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Monday 19 August 2024
California Man Pleads Guilty to Illegally Possessing a FirearmRead the Press Release
PORTLAND, Maine: A California man pleaded guilty today in U.S. District Court in Portland to possession of a firearm by a convicted felon.
According to court records, in March 2022, Lonnel Diggs (aka “Cash,” “Cashiioso Runzitup”), 40, of Van Nuys, Calif. and a co-conspirator proposed to a couple who purchased crack cocaine from Diggs that they purchase firearms in exchange for cash and crack cocaine. The couple agreed to make straw purchases and began traveling to gun shows and gun stores in Maine on the men’s behalf. At one of the gun shows, Diggs took photos of firearms and texted the images to the couple, who then made the purchases and provided him with the firearms.
Diggs was convicted in California for robbery in 2003 and for assault with a dangerous weapon on a peace officer in 2010 and is therefore precluded from possessing any firearms. He faces up to 10 years imprisonment and a maximum fine of $250,000. Any sentence would be followed by up to three years of supervised release. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case with assistance from the Lewiston Police Department.
STRAW PURCHASING: A straw purchase is an illegal firearm purchase where the actual buyer of the gun, being unable to pass the required federal background check or desiring to not have his or her name associated with the transaction, uses a proxy buyer who can pass the required background check to purchase the firearm for him/her.
Project Safe Neighborhoods: 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 Childhood, visit https://www.justice.gov/usao-me/psn.
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Businessman Sentenced to 18 Months in Federal Prison for False Income Tax ReturnRead the Press Release
DES MOINES, Iowa – A businessman, formerly of Adel, was sentenced yesterday to 18 months in federal prison for filing a false income tax return.
According to public court documents, Mark Francis Davidson, 66, is the majority shareholder of a company called Collegiate Concepts, Inc., which rents dorm minifridges to colleges and college students across the United States. Beginning in 2015 and continuing until 2021, Davidson diverted over $3.8 million from the corporation to himself and failed to report this income to the Internal Revenue Service. Davidson concealed these payments from the corporation’s accountant and tax preparer by providing falsified check ledgers that falsely identified checks from the corporation to Davidson as seemingly legitimate business expenses.
After completing his term of imprisonment, Davison will be on supervised release for one year. There is no parole in the federal system. Davidson was also ordered to pay $1,449,620 in restitution to the Internal Revenue Service and a fine of $20,000.
“A prison sentence should send a message to anyone who consistently underreports their income each year that it’s just a matter of time before they land on the radar of IRS Criminal Investigation (CI), and the U.S. Attorney’s Office,” said Special Agent in Charge Thomas F. Murdock of CI’s St. Louis Field Office. “We strive to ensure the integrity and fairness of the nation’s tax code, so all taxpayers pay their fair share.”
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was investigated by IRS Criminal Investigation.
Brooklyn Man Charged with Sex Trafficking and Interstate Prostitution of Multiple Victims at the "Penn Track" in East New YorkRead the Press Release
Earlier today, an indictment was unsealed in federal court in Brooklyn, charging Ferron Facey, also known as “Azul,” “Blue,” “Royal” and “Royal Da P,” with two counts of sex trafficking and one count of interstate prostitution for bringing young women from out of state to the Eastern District of New York to prostitute under threat of force, fraud and coercion. Facey was arrested earlier today in Brooklyn and made his initial appearance this afternoon before United States Magistrate Judge Peggy Kuo where he was ordered detained.
Breon Peace, United States Attorney for the Eastern District of New York and Christie M. Curtis, Acting Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the arrest and charges.
“As alleged, the defendant trafficked women from out of state, including a minor, to serve as commercial sex workers for him at the notorious Penn Track in East New York, Brooklyn,” stated United States Attorney Peace. “My Office is working diligently with our local and federal law enforcement partners to shut down this blight on our district where vulnerable victims are callously exploited by people like the defendant and the customers who patronize this location.”
“Ferron Facey allegedly coerced two young women, including a minor, to travel to New York where he subsequently trafficked them for sex under threats of violence. The defendant’s violent history and alleged actions not only pose a grave danger to the community, but also to potential victims out of state, as his depravity knows no bounds. With the assistance from our law enforcement partners, the FBI is determined to dismantle sex trafficking operations in our city and apprehend the criminals who exploit their victims for profits,” stated FBI Acting Assistant Director in Charge Curtis.
According to court filings, Facey allegedly recruited young women – including at least one 16-year-old minor – in another state and brought them to New York to work for him in prostitution at an open-air sex market in East New York, Brooklyn, known as the “Penn Track” or “blade.” Facey used violence, coercion and threats of force to exert control over these victims and to keep them working in prostitution for him. Facey has a history of threatening violence against women on the Penn Track. For example, in a video posted on social media in July 2023, he was captured verbally assaulting a woman on the Penn Track and saying, “I got hoes out here that’ll beat you up right now . . . I put hands on bitches[.]” Shortly afterward, two individuals emerged from the defendant’s car and physically attacked the woman.
During his arrest and execution of a search warrant discovered an unloaded 9-millimeter handgun in the bedroom, an unloaded magazine kicked under the kitchen cabinets, multiple rounds of live 9-millimeter ammunition hidden in an air fryer in the kitchen, and a brown, powdery substance consistent with cocaine spilled onto the floor of the bathroom, the toilet seat, and in the toilet. Near the apparent contraband narcotics were approximately 200 glassines, or wax paper bags used in drug sales to package narcotics for individual sale. Nearly $3,000 in $100, $50 and 20$ bills was found in an elastic behind the bed in the bedroom.
If convicted of sex trafficking by force, fraud and coercion, the defendant faces a mandatory minimum sentence of 15 years’ imprisonment. The interstate prostitution charge carries a maximum sentence of 20 years in prison.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s Civil Rights Section. Assistant United States Attorney Margaret Schierberl is in charge of the prosecution.
The Defendant:
FERRON FACEY (also known as “Azul,” “Blue,” “Royal” and “Royal Da P”)
Age: 38
Brooklyn, New YorkE.D.N.Y. Docket No. 24-CR-339 (AMD)
Baton Rouge Man Sentenced to 75 Months in Federal Prison for Interference with Commerce by RobberyRead the Press Release
United States Attorney Ronald C. Gathe, Jr., announced that U.S. District Judge Brian A. Jackson sentenced Tyler Dunn, age 23, of Baton Rouge, Louisiana, to 75 months in federal prison following his conviction for interference with commerce by robbery. In addition to the term of imprisonment, the Court further sentenced Dunn to serve three years of supervised release.
According to admissions made as part of his guilty plea, on or about November 17, 2019, four masked and armed men, one of which was Dunn, entered the Dollar General store on 4755 Prescott Drive in Baton Rouge, Louisiana. The four robbers all brandished handguns. In the store, one robber walked up to a Dollar General cashier and pointed his handgun at the cashier. That robber then jumped over the register and, unlawfully and against their will, took money from the safe while directly in the presence of a Dollar General employee. During the robbery, Dunn forced an employee to move from the back of the store to the front of store while pointing a handgun at her. The robbers obtained approximately $7,000 from Dollar General.
On or about November 21, 2019, four robbers, which included Dunn, approached two employees of the Dollar General store located at 6365 Scenic Hwy as they stood outside the front door getting ready to lock the security gate. All robbers were wearing masks and armed with guns. The robbers, brandishing their guns, forced the two employees to open the door and enter the store. One robber ordered an employee to the back of the store while pointing a handgun at him and had the employee turn off an alarm. While in the presence of the robbers, an employee, against her will, removed approximately $1,200 from a safe and provided it to the robbers.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and was prosecuted by Assistant United States Attorneys Jeremy S. Johnson.
Armed Methamphetamine Trafficker Is Sentenced to over 11 Years in PrisonRead the Press Release
CHARLOTTE, N.C. – Antonio Abrego-Bega, 37, of Mexico, was sentenced today to 135 months in prison followed by five years of supervised release for distribution of methamphetamine, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Bennie Mims, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department (CMPD), join U.S. Attorney King in making today’s announcement.
According to court documents and court proceedings, between September and October 2021, law enforcement learned that Abrego-Bega was selling methamphetamine in the Charlotte area. During the investigation, a confidential informant (CI) working with law enforcement was introduced to Abrego-Bega. In September 2021, the CI and purchased from the defendant over 50 grams of methamphetamine and a loaded firearm. Law enforcement arranged additional controlled purchases between the CI and Abrego-Bega, where the defendant sold the CI additional methamphetamine and firearms. On October 20, 2021, following a controlled purchase of methamphetamine with the CI, law enforcement took Abrego-Bega into custody. Law enforcement recovered approximately 334 grams of methamphetamine and digital scales that he possessed in a bag.
On February 22, 2023, Abrego-Bega pleaded guilty to distributing 50 grams or more of methamphetamine. He is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons.
The investigation was conducted by the ATF and CMPD.
Special Assistant U.S. Attorney (SAUSA) William Wiseman of the U.S. Attorney’s Office in Charlotte prosecuted the case. Mr. Wiseman is a state prosecutor with the office of the 26th Prosecutorial District and was assigned by District Attorney Spencer Merriweather to serve as a SAUSA with the U.S. Attorney’s Office in Charlotte. Mr. Wiseman is sworn in both state and federal courts. The SAUSA position is a reflection of the partnership between the office of the 26th Prosecutorial District and the United States Attorney’s Office.
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.
Aiken Man Sentenced in Tax Evasion SchemeRead the Press Release
COLUMBIA, S.C. — Dennis Wayne Brite, 72, of Aiken, was sentenced to probation pleading guilty to tax evasion. He also immediately paid more than $669,000 in back taxes and interest.
Evidence presented to the court showed that for nearly a decade, Brite used a complex scheme involving foreign shell companies and overseas banks to hide over $2 million of income from the Internal Revenue Service. IRS criminal investigators learned of the scheme when one of the overseas banks involved in the scheme, Euro Pacific Bank, became a target of a federal investigation.
United States District Judge Sherri A. Lydon sentenced Brite to probation after his payment of $669,249.86 for his back taxes and interest. Evidence introduced in court indicated that defendants do not typically repay the entire tax loss amount including the interest and that Brite had made extraordinary efforts to come into compliance with his taxes.
This case was investigated by the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney T. DeWayne Pearson is prosecuting the case.
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Sunday 18 August 2024
Former Homewood Finance Director Charged with Embezzling Nearly $950,000Read the Press Release
BIRMINGHAM, Ala. – The former finance director for the City of Homewood has been charged with, and agreed to plead guilty to, crimes related to his embezzling nearly $950,000 from Homewood’s coffers. United States Attorney Prim Escalona and FBI Special Agent in Charge Carlton Peeples made the announcement.
An information filed today in federal district court charges Robert Winston Burgett, 64, of Hueytown, with three counts of wire fraud. Also filed today was a plea agreement indicating that Burgett has agreed to plead guilty to the charges.
According to the information and plea agreement, Burgett worked for the City of Homewood as its finance director. Between at least May 2023 and about March 2024, Burgett used that position to embezzle almost $950,000 from City of Homewood bank accounts.
Burgett concealed his conduct by first moving the City’s funds into a commercial bank account he controlled before transferring the funds into his personal account. Burgett also altered City bank account statements and made false journal entries in City accounting records. Burgett ultimately used the embezzled funds for personal purposes.
The Court will set a date for Burgett to enter his guilty plea.
The FBI and the Homewood Police Department investigated the case with assistance from the Alabama Department of Examiners of Public Accounts. Assistant U.S. Attorney J.B. Ward is prosecuting the case.
An information contains only charges. A defendant is presumed innocent unless and until proven guilty.
Friday 16 August 2024
Woodland Hills Resident and Koreatown Extortionist Sentenced to 22½ Years in Prison for Racket Targeting Karaoke CompaniesRead the Press Release
LOS ANGELES – A San Fernando Valley man was sentenced today to 270 months in federal prison for extorting Koreatown karaoke companies and sometimes physically attacking victims who refused to pay, including carjacking one victim after beating him with a baseball bat.
Daekun Cho, 39, of Woodland Hills, was sentenced by United States District Judge Fernando L. Aenlle-Rocha, who also ordered him to pay $240,167 in restitution and a special assessment of $5,700.
At the conclusion of a five-day trial, a jury on March 26 found Cho guilty of 55 counts of interference with commerce by extortion, one count of attempted interference with commerce by extortion, and one count of carjacking.
“For years, this defendant terrorized merchants in Koreatown with his violent, shake-down schemes and intimidated victims into remaining silent,” said United States Attorney Martin Estrada. “But working with our local partners, we were able to uncover and expose this incorrigible racketeer. Extortionists who seek to profit through violence are on notice that we will use federal tools to hold them accountable and the consequences will be severe.”
“Our commitment to reducing violent crime in our cities is reflected yet again with the result of this sentencing,” said Homeland Security Investigations Los Angeles Special Agent in Charge Eddy Wang. “HSI’s collaboration with our state and local partners is crucial to our mission of ensuring public safety in Southern California.”
From at least 2018 through his arrest in March 2023, Cho demanded “protection” money from karaoke businesses in Koreatown, as well as from drivers of “doumis” – or hostesses – employed by patrons of the karaoke establishments.
For example, in May 2021, when one of Cho’s victims – a doumi driver – refused to pay him more money, Cho and his accomplice waited for him in a karaoke parking lot. Cho and his accomplice beat the victim with metal baseball bats until knocking him unconscious and then stole his minivan. The victim’s arm was broken when he protected his head from the blows. In fear of more violence at Cho’s hands, the victim and his business partner closed their karaoke driving company, and the business partner left California.
During a separate incident in July 2022, a different victim was dropping two doumis off at a karaoke bar in Koreatown when Cho – who appeared to have something in his hoodie pocket – approached the victim’s car, opened the door with his sleeve so as to not leave fingerprints, got halfway inside the vehicle, and told the victim that the victim’s company was not permitted to drop off doumis. As the victim drove away, he heard gunshots, breaking the car’s glass, a shard of which hit a doumi in the neck.
In January 2023, Cho assaulted another karaoke driver who for years had paid him in cash and then via Venmo a monthly extortion fee. Cho began accepting electronic extortion payments during the COVID-19 pandemic. When the victim stopped paying, Cho assaulted the victim, stole $1,000 from him, and threatened to kill him.
In text messages shown at trial, Cho threatened many victims that if they did not pay him, they would “see the real demon,” “face the consequence,” “get beat up,” or be “punch[ed],” or Cho would “come see u” or “kick u out of ktown.” One victim testified at trial that Cho pointed a gun at a victim’s head when he refused to comply with Cho’s orders.
When Cho was arrested on the charges in this case, he possessed a 9mm firearm, a Glock 17 caliber firearm, a partially built ghost gun, multiple loaded, high-capacity magazines, and ammunition for a revolver. One of the firearms was fully loaded with the safety disengaged. Cho also possessed illegal knife, two metal baseball bats, and $20,733 in cash.
HSI and the Los Angeles Police Department investigated this matter.
Assistant United States Attorneys Jena A. MacCabe and Kevin J. Butler of the Violent and Organized Crime Section prosecuted this case.
Woman Charged for Scheme to Defraud Elvis Presley’s FamilyRead the Press Release
A Missouri woman was arrested this morning on federal charges in connection with an alleged scheme to defraud Elvis Presley’s family of millions of dollars and steal the family’s ownership interest in Graceland, the former home of Elvis Presley, located in Memphis, Tennessee.
Lisa Jeanine Findley, also known as Lisa Holden, Lisa Howell, Gregory Naussany, Kurt Naussany, Lisa Jeanine Sullins, and Carolyn Williams, 53, of Kimberling City, Missouri, was charged in a criminal complaint unsealed today after her arrest. Findley will make her initial appearance later today in the U.S. District Court for the Western District of Missouri.
“As alleged in the complaint, the defendant orchestrated a scheme to conduct a fraudulent sale of Graceland, falsely claiming that Elvis Presley’s daughter had pledged the historic landmark as collateral for a loan that she failed to repay before her death,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “As part of the brazen scheme, we allege that the defendant created numerous false documents and sought to extort a settlement from the Presley family. Now she is facing federal charges. The Criminal Division and its partners are committed to holding fraudsters to account.”
“As a Memphian, I know that Graceland is a national treasure,” said U.S. Attorney Kevin G. Ritz for the Western District of Tennessee. “This defendant allegedly used a brazen scheme to try to defraud the Presley family of their interest in this singularly important landmark. Of course, all homeowners deserve to have their property protected from fraud, and the Department of Justice will vigorously prosecute anyone who commits financial crimes or identity theft.”
According to court documents, Findley allegedly posed as three different individuals affiliated with a fictitious private lender named Naussany Investments & Private Lending LLC (Naussany Investments). Findley allegedly claimed falsely that Elvis Presley’s daughter had borrowed $3.8 million in 2018 from Naussany Investments, pledged Graceland as collateral for the loan, and failed to repay the debt. To settle the purported claim, Findley allegedly sought $2.85 million from Elvis Presley’s family. Findley allegedly fabricated loan documents on which Findley forged the signatures of Elvis Presley’s daughter and a Florida State notary public. Findley then allegedly filed a false creditor’s claim with the Superior Court of California in Los Angeles, and a fake deed of trust with the Shelby County Register’s Office in Memphis. Findley also allegedly published a fraudulent foreclosure notice in The Commercial Appeal, one of Memphis’s daily newspapers, announcing that Naussany Investments planned to auction Graceland to the highest bidder on May 23. Finally, when Naussany Investments was sued by Elvis Presley’s family in Tennessee state court as part of an effort to stop the sale of Graceland, Findley allegedly submitted false court filings.
After the scheme attracted global media attention, Findley allegedly wrote to representatives of Elvis Presley’s family, the Tennessee state court, and the media to claim falsely that the person responsible for the scheme was a Nigerian identity thief located in Nigeria.
“Fame and money are magnets for criminals who look to capitalize on another person’s celebrity status,” said Inspector in Charge Eric Shen of U.S. Postal Inspection Service (USPIS) Criminal Investigations Group. “In this case, Ms. Findley allegedly took advantage of the very public and tragic occurrences in the Presley family as an opportunity to prey on the name and financial status of the heirs to the Graceland estate, attempting to steal what rightfully belongs to the Presley family for her personal gain. Postal Inspectors and their law enforcement partners put an end to her alleged scheme, protecting the Presley family from continued harm and stress. This is an example of our relentless investigative work and commitment to bringing criminals to justice for their illegal activity.”
“Today’s announcement of charges and law enforcement action shows our broad approach to investigating allegations of identity theft and mail fraud, which can affect people from all walks of life,” said Special Agent in Charge Joseph E. Carrico of the FBI Memphis Field Office. “We will continue to vigorously pursue cases against individuals, in the United States and abroad, who would steal an identity and use fraud to benefit themselves personally.”
Findley is charged with mail fraud and aggravated identity theft. If convicted, she faces a mandatory minimum of two years in prison for aggravated identity theft and a maximum penalty of 20 years in prison for mail fraud.
USPIS and the FBI Memphis Field Office are investigating the case with significant assistance from the FBI Kansas City Field Office.
Assistant Chief Cory E. Jacobs and Trial Attorney Christopher Fenton of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Carroll L. André III for the Western District of Tennessee are prosecuting the case, with significant assistance from the U.S. Attorney’s Office for the Western District of Missouri.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
ComplaintWoman Charged for Scheme to Defraud Elvis Presley's FamilyRead the Press Release
WASHINGTON – A Missouri woman was arrested this morning on federal charges in connection with an alleged scheme to defraud Elvis Presley’s family of millions of dollars and steal the family’s ownership interest in Graceland, the former home of Elvis Presley, located in Memphis, Tennessee.
Lisa Jeanine Findley, also known as Lisa Holden, Lisa Howell, Gregory Naussany, Kurt Naussany, Lisa Jeanine Sullins, and Carolyn Williams, 53, of Kimberling City, Missouri, was charged in a criminal complaint unsealed today after her arrest. Findley will make her initial appearance later today in the U.S. District Court for the Western District of Missouri.
“As alleged in the complaint, the defendant orchestrated a scheme to conduct a fraudulent sale of Graceland, falsely claiming that Elvis Presley’s daughter had pledged the historic landmark as collateral for a loan that she failed to repay before her death,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “As part of the brazen scheme, we allege that the defendant created numerous false documents and sought to extort a settlement from the Presley family. Now she is facing federal charges. The Criminal Division and its partners are committed to holding fraudsters to account.”
“As a Memphian, I know that Graceland is a national treasure,” said U.S. Attorney Kevin G. Ritz for the Western District of Tennessee. “This defendant allegedly used a brazen scheme to try to defraud the Presley family of their interest in this singularly important landmark. Of course, all homeowners deserve to have their property protected from fraud, and the Department of Justice will vigorously prosecute anyone who commits financial crimes or identity theft.”
According to court documents, Findley allegedly posed as three different individuals affiliated with a fictitious private lender named Naussany Investments & Private Lending LLC (Naussany Investments). Findley allegedly claimed falsely that Elvis Presley’s daughter had borrowed $3.8 million in 2018 from Naussany Investments, pledged Graceland as collateral for the loan, and failed to repay the debt. To settle the purported claim, Findley allegedly sought $2.85 million from Elvis Presley’s family. Findley allegedly fabricated loan documents on which Findley forged the signatures of Elvis Presley’s daughter and a Florida State notary public. Findley then allegedly filed a false creditor’s claim with the Superior Court of California in Los Angeles, and a fake deed of trust with the Shelby County Register’s Office in Memphis. Findley also allegedly published a fraudulent foreclosure notice in The Commercial Appeal, one of Memphis’s daily newspapers, announcing that Naussany Investments planned to auction Graceland to the highest bidder on May 23. Finally, when Naussany Investments was sued by Elvis Presley’s family in Tennessee state court as part of an effort to stop the sale of Graceland, Findley allegedly submitted false court filings.
After the scheme attracted global media attention, Findley allegedly wrote to representatives of Elvis Presley’s family, the Tennessee state court, and the media to claim falsely that the person responsible for the scheme was a Nigerian identity thief located in Nigeria.
“Fame and money are magnets for criminals who look to capitalize on another person’s celebrity status,” said Inspector in Charge Eric Shen of U.S. Postal Inspection Service (USPIS) Criminal Investigations Group. “In this case, Ms. Findley allegedly took advantage of the very public and tragic occurrences in the Presley family as an opportunity to prey on the name and financial status of the heirs to the Graceland estate, attempting to steal what rightfully belongs to the Presley family for her personal gain. Postal Inspectors and their law enforcement partners put an end to her alleged scheme, protecting the Presley family from continued harm and stress. This is an example of our relentless investigative work and commitment to bringing criminals to justice for their illegal activity.”
“Today’s announcement of charges and law enforcement action shows our broad approach to investigating allegations of identity theft and mail fraud, which can affect people from all walks of life,” said Special Agent in Charge Joseph E. Carrico of the FBI Memphis Field Office. “We will continue to vigorously pursue cases against individuals, in the United States and abroad, who would steal an identity and use fraud to benefit themselves personally.”
Findley is charged with mail fraud and aggravated identity theft. If convicted, she faces a mandatory minimum of two years in prison for aggravated identity theft and a maximum penalty of 20 years in prison for mail fraud.
USPIS and the FBI Memphis Field Office are investigating the case with significant assistance from the FBI Kansas City Field Office.
Assistant Chief Cory E. Jacobs and Trial Attorney Christopher Fenton of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Carroll L. André III for the Western District of Tennessee are prosecuting the case, with significant assistance from the U.S. Attorney’s Office for the Western District of Missouri.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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CRM
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Wife of Large-Scale Drug Trafficker Sentenced for Money Laundering ConspiracyRead the Press Release
BOSTON – A California woman was sentenced yesterday in federal court in Boston for her role in a money laundering conspiracy involving proceeds of methamphetamine and marijuana distribution. The defendant laundered over $200,000 of her husband’s drug proceeds.
In total, over 160 pounds of pure methamphetamine, as well as an AK-47, a Glock with no serial number, two loaded Smith & Wesson handguns, and over 4,200 rounds of ammunition were seized during the investigation. A marijuana grow operation with hundreds of marijuana plants was also dismantled.
Christina Lua, 51, of Santa Rosa, Cali., was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 12 months and one day in prison followed by one year of supervised release. In April 2024, Lua pleaded guilty to one count of a second superseding indictment charging her with money laundering conspiracy.
Lua was originally charged in a superseding indictment, along with four others, in September 2021 with money laundering conspiracy. The indictment charged a total of 11 defendants in connection with a large-scale drug trafficking conspiracy. In addition to the money laundering conspiracy charged against Lua and four others, the other 10 defendants were also charged with controlled substance and firearm offenses.
In approximately October 2020, investigators received information about drug trafficking activities of a large-scale methamphetamine supplier in the Boston area. In late 2020 Lua’s husband Reshat Alkayisi was identified as a large-scale methamphetamine trafficker, who distributed multi-pound quantities to distributors throughout the New England area. Lua assisted Alkayisi in laundering his drug proceeds, including by purchasing vehicles with cash drug proceeds, and by depositing cash drug proceeds in amounts less than $10,000 so as to conceal the nature of the funds and to avoid reporting requirements.
Lua is the third defendant to be sentenced. The remaining eight defendants have pleaded guilty and are awaiting sentencing.
Acting United States Attorney Joshua S. Levy; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Shawn Jenkins, Interim Commissioner of the Massachusetts Department of Correction made the announcement. Valuable assistance was provided by the Norfolk County Sherriff’s Office; and Concord, Hudson, Peabody, Reading, Watertown and Waltham Police Departments. Assistance was also provided by the Massachusetts, Rhode Island, New Hampshire and Maine State Police. Assistant U.S. Attorneys Alathea Porter and Katherine Ferguson of the Criminal Division are prosecuting the case.
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.
Westland Man Pleads Guilty to Armed Robbery of Albion HydroponicsRead the Press Release
GRAND RAPIDS – U.S. Attorney for the Western District of Michigan Mark Totten today announced that Andrew Curtis Williams, 27, of Westland, Michigan pleaded guilty to two separate offenses relating to his role in the February 2020 armed robbery of Albion Hydroponics. Williams is scheduled to be sentenced in the coming months and faces a mandatory minimum sentence of seven years up to a maximum term of life imprisonment.
“This crime was brazen and incredibly dangerous,” said U.S. Attorney Mark Totten. “No business owner or employee should fear violence at work. Accountability for these crimes will be swift and serious.”
According to court documents, Williams pleaded guilty to conspiring to rob Albion Hydroponics on February 10, 2020. Williams also pleaded guilty to the separate offense of brandishing a firearm while committing the robbery. During the robbery, Williams was present while his companion used a firearm to strike the victim of the robbery with a gun. His codefendant, Kyle Lynn Carson, 28, of Jackson, previously pleaded guilty and is awaiting sentencing.
In March 2023, Williams and Carson were indicted for participating in the armed robbery of Albion Hydroponics. The indictment included the following charges:
- Count 1 – Charged Carson and Williams with Conspiracy to Obstruct Interstate Commerce by Robbery. The maximum sentence for this crime is 20 years.
- Count 2 – Charged Williams with Interference with Interstate Commerce by Robbery. The maximum sentence for this crime is 20 years.
- Count 3 – Charged Williams with Brandishing a Firearm in Furtherance of a Crime of Violence. The minimum sentence for this crime is 7 years, to run consecutive to any other sentence for imprisonment. The maximum sentence is life in prison.
Carson pleaded guilty to this offense on September 25, 2023, and admitted that he helped Williams scout the hydroponics store before the robbery, then took custody of a van containing the stolen property and attempted to hide it from police after the robbery.
“During this incident, Williams idly stood by while he and his partner in crime used illegal firearms to beat and intimidate a member of our community with the intent to rob the business,” said ATF Special Agent in Charge James Deir. “Every business owner and their employees deserve to go to work in peace without the threat of gun violence. In the end, Williams’ poor choices have consequences. In short, if you choose to use an illegal firearm to threaten and/or beat members of our community – you should choose to pack a bag because you’ll be going to prison. Our community demands better from its members, and it is safer with both men off the streets.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives is investigating this case, and Assistant U.S. Attorney Timothy VerHey is prosecuting it.
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- Count 1 – Charged Carson and Williams with Conspiracy to Obstruct Interstate Commerce by Robbery. The maximum sentence for this crime is 20 years.
West Memphis Man Sentenced to over 16 Years in Federal Prison for Being A Felon in Possession of A FirearmRead the Press Release
LITTLE ROCK—Cornelius Corwine Sandlin, a multi-convicted felon, will spend 195 months in federal prison for being a felon in possession of a firearm. Jonathan D. Ross, United States Attorney for the Eastern District of Arkansas, announced the sentence, which was handed down on Wednesday, August 14, 2024, by United States District Judge James M. Moody, Jr.
On February 9, 2024, Sandlin, 46, West Memphis, Arkansas, pleaded guilty to being a felon in possession of a firearm. Judge Moody also sentenced Sandlin to three years supervised release. Sandlin was indicted on February 7, 2023, on one count of being a felon in possession of a firearm.
An investigation by the West Memphis Police Department (WMPD) revealed that on January 20, 2022, WMPD Violent Crime detectives received a tip from a confidential source that Sandlin was trying to sell the confidential source an AR-style rifle from his motel room for approximately $300. The detectives conducted a surveillance operation and observed Sandlin exiting a hotel room clutching an object thought to be a firearm inside his jacket and enter his vehicle. Marked WMPD patrol units conducted a traffic stop on the vehicle in Sandlin’s driveway. Sandlin fled on foot and was able to elude law enforcement at that time.
During a search of the Sandlin’s vehicle, detectives discovered the Hämmerli, model Tac R1 22c .22 caliber, rifle laying in the front passenger seat. The rifle was loaded with 18 rounds of ammunition. Detectives also located a casino players card ID and a pill bottle with Sandlin’s name on them. Through further investigation, Sandlin was located and taken into custody on February 24, 2022. At the time of his arrest, Sandlin was in possession of methamphetamine, cocaine, plastic baggies, a scale, ammunition, and a CB radio.
Sandlin is classified as an armed career criminal offender due to his violent criminal history that includes: robbery, theft of property, aggravated robbery, possession of cocaine, possession of marijuana with purpose to deliver, possession of ecstasy with purpose to deliver, and possession of cocaine with purpose to deliver. Therefore, the maximum penalty Sandlin faced was not less than 15 years and not more than life in prison, no more than five years supervised release, and a fine of $250,000. There is no parole in the federal system.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the West Memphis Police Department and the. The case was prosecuted by Assistant United States Attorney Reese Lancaster.
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Watauga Man Sentenced for Assault by Striking, Beating or WoundingRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that U.S. Magistrate Judge Mark A. Moreno, U.S. District Court, has sentenced a Watauga, South Dakota man convicted of Assault by Striking, Beating or Wounding. The sentencing took place on August 15, 2024.
Justin James Schneider, age 39, was sentenced to time served, equal to one year in custody, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Schneider was indicted by a federal grand jury in January 2023. A jury found him guilty of Assault by Striking, Beating or Wounding following trial on May 15, 2024.
On October 26, 2022, in McIntosh, South Dakota, within the Standing Rock Sioux Indian Reservation, Schneider was taking out the trash when he saw another man. Schneider believed the other man had wronged him several months earlier. Schneider gestured for the man to join him in a neighbor’s yard. When they met, Schneider accused the man of misconduct, then punched him several times in the face. Schneider walked the man to his wife’s workplace, forced him to apologize for the alleged misdeed, and then punched him once more on the nose, breaking it.
This matter was prosecuted by the U.S. Attorney’s Office because the General Crimes Act, a federal statute, authorizes federal prosecution of certain crimes alleged to have occurred in Indian country.
This case was investigated by the Corson County Sheriff’s Office and the FBI. Assistant U.S. Attorney Carl Thunem prosecuted the case.
Schneider remains in the custody of the U.S. Marshals Service on separate charges.
Virginia Beach man sentenced for distributing horrific images of child sexual abuseRead the Press Release
NORFOLK, Va. – A Virginia Beach man was sentenced today to seven years in prison for distribution of Child Sexual Abuse Material (CSAM).
According to court documents, on Oct. 12, 2023, Dustin Roy Harrell, 39, distributed CSAM in a group on an end-to-end encryption messaging app that keeps communications private. Harrell shared a link to a Mega.nz account within the private channel that allowed users to download a video depicting the sexual abuse of a newborn baby.
Law enforcement seized multiple electronic devices, including three cellphones. Forensic examinations of the phones revealed 267 images, 32 computer-generated images, and five videos of CSAM. One device contained conversations in which Harrell discussed topics of child pornography and incest. Harrell engaged in online groups named “Cute Teens 16-19,” “Uncensored Teens,” Family Maza Incst,” and more.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by Senior U.S. District Judge John A. Gibney Jr.
Assistant U.S. Attorney Matthew Heck prosecuted the case.
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 U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:24-cr-19.
Update on Deputy Attorney General Lisa Monaco’s Justice AI ConveningsRead the Press Release
This week, Deputy Attorney General (Deputy AG) Lisa Monaco hosted the sixth convening of the Justice AI Initiative, which she launched earlier this year to inform the Justice Department’s AI policy, including how AI will impact the Department’s mission to uphold the rule of law, keep the nation safe, and protect civil rights. Justice AI brings together stakeholders across civil society, industry, academia, and law enforcement to share expertise and a wide range of perspectives on both the promise of AI and the perils of its misuse.
The Deputy AG welcomed organizations and advocates focused on privacy and consumer protection to the Justice Department to discuss opportunities for AI to advance the Department’s mission to protect the rights of consumers, while also addressing AI’s potential to magnify and accelerate risks to privacy and consumer rights as well as the Department’s obligation to ensure appropriate guardrails around use of AI. The conversation covered a range of topics, including algorithmic discrimination, the use of AI to target vulnerable populations, concerns about bulk data collection, and biometric privacy.
Earlier this summer, the Deputy AG convened an international meeting of the Justice AI Initiative with Member of the European Parliament (MEP) Eva Maydell and other leaders from the European Parliament. In addition to discussing how AI is changing the way crimes are committed, the Deputy AG and the MEPs discussed the threat posed by malign nation-state actors using AI to undermine elections across the globe this year. The Deputy AG underscored that the Justice Department will remain vigilant to foreign adversaries abusing AI to accelerate online hate and disinformation, imitate trusted sources of information, and proliferate deepfakes.
The Deputy AG and the Department’s Criminal Division also recently convened compliance executives to hear how companies are using AI and how compliance departments are addressing its risks. This discussion will inform updates to the Criminal Division’s Evaluation of Corporate Compliance Programs.
All the Justice AI convenings inform the Department of Justice’s work as part of Executive Order 14110 on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. You can read about previous Justice AI convenings here.
U.S. Department of Justice Awards $1.4 Million in Grants to City of SyracuseRead the Press Release
SYRACUSE, NEW YORK – The City of Syracuse has been awarded two grants totaling $1.4 million dollars through the U.S. Department of Justice Byrne Discretionary Community Project Grants program to enhance neighborhood street cameras, and to expand programs run by the Syracuse Police Athletic/Activities League, announced Carla Freedman, United States Attorney for the Northern District of New York.
“I could not be happier that the Department of Justice has awarded these grants to the City of Syracuse to support and expand the Police Athletic/Activities League (PAL), and to enhance the already successful COPS cameras program. The Syracuse PAL engages kids in healthy programming and sports and builds positive relationships with law enforcement officers who volunteer their time. The COPS cameras make neighborhoods safer and are an asset to the Syracuse Police in preventing and combatting crime. These two grants fund the kind of twenty-first century public safety that supports kids in activities that keep them away from crime and gangs, and provides police with the tools they need to keep neighborhoods safe.”
Syracuse Police Chief Joseph Cecile said, "Cops Cameras are the number one technology requested by both Syracuse residents and Syracuse Police Officers, and for good reason. They have been instrumental in both prevention and apprehension of all crimes, ranging from homicides to stolen vehicles. I would like to thank the United States Department of Justice for this generous award, and also for their continued partnership with the Syracuse Police Department and the Syracuse community."
Jimmy Oliver, Syracuse Director for Community Engagement (Police Athletic/Activities League), said, “We are very excited about this funding coming to Syracuse PAL so that we can connect Teens, Cops, and Communities. We want to thank Senators Schumer and Gillibrand for sowing this seed into our mission, and vision. This will impact teens, and law enforcement in Syracuse, and Onondaga county. We will continue to build positive, and intentional relationships with law enforcement and our teenagers.”
The project description for the $415,000 awarded to the Syracuse Police Athletic/Activities League says that the funds will be used to support programs for youths 14 to 19 years of age aimed at keeping, “kids safe and help put them on a path to success” through programs like “sports and other activities, and [to] create a sense of belonging, purpose, and pride.” The creation of the Syracuse Police Athletic/Activities League was announced in June 2021.
The project description for the $1 million awarded to City of Syracuse for neighborhood street cameras (known as COPS cameras) says they are “essential tools for public safety” and aid “in response to emergencies,” “play a key role in criminal investigations,” and have been “the top requested technology by the citizens of Syracuse for over a decade.”
The Edward Byrne Memorial Justice Assistance Grant (JAG) program is a U.S. Department of Justice formula grant program. The JAG program allocates funds to the 50 states, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, America Samoa, and the Northern Mariana Islands for a variety of state and local criminal justice initiatives. The program is administered by the Bureau of Justice Assistance (BJA).
U.S. Attorney’s Office and ATF Announce Federal Charges in Santa Fe Shooting and Carjacking CaseRead the Press Release
ALBUQUERQUE – The United States Attorney's Office has filed federal charges against Zachary Babitz in connection with a fatal shooting and carjacking that occurred on August 6, 2024, in Santa Fe, New Mexico. The charges include carjacking and discharging a firearm in furtherance of a crime of violence.
Babitz, 38, appeared before a federal judge today and will remain in custody pending a detention hearing which is scheduled for August 20, 2024.
According to the criminal complaint, on the morning of August 6, Santa Fe Police Department (SFPD) officers responded to a call reporting a shooting in the parking lot of Best Buy, located at 3533 Zafarano Dr. Upon arrival, officers found a male victim with a gunshot wound to the chest. Despite life-saving efforts by medics, the victim was pronounced dead at the scene.
Witnesses provided cellphone videos and photographs of the incident, while surveillance footage from nearby businesses, including Famous Footwear and Panera Bread, captured the suspect, later identified as Babitz, approaching the victim and engaging in a physical altercation before the shooting. Babitz was seen leaving the scene in the victim's Jeep Grand Cherokee, which was later reported stolen.
Further investigation revealed that Babitz had absconded from probation and was identified by the Adult Probation and Parole Office as the individual in the photos disseminated to the public. According to APPO, on August 1, 2024, Babitz cut his electronic monitoring device off and left a note for law enforcement on the door of his residence in Edgewood, New Mexico. The note stated, “To Law Enforcement this needs to be very clear. My wife had absolutely no clue as to what I planned or am about to do. These were my decisions, and I hid them from her signed this day 8-1-24 10:55am Zachary Babitz.”
On August 10, 2024, Babitz was apprehended in Las Cruces, New Mexico, where a 9mm firearm was recovered. Testing is underway to determine if this weapon was used in the Santa Fe incident.
Babitz has a history of felony convictions, including armed robbery and carjacking, and was released from prison in March 2024.
The investigation is ongoing.
If convicted of the current charges, Babitz faces any term of years and up to life in prison.
U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Phoenix Field Division 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 assistance from the Santa Fe Police Department, Albuquerque Police Department and Las Cruces Police Department. Assistant United States Attorney Letitia Carroll Simms is prosecuting the case.
View the Criminal ComplaintA criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Attorney’s Office Reaches Agreement with Hackensack Meridian Health to Ensure it Permits Service Animals at Medical AppointmentsRead the Press Release
NEWARK, N.J. – The U.S. Attorney’s Office has reached an agreement with Hackensack Meridian Health (HMH) to resolve allegations that HMH violated the Americans with Disability Act (ADA) by prohibiting individuals with disabilities from bringing service animals to medical appointments, U.S. Attorney Philip R. Sellinger announced.
During its investigation, the U.S. Attorney’s Office determined that HMH violated the ADA by refusing to allow a service animal into a medical office. The matter stems from a complaint alleging that Dr. Abigail Whetstone’s office, part of HMH, did not permit an individual with a disability using a service animal to bring the service animal into the office for an appointment.
Under the ADA, places of public accommodation must make reasonable modifications to policies and practices to permit persons with disabilities who require service animals to use service animals while participating in its services. Places of public accommodation also cannot require individuals using service animals to produce documents or tags verifying that the animal is a service animal.
HMH has agreed to make reasonable modifications to its policies, practices, and procedures to permit the use of service animals by persons with disabilities, to ensure that all employees working at Whetstone’s office have a hard copy of HMH’s service animal policy, and to ensure that all employees working at Whetstone’s office receive training on Title III’s service animal compliance. HMH will also pay damages to the complainant.
Individuals who believe they may have been victims of discrimination may call the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339 and/or file a complaint with the U.S Attorney’s Office at http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint. Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TDD).
The government is represented by Assistant U.S. Attorney Kelly Horan Florio, Senior Civil Rights Counsel in the U.S. Attorney’s Office’s Civil Rights Division.
U.S. Attorney’s Office Obtains Settlement of Fair Housing Act Case Compensating Discrimination Victim Threatened with Eviction for Maintaining Support AnimalsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced the entry today of a Consent Decree with the RUTHERFORD TENANTS CORP. (“RUTHERFORD”) resolving the United States’ lawsuit against RUTHERFORD and its former Board President James Ramadei under the Fair Housing Act (“FHA”). The lawsuit alleged that RUTHERFORD discriminated against a shareholder (the “Complainant”) in its co-operative building by refusing to permit her to live with emotional support animals to accommodate her disability and by retaliating against the Complainant when she filed a Complaint with the U.S. Department of Housing and Urban Development (“HUD”). U.S. District Judge Jennifer H. Rearden approved the Consent Decree on August 16, 2024.
U.S. Attorney Damian Williams said: “This is the largest recovery the Department of Justice has ever obtained for a person with disabilities whose housing provider denied them their right to have an assistance animal. This outcome should prompt all housing providers to consider carefully whether their policies and procedures comply with federal law. We greatly appreciate our partners at HUD who provided invaluable assistance in the investigation and resolution of this matter.”
According to documents filed by the Government in federal court:
The Rutherford is a residential cooperative apartment building that contains 175 units and is located at 230 East 15th Street in New York, New York. Defendant RUTHERFORD is the shareholder cooperative association. The Complainant moved into the building in 1999. At the time, RUTHERFORD did not have a reasonable accommodation policy of any kind, whether for people with disabilities generally or for assistance animals specifically.
The Complainant maintained parrots in her home as emotional support animals to assist her with her disabilities and did so without incident until March 2015, when one of her neighbors began complaining about alleged noise. In response, the New York City Department of Environmental Protection (“DEP”) visited the building and/or the Complainant’s apartment on 15 occasions over the course of a year and conducted inspections of these noise complaints. DEP issued zero notices of noise violations. RUTHERFORD never conducted any decibel testing or other objective evaluation of the alleged noise complaints. Similarly, RUTHERFORD never retained the services of a noise prevention consultant, architect, engineer, or anyone with qualifications or experience in soundproofing to address the neighbor’s complaints.
In March 2016, the Complainant asked RUTHERFORD to allow her to maintain her parrots as support animals as a reasonable accommodation under the FHA, supporting her request with a letter from her treating psychiatrist.
The FHA makes it unlawful to discriminate in the terms and conditions of the sale or rental of, or to otherwise make unavailable or deny, a dwelling based on the prospective buyer or renter’s disability. The FHA also mandates that reasonable accommodations in rules, policies, practices, and services be provided when necessary to afford equal housing opportunities to persons with disabilities. The assistance animals that must be allowed in private dwellings under the FHA are different from those that must be allowed in places of public accommodation under the Americans with Disabilities Act, which is limited to dogs and miniature horses. Under the FHA and its applicable regulations, persons with disabilities may maintain in their homes a wide array of animals as support animals, provided the animal does not pose a direct threat to the health or safety of others, and does not physically damage the property.
Despite being aware that the Complainant was a person with a disability who needed the parrots as support animals, RUTHERFORD commenced eviction proceedings against the Complainant in May 2016. The Complainant began to suffer severe emotional harm because of the eviction proceedings and left her apartment in July 2016. Despite the fact that the Complainant left the building in 2016, RUTHERFORD continued to maintain the eviction proceeding against her well into 2024.
In May 2018, the Complainant filed a Complaint with HUD, alleging that the eviction proceeding interfered with her fair housing rights. While HUD was investigating the Complaint, the Complainant obtained an offer to purchase the shares appurtenant to her unit for $467,500, but RUTHERFORD rejected the application from the proposed purchaser, thereby prolonging the dispute and, as alleged by the Government, engaging in retaliation against the Complainant for asserting her rights.
HUD completed its investigation and, in January 2021, found probable cause to believe that RUTHERFORD violated the FHA, at which juncture the parties had the opportunity to settle the matter, or, failing that, either the Complainant or RUTHERFORD could elect to proceed to federal court with the dispute. RUTHERFORD chose to proceed to federal court, thereby triggering the statutory requirement that the Department of Justice file suit against it to resolve the matter in federal court.
Under the consent decree approved by Judge Rearden, RUTHERFORD must:
• Pay the Complainant $165,000 in damages, upon receipt of a release from the Complainant;
• Offer $585,000 to purchase the Complainant’s shares in the co-operative at a time when similarly situated units in the building are valued at approximately $500,000;
• In the event that the closing of the sale of the Complainant’s unit does not occur, provide the Complainant with additional accommodations, including a right to sublet the unit for 10 years;
• Adopt a reasonable accommodation policy regarding requests for assistance animals;
• Comply with certain notice, training, and recordkeeping requirements to ensure that its
agents and officers are knowledgeable about and comply with the requirements of the FHA;
• Allow the U.S. to monitor compliance with the Consent Decree;
• Dismiss the eviction proceedings against the Complainant in Housing Court.
This is the tenth case brought in recent years by the Southern District of New York to vindicate the rights of tenants and co-operative shareholders to maintain support animals in their homes, and the tenth case to end with an agreement compensating the victims of the alleged discriminatory acts and requiring the adoption of reasonable accommodation policies to protect future residents and co-operative shareholders from discrimination. The monetary recovery for the Complainant in this case, above and beyond the value of her shares, is the largest recovery by the Government for a victim of housing discrimination denied the right to an assistance animal.
Individuals who believe they have been victims of housing discrimination may submit a report online at www.civilrights.justice.gov, by email to [email protected], or may contact the Department of Housing and Urban Development at 1-800-669-9777 or www.hud.gov.
The case is being handled by the Office’s Civil Rights Unit in the Civil Division. Assistant U.S. Attorney David J. Kennedy is in charge of the case.
U.S. Attorney Warns of Increasing Threat from Machinegun Conversion Devices as Jackson Man is Sentenced to Two Years in Prison for Possessing a Machinegun and Another Jackson Man Pleads GuiltyRead the Press Release
Jackson, Miss. – The U.S. Attorney’s Office for the Southern District of Mississippi warned of the increasing threat from machinegun conversion devices, also known as “switches,” as a Jackson man was sentenced to two years in prison for illegal possession of a machinegun conversation device and another Jackson man pled guilty to that offense.
According to court documents, on Friday, February 9, 2024, Kylin Demond Russell, 22, led Capitol Police officers on a high-speed chase, reaching speeds of up to 120 mph, after failing to yield for a traffic stop. When his vehicle ultimately came to a stop, he attempted to flee on foot, was detained, and two Glock pistols with attached MCDs were found in the vehicle. Capitol Police contacted the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The vehicle driven by Russell appears to match the description of a vehicle seen in a video, taken by a citizen in Jackson and widely distributed on-line, showing a person firing a weapon from the vehicle.
Russell was indicted by a federal grand jury on February 21, 2024, and pled guilty on May 2, 2024, to possession of a machinegun. Russell was sentenced on August 9, 2024, to two years in prison. He will not be eligible for parole because there is no parole in the federal system.
In a separate case, Javarius McDonald, of Jackson, pled guilty to illegal possession of a machinegun conversion device, also known as a switch, that was attached to his Glock pistol. According to court documents, on December 4, 2023, McDonald, 19, was stopped by Ridgeland Police for a window tint violation because the windows in the vehicle he was driving appeared too tinted under state law. Officers smelled marijuana while speaking with McDonald and performed a probable cause search of the vehicle. Officers recovered a Glock with an attached machinegun conversion device underneath the driver’s seat.
McDonald is scheduled to be sentenced on November 27, 2024, and faces up to 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
“I cannot emphasize enough how dangerous ‘switches’ and other devices are that make a semi-automatic gun a fully automatic machinegun,” said U.S. Attorney Todd Gee. “They can be readily purchased on-line or printed with 3D printers, and they lead to more carnage on the streets, including a higher likelihood of bystanders being hit by gunfire. Machinegun conversion devices are illegal under federal law and Mississippi state law, and seizures of these devices have gone up exponentially across the nation in the last several years. The Department of Justice and our state and local partners are extremely focused on taking persons off the street who possess and use machinegun conversion devices.”
The U.S. Attorney’s Office has seen an increase in cases involving illegal firearm conversion devices, commonly known as “switches” or “auto sears,” which convert semi-automatic handguns into fully automatic weapons (i.e., machineguns) in a matter of seconds. The rapid fire of firearms converted to machineguns presents a significant danger in our community to both the public and law enforcement. An individual found in possession of a Glock or auto-sear switch will face up to ten years in prison and a $250,000 fine under federal law.
According to a 2023 report by the Bureau of Alcohol Tobacco, Firearms and Explosives (ATF), there was a 570% increase in the number of machinegun conversion devices taken into ATF custody between 2017 and 2021.
“The illegal possession of handgun conversion devices is a significant threat to our communities,” said ATF New Orleans Special Agent in Charge Joshua Jackson. “The sentence imposed and guilty plea in these cases sends a message to anyone who possesses a switch that we will continue to focus efforts on prohibited individuals who unlawfully possess these devices, remove another violent criminal from our streets, and keep our neighborhoods safe as the top priority for ATF.”
"I am extremely proud of the efforts being made at the local, state, and federal levels to address the issue of 'switches' on firearms,” said Commissioner Sean Tindell of the Mississippi Department of Public Safety. “These devices pose a serious threat to public safety, and it's our responsibility to ensure they are removed from our streets and that those responsible are prosecuted. By working together, we can enhance the safety of our state and communities and hold accountable those who endanger them."
U.S. Attorney Todd W. Gee, Special Agent in Charge Joshua Jackson of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Commissioner Sean Tindell of the Mississippi Department of Public Safety made the announcement.
The ATF and the Capitol Police investigated the Russell case. The ATF and the Ridgeland Police Department investigated the McDonald case. Assistant U.S. Attorney Matt Allen prosecuted both cases.
The Russell case is the result of Operation Unified and Project Safe Neighborhoods (PSN), both of which are coordinated efforts between state, local, and federal law enforcement agencies. Agencies participating in Operation Unified include the Mississippi Department of Public Safety’s Bureau of Narcotics, Capitol Police and Office of Homeland Security; the Jackson Police Department; the Hinds County District Attorney and Hinds County Sheriff’s Office; the Mississippi Department of Corrections; and the FBI, DEA, and ATF, as well as the U.S. Attorney’s Office.
The McDonald case is a result of the PSN program. The PSN Program is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Two Texas Men Indicted, Arrested for Dealing Firearms Without a LicenseRead the Press Release
SAN ANTONIO – A federal grand jury in San Antonio returned indictments charging two Texas men with offenses related to the unlawful dealing of firearms.
According to court documents, Ronin Michael Rhoades, 24, of Georgetown, and Tristan James Banda, 42, of Pflugerville, were both allegedly engaged in the business of dealing in firearms, despite not being licensed firearms dealers.
Additionally, Rhoades allegedly conspired to traffic and straw purchase a variety of firearms, including AR- and AK-style rifles, FN SCAR rifles, pistols, and a .50 caliber rifle.
Rhoades was arrested Aug. 1 and is charged with one count of conspiracy to traffic firearms, one count of conspiracy to straw purchase firearms, and one count of dealing in firearms without a license. If convicted, he faces up to 15 years in prison for the firearms trafficking charge, up to 25 years imprisonment for the straw purchasing charge, and up to five years for dealing firearms without a license.
Banda was arrested Aug. 14 and is charged with one count of dealing in firearms without a license. If convicted, he faces up to five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza for the Western District of Texas made the announcement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives is investigating the cases.
Assistant U.S. Attorney William Calve is prosecuting the cases.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Two More Defendants Plead Guilty in Conspiracy Targeting Credit UnionsRead the Press Release
ALBANY, NEW YORK – Lesley Lucchese, age 54, and Danielle Cappetti, age 45, both of New York City, have pled guilty in connection with their roles in a bank fraud conspiracy that targeted credit unions all over the country since at least December 2021. United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.
As part of their pleas, Lucchese and Cappetti each admitted that between at least December 2021 and April 2023, they fraudulently withdrew funds from credit unions while acting as runners for a nationwide bank fraud conspiracy that targeted credit unions insured by the National Credit Union Share Insurance Fund. Many of the credit unions were members of a shared branching network, which allowed customers of member credit unions to withdraw funds from their accounts at other member credit unions by presenting an identification with their photograph, their account number, and the last four digits of their Social Security number. The network allowed customers of localized credit unions easier access to their accounts when traveling throughout the country. The conspirators exploited this network by creating fake identifications in the names of real credit union customers, but with photographs of other individuals, including Lucchese and Cappetti, who conducted fraudulent transactions at shared branch member credit unions all over the country in exchange for drugs or a small portion of the stolen funds. In total, Lucchese and Cappetti fraudulently obtained nearly $500,000 from credit unions, the vast majority of which went to supervisors in the conspiracy.
Lucchese pled guilty today to conspiracy to commit bank fraud and Cappetti pled guilty to the same offense on August 5, 2024. Cappetti, who is from the Bronx, is scheduled to be sentenced on December 5, 2024. Lucchese, of Manhattan, is scheduled to be sentenced on December 17, 2024.
Both defendants face up to 30 years in prison, a term of supervised release of up to 5 years, and a fine of up to $1 million. Both defendants will be ordered to pay restitution to victims of their offenses, and Lucchese agreed to forfeit $9,512.67 in U.S. currency seized by the Escambia County and Okaloosa County Sheriff’s Offices in Florida in October 2022 when Lucchese was arrested with co-defendants David Daniyan and Akeem Balogun after traveling there to conduct fraudulent withdrawals.
The pleas of Lucchese and Cappetti resolve the charges against them in a federal indictment returned last December, allegedly involves more than $1 million in total losses. Five defendants have now pled guilty in connection with the indictment.
The following defendants are also charged in the indictment:
- Oluwaseun Adekoya, age 38, of New Jersey, is charged with one count of conspiracy to commit bank fraud and two counts of aggravated identity theft;
- David Daniyan, age 59, of Brooklyn, New York, is charged with one count of conspiracy to commit bank fraud and two counts of aggravated identity theft;
- Akeem Balogun, age 53, of Brooklyn, is charged with conspiracy to commit bank fraud;
- Gaysha Kennedy, age 45, of Brooklyn, previously pled guilty to one count of conspiracy to commit bank fraud;
- Victor Barriera, age 63, of the Bronx, previously pled guilty to conspiracy to commit bank fraud; and
- Jerjuan Joyner, age 49, of Brooklyn, previously pled guilty to conspiracy to commit bank fraud.
As to the defendants who have not pled guilty, the charges in the indictment are merely accusations. These defendants are presumed innocent unless and until proven guilty.
FBI Albany is investigating the case, with assistance from the FBI Field Offices in New York and Newark, and Resident Agencies in Westchester, New York; Garrett Mountain, New Jersey; and Fort Walton Beach, Florida. Additional assistance was provided by other law enforcement agencies, including Immigration and Customs Enforcement – Enforcement & Removal Operations (New York Field Office & Albany sub-office); U.S. Department of State Diplomatic Security Service (Buffalo Field Office & St. Albans Resident Office); U.S. Social Security Administration – Office of the Inspector General, the New York State Police; Cohoes Police Department; Colonie Police Department; Elmira Police Department; Corning Police Department; Plattsburgh Police Department; Florida law enforcement agencies including the Okaloosa County Sheriff’s Office and Escambia County Sheriff’s Office; law enforcement agencies in New Hampshire, including the Rochester Police Department, Manchester Police Department, Amherst Police Department; the Norwich, CT Police Department; law enforcement agencies in Massachusetts, including the Springfield, MA Police Department; the Pennsylvania State Police; the Delaware State Police; and law enforcement agencies in Maryland, including the Harford County Sheriff’s Office and Baltimore County Sheriff’s Office.
Assistant United States Attorney Benjamin S. Clark is prosecuting this case.
Two Men Sentenced for Conspiracy to Illegally Acquire Codeine and Identity TheftRead the Press Release
LEXINGTON, Ky. – Richard Rogers Jr., 33, and Chad Wolf, 27, were sentenced on Friday, by Chief U.S. District Judge Danny C. Reeves, to 44 months and 39 months, respectively, for conspiracy to acquire and possess codeine and aggravated identity theft. Rogers and Wolf were also each ordered to forfeit $57,336 – the amount of their illegal codeine resale profits.
According to their plea agreements, Rogers and Wolf conspired, over multiple years, in submitting numerous fraudulent prescriptions for Promethazine-Codeine syrup, which were sent to pharmacies in various Kentucky locations. Neither Rogers nor Wolf had valid prescriptions for codeine cough syrup in their own name. Instead, Rogers and Wolf acquired identity information from unsuspecting individuals – often in the form of driver’s licenses. Rogers and Wolf also acquired DEA numbers of medical providers from others, including from physicians in Michigan and Kentucky, without the physicians’ authorization or consent. They used this information to create fraudulent prescriptions for codeine cough syrup and organized others to retrieve the prescriptions as they were filled.
Under federal law, Rogers and Wolf must serve 85 percent of their prison sentences. Upon their release from prison, they will be under the supervision of the U.S. Probation Office for one year.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael Stansbury, Special Agent in Charge, FBI, Louisville Field Office; and Erek Davodowich, Acting Special Agent in Charge, DEA, Louisville Field Division, jointly announced the sentences.
The investigation was conducted by the FBI and DEA. Assistant U.S. Attorney Will Moynahan prosecuted the case on behalf of the United States.
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Two Defendants Sentenced for “Horrific” Fraud Scheme That “Preyed Upon” Elderly VictimsRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that two defendants were sentenced to federal prison for their roles in an international fraud conspiracy that stole over $11 million from mostly senior citizens in multiple states. A victim in West Michigan lost $398,000 to the conspiracy. Jayesh J. Panchal, 55, of Hicksville, New York, was sentenced to serve 78 months in federal prison and ordered to pay $7,930,287 in restitution to 40 victims of the conspiracy. Vijaya C. Shetty, 53, of Flushing, New York, was sentenced to 63 months in federal prison and ordered to pay $596,800 in restitution to victims. Shetty pleaded guilty in February 2024 and Panchal pleaded guilty in April 2024. U.S. District Judge Jane M. Beckering, who imposed the sentence, said Panchal and Shetty were involved in a “horrific” fraud scheme that “preyed upon some of our most vulnerable citizens, the elderly.” She noted that many of the victims “worked, saved, and scrimped their whole lives and now have little or nothing to live on.”
“We teamed up with multiple law enforcement partners to pinpoint and punish these fraudsters who preyed on vulnerable elderly victims, and we’ll continue to aggressively chase these criminals wherever they strike,” said U.S. Attorney Totten. “Raising awareness of elder fraud is critical to help protect our older loved ones from losing their life savings to these types of crimes. My office is committed to fighting all types of elder abuse in our community.”
Information on other co-defendants who have been sentenced can be found here and here. Co-defendant Everette Thibou pleaded guilty and is scheduled to be sentenced on October 31.
The fraud scheme began when victims received a pop-up message on their computers warning that a virus had infected their devices. The messages urged the victims to call a number to get help. When the victims called the number provided, they got a response from someone claiming to work for a tech company, such as Microsoft or Apple. In truth, they were scammers located in India, who scared the victims into giving money to the conspiracy with a variety of different ruses.
In one version of the scam, victims were told that their bank accounts had been compromised and they needed to withdraw all their cash and give it to fake “federal agents” for safekeeping. In another version, victims were told that their computers had been infected by a virus and they needed to pay for technical support. In a third version, victims were told that they had been identified in a criminal investigation and needed to turn over money to clear their names. Regardless of which ruse was used, the result was the same: victims were convinced to give $11 million money to the scammers. Victims did this during in-person meetings with fake “federal agents,” by mailing boxes of cash to addresses provided by the scammers, by wire transfers to bank accounts controlled by the scammers, or through gift cards they purchased at the direction of the scammers.
Panchal and one of his co-defendants, McKhaela McNamara, made six trips to meet with a victim in Lake County, Michigan, to collect $398,000 in fraud proceeds from her. The victim had been convinced that her bank accounts had been compromised and that she was giving cash to “federal agents” for safekeeping. It is alleged that a different co-defendant helped arranged the meetings with the Lake County victim.
Panchal and Shetty travelled throughout the United States at the direction of the leaders of the conspiracy in India to collect millions of dollars in cash from the victims. They also laundered fraud proceeds by depositing cash into various bank accounts.
“Fraudsters are targeting our senior community at an alarming rate nationwide. Criminals continue to take advantage of their trusting nature and generosity,” said Cheyvoryea Gibson, Special Agent in Charge for the FBI in Michigan. “We must empower our seniors with knowledge about elder fraud and its various forms to protect them from this intolerable manipulation. If you or someone you know has been a victim of elder fraud, we ask that you report it immediately to the National Elder Fraud Hotline or file a complaint with the FBI’s Internet Crime Complaint Center at ic3.gov. We will not allow these criminals to continue exploiting our seniors.”
The FBI Detroit, Grand Rapids Resident Agency, Homeland Security Investigations, New Orleans, Louisiana, and the Lake County, Michigan, Sheriff’s Office investigated the case, and Assistant United States Attorney Clay Stiffler prosecuted it.
For more information on preventing elder fraud and help for victims, visit the Department of Justice’s Elder Justice Initiative website, which includes a list of Michigan-specific resources. The FBI Elder Fraud website also provides several resources, including the following tips to help seniors protect themselves:
- Recognize scam attempts and end all communication with the perpetrator.
- Search online for the contact information (name, email, phone number, addresses) and the proposed offer. Other people have likely posted information online about individuals and businesses trying to run scams.
- Resist the pressure to act quickly. Scammers create a sense of urgency to produce fear and lure victims into immediate action. Call the police immediately if you feel there is a danger to yourself or a loved one.
- Be cautious of unsolicited phone calls, text messages, mailings, and door-to-door services offers.
- Never give or send any personally identifiable information, money, jewelry, gift cards, checks, or wire information to unverified people or businesses.
- Make sure all computer anti-virus and security software and malware protections are up to date. Use reputable anti-virus software and firewalls.
- Disconnect from the internet and shut down your device if you see a pop-up message or locked screen. Pop-ups are regularly used by perpetrators to spread malicious software. Enable pop-up blockers to avoid accidentally clicking on a pop-up.
- Be careful what you download. Never open an email attachment from someone you don't know and be wary of email attachments forwarded to you.
- Take precautions to protect your identity if a criminal gains access to your device or account. Immediately contact your financial institutions to place protections on your accounts and monitor your accounts and personal information for suspicious activity.
If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish, and other languages are available. The Federal Trade Commission also provides a hotline at 877-FTC-HELP and a website at www.ftccomplaintassistant.gov to receive consumer complaints.
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Two Cedar Rapids Fentanyl Dealers Sentenced to Federal PrisonRead the Press Release
Two Cedar Rapids men that distributed hundreds of pills containing fentanyl were recently sentenced to federal prison.
Henry Sorrell Barnes, Jr., age 35, from Cedar Rapids, Iowa, received the prison term after a March 12, 2024 guilty plea to one count of conspiracy to distribute a controlled substance.
Noah Christopher Ward, age 25, from Cedar Rapids, Iowa, received the prison term after a March 13, 2024 guilty plea to one count of conspiracy to distribute a controlled substance.
Evidence disclosed at prior hearings and their respective sentencings showed that between January 2023 and September 27, 2023, Barnes distributed at least 4,000 pills containing fentanyl in Cedar Rapids. Between May 2023, and late October 2023, Ward obtained at least 815 pills containing fentanyl from different sources, including Barnes, and Ward distributed many of the pills that he obtained. On two occasions, Ward sold Barnes a firearm in exchange for pills containing fentanyl.
On August 13, 2024, Barnes was sentenced in Cedar Rapids by United States District Court Chief Judge C.J. Williams. Barnes was sentenced to 78 months’ imprisonment, and he must also serve a five‑year term of supervised release after the prison term.
On August 7, 2024, Ward was sentenced in Cedar Rapids by United States District Court Chief Judge Williams. Ward was sentenced to 39 months’ imprisonment, and he must also serve a four‑year term of supervised release after the prison term.
There is no parole in the federal system.
Barnes and Ward are being held in the United States Marshal’s custody until they can be transported to a federal prison.
These cases were prosecuted by Assistant United States Attorney Dillan Edwards and investigated by the Johnson County Drug Task Force, consisting of the Johnson County Sherriff’s Office, the Iowa City Police Department, the Coralville Police Department, the North Liberty Police Department, the University of Iowa Police Department, and the Iowa Division of Narcotics Enforcement; the Cedar Rapids Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the United States Parcel Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 23‑CR‑70 and 23‑CR‑77.
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Trafficking illegal machine guns and silencers sends Pasadena man to prisonRead the Press Release
HOUSTON – A 28-year-old man has been sentenced for the unlicensed sale of firearms and possession of a machine gun, announced U.S. Attorney Alamdar S. Hamdani.
Austin Shofner pleaded guilty May 23, admitting he sold multiple privately manufactured firearms and machine gun conversion devices (MCDs).
U.S. District Judge Ewing Werlein Jr. has now ordered Shofner to serve a 120-month-term of imprisonment for the possession and transfer of a machine gun charge and 60 months for unlicensed firearms sales which will be served concurrently. The total 10-year prison term will be immediately followed by three years of supervised release. Shofner was further ordered to pay restitution in the amount of $2,000. In handing down the sentence, the court noted this sentence reflects the need for deterrence due to the nature of the offense and Shofner’s criminal history.
“Austin Shofner wanted to build his illegal gun manufacturing business, supplying deadly machine guns, devices that converted handguns into machine guns, automatic rifles and silencers to anyone who would pay,” said Hamdani. “He had big dreams until he ran into an undercover agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Entrepreneurs are an important part of America’s fabric, but not Austin Shofner’s kind. Instead of counting his profits, Shofner will be counting down days, the thousands of days he will spend in a federal prison.”
“Engaging in the business of firearms sales without proper licensing is a violation of law that the ATF will continue to investigate aggressively,” said Special Agent in Charge Michael Weddel of the ATF. “MCDs pose a grave risk to law enforcement and the general public. We are committed to fighting against the dangers that they pose.”
Beginning in January, Shofner sold several privately manufactured firearms with no mark or serial number, commonly known as “ghost guns.” He also sold machine gun conversion devices aka switches and firearm silencers at various locations in the Houston metropolitan area to undercover authorities via Instagram.
During one transaction, Shofner described a silencer he was selling as “illegal as [expletive].”
Additionally, Shofner had stated that selling firearms and switches was his primary source of income and detailed his plans to expand his firearm manufacturing operation.
On March 7, authorities executed a search warrant at Shofner’s residence in Pasadena where they found a Glock pistol, a pistol frame, an assault-style pistol and a suppressor. As part of the overall investigation, law enforcement also seized five MCDs, two silencers and five ghost guns which included a machine gun and a short-barreled rifle.
About an inch long, switches may be made of metal or plastic and printed on commercially available 3D printers. They generally slide into the butt of a gun and allow the shooter to fully automatically fire, unloading dozens of rounds with a single pull of the trigger. In contrast, regular semi-automatic firearms require a separate trigger pull for each round fired.
Shofner will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
ATF conducted the investigation. Assistant U.S. Attorney Byron H. Black prosecuted the case.
This case is being prosecuted as part of the joint federal, state and local Project Safe Neighborhoods (PSN) Program. In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old, evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.
Swain County Man Pleads Guilty to Cold Case Murder in Indian CountryRead the Press Release
ASHEVILLE, N.C. – Ernest D. Pheasant, Sr., 47, an enrolled member of the Eastern Band of Cherokee Indians (EBCI), pleaded guilty today to first-degree murder in Indian Country, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. Pheasant entered his guilty plea before U.S. Magistrate Judge W. Carleton Metcalf.
According to court filings and facts presented at the plea hearing, on December 29, 2013, the body of Marie Walkingstick Pheasant was discovered inside a burned-out vehicle parked near Big Cove Road within the Qualla Boundary in the Western District of North Carolina. Investigators determined that the vehicle had been intentionally set on fire. An autopsy revealed that Marie died from stab wounds to the neck and abdomen. DNA retrieved from a baseball cap found near the vehicle was linked to the defendant, who was Marie’s estranged husband. During the investigation, law enforcement determined that Pheasant killed Marie at their home, then transferred her body to the car, drove it to Big Cove Road, and set it on fire. By today’s guilty plea, Pheasant admitted to murdering Marie willfully, deliberately, maliciously, and with premeditation.
On April 7, 2022, following a review of unsolved homicides in the region, the Bureau of Indian Affairs’ Missing and Murdered Unit (MMU) opened a full interagency investigation into the case. Today’s guilty plea is the result of the joint investigation conducted by the MMU, the FBI in North Carolina, the North Carolina State Bureau of Investigation, the North Carolina State Highway Patrol, the Cherokee Indian Police Department, and the EBCI Office of the Tribal Prosecutor.
Pheasant remains in federal custody. At sentencing, Pheasant faces a statutorily required sentence of life in prison. A sentencing date has not been set.
Assistant United States Attorney Alex M. Scott of the U.S. Attorney’s Office in Asheville is prosecuting the case.
The Department of Justice and the U.S. Attorney’s Office for the Western District of North Carolina continue to prioritize the investigation and prosecution of cases involving Missing or Murdered Indigenous Persons (MMIP) and bringing justice to victims and their families. For more information about the Justice Department’s efforts to address the MMIP crisis, please visit the MMIP section of the Tribal Safety and Justice website at: https://www.justice.gov/tribal/mmip.
Southern Oregon Restaurant Sentenced in Federal Court for Stealing Covid Relief Program FundsRead the Press Release
PORTLAND, Ore.—A southern Oregon restaurant was sentenced in federal court today for stealing more than $759,000 in federal funds intended to help small businesses during the Covid-19 pandemic.
Amigos Mexican Cuisine & Cantina LLC, formerly located outside of Medford, Oregon, was sentenced to pay a criminal fine of $200,000 and $759,100 in restitution to the U.S. Small Business Administration (SBA).
In a separate civil proceeding, Amigos was ordered to pay $1.6 million to settle a related False Claims Act allegation.
According to court documents, in a 13-month period beginning in April 2020, Amigos submitted five fraudulent loan applications to steal more than $759,000 from three Covid-19 pandemic relief programs: the Paycheck Protection Program, Economic Injury Disaster Loan program, and the Restaurant Revitalization Fund. Amigos made numerous false statements on these applications, including claiming its owners did not own other businesses, providing inaccurate company financials, and falsely attesting that the company was not engaged in any illegal activity. The company further falsely claimed on a loan forgiveness application that it had used the funds received for payroll. In reality, each time the company received a disbursement of federal funds, its owners would transfer the money to their personal bank accounts for use on various personal expenses.
On April 29, 2024, Amigos pleaded guilty to a one-count criminal information charging the company with stealing public money.
This case was investigated by the SBA Office of Inspector General and U.S. Postal Inspection Service. It was prosecuted by Meredith Bateman, Assistant U.S. Attorney for the District of Oregon. Assistant U.S. Attorney Alexis Lien represented the United States in Amigos’ False Claims Act proceeding.
Rochester man sentenced for his roles in illegal sports betting ringRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that James Civiletti, 33, of Rochester, NY, who was convicted of conspiracy to transmit wagering information in interstate commerce and conduct an illegal gambling business, was sentenced to serve one year probation by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Meghan K. McGuire and Melissa M. Marangola, who handled the case, stated that between April 25, 2019, and April 17, 2021, Civiletti conspired with Louis Ferrari, II, Dominic Sprague, Anthony Amato, Tomasso Sessa, Joseph Lombardo, Jeffrey Boscarino, and others, to finance, manage, and own all or part of an illegal bookmaking business, which had a gross daily revenue of approximately $2,000.00. Ferrari, Sprague, Boscarino, and Lombardo collected gambling winnings from individual bettors and paid gambling losses to individual bettors in cash and through online payment applications, including CashApp, PayPal, Venmo, and Zelle. After Sprague, Boscarino, and Lombardo collected gambling winnings from individual bettors, they kept a portion of those winnings and paid the remainder to Ferrari. Civiletti and Sessa also collected gambling winnings from and paid gambling losses to individual bettors in cash and through online payment applications, including CashApp, PayPal, Venmo, and Zelle. After Civiletti and Sessa collected gambling winnings from individual bettors, they paid the winnings to Sprague and Ferrari.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Internal Revenue Service, Criminal Investigation, under the direction of Special Agent-in-Charge Thomas Fattorusso, the New York State Police, under the direction of Major Miklos Szoczei II, the Greece Police Department, under the direction of Chief Michael Wood, and the Rochester Police Department, under the direction of Chief David Smith. Additional assistance was provided by the Monroe County District Attorney’s Office.
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Richland Sex Offender Sentenced to 15 Years in Federal Prison on Child Pornography ChargesRead the Press Release
Vanessa R. Waldref, United States Attorney for the Eastern District of Washington, announced that Gerald Alan Nott, age 63, of Richland, Washington, was sentenced after pleading guilty to one count of Receipt of Child Pornography. United States District Judge Mary K. Dimke imposed a sentence of 180 months (15 years) imprisonment to be followed by a lifetime term of supervised release.
According to court documents and information presented at the sentencing hearing, between December of 2022 and March of 2023, a Southeast Regional Internet Crimes Against Children (SER-ICAC) detective developed information that Nott, who is a registered sex offender, was using the internet at his parent’s home in Richland, Washington to distribute child pornography. The more than 1600 image and video files depicted young children, including those approximately one to four years old, being sexually abused.
On March 16, 2023, detectives executed a search warrant at the home where Nott had accessed the internet. Nott told officers that he thought police might be coming to talk to him, so he attempted to delete the files containing child pornography from his tablet. Nott also admitted to hiding the tablet behind a cabinet. That same day, SER-ICAC officers executed a search warrant at Nott’s residence in Richland and seized a second tablet. A certified forensic examiner with SER-ICAC examined both tablets and located more than 100 video and image files of child pornography.
“This sentence sends a powerful reminder to Mr. Nott and others like him: Crimes that exploit children cannot, and will not be tolerated,” stated U.S. Attorney Waldref. “Mr. Nott ignored the conditions of his release and used the internet to view and distribute horrific depictions of young children being abused. However, thanks to the dedicated work of the Southeast Regional Internet Crimes Against Children Task Force and prosecutors from my office, we were able to hold Mr. Nott accountable and prevent him from further victimizing the most vulnerable among us.”
“HSI’s resolve to protect children from exploitation is unwavering,” said Special Agent in Charge Robert Hammer, who oversees HSI operations in the Pacific Northwest. “This sentencing is a critical reminder of our relentless pursuit of justice for the youngest and most vulnerable victims. Each image he possessed represents a child’s suffering, and our work is driven by a profound commitment to ensuring these children are safeguarded. We will continue to use every tool at our disposal to hold offenders accountable and prevent future abuse.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
This case was investigated by the Southeast Regional ICAC Task Force, consisting of Homeland Security Investigations and the Richland and Kennewick Police Departments. This case was prosecuted by Assistant United States Attorney Laurel Holland.
Registered Sex Offender Admits Possessing Child PornographyRead the Press Release
ST. LOUIS – A registered sex offender from Lake St. Louis, Missouri on Thursday admitted possessing child pornography.
Timothy Ray Dirck, 53, admitted possessing child sexual abuse material between Nov. 1, 2022, and May 3, 2023. Dirck was using peer-to-peer software that made that material available for download. On March 20, 2023, a Homeland Security Investigations special agent was able to download child sexual abuse material and traced the computer to Dirck’s address. During a court-approved search of the home, Dirck admitted possessing images and videos containing child pornography on his laptop. The computer was actively downloading and uploading files consistent with child pornography at the time of the search.
Dirck pleaded guilty Thursday in U.S. District Court in St. Louis to count of possession of child pornography. He is scheduled to be sentenced Feb. 20, 2025. Both sides have agreed to recommend a 10-year prison sentence.
Homeland Security Investigations, with assistance from the Saint Charles County Police Department and the Lake Saint Louis Police Department investigated the case. Assistant U.S. Attorney Nathan Chapman is prosecuting 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.
Previously Convicted Felon from McKees Rocks Sentenced to 12 Years in Prison for Drug Trafficking and Firearms ViolationsRead the Press Release
PITTSBURGH, Pa. – A resident of McKees Rocks, Pennsylvania, was sentenced in federal court on August 15, 2024, to 12 years of prison on his convictions for possession with intent to distribute 50 grams or more of a mixture containing methamphetamine and fentanyl, possessing a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a convicted felon, United States Attorney Eric G. Olshan announced today.
Senior United States District Judge Nora Barry Fischer imposed the sentence on Reginald Bernard Blunt, 32.
According to information presented to the Court, an investigation by the Federal Bureau of Investigation and Pennsylvania State Police between August 2022 and June 2023 into a drug trafficking organization operating in McKees Rocks revealed that Blunt was a member of the organization and lived at a residence where firearms and controlled substances were being stored. On June 14, 2023, law enforcement executed a federal search warrant upon that residence and recovered from Blunt’s bedroom a backpack containing two prescription pill bottles bearing Blunt’s name, a loaded handgun containing 17 rounds of ammunition, and a “Glock switch” that, when attached to the handgun, would render the firearm fully automatic. Law enforcement also recovered from the residence approximately 60 grams of a fentanyl and methamphetamine mixture, 20 grams of fentanyl, and approximately 1,000 rounds of ammunition, in addition to seizing $4,300.
The firearm recovered by law enforcement was determined to be the same one that Blunt—who has previous felony drug trafficking and firearms convictions—had used just before law enforcement responded to a call at Blunt’s residence nearly one month earlier, where it was reported that two individuals were fighting and that one of the individuals possessed a gun. Traffic camera footage of this May 16, 2023, incident obtained by investigators in preparation for the federal search warrant revealed Blunt repeatedly pointing a firearm at an adult male who was accompanied by a child, with the adult carrying the child while ducking behind a vehicle to avoid Blunt as he pointed the firearm. The footage further recorded Blunt permitting the adult to place the child in the vehicle before Blunt brought the individual back to his residence, where, on the porch, the two males began exchanging punches. Federal law prohibits possession of a firearm or ammunition by a convicted felon.
Assistant United States Attorney Brendan J. McKenna prosecuted this case on behalf of the government.
United States Attorney Olshan commended the Federal Bureau of Investigation and Pennsylvania State Police for the investigation leading to the successful prosecution of Blunt.
Previously Convicted Felon Returns to Federal PrisonRead the Press Release
ATLANTA - Mamadou D’Jire, a previously convicted felon, has been sentenced to federal prison for possessing a firearm while illegally selling drugs, damaging a government vehicle while fleeing from law enforcement, and for violating the terms of his supervised release.
“D’Jire is a dangerous felon who resumed his criminal activity shortly after being released from prison,” said U.S. Attorney Ryan K. Buchanan. “This successful prosecution is the result of the collaborative work of our federal, state, and local law enforcement partners whose investigation and apprehension of D’Jire make our community safer.”
“Criminals must understand that there are serious repercussions for the illegal possession of firearms,” said ATF Assistant Special Agent in Charge Alicia D. Jones. “The ATF and our law enforcement partners will contribute all necessary time and effort to ensure criminals are brought to justice.”
According to U.S. Attorney Buchanan, the charges and other information presented in court: On June 14, 2022, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) special agents, and law enforcement officers with the DeKalb County, Georgia, Police Department, surveilled a gas station on Hairston Road in Stone Mountain, Georgia, when they saw Mamadou D’Jire make several marijuana sales.
As D’Jire departed the gas station driving a white Nissan Altima, a Dekalb County police officer pulled behind the Altima and attempted to conduct a traffic stop. D’Jire pulled into an apartment complex where children were playing outside, but he refused to come to a complete stop. ATF agents then used their government vehicle to block the Altima. As the agents exited their vehicle, D’Jire accelerated, crashed into the agents’ vehicle, and smashed the driver’s side door, causing extensive damage.
D’Jire then fled the scene but was quickly apprehended and placed under arrest. Agents searched the vehicle D’Jire was driving and found a semi-automatic 9mm caliber pistol with an extended magazine, ammunition, marijuana packaged for sale, and a federal supervised release identification card. D’Jire, a convicted felon, was released from prison approximately a month prior to committing these offenses. He had been previously convicted of three violent felonies, including two burglaries and an armed robbery.
Mamadou D’Jire, 29, of Stone Mountain, Georgia, was sentenced by U.S. District Judge Steve C. Jones to 12 years in prison to be followed by three years of supervised release. He was also ordered to pay restitution in the amount of $6,631.99. D’Jire was convicted of destruction of government property and possession of a firearm in furtherance of a drug trafficking crime on May 14, 2024, after he pleaded guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with valuable assistance provided by the DeKalb County Police Department and the Georgia State Patrol.
Assistant U.S. Attorney Bethany L. Rupert 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.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Pittsburgh Man Sentenced to 15 Years in Prison for Trafficking of Fentanyl, Fluorofentanyl, and CocaineRead the Press Release
PITTSBURGH, Pa. – A resident of Pittsburgh, Pennsylvania, was sentenced in federal court on August 15, 2024, to 15 years of imprisonment on his convictions for conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl, 100 grams or more of fluorofentanyl, and 500 grams or more of cocaine, as well as to possess with intent to distribute a quantity of fentanyl, United States Attorney Eric G. Olshan announced today.
United States District Judge William S. Stickman IV imposed the sentence on Andre Nunley, 50.
According to information presented to the Court, between June 2022 and December 2023, Nunley was the subject of a joint investigation by federal, state, and local law enforcement operating under the High Intensity Drug Trafficking Areas (HIDTA) program in Beaver County. As part of the investigation, law enforcement seized over 500 grams of cocaine from a mid-level drug dealer as he left a brief meeting with Nunley. In January 2023, law enforcement executed federal search warrants upon both of Nunley’s known stash houses, resulting in the seizure of approximately 15,000 counterfeit oxycodone pills, 4,200 stamp bags, 40 boxes containing empty glassine bags, and bulk U.S. currency. A laboratory confirmed that the seized substances contained about 1,352 grams of fentanyl, 797 grams of a fluorofentanyl and fentanyl mixture, and 199 grams of fluorofentanyl. Fluorofentanyl and fentanyl are Schedule I and II controlled substances, respectively.
Following that seizure, law enforcement continued to investigate Nunley’s drug trafficking operation and identified a third residence used by Nunley. In December 2023, law enforcement intercepted a parcel addressed to that residence, which contained about two kilograms of fentanyl. During a controlled delivery operation of the seized parcel to the third residence, law enforcement encountered Nunley, who confessed to expecting a parcel containing drugs.
Assistant United States Attorney Brendan J. McKenna prosecuted this case on behalf of the government.
United States Attorney Olshan commended the Drug Enforcement Administration, Pennsylvania Office of Attorney General, and United States Postal Inspection Service for the investigation leading to the successful prosecution of Nunley.
Owner and Operator of Mid South Retirement Services in Boyce Pleads Guilty to Wire Fraud ChargeRead the Press Release
ALEXANDRIA, La. – United States Attorney Brandon B. Brown announced that Jerry O. Pearson, 61, appeared in the Western District of Louisiana today and pleaded guilty to one count of wire fraud. United States District Judge Dee D. Drell presided over the hearing today in Alexandria.
The investigation of this case by agents with the Federal Bureau of Investigation revealed that from 2012 to 2021, Pearson was the owner/operator of Mid South Retirement Services LLC (“Mid South”) located in Boyce, Louisiana. As owner/operator of Mid South, Pearson managed Self Directed Individual Retirement Accounts (SDIRA). A SDIRA is an IRA held by a custodian that allows investment in a wider range of assets than most conventional IRA custodians permit. Mid South served as the custodian of Self-Directed IRAs and managed approximately $40,000,000 in assets.
Pearson created a scheme to defraud clients wherein he would take funds that Mid South was holding as the custodian, and transfer them to other accounts he controlled, without the client’s permission. In total, during the scheme, Pearson transferred $3,431,152.21 in client funds from the Mid South client funding bank account to other accounts he controlled. Pearson then used the funds for himself, as well as the benefit of his family and other companies that he controlled. In order to keep the scheme from being detected, Pearson would misrepresent to clients that he was investing the funds as they had directed, when, in fact, he was taking the money.
Pearson faces a sentence of up to 20 years in prison, 3 years of supervised release, and a fine of up to $250,000. The sentencing hearing for Pearson has been scheduled for December 3, 2024, at 1:30 p.m.
The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Seth D. Reeg. The Louisiana Office of Financial Institutions was also involved in the investigation.
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Orlando Man Sentenced to 50 Years in Federal Prison for Producing Child Sexual Abuse VideosRead the Press Release
Orlando, FL – U.S. District Judge Wendy W. Berger has sentenced Brian Hamilton (43, Orlando) to 50 years in federal prison for production and receipt of child sexual abuse material. Hamilton pleaded guilty on March 27, 2024.
According to court documents, tips about a user distributing child sexual abuse material online led the FBI to Hamilton. After the FBI executed a search warrant at Hamilton’s residence on October 11, 2023, they located numerous videos of child sexual abuse material on Hamilton’s laptop, some of which had been produced by Hamilton. Hamilton admitted that he had sexually abused one of the child victims in the videos and stated that he had done so to “get even” with the child’s parent. Hamilton also admitted to sexually abusing the child victim on multiple occasions, including in a public restroom.
“Compassion for the victims is what drives our agents to work these incredibly disturbing cases. While today’s sentencing ensures the end of this defendant’s despicable crime, the FBI continues its effort to expose those preying on the innocent and make certain justice is served,” said FBI Tampa Division Special Agent in Charge Matthew Fodor.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Stephanie McNeff.
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 Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Omaha Man Sentenced to 33 Months for Assaulting an Offutt AFB Airman with a Deadly WeaponRead the Press Release
United States Attorney Susan T. Lehr announced that Robert A. Williams, age 29, of Omaha, Nebraska was sentenced on August 16, 2024, in federal court in Omaha for assault on a federal officer with a dangerous or deadly weapon. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Williams to 33 months’ imprisonment. There is no parole in the federal system. After his release from prison, Williams will be required to complete a 3-year term of supervised release.
On November 30, 2023, Williams drove a blue Honda CR-V to the USSTRATCOM gate at Offutt Air Force Base. He stopped at the entry control point (ECP) as directed by entry controllers, both of whom were uniformed U.S. Air Force Security Forces Airmen. An entry controller, suspecting that Williams was driving under the influence, placed a cone in front of the CR-V. Williams ran over the cone and drove onto the installation at a high rate of speed. Controllers activated barriers past the ECP and Williams was forced to U-turn at least twice, eventually speeding back toward the ECP. The two controllers attempted to stop the CR-V while it was headed towards them. Williams narrowly missed hitting one of the Airmen and both were forced to move out of the way of the CR-V. The controllers were placed in immediate danger as the CR-V approached, and they fired rounds into the vehicle. Williams nonetheless drove the CR-V back through the ECP and off the installation.
Investigators determined that Williams purchased the CR-V from a used car dealer two days prior to the incident and subsequently located it at Williams’s address in Omaha. Once investigators learned his identity, Williams was positively identified as the driver of the CR-V by the Airmen at the ECP and through video evidence of the encounter at the ECP. A motor vehicle is considered a deadly or dangerous weapon when driven in a manner likely to endanger lives.
This case was investigated by the Federal Bureau of Investigation, the Air Force Office of Special Investigations, and the 55th Wing Security Forces Squadron at Offutt Air Force Base.
Ocala Man Arrested for Attempted Enticement of A MinorRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces the arrest of Scott Alan Colson (59, Ocala) on an indictment charging him with attempted enticement of a minor. If convicted, Colson faces a minimum mandatory sentence of 10 years, up to life, in federal prison. A federal grand jury indicted Colson on August 6, 2024. His case is set for trial in October 2024 before U.S. District Judge Thomas Patrick Barber.
According to court records, on July 24, 2024, a Marion County Sheriff’s Office (MCSO) undercover detective posed as a 15-year-old girl on an online messaging application. Colson contacted the undercover detective’s account and inquired as to whether the fictional minor had ever been with older men and asked to meet her. He told her, “You keep secrets if we meet up.” Colson then engaged in a sexually explicit conversation with the undercover detective. During the conversation, Colson asked the fictional minor to “make it easy to get down ur pantys.” The following day, they agreed to meet at a predetermined location in Marion County. When Colson drove to the location, he was arrested by law enforcement. An examination of Colson’s cellphone revealed child sexual exploitation materials.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by Homeland Security Investigations and the Marion County Sheriff’s Office. This case is being prosecuted by Hannah Nowalk.
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 Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Ocala Gang Member Sentenced to Federal Prison for Possessing A Firearm as A Convicted FelonRead the Press Release
Ocala, Florida – Senior United States District Judge John Antoon II has sentenced Clinton Darnelle Kaham (24, Ocala) to 20 months in federal prison for possessing a firearm as a convicted felon. Kaham pleaded guilty in February 2024.
According to court records, on July 6, 2022, officers from the Ocala Police Department discovered Kaham, a gang member, in possession of a loaded firearm. The firearm had previously been reported stolen in Marion County. A subsequent FBI forensic analysis found very strong support that Kaham was the source of the DNA profile developed from the trigger, grip, frame, and trigger guard of the firearm. At the time he possessed the firearm, Kaham was a convicted felon for possession of heroin (2021). As a convicted felon, Kaham is prohibited from possessing firearms and ammunition under federal law.
This case was investigated by the Ocala Police Department and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Hannah Nowalk.
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.
Nurse Practitioner Pleads Guilty to Unlawful Drug DistributionRead the Press Release
ALBANY, NEW YORK – Christopher Viagrande, age 42, of Latham, New York, pled guilty today to distributing controlled substances outside the course of professional practice and for no legitimate medical purpose.
United States Attorney Carla B. Freedman and Special Agent in Charge Frank A. Tarentino III, U.S. Drug Enforcement Administration (DEA), New York Division, made the announcement.
Viagrande admitted that from May 2021 through January 2024, he issued a total of 149 controlled substance prescriptions, to a total of five people, for no legitimate medical purpose. Viagrande also admitted to improperly issuing an additional 28 controlled substance prescriptions, to two people, from June 2019 to April 2020. Nearly all of the prescriptions were for amphetamine.
Viagrande admitted to prescribing dangerous amounts of amphetamine to someone (identified in court papers as “Individual-1”) who was not seeing him for patient visits in 2023 and 2024, while he also failed to keep medical records for Individual-1 and ignored indications that she was abusing the drug.
Viagrande also admitted to regularly prescribing amphetamine to “Individual-2” at Individual-1’s request, even though Individual-2 was never his patient. Viagrande admitted to ignoring indications that Individual-1 was picking up Individual-2’s prescriptions at pharmacies.
At sentencing, before Senior United States District Judge Frederick J. Scullin, Jr., Viagrande faces up to 20 years in prison and a fine of up to $1 million, as well as at least 3 years of post-imprisonment supervised release. 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.
As part of his plea agreement, Viagrande surrendered his DEA registration, which had allowed him to prescribe controlled substances.
The DEA’s Tactical Diversion Squad (TDS) investigated this case. TDS is comprised of DEA Special Agents and Diversion Investigators, as well as Investigators from the New York State Department of Health, Bureau of Narcotic Enforcement. Assistant U.S. Attorney Michael Barnett is prosecuting this case.
Northern District of California Bankruptcy Court Extends Sexual Abuse Claims Bar Deadline in Bankruptcy filed by Franciscan Friars of California, IncRead the Press Release
On July 11, 2014, in the United States Bankruptcy Court for the Northern District of California (“Court”), Oakland Division, Case No. 23-41723 WJL, the Court entered an order extending the General Bar Date, as defined in the Bar Date Order, to August 30, 2024, at 5:00 p.m. (Pacific Time). Debtor was ordered by the Court to serve the U.S. Attorney for the District of South Dakota with a copy of the Notice Package, and Debtor’s counsel requested that we post the provided Sexual Abuse Claim Notice Package. Attached is the Notice Package received as well as the Court order. The US Attorney’s Office for the District of South Dakota is not involved in this matter. For additional information, the “Notice of Extended Bar Date Requiring Filings of Proofs of Claim” indicates, in part, that you may contact Donlin Recano & Company, Inc. at (888) 444-4055 or email inquiries to [email protected].
Order Extending The Claims Bar Date and Granting Related Relief
order_from_bk_ct_-_ndca.pdfNiagara Falls father and son arrested on gun chargesRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Dustin McCarthy, Sr., 43, and his son, Dayzon McCarthy, 21, both of Niagara Falls, NY, were arrested and charged in separate criminal complaints with firearms trafficking, which carries a maximum penalty of 15 years in prison. In addition, Dayzon McCarthy is also charged with illegal transfer of a machine gun, which carries a maximum penalty of 10 years in prison.
Assistant U.S. Attorney Jeffrey E. Intravatola, who is handling the case, stated that according to the criminal complaints, between June 20 and August 12, 2024, the ATF and Niagara County Sheriff’s Office conducted four controlled purchases of firearms from Dayzon McCarthy, including a Glock .22 caliber pistol, a Beretta, a Davis Industries .380 caliber pistol and a “Ghost Gun” that included a 3D printed back plate auto sear, also known as a machinegun conversion device, attached to the firearm.
On July 23, 2024, investigators made a controlled purchase of a 9mm pistol from Dustin McCarthy. He has two previous felony convictions and is currently on pre-trial supervision related to federal narcotics trafficking charges.
The defendants made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer and were held pending a detention hearing on August 21, 2024.
The complaints are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, the Niagara County Sheriff’s Office, under the direction of Sheriff Michael Filicetti, and the Niagara Falls Police Department, under the direction of Superintendent Nicholas Ligammari.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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New York Man Sentenced to Prison for Role in Theft from Retiree’s Bank AccountRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that MAVANI COLEMAN, 44, of Brooklyn, New York, was sentenced today by U.S. District Judge Kari A. Dooley in Bridgeport to three months of imprisonment, followed by three years of supervised release, for his role in the theft of funds from a retiree’s bank account.
According to court documents and statements made in court, in 2018, Gregory Ivy, of New Haven, began working for a retired woman (“the victim”), doing odd jobs for her. In October 2018, Ivy began to steal checks from the victim’s checkbook while in her home. He then wrote checks payable to himself, forged the victim’s signature on the checks, and deposited the checks into his personal credit union account. Ivy subsequently gave stolen blank checks on which he had forged the victim’s signature to Coleman, and Coleman filled in the name of the payee and the amount to be paid. Ivy and Coleman initially agreed that they would arrange to deposit the checks into other persons’ bank accounts, and Ivy would receive half of the proceeds. Coleman, who worked with others to cash or deposit the stolen checks, would kick back to Ivy amounts typically ranging from $500 to $800. At times, Ivy did not receive his agreed-upon share of the proceeds.
Coleman also used the routing number and account number of the victim’s bank account to arrange electronic funds transfers (EFTs) from the victim’s account to make payments for himself, his business, his family members, and other friends and acquaintances.
Coleman worked with other individuals, including Lamont Bethea, to cash or deposit stolen checks on which Ivy had forged the victim’s signature, and Bethea also used the routing and account number to arrange EFTs from the victim’s account to make payments for himself and others. Bethea also provided the routing and bank account numbers to other individuals so they could arrange similar EFTs for themselves and others from the victim’s account.
Coleman, Ivy, Bethea and other participants attempted to obtain a total of $624,818.28 from the victim’s bank account. Because the victim’s bank account became overdrawn, some attempted check deposits or EFTs were reversed, resulting in a loss to the victim of $479,569.08. Coleman personally stole $33,869 from the victim during his involvement in the scheme.
Judge Dooley ordered Coleman to pay restitution of $248,423.09, which includes money stolen from the account by Coleman and other individuals working with Coleman.
Coleman was arrested on April 6, 2023. On February 14, 2024, he pleaded guilty to bank fraud.
Coleman, who is released on a $50,000 bond, is required to report to prison on October 16, 2024.
Ivy and Bethea previously pleaded guilty and await sentencing.
This investigation is being conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney David J. Sheldon.
The Justice Department has established a National Elder Fraud Hotline to provide services to seniors who may be victims of financial fraud. The Hotline is staffed by experienced case managers who can provide personalized support to callers. Case managers assist callers with reporting the suspected fraud to relevant agencies and by providing resources and referrals to other appropriate services as needed. When applicable, case managers will complete a complaint form with the Federal Bureau of Investigation Internet Crime Complaint Center (IC3) for Internet-facilitated crimes and submit a consumer complaint to the Federal Trade Commission on behalf of the caller. The Hotline’s toll free number is 833-FRAUD-11 (833-372-8311). For more information, please visit. https://ovc.ojp.gov/program/stop-elder-fraud/providing-help-restoring-hope.
Mother of Minor Who Died of a Drug Overdose Sentenced for Making False Statements to Law Enforcement OfficersRead the Press Release
SAN JUAN, Puerto Rico – On August 15, 2024, Melanie Cruz Clivilles was sentenced by United States District Court Judge María Antongiorgi-Jordan to 48 months in prison, followed by three years of supervised release, for making false statements to a task force officer of the United States Department of Homeland Security Investigations (HSI) in relation to a criminal investigation.
Defendant Melanie Cruz Clivilles was the mother of 13-year-old female minor G.L.C.C. who died of a drug overdose in August of 2023 and had been brought by 26-year-old Bryan Xavier Pérez Hernández to the hospital. Bryan Xavier Pérez Hernández was charged with production of child exploitation material and drug trafficking in relation to the deceased minor.
According to court documents, Bryan Xavier Pérez Hernández attempted to induce, entice, and coerce 13-year-old female minor G.L.C.C., to engage in sexually explicit conduct for the purpose of producing child exploitation material. Pérez Hernández was also charged with possession with intent to distribute cocaine, conspiracy to distribute cocaine, and distribution of cocaine to a minor. Pérez Hernández plead guilty on April 18, 2024, and is scheduled to be sentenced on August 20, 2024.
Melanie Cruz Clivilles, mother of G.L.C.C., was charged with lying to a federal law enforcement agent. Cruz Clivilles made a materially false, fictitious, and fraudulent statement and representation by falsely stating to a Task Force Officer of the United States Department of Homeland Security Investigations that she first met Bryan Xavier Pérez Hernández at the hospital on August 4, 2023, where he arrived with defendant’s deceased daughter G.L.C.C. The statement and representation was false because, as she then and there knew, she had met Pérez Hernández at the latest in July of 2023, and had been with him during a meeting on August 3, 2023.
U.S. Attorney W. Stephen Muldrow of the District of Puerto Rico; and Rebecca González-Ramos, Special Agent in Charge of Homeland Security Investigations made the announcement.
Homeland Security Investigations and the Puerto Rico Police Bureau investigated the case.
Assistant U.S. Attorney Jenifer Hernández Vega, Chief of the Child Exploitation and Immigration Unit prosecuted the case.
For more information about HSI’s efforts to protect children from sexual predators, visit https://www.ice.gov/topics/iGuardians; and to denounce suspicious activities call 787-729-6969.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Mercer County Accounting Professor Found Guilty of Tax Evasion and Filing False Tax ReturnsRead the Press Release
TRENTON, N.J. – A Mercer County, New Jersey, man was convicted of evading federal income taxes and filing false tax returns, U.S. Attorney Philip R. Sellinger announced today.
Gordian A. Ndubizu, 69, of Princeton Junction, New Jersey, was convicted on Aug. 15, 2024, of all eight counts of an indictment charging him with four counts of tax evasion and four counts of filing false tax returns in tax years 2014 through 2017. The jury deliberated for two hours before returning the guilty verdict following a four-day trial before U.S. District Judge Zahid N. Quraishi in Trenton federal court.
According to documents filed in this case and the evidence at trial:
During tax years 2014 through 2017, Ndubizu was a professor of accounting at a university in Pennsylvania as well as the co-owner of Healthcare Pharmacy in Trenton, New Jersey. Healthcare Pharmacy was organized as an S corporation, the income of which flowed through to Ndubizu and his wife and was to be reported on their personal income tax returns. Ndubizu prepared fraudulent books and records for Healthcare Pharmacy inflating the pharmacy’s costs of goods sold to reduce and underreport the pharmacy’s actual profits flowing through to Ndubizu and his wife. In the fraudulent books and records, among other things, Ndubizu identified certain wire transfers as payments to purchase goods sold by the pharmacy when these wire transfers were in fact made to personal bank accounts under Ndubizu’s control and to bank accounts in Nigeria associated with an automotive company under Ndubizu’s control. Each of Ndubizu’s tax returns for tax years 2014 through 2017 falsely underreported his income and falsely reported that he had no financial interest in or signature authority over any foreign bank accounts. Ndubizu failed to report approximately $3.28 million in income from the pharmacy, resulting in the evasion of approximately $1.25 million in tax due and owing.
Each count of tax evasion carries a maximum potential penalty of five years in prison and a maximum fine of $250,000. Each count of filing a false tax return carries a maximum potential penalty of three years in prison and a maximum fine of $250,000.
U.S. Attorney Sellinger credited special agents of IRS-Criminal Investigation Division, under the direction of Special Agent in Charge Jenifer L. Piovesan in Newark, with the investigation leading to the guilty verdict. He also thanked special agents of the Drug Enforcement Administration, and officers of the Trenton Police Department and Mercer County Prosecutor’s Office.
The government is represented by Assistant U.S. Attorneys Alexander E. Ramey and Ashley Super Pitts of the U.S. Attorney’s Office Criminal Division in Trenton.
McAlester Resident Sentenced to 92 Months for Possessing Stolen FirearmsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Carl Ray Holland, age 35, of McAlester, Oklahoma, was sentenced to 92 months in prison for one count of Possession of Stolen Firearms.
The charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On November 9, 2022, Holland pleaded guilty to the charge. According to investigators, on August 1, 2022, ATF agents investigating the burglary of a local firearms business received information about Holland’s possible involvement. Agents approached Holland, who denied being involved in the burglary but gave consent to search his residence for the missing firearms. During the search, agents recovered eight of the missing firearms hidden in Holland’s refrigerator.
“Enforcing federal firearm regulations is a crucial part of protecting the Second Amendment rights of law-abiding citizens and ensuring public safety,” said United States Attorney Christopher J. Wilson. “Mr. Holland’s attempt to jeopardize public safety by possessing firearms stolen from a licensed dealer is a crime deserving of this sentence.”
“No one likes a thief, especially one that steals firearms from lawful owners. Mr. Holland tried to be sneaky and play hide and seek with the police. Unfortunately for him, most of the time we find what we are looking for. I’d like to thank all those involved in bringing him to justice, especially the United States Attorney’s Office in the Eastern District of Oklahoma. Because of their efforts, Mr. Holland will now have 92 months in the Federal penitentiary to think of better hiding spots than a refrigerator,” stated ATF Dallas Field Division Special Agent in Charge Jeffrey C. Boshek II.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing. Holland 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 United States Attorney Edith A. Singer represented the United States.
Man convicted for Springfield mail theft ringRead the Press Release
ALEXANDRIA, Va. – A federal jury convicted a Springfield man yesterday on three charges of possessing and receiving stolen mail.
According to court records and evidence presented at trial, Kenshaun Thompson, 26, participated in a conspiracy to steal mail on several occasions in October 2023. Thompson’s co-conspirator, Adam Bekele, 33, of Annandale, accessed several mailboxes including the mailbox at the West Springfield Post Office on Rolling Road and took the mail from the box into a vehicle. On multiple occasions, and specifically on Oct. 24, 25, and 26, 2023, Bekele transported the stolen mail to an apartment in Falls Church where he transferred it to Thompson, who knew when he received the mail that it had been stolen.
On Feb. 22, Bekele pled guilty to conspiracy to commit mail theft. He faces a maximum penalty of five years in prison when he is sentenced on Oct. 3.
Thompson faces a maximum of 15 years, five years for each count of receiving stolen mail in prison when sentenced on Dec. 5. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Damon E. Wood, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, made the announcement after U.S. District Judge Patricia Tolliver Giles accepted the verdict.
Assistant U.S. Attorney Alessandra Serano and Special Assistant U.S. Attorney Antara Saikat Joardar are prosecuting the case. Special Assistant U.S. Attorney Andrew Hiller provided valuable assistance on this case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:24-cr-137.
Man Pleads Guilty to Carjacking of Delivery Driver and Related Firearm OffenseRead the Press Release
WASHINGTON – Dennis Vanison, 31, of Oxon Hill, Maryland, pleaded guilty to one count of carjacking and one count of carrying a pistol without a license, announced U.S. Attorney Matthew M. Graves and Chief Pamela Smith, of the Metropolitan Police Department (MPD).
Vanison entered his guilty plea on August 13, 2024, in the Superior Court of the District of Columbia before the Honorable Robert A. Salerno. Judge Salerno scheduled sentencing for November 15, 2024. Carjacking carries a mandatory minimum term of seven years of incarceration.
During the plea hearing, Vanison admitted that he and an unidentified accomplice carjacked a food delivery driver on May 2, 2023. The victim had just dropped off a delivery in the 2400 block of Wagner Street Southeast when Vanison’s accomplice stole items from the victim’s car. When the victim went to retrieve his belongings, Vanison and his accomplice attacked the victim and attempted to take his phone. During the attack, the accomplice produced a gun and pointed it at the victim, and at Vanison’s direction, snatched the victim’s keys from his pocket. Vanison and his accomplice then fled the scene, driving away in their car and the victim’s car, respectively.
The next morning, members of the D.C. Fire and Emergency Medical Services Department encountered Vanison inside an SUV several feet from the victim’s car, which was parked and idling in an alley. Vanison’s cellphone and keychain were found inside the victim’s car, and a fully-loaded pistol was found at Vanison’s feet inside the SUV. Vanison was apprehended on May 3, 2023, and has been in custody ever since.
This case is being investigated by the Metropolitan Police Department and is being prosecuted by Assistant United States Attorneys John Parron and Daniel Bromwich.
Lynn Man Sentenced for Drug TraffickingRead the Press Release
BOSTON – A Lynn man was sentenced today in federal court in Boston for participating in a North Shore-based drug trafficking organization (DTO) that allegedly distributed tens of thousands of counterfeit prescription pills containing fentanyl and methamphetamine.
Christopher Tejeda, 23, was sentenced by U.S. District Court Chief Judge Dennis F. Saylor IV to one year and a day in prison followed by three years of supervised release, with the first year to be served in home confinement. In February 2024, Tejeda pleaded guilty to one count of conspiring to distribute and to possess with intent to distribute controlled substances.
According to court documents, the DTO distributed counterfeit oxycodone pills containing fentanyl and counterfeit Adderall pills containing methamphetamine, among other things, to various individuals in the Lynn area.
On behalf of the DTO, and at the direction of his relative, Javier Bello, Tejada picked up, transported and delivered controlled substances to various individuals as well as collected and delivered proceeds from drug sales. This included collecting counterfeit oxycodone pills containing fentanyl from Lawrence Nagle Sr.,. Bello, meanwhile, supervised Tejeda as well as several other individuals in the DTO.
Bello pleaded guilty in May 2024 and is scheduled to be sentenced on Sept. 9, 2024. In August 2024, Nagle Sr., was sentenced to 151 months in prison to be followed by five years of supervised release.
Acting United States Attorney Joshua S. Levy; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Division; and John E. Mawn Jr., Interim Colonel of the Massachusetts State Police made the announcement today. Valuable assistance was provided by the Beverly, Everett, Peabody, Revere, Salem, Saugus and Swampscott Police Departments. Assistant U.S. Attorney Evan D. Panich of the Narcotics & Money Laundering Unit is prosecuting the case.
This effort 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.
The details contained in the indictment are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.