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Thursday 18 July 2024
Illegal Alien Sentenced to 24 Months for Illegally Possessing A FirearmRead the Press Release
Jacksonville, Florida –United States District Judge Marcia Morales Howard has sentenced Edgar Diaz Aquino (20, Jacksonville) to 24 months in federal prison, for being an illegal alien in possession of a firearm. Aquino pleaded guilty to that offense on March 28, 2024. Following his prison sentence, Aquino will be deported from the United States.
According to the court documents, on November 16, 2023, Aquino was involved in an altercation with his girlfriend. During the altercation, Aquino retrieved a Glock pistol with an extended magazine and discharged it five feet away from his girlfriend’s feet. When he was arrested by Jacksonville Sheriff’s Office officers, he admitted to possessing the firearm. Aquino was illegally present in the United States and admitted that he was a Honduran national and crossed into the United States through Mexico on April 2, 2019. Illegal aliens are prohibited under federal law from possessing firearms.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, and the Jacksonville Sherriff’s Office. The case was prosecuted by Assistant United States Attorney John Cannizzaro.
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.
Guilford Business Owner Pleads Guilty to Tax OffenseRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and Harry T. Chavis, Jr., Special Agent in Charge of IRS Criminal Investigation in New England, announced that MICHELLE ANN GILSON, 38, of Guilford, pleaded guilty today before U.S. District Judge Vernon D. Oliver in Hartford to a federal tax offense stemming from her failure to pay business payroll taxes.
According to court documents and statements made in court, Gilson co-owned and co-operated B&M Package Solutions, Inc. and formerly owned and operated Epic Empirez, Inc., both Guilford-based package delivery companies. As co-owner, Gilson was responsible for company books, payroll, and invoices, and for collecting and paying over certain federal taxes from her employees, namely federal income taxes and Federal Insurance Contribution Act (“FICA”) taxes, which include Medicare and Social Security taxes. She was also responsible for ensuring that B&M Package Solutions and Epic Empirez, as employers, paid their own share of FICA taxes. An investigation revealed that, beginning in 2017, Gilson failed to report employees’ federal income and FICA taxes, and failed to pay over withheld amounts.
Gilson pleaded guilty to one count of willful failure to pay over withholding taxes. In pleading guilty, Gilson admitted that she failed to pay over the withheld employee taxes, as well as the employers’ share of FICA taxes, for multiple quarters during the 2017 through 2022 tax years. Gilson has agreed to pay approximately $1,407,831 in restitution to the IRS.
Judge Oliver scheduled sentencing for October 9, at which time Gilson faces a maximum term of imprisonment of five years. She is released on bond pending sentencing.
This matter is being investigated by Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Elena L. Coronado.
Guatemalan Man Indicted for Traveling to New Jersey to Kidnap MinorRead the Press Release
CAMDEN, N.J. – A Guatemalan man was indicted by a federal grand jury for traveling to Cape May County, New Jersey, to kidnap a minor, U.S. Attorney Philip R. Sellinger announced today.
Sergio Gomez, aka “Abner Abigail Chub-Choc,” 22, of Guatemala, made his initial appearance today before U.S. Magistrate Judge Matthew J. Skahill in Camden federal court and was detained. Gomez was indicted on July 17, 2024, on one count each of enticement of a minor to engage in sexual activity, transportation of a minor to engage in sexual activity, and kidnapping.
According to the indictment:
Gomez used the internet and cellphone to entice a minor to engage in sexual activity. On July 30, 2023, Gomez arrived in Cape May County, New Jersey, and took the minor to Georgia with the intent to engage in sexual activity with the minor. The FBI recovered the minor in Georgia on Aug. 3, 2023.
The count of enticement of a minor to engage in sexual activity carries a mandatory minimum sentence of 10 years and a maximum sentence of 20 years in prison; the count of transportation of a minor to engage in sexual activity carries a mandatory minimum sentence of 10 years and a maximum sentence of life in prison; and the count of kidnapping carries a maximum sentence of life in prison. All of the counts also carry a maximum fine of $250,000 per count.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy, in Newark. He also thanked the Cape May County Prosecutor’s Office, Middle Township Police Department, FBI Atlanta office, and the Cherokee County, Georgia, Sheriff’s Office..
The government is represented by Special Assistant U.S. Attorney Katelyn R. Waegener of the U.S. Attorney’s Office Criminal Division in Camden.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
gomez_indictment.pdfGreen Bay Man Sentenced to 20 Years in Prison for Dealing Fentanyl Resulting in Death of 17-year oldRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on July 18, 2024, Senior U.S. District Judge William C. Griesbach sentenced Roosevelt T. Taylor (age: 36) to 20 years in prison after he pled guilty to Distributing Fentanyl Resulting in Death, in violation of Title 21, United States Code, Section 841.
According to court records, for at least several weeks in 2023, Taylor repeatedly distributed counterfeit Percocet® “M30” pills containing fentanyl in the Green Bay area. Taylor described himself as a “middler” who connected customers to a larger drug distributor. In that role, Taylor became responsible for putting hundreds of fake Percocet® pills into circulation, not knowing who would ultimately ingest the potentially lethal dose of fentanyl found in about 70% of such pills. During one fentanyl-trafficking offense, Taylor supplied “M30” pills to a 17-year-old female who used them and died of fentanyl toxicity. At the time, Taylor had a lengthy criminal history, including prior jail and prison sentences, and was on supervision in three separate felony cases for robbery, burglary, and delivery of heroin.
At the sentencing hearing, Judge Griesbach emphasized that trafficking fentanyl is distributing “poison.” The judge considered nationwide data that 7 in 10 counterfeit pills tested at DEA Crime Labs contain a lethal dose of fentanyl, that fentanyl is the leading cause of death for 18- to 45-year-olds, and that synthetic opiates like fentanyl cause over 73,000 deaths annually in the U.S.—equal to 200 deaths per day.
According to the DEA, illicit fentanyl remains the deadliest drug threat facing this country. It is a highly addictive synthetic opioid that is 50 times more potent than heroin and 100 times more potent than morphine. Just two milligrams of fentanyl—the amount that fits on the tip of a pencil—is considered a potentially deadly dose. The Sinaloa Cartel and Jalisco Cartel in Mexico, using chemicals largely sourced from China, are primarily responsible for most of the fentanyl that is being trafficked in communities across the United States.
This case was investigated by the Brown County Drug Task Force, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorney Timothy Funnell.
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Gang Member Sentenced to 2 Years in Prison for Illegal Firearms TraffickingRead the Press Release
FRESNO, Calif. — Juan Banda Jr., 44, of Selma, was sentenced yesterday by U.S. District Judge Dale A. Drozd to 2 years in prison for engaging in the business of manufacturing and dealing firearms without a license, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between Feb. 1, 2022, and March 15, 2023, Banda and Arthur Garcia, 22, of Selma, engaged in the business of dealing and manufacturing firearms. He engaged in the repetitive purchase and resale of firearms for the principal purpose of profit and did not possess a valid Federal Firearms License. Banda admitted membership in the Vario Selma Rifa Bulldog gang when he was arrested.
On March 15, 2023, a search warrant was executed at Banda’s residence and the following was seized: three completed AR-15 style rifles, a Springfield XD 9, a gray and black privately-manufactured handgun, four privately manufactured rifle lower receivers with trigger assemblies, as well as firearm parts and ammunition. Messages revealed dozens more firearms previously manufactured and trafficked by Banda, many of which were earmarked for distribution to gang members.
This case is the product of an investigation by the FBI, the Multi-Agency Gang Enforcement Consortium (MAGEC), and the Fresno Police Department. Assistant U.S. Attorney Robert Veneman-Hughes is prosecuting the case.
Garcia is scheduled for a status conference on Aug. 28, 2024. The charges against him are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
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 U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.
Gang Member Admits Racketeering ChargeRead the Press Release
NEWARK, N.J. – A member of the Rollin’ 60s Neighborhood Crips gang admitted his role in a racketeering conspiracy, U.S. Attorney Philip R. Sellinger announced today.
Nygee Johnson, aka “Gito,” 25, pleaded guilty before U.S. District Judge Susan D. Wigenton in Newark federal court on July 17, 2024, to a superseding indictment that charged him with Racketeer Influenced and Corrupt Organizations conspiracy.
According to documents filed in this case and statements made in court:
From 2015 through Sept. 22, 2022, Johnson was a member of the Rollin’ 60s Neighborhood Crips, a criminal enterprise responsible for acts of violence and the distribution of controlled substances in the District of New Jersey and elsewhere. While a member of the enterprise, Johnson conspired with others, including members and associates of the enterprise, to commit bank fraud and distribute controlled substances.
The defendant faces a maximum sentence of 20 years in prison and a fine of up to $250,000. Sentencing is scheduled for Dec. 3, 2024.
U.S. Attorney Sellinger credited special agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Cheryl Ortiz; IRS - Criminal Investigation, under the direction of Special Agent in Charge Jenifer L. Piovesan; and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), under the direction of Acting Special Agent in Charge Ross A. Marchetti, as well as investigators of the U.S. Marshals Service, under the direction of Marshal Juan Mattos; the Irvington Police Department, under the direction of Police Division Director Tracy Bowers; the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II; the Newark Police Department, under the direction of Public Safety Director Fritz Fragé; the Bloomfield Police Department, under the direction of Director of Public Safety Samuel A. DeMaio; the Essex County Sheriff’s Office, under the direction of Sheriff Armando B. Fontoura; the East Orange Police Department, under the direction of Chief Phyllis L. Bindi; the Elizabeth Police Department, under the direction of Police Director Earl J. Graves; the Edison Police Department, under the direction of Chief of Police Tom Bryan; the New Jersey State Police, under the direction of Colonel Patrick J. Callahan; the Union County Prosecutor’s Office, under the direction of Prosecutor William A. Daniel; the Spotswood Police Department, under the direction of Chief Philip Corbisiero; and the North Carolina State Bureau of Investigation Fugitive and Missing Person Task Force, which includes members of the FBI, for the investigations leading to the charges in the Rollin 60’s Neighborhood Crips investigation.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multiagency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The government is represented by Assistant U.S. Attorney Francesca Liquori of the Special Prosecutions Division and Assistant U.S. Attorney Jake Nasar of the Organized Crime/Gangs Unit of the Criminal Division.
johnson.sindictment.pdfFour Men Plead Guilty to Defrauding Global Financial Services Company of over Two Million DollarsRead the Press Release
Between June 4, 2024 and today, in federal court in Central Islip, four defendants, Edward Hernandez, Christopher Flagg, Daquan Lloyd and Corey Ortiz pleaded guilty to money laundering conspiracy in connection with a scheme to steal millions of dollars from a global financial services company based in Menlo Park, California. The proceedings were held before United States District Judge Gary R. Brown. When sentenced, each defendant faces a maximum sentence of 20 years’ imprisonment, restitution of up to $2,087,164, and forfeiture between $56,390 and $700,425.
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 guilty pleas.
“Each defendant was convicted of their roles in a sprawling and complex nationwide scheme organized from Long Island to steal millions of dollars that were intended for legitimate investors and launder the proceeds of their crime,” stated United States Attorney Breon Peace. “Today’s guilty plea demonstrates how this Office will swiftly bring to justice those who fraudulently manipulate the financial system, no matter how complex the scheme.”
Mr. Peace expressed his appreciation to the Securities and Exchange Commission for their assistance with the case.
Between December 2018 and January 2023, the defendants engaged in a scheme to defraud a global financial services company of millions of dollars of short-term cash advances, called “Instant Deposits.” The Instant Deposits were intended to enable legitimate investors to immediately trade in their brokerage accounts without having to wait for an incoming wire transfer to clear. To gain access to millions of dollars of Instant Deposits, which were typically capped at $5,000 per account, the defendants established a multi-state recruitment network through which the defendants opened hundreds of fraudulent accounts held in the names of straw account holders, or “Losing Accounts.”
Using the Instant Deposits available to the Losing Accounts, the defendants repeatedly bought thinly traded and highly speculative stock options at above-market prices. Selecting these virtually worthless stock options enabled the defendants to match their bids in the Losing Accounts with offers to sell the same overpriced stock options initiated by other brokerage accounts, or “Winning Accounts,” that were also controlled by the defendants and their conspirators. In effect, the defendants transferred the Instant Deposits from the Losing Accounts to the Winning Accounts by way of fraudulent securities transactions.
Meanwhile, the incoming wire transfers supposed to cover the Instant Deposits in the Losing Accounts had purposely been initiated by the defendants from bank accounts that had little or no balance. These wire transfers, therefore, failed to clear, but not before the defendants drained the Instant Deposits, leaving the accounts with negative balances and worthless options. The defendants then laundered the stolen funds through multiple electronic banking platforms.
In total, the defendants recruited dozens of individuals to engage in their fraudulent scheme and stole more than $2 million.
In July 2022, Mr. Peace was selected as the Chairperson of the White Collar Fraud subcommittee for the Attorney General’s Advisory Committee (AGAC). As the leader of the subcommittee, Mr. Peace plays a key role in making recommendations to the AGAC to facilitate the prevention, investigation and prosecution of various financially motivated, non-violent crimes including securities fraud and money laundering.
The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorneys Jonathan P. Lax and Sara K. Winik are in charge of the prosecution with the assistance of Paralegal Specialists Jacob Menz, Liam McNett and Sarah Burn.
The Defendants:
EDUARDO HERNANDEZ (also known as “Ghost”)
Age: 33
Lindenhurst, New YorkCHRISTOPHER FLAGG (also known as “Venus”)
Age: 28
Copiague, New YorkDAQUAN LLOYD (also known as “Payday”)
Age: 29
Copiague, New YorkCOREY ORTIZ (also known as “Jefe”)
Age: 29
Greensboro, North CarolinaE.D.N.Y. Docket No. 23-CR-428 (GRB)
Four Individuals Indicted in Bribery Scheme to Eliminate Puerto Rico Department of Transportation FinesRead the Press Release
SAN JUAN, Puerto Rico – On July 17, 2024, a federal grand jury returned a 17-count indictment charging Juan Carlos Cruz-Hernández, Verónica Forte-Roig, Nancy Báez-Flores, and Josselyn Figueroa-Rosario with participating in a bribery and wire fraud conspiracy and scheme to defraud the Puerto Rico Department of Transportation and Public Works (DTOP), announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. Three of the defendants were arrested today and will have their initial appearances before United States Magistrate Judge Marcos E. López of the U.S. District Court for the District of Puerto Rico. Defendant Báez-Flores is pending arrest.
According to court documents, defendants Nancy Báez-Flores and Josselyn Figueroa-Rosario were employees of DTOP assigned to work in the regional driver service centers (CESCO) located in Caguas and Carolina, Puerto Rico. Both were responsible for accessing driver and vehicle information, and among other things, possessed the ability to remove driver and vehicle fines. Defendants Juan Carlos Cruz-Hernández and Verónica Forte-Roig negotiated and made bribe payments to Nancy Báez-Flores and Josselyn Figueroa-Rosario in exchange for certain official acts, including accessing DTOP-CESCO information, obtaining duplicate documentation, and eliminating driver and vehicle fines.
From November 2018 to October 2023, Nancy Báez-Flores received over $62,000 in bribe payments from Juan Carlos Cruz-Hernández and Verónica Forte-Roig. From April 2019 to June 2023, Josselyn Figueroa-Rosario received over $7,000 in bribe payments from Juan Carlos Cruz-Hernández and Verónica Forte-Roig. Many of the bribe payments were made directly to Báez-Flores and Figueroa-Rosario via ATH-Móvil.
“The prosecution of public corruption offenses, at all levels of the government, remains a priority for the U.S. Attorney’s Office. The bribery of government employees corrodes the public’s trust in vital institutions and will not be tolerated. Not at the municipal, commonwealth, or federal level,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. “This indictment and today’s arrests reflect another step in the continued focus of the United States Attorney’s Office to bring criminals who engage in illegal bribery schemes to justice.”
“HSI is committed to investigate money laundering activities that pose a threat to our economy. It is imperative to prioritize any type of public corruption that facilitates crimes. These employees do not represent the dedicated employees of the government of Puerto Rico,” said Rebecca González-Ramos, Special Agent in Charge of HSI San Juan. “This investigation was made possible with the support of the Puerto Rico Police Bureau and the Puerto Rico Department of Transportation.”
If convicted, a maximum penalty of five years in prison applies to a violation of 18 U.S.C. § 371, a maximum penalty of ten years in prison applies for each violation of 18 U.S.C. § 666(a)(2) and (a)(1)(B), and a maximum penalty of twenty years in prison applies for each violation of 18 U.S.C. § 1343, 1346, 1349. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by the United States Department of Homeland Security, Homeland Security Investigations.
Assistant U.S. Attorney Marie Christine Amy is prosecuting the case.
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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Fort Wayne Man Sentenced to 33 Months in PrisonRead the Press Release
FORT WAYNE –Travis D. Napoleon, 30 years old, of Fort Wayne, Indiana, was sentenced by United States District Court Chief Judge Holly A. Brady after pleading guilty to two counts of providing false information during the purchase of a firearm, announced United States Attorney Clifford D. Johnson.
Napoleon was sentenced to 33 months in prison followed by 2 years of supervised release.
According to documents in the case, between April 2021, and March 2023, Napoleon knowingly made false and fictitious statements to a federally licensed firearms dealer in connection with the acquisition of several firearms. Napoleon then transferred at least four of these firearms to individuals, who by law, were prohibited from possessing firearms.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Administration with assistance from the Fort Wayne Police Department. The case was prosecuted by Assistant United States Attorney Stacey R. Speith.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Fort Wayne Man Sentenced to 190 MonthsRead the Press Release
FORT WAYNE –Late yesterday, Tywan Church, 43, of Fort Wayne, Indiana was sentenced by United States District Court Chief Judge Holly A. Brady after pleading guilty to distribution of a controlled substance, possession with intent to distribute a controlled substance, and possession of a firearm in furtherance of drug trafficking, announced United States Attorney Clifford D. Johnson.
Church was sentenced to 190 months imprisonment, to be followed by 4 years of supervised release.
According to documents in the case, on three separate occasions in September and October 2022, law enforcement purchased cocaine, cocaine base, and methamphetamine from Church at a Fort Wayne motel where he was living. A later search of his motel room yielded additional quantities of cocaine base, methamphetamine, fentanyl, a fentanyl analogue, and other drugs. Evidence of drug trafficking as well as a firearm was also found in his room.
This case was investigated by the Drug Enforcement Administration in coordination with the Indiana State Police and the Fort Wayne Police Department. The case was prosecuted by Assistant United States Attorney Lesley J. Miller Lowery.
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.
Former Partner at Broker-Dealer Firm Indicted for Role in $3.4 Million Insider Trading SchemeRead the Press Release
NEWARK, NJ. – A former partner at a New Jersey broker-dealer firm was arraigned on charges of engaging in an insider trading scheme that netted millions of dollars in illegal trading profits, U.S. Attorney Philip R. Sellinger announced today.
Christopher Matthaei, 44, of Brielle, New Jersey, was arraigned before U.S. District Judge Georgette Castner in Trenton federal court on July 17, 2024. Matthaei was indicted by a federal grand jury on June 21, 2024, with two counts of securities fraud conspiracy (Counts One and Nine) and seven counts of securities fraud (Counts Two through Eight).
According to documents filed in this case and statements made in court:
Matthaei was a partner and senior salesperson at a Charlotte, North Carolina-based broker-dealer with offices in Red Bank, New Jersey. From May 2020 through February 2021, Matthaei illegally traded on material, non-public information (MNPI) that he received from Sean Wygovsky, a conspirator and friend who worked at a large Canadian asset management firm. The MNPI pertained to Special Purpose Acquisition Companies (SPACs) that were engaged in confidential merger negotiations and shared information with the asset management firm as a potential investor in the SPAC deals. Wygovsky received this MNPI every time a SPAC was placed on his firm’s confidential restricted list, meaning that the firm’s employees were prohibited from buying or selling the SPACs’ securities, either personally or via another person or third party. Despite knowing about these trading restrictions, Wygovsky shared the MNPI with Matthaei, who then purchased securities in the SPACs using his personal brokerage accounts. In June 2020, Matthaei paid for a private plane and extended trip with Wygovsky and their families to a luxury resort on the island of St. Barts, where they continued to engage in the insider trading scheme.
In total, Matthaei made approximately $3.4 million in illegal trading profits from the insider trading scheme.
Wygovsky pleaded guilty on May 25, 2023, before Judge Castner to an information charging him with securities fraud in connection with the insider trading scheme.
The securities fraud conspiracy charged in Count One carries a maximum potential penalty of five years in prison and a $250,000 fine; the securities fraud counts charged in Counts Two through Seven each carry a maximum potential penalty of 20 years in prison and a $5 million fine; the securities fraud count charged in Count Eight and the securities fraud conspiracy charged in Count Nine each carry a maximum potential penalty of 25 years in prison and a $250,000 fine.
The U.S. Securities and Exchange Commission previously filed a civil complaint against Matthaei based on the same conduct.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the indictment.
The government is represented by Assistant U.S. Attorneys Jennifer Kozar and Shontae D. Gray of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
matthaei.indictment.pdfFormer Army soldier sentenced to one year in prison for abusive sexual contact on an aircraftRead the Press Release
Seattle –A 42-year-old former Chief Warrant Officer in the Army, who was stationed in Alaska, was sentenced yesterday in U.S. District Court in Seattle to 12 months in prison for abusive sexual contact while on board an aircraft, announced U.S. Attorney Tessa M. Gorman. James Benecke was indicted in July 2023 and pleaded guilty in April 2024.
“Preying on teenagers in the confined space of an aircraft is traumatizing, and is happening far too often,” said U.S. Attorney Gorman. “Those convicted of this crime are required to register as a sex offender. Some have been banned from certain airlines. We need to get the message across that this conduct is unacceptable and will be prosecuted.”
According to records in the case, on April 12, 2023, on an Alaska Airlines flight from Anchorage to Seattle, Benecke intentionally touched the buttocks of a 16-year-old teen who was seated next to him. In the plea agreement, Benecke admitted that the contact was intentional for his sexual arousal.
Two months later, on June 12, 2023, on an Alaska Airlines flight from Dallas to Seattle, Benecke touched the buttocks and inner thigh of the 18-year-old woman who was seated next to him. In this instance, the contact was reported to the flight crew by the teen and her boyfriend and Benecke was moved to a seat at the rear of the plane. He was interviewed by law enforcement upon arrival in Seattle. In the plea agreement, Benecke again admitted that this contact was intentional for his sexual arousal.
Benecke was arrested at his duty station in Alaska last July.
As noted in the government’s sentencing memorandum, the Western District of Washington “has experienced a significant increase in the number of reported airline sexual assaults over the last few years,” and these crimes “have serious consequences on the victims.” For the two victims in this case, “teenagers embarking on exciting travel opportunities, Mr. Benecke’s actions diminished their sense of personal safety, and turned what should have been joyous, meaningful trips – one to a school sporting competition, and one returning home from college orientation – into sources of trauma.”
The case was investigated by the FBI.
The case was prosecuted by Assistant United States Attorney Carolyn Forstein and former Assistant United States Attorney Jocelyn Cooney.
Florida Man Charged with Fraudulently Selling Jewelry as Native-American MadeRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced the unsealing of an indictment charging Jose Farinango Muenala, 45, Casselberry, Florida, with wire fraud, mail fraud, and misrepresenting Indian produced goods. The indictment was returned by a federal grand jury sitting in Madison, Wisconsin, on June 26, 2024.
“Prosecuting these types of fraud cases is part of our important work to support Tribal Nations,” said U.S. Timothy M. O’Shea. “The indictment announced today is not only about enforcing the law, but also about protecting and preserving the cultural heritage of Native Americans.”
“Jose Farinango’s false tribal affiliation cheated customers and impacted the economic and cultural livelihood of Native American artists,” said Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service Office of Law Enforcement. “Our dedicated team of special agents works on behalf of the Department of the Interior and the Indian Arts and Crafts Board to protect Native American and Alaska Native artists. Safeguarding Native American culture, traditions, and the consumers who purchase authentic Native American art are a critical part of these investigations. We want to thank our partners at the U.S. Department of Justice and the IACB for their ongoing assistance.”
“The Indian Arts and Crafts Board administers and enforces the Indian Arts and Crafts Act, a truth-in-marketing law,” said Indian Arts and Crafts Board Director Meridith Stanton. “The Act is intended to rid the Indian arts and crafts marketplace of fakes to protect the economic livelihoods and cultural heritage of Indian artists, craftspeople, and their Tribes, as well as the buying public. Authentic Indian art and craftwork is an important tool for passing down cultural traditions, traditional knowledge, and artistic skills from one generation to the next. Those that market fake Indian art and craftwork, such as under Jose Farinango’s guise of from “the Pueblo Nation of New Mexico,” tear at the very fabric of Indian culture and livelihoods and prey upon unwitting consumers, and therefore must be held accountable."
The indictment alleges that from December 3, 2015, to January 17, 2024, Farinango Muenala devised a scheme to defraud wherein he applied to art shows across the United States in order to sell jewelry. In those applications, and to attendees of art shows, Farinango Muenala falsely represented that he was Native American and made the jewelry he displayed for sale. In fact, Farinango Muenala was not Native American nor a member of an Indian tribe. For the purpose of executing this scheme, the indictment alleges that Farinango caused an email to be sent to the Mercer Chamber of Commerce on April 17, 2023. The indictment also alleges that for the same purpose, Farinango Muenala caused a check and an application to Loon Day 2024 to be delivered by U.S. mail to the Mercer Chamber of Commerce between October 29, 2023, and November 10, 2023.
The indictment further alleges that on August 2, 2023, in the Western District of Wisconsin, Farinango Muenala knowingly offered and displayed for sale, jewelry in a manner that falsely suggested that the jewelry was Indian produced, an Indian product, or the product of a particular Indian or Indian tribe resident within the United States. The indictment was unsealed today after agents served Farinango Muenala with the indictment and a summons ordering him to appear for an initial appearance in the Western District of Wisconsin on July 30, 2024.
If convicted, Farinango Muenala faces a maximum penalty of 20 years in prison on the wire and mail fraud charges. He faces a maximum penalty of 5 years in prison on the misrepresentation of Indian produced goods charge.
The charges against Farinango Muenala were the result of an investigation by the U.S. Fish and Wildlife Service and the Department of the Interior Indian Arts and Craft Board. Assistant U.S. Attorney Taylor L. Kraus is handling the prosecution.
You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
Floresville Man Gets 30 Years in Federal Prison for Sexually Exploiting a Child at a Home DaycareRead the Press Release
SAN ANTONIO – A Floresville man was sentenced in federal court to 360 months in prison for the sexual exploitation of a seven-year-old girl.
According to court documents, Rodney Allan Felux, 45, sexually assaulted and exploited the child victim while the child attended a residential daycare in December 2022. The victim advised her mother of the incident leading to an investigation. In a forensic interview, the victim said that she was sexually assaulted while blindfolded and taken to a shed where Felux took numerous sexually explicit images of her.
Felux was arrested January 11, 2023 and pleaded guilty in January 2024 to one count of sexual exploitation of children. In addition to the 30-year sentence and lifetime supervised release, U.S. District Judge Fred Biery ordered Felux to pay $50,000 restitution to the victim.
“As the court stated during the sentencing, the penalties are severe for this offense for a reason,” U.S. Attorney Jaime Esparza for the Western District of Texas. “This defendant has caused irreparable harm to this young girl based on his contemplated, planned and acted upon predatory sexual behavior.”
"This sentencing sends a clear message that we will not tolerate the sexual abuse and exploitation of children in our community," said Special Agent in Charge Aaron Tapp of the FBI's San Antonio Field Office. "The FBI, along with our law enforcement partners at the Wilson County Sheriff's office, will continue to vigorously pursue every lead to rescue children who are being victimized, and bring their perpetrators to justice."
The FBI and Wilson County Sheriff’s Office investigated the case.
Assistant U.S. Attorney Tracy Thompson prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and 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.
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Final defendant sentenced to 12 years in prison for her role in a fentanyl and firearm trafficking conspiracyRead the Press Release
ALEXANDRIA, Va. – A Sterling woman was sentenced yesterday to 12 years in prison for trafficking fentanyl and cocaine and straw purchasing firearms and ammunition for convicted felons.
From at least June 2022 through August 2023, Kaitlyn Marie Hammond, 26, her husband Carrington Hammond, 30, and co-conspirator Mohamed Amine Haddou, 29, received frequent and large shipments of drugs through USPS, UPS, and FedEx from suppliers Aaron Mitchell and Iram Leyva in Arizona, and redistributed them throughout Virginia. The drugs included cocaine, powdered fentanyl, and counterfeit pills containing fentanyl each month.
Law enforcement identified at least 19 such packages mailed by Mitchell and Leyva to Carrington Hammond, Haddou, and Kaitlyn Hammond. On average, Mitchell and Leyva sent packages twice per month, with each package containing 10,000 to 20,000 fentanyl pills and one to two kilograms of cocaine. On at least one occasion in late July 2023, Kaitlyn Hammond coordinated and received a shipment containing 50,000 fentanyl pills from Mitchell.
On August 10, 2023, federal authorities searched an apartment Kaitlyn Hammond shared with Haddou in Alexandria while Carrington Hammond was incarcerated. During the search, law enforcement seized 2.2 kilograms of fentanyl powder, 50,000 counterfeit pills containing fentanyl, 1.7 kilograms of cocaine, and 2.5 kilograms of marijuana. Most of the fentanyl pills also contained xylazine. Authorities also found a loaded CZ Scorpion assault weapon that had been purchased by Kaitlyn Hammond next to the drug stash.
After the August 2023 search and before her arrest, Kaitlyn Hammond attempted to intimidate another witness from speaking with law enforcement.
During the drug trafficking conspiracy, Kaitlyn Hammond, who possessed a concealed carry permit that allowed her to purchase multiple firearms on the same day, purchased numerous firearms that she and Carrington Hammond possessed in furtherance of the conspiracy. Kaitlyn Hammond knew that Carrington Hammond, for whom she was purchasing the firearms, was a convicted felon and had pending drug and firearms charges in Maryland and, therefore, could not legally possess a firearm or ammunition.
Kaitlyn Hammond also purchased firearms that she and Carrington Hammond resold for profit, some of which were later recovered in connection with criminal activity or from individuals prohibited from possessing them. A semi-automatic pistol was recovered from a domestic violence kidnapping incident just 10 days after it was purchased by Kaitlyn Hammond from a firearms dealer in Virginia. Another semi-automatic pistol Kaitlyn Hammond purchased from a firearms dealer in Virginia was recovered following the arrest of a drug trafficker, who was a convicted felon, in Oxon Hill, Maryland. When law enforcement seized the firearm, it was equipped with an extended magazine and 12 rounds of ammunition.
Carrington Hammond pled guilty on Oct. 24, 2023, to conspiring to distribute fentanyl and possessing a firearm in furtherance of drug trafficking. He was sentenced on Feb. 13 to 15 years in prison.
Haddou pled guilty on Oct. 31, 2023, to conspiring to distribute fentanyl. He was sentenced on Feb. 20 to 10 years in prison. Mitchell pled guilty on Nov. 1, 2023, to conspiring to distribute fentanyl. He was sentenced on Feb. 20 to 14 years in prison. Leyva pled guilty on March 20 to conspiring to distribute fentanyl. He was sentenced on June 11 to 15 years in prison.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Jarod A. Forget, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Division; Craig Kailimai, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Division; Damon E. Wood, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service; Raul Pedroso, Interim Alexandria Chief of Police; and Kevin Davis, Fairfax County Chief of Police, made the announcement after sentencing by U.S. District Judge Leonie M. Brinkema.
Assistant U.S. Attorneys Kristin S. Starr and Heather D. Call prosecuted the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Assistance was provided by the Washington/Baltimore High Intensity Drug Trafficking Area (HIDTA) task force.
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 Nos. 1:23-cr-166 (Carrington Hammond), 1:23-cr-169 (Haddou), 1:23-cr-175 (Mitchell), 1:24-cr-45 (Leyva) and 1:24-cr-86 (Kaitlyn Hammond).
Final Defendant in eBay Cyberstalking Case SentencedRead the Press Release
BOSTON – The former Senior Manager of Special Operations for eBay’s Global Security Team was sentenced today in federal court in Boston for his role in a cyberstalking campaign targeting a Massachusetts couple. The defendant and his co-conspirators harassed and intimidated the victims in retaliation for their publication of an industry newsletter that eBay executives viewed as critical of the company.
Brian Gilbert, 56, of San Jose, Calif., was sentenced by U.S. Senior District Court Judge William G. Young to time served, one year of supervised release with the special condition that he have no contact with either of the victims in the case and a $20,000 fine. In October 2020, Gilbert pleaded guilty to conspiracy to commit cyberstalking and conspiracy to tamper with witnesses.
Gilbert is one of seven now-former eBay employees and contractors on the company’s security team who were charged and ultimately convicted for their roles in the cyberstalking campaign:
- Jim Baugh, eBay’s former Senior Director of Safety and Security, was sentenced to 57 months in prison in September 2022;
- David Harville, former Director of Global Resiliency, was sentenced to 24 months in prison in September 2022;
- Stephanie Popp, former Senior Manager of Global Intelligence, was sentenced to 12 months in prison in October 2022;
- Philip Cooke, a former Senior Manager of Security Operations, was sentenced to 18 months in prison and 12 months of home confinement in July 2021;
- Stephanie Stockwell, a former Manager of Global Intelligence, was sentenced to one year in home confinement in October 2022; and
- Veronica Zea, a contract intelligence analyst, was sentenced to one year in home confinement in November 2022.
“Today’s sentencing brings an end to our prosecution of eBay’s horrific conduct. The company’s culture resulted in seven eBay employees and contractors inflicting an unspeakable campaign of harassment and intimidation against the victims in this case, all to silence their reporting and protect the eBay brand,” said Acting United States Attorney Joshua S. Levy. “We left no stone unturned to hold accountable every individual who engaged in criminal conduct, including the ringleader, who was sentenced to 57 months in federal prison. We also charged eBay criminally and required it to pay $3 million—the maximum fine allowed by law. The charges against eBay will only be dismissed if eBay commits no crimes over the next three years and satisfies both my office and an independent monitor that compliance with the law is paramount, starting with the C-Suite all the way down to the newest hire. This series of prosecutions should ensure that every eBay employee understands that the idea of terrorizing innocent people and obstructing investigations will never again be tolerated.”
“No sentence can ever make up for the devastating and irreversible impact Brian Gilbert’s actions had on the victims in this case. As a former law enforcement officer, Mr. Gilbert should have stepped in and stopped this unprecedented, relentless, and over-the-top harassment campaign that he and others at eBay orchestrated to try and protect their company’s reputation,” said Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation Boston Division. “Anyone who thinks they can terrorize innocent people, obstruct investigations, and get away with it can expect to be brought to justice to face similar consequences.”
In August 2019, the defendants executed a three-part harassment campaign against the Natick, Mass. couple. Among other things, several of the defendants ordered anonymous and disturbing deliveries to the victims’ home, including a preserved fetal pig, a bloody pig Halloween mask and a book on surviving the loss of a spouse.
As part of the second phase of the campaign, some of the defendants sent private Twitter messages and public tweets criticizing the newsletter’s content and threatening to visit the victims in Natick. Gilbert, Cooke, Baugh and Popp planned for these messages to become increasingly disturbing, culminating with “doxing” the victims (i.e., publishing their home address). The same group intended then to have Gilbert, a former Santa Clara police captain, approach the victims with an offer to help stop the harassment that the defendants were secretly causing, in an effort to promote good will towards eBay.
The third phase of the campaign involved surveilling the victims in their home and community. The victims spotted the surveillance, however, and notified the Natick Police, who began to investigate.
Aware that the police were investigating, the defendants sought to interfere with the investigation. For example, several of the defendants discussed the possibility of presenting Natick Police with a false investigative lead to keep the police from discovering video evidence that could link some of the deliveries to eBay employees. As the police and eBay’s lawyers continued to investigate, the defendants deleted digital evidence that showed their involvement, further obstructing what had by then become a federal investigation.
In January 2024, eBay was charged criminally with two counts of stalking through interstate travel, two counts of stalking through electronic communications services, one count of witness tampering and one count of obstruction of justice. eBay entered into a deferred prosecution agreement and admitted to a detailed recitation of all the relevant facts about its conduct and agreed to pay a criminal penalty of $3 million, which is the statutory maximum fine for these six felony offenses. As part of this resolution, eBay was required to retain an independent corporate compliance monitor for a period of three years and to make extensive enhancements to its compliance program.Acting U.S. Attorney Levy and FBI SAC Jodi Cohen made the announcement today. Valuable investigative assistance was provided by the Natick Police Department. Assistant U.S. Attorney Seth B. Kosto, Deputy Chief of the Securities, Financial & Cyber Fraud Unit prosecuted the case.
Federal Air Marshal Admits Making False Statement to Federal Officer and Unauthorized Selling of I.D. Cards with Homeland Security InsigniaRead the Press Release
TRENTON, N.J. – A U.S. Air Marshal admitted selling “Law Enforcement Family Member” cards that were embossed with the insignia of the U.S. Department of Homeland Security (DHS) and making a false statement to a federal officer who was investigating an individual who possessed one of the cards, U.S. Attorney Philip R. Sellinger announced today.
Jonathan J. Ledesma, 38, pleaded guilty before U.S. District Judge Georgette Castner in Trenton federal court on July 17, 2024, to a two-count information that charged him with making false statements and selling official insignia without authorization.
According to documents filed in this case and statements made in court:
From October 2021 through January 2023, Ledesma purchased cards that identified their bearers as being a “family member” of “Jonathan J. Ledesma,” a “Federal Officer.” These cards were each embossed with the apparent insignia of DHS as well as a QR code that was linked to Ledesma’s cellular phone. Though Ledesma was not authorized to sell the insignia of DHS, or any colorable imitation of the insignia, Ledesma then sold the cards to others.
In July 2022, Ledesma sold a card to a person who was arrested on Jan. 30, 2023, while in possession of the card. A federal officer scanned the QR code and spoke with Ledesma, who indicated that he had provided the card to person because he was a friend and business associate of the person’s father. This statement was false because, as Ledesma well knew, he had never met or done business with person’s father. On Jan. 18, 2023, Ledesma sold a second card to another individual.
Making a false statement is punishable by a maximum penalty of five years imprisonment and a maximum fine of $250,000. The unauthorized sale of official insignia is punishable by a maximum penalty of six months in prison and a maximum fine of $5,000. Sentencing is scheduled for Nov. 20, 2024.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; the New York Field Office of the Department of Homeland Security – Office of Inspector General, under Acting Special Agent in Charge Luke Devlin; the Detroit Field Office of the Department of Homeland Security – Office of Inspector General, under the direction of Special Agent in Charge John Pias; and the Detroit Field Office of the Transportation Security Administration, under the direction of Special Agent in Charge Phil Spampinato, with the investigation leading to the charges. U.S. Attorney Sellinger also thanked the U.S. Attorney’s Office for the Eastern District of Kentucky for its assistance with this investigation.
The government is represented by Assistant U.S. Attorneys Francesca Liquori and Thomas S. Kearney of the Special Prosecutions Division.
ledesma.information.pdfEssex County Correctional Officer Admits Accepting Bribes to Smuggle Contraband into Prisoners at Essex County Correctional FacilityRead the Press Release
NEWARK, N.J. – A former Essex County correctional officer admitted accepting $14,000 in bribe payments to smuggle in contraband tobacco and a cell phone to inmates being detained at the Essex County Correctional Facility in Newark, U.S. Attorney Philip R. Sellinger announced today.
Efrin Wade, 36, of Jersey City, New Jersey, pleaded guilty before U.S. District Judge Katharine S. Hayden in Newark federal court on July 17, 2024, to an information charging him with one count of extortion under color of official right.
According to the documents filed in this case and statements made in court today:
In January 2023, Wade, who had served as a correctional officer at Essex County Correctional Facility (ECCF) from approximately February 2020 through March 2023, began communicating with an individual whom he believed was seeking to smuggle in contraband to inmates at ECCF for sale to other inmates. Unbeknownst to Wade, this individual was in reality an undercover FBI agent. Wade agreed to smuggle in tobacco and cell phones, both of which inmates at ECCF are forbidden to possess. On Feb. 1, 2023, Wade sent his associate, Yairisa Lizardo, to meet with the undercover agent in a parking lot in Bayonne, New Jersey. At the meeting, Lizardo accepted $10,000 in cash and a substantial quantity of tobacco for Wade to smuggle into ECCF. Over the subsequent weeks, Wade left this tobacco in concealed locations within ECCF believing it would be retrieved by inmates. However, law enforcement recovered these items after Wade relayed the concealed locations to the undercover agent.
On Feb. 8, 2023, Wade met the undercover agent in a parking lot in Jersey City where Wade took possession of a cell phone concealed within tobacco. After smuggling this contraband into ECCF, law enforcement recovered it in a concealed location where Wade had left it for inmates to retrieve. On Feb.15, 2023, Wade met with the undercover agent in the same parking lot in Jersey City where Wade accepted an additional $4,000 for his smuggling activities. Wade also explained his plans to smuggle in an additional 15 contraband cell phones, which were to be supplied to him by the undercover agent. Wade expected to be paid at least $30,000 for smuggling these cell phones into ECCF in late March. Wade expected that the cell phones would then be resold to inmates for approximately $5,000 per phone. In addition, when approached by agents during his shift at ECCF during the early morning hours of March 14, 2003, Wade was found to be in possession of multiple packs of contraband cigarettes as well as tobacco packs and cigars.
The extortion charge is punishable by a maximum potential penalty of 20 years in prison and a maximum $250,000 fine. Sentencing is scheduled for Nov. 19, 2024.
The charges and allegations contained in the criminal complaint in this matter, which was filed in March of 2023, remain pending as to codefendant Lizardo. Lizardo was charged along with Wade and the allegations in the criminal complaint are merely accusations as to her, and she is presumed innocent unless and until proven guilty.
U.S. Attorney Sellinger credited special agents with the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, and investigators of the Internal Affairs Unit of the Essex County Department of Corrections, under the direction of Ronald Charles, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Mark J. McCarren of the Office’s Special Prosecutions Division in Newark.
wade.information.pdfEssex County Convicted Felon Charged with Multiple Narcotics Distribution and Firearms OffensesRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man has been charged in connection with distributing cocaine, possessing distribution quantities of fentanyl and heroin, trafficking multiple firearms, and possessing a firearm in furtherance of drug trafficking, U.S. Attorney Philip R. Sellinger announced today.
Kyrell Domnie, aka “Fly Ky,” 39, of Irvington, is charged by complaint with six counts of distributing, and possessing with intent to distribute, cocaine, one count of possessing with intent to distribute heroin and fentanyl, two counts of firearms trafficking, three counts of possessing a firearm and ammunition by a convicted felon, and one count of possessing a firearm in furtherance of a drug trafficking crime. He appeared before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court on July 17, 2024, and was detained.
According to documents filed in this case and statements made in court:
In December 2023, law enforcement began investigating Domnie for his involvement in distributing narcotics and firearms trafficking. Law enforcement conducted several controlled purchases of large quantities of cocaine from Domnie between January 2024 and April 2024, as well as controlled purchases of handguns on Jan. 30, 2024, and Feb. 19, 2024.
During searches of two apartments and a vehicle belonging to Domnie, law enforcement recovered distribution quantities of fentanyl, heroin, and cocaine along with materials used to package, store, and transport the narcotics for distribution. Law enforcement also recovered an additional handgun in a hidden compartment in Domnie’s vehicle along with narcotics.
Domnie faces a maximum penalty of 20 years in prison on the counts of distribution of, and possession with intent to distribute, controlled substances, and a fine of $1 million. On the counts of possession of a firearm and ammunition by a convicted felon and firearms trafficking, Domnie faces a maximum penalty of 15 years in prison. On the count of possession of a firearm in furtherance of a drug trafficking crime, Domnie faces a mandatory minimum prison sentence of five years, which must run consecutively to any other sentence Domnie receives, and a maximum potential penalty of life in prison. Each firearm count carries a maximum fine of $250,000.
U.S. Attorney Sellinger credited the special agents and task force officers of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Field Division, under the direction of Acting Special Agent in Charge Ross A. Marchetti; detectives of the New Jersey State Police, under the direction of Col. Patrick J. Callahan; the Newark Department of Public Safety, under the direction of Director Fritz G. Fragé; and the New Jersey Division of Criminal Justice, under the direction of New Jersey Attorney General Matthew J. Platkin, with the investigation leading to the charges.
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 government is represented by Assistant U.S. Attorney Trevor A. Chenoweth of the General Crimes Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
domnie.complaint.pdfEl Departamento de Justicia entabla demanda contra Southwest Key por abuso sexual y acoso de niñas y niños en refugiosRead the Press Release
El Departamento de Justicia ha entablado una demanda (solo en inglés) contra Southwest Key Programs Inc. (Southwest Key), una organización sin ánimo de lucro con sede en Texas que proporciona viviendas a niños no acompañados que se encuentran en la frontera terrestre sur de los Estados Unidos. La demanda alega que Southwest Key, a través de sus empleados, ha incurrido en un patrón o una práctica de abuso sexual y acoso de niños no acompañados en refugios de Southwest Key, en contra de la ley de Vivienda Justa.
“El acoso sexual de niños en refugios residenciales, donde un niño debe estar seguro, es abusivo, deshumanizante e ilegal”, afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. “El abuso sexual de niños es una crisis que no podemos ignorar y al que no podemos hacer de la vista gorda. Esta demanda busca una compensación para niños que han sido abusados y perjudicados, así como reformas significativas para garantizar que ningún niño en estos refugios vuelva a ser víctima del abuso sexual”.
“El Departamento de Salud y Servicios Humanos de los Estados Unidos (HHS, por sus siglas en inglés) tiene una política de tolerancia cero para todos los tipos de abuso sexual, acoso sexual, conducta sexual impropia y discriminación”, dijo Xavier Becerra, Secretario del HHS. “La queja del Departamento de Justicia de los EE. UU. contra Southwest Key plantea inquietudes serias de patrón o práctica. HHS seguirá trabajando con el DOJ y las agencias supervisoras para hacer rendir cuentas a programas de provisión de cuidado como Southwest Key. Y seguiremos evaluando estrechamente nuestra asignación de niños a programas de provisión de cuidado para garantizar la seguridad y el bienestar de cada niño bajo la tutela del HHS”.
“Cada niño tiene derecho a sentirse seguro y protegido en su vivienda, incluso en el cuidado de un refugio”, declaró Jaime Esparza, el Fiscal Federal para el Distrito Oeste de Texas. “Esta demanda pretende proporcionar una vía para la justicia y el saneamiento de estos niños, que están entre los más vulnerables de nuestra sociedad”.
“Los niños, en busca del sueño americano, en muchos casos toleran viajes peligrosos durante su migración hacía el Norte, hacia la frontera sureña de los Estados Unidos”, comentó Alamdar S. Hamdani, el Fiscal Federal para el Distrito Sur de Texas. “El acoso sexual que se alega en la queja destrozaría la sensación de seguridad de cualquier niño, así convirtiendo a lo que antes era el sueño americano en una pesadilla. Estamos deseando colaborar con la División de Derechos Civiles y la Fiscalía Federal para el Distrito Oeste de Texas para hacer justicia para las víctimas que supuestamente fueron perjudicadas en los refugios de Southwest Key”.
Southwest Key opera 29 refugios que proporcionan una vivienda temporal a niños no acompañados en Texas, Arizona y California, y es el mayor proveedor de viviendas para niños no acompañados en los Estados Unidos. Southwest Key recibe subvenciones de la Oficina de Reubicación de Refugiados (ORR, por sus siglas en inglés) del HHS para proporcionar una vivienda y otros cuidados a los niños no acompañados en estos refugios. Los niños no acompañados son menores de edad que entran en los Estados Unidos sin padres u otros tutores legales y sin un estatus migratorio legal en los Estados Unidos. Los refugios son los hogares de los niños hasta que se reúnan con sus familias inmediatas o se los coloque con un familiar u otro patrocinador aprobado mientras se siga adelante con sus casos migratorios.
La demanda, que se presentó ayer ante el Tribunal Federal de Distrito para el Distrito Oeste de Texas, alega que, desde el 2015 hasta al menos el 2023, múltiples empleados de Southwest Key sometieron a los niños a su cuidado a acoso sexual grave o generalizado que ha incluido, entre otras cosas, contacto sexual y contacto inapropiado, la solicitud de actos sexuales, la solicitud de fotos de desnudos, súplicas para relaciones inapropiadas y comentarios sexuales. Más aún, la denuncia alega que Southwest Key no tomó suficientes medidas para prevenir el acoso sexual de los niños a su cuidado, no siguió sistemáticamente los requisitos federales para prevenir, detectar y declarar el abuso, lo que incluye el acoso sexual, no tomó las medidas adecuadas o suficientes para proteger a los niños a su cuidado y disuadió a los niños de divulgar el acoso sexual, en contra de los requisitos federales, a pesar de que ORR había emitido múltiples medidas correctivas a Southwest Key.
La demanda del Departamento busca daños monetarios para compensar a los niños perjudicados por el supuesto acoso, una sanción civil para vindicar el interés público y una orden judicial que prohíba la discriminación futura y que requiera que Southwest Key tome las medidas adecuadas para prevenir dicho acoso en el futuro.
Las personas que crean haber sido víctimas de acoso o abuso sexual en refugios de Southwest Key o que tienen otra información que puede ser relevante para este caso pueden comunicarse con la línea de consejos de discriminación de vivienda del Departamento de Justicia al 1-833-591-0291. Para español marque “2”; luego marque “2” para casos de acoso sexual; y marque “3” para el buzón de la demanda contra Southwest Key. Para inglés marque “1”; luego marque “2” para casos de acoso sexual; y marque “9” para el buzón de la demanda contra Southwest Key. También se puede enviar un correo electrónico al Departamento de Justicia a [email protected] o entregar un informe a través de nuestro portal en línea en civilrights.justice.gov/link/southwestkey.
La Iniciativa contra el acoso sexual en la vivienda, del Departamento de Justicia, está dirigida por la División de Derechos Civiles, en coordinación con las Fiscalías Federales por todo el país. La iniciativa busca abordar y crear conciencia (solo en inglés) sobre el acoso sexual por parte de personas que tienen control sobre la vivienda. Desde el lanzamiento de la iniciativa en octubre del 2017, el Departamento ha entablado 43 demandas que alegan acoso sexual en vivienda y ha recuperado más de $17 millones para las víctimas de dicho acoso.
La ley de Vivienda Justa prohíbe la discriminación en las viviendas por motivos de raza, color de piel, religión, origen nacional, sexo, discapacidad o situación familiar. Hay más información sobre la División de Derechos Civiles y las leyes que hace cumplir en su sitio web en https://www.justice.gov/es/crt.
Eighteen MS-13 Members and Associates Sentenced for Ten Murders, Seven Attempted Murders, Kidnapping, Drug Trafficking and Firearms OffensesRead the Press Release
NASHVILLE – The last of 18 defendants in a multi-year investigation by federal, state, and local law enforcement was sentenced to federal prison today, announced Acting United States Attorney Thomas J. Jaworski for the Middle District of Tennessee and Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. The investigation involved charges of racketeering conspiracy, murder in aid of racketeering, attempted murder in aid of racketeering, kidnapping, drug trafficking, firearms offenses, obstruction of justice, and destruction of evidence.
“This result sends a clear message that we will not tolerate the senseless violence and intimidation committed by MS-13 in our district,” said Acting United States Attorney Thomas J. Jaworski. “All gang members and associates should be on notice that this Office will use every means possible to investigate, prosecute, and seek lengthy federal prison sentences for those who terrorize our community. I cannot overstate the efforts by our prosecutors and law enforcement partners to bring these gang members to justice. Thanks to these efforts, both Nashville and those victimized are safer today with these criminals removed from our community, in some cases, for life.”
“Today’s sentencing is another example of the ATF’s relentless commitment to reduce violent crime,” said Special Agent in Charge Marcus Watson. “As evidenced by this case, the ATF will pursue individuals or groups who perpetuate violence and disrupt the lives of the citizens within our communities. The ATF will continue to work with our federal, state, and local partners to disrupt and dismantle criminal gangs that bring fear and terror to our neighborhoods. We are committed to working around the clock to bring justice to violent criminals and remove them from our streets.”
“This case should serve as warning to criminal gangs who terrorize our communities with violence and sow misery through drug trafficking; these activities will not be tolerated,” said Acting Special Agent in Charge Erek Davodowich, head of DEA’s Louisville Division. “MS-13 is an especially violent street gang… DEA and our law enforcement partners will continue to work tirelessly to rid these and other violent offenders from our communities and bring them to justice.”
“HSI, alongside our law enforcement partners, remains vigilant in combating transnational gangs and holding criminals accountable for their egregious actions,” said Homeland Security Investigations Nashville Special Agent in Charge Rana Saoud. “These violent gangs’ brazen acts of violence terrorize the communities we serve and reflect a total disregard for human life.”
“The safety of our communities is paramount, and TBI remains committed to pursuing, along with our law enforcement partners, these violent individuals that engage in dangerous and illegal activities,” said Director David Rausch of the Tennessee Bureau of Investigation.
"This gang-influenced violence in our city resulted in at least 10 murders and shocking crimes against several other persons," Metropolitan Nashville Police Department Chief John Drake said. "The relentless work of our Specialized Investigations and Homicide detectives, combined with the strong partnership of our federal and state law enforcement colleagues, has again sent a clear message that Nashville will not tolerate this criminality. Life and decades-long federal prison sentences speak volumes."
According to court documents and evidence presented at trial, MS-13 is an international street gang composed largely of individuals of Salvadoran or Central American descent. The defendants were members and associates of the local MS-13 clique, the Thompson Place Locos Salvatrucha (TPLS) clique, which has operated in Nashville since at least 2014. The MS-13 gang, through its local cliques, seeks to preserve and protect its power, territory, reputation and profits through murder, attempted murder, robbery, kidnappings, extortion and other criminal activities.
To generate income, MS-13 gang members engaged in illegal activities under the protection of the enterprise, including drug trafficking, robbery, extortion and other crimes. They would often steal vehicles to carry out these illegal activities. Funds generated by the illegal activity provided financial support to gang leaders, members, and associates, including individuals incarcerated in the United States and in El Salvador.
Cooperation with law enforcement is strictly prohibited under MS-13’s rules. It is well understood within the gang that anyone who assists authorities will be punished with death. Members are also required to confront, fight, and/or kill rival gang members and to retaliate quickly and viciously against anyone who disrespects or threatens the gang’s authority, power, reputation or control of a neighborhood. By committing murders, prospective members gained entrance into MS-13 or earned respect among the members.
In addition to numerous acts of drug distribution and firearms offenses, the MS-13 members and associates were also convicted of conspiring with each other and committing the following acts of violence:
On April 6, 2016, MS-13 members and associates, including Jose Pineda-Caceres, murdered Victim 1 because they believed he was a rival gang member. They lured Victim 1 to a secluded field in a rural area of Davidson County, Tennessee, under the guise that they were going to smoke marijuana. When they arrived at the field, the gang members confronted Victim 1 about their belief that he was in a rival gang before shooting him multiple times. Victim 1 died in the field.
On July 31, 2016, MS-13 members and associates, including Jose Pineda-Caceres, went to a party at a South Nashville nightclub. Victim 2 and his younger sister, Victim 3., were at this nightclub with friends celebrating Victim 3’s 18th birthday. Pineda-Caceres saw Victim 2 and believed he was a rival gang member. When Victim 2 left the nightclub with his friends and Victim 3, Pineda-Caceres and another MS-13 associate chased Victim 2’s car on Interstate 24 and shot into his car. A bullet struck Victim 3 and killed her. Pineda-Caceres fled the United States after this murder, but he was arrested when he returned to the United States in November 2017.
On November 13, 2016, MS-13 members and associates were at a South Nashville nightclub when they saw Victim 4 and believed he was a rival gang member. The MS-13 members and associates followed Victim 4 from the nightclub to his apartment in Antioch, Tennessee. An MS-13 member shot Victim 4 and then fled. Victim 4 died from his injuries.
On or about January 18, 2017, MS-13 members and associates, including Jorge Flores, saw Victim 5 at a Wal-Mart in Antioch and believed he was responsible for a recent murder of an MS-13 member. The MS-13 members chased Victim 5 as he rode in a car with his girlfriend and her young children. The MS-13 members eventually cornered Victim 5’s car and shot into it, striking Victim 5 multiple times.
In February 2017, MS-13 members and associates conspired to murder rival drug dealers, Victims 6 and 7. MS-13 members also conspired to murder another MS-13 member because he associated with Victims 6 and 7. On February 18, 2017, MS-13 members and associates chased the three victims in a car for miles and attempted to kill them by shooting at them. The gang members chased their victims to a South Nashville nightclub, shot at them, and continuously shot into the nightclub, which was filled with patrons. The following weekend, on February 25, 2017, MS-13 members and associates chased the victims again and shot Victim H.S. in the neck and torso causing Victim 6 to suffer life-threatening injuries. Metropolitan Nashville Police Department officers promptly provided medical care to Victim 6 and helped save his life.
Throughout the course of the conspiracy, the MS-13 members committed several armed carjackings of citizens near the Nashville, Tennessee area.
On April 2, 2017, MS-13 members and associates were inside a South Nashville nightclub when they saw Victims 8 and 9. The gang members informed another MS-13 member and associate who were not in the nightclub of the victims’ presence inside the nightclub and the gang members’ belief that the victims were rival gang members. The MS-13 member and associate outside of the nightclub retrieved an AK-47 rifle and shot Victims 8 and 9 multiple times when they left the club, killing them both.
On May 21, 2017, MS-13 members, including Jorge Flores and Kevin Tidwell, were parked in the parking lot of a South Nashville nightclub when they saw Victim 10 pull into the parking lot. The gang members thought Victim 10 was a rival gang member. They drove next to his car and shot him numerous times in his head and torso as he sat in his car. Victim 10 died from his injuries.
On May 27, 2017, MS-13 members were at a convenience store in South Nashville. Kevin Tidwell got into a verbal altercation with Victim 11 and felt disrespected. Tidwell entered a truck, driven by Jorge Flores, and waited behind the store until Victim 11 and Victim 12 drove away from the store. The MS-13 members chased the victims while shooting at them with an AK-47 rifle and a 9mm pistol. Victim 11 was struck by the gunfire and died from his injuries. The MS-13 members later burned the truck in an abandoned field.
On June 17, 2017, several MS-13 members were at a nightclub and confronted Victim 13 for falsely claiming to be an MS-13 member. The gang members summoned additional members to the club for assistance. When the additional members arrived, a fight ensued between the MS-13 members and Victim 13 and his friends. Gerson Serrano-Ramirez ultimately retrieved an AK-47 rifle from a car and fired a round of ammunition into the air. The MS-13 members forced Victim 13 in a car and took him to a secluded location where they beat him.
On July 25, 2017, Gerson Serrano-Ramirez physically assaulted Victim 14 when Victim 14 told the member that MS-13 members and their drug activities were causing problems in a local nightclub. Serrano-Ramirez accused Victim 14 of cooperating with law enforcement then pointed a rifle at Victim 14, choked him with the strap of a rifle, sprayed bleach in his eyes, suffocated him by placing a plastic bag over his head, and broke one of his fingers with a pair of pliers.
On September 24, 2017, MS-13 members, including Luis Colindres, saw Victim 15 in a South Nashville nightclub and thought he was a rival gang member. MS-13 members watched Victim 15 leave the nightclub with two other individuals, then drove to Victim’s H.Z.’s apartment complex awaiting his return. When Victim 15 arrived, the gang members blocked the car with their car, got out, and shot Victim 15 in the head and torso multiple times, killing him. The members also killed one of the car’s passengers, Victim 16, by shooting him in the head and torso multiple times to prevent him from cooperating with law enforcement.
Later that evening, on September 24, 2017, MS-13 members and associates, including Jorge Flores and Luis Colindres, lured Victim 17 to a secluded location to murder him for failing to repay a drug debt. When he arrived, they ordered him into the trunk of a car and shot him multiple times. They then drove Victim 17’s body to Cheatham County, Tennessee, where they burned him inside of the car’s trunk to destroy evidence of the murder.
The defendants were convicted for a range of offenses, including racketeering conspiracy, conspiracy to commit murder in aid of racketeering, murder in aid of racketeering, attempted murder in aid of racketeering, conspiracy to distribute and possess with the intent to distribute controlled substances, drug distribution, destruction of evidence, tampering with evidence, and numerous firearms offenses. The defendants were sentenced as follows:
- Jorge Flores, age 31, was sentenced to life plus 65 years in federal prison
- Kevin Tidwell, age 30, was sentenced to life plus 30 years in federal prison
- Luis Colindres, age 27, was sentenced to 55 years in federal prison
- Jose Pineda-Caceres, age 25, was sentenced to 52 years and three months in federal prison
- Gerson Serrano-Ramirez, age 36, was sentenced to 34 years in federal prison
- Carlos Ochoa-Martinez, age 34, was sentenced to 30 years in federal prison
- Francisco Avila, age 26, was sentenced to 30 years in federal prison
- Franklin Hernandez, age 24, was sentenced to 28 years and 11 months in federal prison
- Jason Sandoval, age 38, was sentenced to 20 years in federal prison
- Oscar Delgado-Flores, age 30, was sentenced to 19 years and eight months in federal prison
- Angel Daniel-Garcia, age 38, was sentenced to 13 years and 9 months in federal prison
- Bryan Paredes, age 27, was sentenced to 10 years in federal prison
- Jose Calderon, age 24, was sentenced to 10 years in federal prison
- Hector Venturas, age 28, was sentenced to 12 years and 7 months in federal prison
- Juan Melendez, age 25, was sentenced to 8 years in federal prison
- Franklin Pineda-Caceres, age 23, was sentenced to 7 years and 6 months in federal prison
- Sergio Alvarado-Ochoa, age 30, was sentenced to 2 years and 6 months in federal prison
- Anabely Caceres, age 44, was sentenced to a time-served sentence of 1 year and 1 month
Acting U.S. Attorney Thomas J. Jaworski for the Middle District of Tennessee, Principal Deputy Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Special Agent in Charge Marcus Watson of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Nashville Field Division, Special Agent in Charge Rana Saoud of Homeland Security Investigations (HSI) Nashville, Acting Special Agent in Charge Erek Davodowich of the DEA Louisville Field Division, U.S. Marshal for the Middle District of Tennessee Denny King, Metropolitan Nashville Police Chief John Drake, and Director David Rausch of the Tennessee Bureau of Investigation made the announcement.
The ATF, HSI, DEA, U.S. Marshals Service, Metropolitan Nashville Police Department, Tennessee Bureau of Investigation, LaVergne Police Department and Kentucky State Police investigated the case.
Assistant U.S. Attorneys Ahmed Safeeullah and Brooke Farzad for the Middle District of Tennessee and Deputy Chief Matthew Hoff of the Criminal Division’s Violent Crime and Racketeering Section prosecuted this case.
This prosecution is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
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Eighteen MS-13 Members and Associates Sentenced for 10 Murders, Seven Attempted Murders, Kidnapping, Drug Trafficking, and Firearms OffensesRead the Press Release
The last defendant of 18 La Mara Salvatrucha (MS-13) gang members charged in connection with a multi-year investigation by federal, state, and local law enforcement was sentenced today. The investigation involved charges of racketeering conspiracy, murder in aid of racketeering, attempted murder in aid of racketeering, kidnapping, drug trafficking, firearms offenses, obstruction of justice, and destruction of evidence.
According to court documents and evidence presented at trial, the defendants were members and associates of MS-13’s Thompson Place Locos Salvatrucha clique, which has operated in Nashville, Tennessee, since at least 2014. MS-13, an international street gang composed largely of individuals of Salvadoran or Central American descent, seeks to protect its power, territory, reputation, and profits through murder, attempted murder, drug trafficking, robbery, kidnappings, extortion, and other criminal activities. In addition, cooperation with law enforcement is strictly prohibited under MS-13’s rules. Members are required to confront, fight, and/or kill rival gang members and to retaliate quickly and viciously against anyone who disrespects or threatens the gang’s authority, power, reputation, or control of a neighborhood. Prospective members committed murders to gain entrance into MS-13 or to earn respect among the members.
In addition to drug distribution and firearms offenses, the defendants were also convicted of conspiring with each other and committing acts of violence, including the following:
On April 6, 2016, MS-13 members and associates, including Jose Pineda-Caceres, murdered Victim 1 because they believed he was a rival gang member. They lured Victim 1 to a secluded field in a rural area of Davidson County, Tennessee, under the guise of going to smoke marijuana. When they arrived at the field, the gang members confronted Victim 1 about their belief that he was in a rival gang before shooting him multiple times, killing him.
On July 31, 2016, MS-13 members and associates, including Pineda-Caceres, went to a South Nashville nightclub, where Pineda-Caceres saw Victim 2, who he believed was a rival gang member. Victim 2 and his younger sister, Victim 3, were at the nightclub with friends, celebrating Victim 3’s 18th birthday. When Victim 2 left the nightclub with his friends and Victim 3, Pineda-Caceres and another MS-13 associate chased Victim 2’s car on Interstate 24 and shot into it. A bullet stuck Victim 3 and killed her. Pineda-Caceres fled the United States after this murder but was arrested when he returned to the United States in November 2017.
On Nov. 13, 2016, MS-13 members and associates, including Jorge Flores, were at a South Nashville nightclub when they saw Victim 4, who they believed was a rival gang member. The MS-13 members and associates, including Flores, followed Victim 4 from the nightclub to his apartment in Antioch, Tennessee. An MS-13 member shot Victim 4 and then fled. Victim 4 died from his injuries.
On or about Jan. 18, 2017, MS-13 members and associates, including Jorge Flores, saw Victim 5, who they believed was responsible for a recent murder of an MS-13 member, at a Wal-Mart in Antioch. The MS-13 members chased Victim 5 as he rode in a car with his girlfriend and her young children. The MS-13 members eventually cornered the car and shot into it, striking Victim 5 multiple times.
In February 2017, MS-13 members and associates, including Carlos Ochoa and Jorge Flores, conspired to murder rival drug dealers, Victims 6 and 7. The MS-13 members also conspired to murder another MS-13 member because he associated with Victims 6 and 7. On Feb.18, 2017, MS-13 members and associates chased the three victims in a car for miles and attempted to kill them by shooting at them. The gang members chased their victims to a South Nashville nightclub, shot at them, and continuously shot into the nightclub, which was filled with patrons. The following weekend, on Feb. 25, 2017, MS-13 members and associates chased the victims again and shot Victim 6 in the neck and torso, causing Victim 6 to suffer life-threatening injuries. Metropolitan Nashville Police Department officers promptly provided medical care to Victim 6, helping to save his life.
On April 2, 2017, MS-13 members and associates were inside a South Nashville nightclub when they saw Victims 8 and 9. The gang members informed another MS-13 member and MS-13 associate, who were not in the nightclub, of the victims’ presence inside the nightclub and the gang members’ belief that the victims were rival gang members. The MS-13 member and associate outside of the nightclub retrieved an AK-47 rifle and shot Victims 8 and 9 multiple times when they left the club, killing them both.
On May 21, 2017, MS-13 members, including Flores and Kevin Tidwell, were parked in the parking lot of a South Nashville nightclub when they saw Victim 10, who they believed to be a rival gang member, pull into the parking lot. The gang members drove next to Victim 10’s car and shot him numerous times in his head and torso as he sat in his car, killing him.
On May 27, 2017, MS-13 members were at a convenience store in South Nashville, where Tidwell got into a verbal altercation with Victim 11 and felt disrespected. Tidwell got into a truck driven by Flores and waited behind the store until Victim 11 and Victim 12 drove away from the store. The MS-13 members chased the car while shooting at it with an AK-47 rifle and a 9mm pistol. Victim 11 was struck by the gunfire and died from his injuries. The MS-13 members later burned the truck in an abandoned field.
On June 17, 2017, several MS-13 members were at a nightclub and confronted Victim 13 for falsely claiming to be an MS-13 member. The gang members summoned additional members to the club for assistance. When the additional members arrived, a fight ensued between the MS-13 members and Victim 13 and his friends. Gerson Serrano-Ramirez ultimately retrieved an AK-47 rifle from a car and fired a round of ammunition into the air. The MS-13 members then forced Victim 13 into a car and took him to a secluded location, where they beat him.
On July 25, 2017, at Serrano-Ramirez’s home, Serrano-Ramirez physically assaulted Victim 14 for saying that MS-13 members and their drug activities were causing problems in a local nightclub. Serrano-Ramirez accused Victim 14 of cooperating with law enforcement, then pointed a rifle at him, choked him with the strap of the rifle, sprayed bleach in his eyes, suffocated him by placing a plastic bag over his head, and broke one of his fingers with a pair of pliers.
On Sept. 24, 2017, MS-13 members, including Luis Colindres, saw Victim 15, who they believed to be a rival gang member, in a South Nashville nightclub. MS-13 members watched him leave the nightclub with two other individuals, then drove to his apartment complex to await his return. When Victim 15 arrived, the gang members blocked the car with their car, got out, and shot Victim 15 in the head and torso multiple times, killing him. The members also shot one of the car’s passengers, Victim 16, in the head and torso multiple times to prevent him from cooperating with law enforcement.
Later that evening, on Sept. 24, 2017, MS-13 members and associates, including Flores and Colindres, lured Victim 17 to a secluded location to murder him for failing to repay a drug debt. When Victim 17 arrived, they ordered him into the trunk of a car and shot him multiple times. They then drove Victim 17’s body to Cheatham County, Tennessee, where they burned him inside of the car’s trunk to destroy evidence of the murder.
Throughout the course of the conspiracy, the MS-13 members committed several armed carjackings of citizens near the Nashville, Tennessee, area.
The defendants were sentenced as follows:
- Jorge Flores, 31, life plus 65 years in prison;
- Kevin Tidwell, 30, life plus 30 years in prison;
- Luis Colindres, 27, 55 years in prison;
- Jose Pineda-Caceres, 25, 52 years and three months in prison;
- Gerson Serrano-Ramirez, 36, 34 years in prison;
- Carlos Ochoa-Martinez, 34, 30 years in prison;
- Francisco Avila, 26, 30 years in prison;
- Franklin Hernandez, 24, 28 years and 11 months in prison;
- Jason Sandoval, 38, 20 years in prison;
- Oscar Delgado-Flores, 30, 19 years and eight months in prison;
- Angel Daniel-Garcia, 38, 13 years and nine months in prison;
- Bryan Paredes, 27, 10 years in prison;
- Jose Calderon, 24, 10 years in prison;
- Hector Venturas, 28, 12 years and seven months in prison;
- Juan Melendez, 25, eight years in prison;
- Franklin Pineda-Caceres, 23, seven years and six months in prison;
- Sergio Alvarado-Ochoa, 30, two years and six months in prison; and
- Anabely Caceres, 44, time-served sentence of one year and one month.
Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; Acting U.S. Attorney Thomas J. Jaworski for the Middle District of Tennessee; Special Agent in Charge Marcus Watson of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Nashville Field Division; Special Agent in Charge Rana Saoud of Homeland Security Investigations (HSI) Nashville; Acting Special Agent in Charge Erek Davodowich of the Drug Enforcement Administration (DEA) Louisville Field Division; U.S. Marshal Denny King for the Middle District of Tennessee; Chief John Drake of the Metropolitan Nashville Police Department; and Director David Rausch of the Tennessee Bureau of Investigation made the announcement.
The ATF, HSI, DEA, U.S. Marshals Service, Metropolitan Nashville Police Department, Tennessee Bureau of Investigation, La Vergne Police Department, and Kentucky State Police investigated the case.
Deputy Chief Matthew Hoff of the Criminal Division’s Violent Crime and Racketeering Section and Assistant U.S. Attorneys Ahmed Safeeullah and Brooke Farzad for the Middle District of Tennessee prosecuted this case.
This prosecution 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 www.justice.gov/OCDETF.
Eastern Idaho Attorney Pleads Guilty to Drug Trafficking ConspiracyRead the Press Release
POCATELLO – Robin Dwain Dunn, 69, of Rigby, pleaded guilty to one count of conspiracy to distribute fentanyl and methamphetamine, U.S. Attorney Josh Hurwit announced today.
Court records indicate that from June 2022 to February 2023, Dunn—an attorney practicing in Eastern Idaho who previously served as the Jefferson County Prosecuting Attorney—agreed with clients and others to distribute controlled substances. During the conspiracy, Dunn and a client made two trips to the Salt Lake City area to pick up methamphetamine and fentanyl. Dunn and the client then brought the drugs back to Idaho for distribution to others.
Court records further indicated that in November 2022, Dunn caused fentanyl to be distributed into a correctional facility (the Bonneville County Jail) to an inmate client. Dunn agreed that he abused a position of trust by using his position as an attorney to further his drug trafficking activities.
The charge in this case is punishable by up to 20 years in federal prison, a maximum fine of $1,000,000, and at least three years of supervised release. After Dunn entered his guilty plea, the court remanded him into the custody of the U.S. Marshals Service pending sentencing.
This case was investigated by the Drug Enforcement Administration with assistance from the Idaho Falls Police Department, the Bonneville County Sheriff’s Office, the Jefferson County Sheriff’s Office, and the Idaho State Police.
Assistant U.S. Attorneys Francis Zebari and Christopher Atwood are prosecuting the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Dubuque Man Who Distributed Fentanyl, Heroin, Cocaine, and Methamphetamine Sentenced to Federal PrisonRead the Press Release
A man who distributed fentanyl, heroin, cocaine, and methamphetamine was sentenced today to more than three years in federal prison.
Michael Henry Vandermillen, Jr., age 30, from Dubuque, Iowa, received the prison term after a February 6, 2024, guilty plea to one count of distribution of a controlled substance near a protected location.
At the guilty plea, Vandermillen admitted that on April 25, 2023, in Dubuque, Iowa, he transferred methamphetamine to another person within 1,000 feet of two parks. Evidence at the sentencing hearing showed that one month later, he distributed heroin and fentanyl to a confidential informant. When law enforcement officers came to search his residence in May 2023, they discovered him in the bathroom, where he was attempting to hide heroin, Xanax, and Ativan by consuming the substances. Two days later, his blood tested positive for fentanyl, cocaine, amphetamine, benzodiazepine, and THC.
Vandermillen was sentenced in Cedar Rapids by United States District Court Judge Leonard T. Strand. Vandermillen was sentenced to 41 months’ imprisonment and must also serve a 6-year term of supervised release after the prison term. There is no parole in the federal system. Vandermillen is being held in the United States Marshal’s custody until he can be transported to a prison.
The case was prosecuted by Assistant United States Attorney Devra T. Hake and was investigated as part of the Northern Iowa Heroin Initiative and the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort with the Dubuque Police Department and the Dubuque Drug Task Force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 23-CR-1023. Follow us on Twitter @USAO_NDIA.
Drug stash house operator heads to prisonRead the Press Release
McALLEN, Texas – A 47-year-old Pharr resident has been sentenced for his role in operating a drug stash house in north McAllen, announced U.S. Attorney Alamdar S. Hamdani.
Ivan Garza pleaded guilty Dec. 20, 2023.
U.S. District Judge John D. Rainey has now ordered Garza to serve 87 months in federal prison to be immediately followed by four years of supervised release. At the hearing, the court heard arguments regarding the possession of firearms in connection to the protection of drugs and drug money. In handing down the sentence, Judge Rainey noted Garza was not merely present at a drug stash house.
On Feb. 23, 2021, law enforcement responded to gunfire at a residence located in a north McAllen neighborhood. Upon arrival at the scene, authorities determined armed masked men had pulled Garza out of a black Chevy SUV as he was leaving the residence.
Law enforcement also learned that others at the residence opened fire from a balcony at the masked men as they fled the scene in Garza’s SUV.
In response, authorities made contact with Garza and other individuals staying at the residence. Following a search warrant, authorities seized three handguns, bundles of money totaling $268,000 and four kilograms of cocaine. Video from the residence’s cameras revealed Garza and others moved several of the seized cocaine bundles just before the masked men struck.
The investigation also revealed the black Chevy SUV the masked men took from Garza contained cocaine.
Garza will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The McAllen Police Department and FBI conducted the investigation. Assistant U.S. Attorney Jesse Salazar prosecuted the case.
Dominican Man Arrested for Drug TraffickingRead the Press Release
CONCORD – A Dominican man was arrested in connection with a drug trafficking offense, U.S. Attorney Jane E. Young announces.
Maikol Yordan Saldivar-Diaz, 28, was charged by complaint with one count of Distribution of Controlled Substances, namely fentanyl and methamphetamine. Saldivar-Diaz was arrested on July 17, 2024, and will appear in federal court in Concord on July 19, 2024.
According to the charging documents, Portsmouth Housing Authority notified Portsmouth Police Department of consistent drug activity at the Gosling Meadows Housing Development in Portsmouth, New Hampshire. Investigators were subsequently able to identify Saldivar-Diaz as the source of this drug activity. On three occasions in June and July of 2024, Saldivar-Diaz sold controlled substances to a confidential informant. The first two sales were for a quantity of suspected fentanyl, and the third sale was for a quantity of suspected methamphetamine.
Portsmouth Police Department led the investigation. The Drug Enforcement Administration provided valuable assistance. Assistant U.S. Attorney Tiffany Scanlon is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Danbury Non-Profit Settles Allegations It Enrolled Children of Employees Who Falsely Claimed to be Homeless into its Head Start ProgramsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that CONNECTICUT INSTITUTE FOR THE COMMUNITIES, INC. (“CIFC”) has entered into a civil settlement agreement and has paid $85,600 to resolve allegations that two of its now-former employees falsely claimed to be homeless while enrolling their children in CIFC’s Head Start programs.
CIFC is a Danbury-based non-profit corporation that receives federal grants to operate Head Start programs in several locations in Connecticut. The Head Start program supports children’s growth from birth to age five through services centered around early learning and development, health, and family well-being. Services are available for children from birth to age three (“Early Head Start”) and ages three to five (“Head Start”) in center-based, home-based, or family child care settings.
Head Start programs are intended primarily for “children from low-income families” and “homeless children.” Head Start rules also permit programs to enroll children whose families are not “low income,” receiving public benefits, homeless, or in foster care, but the total number of children from such families cannot exceed 10 percent of all program slots. Grantees, such as CIFC, are required to verify applicants’ program eligibility and to keep paper records of those eligibility determinations.
The government alleges that, between September 4, 2013 through August 31, 2016, CIFC enrolled into its Head Start programs the children of two now-former CIFC employees – including the now-former Manager of Eligibility, Recruitment, Selection, Enrollment, and Attendance for CIFC’s Head Start programs – which were falsely documented as homeless and for which false supporting documents were created. The CIFC employees were not homeless.
To resolve its liability, CIFC has paid $85,600. CIFC received credit in the settlement for its cooperation with the government during its investigation.
The False Claims Act allegations resolved by the settlement were originally brought in a lawsuit filed by two whistleblowers under the qui tam, or whistleblower, provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The relators (whistleblowers), former employees of CIFC, will receive $18,832 as their share of the recovery. The case resolved by this settlement was captioned U.S. ex rel. Nichols et al. v. Connecticut Institute for Communities, Inc. (Docket No. 3:20-CV-00262).
This matter was investigated by the Office of Inspector General for the Department of Health and Human Services (HHS-OIG) and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Sarah Gruber, with the assistance of Auditor Susan N. Spiegel.
People who suspect fraud are encouraged to report it by calling 1-800-HHS-TIPS.
DaVita to Pay over $34M to Resolve Allegations of Illegal KickbacksRead the Press Release
DaVita Inc., headquartered in Denver, Colorado, has agreed to pay $34,487,390 to resolve allegations that it violated the False Claims Act by paying kickbacks to induce referrals to DaVita Rx, a former subsidiary that provided pharmacy services for dialysis patients, and by paying kickbacks to nephrologists and vascular access physicians to induce the referral of patients to DaVita’s dialysis centers.
The Anti-Kickback Statute prohibits anyone from offering or paying, directly or indirectly, any remuneration — which includes money or any other thing of value — to induce referrals of patients or of items or services covered by Medicare, Medicaid and other federally funded programs.
The United States alleges that DaVita paid kickbacks to a competitor to induce referrals to DaVita Rx to serve as a “central fill pharmacy,” or prescription fulfillment provider, for that competitor’s Medicare patients’ prescriptions. In exchange, DaVita paid to acquire certain European dialysis clinics and agreed to extend a prior commitment to purchase dialysis products from the competitor. DaVita would not have paid the price that it did for these deals without the competitor’s commitment to refer its Medicare patients’ prescriptions to DaVita Rx in return.
The United States further alleges that DaVita provided management services to vascular access centers owned by physicians in a position to refer patients to DaVita’s dialysis clinics. DaVita paid improper remuneration to these physician-owners in the form of uncollected management fees to induce referrals to DaVita’s dialysis centers.
Finally, the United States alleges that DaVita paid improper remuneration to a large nephrology practice to induce referrals to DaVita’s dialysis clinics. DaVita gave the practice a right of refusal to staff the medical director position at any new dialysis center that opened near the nephrology practice and paid the practice $50,000 despite the practice’s decision not to staff the medical director position for those clinics.
“Improper financial arrangements between Medicare providers can distort the healthcare marketplace,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will hold accountable healthcare providers that seek to generate business by paying unlawful remuneration.”
“Medicare patients should be able to trust their healthcare providers not to pay illegal kickbacks to induce referrals,” said Acting U.S. Attorney Matthew Kirsch for the District of Colorado. “This resolution reflects the seriousness of the government’s determination to restore integrity to the healthcare marketplace.”
“Illegal kickback payments corrupt the market for health care services and cause harm and financial loss to Medicare and other federally funded health care programs,” said Special Agent in Charge Linda Hanley of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Our ongoing enforcement efforts aim to safeguard the integrity of taxpayer-funded health care programs, like Medicare and Medicaid, while curbing schemes that unduly influence patients' and doctors' health care options.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Dennis Kogod, a former Chief Operating Officer of DaVita Kidney Care. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Kogod v. DaVita, Inc., et al., No. 17-cv-02611-PAB (D. Colo.). Kogod will receive $6,370,000 of the proceeds from the settlement.
The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the District of Colorado with assistance from HHS-OIG.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS at 800-HHS-TIPS (800-447-8477).
Trial Attorney Gary Newkirk of the Civil Division and Assistant U.S. Attorney Lila Bateman for the District of Colorado handled the matter.
The claims resolved by the settlement are allegations only. There has been no determination of liability.
SettlementDaVita to Pay over $34M to Resolve Allegations of Illegal KickbacksRead the Press Release
DENVER – DaVita Inc., headquartered in Denver, has agreed to pay $34,487,390 to resolve allegations that it violated the False Claims Act by paying kickbacks to induce referrals to DaVita Rx, a former subsidiary that provided pharmacy services for dialysis patients, and by paying kickbacks to nephrologists and vascular access physicians to induce the referral of patients to DaVita’s dialysis centers.
The Anti-Kickback Statute prohibits anyone from offering or paying, directly or indirectly, any remuneration — which includes money or any other thing of value — to induce referrals of patients or of items or services covered by Medicare, Medicaid and other federally funded programs.
The United States alleges that DaVita paid kickbacks to a competitor to induce referrals to DaVita Rx to serve as a “central fill pharmacy,” or prescription fulfillment provider, for that competitor’s Medicare patients’ prescriptions. In exchange, DaVita paid to acquire certain European dialysis clinics and agreed to extend a prior commitment to purchase dialysis products from the competitor. DaVita would not have paid the price that it did for these deals without the competitor’s commitment to refer its Medicare patients’ prescriptions to DaVita Rx in return.
The United States further alleges that DaVita provided management services to vascular access centers owned by physicians in a position to refer patients to DaVita’s dialysis clinics. DaVita paid improper remuneration to these physician-owners in the form of uncollected management fees to induce referrals to DaVita’s dialysis centers.
Finally, the United States alleges that DaVita paid improper remuneration to a large nephrology practice to induce referrals to DaVita’s dialysis clinics. DaVita gave the practice a right of refusal to staff the medical director position at any new dialysis center that opened near the nephrology practice and paid the practice $50,000 despite the practice’s decision not to staff the medical director position for those clinics.
“Improper financial arrangements between Medicare providers can distort the healthcare marketplace,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will hold accountable healthcare providers that seek to generate business by paying unlawful remuneration.”
“Medicare patients should be able to trust their healthcare providers not to pay illegal kickbacks to induce referrals,” said Acting U.S. Attorney Matthew Kirsch for the District of Colorado. “This resolution reflects the seriousness of the government’s determination to restore integrity to the healthcare marketplace.”
“Illegal kickback payments corrupt the market for health care services and cause harm and financial loss to Medicare and other federally funded health care programs,” said Special Agent in Charge Linda Hanley of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Our ongoing enforcement efforts aim to safeguard the integrity of taxpayer-funded health care programs, like Medicare and Medicaid, while curbing schemes that unduly influence patients' and doctors' health care options.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Dennis Kogod, a former Chief Operating Officer of DaVita Kidney Care. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Kogod v. DaVita, Inc., et al., No. 17-cv-02611-PAB (D. Colo.). Kogod will receive $6,370,000 of the proceeds from the settlement.
The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the District of Colorado with assistance from HHS-OIG.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS at 800-HHS-TIPS (800-447-8477).
Trial Attorney Gary Newkirk and Assistant U.S. Attorney Lila Bateman for the District of Colorado investigated the matter.
The claims resolved by the settlement are allegations only. There has been no determination of liability.
Cryptocurrency Firm Executive Admits Stealing $4.46 Million from EmployerRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, Robert Fuller, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that DYLAN MEISSNER, 31, of Westport, pleaded guilty today in Hartford federal court to a fraud offense stemming from his theft of more than $4 million from his former employer.
According to court documents and statements made in court, Meissner was employed at a cryptocurrency research firm as Vice President of Finance with access to the firm’s cryptocurrency wallets and bank accounts. In approximately January 2022, Meissner obtained a 50 Ethereum (approximately $170,000) loan from his employer, stating that he would use the funds in an attempt to avoid a substantial loss in certain cryptocurrency investments he had made using his personal funds. Then, from February 2022 until his termination in November 2022, in continued attempts to counteract significant personal trading losses, Meissner fraudulently diverted his employer’s funds to his own use and covered up his conduct through false entries in the firm’s books and records. Through this scheme, Meissner stole approximately $4,461,828 from his employer.
Meissner pleaded guilty to wire fraud, an offense that carries a maximum term of imprisonment of 20 years. He is scheduled to be sentenced by U.S. District Judge Michael P. Shea on October 11.
Meissner faces a restitution order of $4,633,424.99, which includes the money he stole from his employer and the loan he failed to repay.
Meissner is released on a $100,000 bond pending sentencing.
This matter is being investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney David E. Novick.
Convicted Felon Receives 210-Year Federal Sentence for String of Armed Business RobberiesRead the Press Release
Memphis, TN – A Memphis man has been sentenced to 210 years in federal prison after being convicted of eight business robberies and one attempted business robbery that occurred in the summer of 2022. Kevin G. Ritz, United States Attorney for the Western District of Tennessee, announced the sentence today.
According to the information presented in court, on March 7, 2022, Marchello Moore, 43, escaped from a halfway house and set off on a series of armed robberies of local businesses. After a six-day federal jury trial in February 2024, Moore was convicted of eight counts of robbery, one count of attempted robbery, and eight counts of use of a firearm during and in relation to a crime of violence. Moore had previously pled guilty to escaping from federal custody from the halfway house where he had been serving a prior federal sentence for business and bank robberies committed in 2014.
On July 17, 2024, United States District Court Judge Jon P. McCalla sentenced Moore to 210 years of imprisonment, which included a mandatory minimum of 200 years because of the nature of the convictions and Moore’s criminal history. There is no parole in the federal system.
This investigation was conducted by the Federal Bureau of Investigation’s (FBI) Safe Streets Task Force, a collective comprised of federal, state, and local law enforcement personnel.
United States Attorney Kevin G. Ritz thanked Assistant United States Attorneys Elizabeth Rogers and Eileen Kuo, who prosecuted this case, as well as the law enforcement partners who investigated this case.
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For more information, please contact the Media Relations Team at [email protected]. Follow the U.S. Attorney’s Office on Facebook or on X at @WDTNNews for office news and updates.
Convicted Armed Drug Trafficker Pleads Guilty to Bibb County Jail EscapeRead the Press Release
MACON, Ga. – A Macon man who broke out of the Bibb County Jail in 2023 as he was awaiting federal sentencing for armed drug trafficking pleaded guilty to escaping from custody today.
Johnifer Dernard Barnwell, 38, pleaded guilty to one count of escape from custody before U.S. District Judge C. Ashley Royal on July 18. Barnwell faces a maximum sentence of five years in prison. His sentencing date will be determined by the Court. There is no parole in the federal system.
“Johnifer Barnwell cannot escape justice, no matter how hard he tries or how many people he puts at risk for his own self-interest,” U.S. Attorney Peter D. Leary. “Our office will continue to support law enforcement by making every federal resource available to them in our collective effort to make our communities safer and hold the most dangerous repeat criminals accountable.”
According to court documents and statements referenced in court, Barnwell was tried and convicted on Oct. 2, 2023, of armed drug trafficking in Case No. 5:22-CR-00009 (for more information, please visit https://www.justice.gov/usao-mdga/pr/jury-convicts-macon-residents-armed-fentanyl-meth-heroin-trafficking; a sentencing date for Case No. 5:22-CR-00009 will be determined by the Court). Barnwell was remanded to the custody of the United States Marshals Service (USMS) to await sentencing and was housed at the Bibb County LEC, a facility contracted by USMS to house federal inmates.
Barnwell escaped from the Bibb County LEC on Oct. 16, with the assistance of several individuals. Co-defendant Janecia Green, 31, of Macon, purchased a four-pound mallet and a Mayhew Guardian 2-3/4x9” Handguard Electrician Chisel from Home Depot on Oct. 13, 2023. Green gave the items to Christian “Twin” Williams, an associate of Barnwell’s, who arranged to smuggle them inside the Bibb County LEC perimeter. The mallet and chisel were then used to create an opening in the jail wall, and Barnwell and three other prisoners escaped. Green pleaded guilty to one count of assisting escape of person committed to custody on May 14, and is facing a maximum sentence of five years in prison. Her sentencing date will be determined by the Court.
Barnwell was captured in Augusta, Georgia, on Nov. 12, 2023, by FBI and Bibb County Sheriff’s Office deputies. He was alone in the house and was allegedly in possession of an AK-47 rifle with a loaded magazine; a 12-gauge shotgun loaded with 14 rounds; a .45 caliber pistol with a loaded magazine; an extended capacity magazine; a drum magazine; and 40 kilograms of suspected narcotics, the results of which are pending the completion of laboratory testing. To date, the results show Barnwell was in alleged possession of more than 23,000 grams of methamphetamine and more than 3,200 grams of fentanyl.
The case is being investigated by FBI, USMS and the Bibb County Sheriff’s Office.
Assistant U.S. Attorney Joy Odom is prosecuting the case for the Government.
Columbus man pleads guilty to robbing postal carrier at gunpointRead the Press Release
COLUMBUS, Ohio – A Columbus man pleaded guilty in U.S. District Court today to crimes related to armed robberies of United States postal carriers.
Anthony J. “A.J.” Williams, 20, admitted to brandishing a firearm during a crime of violence, committing aggravated robbery of United States property and conspiring to commit an offense against the United States.
Williams’s plea includes a recommended sentence of 84 to 108 months in prison.
According to court documents, on Nov. 9, 2022, Williams committed an armed robbery of a USPS letter carrier who was delivering mail on Michigan Ave. in Columbus. The postal carrier was delivering mail to an apartment complex’s “cluster box” at the time.
After borrowing a Glock19 from one co-conspirator and being driven by another co-conspirator, Williams approached the mail carrier and brandished the handgun directly at the victim. Williams demanded the victim’s postal keys and then yanked the postal keys off of the carrier’s belt.
Williams sent photos of the stolen key to another co-conspirator who was orchestrating the robbery.
The defendant also worked with that same co-conspirator to plan a postal robbery for Christmas Eve 2022 and repeatedly “fished” for stolen mail with stolen postal keys.
Williams was indicted by a federal grand jury and arrested in January 2024.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio, and Elena Iatarola, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the guilty plea entered today before Chief U.S. District Judge Algenon L. Marbley. Assistant United States Attorney Noah R. Litton is representing the United States in this case.
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Co-Conspirator in Magic Valley Drug Ring Sentenced to 10 Years in Federal Prison for Distributing FentanylRead the Press Release
BOISE – Brandon Aaron Dana, 36, a co-conspirator in a large drug trafficking conspiracy, was sentenced today to 10 years in federal prison for distributing over 7,000 fentanyl pills in the Magic Valley, announced U.S. Attorney Josh Hurwit.
According to court records, in the summer of 2023, law enforcement officers identified Dana while investigating a drug trafficking organization led by a man named Austin Lee. In approximately April 2023, Lee moved to Arizona, but continued to direct his drug trafficking enterprise in Idaho through various co-conspirators, including Dana. On June 20, 2023, Lee communicated with Dana and arranged to have him distribute approximately 7,000 fentanyl pills to an individual who, unbeknownst to Lee or Dana at the time, was an undercover officer investigating their conspiracy. The transaction happened as planned, and Dana drove to a gas station parking lot located in Jerome, Idaho, where he met with the undercover officer.
During the drug transaction, Dana handed the undercover officer a red plastic oil container that contained the fentanyl pills. Dana had cut the bottom portion of the container along the seam to create a small opening where he inserted the drugs. The drug transaction was audio and video recorded by police. The below photographs show how Dana concealed the pills.
Dana is the fifth defendant sentenced as a member of this drug trafficking conspiracy. On February 20, 2024, U.S. District Judge Amanda K. Brailsford sentenced co-conspirator Tina Morris to 97 months in federal prison. She also sentenced co-conspirator Jamie Coltrin to 48 months in prison. The following day, she sentenced co-conspirators Jenika Johnson to 48 months in prison and Daniel Coltrin to 25 months in prison. All four sentences were to be followed by three years of supervised release. These sentencings were previously announced by the U.S. Attorney’s Office, on February 26, 2024. See Press Release.
Dana has a prior criminal history that includes at least 14 criminal offenses, including four prior felony offenses involving delivery of a controlled substance, two burglaries, and an escape by a convicted felon. U.S. District Judge Amanda K. Brailsford sentenced Dana to a mandatory minimum sentence of 10 years in federal prison and a $900 fine. Following his imprisonment, he was ordered to complete five years of supervised release.
“This case reflects the success we are having in dismantling significant drug trafficking networks in the Magic Valley,” said U.S. Attorney Hurwit. “Along with our dedicated law enforcement partners, we will remain focused on this work. Drug traffickers should recognize that serious consequences await them if they bring poisonous drugs like fentanyl into Idaho.”
“DEA and our partners will work tirelessly to stop drug traffickers from flooding our communities with drugs and violence,” said David F. Reames, Special Agent in Charge, DEA Seattle Field Division. “The sentences in this case highlight the serious threat fentanyl and methamphetamine traffickers pose as well as our commitment to stop them.”
“Law enforcement agencies across jurisdictions are joining forces to combat the proliferation of illicit drugs within our communities,” said Idaho State Police Lieutenant Colonel Sheldon Kelley. “Through unwavering collaboration, we will work tirelessly to dismantle the networks responsible for distributing drugs throughout Idaho. By disrupting these operations, we not only uphold the law but also prioritize the safety and well-being of our citizens, ensuring our streets remain free from the harmful influence of drugs.”
U.S. Attorney Josh Hurwit commended the cooperative efforts of the Idaho State Police, the Drug Enforcement Administration, the Mini-Cassia Drug Task Force, the Twin Falls Special Investigations Unit, the Jerome County Prosecuting Attorney’s Office, and the Pocatello Police Department, for their work on these cases.
This case was prosecuted by Assistant U.S. Attorneys Christopher Booker and Frank Zebari.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Chicago Man Pleads Guilty to Investment FraudRead the Press Release
SACRAMENTO, Calif. — Gary Klopfenstein, 62, of Chicago, Illinois, pleaded guilty today to committing wire fraud in relation to an investment scheme, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Klopfenstein served as the Chief Wealth Officer of a company called Zolla Financial, which was an investment company operated by individuals in Shasta County and Butte County. From approximately June 2019 through March 2020, Klopfenstein carried out a fraudulent scheme to steal investor funds from Zolla. Through false representations, Klopfenstein persuaded Zolla executives to invest $2.45 million of Zolla investor funds in purported short-term notes related to the purchase and sale of jet fuel, which they referred to variously as jet fuel notes, jet fuel contracts, and a gas lease investment. No such notes existed. Klopfenstein used the Zolla funds to pay personal expenses and invest in a real estate development.
This case is a product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorney Matthew Thuesen is prosecuting the case. U.S. District Judge Troy L. Nunley is scheduled to sentence Klopfenstein on January 16, 2025. Klopfenstein faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the court’s discretion after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Charleston Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Willie Charles Sanders, also known as “Disco,” 51, of Charleston, was sentenced today to five years in prison, to be followed by three years of supervised release, for distribution of methamphetamine.
According to court documents and statements made in court, Sanders admitted that he sold approximately 28 grams of methamphetamine to a confidential informant on August 23, 2022. The transaction was among 16 transactions during which Sanders sold a total of approximately 111 grams of methamphetamine, 23 grams of fentanyl and a quantity of cocaine base, also known as “crack,” to the confidential informant between August 2, 2022, and November 18, 2022.
All of the transactions occurred at Sanders’ residence on the West Side of Charleston. Sanders sold the controlled substances in exchange for cash and items purported to be stolen such as catalytic converters, tools and clothing including clothing for his youngest child.
Sanders has a long criminal history that includes more than 30 prior convictions since 1991 in West Virginia, North Carolina, South Carolina, Virginia and Connecticut for various offenses including aggravated assault and battery, carrying a concealed weapon, distribution of crack cocaine, possession with intent to distribute a controlled substance, driving under the influence, identity fraud, and larceny.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), and the Charleston Police Department’s Special Enforcement Unit (SEU).
Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Troy D. Adams prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-164.
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Camden County Man Admits PPP and Unemployment Fraud SchemesRead the Press Release
CAMDEN, N.J. – A Camden County man today admitted to schemes to submit fraudulent Payroll Protection Program (PPP) and unemployment insurance applications, U.S. Attorney Philip R. Sellinger announced.
Ralston Boswell, 34, of Collingswood, New Jersey, pleaded guilty before U.S. District Judge Renee Marie Bumb in Camden federal court to an information charging him with two counts of wire fraud.
According to documents filed in this case and statements made in court:
From March 2021 through April 2021, Boswell submitted three fraudulent PPP loan applications that falsely stated his employment and income. Based on the three fraudulent applications, Boswell received a total of $56,250 in PPP loan funds. From May 2020 through March 2021, Boswell submitted multiple fraudulent unemployment insurance applications, including applications to the New York Department of Labor, the Rhode Island Department of Labor, and the Michigan Department of Labor. The applications falsely stated the name and employment status of the application and Boswell received $152,961 in unemployment insurance.
The counts of wire fraud each carry a maximum penalty of 20 years in prison and a $250,00 fine. Sentencing is scheduled for Nov. 20, 2024.
U.S. Attorney Sellinger credited special agents of the Department of Labor, Office of the Inspector General, under the direction of Jonathan Mellone, with the investigation leading to the guilty plea.
The government is represented by Assistant U.S. Attorney Joseph McFarlane of the Camden office.
boswell.information.pdfCalifornia Resident Steve H.S. Kim Sentenced for Selling $3.5M in Counterfeit and Substandard Electronics for Use in Military SystemsRead the Press Release
OAKLAND – A California man was sentenced to three years and six months in prison for a scheme to defraud the Department of Defense’s (DoD) Defense Logistics Agency (DLA) by selling over $3.5 million worth of fan assemblies to the DLA that were either counterfeit or that he misrepresented were new when in fact they were used or surplus.
“Our military must be able to trust that the equipment it is receiving actually reflects what it has purchased,” said U.S. Attorney Ismail Ramsey for the Northern District of California. “Kim fraudulently substituted counterfeit and non-conforming products for the equipment he promised to provide to the government. This sentence should serve as a warning to all vendors that such fraud will not be tolerated.”
According to court documents, Steve H.S. Kim, 63, of Alameda County, controlled Company A, which sold fan assemblies to the DLA that were either counterfeit or were used or surplus fan assemblies that Kim claimed were new. To trick the DLA into accepting the fan assemblies, Kim created counterfeit labels—some of which used Company B’s registered trademarks—that he attached to the fan assemblies he sold to the DLA. When the DLA questioned Kim about the origin of the fan assemblies, Kim concealed his scheme by giving the DLA fake tracing documents that he created and often signed using a false identity. Some of these counterfeit fans were installed or intended to be installed with electrical components on a nuclear submarine, a laser system on an aircraft, and a surface-to-air missile system.
U.S. Attorney Ismail J. Ramsey for the Northern District of California; Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; Special Agent in Charge Bryan D. Denny of the DoD Office of Inspector General, Defense Criminal Investigative Service (DCIS), Western Field Office; Special Agent in Charge Greg Gross of the Naval Criminal Investigative Service (NCIS) Economic Crimes Field Office; Special Agent in Charge Tatum King of Homeland Security Investigations (HSI); and Special Agent in Charge Keith K. Kelly of the Department of the Army Criminal Investigation Division’s (Army CID) Fraud Field Office made the announcement.
DCIS, NCIS, HSI, and Army CID investigated the case.
Assistant U.S. Attorney Katherine Lloyd-Lovett for the Northern District of California prosecuted the case together with the DOJ Criminal Division’s Fraud Section Assistant Chief Kyle C. Hankey, Trial Attorney David D. Hamstra, and former Trial Attorney Louis Manzo. Assistant Deputy Chief Adrienne Rose and Senior Counsels Jason Gull and Matthew A. Lamberti of the Criminal Division’s Computer Crime and Intellectual Property Section provided substantial assistance with the investigation.
Brandon Man Charged with COVID-19 FraudRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces the arrest of Rosson Hamilton (40, Brandon) on an indictment charging him with two counts of wire fraud. If convicted, Hamilton faces up to 20 years in federal prison on each count.
According to court records, between February 2021 and January 2022, Hamilton devised a scheme to defraud the Small Business Administration by submitting a false and fraudulent Paycheck Protection Program (PPP) loan application. PPP loans were one of the sources of economic relief provided for by the Coronavirus Aid, Relief and Economic Security (CARES) Act. Hamilton made false representations in his PPP application to secure the loan. The loan proceeds were later electronically transferred into his bank account.
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.
In May 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The task force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts.
This case was investigated by the Federal Housing Finance Agency – Office of Inspector General, the Federal Bureau of Investigation, and the U.S. Small Business Administration – Office of Inspector General. It is being prosecuted by Special Assistant United States Attorney Chris Poor.
Arkansas Man Sentenced to 14 Years in Prison for Traveling to Phoenix to Meet Minor for SexRead the Press Release
PHOENIX, Ariz. – Andrew Lee Butler, 49, of Arkansas, was sentenced last week to 14 years in prison after a jury found him guilty on March 15, 2024, on two charges: Attempted Coercion and Enticement of a Minor and Interstate Travel to Meet a Minor for Sex.
Butler was arrested on December 8, 2022, at Phoenix Sky Harbor International Airport after he communicated with an undercover FBI special agent’s account on a social media platform that he believed belonged to a 13-year-old girl. During the 38 days of daily chats between Butler and the FBI special agent who posed as the girl, Butler quickly raised the idea of having sex with the girl and planned travel to Phoenix to be with her for a weekend in December 2022. Butler believed the girl’s grandmother would be her caretaker for the weekend and that her mother was out of town. He encouraged the girl to talk with a friend of his who he claimed had been sexually active with older men and who had avoided detection. Butler reserved a hotel room, a car, and planned to pick the girl up after school. Butler encouraged her to talk to her mother about getting the HPV vaccination prior to his arrival as she needed parental approval to get it since she was under age 16.
Butler’s phone revealed that he had done an internet search for statutory rape laws in Arizona. When Butler was arrested at the airport, he was found in possession of eight sex devices, an emergency contraceptive pill, condoms, and shower gel and a sponge in the girl’s favorite color.
The Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorneys Gayle Helart and Jennifer Corbet, District of Arizona, Phoenix, AZ, handled the prosecution.
CASE NUMBER: CR-22-01695-PHX-SPL
RELEASE NUMBER: 2024-095_Butler# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.Alleged Transnational Human Smuggler Indicted and Sanctioned in the United States and Arrested in MexicoRead the Press Release
NEWS RELEASE SUMMARY – July 18, 2024
SAN DIEGO – An indictment was unsealed yesterday containing criminal charges against the alleged leader of a human smuggling organization responsible for unlawfully bringing thousands of migrants into the United States. Along with the organization, the defendant, who was arrested in Mexico at the request of the United States, has also been designated for financial sanctions by the U.S. Department of the Treasury. These developments were made possible through extensive bilateral coordination and cooperation efforts between U.S. and Mexican law enforcement authorities.
Abdul Karim Conteh, 42, a national of Sierra Leone, was arrested on July 11 in Tijuana, Mexico. The United States is pursuing Conteh’s extradition on federal charges stemming from his alleged actions in leading the human smuggling organization. His wife, Veronica Roblero Pivaral, 25, a national of Mexico, remains at large.
“This arrest unravels a global web of coordinated human smuggling into the United States,” said U.S. Attorney Tara McGrath for the Southern District of California. “Even the most far-reaching, prolific networks cannot evade justice.”
“In coordination with our law enforcement partners, the Justice Department has worked relentlessly to target and disrupt the unlawful, transnational human smuggling operations that endanger migrants and threaten our national security,” said Attorney General Merrick B. Garland. “We allege Abdul Karim Conteh and his organization smuggled thousands of migrants from more than a dozen different countries through Mexico into the United States. He has been arrested for his alleged role in this prolific, exploitive smuggling operation by Mexican authorities, and the Justice Department will ensure that he is held accountable in an American courtroom.”
“Human smugglers exploit the vulnerable for profit,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Along with our partners across this Administration and around the world, we are bringing the full force of the law to bear against the individuals and their organizations that perpetrate this heinous crime. We couple our unrelenting efforts with this warning to would-be migrants everywhere: do not believe the smuggler’s lies and risk your lives in their ruthless hands.”
According to the indictment, Conteh’s organization allegedly smuggled thousands of migrants to the United States through Mexico. These smuggled migrants originated from countries around the world, including Iran, Afghanistan, Uzbekistan, Pakistan, Kazakhstan, Turkey, Somalia, Cameroon, Senegal, Mauritania, Ethiopia, Egypt, and others. The migrants paid smuggling fees, often tens of thousands of dollars, to be transported through various countries such as Brazil, Colombia, Ecuador, Panama, Costa Rica, Nicaragua, Honduras, and Guatemala, on the way to the U.S.-Mexico border.
Conteh allegedly coordinated with Roblero and co-conspirators throughout Mexico and other countries to facilitate the global transportation of migrants into and through Mexico to the U.S. border. Conteh then allegedly oversaw the migrants’ unlawful entry into the United States by various surreptitious and unlawful means, including the use of ladders and tunnels.
Conteh, Roblero, and others are charged with conspiracy to smuggle migrants into the United States, which carries a maximum penalty of 10 years in prison. Conteh is also charged with the unlawful smuggling of migrants for financial gain, which carries a mandatory minimum of three years in prison for the first two violations. Additional violations carry a mandatory minimum of five years in prison and a maximum penalty of 15 years in prison.
In addition, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) added the Abdul Karim Conteh Human Smuggling Organization (HSO) and four individuals to the Specially Designated Nationals and Blocked Persons List pursuant to Executive Order (E.O.) 13851, as amended by E.O. 13863 (E.O. 13581, as amended). For additional information on actions taken by OFAC, please visit https://home.treasury.gov/news/press-releases/jy2470.
The U.S. Border Patrol, HSI, and IRS Criminal Investigation Los Angeles Field Office are investigating this case.
The Justice Department’s Office of International Affairs worked with the Mexican authorities to secure Conteh’s arrest.
Assistant U.S. Attorneys Ryan A. Sausedo and David E. Fawcett for the Southern District of California are prosecuting the case, with substantial assistance from Trial Attorney Danielle Hickman of the Criminal Division’s Human Rights and Special Prosecutions Section.
These actions resulted from the coordinated efforts of Joint Task Force Alpha (JTFA). Attorney General Merrick B. Garland established JTFA in June 2021 to marshal the investigative and prosecutorial resources of the Justice Department, in partnership with the Department of Homeland Security (DHS), to combat the rise in prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. JTFA comprises detailees from U.S. Attorneys’ Offices along the southwest border, including the Southern District of California, the District of Arizona, the District of New Mexico, and the Western and Southern Districts of Texas. Dedicated support is provided by numerous components of the Justice Department’s Criminal Division, led by the Human Rights and Special Prosecutions Section, with additional support by the Office of Prosecutorial Development, Assistance, and Training; the Narcotic and Dangerous Drug Section; the Money Laundering and Asset Recovery Section; the Office of Enforcement Operations; the Office of International Affairs; and the Violent Crime and Racketeering Section. JTFA also relies on substantial law enforcement investment from DHS, FBI, DEA, and other partners. To date, JTFA’s work has resulted in more than 310 domestic and international arrests of leaders, organizers, and significant facilitators of human smuggling; more than 250 U.S. convictions; more than 185 significant jail sentences imposed; and forfeitures of substantial assets.
The investigation is also supported by the Extraterritorial Criminal Travel Strike Force (ECT) program, a joint partnership between the Justice Department’s Criminal Division and HSI. The ECT program focuses on human smuggling networks that may present particular national security or public safety risks, or present grave humanitarian concerns. ECT has dedicated investigative, intelligence, and prosecutorial resources. ECT coordinates and receives assistance from other U.S. government agencies and foreign law enforcement authorities.
DEFENDANTS Case Number 24cr1059-JLS
(1) Abdul Karim Conteh Age: 42 Tijuana, Mexico
(2) Veronica Roblero Pivaral Age: 25 Tijuana, Mexico
SUMMARY OF CHARGES
Conspiracy to Bring in Aliens at a Place Other Than Designated Port of Entry - Title 8, U.S.C., Sec. 1324(a)(l)(A)(i) and (v)(i);
Maximum Penalty: Ten years in prison
Bringing in Aliens for Financial Gain and Aiding and Abetting - Title 8, U.S.C., Sec. 1324(a)(2)(B)(ii), and Title 18, U.S.C., Sec. 2
Maximum penalty: Fifteen years in prison
INVESTIGATING AGENCIES
U.S. Border Patrol
Homeland Security Investigations
Internal Revenue Service
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Alleged Transnational Human Smuggler Indicted and Sanctioned in the United States and Arrested in MexicoRead the Press Release
An indictment was unsealed yesterday containing criminal charges against the alleged leader of a human smuggling organization responsible for unlawfully bringing thousands of migrants into the United States. Along with the organization, the defendant, who was arrested in Mexico at the request of the United States, has also been designated for financial sanctions by the U.S. Department of the Treasury. These developments were made possible through extensive bilateral coordination and cooperation efforts between U.S. and Mexican law enforcement authorities.
Abdul Karim Conteh, 42, a national of Sierra Leone, was arrested on July 11 in Tijuana, Mexico. The United States is pursuing Conteh’s extradition on federal charges stemming from his alleged actions in leading the human smuggling organization. His wife, Veronica Roblero Pivaral, 25, a national of Mexico, remains at large.
“In coordination with our law enforcement partners, the Justice Department has worked relentlessly to target and disrupt the unlawful, transnational human smuggling operations that endanger migrants and threaten our national security,” said Attorney General Merrick B. Garland. “We allege Abdul Karim Conteh and his organization smuggled thousands of migrants from more than a dozen different countries through Mexico into the United States. He has been arrested for his alleged role in this prolific, exploitive smuggling operation by Mexican authorities, and the Justice Department will ensure that he is held accountable in an American courtroom.”
“Human smugglers exploit the vulnerable for profit,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Along with our partners across this Administration and around the world, we are bringing the full force of the law to bear against the individuals and their organizations that perpetrate this heinous crime. We couple our unrelenting efforts with this warning to would-be migrants everywhere: do not believe the smuggler’s lies and risk your lives in their ruthless hands.”
According to the indictment, Conteh’s organization allegedly smuggled thousands of migrants to the United States through Mexico. These smuggled migrants originated from countries around the world, including Iran, Afghanistan, Uzbekistan, Pakistan, Kazakhstan, Turkey, Somalia, Cameroon, Senegal, Mauritania, Ethiopia, Egypt, and others. The migrants paid smuggling fees, often tens of thousands of dollars, to be transported through various countries such as Brazil, Colombia, Ecuador, Panama, Costa Rica, Nicaragua, Honduras, and Guatemala, on the way to the U.S.-Mexico border.
“This arrest unravels a global web of coordinated human smuggling into the United States,” said U.S. Attorney Tara McGrath for the Southern District of California. “Even the most far-reaching, prolific networks cannot evade justice.”
Conteh allegedly coordinated with Roblero and co-conspirators throughout Mexico and other countries to facilitate the global transportation of migrants into and through Mexico to the U.S. border. Conteh then allegedly oversaw the migrants’ unlawful entry into the United States by various surreptitious and unlawful means, including the use of ladders and tunnels.
Conteh, Roblero, and others are charged with conspiracy to smuggle migrants into the United States, which carries a maximum penalty of 10 years in prison. Conteh is also charged with the unlawful smuggling of migrants for financial gain, which carries a mandatory minimum of three years in prison for the first two violations. Additional violations carry a mandatory minimum of five years in prison and a maximum penalty of 15 years in prison.
In addition, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) added the Abdul Karim Conteh Human Smuggling Organization (HSO) and four individuals to the Specially Designated Nationals and Blocked Persons List pursuant to Executive Order (E.O.) 13851, as amended by E.O. 13863 (E.O. 13581, as amended). For additional information on actions taken by OFAC, please visit www.home.treasury.gov/news/press-releases/jy2470.
The U.S. Border Patrol, HSI, and IRS Criminal Investigation Los Angeles Field Office are investigating this case.
The Justice Department’s Office of International Affairs worked with the Mexican authorities to secure Conteh’s arrest.
Assistant U.S. Attorneys Ryan A. Sausedo and David E. Fawcett for the Southern District of California are prosecuting the case, with substantial assistance from Trial Attorney Danielle Hickman of the Criminal Division’s Human Rights and Special Prosecutions Section.
These actions resulted from the coordinated efforts of Joint Task Force Alpha (JTFA). Attorney General Merrick B. Garland established JTFA in June 2021 to marshal the investigative and prosecutorial resources of the Justice Department, in partnership with the Department of Homeland Security (DHS), to combat the rise in prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. JTFA comprises detailees from U.S. Attorneys’ Offices along the southwest border, including the Southern District of California, the District of Arizona, the District of New Mexico, and the Western and Southern Districts of Texas. Dedicated support is provided by numerous components of the Justice Department’s Criminal Division, led by the Human Rights and Special Prosecutions Section, with additional support by the Office of Prosecutorial Development, Assistance, and Training; the Narcotic and Dangerous Drug Section; the Money Laundering and Asset Recovery Section; the Office of Enforcement Operations; the Office of International Affairs; and the Violent Crime and Racketeering Section. JTFA also relies on substantial law enforcement investment from DHS, FBI, DEA, and other partners. To date, JTFA’s work has resulted in more than 310 domestic and international arrests of leaders, organizers, and significant facilitators of human smuggling; more than 250 U.S. convictions; more than 185 significant jail sentences imposed; and forfeitures of substantial assets.
IndictmentAlabama Man Pleads Guilty to Violating Iran SanctionsRead the Press Release
BIRMINGHAM, Ala. – Ray Hunt, also known as Abdolrahman Hantoosh, Rahman Hantoosh and Rahman Natooshas, 70, of Owens Cross Roads, pleaded guilty today to conspiracy to export U.S.-origin goods to the Islamic Republic of Iran in violation of trade sanctions.
According to court documents, in May 2014, Hunt registered Vega Tools, LLC with the Alabama Secretary of State, listing the nature of the business as “the purchase/resale of equipment for the energy sector.” He operated Vega Tools, including purchasing, receiving, and shipping U.S.-origin goods, from locations in Madison County, Alabama. Beginning at least as early as 2015, Hunt conspired with two Iranian companies located in Tehran, Iran, to illegally export U.S.-manufactured industrial equipment for use in Iran’s oil, gas, and petrochemical industries.
Hunt engaged in a series of deceptive practices to avoid detection by U.S. authorities, including using third-party transshipment companies in Turkey and the United Arab Emirates (UAE) and routing payments through UAE banks, as well as lying to shipping companies about the value of his exports to prevent the filing of Electronic Export Information to U.S. authorities. Hunt lied to suppliers and shippers by claiming the items he purchased on behalf of the Iranian co-conspirators were destined for end-users in Turkey and UAE, while knowing the exports were ultimately destined for Iran. Hunt lied also to U.S. Customs and Border Patrol officers regarding the nature and existence of his business when questioned upon his return from a March 2020 trip to Iran.
Hunt pleaded guilty to a conspiracy charge and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Department of Commerce Bureau of Industry and Security is investigating the case with valuable assistance provided by the FBI.
Assistant U.S. Attorneys Jonathan “Jack” Harrington, Jonathan Cross, and Henry Cornelius and Trial Attorneys Emma Ellenrieder and Adam Barry of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
Alabama Man Pleads Guilty to Violating Iran SanctionsRead the Press Release
Ray Hunt, also known as Abdolrahman Hantoosh, Rahman Hantoosh and Rahman Natooshas, 70, of Owens Cross Roads, Alabama, pleaded guilty today to conspiracy to export U.S.-origin goods to the Islamic Republic of Iran in violation of trade sanctions.
According to court documents, in May 2014, Hunt registered Vega Tools LLC with the Alabama Secretary of State, listing the nature of the business as “the purchase/resale of equipment for the energy sector.” He operated Vega Tools, including purchasing, receiving and shipping U.S.-origin goods, from locations in Madison County, Alabama. Beginning at least as early as 2015, Hunt conspired with two Iranian companies located in Tehran, Iran, to illegally export U.S.-manufactured industrial equipment for use in Iran’s oil, gas and petrochemical industries.
Hunt engaged in a series of deceptive practices to avoid detection by U.S. authorities, including using third-party transshipment companies in Turkey and the United Arab Emirates (UAE) and routing payments through UAE banks, as well as lying to shipping companies about the value of his exports to prevent the filing of electronic export information to U.S. authorities. Hunt lied to suppliers and shippers by claiming the items he purchased on behalf of the Iranian co-conspirators were destined for end users in Turkey and UAE, while knowing the exports were ultimately destined for Iran. Hunt lied also to U.S. Customs and Border Patrol officers regarding the nature and existence of his business when questioned upon his return from a March 2020 trip to Iran.
Hunt pleaded guilty to a conspiracy charge and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Prim F. Escalona for the Northern District of Alabama, Assistant Secretary of Commerce for Export Enforcement Matthew S. Axelrod and Executive Assistant Director Robert Wells of the FBI National Security Branch made the announcement.
The Department of Commerce Bureau of Industry and Security is investigating the case with valuable assistance provided by the FBI.
Assistant U.S. Attorneys Jonathan “Jack” Harrington, Jonathan Cross and Henry Cornelius for the Northern District of Alabama and Trial Attorneys Emma Ellenrieder and Adam Barry of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
Airline Employee Indicted for Attempted Coercion, Enticement of A Minor and Possession of Child Sexual Abuse MaterialRead the Press Release
Tampa, Florida –United States Attorney Roger B. Handberg announces the return by a grand jury of an indictment charging Brian Todd Walker (51, Bradenton) with attempted coercion and enticement of a minor to engage in sexual activity and possession of child sexual abuse material. If convicted on all counts, Walker faces a maximum penalty of life in federal prison.
According to court documents, Walker contacted a 12-year-old female living in his community over the social media application, TikTok. Walker engaged in sexual conversations with who he believed to be the 12-year-old female and attempted to coerce and entice her to engage in sexual activity. Within the conversations, Walker shared his attraction to 12-year-old females and expressed his desire to meet in person. On June 24, 2024, Walker travelled to meet the minor in person at the community pool and was arrested at the scene. Law enforcement seized a cell phone from Walker and located images of minors under the age of 12 engaged in sexually explicit conduct.
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 was investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Courtney Derry.
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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Addiction Treatment Chain Owner & Company Plead Guilty to Health Care Fraud ConspiracyRead the Press Release
PROVIDENCE, RI – The owner of a Rhode Island-based chain of addiction treatment centers and his company, who together defrauded Medicare, Medicaid, and other health insurers out of millions of dollars and shortchanged patients suffering from substance abuse disorder in Rhode Island and Massachusetts out of much-needed counseling and treatment, today pleaded guilty in federal in Providence to health care fraud conspiracy, announced United States Attorney Zachary A. Cunha.
Michael Brier, 61, of Newton, MA, and Recovery Connections Centers of America, Inc. (RCCA) admitted to a federal judge that they failed to provide patients with required counseling sessions and treatment, while simultaneously billing Medicare, Medicaid, and other health care payors for 45-minute counseling sessions on a routine basis even though the sessions were often only 5-10 minutes or less.
Briar and RCCA also admitted that they caused a fraudulent application to be submitted to Medicare which, among other things, misrepresented and concealed the role that Brier was playing in the business and failed to disclose Brier’s 2013 criminal conviction for federal tax crimes, which was relevant to Medicare’s consideration of the application; Brier was sentenced to 27 months incarceration by a federal judge as a result of that 2013 conviction.
Court documents illustrate that, if plea agreements filed in this matter are accepted by the Court, Brier will be sentenced in this case to between six and ten years of incarceration, followed by three years of federal supervised release. Additionally, Brier will be ordered to make restitution of more than $3.4 million and will forfeit assets realized as a result of his criminal conduct, including approximately one million dollars contained in various bank and investment accounts, his interest in a beachfront condominium in Caracol Beach, Panama, a 2020 Mercedes Benz, and a 2019 Lexus RX350.
The corporate entity, RCCA, which is now in receivership, faces maximum penalties of $500,000, or twice the gross gain or loss from the offense, whichever is greater, and up to five years probation.
Briar and RCCA are scheduled to be sentenced on November 6, 2024. The defendants’ sentences will be determined by a federal district court judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant United States Attorneys Sara Miron Bloom and Kevin Love Hubbard, with the assistance of Assistant United States Attorney Milind M. Shah.
The matter was investigated by the U.S. Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation. United States Attorney Cunha thanks the IRS, Customs and Border Protection, and the Rhode Island Department of the Attorney General for their assistance in the investigation.
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Adair County Resident Sentenced for Federal Firearm CrimeRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announces that Ralph Gene Carloss, age 72, of Welling, Oklahoma, was sentenced to 46 months imprisonment for illegal possession of a firearm and ammunition.
The charge arose from an investigation by the Adair County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On August 11, 2023, Carloss pleaded guilty to one count of Felon in Possession of Firearm and Ammunition. According to investigators, on April 11, 2023, after fleeing from law enforcement in his vehicle, Carloss was apprehended and found in possession of a firearm and 16 rounds of ammunition after having been previously convicted of a crime punishable by more than one year imprisonment.
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 William P. Johnson, Chief U.S. District Judge in the United States District Court for the District of New Mexico, sitting by assignment, presided over the sentencing hearing in Muskogee, Oklahoma. Carloss 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 T. Cameron McEwen represented the United States.
Wednesday 17 July 2024
“No Rats Allowed” Crew Member Sentenced for Fentanyl Trafficking and Possession of an Illegal Firearm While on Supervised ReleaseRead the Press Release
WASHINGTON – Keith Jones, 27, of Washington D.C., was sentenced today in U.S. District Court to 74 months in prison for participating in a long-running drug trafficking conspiracy that distributed fentanyl throughout the District of Columbia, announced U.S. Attorney Matthew M. Graves and FBI Special Agent in Charge David J. Scott of the FBI Washington Field Office Criminal and Cyber Division.
Jones pleaded guilty March 19, 2024, before U.S. District Judge Carl J. Nichols to conspiring to distribute 40 grams or more of a mixture containing fentanyl and unlawful possession of a firearm and ammunition by a felon. At the time of the trafficking offenses, Jones was on supervised probation for a robbery conviction out of Maryland.
Jones’ plea followed a lengthy investigation by the Metropolitan Police Department’s Narcotics Enforcement Unit (NEU), FBI’s Washington Field Office, and the U.S. Attorney’s Office for the District of Columbia. In addition to the prison sentence, Judge Nichols ordered Jones to serve four years of supervised release.
According to court documents, the law enforcement partnership identified a crew of young men operating within on the 200 block of K Street, Southwest, with firearms, large amounts of U.S. currency, and illegal narcotics. The members of the group wore matching insignia on clothing printed with “NO RATS ALLOWED” or “N.R.A.” Jones, aka “Chief,” and other members of the N.R.A. crew used several townhouses on the block as stash locations or “trap houses” for narcotics and firearms. Many of Jones’ N.R.A. associates have been arrested and successfully prosecuted for firearms offenses and the possession and distribution of counterfeit pills containing fentanyl.
From October 2021 to October 2023, Jones relied heavily on social media to both make connections with other drug dealers to conduct sales of illegal substances to individual customers and N.R.A. crew members. On his Instagram account and cell phone, investigators found evidence showing Jones’ trafficking of crack cocaine, promethazine, and wholesale quantities of counterfeit pills containing fentanyl and marijuana. Furthermore, the digital evidence showed that Jones was aware that at least some of the counterfeit pills he sold contained fentanyl and was warned by another drug dealer that certain pills he was selling might contain lethal amounts of fentanyl.
MPD officers arrested Jones on October 28, 2023, following a foot chase, during which he discarded a 40 caliber Smith and Wesson in the lobby of the Capitol Park Plaza Apartments in Washington D.C. That firearm discharged as he tossed it and the bullet struck a glass window in the lobby of the apartment building, narrowly missing two security guards that were feet away from him.
Jones previously was convicted in January 2020 of a robbery in Prince George’s County for which he was sentenced to 10 years, but the sentence was suspended to all but six days followed by three years of supervised release.
This case was investigated by the FBI’s Violent Crimes Task Force, with valuable assistance from the Metropolitan Police Department. It was prosecuted by Assistant U.S. Attorney Justin F. Song.
23cr0397
‘PDS’ Street Crew Leader Pleads Guilty to Numerous Offenses Related to Drug Trafficking, Machine Guns, and Other FirearmsRead the Press Release
WASHINGTON – Eugene Tracy Hill, 31, of Washington D.C., who utilized the street nicknames “Geno,” Cheese,” or “Doe,” pleaded guilty today to conspiracy to distribute controlled substances; conspiracy to use, carry, and possess machine guns in furtherance of drug trafficking, and two counts of using, carrying, and possessing a firearm in furtherance of drug trafficking.
The plea was announced U.S. Attorney Matthew M. Graves; FBI Special Agent David J. Scott of the Washington Field Office’s Criminal and Cyber Division; Special Agent Craig B. Kailimai of the Bureau of Alcohol Tobacco Firearms and Explosives Washington Field Division; and Chief Pamela Smith of the Metropolitan Police Department (MPD).
U.S. District Judge Amy Berman Jackson set a sentencing date for October 18, 2024.
According to court documents, Hill, who was a member of the Push Dat Shit (PDS) Street Crew which held territory in the Congress Heights neighborhood of Southeast Washington, D.C., conspired with other crew members to distribute both marijuana and oxycodone within their territory. As part of his plea agreement, Hill admitted to holding a leadership role within the conspiracy, and further admitted that the co-conspirators distributed more than 100 kilograms of marijuana during the course of their conspiracy. For his part, Hill admitted that he sold marijuana and oxycodone in bulk transactions to other drug dealers, and also sold in street level transactions out of “trap houses” maintained by the crew.
According to court documents, the co-conspirators also conspired to use, carry, and possess firearms to protect themselves, their drugs, their cash, and their territory from rival crews with whom PDS had “beefs.” As part of his plea agreement, Hill admitted that, as part of the conspiracy one of his co-conspirators assembled fully automatic AR-Pistol machineguns which were then distributed within the crew for use in furtherance of their drug trafficking conspiracy. Hill admitted that he purchased and possessed machineguns during his part in the conspiracy.
Hill was arrested on September 15, 2022, shortly before the FBI executed a search warrant at a “trap house” he and his co-conspirators maintained on Fourth Street, Southeast. FBI agents recovered two Glock handguns, approximately 100 rounds of ammunition, 1.8 pounds of marijuana, two digital scales, a money counter, and approximately $15,000 from that residence. Hill has been detained since his arrest.
This case was investigated by Special Agents of the FBI and ATF with assistance from both officers and detectives from the MPD as part of a joint investigation which has resulted in the seizure of two vehicles, 13 handguns, five machineguns, and several hundred rounds of ammunition, as well as almost 40 pounds of marijuana, dozens of oxycodone pills, and more than $300,000 in cash. The case is being prosecuted by Assistant U.S. Attorneys James B. Nelson and Justin F. Song with valuable assistance from Paralegal Specialists Marissa Mondelli and Melissa Macechko.
22cr303
Woman who fraudulently used state grant monies sentenced to probation and home confinementRead the Press Release
Tacoma – The former Executive Director of the Washington Coalition of Crime Victim Advocates (WCCVA) was sentenced today in U.S. District Court in Tacoma to five years of probation and six months of home confinement for two counts of wire fraud. Cody Benson, formerly of Olympia, Washington was convicted in January following a six-day jury trial. Benson was indicted in July 2021 for her scheme to falsely claim Washington State public grant funding for work that was never done. At the sentencing hearing U.S. District Judge Benjamin H. Settle noted that the crime was serious in that the defendant “was drawing a salary while doing little work for an extended time” and that “taxpayers did not get the benefits” of the grant funds meant for training crime-victim advocates.
“This defendant was supposed to do critical work – training advocates for crime victims. Instead, she falsified documents to make it appear work was being done, and moved halfway around the world to Italy,” said U.S. Attorney Gorman. “It is remarkable that she believed such conduct would not be scrutinized and prosecuted.”
According to records filed in the case, Benson was the head of an Olympia-based non-profit organization that was tasked with training advocates to assist crime victims. In 2013, the legislature appropriated money for this work with a grant administered through the Washington State Attorney General’s Office. Between 2015 and 2017, Benson submitted fraudulent invoices for reimbursement under the grant. She submitted bills for training events that were never held or supplies that were never purchased. In early 2016, she moved away to Italy, yet in the ensuing years, she repeatedly told representatives of the Attorney General’s Office that she was in Washington State doing various outreach and other work. Those representations were false.
By the end of the scheme, WCCVA had only two employees: Benson and her son. The Washington State Attorney General’s Office became concerned about WCCVA’s performance under the grant in early 2018 and began investigating. Benson returned just over $50,000 to the state, but other funds were not recovered. The grant payments ceased, and WCCVA is defunct.
In all, prosecutors argued that WCCVA obtained almost $180,000 from Benson’s false invoices, and that Benson herself obtained approximately $257,000 in net salary and other benefits such as health insurance, retirement plan contributions, and health reimbursement account contributions during the fraudulent scheme.
The case was investigated by the FBI. The case is being prosecuted by Assistant United States Attorneys Philip Kopczynski and Yunah Chung.