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Thursday 17 October 2024
Convicted Felon Sentenced to Federal Prison for Felon in Possession of A FirearmRead the Press Release
GAINESVILLE, FLORIDA – Damian J. Brown, 32, of Gainesville, Florida, was sentenced to 108 months in federal prison after previously pleading guilty to possession of a firearm by a convicted felon. The sentence was announced by Jason R. Coody, United States Attorney for the Northern District of Florida.
“Our law enforcement partnerships play such a vital role in fighting violent crime and is central to our mission to protect the public,” said U.S. Attorney Coody. “This sentence illustrates our shared resolve to keep our communities safe and the significant consequences associated with federal firearm violations.”
On March 22, 2024, Gainesville Police Department (GPD) officers were conducting routine patrol operations in Gainesville, Florida when they spotted Brown. Officers were aware that Brown had an active warrant for violation of probation. GPD Officers attempted to take Brown into custody. He then fled on his bicycle before he was apprehended by a GPD K9 unit after a brief chase. During a search incident to arrest, officers discovered that Brown was in possession of a black Beretta 9mm pistol in the pocket of his pants. The firearm contained a loaded magazine and a chambered round. A second loaded magazine was found in Brown’s other pocket.
“I want to assure the citizens of Gainesville that we are fully committed to reducing gun related violence in our community. Through strategic partnerships, intelligence led policing, and community engagement, we will continue to focus those who unlawfully possess and use firearms. Every arrest we make and every illegal gun we take off the streets brings us one step closer to making Gainesville a safer place for everyone. We are deeply grateful to our federal partners for their unwavering support in this endeavor. Together, we continue to build a stronger, safer future for our city,” said Gainesville Police Chief Moya.
Brown’s prison sentence will be followed by 3 years of supervised release.
This conviction was the result of a joint investigation conducted by the Gainesville Police Department, and the Bureau of Alcohol Tobacco, Firearms and Explosives. Assistant United States Attorney Harley Ferguson prosecuted 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.
As part of its PSN strategy, the United States Attorney’s Office is encouraging everyone to lock their car doors, particularly at night. Burglaries from unlocked automobiles are a significant source of guns for criminals in the Northern District of Florida. Please do your part and protect yourself by locking your car doors.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office for the Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Chinese National Pleads Guilty to Illegally Exporting Semiconductor Manufacturing MachineRead the Press Release
SAN FRANCISCO – Lin Chen pleaded guilty in federal court today to illegally exporting U.S. technology to a prohibited end user in China, in violation of the International Emergency Economic Powers Act (IEEPA) and the Export Administration Regulations (EAR). The plea was accepted by the Hon. William Alsup, Senior U.S. District Judge.
In pleading guilty, Chen, 65, a citizen of the People’s Republic of China (PRC), admitted to acting on behalf of Jiangsu Hantang International Trade Group Corp., Ltd. (JHI), a company headquartered in Nanjing, PRC, to procure a wafer cutting machine on behalf of Chengdu GaStone Technology Co., Ltd. (GaStone), an entity located in Chengdu, PRC. Chen admitted to knowing that GaStone was designated on the U.S. Department of Commerce’s Entity List on Aug. 1, 2014. Federal regulations restrict the export of certain items to companies, research institutions, and other entities identified on the Department of Commerce’s Entity List. Under applicable Department of Commerce regulations, wafer cutting machines, which are used to cut thin semiconductors used in electronics (also known as silicon wafers), require a license for export to end-users such as GaStone.
According to the plea agreement, by no later than Dec. 4, 2015, Chen knew that GaStone was prohibited from receiving restricted exports without a license, including a DTX-150 Scribe and Break Machine, a machine for processing silicon wafer microchips. On approximately Dec. 10, 2015, Chen worked with a co-defendant to arrange the sale of a DTX-150 to GaStone by shipping it to the PRC in the name of JHI without an export license from Commerce. Chen used JHI’s status as an intermediary to conceal GaStone as the true end-user of the technology.
A federal grand jury indicted Chen on Dec. 1, 2020, charging him with conspiracy to violate IEEPA; submitting false electronic export information; smuggling; and IEEPA violations. Under the plea agreement, Chen pleaded guilty to count four, causing an unlawful export in violation of IEEPA. Defendant currently is released on bond.
Chen’s sentencing hearing is scheduled for January 28, 2025, before the Judge Alsup. The maximum statutory penalty for an IEEPA violation is up to 20 years in prison and a $1 million fine. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
United States Attorney Ismail J. Ramsey, Federal Bureau of Investigation (FBI) Special Agent in Charge Robert K. Tripp, Homeland Security Investigations (HSI) Special Agent in Charge Tatum King, and Brent Burmester, U.S. Department of Commerce, Bureau of Industry and Security (BIS) Special Agent in Charge, San Jose Field Office, made the announcement today.
Assistant U.S. Attorney Colin Sampson and Brett Reynolds of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case with the assistance of Claudia Hyslop and Nina Burney. The prosecution is the result of an investigation by FBI, HSI, and BIS.
Child Predator Sentenced to 10 ½ Year Prison Term for Abusing a Female Relative in 2015Read the Press Release
WASHINGTON – Gary Bellinger, 61, of Maryland, was sentenced today for child sexual abuse for the sexual abuse of a then-15-year-old female relative in 2015. The announcement was made by U.S. Attorney Matthew M. Graves and Pamela A. Smith, Chief of the Metropolitan Police Department (MPD).
Superior Court Judge Maribeth Raffinan sentenced Bellinger to 10 1/2 years in prison to be followed by three years of supervised release. Upon release, Bellinger will be required to register as a sex offender for the remainder of his life.
Bellinger was found guilty of one count of first-degree child sexual abuse and one count of second-degree child sexual abuse on May 28, 2024, following a four-day trial in the Superior Court of the District of Columbia.
According to the evidence and testimony presented at trial, in 2015, Bellinger sexually abused a female relative who was 15 years old at the time. The victim first disclosed to family members in 2020.
In announcing the sentence, U.S. Attorney Graves and Chief Smith commended the work of those who investigated the case from the Metropolitan Police Department. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Marco Crocetti and Kathleen Houck, Victim Advocate Maria Sanchez-Garcia, Sex Offense and Domestic Violence Section Paralegals Tiffany Jones and Tiffany Fogle.
Charlotte Man Is Sentenced to Prison for Armed Robberies of Two Convenience StoresRead the Press Release
CHARLOTTE, N.C. – Thomas Lagene Franklin, 56, of Charlotte, was sentenced today to 15 years in prison followed by three years of supervised release for the armed robbery of two local convenience stores, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department, join U.S. Attorney King in making today’s announcement.
According to court documents and court proceedings, on August 7, 2022, at approximately 3:30 a.m., a black vehicle pulled up alongside a male victim who was walking toward his hotel room in Charlotte. The driver of the vehicle, later identified as Franklin, demanded money from the victim. When the victim replied that he did not have any money, Franklin fired multiple shots at the victim striking him in the leg before driving away.
According to filed court documents, on August 9, 2022, Franklin robbed at gunpoint the Circle K convenience store located at 2833 Freedom Drive, in Charlotte. Court records show that, at approximately 1:45 a.m., Franklin entered the store wearing a bucket-style fishing hat with clear safety glasses and a black surgical mask. Upon entering the store, Franklin posed as a customer, brought items to the counter, and gave the clerk money to pay for those items. When the clerk opened the register, Franklin pulled a small silver semiautomatic handgun from his pocket, pointed it at the clerk, and demanded money in the register. The clerk complied and Franklin fled the scene.
According to court records, later the same day, the 7-Eleven convenience store located at 8315 Steele Creek Road, in Charlotte, was robbed at gunpoint in a similar fashion as the Circle K
robbery. At approximately 6:50 a.m., Franklin entered the store dressed identical to the robber from the Circle K robbery. Once again, Franklin acted as a customer and pretended to buy and pay for his items. When the store clerk opened the register, Franklin pulled out a small silver semi-automatic handgun and demanded money. The store clerk gave Franklin money and Franklin fled the scene. CMPD officers arrested Franklin the following day. A firearm recovered over the course of the arrest was identified as the gun used in the shooting and the two robberies.
On February 7, 2024, Franklin pleaded guilty to two counts of Hobbs Act robbery and one count of possession of a firearm by a convicted felon. He is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility.
U.S. Attorney King commended the FBI and CMPD for their investigation of the case.
Assistant U.S. Attorney Dana Washington of the U.S. Attorney’s Office in Charlotte prosecuted the case.
Charlotte Man Is Sentenced to Prison for $700,000 Investment Fraud SchemeRead the Press Release
CHARLOTTE, N.C. – Today, U.S. District Judge Kenneth D. Bell sentenced Frank Lynold Mercado, 27, of Charlotte, to 41 months in prison followed by two years of supervised release for defrauding over 100 victims of more than $700,000 through a fraudulent investment scheme, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. Mercado was also ordered to pay $709,690 in restitution.
Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, joins U.S. Attorney King in making today’s announcement.
According to court documents and court proceedings, from July 2019 to December 2022, Mercado executed an investment fraud scheme in which he caused more than 100 investors to sustain nearly $700,000 in losses. Mercado induced the victims – many of whom were his friends, former co-workers, and other social acquaintances – to invest their money by holding himself out to be an expert in options trading with years of experience and a successful track record. As part of the scheme, Mercado falsely represented to victim investors that he would use their money for options trading and similar investments through his hedge fund, Tiger-Wolf Capital, LLC (Tiger-Wolf Capital). Instead of investing the funds as promised, Mercado used a portion of the money to make Ponzi-style payments to investors, and to fund his personal lifestyle, including to make large credit card payments and pay for personal expenditures such as Airbnb rentals, restaurants, and bars.
Court documents show that with the money that he did invest, Mercado suffered trading losses and then lied to investors about the performance of their investments. For example, Mercado periodically sent updates to victim investors through emails, text messages, or screenshots of purported account portals that reflected fictitious trading gains. He also made false and fraudulent statements to investors about substantial returns on their investments in order to induce his victims to invest additional money with him and/or to leave their current investments with him. According to court documents, as a result of the scheme, Mercado caused victims to suffer losses, with some victims experiencing significant financial hardship.
On June 12, 2022, Mercado pleaded guilty to wire fraud. He will be ordered to report to the Federal Bureau of Prisons upon designation of a federal facility.
On May 30, 2024, the U.S. Securities and Exchange Commission announced the filing of a complaint against Mercado in the U.S. District Court for the Western District of North Carolina, charging Mercado and Tiger-Wolf Capital with securities violations. On July 2, 2024, the court, pursuant to consents signed by Mercado and Tiger-Wolf, enjoined them from violating the charged provisions and ordered them to pay disgorgement, prejudgment interest, and civil money penalties in amounts to be determined at a later date. The court also barred Mercado from serving as officer or director of a public company and enjoined him from participating in the issuance, purchase, offer, or sale of securities, except in his personal account.
U.S. Attorney King commended the FBI for their investigation of the case and thanked the U.S. Securities and Exchange Commission for their coordination and assistance.
Special Assistant U.S. Attorney Eric Frick of the U.S. Attorney’s Office in Charlotte prosecuted the case.
Charleston Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Lannie Earl Shaffer, 33, of Charleston, was sentenced today to three years and one month in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on August 31, 2023, law enforcement officers attempted to execute an arrest warrant for Shaffer for absconding parole supervision in Sissonville and found Shaffer in possession of a Taurus model 605 .357-caliber revolver. Shaffer fled in a vehicle and struck a law enforcement vehicle during his flight. Shaffer was arrested after rolling his vehicle onto its side.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Shaffer admitted that he knew he was prohibited from possessing a firearm because of his prior felony conviction for conspiracy to commit a felony in Taylor County Circuit Court on May 18, 2020, for transferring and receiving stolen property in Kanawha County Circuit Court on February 5, 2015, and for burglary by breaking and entering in Kanawha Circuit Court on December 10, 2010.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Kanawha County Sheriff’s Office.
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Timothy D. Boggess and former Assistant United States Attorney Troy D. Adams prosecuted 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.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-181.
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California Man Pleads Guilty to Selling Unapproved Drugs with Intent to Defraud over the InternetRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that on October 17, 2024, Jeremy Brown, 55, of Simi Valley, California, pleaded guilty to introducing into interstate commerce new drugs not approved by the Food and Drug Administration (“FDA”) with the intent to defraud or mislead.
According to court records, between March 2019 and December 2023, Brown operated a company, Warrior Labz SARMs, and accompanying websites through which he sold unapproved versions of prescription drugs and other substances. Specifically, Brown sold Selective Androgen Receptor Modulators (“SARMs”), which are substances similar to anabolic steroids; unapproved versions of erectile-dysfunction drugs Viagra and Cialis; and unapproved versions of weight-loss drugs Ozempic, Wegovy, and Rybelsus.
Brown falsely claimed on his websites that the drugs offered for sale were for “research purposes only” and “not for human consumption.” Alongside those claims, however, were claims that the drugs would provide various benefits affecting the structure and function of the human body.
Brown obtained the bulk of the drugs he sold from China. Brown did not verify shipping or storage conditions, nor did he use a lab to verify the contents of the drugs he received from China. But he falsely claimed on his websites that his company used only the highest quality pharmaceutical grade ingredients and U.S. manufacturing practices.
After receiving a warning letter from the FDA in June 2023, Brown continued to sell unapproved drugs over the internet. Between August and December 2023, Brown made three sales of unapproved drugs to an undercover law enforcement account in Vermont.
Brown faces up to three years in prison and a $250,000 fine. The actual sentence, however, will be determined by the Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.
“Drugs that are produced and distributed outside the FDA’s oversight present the risk of harm to the public health,” said Special Agent in Charge Fernando McMillan, FDA Office of Criminal Investigations, New York Field Office. “We remain committed to pursuing and bringing to justice those who attempt to subvert the regulatory functions of the FDA by distributing unapproved, and potentially dangerous, products.”
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Food and Drug Administration and the United States Postal Inspection Service.
The prosecutor is Assistant United States Attorney Corinne Smith. Brown is represented by Rick Collins, Esq. and Lisa Shelkrot, Esq.
Butte man sentenced to more than five years in prison for trafficking cocaine, fentanylRead the Press Release
GREAT FALLS — A Butte man who admitted to trafficking cocaine and fentanyl after law enforcement stopped his vehicle in Butte and found 1,700 fentanyl pills and cocaine taped to the steering column was sentenced yesterday to five and one-half years in prison, to be followed by four years of supervised release, U.S. Attorney Jesse Laslovich said today.
The defendant, Adam Hassan Abdel Aziz, 40, pleaded guilty in June to possession with intent to distribute cocaine and fentanyl.
Chief U.S. District Judge Brian M. Morris presided.
In court documents, the government alleged that on June 1, 2023, drug task force officers conducting surveillance on the home of a suspected drug trafficker in East Helena saw Aziz arrive, go inside the residence and leave a short time later. Surveilling officers notified drug task force members, and the Montana Highway Patrol later stopped Aziz’s car near Butte. Aziz was on state parole at the time and consented to a search of the car, during which officers observed drug paraphernalia. During another search authorized by Aziz’s parole officer, law enforcement located a package containing a bag of approximately 1,700 fentanyl pills and 27 grams of cocaine taped to the underside of the car’s steering column. Aziz admitted he had acquired approximately four to five thousand fentanyl pills in the last month and had paid approximately $10,000 for the drugs.
The U.S. Attorney’s Office prosecuted the case. The Missouri River Drug Task Force, Southwest Montana Drug Task Force, Montana Highway Patrol, Montana Division of Criminal Investigation, Lewis and Clark County Sheriff’s Office, Montana Probation and Parole and Drug Enforcement Administration conducted the investigation.
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. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.
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Bryant Man Sentenced to 20 Years in Federal Prison for Conspiracy to Possess with Intent to Distribute FentanylRead the Press Release
LITTLE ROCK—Montiz Tucker, a multi-convicted felon, will spend the next 20 years in federal prison for conspiracy to possess with intent to distribute fentanyl. Jonathan D. Ross, United States Attorney for the Eastern District of Arkansas, announced the sentence, which was handed down today by United States District Judge D.P. Marshall, Jr.
In addition to the 20 years’ imprisonment, Judge Marshall sentenced Tucker, 30, of Bryant, to five years supervised release. Tucker was indicted on April 5, 2023, in a three-count indictment charging conspiracy to possess with intent to distribute fentanyl, possession with intent to distribute fentanyl, and possession of a firearm in furtherance of a drug-trafficking crime. On May 16, 2024, Tucker plead guilty to conspiracy to possess with intent to distribute fentanyl. There is no parole in the federal system.
An investigation revealed that on April 4, 2023, special agents from Homeland Security Investigations (HSI) performed a controlled delivery of a package that had been intercepted and discovered to contain nearly four kilograms of illicit fentanyl pills. The package, later confirmed to contain 35,636 illicit fentanyl pills, was destined for a residence in Jacksonville, Arkansas, where Tucker accepted the package. Agents immediately executed a federal search warrant and Tucker was found inside the residence, along with two other individuals and the package. Tucker’s bedroom was discovered to contain additional fentanyl pills, cocaine, marijuana, and a loaded Glock 43 firearm.
Classified as a career offender, Tucker’s sentence was based on the offense as well as his documented criminal history involving convictions for possession of marijuana, drug paraphernalia, cocaine, other controlled substances without a prescription such as oxycodone, Xanax, Promethazine and codeine, and illegal possession of a firearm.
The investigation was conducted by the HSI. The case was prosecuted by Assistant United States Attorney Erin O’Leary.
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Brockton Man Sentenced for Unlawful Possession of Firearm and AmmunitionRead the Press Release
BOSTON – A previously convicted felon was sentenced today in federal court in Boston to unlawfully possessing a Glock pistol and 18 rounds of ammunition.
Michael Whitfield, 43, of Brockton, was sentenced by U.S. District Court Judge Allison D. Burroughs to time served (one day) to be followed by three years of supervised release. The government recommended a sentence of two years in prison to be followed by three years of supervised release. In June 2024, Whitfield pleaded guilty to one count of being a felon in possession of firearms and ammunition. In November 2023, Whitfield was indicted by a federal grand jury.
On March 6, 2023, upon arrival at a motor vehicle accident scene in Brockton, law enforcement observed Whitfield in a vehicle with significant damage, its airbag deployed and a broken passenger door window. There was a strong odor of alcohol coming from inside the vehicle and an empty tequila bottle was observed on the passenger seat floor. A Glock 19X .9mm pistol loaded with 18 rounds was found on the driver’s side floorboard between Whitfield’s legs.
Due to a prior felony conviction, Whitfield is prohibited from possessing firearms and ammunition.
Acting United States Attorney Joshua S. Levy and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement today. Valuable assistance was provided by the Plymouth County District Attorney’s Office, Massachusetts State Police, Brockton Police Department and the Brockton Fire Department. Assistant U.S. Attorney Luke A. Goldworm of the Major Crimes Unit prosecuted the case.
Bloomington Woman Pleads Guilty to Money Laundering in $250 Million Feeding Our Future Fraud SchemeRead the Press Release
MINNEAPOLIS – The last remaining defendant in the November 4, 2024, trial in the Haji’s Kitchen indictment has pleaded guilty to her role in the $250 million Feeding Our Future fraud scheme, announced United States Attorney Andrew M. Luger.
According to court documents, in February 2020, Farhiya Mohamud, 65, of Bloomington, created Dua Supplies & Distribution Inc. (“Dua Supplies”), a business that purported to supply food to paying customers. Mohamud’s customers participated as vendors in the Federal Child Nutrition Program, including co-defendants Haji Osman Salad and Fahad Nur. The money from Salad and Nur, which purported to be for “food supply” or “food services,” accounted for most of the funds that Mohamud deposited into her business bank accounts. In reality, Mohamud knew that she purchased relatively minimal amounts of food and thus supplied little, if any, food to Salad and Nur. Instead, she used the funds to purchase real estate, which she did at the direction of her son, Sharmarke Issa, and for his benefit.
Mohamud, who is the 23rd defendant to plead guilty to charges relating to the Feeding Our Future fraud scheme, appeared today in U.S. District Court before Judge Nancy E. Brasel and pleaded guilty to one count of money laundering. A sentencing hearing will be scheduled at a later time.
This case is the result of an investigation conducted by the FBI, IRS – Criminal Investigations, and the U.S. Postal Inspection Service.
Assistant U.S. Attorneys Matthew S. Ebert, Joseph H. Thompson, and Harry M. Jacobs are prosecuting the case.
Binghamton Woman Admits to Stealing Her Child’s Social Security Benefits After Child Was Removed from Her CustodyRead the Press Release
SYRACUSE, NEW YORK – Loretta Washington, age 60, of Binghamton, New York, pled guilty yesterday to multiple charges of social security fraud, United States Attorney Carla B. Freedman and Amy Connelly, Special Agent in Charge of the Social Security Administration Office of Inspector General (SSA-OIG), New York Field Office announced.
As part of her guilty plea yesterday, Washington admitted that she had applied for and was receiving social security benefits for her minor child, as her representative-payee. A representative-payee is a person or organization selected by the SSA to receive benefits on behalf of a beneficiary who is unable to manage their payments. In September 2018, Broome County Department of Social Services removed the minor from Washington’s custody after the minor—who was four years old at the time—was found walking on a road in the middle of the night. Washington never reported the change in custody to the Social Security Administration and, at one point, lied to the Social Security Administration that the child was still in her custody. In total, Washington stole over $25,000 in social security benefits between October 2018 and November 2021.
Washington faces a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to three years. She will also be required to pay restitution to the Social Security Administration. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Sentencing is scheduled for February 13, 2025, in Syracuse.
This case was investigated by the Social Security Administration Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Paul J. Tuck.
Berlin Physician, Physician Assistant, and Practice Pay $300K to Resolve Controlled Substances Act AllegationsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and Stephen P. Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration for New England, today announced that Dr. STEVEN SHIFREEN, Physician Assistant CHRISTOPHER NORVAL, and MULTICARE MUSCULOSKETETAL MEDICINE AND PAIN MANAGEMENT ASSOCIATES, P.C. have entered into a civil settlement agreement with the federal government and have paid a total of $300,000 to resolve allegations that they violated the civil provisions of the Controlled Substances Act (“CSA”).
Shifreen, a physician specializing in general medicine, and Norval, a physician assistant, practiced at Multicare Musculoskeletal Medicine and Pain Management Associates, P.C., a medical practice located in Berlin, Connecticut, which is currently owned by Norval. It is alleged that Shifreen and Norval prescribed controlled substances to patients who were exhibiting signs of potential diversion and drug abuse through their inconsistent urine drug test results.
An inconsistent urine drug test result occurs when a patient tests positive for unexpected, non-prescribed substances in the urine, or tests negative for expected, prescribed substances. An inconsistent urine drug test can be indicative of diversion or drug abuse.
The settlement resolves allegations that between March 23, 2021, and February 14, 2023, Shifreen and Norval issued 43 prescriptions to six patients for oxycodone and/or fentanyl. These prescriptions were each issued after the patient received a urine test result that was inconsistent with the medication he or she was prescribed. The government contends that these 43 prescriptions were issued without a legitimate medical purpose and were written outside the usual course of professional practice, in violation of the CSA.
In passing the CSA, Congress took steps to create “a closed system” of distribution for controlled substances in which every facet of the handling of the substances – from their manufacture to their consumption by the ultimate user – was to be subject to intense governmental regulation. This mission was taken against the backdrop of trying to prevent the diversion and abuse of legitimate controlled substances, while still ensuring that an adequate supply of those substances meet the medical and scientific needs of the United States.
“When medical practitioners prescribe controlled substances to patients who are showing signs of misuse or diversion, not only are they likely violating the law, but those medical practitioners are putting their patients at risk of overdose, and threatening the safety of our community,” said U.S. Attorney Avery. “This settlement demonstrates this office’s commitment to holding practitioners accountable for irresponsible prescribing.”
“The DEA is committed to ensuring that all registrants are in compliance with the required regulations, which are enforceable through the Controlled Substances Act,” said DEA Acting Special Agent in Charge Belleau. “Failure to do so increases the potential for diversion and jeopardizes public health and public safety. DEA pledges to work with our law enforcement and regulatory partners to ensure these rules and regulations are followed.”
On March 10, 2023, Shifreen and Norval voluntarily surrendered their DEA registrations to prescribe controlled substances. As part of the settlement agreement, Shifreen and Norval will not re-apply for DEA registration numbers for a period of five years.
This investigation was conducted by the Drug Enforcement Administration’s New Haven District Office Tactical Diversion Squad and the Office of Diversion Control, with the assistance of the Connecticut Department of Consumer Protection, Drug Control Division. This case was prosecuted by Assistant U.S. Attorney Sara Kaczmarek.
Attorney General Merrick B. Garland Announces Stephanie M. Hinds as Director of the Executive Office for U.S. AttorneysRead the Press Release
Attorney General Merrick B. Garland today announced that Stephanie M. Hinds has been appointed as the Director of the Executive Office for U.S. Attorneys (EOUSA).
“Stephanie is a superb leader with decades of experience at the Justice Department who will be an outstanding advocate for all 94 of our U.S. Attorneys’ Offices across the country,” said Attorney General Garland. “Since joining the Justice Department 29 years ago, Stephanie has advanced its mission in a wide range of roles. The Justice Department, and the American people, are fortunate to have her in this role. I am grateful to her for her continued dedication to this Department and to the public we serve.”
Prior to her appointment, Hinds served as Associate Deputy Attorney General beginning in May 2023. Hinds previously served as the Interim and Acting U.S. Attorney for the Northern District of California (NDCA) from March 2021 to March 2023. At NDCA since 1995, Hinds also served in various positions such as First Assistant U.S. Attorney, Deputy U.S. Attorney, Deputy Chief of the Criminal Division, Chief of the Asset Forfeiture Section, and as an Assistant U.S. Attorney.
Norman Wong, who has been serving as the Acting Director of EOUSA since July 1, 2023, will return to his position as Principal Deputy Director.
“Norm Wong has been an excellent steward of EOUSA since becoming Acting Director of the Office in July 2023,” said Attorney General Garland. “Norm is an extraordinary public servant, and I am grateful to him for all he has done and will continue to do on behalf of EOUSA.”
Learn more about EOUSA at www.justice.gov/usao.
Art Advisor Lisa Schiff Pleads Guilty to Defrauding ClientsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that LISA SCHIFF, a Manhattan-based art advisor focused on contemporary art, pled guilty before United States District Judge J. Paul Oetken to one count of wire fraud for perpetrating a multi-year scheme in which she defrauded the clients of her art advisory business of approximately $6.5 million in connection with the purchase and sale of approximately 55 artworks. SCHIFF will be sentenced by Judge Oetken on January 17, 2025, at 10:30 a.m.
U.S. Attorney Damian Williams said: “For years, Lisa Schiff breached the trust of her art advisory clients by lying to them and diverting millions of dollars her clients had entrusted to her. Instead of using client funds as promised, Schiff used the stolen money to fund a lavish lifestyle. Today’s guilty plea serves as a reminder that the Southern District of New York will vigorously investigate and prosecute those who engage in fraud wherever we may find them, including the art market.”
Assistant Director in Charge James E. Dennehy said: “Lisa Schiff attempted to paint a picture of a successful fine art advisory business, when in reality—as she admitted today—it was actually a multimillion-dollar fraudulent scheme. After half a decade of deceit, Ms. Schiff will now be held accountable for her lies and duplicitous actions. FBI New York will continue to ensure that individuals attempting to defraud their clients are brought to justice.”
According to the Information, plea agreement, and statements made in court:
From 2018 through May 2023, SCHIFF engaged in a scheme to defraud clients of her art advisory business, Schiff Fine Art (“SFA”) by diverting her clients’ funds—profits from the sale of her clients’ artworks or payments they made to purchase artwork—to pay her own personal and business expenses. SCHIFF advised clients regarding the purchase and sale of artworks and bought and sold artworks on behalf of clients in exchange for a commission. In her role as an art advisor, SCHIFF acted as an intermediary between art galleries and auction houses, and her clients, who were art collectors. Typically, when SCHIFF’s clients bought or sold artworks, payments were routed through SCHIFF’s business, SFA. In addition, when SCHIFF sold artworks on behalf of a client, she often had custody or control of the artworks to coordinate the sale. At times, SCHIFF, through SFA, also sold artwork on consignment on behalf of artists and other galleries.
Starting in about 2018, SCHIFF began defrauding her clients in two ways: (1) not remitting payments to her clients when she sold their artwork while not disclosing to her clients that their artworks had, in fact, been sold; and (2) not purchasing artworks on behalf of clients despite representing to her clients that she would purchase certain artworks on their behalf using their funds. Instead of using client funds as promised, SCHIFF diverted her clients’ money to pay her business and personal expenses. SCHIFF lied to her clients and galleries in furtherance of her fraud scheme. For example, when defrauding clients in connection with selling their artwork, SCHIFF at times lied to clients, claiming she had not sold the artwork, or the buyer was delayed in making the payment and SCHIFF still had custody of the artwork when, in fact, SCHIFF had sold the artwork, received payment from the buyer, and delivered the artwork to the buyer. When defrauding clients in connection with purchasing artwork on their behalf, SCHIFF lied to galleries from which she was supposed to purchase artwork on behalf clients, blaming delays in payment on clients when, in fact, clients had already paid SCHIFF for the purchase of the artwork but she had diverted the funds for her own use. Over several years, SCHIFF defrauded at least twelve clients, one artist, the estate of another artist, and one gallery, collectively, of at least approximately $6.5 million. During her fraud, SCHIFF lived lavishly and incurred substantial debts, which she paid in part using her victims’ diverted funds.
In about May 2023, SCHIFF could no longer conceal her scheme due to mounting debts. SCHIFF confessed to several clients that she had stolen their money.
* * *
SCHIFF, 54, a Manhattan resident, pled guilty to one count of wire fraud, which carries a maximum prison term of 20 years. Under the terms of her plea agreement, SCHIFF agreed to forfeit approximately $6.4 million.
The statutory maximum sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding work of the Federal Bureau of Investigation’s Art Crime Team and the FBI/New York Police Department's Joint Major Theft Task Force.
This case is being handled by the Office’s Illicit Finance and Money Laundering Unit. Assistant United States Attorneys Jennifer Ong and Cecilia Vogel are in charge of the prosecution.
Antigo Man Indicted on Distribution and Receipt of Child Pornography ChargesRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on October 8, 2024, a federal grand jury issued an indictment alleging that Jacob D. Theisen (age: 34) of Antigo, Wisconsin, received and distributed child pornography in violation of Title 18, United States Code, Section 2252A(a)(2)(A).
According to the indictment, on or about January 20, 2023, Theisen is alleged to have distributed child pornography via the internet. The indictment further alleges that Theisen received child pornography via the internet on June 12, 2021. If convicted of either offense, Theisen faces a mandatory minimum sentence of five years’ imprisonment and up to 20 years of incarceration. He may also be fined up to $250,000 and would be required to register as a sex offender under state and federal law.
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 U.S. Department of Justice. Led by U.S. Attorneys’ 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.projectsafechildhood.gov.
This case was investigated by the Antigo Police Department with the assistance of the Wisconsin Department of Justice, Division of Criminal Investigations. It will be prosecuted by Assistant United States Attorney Daniel R. Humble.
An indictment is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove his guilty beyond a reasonable doubt.
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Alabama Man Arrested for Role in Securities and Exchange Commission X Account HackRead the Press Release
An Alabama man was arrested by the FBI this morning in Athens, Alabama, on charges related to the January hack of the Securities and Exchange Commission (SEC)’s social media account on X, formerly known as Twitter.
According to court documents, on or about Jan. 9, Eric Council Jr., 25, of Athens, allegedly conspired with others to take unauthorized control of the SEC’s X account and, in the name of SEC Chair Gary Gensler, prematurely announced the approval of bitcoin Exchange Traded Funds. Immediately following the false announcement, the price of bitcoin increased by more than $1,000 per bitcoin. Shortly after this unauthorized post, the SEC regained control over its X account and confirmed that the announcement was unauthorized and the result of a security breach. Following this corrective disclosure, the value of BTC decreased by more than $2,000 per bitcoin.
The conspirators gained control of the SEC’s X account through an unauthorized Subscriber Identity Module (SIM) swap, allegedly carried out by Council. A SIM swap refers to the process of fraudulently inducing a cell phone carrier to reassign a cell phone number from the legitimate subscriber or user’s SIM card to a SIM card controlled by a criminal actor. As part of the scheme, Council and the co-conspirators allegedly created a fraudulent identification document in the victim’s name, which Council used to impersonate the victim; took over the victim’s cellular telephone account; and accessed the online social media account linked to the victim’s cellular phone number for the purpose of accessing the SEC’s X account and generating the fraudulent post in the name of SEC Chairman Gensler.
“The indictment alleges that Eric Council Jr. unlawfully accessed the SEC’s account on X by using the stolen identity of a person who had access to the account to take over their cellphone number,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Council’s co-conspirators then allegedly used this unauthorized access to the X account to falsely announce that the SEC had approved listing bitcoin ETFs, which caused the price of bitcoin to rise by $1,000 and then fall by $2,000. Council’s indictment underscores the Criminal Division’s commitment to countering cybercrime, especially when it threatens the integrity of financial markets.”
“These SIM swapping schemes, where fraudsters trick service providers into giving them control of unsuspecting victims’ phones, can result in devastating financial losses to victims and leaks of sensitive personal and private information,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “Here, the conspirators allegedly used their illegal access to a phone to manipulate financial markets. Through indictments like this, we will hold accountable those who commit these serious crimes.”
“The defendant allegedly deceived the public by impersonating the victim and making fraudulent statements on behalf of the SEC,” said Assistant Director Chad Yarbrough of the FBI Criminal Investigative Division. “The FBI and our partners will continue to investigate and hold accountable those who attempt to manipulate financial markets for their own gain.”
“The FBI works to identify, disrupt, and investigate cyber-enabled frauds, including SIM swapping,” said Acting Special Agent in Charge David E. Geist of the FBI Washington Field Office Criminal and Cyber Division. “SIM swapping is a method bad actors exploit to illicitly access sensitive information of an individual or company, with the intent of perpetrating a crime. In this case, the unauthorized actor allegedly utilized SIM swapping to manipulate the global financial market. The FBI will continue to work tirelessly with our law enforcement partners around the country and globe to hold accountable those who break U.S. laws.”
“This criminal indictment demonstrates our commitment to holding bad actors accountable for undermining the integrity of the financial markets,” said Inspector General Deborah Jeffrey of the SEC.
A federal grand jury in the District of Columbia returned an indictment on Oct. 10 charging Council with one count of conspiracy to commit aggravated identity theft and access device fraud. If convicted, he faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI Washington Field Office and SEC Office of Inspector General are investigating the case.
Trial Attorney Ashley Pungello of the Criminal Division’s Computer Crime and Intellectual Property Section, Trial Attorney Lauren Archer of the Criminal Division’s Fraud Section, and Assistant U.S. Attorney Kevin Rosenberg for the District of Columbia are prosecuting the case.
For more information on SIM swapping, go to www.ic3.gov/PSA/2024/PSA240411.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
16 Defendants Charged in Superseding Indictment Alleging Bulk Shipments of Cocaine to Canada, Four MurdersRead the Press Release
LOS ANGELES – A Canadian former Olympic snowboarder and 15 other defendants have been charged in a 16-count superseding indictment for allegedly running and participating in a transnational drug trafficking operation that routinely shipped hundreds of kilograms of cocaine, from Colombia, through Mexico and Southern California, to Canada and other locations in the United States, and whose leaders orchestrated multiple murders in furtherance of these drug crimes.
Ryan James Wedding, 43, a Canadian citizen residing in Mexico, and Andrew Clark, 34, a Canadian citizen also residing in Mexico, were previously charged in the original indictment with running a continuing criminal enterprise, murder, and conspiring to possess, distribute, and export cocaine. Clark was arrested October 8 by Mexican law enforcement and is detained. Wedding is a fugitive.
The first superseding indictment, unsealed on October 16, names 14 additional co-defendants. The superseding indictment alleges that Wedding, Clark, and others conspired to ship bulk quantities of cocaine – weighing hundreds of kilograms – from Southern California to Canada through a Canada-based drug transportation network run by Hardeep Ratte, 45, of Ontario, Canada, and Gurpreet Singh, 30, of Ontario, Canada, from approximately January 2024 to August 2024. The cocaine shipments were transported from Mexico to the Los Angeles area, where the cocaine trafficking organization’s operatives would store the cocaine in stash houses, before delivering it to the transportation network couriers for transportation to Canada using long-haul semi-trucks.
As alleged in the superseding indictment, the organization resorted to violence – including multiple murders – to achieve its aims. Wedding and Clark allegedly directed the November 20, 2023, murders of two members of a family in Ontario, Canada, in retaliation for a stolen drug shipment that passed through Southern California. Another member of that family survived the shooting but was left with serious physical injuries. Wedding and Clark allegedly also ordered the murder of another victim on May 18, 2024, over a drug debt. Clark and Malik Damion Cunningham, 23, a resident of Canada, are charged with the April 1, 2024, murder of another victim in Ontario, Canada.
Wedding, whose aliases include “El Jefe,” “Giant,” and “Public Enemy,” and who competed for Canada in the 2002 Winter Olympics in Salt Lake City, is the superseding indictment’s lead defendant. Wedding is charged with eight felonies: two counts of conspiracy to distribute controlled substances, one count of conspiracy to export cocaine, one count of leading a continuing criminal enterprise, three counts of murder in connection with a continuing criminal enterprise and drug crime, and one count of attempt to commit murder in connection with a continuing criminal enterprise and drug crime. Clark, whose aliases include “The Dictator,” is charged with the same eight felonies, plus an additional count of murder in connection with a continuing criminal enterprise and drug crime.
“As alleged in the indictment, an Olympic athlete-turned-drug lord is now charged with leading a transnational organized crime group that engaged in cocaine trafficking and murder, including of innocent civilians,” said United States Attorney Martin Estrada. “My office’s mandate is to protect the public and stopping sophisticated and violent organized crime groups goes to the heart of that mission. We will continue to collaborate with our federal, local, and international law enforcement partners to bring these groups to justice.”
“The FBI remains steadfast in its mission to identify, target, and dismantle violent transnational organized crime syndicates in our communities. Today, in collaboration with several local, federal, and international partners, we reaffirm our commitment to the American people by dismantling a violent organized crime network trafficking large quantities of drugs into the United States and orchestrating multiple homicides to eliminate the competition,” said Akil Davis, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “The organization, led by former Olympian Ryan Wedding, cultivated a violent transnational drug trafficking empire that extended from Canada to the United States, Mexico, and Colombia. While key members of Wedding’s criminal enterprise were successfully apprehended this week, he remains at large. The FBI is offering a reward of up to $50,000 for any information leading to his arrest.”
“Organized Crime groups create immense harm in all our communities, not just with the poisons they ship, but through the tragic violence that inevitably comes with it,” said Liam Price, Royal Canadian Mounted Police’s Director General of International Special Services. “This network presented a threat to communities in Canada, the United States and overseas. That is why we, as Canada’s national police force, worked closely with the FBI and others to disrupt it. This operation demonstrates the value and the impact of close collaboration with amongst international partners to combat transnational organized crime, helping keep our communities safe. We will always look beyond our borders to where these threats originate and try to stop them at source.”
“The Wedding Drug Trafficking Organization and its unremitting, callous and greed-driven crimes has been operating for far too long, spanning several countries, from Colombia through Mexico, the U.S. and to Canada,” said Matthew Allen, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Los Angeles Field Division. “They have triggered an avalanche of violent crimes, including brutal murders. Wedding, the Olympian snowboarder, went from navigating slopes to contouring a life of incessant crimes. DEA and our partners stand firmly in our resolve to dismantle his operation. I want to thank our DEA investigators and all our partners, including the FBI, LAPD, the U.S. Attorney’s Office and the Royal Canadian Mounted Police International for their collaboration, experience and tremendous value that help embolden our mission.”
"This complex investigation spans multiple jurisdictions and agencies, with an alleged retaliation over stolen drugs tragically impacting an innocent family in Ontario, Canada," said Marty Kearns, the Deputy Commissioner of the Ontario Provincial Police. "Today's announcement reflects the tireless months of work undertaken by agencies in both Canada and the United States, as well as support from law enforcement in Mexico and Colombia. This is a testament to how collaboration and investigative diligence cross borders to identify perpetrators and bring crucial answers to victims and their families."
"Today's investigative outcomes stand as a powerful testament to the tireless dedication and collaboration of law enforcement agencies across Canada, the U.S., Mexico, and Colombia,” said Peel Regional Police Chief Nishan Duraiappah. “These investigative outcomes are important for the families who have endured tragic loss, casualties of criminal greed and a drug trafficking war. Peel Regional Police remains unwavering in its commitment to working alongside our global partners to bring those responsible for violent acts and homicides – both within Peel and beyond – to justice."
During the investigation, law enforcement has seized more than one ton of cocaine, three firearms, dozens of rounds of ammunition, $255,400 in United States currency, and more than $3.2 million in cryptocurrency. According to the superseding indictment, in March 2024, the organization delivered a total of approximately 293 kilograms (646 pounds) of cocaine to representatives of Ratte and Singh for eventual shipment to and distribution in Canada. The following month, the organization attempted to deliver approximately 375.1 kilograms (827 pounds) of cocaine to representatives of Ratte and Singh for eventual transportation to Canada, but investigators interrupted the delivery and seized the cocaine. In total, several defendants possessed a total of approximately 1,800 kilograms (1.8 metric tons) of cocaine, according to the superseding indictment. One-thousand eight hundred kilograms of cocaine carries a street value between $23.4 and $25.2 million dollars in Los Angeles.
Several of the defendants arrested are expected to make their court appearances within the coming week in Los Angeles, Michigan, and Miami.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
If convicted, Wedding, Clark, and Ratte would face a mandatory minimum penalty of life in federal prison on the continuing criminal enterprise charge. The murder and attempted murder charges carry an additional 20-year mandatory minimum penalty. The drug trafficking charges also carry mandatory minimum penalties between 10 and 15 years in prison.
The FBI investigated this matter with the Los Angeles Police Department, the DEA Los Angeles, and the Royal Canadian Mounted Police – Federal Policing. In addition, significant assistance was provided by U.S. law enforcement partners, including Homeland Security Investigations – Detroit and United States Customs and Border Protection – Buffalo; Canadian law enforcement partners, including Niagara Regional Police Service, Ontario Provincial Police, Toronto Police Service, and Peel Regional Police; Mexican law enforcement partners, including the Attorney General’s Office (Fiscalía General de la República) and the Criminal Investigation Agency (Agencia de Investigación Criminal); and Colombian law enforcement partners, including Colombian National Police – Directorate of Criminal Investigation and Interpol, Special Interagency Investigation Group (Policía Nacional de Colombia – Dirección de Investigación Criminal e Interpol, Grupo Especial de Investigación Interagenciales). This investigation was conducted with the support of the Organized Crime Drug Enforcement Task Force (OCDETF).
Assistant United States Attorneys Lyndsi Allsop and Maria Jhai of the Violent and Organized Crime Section and Ryan Waters of the Asset Forfeiture and Recovery Section are prosecuting this case. The Justice Department’s Office of International Affairs provided substantial assistance.
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.
Wednesday 16 October 2024
“Protecting Places of Worship Forum" to be held in Memphis on October 24, 2024Read the Press Release
Memphis, TN — Faith-based leaders, law enforcement, and community members will gather on Thursday, October 24, 2024 for the Protecting Places of Worship Forum in Memphis, Tennessee. Hosted by the U.S. Department of Justice’s Community Relations Service (CRS) and the U.S. Attorney’s Office for the Western District of Tennessee, this vital forum will address the growing concern over hate crimes targeting places of worship.
What: Protecting Places of Worship Forum
When: Thursday, October 24, 2024, 8:00 AM – 1:00 PM CT
Where: FedEx Event Center at Shelby Farms Park - 415 Great View Dr. E. - Cordova, TN 38018
Why Attend:
As the frequency of hate crimes and violent threats against religious institutions increases, this forum offers an essential opportunity for faith-based leaders, security personnel, and community members to learn how to protect places of worship. Participants will receive expert advice on federal and state hate crime laws, as well as tools and resources for assessing safety and preventing violence. Key highlights of the event include:
- Overview of Hate Crimes Laws: Learn about the latest federal and state protections.
- Active Shooter Training: Prepare for emergency situations with practical insights from law enforcement.
- Best Practices for Prevention: Explore strategies to safeguard your congregation from threats and ensure the safety of your community.
Speakers and Partners:
Experts from the Federal Bureau of Investigation (FBI), Shelby County Sheriff’s Department, Memphis Police Department, Homeland Security Investigations (HSI), the Tennessee Bureau of Investigation (TBI), and other local and federal agencies will lead sessions. This forum is also supported by the Governor’s Office, the City of Memphis, and several community organizations, including the Memphis Baptist Ministerial Alliance and the National Black Prosecutors Association.
How to Register: Attendance is free, but registration is required. Visit the registration link to secure your spot.
Contact Information:
For more information about this forum and how you can participate, please contact Cherri Green in the U.S. Attorney's Office at [email protected].
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This forum serves as an essential platform for protecting vulnerable spaces and ensuring that places of worship remain safe, inclusive environments for all. Don't miss this important opportunity to engage with experts and strengthen the security of your faith community.
Whiting Man Sentenced for Hate CrimesRead the Press Release
HAMMOND – Brian O’Neill, 46 years old, of Whiting, Indiana, was sentenced by United States District Court Judge Gretchen S. Lund after pleading guilty to two counts of Interference with Housing based on Race and one count of Making False Statements to Law Enforcement announced United States Attorney Clifford D. Johnson.
O’Neill was sentenced to 10 months in prison and 2 years of supervised release.
According to documents in the case, between June 2022 and August 2023, O’Neill acted willfully to drive out a family from living next door to Whiting home because of his animosity against that family’s race. O’Neill’s efforts to drive out the next door multi-racial family included: threatening to assault a member of that family; shouting racial slurs at members of that family; and telling them to move out of Whiting. O’Neill also threatened harm on the landlord who had rented the house to that family. When questioned by law enforcement about his actions, O’Neill denied directing racial slurs to the neighboring family and denied making any threats. However, there was a recording that refuted his false denials. As part of his guilty plea in this case, O’Neill acknowledged both his hostile acts against his neighbors and that his actions were motivated by his opposition to persons of color living in his neighborhood.
“Freedom to acquire housing and the freedom to live peaceably in that housing are keys to building a more stable, safe, and prosperous society. When, as in this case, a person interferes with another person’s ability to attain and retain housing because of racial prejudices, they have committed a hate crime,” said United States Attorney Clifford D. Johnson. “My office and our law enforcement partners will aggressively investigate and prosecute these crimes whenever and wherever they occur in the Northern District of Indiana.”
“Every hate crime is a calculated attack on a person’s right to peace and sense of belonging and can leave scars that can linger long after the act itself,” said FBI Indianapolis Acting Special Agent in Charge Thomas Winterhalter. “The FBI’s commitment to investigating hate crimes underscores the seriousness of these offenses. It is not just about enforcing the law but protecting communities and ensuring the rights of individuals to live free of fear.”
This case was investigated by the Federal Bureau of Investigation and the Hammond Police Department with assistance from the Lake County Prosecutors Office. The case was prosecuted by Assistant United States Attorney Thomas M. McGrath and Thomas A. Johnson, Trial Attorney with the Civil Rights Division of the Department of Justice.
If you believe you are a victim of, or witness to, a hate crime or discriminatory act, you are encouraged to report the incident to local and federal law enforcement. In addition, the United States Attorney’s Office for the Northern District of Indiana maintains the below Civil Rights webpage where you may obtain information about your rights and make a complaint directly to the United States Attorney’s Office. https://www.justice.gov/usao-ndin/civil-rights-enforcement
Warner Robins Man Sentenced to Prison for Trafficking MethRead the Press Release
MACON, Ga. – A member of an armed methamphetamine and fentanyl trafficking organization operating in Middle Georgia was sentenced to serve more than 19 years in prison for his crime.
Travis Warthen aka “Trap,” 40, of Warner Robins, was sentenced to serve 235 months in prison to be followed by five years of supervised release. Warthen previously pleaded guilty to conspiracy to possess with intent to distribute controlled substances on Sept. 28, 2023. U.S. District Judge C. Ashley Royal handed down the sentence on Oct. 16. There is no parole in the federal system.
“Travis Warthen is a repeat armed drug trafficker who put the community at additional risk when he dangerously attempted to outrun law enforcement at high speeds, which he’s done before,” said U.S. Attorney Peter D. Leary. “Our office and our law enforcement partners are focused on combatting dangerous armed drug trafficking organizations, which heighten violent crime in our communities.”
“Violent and dangerous drug traffickers are enriching their lives by profiting off someone else’s pain and addiction,” stated Robert J. Murphy, Special Agent in Charge of the DEA Atlanta Division. “Travis Warthen will now face significant federal prison time for his crime.”
“This organized criminal network peddled poison onto the streets of our community,” said Peach County Sheriff Terry W. Deese. “Most law enforcement agencies don’t have the resources to handle investigations to combat organizations like this one. We are fortunate to have federal, state and local law enforcement agencies in Middle Georgia that recognize the benefit of working together to keep our communities safe.”
The following codefendants have been sentenced to prison:
Heather Marie Breland, 40, of Atlanta, was sentenced to serve 240 months in prison on Aug. 14. Breland previously pleaded guilty to one count of aiding and abetting others to possess with intent to distribute more than fifty grams of methamphetamine on Oct. 5, 2023;
Randall Heath, 64, of Macon, was sentenced to serve 100 months in prison on Aug. 13. Heath previously pleaded guilty to one count of possession with intent to distribute methamphetamine on Oct. 5, 2023;
Raiford Reeves aka “RH,” 44, of Warner Robins, Georgia, was sentenced to serve 210 months in prison on May 15. Reeves previously pleaded guilty to distribution of methamphetamine on March 29, 2023;
Jeremiah Kaleta, 47, of Warner Robins, was sentenced to serve 77 months in prison on July 23. Kaleta previously pleaded guilty to conspiracy to possess with intent to distribute methamphetamine on Oct. 3, 2023;
Lucretia Snellgrove, 52, of Warner Robins, was sentenced to serve 70 months in prison on Jan. 24. Snellgrove previously pleaded guilty to possession with intent to distribute methamphetamine on July 12, 2023;
Kendall Howard, 32, of Centerville, Georgia, was sentenced to serve 18 months in prison on Jan. 24. Howard previously pleaded guilty to use of a communication facility to unlawfully conspire to possess with intent to distribute methamphetamine on July 12, 2023;
Luis Acosta, 36, of Centerville, was sentenced to time served on Jan. 24. Acosta previously pleaded guilty to use of a communication facility to unlawfully conspire to possess with intent to distribute controlled substances on June 16, 2023; and
Kenneth Maddox, 32, of Warner Robins, was sentenced to serve four years of probation on Oct. 16. Maddox previously pleaded guilty to use of a communication facility to unlawfully conspire to possess with intent to distribute methamphetamine on June 15, 2023.
According to court documents and statements made in court, between Oct. 2021 and June 2022, DEA agents and local law enforcement investigated a drug trafficking organization (DTO) led by co-defendant Reeves and several of his criminal associates including Warthen and Breland. Breland—the supplier to this DTO—was distributing kilogram quantities of narcotics, primarily methamphetamine and fentanyl, to Reeves out of her condominium located in Atlanta’s Buckhead neighborhood. Law enforcement obtained court orders to intercept the phone calls and text messages from cell phones belonging to Breland and Reeves and conducted controlled purchases of methamphetamine from Reeves. Reeves would supply other co-defendants, including Warthen, with some of the narcotics to sell.
On May 25, 2022, Reeves obtained methamphetamine from Breland in Atlanta and met with Warthen in Warner Robins to supply him with the illegal narcotic. After the transaction, agents followed Warthen and attempted a traffic stop. Warthen fled from authorities, driving into oncoming traffic and reaching speeds more than 100 miles per hour. The defendant lost control and wrecked before exiting the vehicle and running on foot. Warthen fell to the ground and was eventually detained. Agents seized a stolen 9mm caliber handgun under the front passenger seat and found a blue plastic container holding 274.2 grams of methamphetamine in the rear floorboard area. Warthen has a lengthy criminal history including prior felony convictions in both state and federal courts for illegal drug distribution.
This effort is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven and multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The case was investigated by the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Warner Robins Police Department, the Houston County Sheriff’s Office, the Bibb County Sheriff’s Office and the Peach County Sheriff’s Office with assistance from the U.S. Marshals Service.
Deputy Criminal Chief Will Keyes prosecuted the case for the Government.
Virginia Man Sentenced to 66 Months in Prison for Stealing from Elderly Incapacitated VictimsRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Carlton Rembert, 70, of Hampton, Virginia, was sentenced on October 11, 2024, by United States District Judge Joel H. Slomsky to 66 months’ imprisonment, five years of supervised release, $534,335 in restitution to the victims, and a $400 special assessment for his role in a scheme to defraud elderly incapacitated people of over $1 million.
Rembert’s late co-conspirator and sister, Gloria Byars, was a court-appointed guardian for over 100 incapacitated wards in Pennsylvania. Between 2012 and 2018, Byars, Rembert, and other co-conspirators stole the life savings from dozens of wards while Byars served as their court-appointed guardian. Byars pleaded guilty to conspiracy, wire fraud, money laundering, and tax fraud for her role in the fraud scheme. Rembert proceeded to trial in November 2023 and after a four-day trial, a jury found Rembert guilty of conspiracy, bank fraud, and wire fraud.
As guardian, Byars had unfettered access to wards’ property including bank accounts, pensions, real estate, retirement accounts, and other assets. Byars stole money from the wards’ bank accounts by writing unauthorized checks to companies she controlled, or to shell companies controlled by her co-conspirators, Rembert and Alesha Mitchell. Rembert and Mitchell assisted Byars in the theft by opening bank accounts in their home state of Virginia in the names of shell companies purporting to be medical services companies. Byars made the checks payable to her co-conspirators’ fake medical services companies, to make it appear that the elderly incapacitated ward incurred a legitimate medical expense.
After receiving dozens of checks from his sister, Rembert deposited over $695,000 in stolen ward checks into five separate shell business bank accounts he had opened. Rembert then withdrew over $388,000 in cash through 94 structured withdrawals. Rembert also obtained $217,082 in certified checks, sending the certified checks to Byars and keeping a share of the stolen ward money for himself. When confronted by law enforcement, Rembert lied to investigators, pretending that he provided services to the elderly and sick victims. Some of the victims’ families testified at Rembert’s trial, telling the court that they had never heard of Rembert’s sham medical companies, and that neither Rembert nor his companies provided any services for their loved ones.
Rembert and Byars spent the stolen ward money on personal expenses, including vacations, clothing and other retail purchases, restaurants, vehicles, gifts, and parties. In all, Byers, Rembert, and Mitchell stole well over $1 million from at least 120 incapacitated people in the Eastern District of Pennsylvania.
Alesha Mitchell is scheduled to be sentenced on October 24.
“Rembert and his co-conspirators had no qualms about ripping off these incapacitated victims and living it up on their stolen money,” said U.S. Attorney Romero. “The greed and callousness here are off the charts. It’s vile that criminals target the elderly and infirm specifically to take advantage of their vulnerability. My office and our partners will continue to do all we can to hold these crooks responsible and protect our elders from such greed, fraud, and abuse.”
“Elder fraud leaves a damaging impact on victims and our communities, and our office remains steadfast in pursuit of those who exploit this vulnerable population,” said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. “We encourage those who believe that they or a loved one are a victim of elder fraud to report it. Reporting elder fraud is not only a step towards justice, but it helps protect others from victimization.”
“Carlton Rembert, together with his co-conspirator Gloria Byars, abused the trust of the most vulnerable among us – individuals who have been incapacitated by age, illness, or both. What they did was truly heinous – and truly criminal. I applaud United States Attorney Romero for prosecuting these individuals, in one of the first guardianship fraud cases to be prosecuted. Unfortunately, this type of fraud is increasing, and it is important for law enforcement to send a clear signal that it will not be tolerated,” said Delaware County District Attorney Jack Stollsteimer.
“As a law enforcement community, it is our duty to hold individuals accountable who abuse their position of trust and steal from the people that are under their care,” said Amy MacNeely, Acting Special Agent in Charge of IRS Criminal Investigation. “We, along with our law enforcement partners and the Department of Justice, will continue to hold accountable those who exploit the most vulnerable among us.”
The case was investigated by the FBI, the Delaware County District Attorney’s Office Criminal Investigation Division, and IRS Criminal Investigation and is being prosecuted by Assistant United States Attorneys Tiwana Wright and Samuel Dalke.
Upshur County woman sentenced to federal prison for defrauding employerRead the Press Release
TYLER, Texas – An Upshur County woman has been sentenced to federal prison and ordered to pay restitution for federal violations in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs.
Tamarisk Trejo Mathews, 52, of Big Sandy, pleaded guilty to wire fraud and was sentenced to 33 months in federal prison by U.S. District Judge Jeremy Kernodle on October 16, 2024. Mathews was also ordered to pay $334,252.00 in restitution.
According to information presented in court, Mathews was responsible for accounting duties of a restaurant and music venue in Wood County, Texas. She worked in accounts receivable, accounts payable, and had access to the financial accounts of the business. Mathews also had authority to issue invoices to customers and issue checks and other payments to creditors. Beginning in about December 2018, Mathews devised and began executing a scheme to wrongfully obtain money, funds, and assets under the custody and control of the restaurant. Among other things, she wrote checks that she was not authorized to write for personal expenditures, made charges in the business’s name from vendors such as Amazon, and used business funds to make purchases through PayPal. Mathews also opened an American Express account in the name of the business and obtained an American Express credit card. She then used the card and account to make personal purchases and expenditures and paid American Express for those purchases and expenditures using business funds and the business bank account. The scheme resulted in a loss to the business of $334,252.00.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Alan Jackson.
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United States Attorney Announces Election Officer for the District of ArizonaRead the Press Release
PHOENIX, Ariz. – United States Attorney Gary M. Restaino announced today that Assistant United States Attorney (AUSA) Sean Lokey will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election. AUSA Lokey has been appointed to serve as the District Election Officer for the District of Arizona, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington. Lokey has served in this role since the 2020 election cycle.
United States Attorney Restaino stated: “It takes a village to ensure that every eligible voter can cast a ballot easily and efficiently, without interference or discrimination, and with confidence their vote will be counted. This Office and our federal partners have worked collaboratively with Arizona state and local law enforcement, state and local elections officials, and other first responders of democracy like All Voting is Local, the Arizona State Bar and the Arizona Prosecuting Attorney’s Advisory Council, preparing for a smooth and safe election. We thank the many civic leaders who have sat with us in educational panels, tabletop exercises, and security discussions.”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
“Democracy demands action to protect voters’ rights, and to disrupt the efforts of those individuals and entities who seek to deny those rights,” said U.S. Attorney Restaino. “In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Lokey will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: 602-514-7516.”
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public by phone at 623-466-1999 or online at https://tips.fbi.gov/.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, D.C. by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/.
“Ensuring free and fair elections takes a commitment from all Americans,” noted United States Attorney Restaino. “It is important that those who have knowledge about barriers to voting rights or of specific instances of fraud by individual voters make that information available to the Department of Justice.”
Please note, however, that in the case of a crime of violence or intimidation, you should call 911 immediately before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
RELEASE NUMBER: 2024-139_Arizona-General-Election
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.U.S. Attorney’s Office Secures Sentencing of Shiprock Man for 2020 AssaultRead the Press Release
ALBUQUERQUE – A Shiprock man was sentenced to 46 months in prison for a 2020 assault with the intent to steal a motor vehicle within the Navajo Nation.
There is no parole in the federal system.
According to court documents, on May 17, 2020, Daryl Levi, 41, an enrolled member of the Navajo Nation, and others assaulted John Doe in Shiprock, NM, with the intent of taking his motor vehicle. As a result of the assault, John Doe was wounded.
Upon his release from prison, Levi will be subject to three years of supervised release.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorneys Mark A. Probasco and Samuel A. Hurtado are prosecuting the case.
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U.S. Attorney’s Office Secures 18 Year Sentence for Ohkay Owingeh Man Convicted of Torturing ChildRead the Press Release
ALBUQUERQUE – An Ohkay Owingeh man has been sentenced to 18 years in prison, the statutory maximum, for the torture of a five-year old child over a seven-week period in 2021.
There is no parole in the federal system.
According to court documents, between May and July 2021, Christopher Marquez, 34, an enrolled member of the Ohkay Owingeh tribe, physically abused and tortured a 5-year-old child, resulting in great bodily harm including arm fractures, multiple rib fractures, internal bleeding, organ lacerations, and extensive bruising. The severe injuries were in various stages of healing and inflicted as part of a broader pattern of abusive conduct against the child.
Upon his release from prison, Marquez will be subject to 3 years of supervised release.
U.S. Attorney Alexander M.M. Uballez made the announcement today.
The Bureau of Indian Affairs investigated this case. Assistant United States Attorneys Mark A. Probasco and Matthew J. McGinley are prosecuting the case.
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U.S. Attorney’s Office Announces Point of Contact for Election Fraud and Voting Rights ConcernsRead the Press Release
ALBANY, NEW YORK – United States Attorney Carla B. Freedman announced today that Assistant United States Attorney (AUSA) Joshua R. Rosenthal will lead the efforts of the United States Attorney’s Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election. AUSA Rosenthal has been appointed to serve as the District Election Officer (DEO) for the Northern District of New York and in that capacity is responsible for overseeing the District’s handling of Election Day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department headquarters in Washington, D.C.
United States Attorney Freedman stated: “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election. Similarly, election officials and staff must be able to serve without being subject to threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process.”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Rosenthal will be working while the polls are open. He can be reached by the public at the following telephone number: 518-431-0389.
In addition, the Federal Bureau of Investigation (FBI) will have Special Agents available in each Field Office and Resident Agency Office throughout the country to receive allegations of election fraud and other election abuses on Election Day. The FBI Albany Field Office can be reached by the public at 518-465-7551.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, D.C. by complaint form at https://civilrights.justice.gov/ or by phone at 800-253-3931.
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
U.S. Attorney's Office Secures Guilty Verdict Against Albuquerque Felon for Illegal Firearm PossessionRead the Press Release
ALBUQUERQUE – A federal jury has convicted an Albuquerque man of being a felon in possession of a firearm, following a two-day trial that concluded after just over two hours of deliberation.
According to court documents and evidence presented at trial, on October 26, 2021, Albuquerque Police Department officers responded to a ShotSpotter alert and a 911 call reporting a man waving a firearm near an apartment complex. Upon arrival, officers located Anthony A. Hernandez, 31, who matched the description provided by the witness.
Screengrab of body worn video footage showing Hernandez Screengrab of body worn video footage showing HernandezDuring the investigation, officers discovered a purple and black 9mm pistol hidden where Hernandez was seen, along with a spent shell casing in the area. Witness testimony further identified Hernandez as the man with the firearm, and it was confirmed that the recovered firearm had been reported stolen.
Photo of the gun from the crime sceneAs a previously convicted felon, including a prior conviction for armed robbery, Hernandez was prohibited from possessing firearms or ammunition.
Following the verdict, the Court ordered that Hernandez remain in custody pending sentencing, which has not been scheduled. At sentencing, Hernandez faces up to 10 years in prison.
There is no parole in the federal system.
Hernandez is also under indictment for assault on a federal officer, inflicting bodily injury, in November 2022, while being held at the Cibola County Correctional Center on the firearms case. The trial for this charge is scheduled for later this year.
U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with the Albuquerque Police Department. Assistant United States Attorneys Maria Elena Stiteler and Kimberly Bell are prosecuting the case.
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U.S. Attorney announces General Election Day ProgramRead the Press Release
BILLINGS — United States Attorney Jesse Laslovich announced today that Assistant United States Attorney (AUSA) John Newman will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election. AUSA Newman has been appointed to serve as the District Election Officer (DEO) for the District of Montana, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
United States Attorney Laslovich said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election. Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process.”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
United States Attorney Laslovich said, “The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Newman will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: 406-542-8851.”
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 801-579-1400.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by complaint form at https://civilrights.justice.gov/ or by phone at 800-253-3931.
United States Attorney Laslovich said, “Ensuring free and fair elections depends in large part on the assistance of the American electorate. It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
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U.S. Attorney W. Stephen Muldrow Appoints Election Officer for the District of Puerto RicoRead the Press Release
SAN JUAN, Puerto Rico – United States Attorney W. Stephen Muldrow announced today that the Chief of the Financial Fraud & Corruption Section, Assistant United States Attorney (AUSA) Seth Erbe, will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election. AUSA Erbe has been appointed to serve as the District Election Officer (DEO) for the District of Puerto Rico, and in that capacity is responsible for overseeing the district’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
United States Attorney Muldrow said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election. Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process.”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
United States Attorney Muldrow stated that: “The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Erbe will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers: (787) 766-5656 and (787) 242-7400.”
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (787) 987-6500.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by complaint form at https://civilrights.justice.gov/ or by phone at (800) 253-3931.
United States Attorney Muldrow said, “Ensuring free and fair elections depends in large part on the assistance of the American electorate. It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
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U.S. Attorney Announces District Election OfficersRead the Press Release
United States Attorney Susan T. Lehr announced today that Assistant United States Attorneys (AUSAs) Christopher Ferretti and Shereece Dendy-Sanders will lead the efforts of the U.S. Attorney’s Office for the District of Nebraska in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election. AUSAs Ferretti and Dendy-Sanders have been appointed to serve as the District Election Officers (DEOs) for the District of Nebraska, and in that capacity are responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
United States Attorney Lehr said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election. Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process.”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
United States Attorney Lehr stated that: “The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSAs/DEOs Ferretti and Dendy-Sanders will be on duty in this District while the polls are open. They can be reached by the public at (402) 661-3700.”
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (402) 493-8688.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by complaint form at https://civilrights.justice.gov/ or by phone at 800-253-3931.
United States Attorney Lehr said, “Ensuring free and fair elections depends in large part on the assistance of the American electorate. It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
U.S. Attorney Announces District Election OfficerRead the Press Release
MADISON, WIS. – U.S. Attorney for the Western District of Wisconsin, Timothy M. O’Shea, announced today that Assistant United States Attorney Chadwick Elgersma will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election. AUSA Elgersma has been appointed to serve as the District Election Officer (DEO) for the Western District of Wisconsin, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
U.S. Attorney O’Shea said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election. Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process.”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
Recognizing that voting is the “cornerstone of American democracy,” U.S. Attorney O’Shea emphasized that, “we all must ensure that those who are entitled to vote can do so, and that those who seek to corrupt elections are brought to justice. It is important that anyone who has specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”
In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA Elgersma will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: 608-250-5488.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 414-276-4684, option 7.
Two charged with conspiracy to traffic firearmsRead the Press Release
LAREDO, Texas – A Texas man and a Mexican national have been indicted for allegedly attempting to purchase firearms in the United States to bring across the border into Mexico, announced U.S. Attorney Alamdar S. Hamdani.
A federal grand jury has now returned a three-count indictment against Jorge Alberto Morales-Calvo, 25, Mexico, and Homero Arteaga Jr., 45, Mission.
Originally charged by criminal complaint and in custody, they are expected to appear for their arraignment before a U.S. magistrate judge in the near future.
In September, Morales-Calvo and Arteaga allegedly went to Zapata to purchase a .50 caliber rifle and a FN Five-Seven pistol. The charges allege they were given a bag containing $16,850 in counterfeit U.S. currency to purchase the firearms.
According to the complaint, Morales-Calvo and Arteaga arrived in a black pickup truck at the predetermined meeting point, at which time Arteaga inspected the firearms. After retrieving the counterfeit money for the transaction, Arteaga allegedly grabbed the case holding the firearms and attempted to place them in the bed of the truck.
The charges allege Morales-Calvo noticed authorities and attempted to flee and left Arteaga behind. Law enforcement quickly apprehended both men, according to the complaint.
The firearms were intended for ultimate delivery in Mexico, according to the charges.
If convicted of the conspiracy, both men face up to 15 years in federal prison and a possible $250,000 maximum fine. Arteaga and Morales-Calvo are also charges with felon in possession of a firearm and alien in possession of a firearm, respectively, and face an additional 10 years in federal prison, upon conviction.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with the assistance of the Texas Department of Public Safety and Border Patrol.
Assistant U.S. Attorney Andrew P. Hakala-Finch is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Two Sudanese Nationals Indicted for Alleged Role in Anonymous Sudan Cyberattacks on Hospitals, Government Facilities, and Other Critical Infrastructure in Los Angeles and Around the WorldRead the Press Release
LOS ANGELES – A federal grand jury indictment unsealed today charges two Sudanese nationals with operating and controlling Anonymous Sudan, an online cybercriminal group responsible for tens of thousands of Distributed Denial of Service (DDoS) attacks against critical infrastructure, corporate networks, and government agencies in the United States and around the world.
In March 2024, pursuant to court-authorized seizure warrants, the U.S. Attorney’s Office and FBI seized and disabled Anonymous Sudan’s powerful DDoS tool, which the group allegedly used to perform DDoS attacks, and sold as a service to other criminal actors.
Ahmed Salah Yousif Omer, 22, and Alaa Salah Yusuuf Omer, 27, were both charged with one count of conspiracy to damage protected computers. Ahmed Salah was also charged with three counts of damaging protected computers.
“Anonymous Sudan sought to maximize havoc and destruction against governments and businesses around the world by perpetrating tens of thousands of cyberattacks,” said United States Attorney Martin Estrada. “This group’s attacks were callous and brazen—the defendants went so far as to attack hospitals providing emergency and urgent care to patients. My office is committed to safeguarding our nation’s infrastructure and the people who use it, and we will hold cyber criminals accountable for the grave harm they cause.”
“The FBI’s seizure of this powerful DDoS tool successfully disabled the attack platform that caused widespread damage and disruptions to critical infrastructure and networks around the world,” said Special Agent in Charge Rebecca Day of the FBI Anchorage Field Office. “With the FBI’s mix of unique authorities, capabilities, and partnerships, there is no limit to our reach when it comes to combating all forms of cybercrime and defending global cybersecurity.”
“These charges and the results of this investigation, made possible through law enforcement and private sector partnerships, have an immeasurable impact on the security of networks in the U.S. and of its allies, and demonstrates the resolve of the Defense Criminal Investigative Service (DCIS) to safeguard the Department of Defense from evolving cyber threats,” said Kenneth A. DeChellis, DCIS Cyber Field Office, Special Agent in Charge. “Cybercriminals need to understand that if they target America’s warfighters, they will face consequences.”
According to the indictment and a criminal complaint also unsealed today, since early 2023, the Anonymous Sudan actors and their customers have used the group’s Distributed Cloud Attack Tool (DCAT) to conduct destructive DDoS attacks and publicly claim credit for them. In approximately one year of operation, Anonymous Sudan’s DDoS tool was used to launch over 35,000 DDoS attacks, including at least 70 targeting computers in the greater Los Angeles area.
Victims of the attacks include sensitive government and critical infrastructure targets within the United States and around the world, including the Department of Justice, the Department of Defense, the FBI, the State Department, Cedars-Sinai Medical Center in Los Angeles, and government websites for the state of Alabama. Victims also included major U.S. technology platforms, including Microsoft Corp. and Riot Games Inc., and network service providers. The attacks resulted in reported network outages affecting thousands of customers.
Anonymous Sudan’s DDoS attacks, which at times lasted several days, caused damage to the victims’ websites and networks, often rendering them inaccessible or inoperable, resulting in significant damages. For example, Anonymous Sudan’s DDoS attacks shuttered the emergency department at Cedars-Sinai Medical Center, causing incoming patients to be redirected to other medical facilities for approximately eight hours. Anonymous Sudan’s attacks have caused more than $10 million in damages to U.S. victims.
The March 2024 disruption of Anonymous Sudan’s DCAT tool, called variously “Godzilla,” “Skynet,” and “InfraShutdown,” was accomplished through the court-authorized seizure of its key components. Specifically, the warrants authorized the seizures of computer servers that launched and controlled the DDoS attacks, computer servers that relayed attack commands to a broader network of attack computers, and accounts containing the source code for the DDoS tools used by Anonymous Sudan.
An indictment is merely an allegation, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
If convicted of all charges, Ahmed Salah would face a statutory maximum sentence of life in federal prison, and Alaa Salah would face a statutory maximum sentence of five years in federal prison.
The investigation of Anonymous Sudan was conducted by the FBI’s Anchorage Field Office, the Defense Criminal Investigative Service, and the State Department’s Diplomatic Security Service Computer Investigations and Forensics Division.
Assistant United States Attorneys Cameron L. Schroeder and Aaron Frumkin of the Cyber and Intellectual Property Crimes Section are prosecuting this case, with substantial assistance from Trial Attorney Greg Nicosia of the National Security Division’s National Security Cyber Section. Assistant United States Attorneys Schroeder and Frumkin, along with Assistant United States Attorney James Dochterman of the Asset Forfeiture Section, also obtained the seizure warrants for computer servers constituting Anonymous Sudan’s DCAT tool.
The DOJ Criminal Division’s Office of International Affairs, the FBI’s International Operations Division and Behavioral Analysis Unit, and the U.S. Attorney’s Office for the District of Alaska aided in this investigation.
These law enforcement actions were taken as part of Operation PowerOFF, an ongoing, coordinated effort among international law enforcement agencies aimed at dismantling criminal DDoS-for-hire infrastructure worldwide, and holding accountable the administrators and users of these illegal services. Akamai SIRT, Amazon Web Services, Cloudflare, Crowdstrike, DigitalOcean, Flashpoint, Google, Microsoft, PayPal, SpyCloud and other private sector entities provided assistance in this matter.
redacted_ahmed_complaint_v.2.pdf indictment_embargo.pdfTwo Men Sentenced on Drug ChargesRead the Press Release
ANNISTON, Ala. – Two men have been sentenced on drug charges , announced U.S. Attorney Prim F. Escalona and Drug Enforcement Administration Special Agent in Charge Steven L. Hofer.
U.S. District Court Judge Corey Maze sentenced Anthony Scott Coffee, 44, of Anniston, to 150 months in prison and Torey Lacarr Hudson, 29, of Anniston, to 120 months in prison for distribution of methamphetamine. According to court documents, in September 2023, Coffee and Hudson distributed 107.9 grams of methamphetamine to an undercover agent in Anniston, Alabama.
At the time of the offense, Coffee was on probation for convictions in Calhoun County Circuit Court for kidnapping first degree and attempted murder, and he had a history of domestic violence. Hudson was on probation for a murder conviction in Calhoun County Circuit Court.
DEA investigated the case along with the 7th Judicial Major Crimes Unit. Assistant United States Attorney Brittany Byrd prosecuted the case.
Two CPAs Sentenced in Billion-Dollar Syndicated Conservation Easement Tax SchemeRead the Press Release
Two accountants were each sentenced today to 20 months in prison for their roles in the promotion and sale of abusive syndicated conservation easement tax shelters.
According to court documents and statements made in court, Victor Smith was a CPA and founding partner of an Atlanta-based accounting firm. Beginning at least in 2014 and through at least 2019, Smith promoted and sold tax deductions to his wealthy clients in the form of units in illegal syndicated conservation easement tax shelters organized and created by co-defendants Jack Fisher, James Sinnott and others. Smith, along with his firm, sold approximately $14 million in false tax deductions to their clients, causing a tax loss to the IRS of about $4.8 million. He earned $491,400 in commissions from Fisher and Sinnott for his role in the scheme.
William Tomasello was a CPA at another accounting firm who, at least in 2015 and through at least 2019, also promoted and sold units to his wealthy clients in these same syndicated conservation easement tax shelters. Tomasello sold approximately $8.5 million in false deductions, causing a tax loss of about $2.3 million. He earned approximately $525,072 in commissions.
The scheme entailed the creation of partnerships that would purchase land and land-owning companies and then donate conservation easements over that land or the land itself. Appraisers would value the land and the partnerships would then claim a charitable contribution tax deduction based on the appraised value of the conservation easement, resulting in tax deductions flowing to the wealthy clients who purchased units in the partnership. Many of these clients joined the tax shelters after the donation of the interest in land and after the close of the relevant tax year.
Smith and Tomasello both knew that, contrary to law, these syndicated conservation easement tax shelters lacked economic substance and that their wealthy clients participated in these sham investments only to obtain a tax deduction and received only a tax benefit for their participation in the tax shelters. For example, a client who purchased units in a partnership had to “vote” ostensibly on what to do with the partnership’s land. However, Smith and Tomasello knew that the “vote” held by the partnerships each year was just optics and that the land invariably would be donated largely as a conservation easement. Smith and Tomasello also knowingly instructed and caused their clients to falsely backdate documents — such as subscription agreements and checks — related to the illegal tax shelters.
In addition to their prison sentences, U.S. District Court Judge Timothy C. Batten Sr. for the Northern District of Georgia ordered Smith to serve two years of supervised release and to pay $4,878,990.90 in restitution. Judge Batten ordered Tomasello to serve three years of supervised release, to perform 120 hours of community service and to pay $2,386,816.04 in restitution.
Seven additional defendants have previously pleaded guilty to criminal conduct related to the syndicated conservation easement tax shelter scheme of Fisher and Sinnott (who were convicted after trial). These other defendants include appraiser Walter Douglas “Terry” Roberts, accountant Stein Agee, CPA Corey Agee, CPA Ralph Anderson, CPA James Benkoil, CPA Herbert Lewis and CPA and Attorney Randall Lenz.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division, U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia and IRS Criminal Investigation Chief Guy Ficco made the announcement. They also thanked U.S. Attorney Dena J. King for the Western District of North Carolina for her office’s assistance.
IRS Criminal Investigation and the U.S. Postal Inspection Service investigated the case.
Trial Attorneys Richard M. Rolwing, Parker Tobin, Jessica Kraft and Nicholas J. Schilling Jr. of the Tax Division and Assistant U.S. Attorney Christopher Huber, Deputy Chief of the Complex Frauds Section, for the Northern District of Georgia prosecuted the case.
Toronto man pleads guilty to firearms trafficking conspiracyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Jeshua Lion Myers a/k/a Dually, 29, a citizen of Canada, the United States, and the Bahamas, residing in Toronto, Canada, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiracy to commit firearms trafficking, which carries a maximum penalty of 15 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that in December 2023, Myers told an undercover law enforcement officer that he could travel to Florida to acquire firearms from various stores and websites, and then arranged to bring those firearms to the Western District of New York with the belief that the undercover officer could illegally smuggle those firearms into Canada to a co-conspirator. On December 20, 2023, Myers met with the undercover officer in Buffalo and provided 19 firearms in exchange for $33,000. Several of the firearms were semi-automatic firearms capable of accepting a high-capacity magazine. Myers also provided assorted magazines, including high-capacity magazines, ammunition, and other weapons components. On February 13, 2024, Myers provided approximately 110 additional firearms to undercover law enforcement officers.
The plea is the result of an investigation by Homeland Security Investigations Border Enforcement Security Task Force, under the direction of Special Agent-in-Charge Erin Keegan, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, New York Field Division, and the Ontario Provincial Police. Additional Assistance was provided by Homeland Security Investigations, Miami, Florida.
Sentencing is scheduled for February 21, 2025, before Judge Sinatra.
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Tokio, ND Woman Indicted for Involuntary Manslaughter and Child Neglect in Indian countryRead the Press Release
Fargo – United States Attorney Mac Schneider announced that on October 16, 2024, Tierra Lynn Scott, age 30 from Tokio, ND, made her initial appearance and was arraigned in federal court. The United States District Court for the District of North Dakota unsealed an Indictment revealing that a federal grand jury indicted Scott for Involuntary Manslaughter and three counts of Child Neglect in Indian country. Scott was detained and trial has been scheduled for December 10, 2024.
The Indictment in this case is not evidence of guilt. The defendant is presumed innocent unless or until proven guilty beyond a reasonable doubt at trial.
On August 17, 2024, law enforcement responded to a residence in Fort Totten, North Dakota, where an adult male was later pronounced dead. The investigation revealed the man had been struck and run over by a motor vehicle driven by Scott. The indictment alleges Scott was under the influence of intoxicating liquor and in possession of a controlled substance and drug paraphernalia and Scott was backing and otherwise driving recklessly, and without due care for the rights and safety of others. The investigation further revealed Scott had three minor children in the vehicle with her at the time.
This case is being investigated by the Federal Bureau of Investigation with assistance from the Bureau of Indian Affairs and is being prosecuted by Assistant United States Attorney Lori H. Conroy.
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Ten Defendants Indicted in Connection with a Massachusetts-Based Drug Trafficking OrganizationRead the Press Release
CONCORD – Ten defendants have been indicted in connection with a Methuen and Lawrence-based organization trafficking narcotics to New Hampshire, U.S Attorney Jane Young announces.
Today, law enforcement officers arrested seven defendants in New Hampshire and Massachusetts on charges of conspiracy to distribute controlled substances, namely, fentanyl, methamphetamine, cocaine, and crack cocaine. The defendants are scheduled to appear in federal court at various times this week and next week.
The following defendants have been indicted in connection with this drug trafficking organization:
- Michael Martinez, age 33, of the Dominican Republic; he has not yet been arrested.
- Donaida Gonzalez, aka Yijana Rodriguez, age 52, of Methuen, MA; she is in custody.
- Diana Bautista-Arias, aka Alba Cruz-Solano, age 43, of Lawrence, MA; she is in custody.
- Eddy Balbuena-Gomez, age 30, of Lawrence, MA; he is in custody.
- Redondo Dore, age 28, of Berlin, NH; he is in custody.
- Trevor Mackenzie, age 33, of Rochester, NH; he is in custody.
- Katie Curtis, age 38, of Rochester, NH; she is in custody.
- Tabitha O’Brien, age 44, of Rochester, NH; she is in custody.
- Craig Grant, age 41, of Somersworth, NH; he has not yet been arrested.
- Jamie Bonner, age 42, of Somersworth, NH; she has not yet been arrested.
The charge of conspiracy to distribute or possess with intent to distribute controlled substances provides for a sentence of up to 20 years in prison. Michael Martinez and Redondo Dore are facing mandatory minimum penalties of 10 years based on their involvement in the conspiracy. Katie Curtis is also facing a mandatory minimum sentence of 5 years based on her involvement in the conspiracy. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Homeland Security Investigations led the investigation. The Federal Bureau of Investigation, the United States Marshal Service, the Strafford County Sheriff’s Office, the Massachusetts State Police, the Keene Police Department, the Salem Police Department, the Berlin Police Department, the Londonderry Police Department, the Nashua Police Department, the Concord Police Department, the New Hampshire State Police, the Lawrence Police Department, and the Methuen Police Department provided valuable assistance. Assistant U.S. Attorneys Aaron Gingrande and Jarad Hodes are prosecuting 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 details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Stroudsburg Man Sentenced to 25 Years’ Imprisonment for Production of Images Containing the Sexual Exploitation of A ChildRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Christopher Horsfield, age 50, formerly of Stroudsburg, Pennsylvania, was sentenced August 23, 2024, by U.S. District Court Judge Malachy E. Mannion to serve a term of 25 years’ imprisonment, followed by 10 years of supervised release for producing images containing the sexual exploitation of a child.
According to United States Attorney Gerard M. Karam, between November 2022 and August 2023, Horsfield acquired, created, and distributed child pornography—some of which Horsfield personally created with minor victims. Law enforcement discovered the abuse while investigating a report of inappropriate contact between a minor and another individual, finding communications between Horsfield and the individual on the individual’s phone that included videos depicting Horsfield engaging in the sexual exploitation of a minor. Subsequent investigation determined that Horsfield possessed 2,125 images and 218 videos of child pornography on his phone.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
The case was investigated by the Pennsylvania State Police, Stroudsburg Area Police Department, and the Federal Bureau of Investigation (FBI). Assistant U.S. Attorney David C. Williams and former Special Assistant U.S. Attorney Erin Varley prosecuted the case.
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Stilwell Resident Sentenced for Possessing A Firearm in Furtherance of Drug TraffickingRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Nakiah Twobear Eagle, age 27, of Stilwell, Oklahoma, was sentenced to 60 months in prison for one count of Possession of a Firearm in Furtherance of a Drug Trafficking Crime.
The charges arose from an investigation by the Drug Enforcement Administration and the Adair County Sheriff’s Office.
On March 25, 2024, Eagle pleaded guilty to the federal firearms offense. According to investigators, on August 30, 2022, an Adair County Sheriff’s Office Investigator conducting a routine traffic stop discovered Eagle to be in possession of a loaded .22 caliber semiautomatic pistol, along with 732.8 grams of methamphetamine, which Eagle intended for distribution. Eagle knowingly possessed the firearm in furtherance of his trafficking of methamphetamine.
The Honorable Ronald A. White, Chief District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the sentencing hearing. Eagle will remain in the custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant U.S. Attorney Rachel Geizura represented the United States.
Sixteen Hells Angels & Red Devils Motorcycle Gang Members Face Charges Related to Violent Racketeering EnterpriseRead the Press Release
An indictment was unsealed in the Eastern District of North Carolina charging 16 members of two outlaw motorcycle gangs — the Hells Angels Motorcycle Club (HAMC) and the Red Devils Motorcycle Club (RDMC) — for their alleged roles in a criminal enterprise engaging in violent criminal activity in and around Raleigh and Fayetteville, North Carolina. The RDMC is the main support club nationwide for the HAMC.
Five of the defendants are charged with murder in aid of racketeering for allegedly killing a member of the Pagan’s Motorcycle Club (PMC), a rival gang, on Jan. 1, 2023, in Raleigh. Two additional defendants are charged with accessory after the fact for their alleged actions following that murder.
Eight defendants are charged with attempted murder in aid of racketeering and assault with a dangerous weapon in aid of racketeering for their alleged roles in a July 22, 2023, violent assault of PMC members in the parking lot of a Dairy Queen restaurant in Wade, North Carolina.
And one defendant is charged with obstruction for allegedly attempting to dissuade a witness from assisting the criminal investigation of this case.
“According to the indictment, these defendants were leaders, organizers, and members of the Hell’s Angels Motorcycle Club and committed multiple crimes to advance their positions in this violent gang,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The gang’s alleged violent acts included the murder of a rival gang member on a public street, and the assault and attempted murder of other rival gang members in a restaurant parking lot. This indictment demonstrates that, along with our local, state, and federal law enforcement partners, the Criminal Division is committed to holding accountable those responsible for acts of violence that terrorize local communities.”
“Two years ago we launched a Violent Crime Action Plan to partner with local law enforcement to identify the individuals and groups driving violence in North Carolina, especially criminal enterprises that support and encourage violence by their members,” said U.S. Attorney Michael F. Easley Jr. for the Eastern District of North Carolina. “We’ll keep pursuing cases like this one, charging violent crimes in aid of racketeering, to expose patterns of violence and hold gang members and those who enable them accountable.”
“Outlaw motorcycle gangs are notorious for lawless and violent behavior,” said Special Agent in Charge Bennie Mims of the Bureau of Alcohol, Tobacco Firearms and Explosives (ATF) Charlotte Field Division. “These criminal organizations are allegedly responsible for a long list of illegal activities, including firearms trafficking, assault, and homicide, and operate with absolutely no regard for the safety of law enforcement or the community. ATF is proud to stand with our law enforcement partners and be part of an effort to disrupt and disband such a violent and dangerous network.”
“I am proud to stand with my federal, state, and local partners in investigating and disrupting violent organizations which demonstrate a blatant disregard for life and will pursue any method to advance their criminal enterprise in our great city,” said Chief Estella Patterson of the Raleigh Police Department. “The Raleigh Police Department and our community will not tolerate destructive behavior and will work tirelessly with our law enforcement partners to identify those responsible to ensure they are held accountable. I am grateful to U.S. Attorney Michael Easley and his team for their continued dedication and steadfast commitment to public safety. I also thank the ATF, the Fayetteville Police Department, and the Cumberland County Sheriff’s Office for their strong partnership in these cases.”
“Operation Broken Halo has been an ongoing investigation with the Fayetteville Police Department and the ATF into an alleged criminal enterprise connected to an outlaw motorcycle gang,” said Chief Kemberle Braden of the Fayetteville Police Department. “Through collaboration and partnership with the ATF and other supporting agencies, we were able to successfully bring charges against numerous members of this outlaw motorcycle gang and their supporting clubs. The Fayetteville Police Department remains committed to our partnership with federal, state, and local agencies to remove violent criminals from our community.”
“I want to make it clear: violent activity is not tolerated in Cumberland County,” said Sheriff Ennis W. Wright of the Cumberland County Sherriff’s Office. “The Sheriff's Office is 100% committed to maintaining a safe and peaceful community. We thoroughly investigate all tips, and it’s vital for the community to continue to report what they see because we cannot do it alone. We are grateful for our partnerships with the community, the Justice Department, and federal and local law enforcement agencies. Together, we do and will continue to make a difference.”
Most of the charges are being brought under the Violent Crimes in Aid of Racketeering Activity (VICAR) statute, which makes it illegal to commit certain violent crimes for the purpose of joining, maintaining one’s position with, or moving up in rank within the enterprise. The violent crimes included in this statute include murder, kidnapping, maiming, assault with a dangerous weapon, assault resulting in serious bodily injury, and threatening to commit a crime of violence.
The indictment alleges that all 16 defendants are members or associates of the HAMC, a violent outlaw motorcycle group that allegedly uses violence, threats, and intimidation to carry out its perceived mission and enforce its rules. According to the indictment, RDMC members are subservient to the HAMC and provide support by acting as a source of recruitment for the HAMC and carrying out violent acts to further the HAMC’s interests.
The indictment alleges that HAMC members are under a standing order to attack, injure, and kill members of the PMC. The indictment also alleges that HAMC members commonly commit physical assaults, including murder, threats to injure, and intimidation to keep witnesses to their criminal conduct silent.
The indictment charges the following offenses:
Vidaul Rashaad Reed, 31, also known as Hootie, Anthony Edward Cheever, 34, also known as Rowdy, David William Stephens, 26, also known as 007, Martinus Jermaine Starks, 43, also known as Tee, and Tyler Scott Grissom, 31, also known as Snow, are all allegedly members of the RDMC and are each charged with one count of murder in aid of racketeering and one count of discharge of a firearm in connection with a crime of violence and, in doing so, causing death related to the alleged murder of a member of the PMC on Jan. 1, 2023. Murder in aid of racketeering carries a mandatory life sentence, if convicted.
Christopher Dylan Manor, 28, and Robert Scott Brown, 62, are both charged with accessory after the fact to the Jan. 1, 2023, murder. As alleged, Manor was a member of the RDMC at the time of the alleged offense and Brown is a member of the HAMC. Each faces a maximum penalty of 15 years in prison, if convicted.
Jason Lee Hathaway, 47, Fred Joseph Prosperi, 42, also known as Freddy and Snow Boy, William Scott Gardner, 33, also known as Big Will, Terry Lewis Akins Jr., 51, J.R. Nevarez Darr, 31, Darrell Dewayne Strickland Jr., 26, William Franklin Beasley, 64, and David Lee Woodall, 45, are charged with attempted murder in aid of racketeering and assault with a deadly weapon in aid of racketeering related to the alleged attempted murder and assault with a dangerous weapon of members of the PMC on July 22, 2023, in the parking lot of a Dairy Queen restaurant in Wade, North Carolina. They were all allegedly members of the HAMC at the time of the offense. If convicted, each faces a maximum penalty 30 years in prison.
Jonathan Michael Robarge, 40, is charged with tampering with a witness, victim or informant by harassment. Robarge allegedly has ties to both the HAMC and the RDMC. If convicted, he faces a maximum penalty three years in prison.
A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The ATF, Raleigh and Fayetteville Police Departments, and Cumberland County Sheriff’s Office are investigating the case.
Trial Attorney Alyssa Levey-Weinstein and Deputy Chief Kelly Pearson of the Criminal Division’s Violent Crime and Racketeering Section and Assistant U.S. Attorneys Kelly L. Sandling and Robert Dodson for the Eastern District of North Carolina are prosecuting the case.
This investigation was an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launders, 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.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Six More Defendants Plead Guilty in Federal Pandemic Unemployment Benefit SchemeRead the Press Release
ABINGDON, Va. – Six defendants indicted in May 2024 for conspiring to defraud the United States, to commit program fraud, and to commit mail fraud in connection to a scheme involving the filing of fraudulent claims for pandemic unemployment benefits, pled guilty yesterday in federal court.
Josef Ludwig Brown, 43, of Tazewell, Virginia; Crystal Samantha Shaw, 39, of Raven, Virginia; Jonathan Scott Webb, 40, of Raven, Virginia; Christopher Kirk Webb, 39, of Raven, Virginia; and Stephanie Amber Barton, 30, of Cedar Bluff, Virginia, all pled guilty to one count of conspiring to defraud the United States in connection with emergency benefits, while Haleigh McKenzie Wolfe, 30, of Cedar Bluff, Virginia, entered a guilty plea to defrauding the United States in connection with emergency benefits.
According to court documents, between March 2020 and September 2021, these co-defendants conspired with others to file fraudulent claims and recertifications for pandemic unemployment benefits via the Virginia Employment Commission website while they were incarcerated in jails throughout the Western District of Virginia. Due to their incarceration status, these defendants were ineligible for pandemic unemployment benefits. Brown, one of the lead defendants in this investigation, admitted he solicited other co-conspirators while he was incarcerated to obtain their personal identifying information to provide to Shaw, another lead defendant, for her use in filing fraudulent claims and recertifications for unemployment benefits. In total, among the 17 defendants charged in this conspiracy, the Virginia Employment Commission paid out over $340,000 in fraudulent pandemic relief benefits.
Earlier this year, Brian Edward Addair, Clinton Michael Altizer, Cara Camille Bailey, Jeramy Blake Farmer, Joseph Frederick Hass, Daniel Wayne Horton, Jessica Dawn Lester, and Terrance Brooks Vilacha pled guilty to related fraud charges.
United States Attorney Christopher R. Kavanaugh, Brian D. Miller, Special Inspector General for Pandemic Recovery, and Virginia Attorney General Jason Miyares made the announcement.
As part of the Pandemic Response Accountability Committee (PRAC) Task Force, this investigation was conducted by the Special Inspector General for Pandemic Recovery. The PRAC’s 20-member Inspectors General identify major risks that cross program and agency boundaries to detect fraud, waste, abuse, and mismanagement in the more than $5 trillion in COVID-19 spending.
Agencies that assisted with this investigation include the Dickenson County Sheriff’s Office, the Southwest Virginia Regional Jail Authority, the Federal Bureau of Investigation, the United States Department of Labor, and the Virginia Employment Commission.
Special Assistant U.S. Attorney M. Suzanne Kerney-Quillen, a Senior Assistant Attorney General with the Virginia Attorney General’s Major Crimes and Emerging Threats Section, and Assistant U.S. Attorney Danielle Stone are prosecuting the case for the United States.
Senior Promoter in Cryptocurrency Ponzi Scheme Sentenced to 240 Months in PrisonRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that on October 15, 2024, JUAN TACURI, a senior promoter in the cryptocurrency Ponzi scheme known as Forcount (and later known as Weltsys) was sentenced to the statutory maximum of 240 months in prison by United States District Judge Analisa Torres. The Forcount scheme spanned the globe, ensnared thousands of victim-investors (“Victims”), and in the United States principally targeted Spanish-speaking populations. TACURI was one of the scheme’s most successful promoters and reaped millions of dollars from his participation in the fraud, which he spent on Florida real estate and luxury goods, among other things. Over 20 Victims appeared before the Court to give victim impact statements.
U.S. Attorney Damian Williams said: “Juan Tacuri may have claimed to be involved in cutting- edge cryptocurrency investing, but, in reality, he was running one of the oldest tricks in the book: a Ponzi scheme. Tacuri was one of the most prolific promoters of the Forcount Ponzi scheme, taking in millions of dollars from working class victims. Instead of using victims’ funds as promised, he instead spent it on himself. Today’s sentence should serve as a stark reminder that, in the long run, fraud does not pay.”
According to the Indictment, public filings, and statements made in court:
Forcount was a purported cryptocurrency mining and trading company that promised to earn its victim-investors (“Victims”) profits in exchange for their purchase of purported cryptocurrency-related investment products. The founders and promoters of the scheme, such as TACURI, falsely promised their Victims, among other things, that profits from the company’s cryptocurrency trading and mining would result in guaranteed daily returns on Victims’ investments and the doubling of those investments within six months. In reality, Forcount was not engaging in cryptocurrency trading or mining, and the founder and promoters of the scheme were using Victim funds to pay other Victims, to further promote the schemes, and to enrich themselves.
TACURI traveled throughout the United States where he and others hosted lavish expos and small community presentations aimed at luring Victims to invest in the schemes, including in the Southern District of New York. During larger-scale events, TACURI would present Forcount’s investment products and compensation plan, encourage Victims to invest as a means of achieving financial freedom, and boast about the amount of money he was earning, including by wearing designer clothing to such events. The atmosphere of these events was festive and designed to generate excitement about the schemes.
Victims invested in the Forcount scheme by purchasing investment products from promoters, such as TACURI, using cash, checks, wire transfers, and actual cryptocurrency. Following a Victim’s investment, they would be provided with access to an online portal where they could monitor their purported returns. While Victims saw “profits” accumulate on the scheme’s online portal, most Victims were unable to withdraw any of these so-called profits and ultimately lost their entire investments. By contrast, Forcount’s promoters, like TACURI, siphoned off, in some cases, hundreds of thousands of dollars in Victim funds, which they withdrew as cash, spent on promotional expenses for the schemes, and used for personal expenditures such as luxury goods and real estate.
At least as early as in or about April 2018, Victims who attempted to withdraw money from their online portal accounts had difficulty doing so and, when they complained to promoters, such as TACURI, they were met with excuses, delays, and hidden fees, if they were able to make any withdrawals at all. Despite these complaints, Forcount’s promoters, including TACURI, continued to promote the fraudulent scheme and accept Victims’ investments. As complaints mounted Forcount began offering proprietary crypto-tokens for sale as a means of injecting liquidity into the scheme. TACURI claimed that these tokens, known as “Mindexcoin,” would eventually be worth a significant amount of money when they were accepted by companies for payment for goods and services. This was false. In reality, they were essentially worthless and resulted in further financial loss to Victims. By in or about 2021, the scheme had stopped making payments to Victims and their chief promoters, including TACURI, stopped promoting the schemes, and, in some instances, stopped responding to Victims’ complaints altogether.
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In addition to the prison term, TACURI, 46, of Greenacres, Florida, was sentenced to one year of supervised release and ordered to forfeit $3,610,718.67 and all right and title to a home in Florida that he purchased in part with Forcount Victim funds. TACURI was also ordered to pay at least $3,610,718.67 in restitution.
Mr. Williams praised the outstanding investigative work of Homeland Security Investigations. Mr. Williams also thanked the New York City Police Department, the New York City Sheriff’s Office, the Bureau of Insurance Fraud, Property, and Casualty in the Division of Investigative and Forensic Services of the Florida Department of Financial Services, and the Florida Office of Financial Regulation for their assistance. Mr. Williams also thanked the Securities and Exchange Commission and the Brazilian Federal Police for their assistance.
The case is being handled by the Office’s Illicit Finance and Money Laundering Unit. Assistant U.S. Attorneys Benjamin A. Gianforti and Michael D. Maimin are in charge of the prosecution.
If you believe that you have been victimized by the Forcount/Weltsys Ponzi scheme, please send an email to [email protected].
Rolla Sex Offender Sentenced to 190 Months in Prison for Child PornographyRead the Press Release
ST. LOUIS – U.S. District Judge Henry E. Autrey on Wednesday sentenced a sex offender who sent child sexual abuse material to others to 190 months in prison.
Torrey Jaymes McAlpin, 37, of Rolla, will be on supervised release for life after his release from prison.
McAlpin was caught after the social media app Kik submitted a CyberTip to the National Center for Missing and Exploited Children about someone who uploaded four videos and five images containing child sexual abuse material in chat messages. The messages were traced to McAlpin, who was convicted of first-degree sexual abuse involving a child in Kentucky in 2013. McAlpin was found guilty of failing to register as a sex offender in Tennessee in 2018.
Investigators found evidence that McAlpin had sent multiple images and videos containing child sexual abuse material to other Kik users in June of 2021.
McAlpin pleaded guilty in U.S. District Court in St. Louis in July to one count of possession of child pornography and one count of failure to register as a sex offender.
The Phelps County Sheriff’s Department and Homeland Security Investigations investigated the case. Assistant U.S. Attorney Nathan Chapman prosecuted the case.
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. Attorneys’ Offices and the Department of Justice Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who 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.
Rhode Island Businesswoman Admits to Failing to Pay More Than $1.2 Million Dollars in Payroll and Individual TaxesRead the Press Release
PROVIDENCE, RI – The president of a Rhode Island electrical service business today admitted to a federal judge that she failed to pay over to the Internal Revenue Service (IRS) more than $1.2 million dollars in payroll taxes deducted from employees’ paychecks, and in individual income taxes when she falsely claimed on joint individual tax returns that employment taxes were withheld and paid to the IRS, when, in fact, no such payments were made to the IRS, announced United States Attorney Zachary A. Cunha.
Gail M. Hynson, 59, president of Hynson Electrical Services, Inc. pleaded guilty to ten counts of failure to account for and pay over payroll taxes and three counts of filing a false tax return. She is scheduled to be sentenced on January 14, 2025. The defendant’s sentences will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
“This defendant made a conscious choice to try and divert her payroll tax obligations as a business owner into her own pockets,” remarked U.S. Attorney Cunha. “Crimes like this impact not just the workers whose employer payroll taxes went unpaid, but all of our communities, which suffer when the taxes that benefit the common good go unpaid. Today’s conviction should send the clear message that this office will hold tax cheats accountable.”
“Gail Hynson chose to steal from the IRS to enrich herself, when she failed to pay over the taxes she withheld from her own employees.” said IRS CI Special Agent in Charge Harry T Chavis Jr. "Based on Hynson’s actions, her employees could have been at risk to pay their payroll taxes twice, until her egregious activity was uncovered -- first through their withholdings, that were stolen by Hynson, and second when they filed their income taxes and had no withholdings reported. However, if, as here, the IRS discovers that an employer withheld these payroll taxes (also known as "trust-fund taxes"), but failed to pay them over to the government, the employee is credited with having paid the taxes, and the government may not require any additional payment from the employee."
As reflected in charging documents and information presented to the court, from 2016 to 2020, Hynson Electrical Services, Inc. employed approximately 13 employees. Beginning in the 3rd quarter of 2018, and continuing through the 4th quarter of 2020, the business withheld employment taxes from its employees’ paychecks, to include federal income taxes, and Medicare and Social Security taxes, but never turned the funds over to the IRS. Additionally, during that time, the company failed to file Employer Quarterly Federal Income Tax Returns with the government.
Acting in her capacity as company bookkeeper, Gail Hynson created W2s for her and her husband for tax years 2017, 2018, and 2020. Information contained on the W2s, and incorporated on their personal joint tax returns, reflected that a total of $18,418 in employment taxes had been withheld from their paychecks and paid to the IRS, when in fact she knew that no money had been paid over to the government.
The case is being prosecuted by Assistant United States Attorney Ly T. Chin.
The matter was investigated by the Internal Revenue Service Criminal Investigation.
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Raytheon Company to Pay over $950M in Connection with Defective Pricing, Foreign Bribery, and Export Control SchemesRead the Press Release
Raytheon Company (Raytheon) — a subsidiary of Arlington, Virginia-based defense contractor RTX (formerly known as Raytheon Technologies Corporation) — will pay over $950 million to resolve the Justice Department’s investigations into: (i) a major government fraud scheme involving defective pricing on certain government contracts and (ii) violations of the Foreign Corrupt Practices Act (FCPA) and the Arms Export Control Act (AECA) and its implementing regulations, the International Traffic in Arms Regulations (ITAR).
Raytheon will enter into a three-year deferred prosecution agreement (DPA) in connection with a criminal information filed today in the District of Massachusetts charging Raytheon with two counts of major fraud against the United States. As part of that resolution, Raytheon admitted to engaging in two separate schemes to defraud the Department of Defense (DOD) in connection with the provision of defense articles and services, including PATRIOT missile systems and a radar system.
Separately, Raytheon entered into a three-year DPA in connection with a criminal information unsealed today in the Eastern District of New York charging Raytheon with two counts: conspiracy to violate the anti-bribery provision of the FCPA for a scheme to bribe a government official in Qatar and conspiracy to violate the AECA for willfully failing to disclose the bribes in export licensing applications with the Department of State as required by part 130 of ITAR.
Both agreements require that Raytheon retain an independent compliance monitor for three years, enhance its internal compliance program, report evidence of additional misconduct to the Justice Department, and cooperate in any ongoing or future criminal investigations.
Raytheon also reached a separate False Claims Act settlement with the department relating to the defective pricing schemes. The Justice Department’s FCPA and ITAR resolution is coordinated with the Securities and Exchange Commission (SEC).
In addition, the Justice Department’s resolutions ensure that the appropriate federal agencies can proceed with determining whether Raytheon or any other individuals or entities associated with the company should be suspended or debarred as federal contractors. Pursuant to the Federal Acquisition Regulations (FAR), when more than one agency has an interest in an entity’s potential suspension or debarment, the FAR requires that the Interagency Suspension and Debarment Committee (ISDC) identify the lead agency for conducting governmentwide suspension or debarment proceedings. In connection with this resolution, the Justice Department has referred Raytheon’s factual admissions to the appropriate officials within the DOD to initiate the process with the ISDC to identify which federal agency will take the lead in such administrative proceedings, which occur independently of the Justice Department’s criminal and civil resolutions.
“Raytheon engaged in criminal schemes to defraud the U.S. government in connection with contracts for critical military systems and to win business through bribery in Qatar,” said Deputy Assistant Attorney General Kevin Driscoll of the Justice Department’s Criminal Division. “Such corrupt and fraudulent conduct, especially by a publicly traded U.S. defense contractor, erodes public trust and harms the DOD, businesses that play by the rules, and American taxpayers. Today’s resolutions, with criminal and civil recoveries totaling nearly $1 billion, reflect the Criminal Division’s ability to tackle the most significant and complex white-collar cases across multiple subject matters.”
“Government contractors have an obligation to be fully transparent about their cost and pricing data when they seek an award of a sole source contract,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to holding accountable those contractors that knowingly misrepresent their cost and pricing data or otherwise violate their legal obligations when negotiating or performing contracts with the United States.”
“International corruption in military and defense sales is a violation of our national security laws as well as an anti-bribery offense,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Raytheon willfully failed to disclose bribes made in connection with contracts that required export licenses. Today’s resolution should serve as a stark warning to companies that violate the law when selling sensitive military technology overseas.”
“Over the course of several years, Raytheon employees bribed a high-level Qatari military official to obtain lucrative defense contracts and concealed the bribe payments by falsifying documents to the government, in violation of laws including those designed to protect our national security,” said U.S. Attorney Breon Peace for the Eastern District of New York. “We will continue to pursue justice against corruption, and as this agreement establishes, enforce meaningful consequences, reforms and monitorship to ensure this misconduct is not repeated.”
“Through deliberate and deceptive actions, Raytheon not only defrauded the U.S. government — it compromised the integrity of our defense procurement process,” said Acting U.S. Attorney Joshua S. Levy for the District of Massachusetts. “Our office is committed to holding accountable those who prioritize profits over national security and clear legal obligations. This case underscores our unwavering commitment to pursuing justice, particularly when taxpayer dollars and DOD operations are at stake. We will continue to work tirelessly with our law enforcement partners to ensure that this type of misconduct is fully exposed and addressed with serious consequences.”
“Investigating procurement fraud impacting DOD contracts is a top priority for the Defense Criminal Investigative Service (DCIS), the law enforcement arm of the DOD Office of Inspector General,” said Inspector General Robert Storch of DOD. “When DOD contractors fail to provide truthful pricing data and overcharge the government, they undermine the integrity of the DOD procurement process and harm critical DOD programs. The DCIS will continue to work with its law enforcement partners and the Justice Department to ensure DOD contractors that engage in defective pricing schemes are held accountable for their actions. The Defense Contract Audit Agency’s (DCAA’s) Operations Investigative Support Division provided valuable expertise during this investigation.”
“The Raytheon Company set out to intentionally defraud the U.S. government,” said Assistant Director Chad Yarbrough of the FBI Criminal Investigative Division (CID). “This agreement highlights the importance of integrity when it comes to government contracting. The FBI, with its law enforcement partners, will continue to investigate these types of crimes that waste taxpayer dollars and prosecute all those who are intent on cooking up these major fraud schemes.”
“Raytheon Corporation engaged in a systematic and deliberate conspiracy that knowingly and willfully violated U.S. fraud and export laws,” said Special Agent in Charge William S. Walker of Homeland Security Investigations (HSI) New York. “Raytheon’s bribery of government officials, specifically those involved in the procurement of U.S. military technology, posed a national security threat to both the United States and its allies. As this investigation reflects, national security continues to be a top priority for HSI New York. The global threats facing the United States have never been greater, and HSI New York is committed to working with our federal and international partners to ensure that sensitive U.S. technologies are not unlawfully and fraudulently acquired.”
The Defective Pricing Case
The Criminal Resolution
According to admissions and court documents filed in the District of Massachusetts, from 2012 through 2013 and again from 2017 through 2018, Raytheon employees provided false and fraudulent information to the DOD during contract negotiations concerning two contracts with the United States for the benefit of a foreign partner — one to purchase PATRIOT missile systems and the other to operate and maintain a radar system. In both instances, Raytheon employees provided false and fraudulent information to DOD in order to mislead DOD into awarding the two contracts at inflated prices. These schemes to defraud caused the DOD to pay Raytheon over $111 million more than Raytheon should have been paid on the contracts.
Under the terms of the DPA, Raytheon will pay a criminal monetary penalty of $146,787,972, pay $111,203,009 in victim compensation, and retain an independent compliance monitor for three years. The Justice Department has agreed to credit the victim compensation amount against restitution Raytheon pays to the Civil Division in its related, parallel False Claims Act proceeding.
Pursuant to the DPA, in addition to the independent compliance monitor, Raytheon and RTX have agreed to continue to implement a compliance and ethics program at Raytheon designed to prevent and detect fraudulent conduct throughout its operations. Raytheon and RTX have also agreed to continue to cooperate with the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the District of Massachusetts in any ongoing or future criminal investigations.
The Justice Department reached this resolution with Raytheon based on a number of factors, including, among others, the nature and seriousness of the offense conduct, which involved two separate schemes to defraud the U.S. government. Raytheon received credit for its affirmative acceptance of responsibility and cooperation with the department’s investigation, which included (i) facilitating interviews with current and former employees; (ii) providing information obtained through its internal investigation, which allowed the department to preserve and obtain evidence as part of its own independent investigation; (iii) making detailed presentations to the department; (iv) proactively identifying key documents in the voluminous materials collected and produced; (v) engaging experts to conduct financial analyses; and (vi) demonstrating its willingness to disclose all relevant facts by analyzing whether the crime-fraud exception applied to certain potentially privileged documents and releasing the documents that it deemed fell within the exception. However, in the initial phases of the investigation prior to March 2022, Raytheon’s cooperation was limited by unreasonably slow document productions.
Raytheon also engaged in timely remedial measures, including (i) terminating certain employees who were responsible for the misconduct; (ii) establishing a broad defective pricing awareness campaign; (iii) developing and implementing policies, procedures, and controls relating to defective pricing compliance; and (iv) engaging additional resources with appropriate expertise to evaluate and test the new policies, procedures, and controls relating to defective pricing compliance.
In light of these considerations, as well as Raytheon’s prior history, the criminal penalty calculated under the U.S. Sentencing Guidelines reflects a 25% reduction off the 10th percentile above the low end of the otherwise applicable guidelines fine range.
The False Claims Act Settlement
Raytheon also entered into a civil False Claims Act settlement to resolve allegations that it provided untruthful certified cost or pricing data when negotiating prices with the DOD for numerous government contracts and double billed on a weapons maintenance contract.
Under the False Claims Act settlement, which is the second largest government procurement fraud recovery under the Act, Raytheon will pay $428 million for knowingly failing to provide truthful certified cost and pricing data during negotiations on numerous government contracts between 2009 and 2020, in violation of the Truth in Negotiations Act (TINA). Congress enacted TINA in 1962 to help level the playing field in sole source contracts — where there is no price competition — by making sure that government negotiators have access to the cost or pricing data that the offeror used when developing its proposal. As part of the settlement, Raytheon admitted that it failed to disclose cost or pricing data, as required by TINA, regarding its labor and material costs to supply weapon systems to DOD.
Raytheon also admitted that by misrepresenting its costs during contract negotiations it overcharged the United States on these contracts and received profits in excess of the negotiated profit rates. Further, Raytheon admitted that it failed to disclose truthful cost or pricing data on a contract to staff a radar station. Raytheon also admitted that it billed the same costs twice on a DOD contract.
As part of the civil resolution, Raytheon received credit under the Justice Department’s guidelines for taking disclosure, cooperation, and remediation into account in False Claims Act cases for cooperation provided by RTX. That cooperation included conducting and disclosing the results of an internal investigation, disclosing relevant facts and material not known to the government but relevant to its investigation, providing the department with inculpatory evidence, conducting a damages analysis, identifying and separating individuals responsible for or involved in the misconduct, admitting liability and accepting responsibility for the misconduct, and improving its compliance programs.
“The Defense Department greatly appreciates the Justice Department’s outstanding efforts culminating in this significant recovery,” said Principal Director of Defense Pricing, Contracting, and Acquisition Policy John Tenaglia of DOD. “The price we pay for equipment and services absolutely matters. The more we pay, the less combat capability we can deliver for our nation’s warfighters. This Justice Department recovery both restores funding that will be used to acquire more capability while also serving as a strong deterrent to all companies that might seek to deny DOD contracting officers the factual information they require to negotiate contracts at fair and reasonable prices.”
The civil settlement includes the resolution of a lawsuit filed under the qui tam or whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The qui tam lawsuit was filed by Karen Atesoglu, a former Raytheon employee, and is captioned United States ex rel. Atesoglu v. Raytheon Technologies Corporation, 21-CV-10690-PBS (DMA). Ms. Atesoglu will receive $4.2 million as her share of the settlement.
The FCPA Case
According to admissions and court documents filed in the Eastern District of New York, between approximately 2012 and 2016, Raytheon, through certain of its employees and agents, engaged in a scheme to bribe a high-level official at the Qatar Emiri Air Force (QEAF), a branch of Qatar’s Armed Forces (QAF) that was primarily responsible for the conduct of air warfare, in order to assist Raytheon in obtaining and retaining business from the QEAF and QAF. Raytheon entered into and made payments on sham subcontracts for air defense operations-related studies in order to corruptly obtain the QEAF official’s assistance in securing certain air defense contracts. Raytheon also entered into a teaming agreement with a Qatari entity in order to corruptly obtain the QEAF official’s assistance in directly awarding a potential contract to Raytheon to build a joint operations center that would interface with Qatar’s several military branches.
Under the terms of the DPA, Raytheon will pay a criminal monetary penalty of $230.4 million, pay forfeiture of $36,696,068, and retain an independent compliance monitor for three years. In addition, as part of the resolution of the SEC’s parallel investigation, Raytheon will pay approximately $49.1 million in disgorgement and prejudgment interest and a civil penalty of $75 million ($22.5 million of which will be credited against the criminal monetary penalty). The Justice Department has agreed to credit approximately $7.4 million of the disgorgement Raytheon pays to the SEC against the criminal forfeiture.
As part of the DPA, Raytheon and RTX have agreed to continue to cooperate with the Criminal Division’s Fraud Section, the National Security Division’s Counterintelligence and Export Control Section, and the U.S. Attorney’s Office for the Eastern District of New York in any ongoing or future criminal investigations. In addition to the independent compliance monitor, Raytheon and RTX have agreed to continue to enhance Raytheon’s compliance program.
The Justice Department reached this resolution with Raytheon based on a number of factors, including, among others, the nature and seriousness of the offense. Raytheon received credit for its affirmative acceptance of responsibility and cooperation with the department’s investigation, which included (i) providing information obtained through its internal investigation, which allowed the government to preserve and obtain evidence as part of its own independent investigation; (ii) facilitating interviews with current and former employees; (iii) making detailed factual presentations to the government; (iv) proactively disclosing certain evidence of which the government was previously unaware and identifying key documents in materials it produced; and (v) engaging experts to conduct financial analyses. However, in the initial phases of the investigation, prior to in or around 2022, Raytheon was at times slow to respond to the government’s requests and failed to provide relevant information in its possession.
Raytheon also engaged in timely remedial measures, including (i) recalibrating third party review and approval processes to lower company risk tolerance; (ii) implementing enhanced controls over sales intermediary payments; (iii) hiring empowered subject matter experts to oversee its anti-corruption compliance program and third party management; (iv) implementing data analytics to improve third party monitoring; and (v) developing a multipronged communications strategy to enhance ethics and compliance training and communications.
In light of these considerations, as well as Raytheon’s prior history, the criminal penalty calculated under the U.S. Sentencing Guidelines reflects a 20% reduction off the 20th percentile above the low end of the otherwise applicable guidelines fine range.
The ITAR Case
According to admissions and court documents filed in the Eastern District of New York, between approximately 2012 and 2016, Raytheon, through certain of its employees and agents, engaged in a scheme to willfully violate the AECA and ITAR Part 130 by failing to disclose to the State Department, Directorate of Defense Trade Controls, fees and commissions paid in connection with two Qatar-related contracts — specifically, the bribes Raytheon paid to the high-level QEAF official through sham subcontracts.
The Justice Department reached this resolution with Raytheon based on a number of factors, including, among others, the nature and seriousness of the offense. Raytheon received credit for its cooperation with the department’s investigation, which included (i) gathering evidence of interest to the government and proactively identifying key documents related to willful ITAR-related misconduct; (ii) making factual presentations concerning the ITAR-related misconduct; and (iii) facilitating witness interviews and expediting the government’s ability to meet with witnesses. Raytheon did not receive full credit for its cooperation because in the initial phase of the investigation, before the National Security Division joined the investigation, it failed to provide information relevant to the ITAR violations beyond what was requested in the FCPA investigation.
Raytheon also received credit for remediation, which included, in addition to the remediation described above in connection with the FCPA case, (i) hiring additional empowered subject matter experts in legal and compliance; (ii) developing a multipronged communications strategy to enhance ethics and compliance training and communications; and (iii) making enhancements to its ITAR-related compliance program.
In light of these considerations, the ITAR-related financial penalty of $21,904,850 includes a cooperation and remediation credit of 20% off the otherwise applicable penalty.
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DCIS, Army Criminal Investigation Division, FBI, and Air Force Office of Special Investigations are investigating the criminal defective pricing case. Senior Auditor Glen Hughes from DCAA’s Office of Investigative Support Division assisted in the civil investigation of the False Claims Act Matter. HSI and the FBI’s International Corruption Unit are investigating the FCPA and ITAR case. The Justice Department’s Office of International Affairs assisted in the investigation for the FCPA and ITAR case.
Assistant Chief Kyle Hankey, Acting Assistant Chief Laura Connelly, and Trial Attorney Tamara Livshiz of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Brian LaMacchia and Benjamin Saltzman for the District of Massachusetts are prosecuting the criminal defective pricing case.
Attorneys Art J. Coulter, Patrick Klein, and Jared S. Wiesner of the Civil Division’s Commercial Litigation Branch, Fraud Section, and Assistant U.S. Attorney Brian LaMacchia for the District of Massachusetts are prosecuting the False Claims Act matter.
Acting Assistant Chief Katherine Raut and Trial Attorney Elina A. Rubin-Smith of the Criminal Division’s Fraud Section, Trial Attorneys Christine Bonomo and Leslie Esbrook of the National Security Division’s Counterintelligence and Export Control Section, and Assistant U.S. Attorneys David Pitluck, Hiral Mehta, and Jessica Weigel for the Eastern District of New York are prosecuting the FCPA and ITAR case.
The Justice Department also expresses its appreciation for the assistance provided by the State Department and the legal offices of the Army, Air Force, Defense Logistics Agency, Defense Contract Management Agency, and Department of Navy.
The Criminal Division’s Fraud Section is responsible for investigating and prosecuting FCPA and Foreign Extortion Prevention Act matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal-fraud/foreign-corrupt-practices-act.
View the Executed Civil False Claims Act Settlement Agreement here.
Raytheon Company to Pay over $950 Million in Connection with Foreign Bribery, Export Control and Defective Pricing SchemesRead the Press Release
BROOKLYN, NY – Raytheon Company (Raytheon), a subsidiary of Arlington, Virginia-based defense contractor RTX (formerly known as Raytheon Technologies Corporation), entered into a three-year deferred prosecution agreement (DPA) with the Department of Justice in connection with a criminal information unsealed today in the Eastern District of New York charging Raytheon with two counts: conspiracy to violate the anti-bribery provision of the Foreign Corrupt Practices Act (FCPA) for engaging in a scheme to bribe a government official in Qatar and conspiracy to violate the Arms Export Control Act (AECA) by willfully failing to disclose the bribes in export licensing applications with the Department of State.
Separately, Raytheon will enter into a three-year deferred prosecution agreement (DPA) in connection with a criminal information filed today in the District of Massachusetts charging Raytheon with two counts of major fraud against the United States. As part of that resolution, Raytheon admitted to engaging in two separate schemes to defraud the Department of Defense (DOD) in connection with the provision of defense articles and services, including PATRIOT missile systems and a radar system.
Both agreements require that Raytheon retain an independent compliance monitor for three years, enhance its internal compliance program, report evidence of additional misconduct to the Justice Department, and cooperate in any ongoing or future criminal investigations.
Raytheon also reached a separate False Claims Act settlement with the department relating to the defective pricing schemes. The Justice Department’s FCPA and ITAR resolution is coordinated with the Securities and Exchange Commission (SEC).
In addition, the Justice Department’s resolutions ensure that the appropriate federal agencies can proceed with determining whether Raytheon or any other individuals or entities associated with the company should be suspended or debarred as federal contractors. Pursuant to the Federal Acquisition Regulations (FAR), when more than one agency has an interest in an entity’s potential suspension or debarment, the FAR requires that the Interagency Suspension and Debarment Committee (ISDC) identify the lead agency for conducting government-wide suspension or debarment proceedings. In connection with this resolution, the Justice Department has referred Raytheon’s factual admissions to the appropriate officials within the Department of Defense to initiate the process with the ISDC to identify which federal agency will take the lead in such administrative proceedings, which occur independently of the Justice Department’s criminal and civil resolutions.
Breon Peace, United States Attorney for the Eastern District of New York; Kevin Driscoll, Deputy Assistant Attorney General Kevin Driscoll of the Justice Department’s Criminal Division; Matthew G. Olsen, Assistant Attorney General for the Justice Department’s National Security Division; Chad Yarbrough, Assistant Director, Criminal Investigative Division, Federal Bureau of Investigation (FBI) and William S. Walker, Special Agent in Charge, U.S. Department of Homeland Security, Homeland Security Investigations (HSI), New York, announced the resolution.
“Over the course of several years, Raytheon employees bribed a high-level Qatari military official to obtain lucrative defense contracts and concealed the bribe payments by falsifying documents to the government, in violation of laws including those designed to protect our national security,” stated United States Attorney Peace. “We will continue to pursue justice against corruption, and as this agreement establishes, enforce meaningful consequences, reforms and monitorship to ensure this misconduct is not repeated.”
Mr. Peace expressed his appreciation to the Securities and Exchange Commission (SEC) and the U.S. Department of State for their work on the case.
“Raytheon engaged in criminal schemes to defraud the U.S. government in connection with contracts for critical military systems and to win business through bribery in Qatar,” stated Deputy Assistant Attorney General Driscoll. “Such corrupt and fraudulent conduct, especially by a publicly traded U.S. defense contractor, erodes public trust and harms the Department of Defense, businesses that play by the rules, and American taxpayers. Today’s resolutions, with criminal and civil penalties totaling nearly $1 billion, reflect the Criminal Division’s ability to tackle the most significant and complex white-collar cases across multiple subject matters.”
“International corruption in military and defense sales is a violation of our national security laws as well as an anti-bribery offense,” stated Assistant Attorney General Olsen. “Raytheon willfully failed to disclose bribes made in connection with contracts that required export licenses. Today’s resolution should serve as a stark warning to companies that violate the law when selling sensitive military technology overseas.”
“The Raytheon Company set out to intentionally defraud the U.S. government,” stated FBI Assistant Director Yarbrough. “This agreement highlights the importance of integrity when it comes to government contracting. The FBI, with its law enforcement partners, will continue to investigate these types of crimes that waste taxpayer dollars and prosecute all those who are intent on cooking up these major fraud schemes.”
“Raytheon Corporation engaged in a systematic and deliberate conspiracy that knowingly and willfully violated U.S. fraud and export laws,” stated HSI New York Special Agent in Charge Walker. “Raytheon’s bribery of government officials, specifically those involved in the procurement of U.S. military technology, posed a national security threat to both the U.S. and its allies. As this investigation reflects, national security continues to be a top priority for HSI New York. The global threats facing the U.S. have never been greater, and HSI New York is committed to working with our federal and international partners to assure sensitive U.S. technologies are not unlawfully and fraudulently acquired.”
The FCPA Case
According to admissions and court documents filed in the Eastern District of New York, between approximately 2012 and 2016, Raytheon, through certain of its employees and agents, engaged in a scheme to bribe a high-level official at the Qatar Emiri Air Force (QEAF), a branch of Qatar’s Armed Forces (QAF) that was primarily responsible for the conduct of air warfare, to assist Raytheon in obtaining and retaining business from the QEAF and QAF. Raytheon entered into and made payments on sham contracts for air defense operations-related studies to corruptly obtain the Qatari official’s assistance in securing certain air defense contracts. Raytheon also entered into a teaming agreement with a Qatari entity to corruptly obtain the Qatari official’s assistance in directly awarding a contract to Raytheon, without a competitive bid, to build a joint operations center that would interface with Qatar’s several military branches.
Under the terms of the DPA, Raytheon will pay a criminal monetary penalty of over $252.3 million, criminal forfeiture of over $36.6 million and retain an independent compliance monitor for three years. In addition, as part of the resolution of the SEC’s parallel investigation, Raytheon will pay approximately $49.1 million in disgorgement and prejudgment interest and a civil penalty of $75 million, $22.5 million of which will be credited against the criminal monetary penalty. The Department has agreed to credit approximately $7.4 million of the disgorgement Raytheon pays to the SEC against the criminal forfeiture.
As part of the DPA, Raytheon and RTX have agreed to continue to cooperate with the U.S. Attorney’s Office for the Eastern District of New York, the Criminal Division’s Fraud Section and the National Security Division’s Counterintelligence and Export Control Section in any ongoing or future criminal investigations relating to this and other conduct. In addition, Raytheon and RTX have agreed to continue to enhance Raytheon’s compliance program.
The Department reached this resolution with Raytheon based on a number of factors, including, among others, the nature and seriousness of the offense. Raytheon received credit for its cooperation with the Department’s investigation, which included:
- Providing information obtained through its internal investigation, which allowed the government to preserve and obtain evidence as part of its own independent investigation;
- Facilitating interviews with current and former employees;
- Making detailed factual presentations to the government;
- Proactively disclosing certain evidence of which the government was previously unaware and identifying key documents in materials it produced; and
- Engaging experts to conduct financial analyses.
Raytheon also engaged in timely remedial measures, including:
- Recalibrating third party review and approval processes to lower company risk tolerance;
- Implementing enhanced controls over sales intermediary payments;
- Hiring empowered subject matter experts to oversee its anti-corruption compliance program and third party management;
- Implementing data analytics to improve third party monitoring; and
- Developing a multipronged communications strategy to enhance ethics and compliance training and communications.
However, in determining the appropriate cooperation credit, the government also took into account the fact that, in the initial phases of the investigation, prior to in or around 2022, Raytheon was at times slow to respond to the government’s requests and failed to provide relevant information in its possession; for example, Raytheon withheld relevant, material information from the government and gave incomplete and misleading presentations regarding the nature and scope of a relevant third-party intermediary relationship.
In light of these considerations, as well as Raytheon’s prior history, which includes three prior civil or regulatory enforcement actions: (i) a 2013 consent agreement with the U.S. State Department concerning civil ITAR and Arms Export Control Act violations, in connection with which Raytheon agreed to hire an independent special compliance officer to oversee the four-year consent decree while at the same time engaging in the conduct described in the DPA; (ii) a civil settlement with the Environmental Protection Agency in 2007 concerning payments to clean up contamination sites; and (iii) a resolution with the SEC in 2006 concerning false and misleading disclosures and improper accounting practices, the criminal penalty calculated under the U.S. Sentencing Guidelines reflects a 20% reduction off the twentieth percentile above the low end of the otherwise applicable Guidelines fine range.
The ITAR Case
According to admissions and court documents filed in the Eastern District of New York, between approximately 2012 and 2016, Raytheon, through certain of its employees and agents, engaged in a scheme to willfully violate the AECA and ITAR Part 130 by failing to disclose to the United States Department of State, Directorate of Defense Trade Controls, fees and commissions paid in connection with two Qatar-related contracts – specifically, the bribes Raytheon paid to the high-level QEAF official through sham subcontracts.
The Department reached this resolution with Raytheon based on a number of factors, including, among others, the nature and seriousness of the offense. Raytheon received credit for its cooperation with the Department’s investigation, which included:
- Gathering evidence of interest to the government and proactively identifying key documents related to willful ITAR-related misconduct;
- Making factual presentations concerning the ITAR-related misconduct; and
- Facilitating witness interviews and expediting the government’s ability to meet with witnesses.
Raytheon also received credit for remediation, which included, in addition to the remediation described above in connection with the FCPA case:
- Hiring additional empowered subject matter experts in legal and compliance;
- Developing a multipronged communications strategy to enhance ethics and compliance training and communications; and
- Making enhancements to its ITAR-related compliance program.
Raytheon did not receive full credit for its cooperation because in the initial phase of the investigation, it failed to provide information relevant to the ITAR violations beyond what was requested in the FCPA investigation.
In light of these considerations, the ITAR-related financial penalty of $21,904,850 includes a cooperation and remediation credit of 20 percent off the otherwise applicable penalty.
The Defective Pricing Case
According to admissions and court documents filed in the District of Massachusetts, from 2012 through 2013 and again from 2017 through 2018, Raytheon employees provided false and fraudulent information to the DOD during contract negotiations concerning two contracts with the United States for the benefit of a foreign partner — one to purchase PATRIOT missile systems and the other to operate and maintain a radar system. In both instances, Raytheon employees provided false and fraudulent information to DOD in order to mislead DOD into awarding the two contracts at inflated prices. These schemes to defraud caused the DOD to pay Raytheon over $111 million more than Raytheon should have been paid on the contracts.
Under the terms of the DPA, Raytheon will pay a criminal monetary penalty of $146,787,972, pay $111,203,009in victim compensation, and retain an independent compliance monitor for three years. The Justice Department has agreed to credit the victim compensation amount against restitution Raytheon pays to the Civil Division in its related, parallel False Claims Act proceeding.
Pursuant to the DPA, in addition to the independent compliance monitor, Raytheon and RTX have agreed to continue to implement a compliance and ethics program at Raytheon designed to prevent and detect fraudulent conduct throughout its operations. Raytheon and RTX have also agreed to continue to cooperate with the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the District of Massachusetts in any ongoing or future criminal investigations.
The Justice Department reached this resolution with Raytheon based on a number of factors, including, among others, the nature and seriousness of the offense conduct, which involved two separate schemes to defraud the U.S. government. Raytheon received credit for its affirmative acceptance of responsibility and cooperation with the department’s investigation, which included (i) facilitating interviews with current and former employees; (ii) providing information obtained through its internal investigation, which allowed the department to preserve and obtain evidence as part of its own independent investigation; (iii) making detailed presentations to the department; (iv) proactively identifying key documents in the voluminous materials collected and produced; (v) engaging experts to conduct financial analyses; and (vi) demonstrating its willingness to disclose all relevant facts by analyzing whether the crime-fraud exception applied to certain potentially privileged documents and releasing the documents that it deemed fell within the exception. However, in the initial phases of the investigation prior to March 2022, Raytheon’s cooperation was limited by unreasonably slow document productions.
Raytheon also engaged in timely remedial measures, including (i) terminating certain employees who were responsible for the misconduct; (ii) establishing a broad defective pricing awareness campaign; (iii) developing and implementing policies, procedures, and controls relating to defective pricing compliance; and (iv) engaging additional resources with appropriate expertise to evaluate and test the new policies, procedures, and controls relating to defective pricing compliance.
In light of these considerations, as well as Raytheon’s prior history, the criminal penalty calculated under the U.S. Sentencing Guidelines reflects a 25% reduction off the tenth percentile above the low end of the otherwise applicable guidelines fine range.
The False Claims Act Settlement
Raytheon also entered into a civil False Claims Act settlement to resolve allegations that it provided untruthful certified cost or pricing data when negotiating prices with the DOD for numerous government contracts and double billed on a weapons maintenance contract.
Under the False Claims Act settlement, which is the second largest government procurement fraud recovery under the Act, Raytheon will pay $428 million for knowingly failing to provide truthful certified cost and pricing data during negotiations on numerous government contracts between 2009 and 2020, in violation of the Truth in Negotiations Act (TINA). Congress enacted TINA in 1962 to help level the playing field in sole source contracts — where there is no price competition — by making sure that government negotiators have access to the cost or pricing data that the offeror used when developing its proposal. As part of the settlement, Raytheon admitted that it failed to disclose cost or pricing data, as required by TINA, regarding its labor and material costs to supply weapon systems to DOD.
Raytheon also admitted that by misrepresenting its costs during contract negotiations it overcharged the United States on these contracts and received profits in excess of the negotiated profit rates. Further, Raytheon admitted that it failed to disclose truthful cost or pricing data on a contract to staff a radar station. Raytheon also admitted that it billed the same costs twice on a DOD contract.As part of the civil resolution, Raytheon received credit under the Justice Department’s guidelines for taking disclosure, cooperation, and remediation into account in False Claims Act cases for cooperation provided by RTX. That cooperation included conducting and disclosing the results of an internal investigation, disclosing relevant facts and material not known to the government but relevant to its investigation, providing the department with inculpatory evidence, conducting a damages analysis, identifying and separating individuals responsible for or involved in the misconduct, admitting liability and accepting responsibility for the misconduct, and improving its compliance programs.
The civil settlement includes the resolution of a lawsuit filed under the qui tam or whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The qui tam lawsuit was filed by Karen Atesoglu, a former Raytheon employee, and is captioned United States ex rel. Atesoglu v. Raytheon Technologies Corporation, 21-CV-10690-PBS (D. Mass.). Ms. Atesoglu will receive $4.2 million as her share of the settlement.
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In July 2022, Mr. Peace was selected as the Chairperson of the White Collar Fraud subcommittee for the Attorney General’s Advisory Committee (AGAC). As the leader of the subcommittee, Mr. Peace plays a key role in making recommendations to the AGAC to facilitate the prevention, investigation and prosecution of various financially motivated, non-violent crimes including the FCPA.
The FCPA and ITAR investigation was conducted by HSI and the FBI’s International Corruption Unit. The government’s case is being handled by the Office’s Business and Securities Fraud Section, the Criminal Division’s Fraud Section and the National Security Division’s Counterintelligence and Export Control Section. Assistant United States Attorneys David Pitluck, Hiral Mehta and Jessica Weigel are prosecuting the case with Acting Assistant Chief Katherine Raut and Trial Attorney Elina A. Rubin-Smith of the Fraud Section, and Trial Attorneys Christine Bonomo and Leslie Esbrook of the Counterintelligence and Export Control Section, with assistance from Eastern District of New York Paralegal Specialist Liam McNett.
The Defendant:
THE RAYTHEON COMPANY
Waltham, MassachusettsE.D.N.Y. Docket No.: 24-CR-399 (RER)
Raytheon Agrees to Pay over $950 Million in Connection with Defective Pricing, Foreign Bribery and Export Control SchemesRead the Press Release
BOSTON – Raytheon Company (Raytheon), a subsidiary of RTX (formerly Raytheon Technologies Corporation) in Arlington, Va., has agreed to pay over $950 million to resolve the government’s investigations into a major government fraud scheme involving defective pricing on certain government contracts and violations of the Foreign Corrupt Practices Act (FCPA) and the Arms Export Control Act (AECA) and its implementing regulations, the International Traffic in Arms Regulations (ITAR).
The U.S. Attorney’s Office in Massachusetts announced today that Raytheon will pay over $574 million to resolve criminal civil liability for overcharging government contracts. Raytheon has entered into a three-year deferred prosecution agreement (DPA) in connection with a criminal Information filed today in the District of Massachusetts charging Raytheon with two counts of major fraud against the United States. Raytheon has agreed to pay $147 million to resolve the criminal allegations. Today’s settlement with the District of Massachusetts also resolves civil allegations that Raytheon provided untruthful certified cost or pricing data when negotiating prices with the DOD for numerous government contracts and double billed DOD on a weapons maintenance contract. Raytheon has agreed to pay $428 million, the second largest government procurement fraud recovery under the False Claims Act, to resolve the civil allegations. Under both resolutions, Raytheon will pay a total of $574.7 million. Under the terms of the DPA, Raytheon will pay $146.7 million in a criminal monetary penalty, $111.2 million in victim compensation and retain an independent compliance monitor for three years.
Separately, Raytheon entered into a three-year DPA in connection with a criminal information unsealed today in the Eastern District of New York charging Raytheon with two counts: conspiracy to violate the anti-bribery provision of the FCPA for a scheme to bribe a government official in Qatar and conspiracy to violate the AECA for willfully failing to disclose the bribes in export licensing applications with the Department of State as required by Part 130 of ITAR.
The agreements in Boston the District of Massachusetts and the Eastern District of New York require that Raytheon retain an independent compliance monitor for three years, enhance its internal compliance program, report evidence of additional misconduct to the Justice Department, and cooperate in any ongoing or future criminal investigations.
Raytheon also reached a separate False Claims Act settlement with the department relating to the defective pricing schemes. The Justice Department’s FCPA and ITAR resolution is coordinated with the Securities and Exchange Commission (SEC).
In addition, the Justice Department’s resolutions ensure that the appropriate federal agencies can proceed with determining whether Raytheon or any other individuals or entities associated with the company should be suspended or debarred as federal contractors. Pursuant to the Federal Acquisition Regulations (FAR), when more than one agency has an interest in an entity’s potential suspension or debarment, the FAR requires that the Interagency Suspension and Debarment Committee (ISDC) identify the lead agency for conducting governmentwide suspension or debarment proceedings. In connection with this resolution, the Justice Department has referred Raytheon’s factual admissions to the appropriate officials within the DOD to initiate the process with the ISDC to identify which federal agency will take the lead in such administrative proceedings, which occur independently of the Justice Department’s criminal and civil resolutions.
“Through deliberate and deceptive actions, Raytheon not only defrauded the U.S. government – it compromised the integrity of our defense procurement process,” said Acting United States Attorney Joshua S. Levy. “Our office is committed to holding accountable those who prioritize profits over national security and clear legal obligations. This case underscores our unwavering commitment to pursuing justice, particularly when taxpayer dollars and DOD operations are at stake. We will continue to work tirelessly with our law enforcement partners to ensure that this type of misconduct is fully exposed and addressed with serious consequences.”
“Raytheon engaged in criminal schemes to defraud the U.S. government in connection with contracts for critical military systems and to win business through bribery in Qatar,” said Deputy Assistant Attorney General Kevin Driscoll of the Justice Department’s Criminal Division. “Such corrupt and fraudulent conduct, especially by a publicly traded U.S. defense contractor, erodes public trust and harms the Department of Defense, businesses that play by the rules, and American taxpayers. Today’s resolutions, with criminal and civil penalties totaling nearly $1 billion, reflect the Criminal Division’s ability to tackle the most significant and complex white-collar cases across multiple subject matters.”
“Government contractors have an obligation to be fully transparent about their cost and pricing data when they seek an award of a sole source contract,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department will use all available tools to hold accountable contractors that knowingly provide inflated pricing information or otherwise violate their legal obligations when negotiating or performing contracts with the United States.”
“Investigating procurement fraud impacting DOD contracts is a top priority for the Defense Criminal Investigative Service (DCIS), the law enforcement arm of the DOD Office of Inspector General,” said Inspector General Robert Storch for the Department of Defense. “When DOD contractors fail to provide truthful pricing data and overcharge the government, they undermine the integrity of the DOD procurement process and harm critical DOD programs. The DCIS will continue to work with its law enforcement partners and the Department of Justice to ensure DOD contractors that engage in defective pricing schemes are held accountable for their actions. The Defense Contract Audit Agency's Operations Investigative Support Division provided valuable expertise during this investigation.”
“We rely on private contractors to help build our unparalleled defense technology, not to pull the wool over our eyes by convincing the government to shell out tens of millions more than what their technology is actually worth,” said Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation (FBI) Boston Division. “Today’s settlement holds Raytheon both criminally and financially responsible for doing just that, using fraud and deceit to gouge American taxpayers to boost its company’s bottom line. The FBI and our partners will not hesitate to investigate any entity that sets out to undermine the principles of fair and free competition to defraud the federal government and waste precious tax dollars.”
“This recovery exemplifies the commitment of the Department of the Army Criminal Investigation Division to ensure that contracts supporting our warfighters are executed effectively and fairly, guaranteeing our armed forces remain unmatched in capability and lethality,” said Special Agent-in-Charge Keith K. Kelly, Department of the Army Criminal Investigation Division’s (CID) Fraud Field Office. “Army CID applauds the efforts of our partners in this investigation and recovery. We will continue to work tirelessly to defend our defense procurement enterprise against any party which would seek financial advantage to the detriment of our men and women in uniform.”
“Any attempt to defraud the government also degrades our military’s ability to invest in the capabilities needed to protect our nation,” said Special Agent Jason Hein of the Air Force Office of Special Investigations (AFOSI) Director of Procurement Fraud. “The AFOSI procurement fraud team is committed to working with our partners to protect the procurement process and the government funds entrusted to the Department of the Air Force.”
According to admissions and court documents filed in the District of Massachusetts, Raytheon employees provided false and misleading information to the DOD during contract negotiations concerning two contracts with the United States for the benefit of a foreign partner, one to purchase PATRIOT missile systems and the other to operate and maintain a radar station. In both instances, Raytheon employees provided false and deceptive information to DOD in order to mislead DOD into awarding the two contracts at inflated prices. These schemes to defraud caused the DOD to pay Raytheon $111.2 million more than Raytheon should have been paid on the contracts.
Raytheon cooperated with the investigation and engaged in remedial measures, including, terminating employees who remained at the company that were responsible for the misconduct; establishing a broad defective pricing awareness campaign; developing and implementing policies, procedures and controls relating to defective pricing compliance; and engaging additional resources with appropriate expertise to evaluate and test the new policies, procedures and controls relating to defective pricing compliance.
Pursuant to the DPA, Raytheon has also agreed to retain an independent compliance monitor for a period of three years, and Raytheon and RTX have agreed to continue to implement a compliance and ethics program at Raytheon designed to prevent and detect fraudulent conduct throughout its operations. Raytheon and RTX also agreed to continue to cooperate with the Department of Justice in any ongoing or future criminal investigations by the Criminal Division’s Fraud Section or the U.S. Attorney’s Office for the District of Massachusetts.
Under the False Claims Act settlement Raytheon will pay $428 million for knowingly failing to provide truthful certified cost and pricing data during negotiations on numerous government contracts between 2009 and 2020, in violation of the Truth in Negotiations Act (TINA). Congress enacted TINA in 1962 to help level the playing field in sole source contracts, where there is no price competition, by making sure that government negotiators have access to the cost or pricing data that the offeror used when developing its proposal. As part of the settlement, Raytheon admitted that it failed to disclose cost or pricing data, as required by TINA, regarding its labor and material costs to supply weapons systems to DOD, and that it failed to disclose cost or pricing data, as required by TINA, regarding its labor costs to staff a radar station. As a result, Raytheon overcharged the United States and received profits in excess of the negotiated profit rates. Raytheon also admitted it billed the same costs twice on a maintenance contract for the DOD.The DOD’s Principal Director of Defense Pricing, Contracting, and Acquisition Policy, Mr. John Tenaglia said, “The Defense Department greatly appreciates DOJ’s outstanding efforts culminating in this significant recovery. The price we pay for equipment and services absolutely matters. The more we pay, the less combat capability we can deliver for our nation’s warfighters. This DOJ recovery both restores funding that will be used to acquire more capability while also serving as a strong deterrent to all companies that might seek to deny DOD contracting officers with factual information they require to negotiate contracts at fair and reasonable prices.”
“During the course of a Truth in Negotiations audit, DCAA’s auditors found indicators of suspected irregular conduct and elevated these concerns to the Department of Defense Inspector General and the Department of Justice. DCAA’s Investigative Support team assisted on the case and provided valuable insight into the calculations of the damages to the Government. Preventing fraud and ensuring a fair and reasonable price for products is everyone’s job and DCAA is a valuable member of the team required to investigate and prosecute those who seek to defraud the government,” said Terri L. Dilly, Director, Defense Contract Audit Agency (DCAA).
The civil settlement includes a resolution of a lawsuit filed under the qui tam or whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the Government’s recovery. The qui tam lawsuit was filed by a former Raytheon employee, and is captioned United States ex rel. Atesoglu v. v. Raytheon Technologies Corporation, 21-CV-10690-PBS (D. Mass.). The whistleblower will receive $4.2 million as her share of the settlement.
The criminal case is being prosecuted by Assistant U.S. Attorneys Brian LaMacchia and Benjamin Saltzman of the District of Massachusetts and Assistant Chief Kyle Hankey, Acting Assistant Chief Laura Connelly and Trial Attorney Tamara Livshiz of the Criminal Division’s Fraud Section. The case was investigated by DCIS, Army-CID, FBI and Air Force OSI.
The civil investigation was handled by Assistant U.S. Attorney Brian LaMacchia of the District of Massachusetts, along with Trial Attorneys Art J. Coulter, Patrick Klein and Jared S. Wiesner of the Civil Division’s Commercial Litigation Branch, Fraud Section.
Press Release by U.S. Attorney Relating to November 2024 General ElectionRead the Press Release
KNOXVILLE, Tenn. – The United States Attorney’s Office announced today that Assistant United States Attorney (AUSA) Mac D. Heavener, III will lead the efforts of the Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, election. AUSA Heavener has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Tennessee, and in that capacity is responsible for overseeing the Office’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (865) 544-0751.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election,” said United States Attorney Francis M. Hamilton III. “Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process. AUSA/DEO Mac Heavener will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers: (423) 823-5009 or (423) 218-6652.”
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
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