employed by Mustang Public Schools (the “District”) as Payroll Supervisor and was later promoted to Director of Payroll Services in 2021. In her roles with the District, Weinrich was responsible for administering, processing, and reconciling the bi-monthly payroll for the District’s employees. According to the Information, beginning in July 2016, Weinrich manipulated the District’s payroll accounting software to increase her net pay each pay period, and deposited the stolen funds into her personal bank account. Weinrich’s scheme resulted in several District employees underreporting their federal and state withholdings, which reduced the amount of their tax refunds. In all, between July 2016 and April 2022, Weinrich defrauded the District out of approximately $471,657.91.
Additionally, public records indicate that Weinrich manipulated the District’s payroll accounting software to make it appear as if she paid substantial amounts in federal income taxes, when in reality, Weinrich had no federal income taxes withheld. On April 5, 2022, Weinrich filed a federal tax return where she reported an income that was substantially lower than the actual income received due to the fraud.
On December 12, 2024, Weinrich pleaded guilty to the Information, and admitted that she adjusted payroll amounts to herself to increase her income, manipulated payroll software to make it appear as if she were paying substantial amounts in federal and state income taxes when in fact she wasn’t, and filed a federal tax return declaring she made $91,295 while knowing the actual income received was substantially more.
At sentencing, Weinrich faces up to 23 years in federal prison and fines up to $350,000.
This case is the result of an investigation by IRS Criminal Investigation and the United States Secret Service. Assistant U.S. Attorney Charles Brown is prosecuting the case.
Reference is made to public filings for additional information.
Former Harlem Globetrotter Sentenced to Seven Years in Prison in COVID-19 Fraud SchemeRead the Press Release
RALEIGH, N.C. – Quentin Allen Jackson, 58, was sentenced to 84 months in prison and ordered to pay three million dollars in restitution. Jackson pled guilty to one count of conspiracy to commit money laundering with respect to the fraudulent proceeds Paycheck Protection Act (“PPP”) COVID-19 loans guaranteed by the Small Business Administration.
“We in the Carolinas idolize our basketball stars, especially the ACC greats who played on Tobacco Road,” said U.S. Attorney Michael F. Easley, Jr. “As a college point guard and Harlem Globetrotter, Jackson’s crossover was deadly. But he drew a foul when he used his talents and reputation to recruit people into a multi-million-dollar fraud on our nation’s pandemic relief program. This seven-year prison sentence should stand as a warning to anyone who took advantage of our nation’s generosity in a time of need. We are patient, persistent, and willing to use every second on the shot clock.”
“Schemes to fraudulently obtain federal funds meant to provide assistance to small businesses is unacceptable,” said Special Agent in Charge Donald “Trey” Eakins, Internal Revenue Service Criminal Investigation (IRS-CI) in the Charlotte Field Office. “The defendant took advantage of critical aid programs intended to provide relief for businesses affected during the pandemic by fraudulently applying for and obtaining COVID-19 program funds. “IRS Criminal Investigation special agents will continue to pursue individuals who try to exploit federal relief programs for their personal gain.”
This sentence follows the recent guilty plea following four days of trial testimony of Earl Lamont Taylor, who worked with Quentin Jackson and Edward Whitaker to obtain fraudulent PPP loans. Mr. Jackson is the 27th defendant to be sentenced in this investigation, with five others awaiting sentencing.
Jackson conspired with others to obtain fraudulent PPP loans in the names of several companies under Jackson’s control. After receiving the proceeds of the fraudulent PPP loans, Jackson carried out a series of steps detailed by his co-conspirators to make it appear as though the borrower’s company was paying bi-weekly payroll to its employees. These actions made it appear as though Jackson’s companies were paying regular wages as intended by the CARES Act. Jackson instructed his purported employees to cash the checks, and then return the illicit cash to him.
In addition to directly engaging in the PPP fraud described above, Jackson also served as a middleman, earning a fee from his co-conspirators for each additional fraudulent borrower he recruited. He ultimately recruited over a dozen individuals who obtained fraudulent PPP loans. Those Jackson recruited engaged in the same scheme described above to launder the proceeds of the fraudulent loans. Nearly $4 million of fraudulent PPP disbursements are attributable to Jackson or to individuals he recruited to the scheme.
In March 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was designed to provide emergency financial assistance to millions of Americans who were suffering the economic effects caused by the COVID-19 pandemic. The CARES Act and additional appropriations authorized up to $649 billion in forgivable loans to small businesses through the Paycheck Protection Program (PPP). Financial institutions issued the PPP loans, which were guaranteed by the Small Business Administration (SBA).
Michael F. Easley, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after United States District Judge James C. Dever III announced the sentence. The Internal Revenue Service (IRS) Criminal Investigation is investigating the case.
Assistant U.S. Attorneys David G. Beraka and William M. Gilmore are prosecuting the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:22-cr-00180-D.
Former Department of Defense Deputy Chief Sentenced to Federal Prison for Dogfighting ChargesRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Frederick Douglass Moorefield, Jr., age 64, Arnold, Maryland, to 18 months in federal prison, six months of home detention, and a $20,000 fine, followed by three years of supervised release, for his involvement in a multi-state dogfighting conspiracy. In addition to the fine, Judge Bennett ordered Moorefield to pay a forfeiture money judgment of $21,576.
Erek L. Barron, U.S. Attorney for the District of Maryland announced the sentence with Acting Special Agent in Charge David Geist of the Federal Bureau of Investigation, Washington Field Office- Criminal and Cyber Division; Special Agent in Charge Charmeka Parker of the U.S. Department of Agriculture Office of Inspector General; Special Agent in Charge Christopher Dillard of the Department of Defense Office of Inspector General; Defense Criminal Investigative Service – Mid-Atlantic Field Office; U.S. Marshal for Maryland Clinton Fuchs; and Anne Arundel County Police Chief Amal E. Awad.
According to the guilty plea, federal agents began investigating Moorefield’s connection to dogfighting after officers from Anne Arundel County Animal Control responded to a report of two dead dogs found in a plastic dog food bag in Annapolis, Maryland in November 2018. Investigators found mail addressed to Moorefield inside the bag and a necropsy determined that the dogs bore wounds and scarring patterns consistent with dogfighting.
Eventually, investigators determined that Moorefield was affiliated with a dogfighting enterprise known as the “DMV Board,” which operated in and around Virginia, Maryland, and Washington, D.C. Numerous other members of the DMV Board have been convicted on dogfighting charges in the Eastern District of Virginia. Moorefield operated under the kennel name “Geehad Kennels” and used his home in Arnold to keep, train, and breed dogs for dogfighting for more than 20 years.
A review of Moorefield’s phone and iCloud account showed numerous message exchanges regarding dogfighting with other members of the DMV Board. In addition to arranging fights and wagers, Moorefield and other members of the DMV Board discussed the breeding and training of fighting dogs, procuring supplies for the maintenance and feeding of fighting dogs, and criminal investigations and prosecutions of dogfighters. Additionally, it was discovered that Moorefield and others discussed the indictments of DMV Board members and speculated about the identity of a “snitch” in the group.
Moorefield’s messages also contained several exchanges arranging, or “hooking,” dogfights. In these conversations, Moorefield would “call out a weight” by identifying the weight and sex of the dog he wanted to sponsor in the fight. Other dogfighters would then propose a fight against their own dogs or match Moorefield with another contact who had a dog in the same weight class. The dogfighters then agreed on wagers and set a date for the fight, usually six to eight weeks after the match was made. In addition to stating the amount to be paid to the winner of the fight, dogfighters agreed on forfeit, or “fit” payments, to be made if a dogfighter backed out of the fight prior to the scheduled date.
After hooking a fight, Moorefield trained his dogs in a process known as a “keep.” Moorefield’s typical keep schedule for a dog involved physical training (using treadmills, weighted collars, and other accessories), a diet plan, and the use of steroids. Moorefield obtained steroids and other veterinary drugs through various contacts in his dogfighting network instead of through legitimate veterinary prescriptions.
When Moorefield sponsored a dog in a fight, the fight ended only when a dog died or when the owner forfeited the match—either through the dog “quitting” the fight or the owner “picking up” the dog. If one of Moorefield’s dogs lost a fight, but did not die, Moorefield killed the dog. One method Moorefield used to kill the dogs was utilizing a device that consisted of jumper cables connected directly to an ordinary plug. Moorefield plugged the device into a wall socket and attached the cables to the dog, electrocuting it.
Between January 2019 and October 2023, Moorefield sent and received monetary payments related to dogfighting through CashApp. Sometimes, transactions were given misleading labels to disguise the true nature of the transferred money. For example, in 2022, Moorefield received a $1,000 transaction labeled as a “housewarming gift” from a known dogfighter. It was determined that Moorefield has lived at the same address for over two decades.
On September 6, 2023, agents searched Moorefield’s residence, recovering five pit-bull-type dogs from large metal cages in a windowless room in the basement. Additionally, agents found several containers of animal medication, dog food, and protein powder in the same room, in addition to the jumper-cable device Moorefield used to kill dog. Law enforcement also seized a large folded-up, blood-stained piece of carpet from a shed on the property. Moorefield used the carpet as the floor of an arena to stage dogfights or “rolls” (brief test fights between dogs to evaluate the dogs’ fighting ability).
When interviewed by agents, Moorefield stated that he had only obtained four of the five dogs found on the property within the past week. The fifth dog, which Moorefield did not obtain within the past week, exhibited calloused skin, an old injury, and fleas. As a result, the dog was humanely euthanized after exhibiting extreme aggression toward both human caretakers and other dogs. Moorefield bred and/or trained all five dogs recovered from his property for the purposes of sponsoring them in dogfights.
At the time Moorefield was charged in this case, he was the Deputy Chief Information Officer for Command, Control, and Communications for the Office of the Secretary of Defense.
U.S. Attorney Barron commended the FBI, the U.S. Department of Agriculture – Office of the Inspector General, the Defense Criminal Investigative Service, the U.S. Marshals Service, the Anne Arundel County Police Department, Anne Arundel County Animal Control, and the U.S. Attorney’s Office for the Eastern District of Virginia for their valuable assistance in the investigation. Mr. Barron also thanked Assistant U.S. Attorney Alexander Levin who prosecuted the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Former CNMI Bar Association Executive Director Sentenced to 18 months in Federal Prison for Fraud SchemeRead the Press Release
SAIPAN, C.N.M.I. – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that on December 10, 2024, defendant Peonie Cabrera, age 40, from Saipan was sentenced by the Honorable Frances M. Tydingco-Gatewood in the United States District Court for the Northern Mariana Islands to 18 months imprisonment for two counts of Bank Fraud, in violation of 18 U.S.C. § 1344(2), and two counts of Wire Fraud, in violation of 18 U.S.C. § 1343. The Court also ordered five years of supervised release following imprisonment, 100 hours of community service, $249,706 in restitution, and a mandatory $400.00 special assessment fee.
From January 2019 to August 2023, Cabrera served as the Executive Director of the Northern Mariana Bar Association (NMBA). Her duties included managing membership fees for the office. During that time, she diverted over $200,000 of NMBA funds through federally insured bank accounts for personal use. She presented fraudulent payroll documents and paychecks for signature by NMBA board members. These were drawn upon NMBA’s bank account and made payable to Cabrera. She also withdrew cash from NMBA’s savings account for personal use on 13 occasions. She further used NMBA’s bank accounts to make over 150 payments to her PayPal account for personal use. During 2020 through 2023, Cabrera also diverted payments from NMBA members via other electronic payment accounts for her personal use.
“Cabrera’s lengthy criminal conduct left a trail of victims,” stated United States Attorney Anderson. “Bar members should expect that their mandatory payments are put to good use in support of the legal profession. Additionally, these funds often provide critical support for many bar-related activities, including mock trials, that benefit our communities. Hopefully the sentence imposed by the Court will act as a deterrent for this defendant.”
“This sentencing is a reminder that the FBI and our law enforcement agency partners are dedicated to rooting out corruption within our communities,” said FBI Honolulu Special Agent in Charge Steven Merrill, “Peonie Cabrera was in a trusted role when she stole over $150,000 from her colleagues for her own personal use. Let this serve as a reminder to all who are tempted to use their positions of power to unjustly enrich themselves. We will continue to investigate allegations of fraud at all levels.”
The investigation was investigated by the Federal Bureau of Investigation and prosecuted by Eric S. O’Malley, Assistant United States Attorney in the District of the Northern Mariana Islands.