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Tuesday 7 May 2024
Nebraska Man Sentenced to 15 Years in Federal Prison for Possession with Intent to Distribute MethRead the Press Release
A Nebraska man who planned to distribute methamphetamine, was sentenced on May 7, 2024, in federal court in Sioux City.
Calvin Wright, 33, from Creighton, Nebraska, pled guilty on January 24, 2024, to possession with intent to distribute methamphetamine. Wright was previously convicted of possession with intent to distribute methamphetamine in 2016 in Nebraska.
Evidence at the plea and sentencing hearings showed that on July 5, 2023, in Sioux City, Iowa, law enforcement stopped a vehicle in which Wright was a passenger. Due to suspicious activity, a K-9 was deployed and indicated the presence of a controlled substance in the vehicle. In a backpack which had been between Wright’s legs in the vehicle, law enforcement found approximately 95 grams of pure methamphetamine, scales, and drug paraphernalia.
Sentencing was held before United States District Court Judge Leonard T. Strand. Wright was sentenced to 15 years’ imprisonment and must serve a term of ten years supervised release following imprisonment. There is no parole in the federal system. Wright remains in custody of the United States Marshal until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 23-4052.
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Mother and Daughter Team Sentenced to Prison for Jailhouse Unemployment Insurance FraudRead the Press Release
FRESNO, Calif. — Makiah Miles, 30, of Compton, California, was sentenced yesterday to 21 months in prison and Apryl Weston, 51, of Santa Maria, California, was sentenced yesterday to 5 months in prison and 5 months home detention for submitting fraudulent unemployment insurance claims to the California Employment Development Department (EDD) in the names of inmates, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Miles was an inmate at the Central California Women’s Facility in Chowchilla, California, and Weston is her mother. Miles had previously been convicted of DUI manslaughter.
From June through December 2020, Miles obtained other inmates’ names, dates of birth, and social security numbers and sent that information to Weston to submit claims in those inmates’ identities as well as Miles’ own identity. The underlying applications misrepresented that Miles and the other inmates worked as childcare providers, cosmetologists, hairdressers, and other occupations, that they last worked within the prior few months and recently became unemployed because of the COVID-19 pandemic, and that they were currently available to work. The fraudulent claims were worth nearly $250,000.
This case is the product of an investigation by FBI, the California Department of Corrections and Rehabilitation’s Investigative Services Unit, and the EDD. Assistant United States Attorney Joseph Barton is prosecuting the case.
This case is part of the California COVID-19 Fraud Enforcement Strike Force, which is one of the interagency COVID-19 fraud strike forces established by the United States Department of Justice. The California Strike Force combines law enforcement and prosecutorial resources in the Eastern and Central Districts of California, and focuses on large-scale, multistate, and egregious pandemic relief fraud. The strike force uses prosecutor-led, and data analyst-driven, teams to identify and bring to justice those who stole pandemic relief money.
Mobile Man Sentenced to More Than Three Years in Prison for Illegally Possessing a MachinegunRead the Press Release
MOBILE, AL – A Mobile man was sentenced to 37 months in prison for illegally possessing a machinegun.
According to court documents, Naquarius Isaiah Braxton, 23, was arrested in March 2023 after he led Mobile police on a high-speed car chase. Braxton refused to stop for police after running a stop sign and failing to signal a turn. During the chase, Braxton exceeded 80 miles per hour through a residential neighborhood, lost control of his car, and struck a brick mailbox. Braxton then bailed out of the car and fled on foot with a Glock pistol in his right hand. Officers caught Braxton in the backyard of a house and took him into custody. Officers found Braxton’s .40 caliber Glock pistol lying in the grass nearby. The pistol was illegally modified with a machinegun-conversion device, commonly referred to as a “Glock switch,” which rendered the pistol a fully automatic weapon.
After arresting Braxton, officers searched the car that he had abandoned. On the driver’s seat where Braxton had been sitting, officers found a 60-round drum magazine containing 38 rounds of .40 caliber ammunition and a full-faced ski mask. On the front floorboard, officers found two plastic baggies containing marijuana. Federal agents executed search warrants for Braxton’s Instagram accounts, which contained evidence of his possession of illegally modified weapons. Specifically, Braxton’s accounts contained numerous pictures and videos of Braxton holding Glock pistols equipped with machinegun-conversion devices and drum magazines, including the pistol that officers seized from him on March 4, 2023.
In addition to the 37-month prison sentence, Senior United States District Judge William H. Steele ordered Braxton to serve a three-year term of supervised release upon his release from prison. The court did not impose a fine, but Judge Steele ordered Braxton to pay $100 in special assessments.
U.S. Attorney Sean P. Costello of the Southern District of Alabama made the announcement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Mobile Police Department investigated the case.
Assistant U.S. Attorney Justin Roller prosecuted the case on behalf of the United States.
Missouri Sex Offender Sentenced to 20 Years in Prison for New Child Pornography CrimeRead the Press Release
ST. LOUIS – U.S. District Judge Henry E. Autrey on Tuesday sentenced a registered sex offender who sought child pornography from a 13-year-old to 20 years in prison.
Jace Chandler Hickman, now 42, of Washington County, Missouri, was a registered sex offender in October of 2019, when he began using Facebook messenger to communicate with a 13-year-old girl. Hickman told the victim that he was 19, and later said he was 16. He engaged in sexually explicit communications with her and repeatedly asked her to video chat and to meet him in person. He did convince her to send him an explicit photo.
Hickman, who used the names Chandler Scott and Chandler Dickman on Facebook, was convicted in Maries County, Missouri in 2018 of two counts of possession of child pornography.
Hickman pleaded guilty in U.S. District Court in St. Louis in February to one count of possession of child pornography. Due to his prior conviction, the crime carried a mandatory minimum prison term of 10 years and a maximum of 20 years.
The FBI, the St. Clair Police Department, and the Franklin County Sheriff’s Office investigated the case. Assistant U.S. Attorney Kyle Bateman prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Department of Justice Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Mississippi Woman and Alabama Man Sentenced to Prison for Conspiracy to Possess with Intent to Distribute 991 Grams of MethamphetamineRead the Press Release
Gulfport, MS – A Moss Point woman and a Grand Bay, Alabama man were sentenced in federal court for their involvement in a conspiracy to possess with intent to distribute 991 grams of methamphetamine.
Linda Renee Mizell, 41, was sentenced to 75 months in prison and Charles Oliver Trahan, II, 51, was sentenced to 155 months in prison.
According to court documents, in early 2023, law enforcement officers received information that Mizell was selling methamphetamine in Jackson County, Mississippi. Further investigation revealed that Mizell was working with Charles Trahan to sell the methamphetamine. Law enforcement identified and corroborated trips where Trahan traveled from Alabama to Mizell’s residence.
On August 22, 2023, officers observed Trahan leaving Mizell’s residence and initiated a traffic stop which led to the recovery of 991 grams of methamphetamine. Trahan was placed under arrest and analysis of his cell phone revealed that he had frequent contact with Mizell, and that multiple digital cash payments were sent from Trahan to Mizell. Agents executed a search warrant on Mizell’s residence and recovered a digital scale and methamphetamine paraphernalia.
On September 19, 2023, a federal grand jury indicted Mizell and Trahan. Both defendants subsequently pled guilty to conspiracy to possess with intent to distribute methamphetamine.
U.S. Attorney Todd W. Gee of the Southern District of Mississippi and Assistant Special Agent in Charge Anessa Daniels-McCaw of the Drug Enforcement Administration made the announcement.
The case was investigated by the Drug Enforcement Administration and the South Mississippi Metro Enforcement Team.
Assistant U.S. Attorney Erica Rose prosecuted the case.
Minnesota Man Sentenced to over Eight Years in Prison for Tax Fraud SchemeRead the Press Release
A Minnesota man was sentenced today to 108 months in prison for wire fraud and assisting in the preparation of false tax returns.
According to court documents and statements made in court, from 2012 to 2018, Beau Wesley Gensmer, of Prior Lake, developed a scheme to file 63 false tax returns that claimed fraudulently inflated tax refunds on behalf of unwitting taxpayer clients. In furtherance of his scheme, Gensmer hired two tax returns preparers, including one based in Anchorage, Alaska, to whom he knowingly emailed false information, including fraudulent business losses and charitable contributions.
The return preparers relied on the information provided by Gensmer, and as a result, prepared and electronically filed false returns for each of his clients. Gensmer charged his clients a commission of approximately 30% for each fraudulent refund. In total, Gensmer caused a tax loss to the IRS of approximately $6.7 million.
As part of his scheme, Gensmer also provided “audit protection services” to clients who were audited by the IRS for the fraudulent tax returns he helped prepare. Gensmer submitted false documents to the IRS during these audits.
In addition to his prison sentence, U.S. District Judge John R. Tunheim for the District of Minnesota ordered Gensmer to serve three years of supervised release and to pay $4,716,732.35 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Andrew M. Luger for the District of Minnesota made the announcement.
IRS Criminal Investigation investigated the case.
Trial Attorney Dominick Giovanniello and former Trial Attorney Ahmed Almudallal of the Tax Division prosecuted the case.
Memphis Man Sentenced for Possession of Goods Stolen from Semi-TrailerRead the Press Release
Memphis, TN - A federal judge recently sentenced a Memphis man to 46 months in federal prison for possessing goods that had been stolen from a semi-trailer traveling from Ontario, Canada, which was parked in Memphis overnight. United States Attorney Kevin Ritz announced the sentence today.
According to information presented in court, on May 5, 2022, after 3:00 A.M., Memphis Police officers were flagged down by a truck driver and his wife who reported that their parked semi-trailer had been burglarized. The victims told officers that they felt movement in the back of the trailer, and while they were investigating, a shot was fired. The victims reported that at least six DuroMax Dual Fuel generators had been stolen out of the trailer. Investigators tracked the generators to the residence of Andre Treadwell, 32, where they discovered five of the stolen DuroMax generators, a pair of bolt cutters, a Palmetto State Armory AR-15 rifle, various live rounds of ammunition, and several bottles of Jimador Tequila that were reported stolen from an earlier shipment.
On January 30, 2024, Treadwell pled guilty to possession of the stolen generators as well as possession of a firearm as a convicted felon. On May 3, 2024, United States District Thomas L. Parker sentenced Treadwell to 46 months in federal prison, followed by three years of supervised release. There is no parole in the federal system.
The case was investigated by the Memphis Cargo Theft Task Force, a multi-agency task force formed in 2008 by the Federal Bureau of Investigation to focus on cargo and major theft in Shelby County. The Memphis Police Department provided additional assistance in this case.
United States Attorney Ritz thanked Assistant United States Attorney Eileen Kuo, who prosecuted this case, as well as law enforcement partners who investigated the case.
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For more information, please contact Tjuana Holmes at (901) 544-4231 or [email protected]. Follow the U.S. Attorney’s Office on Facebook or on Twitter at @WDTNNews for office news and updates.
Mason City, Iowa Man Sentenced to 18.5 Years Federal Imprisonment for Conspiracy to Distribute MethamphetamineRead the Press Release
A man from Mason City, originally from Alabama, was sentenced May 6, 2024, to more than 18 years in federal prison. Tristan Walker, age 44, received the prison term after a January 2, 2024, guilty plea to conspiracy to distribute methamphetamine.
Evidence in the case revealed between October 2022, and December 2022, Walker knowingly and intentionally conspired and to distribute 195 grams of pure “ice” methamphetamine. Walker has an extensive criminal history, including convictions for attempted first degree murder (two counts), domestic battery, domestic abuse assault causing bodily injury, assault causing bodily injury, accessory after the fact, burglary, and going armed with intent.
Walker was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 222 months’ imprisonment. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Walker is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Cerro Gordo County Sheriff’s office and Iowa Department of Public Safety – Division of Narcotics and was prosecuted by Assistant United States Attorney Ron Timmons.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 23-3019.
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Mason City Man Pleads Guilty to Possession of a Firearm by a Prohibited Person and Possession with Intent to Distribute a Controlled SubstanceRead the Press Release
A man who possessed a firearm as a prohibited person and possessed methamphetamine with the intent to distribute pled guilty May 3, 2024, in federal court in Sioux City.
Tirrell Harlan Hopkins, Jr., age 23, from Mason City, Iowa, was convicted of one count of possession of a firearm by a prohibited person and one count of possession with intent to distribute a controlled substance.
At the plea taking hearing, Hopkins admitted that on or about November 18, 2023, in Mason City, Cerro Gordo County, Iowa, he knowingly possessed a firearm, a Springfield Armory, Model: Saint, Caliber: 5.56 NATO, Type: Pistol. At the time, Hopkins possessed the gun, he knew he was a user of illegal drugs, had been convicted of a felony, and convicted of a crime of domestic violence, all of which prohibited him from legally possessing a gun.
Hopkins also admitted that on or about November 18, 2023, in the Northern District of Iowa, he was in possession of methamphetamine, and intended to distribute some or all of the methamphetamine to another person.
Sentencing before United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Hopkins remains in custody of the United States Marshal after the guilty plea and will remain in custody pending sentencing. Hopkins faces a potential of a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of life imprisonment, a $2,000,000 fine, and 6 years of supervised release following any imprisonment.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case is being prosecuted by Assistant United States Attorney Kevin C. Fletcher and was investigated by the Mason City Police Department, Cerro Gordo County Sheriff’s Office, Iowa State Patrol, Cerro Gordo County Attorney’s Office, Bureau of Alcohol, Tobacco, Firearms & Explosives, the Iowa Division of Criminal Investigations Laboratory, and the United States Marshal’s Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 24-CR-03008.
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Man Convicted in Cold Case Murder on Military Base in GermanyRead the Press Release
A federal jury in Pensacola, Florida, convicted a former U.S. Army soldier yesterday for the murder of a pregnant, 19-year-old fellow soldier on a U.S. Army base in Germany more than 22 years ago.
According to court documents and evidence presented at trial, on Nov. 3, 2001, Shannon L. Wilkerson, 43, beat and strangled Amanda Gonzales to death in her barracks room at Fliegerhorst Kaserne, then a U.S. Army base in Hanau, Germany. Wilkerson was a member of the U.S. Armed Forces at the time of the offense but was later discharged.
“The defendant violently beat and murdered Amanda Gonzales—a fellow soldier who was pregnant at the time—at a U.S. Army base in Germany in 2001,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “His conviction yesterday, more than two decades later, is a testament to the Justice Department’s unrelenting pursuit of justice. Many dedicated law enforcement officers and prosecutors persisted for years, pursuing every available lead and never wavering in their search for evidence to hold the victim’s killer to account for his heinous crime.”
“The murder of Amanda Gonzales and her unborn child was a horrific act of violence,” said U.S. Attorney Jason R. Coody for the Northern District of Florida. “This decades-long investigation and resulting prosecution demonstrate the unwavering resolve of our law enforcement partners and their commitment to use every tool available to protect Americans, especially those serving our country.”
“Twenty-two years ago, Shannon Wilkerson brutally murdered Amanda Gonzales, who he believed was pregnant with his child,” said Executive Assistant Director Timothy R. Langan Jr. of the FBI’s Criminal, Cyber, Response, and Services Branch. “Yesterday’s conviction is a testament to our unwavering commitment of pursuing justice for victims of violent crime. Through the collaboration of law enforcement, the FBI and our partners will continue to seek justice for victims, no matter how long it takes.”
The jury convicted Wilkerson of second-degree murder. He is scheduled to be sentenced on Aug. 8 and faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI New York Field Office investigated this case, with assistance from the Department of Army’s Criminal Investigative Division, which originally investigated the case.
Trial Attorney Patrick Jasperse of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney David L. Goldberg for the Northern District of Florida are prosecuting the case.
Madera Felon Sentenced to 34 Months for Unlawfully Possessing a FirearmRead the Press Release
FRESNO, Calif. — Evan Moore, 40, of Chowchilla, was sentenced yesterday to 34 months in prison for being a felon in possession of a firearm, United States Attorney Phillip A. Talbert announced.
According to court documents, on Dec. 18, 2022, Madera Police officers stopped Moore after observing several traffic violations. Moore was found to be in possession of 1.24 pounds of marijuana, a digital scale, and zip-loc baggies. Hidden underneath the steering column, officers located a Glock 19 handgun. Because of his criminal record, including two prior convictions for illegally possessing firearms, Moore may not lawfully possess firearms or ammunition.
This case is the product of an investigation by the Federal Bureau of Investigation and the Madera Police Department. Assistant United States Attorney Antonio J. Pataca prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the 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.
Lodge Grass man sentenced to 15 years in prison for role in large-scale meth trafficking ring on Crow Indian Reservation; assault of womanRead the Press Release
BILLINGS — A Lodge Grass man who admitted running a large-scale, multi-state methamphetamine trafficking organization from his home on the Crow Indian Reservation and beating a woman with a weapon was sentenced today to 15 years in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said.
The defendant, Wendell Monroe Lefthand, 55, pleaded guilty in December 2023 to possession with intent to distribute methamphetamine. Lefthand also pleaded guilty in a separate case to assault of a spouse resulting in substantial bodily injury and assault with a dangerous weapon.
U.S. District Judge Susan P. Watters presided. The court sentenced Lefthand to 15 years in prison and five years of supervised release for the drug conviction and to four years in prison and three years of supervised release for the assault convictions, with the sentences to run concurrent to each other.
In the drug trafficking case, the government alleged that beginning in June 2022, federal law enforcement, in a collaborative effort with local and tribal law enforcement, conducted a large-scale investigation centered on multiple properties on the Crow Indian Reservation. The properties, including one referred to as Spear Siding, were a source of supply of meth for both the Crow and Northern Cheyenne Indian reservations and elsewhere. Lefthand was one of the major players affiliated with the investigation, and Spear Siding was his family residence.
The government further alleged that of 26 defendants related to the investigation, Lefthand is at the top portion of the conspiracy, along with his sister and co-defendant, Frederica Lefthand. Until his arrest in June 2022 on another matter, Lefthand was the person running the operation with an individual, identified as co-defendant 1, and supplied a significant portion of the meth sold on the Crow and Northern Cheyenne Indian reservations and in neighboring cities and towns. Although incarcerated for most of the investigation, Lefthand had been operating the drug trafficking ring from Spear Siding long before his arrest and played a significant role even after his arrest. Lefthand had a previous Washington source, who introduced him to co-defendant 1. When co-defendant 1 moved onto the Spear Siding property, business started booming. In addition, the government alleged that Lefthand was selling one pound of meth per week and possessed firearms. Investigators learned there were usually 30 to 50 firearms on the Spear Siding property and that Lefthand acquired them by trading drugs for guns. Frederica Lefthand was sentenced to 24 years in federal prison for her conviction in the case.
In the assault case, the government alleged that on April 4, 2021, Lefthand struck the victim, identified as Jane Doe, with an iron bar after a night of consuming alcohol on property outside of Lodge Grass, on the Crow Reservation. Jane Doe’s adult daughter and two minor children witnessed the assault, and all four ran from the property and hid in a ditch before flagging down a ride. Jane Doe was treated for injuries a few days later.
The U.S. Attorney’s Office prosecuted the drug trafficking case. The Bureau of Indian Affairs, Drug Enforcement Administration and FBI conducted the investigation.
Assistant U.S. Attorneys Lori Harper Suek and Kelsey Hendricks prosecuted the assault case. The Bureau of Indian Affairs and FBI conducted the investigation.
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Lee’s Summit, Belton Men Indicted for Robbing Commerce BankRead the Press Release
KANSAS CITY, Mo. – A Lee’s Summit, Mo., man and a Belton, Mo., man were indicted by a federal grand jury today for robbing Commerce Bank.
Gerrad Deshaun Rivera-Willis, 24, of Lee’s Summit, and Rathell Qauvon Ross, 27, of Belton, were charged in an indictment returned by a federal grand jury in Kansas City, Mo. Today’s indictment replaces a criminal complaint that was filed against both men on April 23, 2024. They remain detained in federal custody without bond.
The federal indictment alleges that Rivera-Willis and Ross stole $2,033 from Commerce Bank, 8901 State Line Road in Kansas City, Mo., on April 22, 2024.
According to an affidavit filed in support of the original criminal complaint, Rivera-Willis dropped off a robbery note with a teller and grabbed the cash that was sitting on the counter during a transaction with a customer. Rivera-Willis then took cash out of a teller’s drawer, walked behind the counter, and had the teller show him that the opened safe was empty. Ross placed a note on the counter and was then handed cash by the teller.
Rivera-Willis and Ross allegedly fled from the bank in a stolen white Dodge Charger with all blacked-out tinted windows, all black wheels, a rear spoiler, blacked-out taillights, and the word "Dodge" across the top of rear window. The vehicle was wrecked in the vicinity of Gregory and Paseo, the affidavit says, and investigators saw Rivera-Willis and Ross running from the vehicle.
Ross, the passenger, was found by a police dog hiding behind the garage of a residence in the 1800 block of East 70th Street. Ross was hiding under a pile of rubbish covered by a tarp.
Rivera-Willis, the driver, was later found sitting on the front stoop of a residence in the 7000 block of Paseo Avenue and arrested. A police dog and his handler walked the scent path taken by Rivera-Willis and found the stolen money in a cinder block near another residence.
The charge contained in this indictment is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Sean T. Foley. It was investigated by the FBI and the Kansas City, Mo., Police Department.
Lake Elsinore Man Who Distributed Fentanyl to Victim Who Took the Drug and Died Sentenced to 20 Years in Federal PrisonRead the Press Release
LOS ANGELES – A Riverside County man, who admitted to selling fentanyl to a 33-year-old man who ingested the powerful synthetic opioid and suffered a fatal overdose, was sentenced today to 240 months in federal prison.
Sergio Maya, 33, of Lake Elsinore, was sentenced by United States District Judge Mark C. Scarsi, who also ordered him to pay $19,848 in restitution.
Maya pleaded guilty on February 12 to one count of possession with intent to distribute fentanyl. The 20-year prison sentence is the maximum possible penalty under federal law.
On the early morning of May 26, 2022, Maya met the victim – identified in court documents as “C.A.” – near the victim’s Lake Elsinore apartment and knowingly distributed fentanyl to the victim. Later that day, the victim used the fentanyl Maya had distributed to him and then suffered a fatal overdose.
“The recklessness of this defendant resulted in the victim’s untimely death and his loved ones in mourning,” said United States Attorney Martin Estrada. “Today’s 20-year prison sentence sends a message to drug dealers who kill their customers that my Office will seek and obtain the stiffest penalties under the law.”
“We are deeply appreciative of our ongoing partnership with the U.S. Attorney's Office in combating perpetrators who distribute deadly fentanyl within our community,” said Riverside County District Attorney Michael A. Hestrin. “Our collaboration with the U.S. Attorney's Office on cases incorporating federal statutes often allows for more significant prison sentences for these dangerous criminals. I extend my sincere gratitude to our dedicated staff for their diligent investigation of the Maya case, and to the U.S. Attorney's Office for their successful prosecution efforts. I hope this verdict brings some measure of closure and justice to the victim’s family members.”
“The sentencing of this defendant reinforces the steadfast commitment of the DEA and our law enforcement partners to holding individuals accountable for the distribution of illegal drugs poisoning our nation,” said Matthew Allen, DEA Special Agent in Charge Los Angeles Field Division. “I am proud of the hard work and driven determination of our Riverside District Office investigators and the entire prosecution team, all of whom work tirelessly every day to keep our communities safe from the fentanyl epidemic.”
“We are grateful for the partnership with the Department of Justice and the dedication of our assistant U.S. attorneys who ensure justice for the victims and their families who have been harmed by the distribution of fentanyl,” said Riverside County Sheriff Chad Bianco.
The Drug Enforcement Administration and the Riverside County Sheriff’s Office investigated this matter.
Special Assistant United States Attorney Stephen T. Merrill of the Riverside Branch Office prosecuted this case.
Kings County Man Charged in Operation Red Reaper Sentenced to 14 Years in Prison for Methamphetamine TraffickingRead the Press Release
FRESNO, Calif. — Louie Molina, 52, of Hanford, was sentenced yesterday to 14 years in prison for possession with intent to distribute over 500 grams of methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in March 2019, various agencies partnered in Operation Red Reaper, an investigation into the Nuestra Familia prison gang and the Norteño street gang in Kings County. During the investigation, recorded interceptions on a wiretap revealed that Molina was supplying methamphetamine to a codefendant, who was a target of the investigation. On May 3, 2019, Molina delivered about a half a pound of methamphetamine to his codefendant. Law enforcement officers then attempted a to conduct a traffic stop on his car, but Molina sped off and led them on a high-speed chase. During the pursuit, Molina tossed the additional pound of methamphetamine out of his car. After apprehending Molina, the officers recovered the methamphetamine.
This case was the product of an investigation by the Kings County Gang Task Force, Agents of the Special Operations Unit which is a team of agents from the California Department of Justice and the California Highway Patrol, the California Department of Corrections and Rehabilitation, the FBI, the Kings County District Attorney's Office, and the Tulare County Sheriff's Office. The DEA, ATF, U.S. Marshals Service, and Homeland Security Investigations all assisted with the takedown. Assistant United States Attorney Justin J. Gilio prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the 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.
The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. For more information about Organized Crime Drug Enforcement Task Forces, please visit Justice.gov/OCDETF.
Justice Department and Department of Health and Human Services Highlight Progress by State of Alabama to Implement Environmental Justice Reforms in Lowndes CountyRead the Press Release
The Justice Department and Department of Health and Human Services (HHS) announced today progress by the Alabama Department of Public Health (ADPH) in providing access to basic sanitation services, abating exposure to raw sewage from inadequate onsite wastewater systems and improving health outcomes for the predominantly Black communities of Lowndes County, Alabama.
Today’s announcement comes one year after the Justice Department and HHS secured an interim resolution agreement with ADPH following its investigation into whether ADPH violated Title VI of the Civil Rights Act of 1964 (Title VI) and Section 1557 of the Affordable Care Act (Section 1557). Title VI prohibits recipients of federal funds from discriminating on the basis of race, color or national origin in their federally funded programs and activities. Section 1557 provides that an individual shall not be excluded from participation in, denied the benefits of or subjected to discrimination under any health program or activity, any part of which is receiving federal financial assistance, based on the grounds prohibited under Title VI.
“Advancing environmental justice is a top priority for the Justice Department,” said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. “Through this agreement, the Justice Department and HHS are working rigorously to ensure that residents of Lowndes County can access basic sanitation needs. We will continue working with the community and the state’s Department of Public Health to implement all of the reforms in our agreement. The Lowndes County community deserves nothing less.”
“For decades, Lowndes County residents have endured living without basic sanitation and wastewater disposal services. The disproportionate impact of this on Black, low-income, rural residents — who, for generations, have suffered through illness, infectious diseases and public health risks simply for living in their own neighborhoods — is unacceptable,” said Director Melanie Fontes Rainer of the HHS Office for Civil Rights. “The work by HHS and the Justice Department here is significant in working with the State of Alabama. Today’s update shows the progress made by the state to address these issues. Environmental justice is critical for people across the country and we will continue to fight to ensure that this community and others are is safe from environmental hazards.”
ADPH has taken the following actions to advance sustainable and equitable solutions for onsite wastewater management for Lowndes County residents:
- Selected the first set of residences whose wastewater systems will be installed or repaired for free via a local, not-for-profit entity that will manage ADPH’s Lowndes County Septic System Improvement Program;
- Suspended criminal enforcement of state sanitation laws in Lowndes County against residents without the means to purchase functioning, ADPH-permitted septic systems;
- Conducted a public health information campaign, including the development and dissemination of flyers concerning the health risks associated with exposure to raw sewage, how to mitigate exposure to raw sewage and proper septic system maintenance;
- Launched its Environmental Health Assessment (Assessment) to identify and prioritize residences for septic system installations or repairs based on data analysis of which homes face the most serious environmental and health risks from exposure to raw sewage;
- Created and filled a Lowndes County Community Liaison position and an outreach/grant manager position for Lowndes County and Black Belt communities to oversee implementation of ADPH’s Public Health and Infrastructure Improvement Plan (PHIIP); and
- Submitted the PHIIP, which sets forth plans to avert future public health risks and implement sanitation solutions for the community.
ADPH encourages Lowndes County residents who are required to use onsite septic systems for wastewater management to complete the Assessment. Residents can access the Assessment at epiweb.adph.state.al.us/redcap/surveys/?s=xamaxkhdrxxxldle. More information on ADPH’s septic system installation program is available at www.alabamapublichealth.gov/onsite/sewage.html or by contacting ADPH at (334) 206-5371 or at www.alabamapublichealth.gov/environmental/septic-system-program.html. ADPH will not use the information collected by the Assessment for any other purposes, including issuing citations for alleged violation of sanitation laws.
The Civil Rights Division’s Federal Coordination and Compliance Section and the HHS Office for Civil Rights conducted this investigation jointly with the support of the U.S. Attorney’s Office for the Middle District of Alabama.
Individuals who believe their civil rights have been violated can file a complaint with the Civil Rights Division at www.civilrights.justice.gov/report/. Additional information about the HHS Office for Civil Rights is available on its website at www.hhs.gov/ocr. If you believe that you or someone else has been discriminated against in programs or activities that HHS directly operates or to which HHS provides federal financial assistance, you may file a complaint at ocrportal.hhs.gov/.
Justice Department Strengthens Efforts, Builds Partnerships to Address the Crisis of Missing or Murdered Indigenous PersonsRead the Press Release
SIOUX FALLS – The U.S. Attorney's Office for the District of South Dakota joined its partners across the federal government, as well as people throughout American Indian and Alaska Native communities, in recognizing May 5 as National Missing or Murdered Indigenous Persons (MMIP) Awareness Day. The District of South Dakota U.S. Attorney Alison J. Ramsdell and other District staff will also be hosting and attending events throughout the month of May.
In recognition of MMIP Awareness Day, Attorney General Merrick B. Garland highlighted ongoing efforts to tackle the MMIP and human trafficking crises in American Indian and Alaska Native communities, and other pressing public safety challenges, like the fentanyl crisis, in Tribal communities.
“There is still so much more to do in the face of persistently high levels of violence that Tribal communities have endured for generations, and that women and girls, particularly, have endured,” said Attorney General Merrick B. Garland. “In carrying out our work, we seek to honor those who are still missing, those who were stolen from their communities, and their loved ones who are left with unimaginable pain. Tribal communities deserve safety, and they deserve justice. This day challenges all of us at the Justice Department to double down on our efforts, and to be true partners with Tribal communities as we seek to end this crisis.”
To raise awareness of MMIP issues, U.S. Attorneys and MMIP personnel have been engaging in events with Tribal and law enforcement partners, communities, and stakeholders across the United States, and will continue to do so in the month ahead. On April 17-18, 2024, U.S. Attorney Alison Ramsdell, First Assistant U.S. Attorney Gregg Peterman, MMIP Regional AUSA Troy Morley, and National Native American Outreach Services Liaison Marlys Big Eagle participated in an MMIP Conference hosted by the Oglala and Rosebud Sioux Tribes; on April 30, 2024, Ramsdell, Morley, and Big Eagle joined a panel discussion at the Yankton Community Library; on May 5, 2024, Morley participated in an MMIP Awareness Walk in Porcupine, SD; on May 6, 2024, Morley, Big Eagle, and AUSA Heather Knox presented at South Dakota’s MMIP Awareness and Training Program; and on May 14, 2024, the U.S. Attorney’s Office for the District of South Dakota, in conjunction with the Department of Justice’s MMIP Regional Outreach Program, will host an MMIP Summit, where leaders from South Dakota’s nine federally recognized tribes will learn about law enforcement resources and Tribal Community Response Plans.
Justice Department Prioritization of MMIP Cases
Last July, the Justice Department announced the creation of the Missing or Murdered Indigenous Persons (MMIP) Regional Outreach Program, which permanently places five MMIP Assistant U.S. Attorneys and five MMIP coordinators throughout the country to provide specialized support to U.S. Attorneys’ offices as those offices address and combat MMIP issues. This support includes assisting in the investigation of unresolved MMIP cases and related crimes, as well as promoting communication, coordination, and collaboration among federal, Tribal, local, and state law enforcement, and non-governmental partners on MMIP issues. The MMIP Regional Outreach Program has divided its resources into five regions—the Northwest, Southwest, Great Plains, Great Lakes, and Southeast Regions. The District of South Dakota falls within the Great Plains Region and serves as a host district for one of the five MMIP Regional AUSAs. As previously indicated, Troy Morley has been selected to serve the Great Plains Region as the MMIP Regional AUSA.
In November of 2023, Troy Morley, MMIP Assistant U.S. Attorney (AUSA) for the District of South Dakota, bought to closure a cold case that was 31 years old. In 1992, in Roberts County, Jay Adams Jr. of Sisseton, South Dakota, killed a minor victim, in the heat of passion, by inflicting fatal blunt force trauma to her head. Adams signed documents admitting he used violent force to inflict the injury upon the victim in the early morning hours of September 4, 1992. Adams did not seek medical attention for the victim and later the same day discovered she had died. Adams feigned ignorance as to the cause of the victim’s injury. Earlier in 2023, new evidence came to light which implicated Adams in the death of the victim. Sentencing is scheduled for June 3, 2024.
“Cold cases are not closed cases in the U.S. Attorney’s Office,” said Alison J. Ramsdell, U.S. Attorney for the District of South Dakota. “As this tragic case demonstrates, no matter how long it takes, we remain committed to working alongside our law enforcement partners to bring the perpetrators of these heinous crimes to justice. It is our hope that the cases prosecuted by the U.S. Attorney’s office offers some measure of closure to victims’ families and helps honor the sacred memory of missing and murdered Indigenous persons.”
The MMIP regional program prioritizes MMIP cases consistent with the Deputy Attorney General’s July 2022 directive to U.S. Attorneys’ Offices promoting public safety in Indian country. The program fulfills the Justice Department’s promise to dedicate new personnel to MMIP consistent with Executive Order 14053, Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People, and the Department’s Federal Law Enforcement Strategy to Prevent and respond to Violence Against American Indians and Alaska Natives, Including to Address Missing or Murdered Indigenous Persons issued in July 2022.
Not Invisible Act Commission Response
The Department’s work to respond to the MMIP crisis is a whole-of-Department effort. In March, the Departments of Justice and the Interior released their joint response to the Not Invisible Act Commission (NIAC)’s recommendations on how to combat the missing or murdered Indigenous peoples (MMIP) and human trafficking crises. The NIAC response, announced by Attorney General Garland during a visit to the Crow Nation, recognizes that more must be done across the federal government to resolve this longstanding crisis and support healing from the generational traumas that Indigenous peoples have endured throughout the history of the United States.
The Department is in the process of implementing its response now, addressing several areas in the near term, including:
- Improving coordination, funding, and operations of efforts to combat MMIP and human trafficking;
- Enhancing research to better trace the underlying causes of MMIP and human trafficking, to reduce barriers to accessing resources, and to identify data sharing opportunities with healthcare systems;
- Improving access to funding aligned with Tribes’ needs;
- Developing guidance on the effective use of the media and social media to engage the public when someone is reported missing;
- Improving communications with families of victims or missing people; and
- Working with a multi-jurisdictional working group to address factors that lead people, particularly young people, to voluntarily go missing.
Addressing Violent Crime and the Fentanyl Crisis in Indian Country
As noted in the joint response to the NIAC, research suggests that certain public safety challenges faced by many American Indian and Alaska Native communities — including disproportionate violence against women, families, and children; substance use; drug trafficking; and labor and sex trafficking — can influence the rates of missing American Indian and Alaska Native people.
Further, fentanyl poisoning and overdose deaths are the leading cause of opioid deaths throughout the United States, including Indian county, where drug-related overdose death rates for Native Americans exceeds the national rate.
Therefore, federal law enforcement components are ramping up efforts to forge stronger partnerships with federal and Tribal law enforcement partners to address violent crime and the fentanyl crisis, which exposes already vulnerable communities to greater harm. For instance:
- Last year, the Justice Department increased funding to the FBI Safe Trails Task Forces to build on the success they have had in bringing together agencies, including Tribal police departments, to combat public safety threats, violent crime, and drug trafficking. The FBI has increased its investigative resources in some of the Indian Country field offices that were in most need of personnel.
- Last year, the FBI undertook Operation Not Forgotten, which surged more than 40 personnel, including agents, intelligence analysts, tactical specialists, and victim specialists, to 10 field offices, where they were able to supplement more than 200 pending investigations related to violence against indigenous women and children, with a focus on homicide, serious bodily injury, and physical and sexual child abuse. To date, there have been seven successful indictments. Special Agents identified four previously unidentified child victims and recovered one child victim. Numerous other cases were referred for federal or Tribal prosecutions based on these efforts.
- This year, the DEA has established liaisons with each of the FBI-led Safe Trails Task Forces. In addition, DEA is expanding Operation Overdrive to include partnering with Tribal law enforcement and community outreach specialists to reduce the harm caused by drugs and drug-related violence. Operation Overdrive utilizes a data-driven approach to identify hot spots of drug-related violence and drug-poisoning deaths across the country, in order to concentrate resources where criminal drug networks are causing the most harm. DEA’s Operation Engage has facilitated programs for Tribal youth, focusing on increasing drug prevention and awareness.
- The U.S. Marshals Service has developed a legislative proposal to formalize its role in enforcing Tribal violent felony arrest warrants that would expand a pilot launched last year where the Marshals served Tribal warrants at the request of, and in close coordination with, Tribal law enforcement and the Department’s Office of Tribal Justice. This effort has successfully targeted extremely dangerous offenders.
- The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recently assigned a Special Agent/Certified Fire Investigator to the MMIP Initiative to conduct case reviews for each of the five regions. ATF’s National Integrated Ballistic Identification Network (NIBIN) and Crime Gun Intelligence Centers (CGIC) are used as an investigative resource for MMIP cases involving the criminal use of a firearm.
- In addition to coordinating our enforcement efforts, the Justice Department is also focused on supporting education and awareness efforts, as well as prevention, treatment, and recovery. The Bureau of Justice Assistance has provided training sessions for Tribal law enforcement, judges, and public safety personnel on our shared work to address fentanyl poisoning, including on the use of Narcan for fentanyl overdoses.
“The FBI remains unwavering in our pledge to work with our law enforcement partners to address the violence that has disproportionately harmed Tribal communities and families,” said FBI Director Christopher Wray. “We will continue to prioritize our support of victims and will steadfastly pursue investigations into the crime impacting American Indian and Alaska Native communities.”
“DEA’s top priority is protecting all communities from deadly drugs, like fentanyl, and drug related violent crime,” said Administrator Anne Milgram of the Drug Enforcement Administration (DEA). “We know that no community has been spared from these deadly threats and we are committed to keeping Tribal communities safe.”
Accessing Justice Department Resources
Over the past year, the Department awarded $268 million in grants to help enhance Tribal justice systems and strengthen law enforcement responses. These awards have also gone toward improving the handling of child abuse cases, combating domestic and sexual violence, supporting Tribal youth programs, and strengthening victim services in Tribal communities.
For additional information about the Justice Department’s efforts to address the MMIP crisis, please visit the MMIP section of the Tribal Safety and Justice website.
Click here for more information about reporting or identifying missing persons.
Jury Finds District Man Guilty in Killing of Ex’s New Romantic PartnerRead the Press Release
WASHINGTON –Marcus Walker, 23, of Washington, D.C., has been found guilty by a jury of second-degree murder while armed and other charges in the shooting of Erik King in the early hours of October 11, 2022, inside an apartment in Northeast Washington, D.C. announced U.S. Attorney Matthew M. Graves and Chief Pamela Smith, of the Metropolitan Police Department (MPD).
Walker was also found guilty of two counts of assault with a dangerous weapon of an adult female and six-year-old child who were in the room with Mr. King during the shooting, as well as second degree cruelty to children, three counts of possession of a firearm during a crime of violence, and possession of a large capacity ammunition feeding device. The verdict was returned on May 7, 2024, following a trial in the Superior Court of the District of Columbia. The Honorable Robert Okun scheduled sentencing for July 19, 2024.
According to the government’s evidence, Walker was living in the living room of his ex-girlfriend’s apartment. Early in the morning of October 11, 2022, the defendant became upset that his ex-girlfriend and her new boyfriend, Erik King, were engaged in sexual relations in the bedroom of the apartment. Walker sent his ex-girlfriend aggressive text messages about the subject for approximately an hour. He then burst in through the locked bedroom door and told the two to stop having sex. When they did not, the defendant shot Mr. King twice—once in the chest and another in the scrotum. Mr. King died on scene. A six-year-old child was also present in the bedroom when the shots were fired.
This case was investigated by the Metropolitan Police Department.
This case is being prosecuted by Assistant United States Attorneys Lauren Galloway and Alec Levy.
Jury Convicts El Dorado Springs Man of Child PornographyRead the Press Release
SPRINGFIELD, Mo. – An El Dorado Springs, Mo., man who was caught with thousands of images and videos of child pornography was convicted at trial today.
John Fitzgerald Mullings, 51, was found guilty of two counts of receiving and distributing child pornography.
Law enforcement received multiple reports from MeWe, Dropbox and Snapchat of Mullings uploading images and videos of child pornography to their servers. Investigators contacted Mullings at his residence on March 2, 2021. Officers seized Mullings’s cell phone, which contained 678 images and 96 videos of child pornography, including rape and/or bondage of minors.
Mullings was indicted on one count of receiving and distributing child pornography from Feb. 2, 2020, to March 2, 2021, based on these images and videos.
On Aug. 3, 2022, law enforcement officers executed a search warrant at Mullings’s residence (which also served as the office for his business, Steward Wrecker) in relation to an unrelated state criminal investigation. Officers seized 14 cell phones, multiple computers, laptop computers and computer tablets, as well as electronic storage devices. Investigators conducted a forensic examination of those devices and determined that 11 of those electronic devices contained child pornography. On just one of Mullings’s tablets investigators found 5,197 images and 211 videos. The files included visual depictions of sexual conduct with animals, binding and/or forced sexual contact with persons, and physical assault and deceased persons. In total, investigators found 14,249 images, and 2,054 videos of child pornography among Mulling’s devices.
Mullings was charged in a superseding indictment with an additional count of receiving and distributing child pornography from March 3, 2021 to Aug. 3, 2022, based on these images and videos.
Following the presentation of evidence, the jury in the U.S. District Court in Springfield, Mo., deliberated for 27 minutes before returning guilty verdicts to U.S. District Judge M. Douglas Harpool, ending a trial that began Monday, May 6.
Under federal statutes, Mullings is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 40 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Stephanie L. Wan and James J. Kelleher. It was investigated by the Barry County, Mo., Sheriff’s Department, the Cassville, Mo., Police Department, the El Dorado Springs, Mo., Police Department, Homeland Security Investigations, the Springfield, Mo., Police Department, and the Southwest Missouri Cyber Crimes Task Force.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indiana Man Sentenced to 30 Years in Federal Prison for Producing Child PornographyRead the Press Release
SAN ANTONIO – An Indiana man was sentenced in a federal court in San Antonio to 360 months in prison and was ordered to pay restitution of $100,000 along with $10,000 under the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018 for one count of sexual exploitation of children.
According to court documents, Gerald Talman Brann, 43, of Valparaiso, shared images depicting a 10-year-old child in an online instant messaging service between Dec. 25, 2022 and Jan. 4, 2023. The images depicted the minor in various stages of undress and were sexual in nature. The images also depicted the child at various ages, beginning around the age of five or six.
Law enforcement agents seized numerous devices during an executed search warrant at the residence of Brann and his co-defendant Veronica Solis in Valparaiso. Cell phones contained images and videos depicting child sexual abuse material, some of which had been produced while the couple resided in the San Antonio area. Brann was arrested March 23, 2023 in New Jersey and has remained in custody. He pleaded guilty Nov. 28, 2023.
Solis is scheduled to be sentenced July 16. She pleaded guilty to one count of sexual exploitation of children Dec. 5, 2023 and faces 15 to 30 years in prison.
“The sexual abuse and exploitation of children is an absolutely horrific offense,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “My office continues to prioritize the most vulnerable victims in our society, and the court's sentence of the statutory maximum penalty is appropriate for offenders like Gerald Brann, who go to great lengths to wreak havoc on the lives of innocent children. I also thank our partners at the FBI San Antonio and FBI Indianapolis field offices for their collaboration to investigate this case with Indiana State Police.”
“This case is an excellent example of how the FBI works across field offices to bring predators to justice,” said Special Agent in Charge Aaron Tapp of the FBI's San Antonio Field Office. “We want to thank our colleagues at FBI Indianapolis and the Indiana State Police for helping to ensure that Gerald Brann is behind bars and unable to hurt another child.”
The FBI investigated the case with valuable assistance from the Indiana State Police.
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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Illinois Businessman Sentenced to Nine Years in Prison for Fraud and Tax EvasionRead the Press Release
CHICAGO — An Illinois businessman has been sentenced to nine years in federal prison for evading nearly half a million dollars in taxes and engaging in a variety of fraud schemes.
JOSEPH J. CIPOLLA JR. knowingly and willfully failed to file individual income tax returns from 2015 to 2020, causing losses of $415,043 to the IRS and $75,045 to the State of Illinois. Cipolla concealed his receipt of income by engaging in affirmative acts of tax evasion, including listing a relative’s Social Security number on casino tax forms, using family members as nominee owners of vehicles, and using a nominee to rent airplane hangars at the DuPage County, Ill. Airport. Among his other offenses, Cipolla in 2020 fraudulently procured four loans under the Paycheck Protection Program and Economic Injury Disaster Loan Program, two sources of relief under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act that were intended to support small businesses during the Covid-19 pandemic. Cipolla obtained more than $1.18 million in PPP and EIDL loans by manufacturing false tax documents and submitting them to lenders.
Cipolla, 39, of Bloomingdale, Ill., pleaded guilty last year to federal charges of tax evasion, wire fraud, and mail fraud. In addition to the prison term, U.S. District Judge Matthew F. Kennelly on Friday ordered Cipolla to pay $2,096,285 in restitution to the IRS, State of Illinois, U.S. Small Business Administration, and other entities and individuals victimized by his schemes.
The sentence was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, Justin Campbell, Special Agent-in-Charge of the IRS Criminal Investigation Chicago Field Office, Hannibal Ware, Inspector General of the U.S. Small Business Administration, and Andrea M. Kropf, Special Agent-in-Charge of the U.S. Department of Transportation’s Office of Inspector General in Chicago. The government was represented by Assistant U.S. Attorneys Timothy J. Chapman and Michelle M. Petersen.
Illegal Possession of Methamphetamine by Lafayette Man Leads to 13+ Year Federal Prison SentenceRead the Press Release
LAFAYETTE, La. – Forrest Kevin Dwayne Matthews, 39, of Lafayette, Louisiana, has been sentenced on drug trafficking charges, announced United States Attorney Brandon B. Brown. Matthews was sentenced by United States District Judge S. Maurice Hicks, Jr. to 160 months (13 years, 4 months) in prison, followed by 4 years of supervised release. He pleaded guilty to a Bill of Information charging him with one count of possession with intent to distribute methamphetamine.
On June 2, 2022, detectives with the Lafayette Parish Sheriff’s Office Intelligence Unit assisted the New Orleans Police Department in locating Matthews in connection with an armed robbery investigation. The Lafayette Parish Sheriff’s Office detectives located Matthews at his residence in Lafayette and took him into custody. A search warrant was obtained for the residence and officers found and seized approximately 1,756 grams of methamphetamine, a Harrington & Richardson .22 caliber revolver, 4 grams of heroin, 4 grams of crack cocaine, a digital scale and measuring cups located in a black duffle bag and a backpack. In addition, officers discovered 6 grams of marijuana in the kitchen drawer and a Taurus 9mm handgun in the master bedroom closet. Matthews admitted to law enforcement officers that the items found and seized belonged to him.
The suspected methamphetamine was sent to the Acadiana Criminalistics Laboratory for testing and was verified to be methamphetamine with a combined net weight of 1,696 grams. Matthews pleaded guilty to the charge on December 7, 2023.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lafayette Parish Sheriff’s Office and prosecuted by Assistant United States Attorney LaDonte A. Murphy.
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Human Trafficker Working with Mexican “Coyotes” Pleads Guilty to Conspiring to Transport Illegal AliensRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today the guilty plea of MARIO ELPIDIO CHAVEZ MILLAN, a human trafficker working with Mexican “coyotes,” for conspiring to transport illegal aliens throughout the United States. As part of his plea, CHAVEZ also admitted to his participation in a kidnapping conspiracy. CHAVEZ pled guilty before U.S. District Judge Vincent L. Briccetti and is scheduled to be sentenced on August 7, 2024.
U.S. Attorney Damian Williams said: “Mario Elpidio Chavez Millan and others like him are an integral cog in the human trafficking machine that preys on people who attempt to enter the United States through its southern border each year. The services that Chavez offers are what make it possible for coyotes, the cartels, and others to smuggle people throughout the country, often times for large fees. And in this case — as in many cases involving human traffickers — Chavez and those working with him sought to extort their victims for even more money. This Office will use every tool available to law enforcement to investigate and prosecute those involved in human trafficking.”
According to the Complaint previously filed against CHAVEZ, the Indictment, and other filings:
On about July 10, 2023, the New York State Police in the Town of Cortlandt, New York, received a report from an individual (“Individual-1”) that Individual-1’s relative (“Victim-1”) had entered the country illegally with the assistance of “coyotes” and was being transported by a man in the United States working with the coyotes, who was later identified as CHAVEZ. Individual-1 further informed the State Police that CHAVEZ had told Victim-1 that he was not going to release Victim-1 unless Victim-1 or his/her family paid $1,000 in addition to the money that Victim-1 had already paid to the coyotes.
That evening, State Police executed a traffic stop of CHAVEZ’s vehicle in the Town of Cortlandt. At that time, there were approximately five people in the vehicle in addition to CHAVEZ. After those passengers and Victim-1 were brought to the State Police barracks, each reported that they had illegally entered the United States and that they were being driven by CHAVEZ from in or about New Mexico to other states throughout the country. Several of CHAVEZ’s passengers stated that CHAVEZ threatened them during the drive, telling them that they could not leave without paying him an additional $1,000 and that CHAVEZ told them he had previously killed someone for running away without paying.
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CHAVEZ, 19, of Albuquerque, New Mexico, pled guilty to one count of conspiring to transport aliens throughout the United States, which carries a maximum sentence of 10 years in prison.
The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation’s Hudson Valley Resident Agency and Safe Streets Task Force and the New York State Police.
The prosecution is being handled by the Office’s White Plains Division. Assistant U.S. Attorney David Markewitz is in charge of the prosecution.
Hartford Man Charged with Fraudulently Collecting Social Security, Unemployment, and Food Stamp BenefitsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that a federal grand jury in Hartford has returned an indictment charging RICARDO SANTIAGO, 58, of Hartford, with three counts of wire fraud related to a scheme to fraudulently obtain Social Security, unemployment, and Food Stamp benefits.
The indictment was returned on May 1, 2024, and Santiago was arrested today. He appeared before U.S. Magistrate Judge Thomas O. Farrish in Hartford, pleaded not guilty to the charges, and was released on a $25,000 bond.
As alleged in the indictment and statements made in court, between 2002 and 2024, Santiago held jobs with numerous employers and earned income totaling more than $500,000. Santiago concealed his income from federal and state government agencies by providing to employers false identification, including a Social Security number and card belonging to another individual, and, in at least one instance, a false Social Security card.
The indictment alleges that, in 2002, Santiago applied for Retirement Survivors Disability Insurance (RSDI) benefits, representing to the Social Security Administration that he was unable to work due to disability. As a result, he began receiving RSDI payments in September 2002. In 2017, Santiago completed paperwork to maintain his benefits in which he asserted that he remained disabled and had not worked for the past two years. Santiago ultimately collected more than $300,000 in RSDI payments to which he was not entitled.
The indictment also alleges that, in February 2017, Santiago submitted to the Connecticut Department of Social Services (CT-DSS) an application for Supplemental Nutrition Assistance Program (SNAP) benefits (“Food Stamps”), representing to the CT-DSS and the U.S. Department of Agriculture that he earned no income from employment. He began receiving SNAP benefits in March 2017, and subsequently completed forms to renew his SNAP benefits on which he again represented that he had no change in his income and that he earned no money from employment. Santiago made more than $17,000 in purchases with SNAP benefits to which he was not entitled.
The indictment further alleges that, in April 2020, Santiago applied to the Connecticut Department of Labor (CT-DOL) for Unemployment Insurance benefits. On the application, Santiago used a Social Security number belonging to another individual, and he represented to the CT-DOL and U.S. Department of Labor that he was unemployed but available for work and physically able to work. He subsequently completed weekly certifications making the same representations. From April 2020 through February 2021, Santiago received more than $35,000 in payments to which he was not entitled.
If convicted, Santiago faces a maximum term of imprisonment of 20 years on each count of wire fraud.
U.S. Attorney Avery stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Social Security Administration Office of the Inspector General, the U.S. Department of Agriculture Office of the Inspector General, the U.S. Department of Labor Office of the Inspector General, and the U.S. Department of Transportation Office of the Inspector General. The case is being prosecuted by Assistant U.S. Attorney Nathan J. Guevremont.
Greene County Felon Sentenced to 84 Months for Possessing Cocaine and Cocaine Base for Distribution, and Possessing Firearms in Furtherance of Drug TraffickingRead the Press Release
ALBANY, NEW YORK – Atniel Pagan, age 24, of Catskill, New York, was sentenced today to 84 months in prison for possessing and intending to distribute cocaine and cocaine base, and for possessing firearms in furtherance of a drug trafficking crime.
The announcement was made by United States Attorney Carla B. Freedman; David L. McNulty, United States Marshal for the Northern District of New York; Bryan Miller, Special Agent in Charge of the New York Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Albany Police Chief Eric Hawkins.
When he pled guilty in this case, Pagan admitted to possessing, at an apartment in Albany, 225 grams of cocaine and 22 grams of cocaine base that he intended to sell. Pagan, a previously convicted felon, further admitted to possessing a loaded, privately manufactured, semi-automatic, AR-style rifle, and a loaded privately manufactured, semi-automatic pistol (a/k/a “ghost guns”), in order to guard against the potential theft of his drugs and drug money. Pagan was arrested at his apartment by the Deputy U.S. Marshals executing a state arrest warrant.
United States District Judge Anne M. Nardacci also ordered that Pagan forfeit the guns and $738 seized from his apartment, pay a $5,000 fine, and serve a 4-year term of supervised release following his release from prison.
This case was investigated by the U.S. Marshals Service and the Albany Police with assistance provided by ATF and the Greene County District Attorney’s Office. Assistant U.S. Attorney Emmet O’Hanlon prosecuted this case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Greenbrier County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – Grover D. Jordan, 57, of Charmco, pleaded guilty today to being a felon in in possession of a firearm.
According to court documents and statements made in court, on January 18, 2023, law enforcement conducted a traffic stop of a vehicle driven by Jordan in Fayetteville. Jordan admitted that he possessed three firearms discovered during the traffic stop: a Taurus model PT1911 .45-caliber pistol, an Armi Galesi model 9 6.35mm pistol, and a Beretta model 3032 Tom Cat .32-caliber pistol with a removed, altered or obliterated serial number.
Jordan also admitted that he possessed a Smith & Wesson .38-caliber revolver discovered during an August 20, 2023 traffic stop by law enforcement of a motorcycle he was operating in Charmco. Jordan further admitted that he possessed a Dupont electric generator, which is explosive material under federal law, discovered during the traffic stop.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Jordan knew he was prohibited from possessing a firearm because of his prior felony convictions for two counts of wanton endangerment in Raleigh County Circuit Court on March 15, 2019.
Jordan is scheduled to be sentenced on August 30, 2024, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Fayetteville Police Department, the Greenbrier County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorneys Brian D. Parsons and Justin Marlowe are prosecuting 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. 5:24-cr-29.
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Gainesville Man Sentenced to Federal Prison for Drug Trafficking OffenseRead the Press Release
GAINESVILLE, FLORIDA – Michael Anthony Sheppard, 45, of Gainesville, Florida, was sentenced to 96 months in federal prison, following his conviction for conspiracy to distribute 500 grams or more of cocaine and possession with intent to distribute 500 grams or more of cocaine, 28 grams or more of crack cocaine, oxycodone, and marijuana. Jason R. Coody, United States Attorney for the Northern District of Florida, announced the sentence.
“Our local, state, and federal law enforcement partners work tirelessly to keep us safe by removing addictive and deadly controlled substances from our communities,” said U.S. Attorney Coody. “We remain committed to support their efforts through the investigation and vigorous prosecution of criminals bringing drugs into North Florida. The imposed sentence illustrates the significant consequences of harming our citizens through illicit drug trafficking activities.”
Plea documents reflect that Sheppard, along with co-conspirators, conspired to receive and distribute powder and crack cocaine throughout the Northern District of Florida and elsewhere. Sheppard was also involved in the purchase and illegal resale of prescription oxycodone pills, as well as pound quantities of marijuana. Investigation led to the seizure of nearly two kilograms of powder cocaine, 150 grams of crack cocaine, approximately fifteen pounds of marijuana, and numerous oxycodone pills, along with $16,000 in U.S. currency and approximately $76,000 in jewelry. Sheppard’s prison sentence will be followed by five years of supervised release.
“DEA prioritizes the safety and health of our citizens by relentlessly pursuing those who distribute these destructive and illegal substances in our Florida communities and holding them accountable for their actions,” said DEA Miami Field Division Special Agent in Charge Deanne Reuter. “This sentence should serve as a warning to those who make the poor choice to distribute illegal drugs in Florida and reaffirms DEA’s commitment to working with our law enforcement partners to keep our communities safe and healthy.”
This conviction was a result of an investigation by the Drug Enforcement Administration, the Gainesville Police Department, Alachua County Sheriff’s Office, and the Internal Revenue Service-Criminal Investigations. Assistant United States Attorney David Byron prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Grenada Man Pleads Guilty to Cocaine ConspiracyRead the Press Release
St. Croix, VI – United States Attorney Delia L. Smith announced today that Rodney de Roche, 39, of Grenada, pleaded guilty before U.S. Magistrate Judge Emile A. Henderson, III to Conspiracy to Possess with Intent to Distribute Cocaine on Board a Vessel Subject to the Jurisdiction of the United States. For his conviction, de Roche faces a maximum of 20 years in prison. His sentencing is scheduled for September 4, 2024. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
According to court documents, on November 15, 2023, the United States Coast Guard intercepted a vessel approximately 116 nautical miles west of Fort de France, Martinique, a known drug trafficking area. On board the vessel, officers observed multiple packages tied to sandbags being thrown overboard. One of the packages recovered from the ocean contained 32 kilograms of cocaine. De Roche was one of six individuals found on the vessel. The master of the vessel claimed Grenadian nationality for the vessel and the Government of Grenada granted a waiver of jurisdiction for the case and waived objection to the enforcement of United States laws.
This case was investigated by the United States Coast Guard and Drug Enforcement Administration and prosecuted by Assistant United States Attorney Daniel H. Huston. This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Fresno Man Sentenced to 56 Months for Burglarizing Two Firearms StoresRead the Press Release
FRESNO, Calif. — Justin Ernest Breitwieser, 56, of Fresno, was sentenced yesterday to 56 months in prison and ordered to pay over $2,700 in restitution for burglary of a federally licensed firearms dealer, United States Attorney Phillip A. Talbert announced.
According to court documents, on Sept. 3, 2022, Breitwieser broke into firearms dealer #1 and stole six firearms, ammunition, and other items. Then, on Oct. 29, 2022, Breitwieser broke into firearms dealer #2 and stole an AR-15 upper assembly, a Glock conversion kit, and a tactical bullet proof vest. A search of Breitwieser’s residence recovered evidence from the burglaries. Additionally, agents located two firearms and approximately 900 rounds of ammunition.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fresno Police Department. Assistant United States Attorney Antonio J. Pataca prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the 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.
Former Mississippi Sheriff Pleads Guilty to Making False Statements in Connection with Federal InvestigationRead the Press Release
Jackson, MS – The former Sheriff of Noxubee County pleaded guilty today to making false statements to agents with the Federal Bureau of Investigation regarding his relationship with an inmate in the Noxubee County jail.
According to court documents and statements made in court, Terry Grassaree, 61, of Macon, made a materially false statement to the FBI in July 2020, when questioned about requesting and receiving nude photos or videos from an inmate in the jail that he oversaw as the Sheriff of Noxubee County.
Grassaree used his position as Sheriff to solicit and accept nude photos and videos from a female inmate in exchange for favorable treatment of the inmate. Grassaree provided her with benefits at the jail that other inmates did not receive, or did not receive as often, including allowing the use of a contraband cell phone, tobacco, and other items. She was also made a trusty and given a job cooking in the jail.
On March 5, 2019, Grassaree used a social media platform to request a video from the inmate. On the same date, Grassaree received multiple nude images from the inmate via the social media platform and responded in a flirtatious and complimentary manner.
During an interview with the FBI, Grassaree lied about receiving the photographs, and these statements were intended to influence the FBI’s investigation of Grassaree and the treatment of detainees in the Noxubee County jail.
Grassaree was indicted by a federal grand jury on October 5, 2022. One of Grassaree’s former deputies, Vance Phillips has also pleaded guilty to using facilities in interstate commerce, namely, the internet and a cellular phone, for the purpose of committing the offense of bribery. Phillips is awaiting sentencing and faces a maximum penalty of five years in prison.
Grassaree is scheduled to be sentenced on August 7, 2024, 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.
U.S. Attorney Todd W. Gee of the Southern District of Mississippi and Special Agent in Charge Robert Eikhoff of the Federal Bureau of Investigation made the announcement.
The Federal Bureau of Investigation is investigating the case.
Assistant U.S. Attorneys Kimberly Purdie and Dave Fulcher are prosecuting the case.
Former Inland Empire Nonprofit CEO Arrested on Indictment Alleging She Embezzled Federal Grant Funds for Wedding and CryptoRead the Press Release
RIVERSIDE, California – The former CEO and executive director of two San Bernardino County nonprofit organizations was arrested today on an indictment alleging she embezzled federal grant money intended for the nonprofits, using more than $225,000 of it for unauthorized expenditures such as wedding and travel expenses and cryptocurrency.
Donise Warren, 51, a.k.a. “Donise Warren-Jackson,” “Donise Jackson,” and “Donise Conerly,” of Canyon Lake, is charged with 15 counts of embezzlement from organizations receiving federal funds and 15 counts of embezzlement of government property.
Each charge is a felony punishable by up to 10 years in federal prison. Warren was arraigned this afternoon in United States District Court in Riverside. She pleaded not guilty to the charges against her. A federal magistrate judge ordered her released on $75,000 bond. Warren’s trial is scheduled for July 1.
Warren was the president, CEO, and executive director of the Citadel Community Development Corporation (CCDC), whose stated mission was to assist at-risk individuals with accessing affordable housing, career services, and education services. Warren was also the president, CEO, and executive director of the Citadel Community Care Facility (CCCF), another nonprofit operating at the same location as CCDC.
According to the indictment, which a grand jury returned on May 1, Warren controlled CCDC from no later than March 2016 until at least October 2023. During that time, on CCDC’s behalf, Warren applied for three grants from the United States Department of Labor Employment and Training Administration (DOL-ETA). DOL-ETA awarded CCDC each of these grants, which required that the money be used on authorized expenditures. Warren allegedly embezzled approximately $101,000 of CCDC’s grant money and caused it to be used on wedding and travel expenses, including a $25,000 payment to her spouse’s personal credit card.
Warren controlled CCCF from at least March 2020 to approximately February 2023. During that time, on CCCF’s behalf, Warren applied for a United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) grant. After CCCF was awarded the SAMHSA grant, Warren embezzled approximately $127,500 of the grant money to her personal Coinbase account, where she purchased various cryptocurrencies.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The United States Department of Labor Office of Inspector General and the United States Department of Health and Human Services Office of Inspector General investigated this matter.
Assistant United States Attorney Cory L. Burleson of the Riverside Branch Office is prosecuting this case.
Former Attorney Sentenced for Taking Money from Special Needs ClientsRead the Press Release
TULSA, Okla. – Today, U.S. District Judge Gregory K. Frizzell sentenced Leslie Ellen Mansfield, 61, of Tulsa, for Bank Fraud. Judge Frizzell ordered Mansfield to serve 18 months imprisonment, followed by five years of supervised release. Judge Frizzell further ordered Mansfield to pay $137,240.95 in restitution.
According to court documents, Mansfield was a licensed attorney in New Mexico and Oklahoma. In 2011, she was asked to serve as trustee over supplemental needs trust (SNT) accounts for five adults with intellectual disabilities. The SNT accounts are established to protect clients’ Medicaid and Social Security disability benefits. Mansfield was entrusted to access these accounts for the sole benefit of the client. For example, she was authorized to withdraw funds to purchase a handicapped vehicle, clothing, dance lessons, and Special Olympic fees, and to prepay funeral expenses.
From December 2011 through November 2017, Mansfield withdrew funds from the SNT accounts for her own personal use. She attempted to conceal her embezzlement by altering bank statements. One of the victims lost Medicaid benefits because Mansfield did not timely submit records on behalf of the client.
Mansfield was permitted to remain on bond and voluntarily surrender to the U.S. Bureau of Prisons at a later date.
The FBI investigated the case. Assistant U.S. Attorney Vani Singhal prosecuted the case.
Florida Man Sentenced to 10 Years in Prison and Ordered to Pay More Than $97 Million in Restitution for Participation in Multiple Health Care Fraud and Kickback SchemesRead the Press Release
PITTSBURGH, Pa. - A resident of Fort Lauderdale, Florida, was sentenced in federal court to 120 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay more than $97 million in restitution and to forfeit more than $30 million and the proceeds from the sale of a yacht for conspiring to commit health care fraud and conspiring to pay and receive unlawful kickbacks, First Assistant United States Attorney Troy Rivetti announced today.
United States District Judge W. Scott Hardy imposed the sentence on Daniel Hurt, 59.
According to information presented to the Court, Hurt engaged in three separate health care fraud and illegal kickback schemes.
First, he and his co-conspirators victimized both TRICARE—a program that provides civilian health care benefits for military personnel, military retirees, and military dependents—and CHAMPVA—a health care benefit program run by the Department of Veterans Affairs—through a scheme that involved the payment of illegal kickbacks. In all, that scheme caused a loss to TRICARE of more than $18 million and to CHAMPVA of more than $450,000. Hurt was initially indicted in the Southern District of Florida for his participation in that scheme, before his case was transferred to the Western District of Pennsylvania for sentencing.
Hurt admitted during his plea hearing that, through this scheme, he and his co-conspirators billed TRICARE, CHAMPVA, and other insurance providers for expensive compounded medications that were not medically necessary. Hurt and his co-conspirators worked with patient recruiters to solicit patients who had health insurance, with the patient recruiters then generating prescriptions containing the patients’ information and a limited selection of expensive compounded medications. These prescriptions, which used formulations created or altered to obtain the maximum possible reimbursement from the insurance companies, were then referred to a telemedicine service and sent to a pharmacy owned by Hurt and his co-conspirators.
During the conspiracy, patient recruiters and the telemedicine service sent thousands of medically unnecessary prescriptions to this pharmacy, which, after filling the prescriptions, would bill patients’ insurance plans thousands of dollars for the compounded medications. Once the pharmacy received payment for the prescriptions, the pharmacy would then pay a kickback to Hurt and his co-conspirators, who would, in turn, pay kickbacks to the patient recruiters. As part of his plea, Hurt admitted to personally receiving more than $4.2 million from this scheme.
Second, Hurt engaged in a scheme that involved the payment of illegal kickbacks related to cancer genomic (CGx) testing, which was billed as if the testing were done in the Western District of Pennsylvania. In all, Medicare suffered a loss of more than $25 million from that scheme. CGx testing uses DNA sequencing to detect mutations in genes that could indicate a higher risk of developing certain types of cancers in the future.
Hurt admitted that, beginning in late 2018 and continuing through approximately October 2019, he and his co-conspirators, including individuals associated with so-called marketing entities, acquired thousands of CGx testing samples from Medicare beneficiaries located throughout the United States. Marketers used targeted campaigns to induce beneficiaries to submit CGx specimens by means of cheek swabs sent to their homes or provided to them at purported “health fairs” held throughout the United States.
Hurt directed these CGx specimens to be sent to Ellwood City Medical Center (ECMC), a hospital located in Ellwood City, Pennsylvania. Hurt further used ECMC as the billing entity for Medicare purposes despite the fact that the facility did not possess properly validated equipment to conduct any CGx testing on-site and, as such, ECMC staff were required, at Hurt’s direction, to repackage the samples and send them to third-party reference laboratories that were capable of completing the testing. In order to justify Medicare reimbursement for the CGx testing, Hurt and his co-conspirators obtained CGx prescriptions from telemedicine physicians without regard to the fact that the doctors did not conduct proper telemedicine visits, were not treating the Medicare beneficiaries for cancer or symptoms of cancer, and did not use the test results in the treatment of the beneficiaries.
During this time, Hurt directed ECMC staff to transfer millions of dollars from ECMC-related accounts to bank accounts that Hurt controlled. In turn, Hurt admitted using funds he obtained from ECMC to pay millions of dollars in kickbacks to the marketers, among others, in exchange for their efforts to obtain CGx samples. To disguise such kickbacks, Hurt entered into sham contracts with the marketers to make it appear that they were engaged in, and being paid for, legitimate marketing and referral services. Likewise, Hurt, acting through entities he controlled, entered into similar agreements and business arrangements with ECMC that disguised the payments he obtained from the facility as purportedly legitimate payments, including payments related to management services at ECMC’s laboratory. Payments, in fact, were based on the volume of CGx tests and the amount of resulting Medicare reimbursements. Hurt also admitted that he and others used a portion of Medicare reimbursements obtained through the fraudulent submission of CGx claims to engage in monetary transactions in excess of $10,000, including approximately $3 million in payments toward the purchase of a luxury watercraft in Florida called “In My DNA.”
Hurt’s third scheme involved illegal kickback payments and cancer genomic testing that caused an additional loss to Medicare of at least $53.3 million. Hurt was initially charged for his participation in that scheme in the District of New Jersey, before his case was transferred to the Western District of Pennsylvania for sentencing.In that scheme, Hurt admitted that he owned several clinical laboratories that conducted or arranged for a variety of medical tests, and that he paid kickbacks and bribes to various entities who supplied referrals and orders for CGx for Medicare and other health care benefit program beneficiaries, without regard to medical necessity. These laboratories submitted claims for payment to Medicare for these CGx tests, and Medicare reimbursed the laboratories without knowing that the services were not medically necessary or were procured through the payment of kickbacks. Hurt admitted paying kickbacks to entities who supplied referrals for each CGx test that was billed to Medicare and other health care benefit programs. To conceal the payments of bribes, Hurt and the suppliers entered into sham contracts to make it appear that the suppliers were engaged in, and being paid for, legitimate marketing and referral services. Hurt received at least $26.9 million from the $53.3 million reimbursed by Medicare.
First Assistant United States Attorney Rivetti commended the Federal Bureau of Investigation, Department of Health and Human Services – Office of Inspector General, Defense Criminal Investigative Service, United States Postal Inspection Service, Internal Revenue Service – Criminal Investigation, U.S. Department of Labor – Employee Benefits Security Administration, U.S. Department of Veterans Affairs – Office of Inspector General, Food and Drug Administration – Office of Criminal Investigation, and U.S. Army Criminal Investigation Division – Florida Fraud Resident Unit for the collaborative investigation leading to the successful prosecution of Hurt.
Five Count Indictment Unsealed Charging Local Pair with Conspiracy to Commit Murder of Federal Witness in Connection with the Staging of Automobile Collisions in the New Orleans AreaRead the Press Release
NEW ORLEANS – The U.S. Attorney's Office announced the unsealing of a Five Count Indictment charging RYAN J. HARRIS (“HARRIS”), age 35, of New Orleans, Louisiana and JOVANNA R. GARDNER (“GARDNER”), age 39, of Chalmette, Louisiana. The Indictment was returned on Friday, May 3, 2024, and unsealed on Monday, May 6, 2024, after both HARRIS and GARDNER were arrested by special agents with the Federal Bureau of Investigation.
Both HARRIS and GARDNER are charged in all five counts of the Indictment. Count One charges Conspiracy to Commit Mail and Wire Fraud in violation of Title 18, United States Code, Sections 1341, 1343, and 1349. Count Two charges Conspiracy to Commit Witness Tampering Through Murder in violation of Title 18, United States Code, Sections 1512(a)(1)(C), 1512(a)(3)(A), and 1512(k). Count Three charges Witness Tampering Through Murder in violation of Title 18, United States Code, Sections 1512(a)(1)(C), 1512(a)(3)(A), and 2. Count Four charges Conspiracy to Retaliate Against a Witness Through Murder in violation of Title 18, United States Code, Sections 1513(a)(1)(B), 1513(a)(2)(A), and 1513(f). Count Five charges Retaliation Against a Witness Through Murder in violation of Title 18, United States Code, Sections 1513(a)(1)(B), 1513(a)(2)(A), and 2.
According to the Indictment, HARRIS, GARDNER, Cornelius Garrison (“Garrison”), and others participated in a scheme in which they intentionally caused staged automobile collisions with other vehicles in the New Orleans metropolitan area. The scheme included individuals who rode in automobiles as passengers knowing they would be part of staged collisions. Those individuals later lied as part of fraudulent insurance claims and fraudulent lawsuits based on the staged collisions. GARDNER was a passenger in a staged collision. Additionally, the scheme included individuals who drove automobiles and intentionally collided with 18-wheeler tractor-trailers and other commercial vehicles in order to stage collisions (“slammers”). After the staged collisions, the slammers would flee the scene and a passenger would falsely claim to have been driving at the time of the collision. HARRIS was a slammer. HARRIS also recruited and conspired with others to participate in staged collisions. Additionally, the scheme included individuals who drove getaway cars that allowed the slammers to flee the scene after causing a collision and evade detection by law enforcement (“spotters”). The spotters would sometimes also pretend to be eyewitnesses who would flag down the commercial vehicles after the staged collisions and allege that the commercial vehicles were at fault. Additionally, the scheme included individuals such as attorneys and others associated with the attorneys who pursued fraudulent claims and fraudulent lawsuits knowing they were based on staged collisions.
Garrison worked with HARRIS as a slammer and spotter. Similar to HARRIS, Garrison recruited others to participate in staged collisions. Both HARRIS and Garrison caused or attempted to cause passengers in the staged collisions to use the services of attorneys who were part of the scheme. Between approximately March 4, 2015, and the date of the Indictment, HARRIS, GARDNER, Garrison, and others caused multiple staged collisions with the purpose of later filing fraudulent insurance claims and fraudulent lawsuits based on the staged collisions. The scheme involved the use of the mail and the use of interstate wires, including through the filing of fraudulent insurance claims and fraudulent lawsuits.
In or around October 2019, Garrison began covertly cooperating with the federal government concerning staged automobile collisions. On September 18, 2020, Garrison was charged in an Indictment in the Eastern District of Louisiana with Conspiracy to Commit Mail Fraud and other offenses related to the staged collisions. The Indictment alleges that on September 22, 2020, HARRIS and GARDNER murdered, and aided and abetted the murder of Garrison as part of a scheme to prevent Garrison from cooperating with the federal government and exposing the scheme to stage collisions.
If convicted, HARRIS and GARDNER face up to twenty (20) years imprisonment, up to three (3) years of supervised release, and up to a $250,000 fine or twice the gross gain to any defendant or twice the gross loss to any victims as to Count One. As to each Counts Two through Five, the defendants face life imprisonment, up to five (5) years of supervised release, and up to a $250,000 fine. For each of the five counts, HARRIS and GARDNER also face payment of a mandatory $100 special assessment fee.
HARRIS and GARDNER made their initial appearance before United States Magistrate Judge Karen Wells Roby on Monday, May 6, 2024, and were remanded to the custody of the U.S. Marshals Service after the government moved for their detention.
Thus far, fifty-two (52) defendants have been charged in the federal probe into the staging of automobile collisions with other vehicles in the New Orleans metropolitan area.
The U.S. Attorney's Office reiterated that the Indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
The U.S. Attorney’s Office would like to acknowledge the tremendous work of the Federal Bureau of Investigation, the New Orleans Police Department, and the Louisiana State Police with this matter. The prosecution of this case is being handled by Assistant U.S. Attorney Matthew R. Payne; Assistant U.S. Attorney Brian M. Klebba, Chief of the Financial Crimes Unit; Assistant U.S. Attorney J. Ryan McLaren; and Assistant U.S. Attorney J. Benjamin Myers.
Federal Inmate Sentenced for Assaulting Correctional OfficerRead the Press Release
CLARKSBURG, WEST VIRGINIA – Dwight Foster, age 50, a federal inmate formerly housed at United States Penitentiary Hazelton in Bruceton Mills, West Virginia, was sentenced today to 78 months in prison for assaulting a correctional officer.
After a two-day trial in October 2023, a jury found Foster guilty of assault of a correctional officer involving physical contact and possession of a weapon. According to court documents and statements made in court, during a search of Foster’s cell, officers found a prison-made weapon. When a correctional officer attempted to seize the object, Foster struck the officer with his fist.
Foster will serve three years of supervised release once his prison sentence is complete.
Assistant U.S. Attorneys Brandon Flower and Christie Utt prosecuted the case on behalf of the government.
The Bureau of Prisons investigated.
Chief U.S. District Judge Thomas S. Kleeh presided.
False Claims Act Complaint Filed Against International Student Recruiting Firm for Federal Student Aid Programs SubmissionsRead the Press Release
The Justice Department announced today that it has filed a complaint under the False Claims Act (FCA) against Study Across the Pond LLC (SATP) and its principal, John Borhaug. SATP, which is organized under the laws of Massachusetts, recruits American students to attend foreign schools in the U.K., as well as other countries. The complaint, filed in the District of Massachusetts, alleges that SATP and Borhaug knowingly caused UK schools to submit false claims to the Department of Education for federal student aid by demanding that the foreign schools enter into arrangements that violated the federal ban on incentive-based compensation.
“Third-party recruiters who demand illegal financial incentives for recruiting students to institutions of higher learning, no matter where those institutions are located, undermine the integrity of our system of higher education,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Prospective students are entitled to make their enrollment decisions without the improper influence of recruiters who pursue their own financial gain at the expense of students’ best interests.”
“Today’s complaint alleges that Study Across the Pond and John Borhaug used illegal incentives to influence American students to attend foreign schools,” said Acting U.S. Attorney Joshua S. Levy for the District of Massachusetts. “With today’s action, my office demonstrates its commitment to upholding the ban on incentive compensation, rooting out undue financial influence in student recruitment and protecting the integrity of federal student financial aid programs.”
“The Office of Inspector General has a unique and special law enforcement mission – to protect public education funds for eligible students,” said Special Agent in Charge Terry Harris of the Department of Education Office of Inspector General (OIG)’s Eastern Regional Office. “Today’s announcement is an example of our commitment to this mission. The OIG will continue to work with our law enforcement partners and pursue allegations of violations of the False Claims Act in carrying out our important public service.”
Title IV of the Higher Education Act prohibits any institution of higher education that receives federal student aid from compensating student recruiters with a commission, bonus or other incentive payment based directly or indirectly on the recruiters’ success in securing student enrollments. This is referred to as the Incentive Compensation Ban. The Incentive Compensation Ban protects students against aggressive recruitment practices that serve the financial interest of the recruiter rather than the educational needs of the student.
The complaint alleges that SATP knowingly collaborated with at least 28 U.K. schools to violate the Incentive Compensation Ban while the schools were participating in a federal student aid program. Specifically, since at least 2015, SATP, under the direction of Borhaug, has recruited American students to attend U.K. schools and demanded payment of a commission for SATP’s services. This commission was actually a share of the money the schools claimed from a federal financial aid program, specifically the Federal Direct Loan Program, for the benefit of American students. The government further alleges that SATP and Borhaug created sham records to hide these arrangements, and ultimately caused foreign schools to submit false claims to the Department of Education.
The government filed its complaint in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act. Under the Act, a private citizen can sue on behalf of the government and share in any recovery. The government is entitled to intervene in the lawsuit, as it has done in this case.
The lawsuit is captioned United States ex rel. Hitrost LLC v. Study Across the Pond, LLC, et al., No. 21-CV-10274-ADB (D. Mass.). The Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of Massachusetts are handling the case, with substantial assistance from the Department of Education.
The United States is represented in this matter by Trial Attorney Allison C. Carroll of the Civil Division and Assistant U.S. Attorneys Brian LaMacchia and Alexandra Brazier for the District of Massachusetts.
The claims asserted against defendants are only allegations. There has been no determination of liability.
ComplaintDunklin County Man Caught with Nearly 2 Pounds of Methamphetamine Sentenced to 10 Years in PrisonRead the Press Release
CAPE GIRARDEAU – U.S. District Judge Stephen N. Limbaugh Jr. on Tuesday sentenced a man caught with nearly two pounds of methamphetamine and other drugs to 10 years in prison.
During a traffic stop on Nov. 18, 2022, near Advance, Missouri, a deputy with the Stoddard County Sheriff’s Office deputy spotted Lee Roy Foley III trying to conceal a bag containing an assortment of pills. Foley was also driving with a suspended license. The deputy arrested Foley, and discovered 849 grams of meth, about two pounds of marijuana and two chocolate bars containing the psychedelic Psilocybin. Foley admitted engaging in the drug trade in southeast Missouri.
Foley, of Kennett, Missouri, pleaded guilty in January in U.S. District Court in Cape Girardeau to possession with intent to distribute methamphetamine.
The Stoddard County Sheriff’s Office and the Southeast Missouri Drug Task Force investigated the case. Assistant U.S. Attorney Julie Hunter prosecuted the case.
District Man Sentenced for Possessing Firearms While Trafficking Cocaine and NarcoticsRead the Press Release
WASHINGTON – Ronald Hinkle, 46, of Washington, D.C., was sentenced today to 72 months in prison for possessing multiple illegal firearms as he distributed cocaine, cocaine base, and heroin in the District. The sentence was announced by U.S. Attorney Matthew M. Graves, FBI Special Agent in Charge David J. Scott of the FBI Washington Field Office, DEA Special Agent in Charge Jarod A. Forget of the Washington Division of the U.S. Drug Enforcement Administration, and Chief Pamela A. Smith of the Metropolitan Police Department.
Hinkle, aka “Ronald Archer,” pleaded guilty on August 2, 2023, before U.S. District Judge Colleen Kollar-Kotelly to one count of possessing a firearm in furtherance of a drug trafficking offense. In sentencing Hinkle, Judge Kollar-Kotelly also ordered five years of supervised release and community service.
According to court documents, law enforcement officers arrested Hinkle on February 21, 2018, on the 2500 block of R Street SE after Hinkle entered a rental car. The agents recovered 84 grams of crack cocaine in plastic bags from Hinkle’s waistband and an additional eight grams of cocaine and 30 grams of heroin from the car. Agents obtained a warrant and searched Hinkle’s nearby one-bedroom apartment where they recovered several kilograms of cocaine, hundreds of thousands of dollars’ worth of contraband, and three firearms. The firearms, which included two pistols – a Ruger and a Glock – were later tested at FBI forensic labs and found to be linked to Hinkle through his DNA.
This investigation was 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.
This case was investigated by the FBI Washington Field Office, the DEA, and MPD’s Violent Crime Suppression Division. It is being prosecuted by Assistant U.S. Attorneys Cameron Tepfer and Thomas Strong.
DOJ resolves allegations Tacoma spine surgeon billed for unnecessary surgeriesRead the Press Release
Seattle – U.S. Attorney Tessa M. Gorman today announced the resolution of a False Claims Act qui tam matter alleging a Tacoma physician billed government insurance programs for medically unnecessary spinal surgeries. CHI Franciscan Health and St. Joseph Medical Center will pay $745,654 to resolve the matter and former Orthopedic Surgeon Kevin Schoenfelder will pay $197,054 to resolve the case.
“Unnecessary surgeries put patients at risk of medical complications,” said U.S. Attorney Gorman. “In this case we are concerned about protecting taxpayer funded health care, but even more concerned that patients may have needlessly suffered when enduring procedures that were more invasive than was necessary.”
According to the settlement agreement, on May 21, 2018, Dr. Daniel Nehls filed a qui tam lawsuit alleging Dr. Schoenfelder had been performing medically unnecessary spinal surgeries, among other allegations. CHI resolved claims that the hospital billed for Dr. Schoenfelder’s performance of spinal surgery at more spinal levels than necessary and medically unnecessary spinal fusions at Tacoma’s St. Joseph Hospital. Dr. Scheonfelder resolved claims pertaining to his performance of allegedly medically unnecessary spinal surgeries. Between January 1, 2013, and June 30, 2018, these surgeries were billed to government health programs when they were not medically necessary. The surgeries were billed to Medicare, TRICARE, and Veterans Affairs.
In resolving the case, neither the doctor nor the hospital and CHI Franciscan are admitting wrongdoing. Each is paying the government health programs the amount that was improperly billed and additional penalties. Additionally, Dr. Nehls, as the relator who reported the false claims, will receive 22% of the payments to the government health programs.
Dr. Schoenfelder retired in 2018 and surrendered his physician license in 2019.
“Health care providers who perform medically unnecessary procedures compromise the integrity of Federal health care programs and expose their patients to potential harm,” said Special Agent in Charge Steven J. Ryan of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “This outcome demonstrates that HHS-OIG along with our law enforcement partners will relentlessly pursue those who abuse taxpayer-supported health care programs.”
“Subjecting veterans to unnecessary medical procedures at the expense of the taxpayer will not be tolerated. Such activities put at risk VA’s ability to provide timely, quality healthcare within the local community,” said Acting Special Agent in Charge Gregory S. Phelan of the VA Office of Inspector General’s Northwest Field Office. “The VA OIG will continue to work with our law enforcement partners to ensure the integrity of VA’s programs and services.”
“This settlement sends a message to doctors that patient safety and the integrity of our healthcare programs, including the Department of Defense's TRICARE program, are paramount,” said Bryan D. Denny, Special Agent in Charge of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Western Field Office. “DCIS remains committed to working with its law enforcement partners in protecting the integrity of federal healthcare programs, which facilitates an environment for our healthcare providers to be truly focused on quality patient care and safety.”
The settlement resolved a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties known as relators to file suit on behalf of the government for false claims and to share in any recovery. The qui tam suit is captioned United States ex rel. Daniel Nehls v. Catholic Health Initiatives et. al, C18-540-BHS.
The resolution of this case was handled by Assistant United States Attorneys Kayla Stahman and Nickolas Bohl.
Cryptocurrency futures market CEO pleads guilty to violating Bank Secrecy ActRead the Press Release
MIAMI – The former Chief Executive Officer (CEO) of Digitex Futures Exchange (Digitex Futures) pleaded guilty today in federal court to willfully causing Digitex Futures to violate the Bank Secrecy Act by failing to establish and implement an anti-money-laundering program.
From 2018 through April 2022, Adam Colin Todd, 50, illegally operated Digitex Futures, an online futures exchange company, as an unregistered futures commission merchant within the United States. Todd, as CEO of Digitex Futures, illegally sold and offered futures contracts to customers of Digitex Futures in the United States. Todd willfully failed to establish, implement and maintain an adequate anti-money-laundering program, including an adequate know-your-customer program. Todd publicly stated that he refused to implement know-your-customer policies for Digitex Futures.
A sentencing hearing has not been scheduled yet. Todd faces a maximum penalty of five years in prison and a $250,000 fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines along with other mitigating, aggravating, and statutory factors.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Jeffrey B. Veltri of FBI, Miami Field Office, made the announcement.
FBI Miami investigated the case. Assistant U.S. Attorney Trevor Jones is prosecuting the case.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-cr-20478.
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Craven County Man Who Shot Sheriff’s Deputy Sentenced to 10 Years in Federal PrisonRead the Press Release
NEW BERN, N.C. –Robert Joseph Westrup, 43, of Craven County, was sentenced today to the statutory maximum of 120 months in prison for possession of a firearm by a felon in connection with the shooting of a Craven County Sheriff’s deputy on October 1, 2021. The shooting left the deputy paralyzed from the waist down. Westrup pled guilty on November 3, 2023.
“Westrup’s federal prosecution is just one example of our commitment to seeking justice for those who serve and put themselves in the line of fire every day to keep our communities safe,” said U.S. Attorney Michael Easley. “Those who seek to harm the brave men and women in law enforcement will be prosecuted to the fullest extent of the law.”
“But for the quick and heroic actions of fellow Craven County deputies, this shooting would have resulted in even more tragedy,” said Craven County Sheriff Chip Hughes. “While nothing can undo the harm caused by this defendant, this active prison sentence obtained by the U.S. Attorney's Office serves as notice that crimes against law enforcement will not go unpunished. We will now work with the Craven County District Attorney's Office to move forward with the prosecution of state charges.”
According to court records and other evidence presented in court, sheriff’s deputies were attempting to serve involuntary commitment paperwork on Westrup at the request of his family. Westrup resisted and fired a shot, striking one deputy, instantly paralyzing him, and then engaged in a gun battle with the other deputies. Two deputies were able to drag the injured officer out of the home while the two other deputies exchanged gunfire with Westrup. Eventually, Westrup retreated to the attic over the garage, where he partially fell through the ceiling. Westrup then noticed the injured deputy lying on the sidewalk in front of the garage and began shooting at him again before a heroic neighbor braved gunfire to drag the injured deputy to safety once again. Westrup, who had also been injured, eventually surrendered in the attic, where deputies recovered a Glock 19 9mm pistol.
Westrup was previously convicted of possession of pseudoephedrine with the intent to manufacture methamphetamine and possession of a firearm in furtherance of a drug trafficking crime and was sentenced to 117 months in the Bureau of Prisons in the Middle District of Georgia in 2005.
Westrup is currently charged in Craven County with four counts of attempted first-degree murder, four counts of assault on a law enforcement officer with a firearm, and possession of a firearm by a felon. These charges are related to this incident and remain pending.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Court Louise W. Flanagan. The Craven County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case and Assistant U.S. Attorney Phil Aubart prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:23-CR-1-FL.
Convicted Felon Sentenced for Possessing a Glock Pistol That Police Discovered After He Crashed a Stolen Car on I-295Read the Press Release
WASHINGTON – Jordan Tyler Alexander, 20, of Washington D.C., was sentenced today to 46 months in prison for illegally possessing a firearm that was discovered after he fled from police in a stolen car and crashed it following a high-speed chase. The sentencing was announced by U.S. Attorney Matthew M. Graves; ATF Special Agent in Charge Craig Kailimai of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Chief Malik Aziz of the Prince George’s County Police Department, and Chief Pamela A. Smith of the Metropolitan Police Department (MPD).
Alexander pleaded guilty in U.S. District Court in the District of Columbia on February 13 to a count of unlawful possession of a firearm and ammunition by a person convicted of a felony. Alexander is also facing trial for armed robbery and weapons counts in Prince George’s County, Maryland.
In addition to the 46-month prison term, U.S. District Court Judge Richard J. Leon ordered Alexander to serve three years of supervised release.
According to court documents, a Prince George’s County police officer was on patrol at 2 a.m. on August 9, 2023, when he watched a white Honda Accord pull into the parking lot of a convenience store in Suitland, MD, and then immediately leave. The officer suspected that the vehicle drove away after spotting his marked police cruiser. The police officer later saw the Honda pull into the parking lot of a tobacco store. The officer ran the vehicle’s license plate number and learned the car had been stolen in an armed robbery on July 24, 2023, in Southeast Washington, D.C.
The officer followed the Honda and witnessed it run a red light. The officer switched on his flashers and siren. The Honda sped off. The officer received authorization to pursue the Honda and followed it into the District at speeds that reached 100 m.p.h. before it crashed into a guardrail at I-295 Northbound near the exit for Minnesota Ave., NE.
Alexander jumped out of the driver’s side door and ran down I-295 as cars drove past him. An unidentified individual jumped out of the front passenger side of the vehicle. A law enforcement officer caught up to the fleeing Alexander and maneuvered in front of him. Alexander subsequently surrendered.
Inside the crashed white Honda investigators discovered a Glock 27, 40 caliber handgun with an extended magazine on the driver’s side floorboard. Next to the firearm was a cell phone. On the front passenger seat, there was an additional black Glock 22, 47 caliber pistol. The Glock on the floorboard was loaded with 17 bullets and had one in the chamber.
This case was investigated by the Prince George’s County Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives Washington Field Division, and the Metropolitan Police Department as part of Project Safe Neighborhood
The case is being prosecuted by Assistant U.S. Attorney Shehzad Akhtar with valuable help provided by paralegal Karla Nunez.
Colchester Man Found Guilty by Jury of Drug, Gun, and Robbery OffensesRead the Press Release
Burlington, Vermont – The United States Attorney for the District of Vermont announced that yesterday, Dominique Troupe, 37, of Colchester, Vermont was convicted following a six-day jury trial in United States District Court in Rutland of drug, gun, and robbery offenses. Troupe, who was arrested in September 2022, remains in the custody of the United States Marshals Service pending post-trial proceedings.
According to court records and evidence presented at trial, by at least July of 2021 Troupe was a source of cocaine base (also known as “crack cocaine”) to residents of Swanton, Vermont, with whom he conspired to distribute the drug. During the second half of 2021, Troupe maintained a consistent crack cocaine distribution operation in the Swanton area. In January 2022, however, a rival distributor of crack cocaine moved into the residence at 45 First Street in Swanton, resulting in a significant diminution in Troupe’s sales. To address this problem, two of Troupe’s Swanton-based re-distributors came up with the idea to rob the rival drug dealer of his drugs and money. When Troupe learned of this idea, he turned it into reality. Trial evidence showed that during the early morning of February 2, 2022, Troupe employed one of his Swanton-based distributors, as well as another of Troupe’s associates, to attempt the armed robbery at 45 First Street. Troupe supplied a firearm to one of the robbers to use during the crime. Tragically, during the attempted armed robbery, Elijah Oliver, 22, of Massachusetts was shot twice, and killed.
Based on the jury’s verdict, Troupe faces a mandatory minimum of 15 years’ imprisonment and a potential maximum sentence of life. The ultimate sentence will be determined by reference to the Sentencing Guidelines and statutory sentencing factors.
United States Attorney Nikolas P. Kerest commended the investigative efforts of the Major Crime Unit, the Narcotics Investigation Unit, the Crime Scene Search Team, and the Technology Investigation Unit of the Vermont State Police. He stated: “This case is another tragic example of the intersection of guns and drug distribution in Vermont. We are grateful to the men and women of the Vermont State Police for their response to and investigation of the tragic events in Swanton in February 2022. The jury’s verdict will hold Dominique Troupe responsible for the role he played in those events.” U.S. Attorney Kerest also thanked the Federal Bureau of Investigation and the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives for the assistance they provided.
“The Vermont State Police thanks our federal partners for their pursuit of justice in this troubling, tragic case,” said Maj. Dan Trudeau, commander of the Vermont State Police Criminal Division. “As we have in the past, our agencies will continue working together to fight the scourge of drug-related violence in Vermont, to keep our communities safe, and to ensure accountability when offenders shatter the peace that everyone in Vermont expects and deserves.”
Assistant United States Attorneys Jason Turner and Michael Drescher prosecuted the case. Troupe was represented by Chandler Matson, Esq.
Chief Engineer of Oil Tanker Admits Discharge of Oily Waste off Coast of New Jersey and Concealment of Pollution from VesselRead the Press Release
NEWARK, N.J. – A chief engineer employed by a Greek shipping company today admitted charges related to the discharge of oily waste into the sea from a commercial vessel near a petroleum terminal in Sewaren, New Jersey; he and a second engineer also admitted concealment of pollution from that vessel through the falsification of records, U.S. Attorney Philip R. Sellinger and Assistant Attorney General Todd Kim announced.
Konstantinos Atsalis, 57, the chief engineer of an oil tanker, the M/T Kriti Ruby, pleaded guilty before U.S. District Court Judge Esther Salas in Newark federal court to an information charging him with two counts of violating the Act to Prevent Pollution from Ships, including falsifying the vessel’s oil record book. Sonny Bosito, 54, the second engineer of the M/T Kriti Ruby, pleaded guilty to an information charging him with violating the Act to Prevent Pollution from Ships.
According to documents filed in this case and statements made in court:
Atsalis admitted that the vessel’s crew had knowingly bypassed required pollution prevention equipment by discharging oily waste from the vessel’s engine room through its sewage system into the sea, including near a petroleum offloading facility in Sewaren. Atsalis also admitted that he falsified the vessel’s oil record book, a required log regularly inspected by the U.S. Coast Guard, by failing to record this illegal activity. Atsalis admitted that he directed crew members to hide equipment used to conduct transfers of oily waste from the engine room bilge wells to the sewage tank before the Coast Guard boarded the vessel.
Bosito admitted concealing the discharge of oily waste into the sea through the vessel’s sewage system by causing a false oil record book to be presented to the U.S. Coast Guard during its inspection of the vessel. Bosito admitted directing crew members to hide equipment used to conduct transfers from the bilge wells to the sewage tank before the Coast Guard’s inspection.
The charges to which Atsalis and Bosito pleaded guilty each carry a maximum penalty of six years in prison and a fine of $250,000, or twice the gross gain or loss resulting from the offense, whichever is greatest. Sentencing for both defendants is scheduled for Oct. 22, 2024.
U.S. Attorney Sellinger and Assistant Attorney General Kim credited special agents of the U.S. Coast Guard Investigative Service, under the direction of Acting Special Agent in Charge Steven M. Frith, with the investigation leading to the guilty pleas.
The government is represented by Assistant U.S. Attorney Kathleen P. O’Leary of the U.S. Attorney’s Office Asset Forfeiture and Money Laundering Unit, Special Assistant U.S. Attorney Katherine E. Ward of the U.S. Attorney’s Office in Newark, and Trial Attorney Lauren D. Steele and Senior Trial Attorney Kenneth E. Nelson of the Environmental Crimes Section of the U.S. Department of Justice Environment and Natural Resources Division.
bosito.information.pdf atsalis.information.pdfChicago Businessman Pleads Guilty to Federal Fraud Charge in Connection with Reverse Mortgage Scheme Targeting Elderly HomeownersRead the Press Release
CHICAGO — A Chicago businessman pleaded guilty today to a federal fraud charge for bilking elderly homeowners in a home repair and reverse mortgage scheme.
MARK STEVEN DIAMOND schemed with others to induce homeowners to unwittingly obtain reverse mortgage loans to pay for purported home repairs that Diamond offered to perform. Diamond and the co-schemers targeted elderly victims based on the amount of equity in their homes and their relative lack of financial sophistication. In some instances, Diamond concealed from the homeowners that they were applying for reverse mortgage loans by falsely representing that they needed to sign certain documents to start the repair work, when, in fact, the documents that Diamond caused them to sign were related to applying for the loan. After the loans were approved and originated by co-schemers, Diamond fraudulently pocketed the loan proceeds and often failed to perform any repairs.
Diamond, 67, of Chicago, pleaded guilty to a federal charge of wire fraud affecting a financial institution, which is punishable by up to 30 years in federal prison. Diamond acknowledged in a plea agreement that he victimized at least 18 Chicago-area homeowners by fraudulently obtaining approximately $929,000 from financial institutions in the form of reverse mortgage loan proceeds. It will be the government’s position at sentencing that there were at least 80 victims and that Diamond’s actions caused at least approximately $6 million in losses. U.S. District Judge Franklin U. Valderrama set Diamond’s sentencing for Sept. 4, 2024.
The guilty plea was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, Machelle L. Jindra, Special Agent-in-Charge of the U.S. Department of Housing and Urban Development’s Office of Inspector General in Chicago, and Robert W. “Wes” Wheeler, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI. Substantial Assistance was provided by the Illinois Attorney General’s Office. The government is represented by Special Assistant U.S. Attorney Brian P. Netols and Assistant U.S. Attorney Erin Kelly.
All four co-schemers charged in the investigation – loan originators GARY BOHN, of Hoffman Estates, Ill., and MATTHEW FEFFERMAN, of Munster, Ind., Diamond’s employee CYNTHIA WALLACE, of Sauk Village, Ill., and title agency owner FORREST C. FAWCETT, of Fort Lauderdale, Fla. – previously pleaded guilty and admitted their roles in the fraud. They are awaiting sentencing.
Diamond plea agreementCalifornia Man Sentenced to 7 Years in Federal Prison for Possessing Child PornographyRead the Press Release
BOISE – Jason C. Moffat, 41, of San Diego, California, was sentenced to 84 months in federal prison for possession of child pornography, U.S. Attorney Josh Hurwit announced today.
According to court records, the investigation began when the Idaho Internet Crimes Against Children (ICAC) Task Force received a CyberTip from Kik Messenger. A CyberTip is a report submitted to the National Center for Missing and Exploited Children (NCMEC). NCMEC gathers leads and tips regarding suspected online crimes against children and forwards them to the appropriate law enforcement agencies. ICAC determined that a Kik account, later identified as belonging to Moffat, had uploaded and distributed child pornography to other users.
ICAC obtained a search warrant for the contents of the Kik account and located numerous videos of child pornography, including depictions of infants and toddlers being sexually abused. ICAC later seized Moffat’s cellphone and examined it pursuant to a search warrant. ICAC located additional files of child pornography on the cellphone, along with messages where Moffat discussed his sexual interest in children.
Moffat lived in Idaho when he possessed and distributed child pornography. He later moved to California, where he was arrested on the charge.
U.S. District Judge Amanda K. Brailsford also sentenced Moffat to 15 years of supervised release and ordered him to pay $3,000 in restitution to a victim in the images he possessed. Moffat will be required to register as a sex offender as a result of the conviction.
“The ability to track cyber tips to individual criminals is critical to protecting Idaho’s children,” said U.S. Attorney Hurwit. “We will continue to rely on our partnership with the ICAC Task Force and the Idaho Attorney General’s Office to remove child predators from our communities.”
“Taking these predators out of our communities is a top priority for my office,” said Attorney General Raúl Labrador. “I’m proud of our ICAC Unit and the dedicated partnerships they have built with agencies across the state and around the country that track down these individuals and hold them accountable for their crimes.”
U.S. Attorney Hurwit commended the investigation by the Idaho ICAC Task Force, the San Diego ICAC Task Force, and the United States Marshals Service, which led to the charge. Assistant U.S. Attorney Kassandra McGrady prosecuted this 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. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal 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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California Man Sentenced on Federal Drug Trafficking ChargesRead the Press Release
NEW ORLEANS, LOUISIANA – CARLOS PEDILLIA-SERNA, age 34, a resident of California, was sentenced on Friday, May 3, 2024 to serve 135 months in the custody of the United States Bureau of Prisons for his role in the distribution of over 40 lbs of pure methamphetamine to individuals in Terrebonne Parish. PEDILLIA-SERNA pleaded guilty on January 24, 2024, before U.S. District Judge Jane Triche Milazzo to participating in a conspiracy to distribute 50 grams or more of methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1), (b)(1)(A), and 846.
PEDILLIA-SERNA is also subject to deportation to Mexico after he serves his prison sentence, as he is not legally in the United States, though he has been living in California for years.
This case was investigated by the United States Drug Enforcement Administration and the Terrebonne Parish Sheriff’s Office. The prosecution was handled by Assistant United States Attorney Maurice E. Landrieu, Jr. of the Narcotics Unit.
Brooklyn Woman Pleads Guilty to Nationwide Marijuana Trafficking and Money Laundering ConspiraciesRead the Press Release
ALBANY, NEW YORK – Onisha Smith, age 41, of Brooklyn, New York, pled guilty today to conspiring to distribute marijuana and money laundering.
United States Attorney Carla B. Freedman; Bryan Miller, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); Frank A. Tarentino III, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division; Troy Police Chief Daniel DeWolf; and Matthew Scarpino, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), made the announcement.
Smith admitted that she was a member of a marijuana and THC trafficking organization that shipped thousands of kilograms of marijuana and THC from Fresno, California, to locations throughout the United States, including New York City and the Capital Region, between 2017 and June 2022. She also admitted to laundering marijuana proceeds for the organization.
The packages of marijuana were shipped through UPS and FedEx from a shipping store in Fresno, Fast Pack & Ship, by Dwight A. Singletary II, aka “Nutt” and “Mike Jones,” and McKenzie Merrialice Coles, aka “Kenzie.” Smith received the packages of marijuana at, among other locations, her apartment and a neighboring apartment in Brooklyn; her brother, Lateek White, also received packages of marijuana at his residence in Brooklyn. In total, Smith and White received 71 packages containing approximately 294 kilograms, or 648 pounds, of marijuana.
Smith also laundered marijuana proceeds for the organization by purchasing cashier’s checks with cash marijuana proceeds for Singletary; depositing cash marijuana proceeds into her bank accounts and transferring the money to Singletary; and receiving payment for marijuana and transferring it to Singletary.
Smith faces up to 20 years in prison on each of the two counts to which she pled guilty, conspiring to distribute marijuana and conspiring to commit money laundering; fines of up to $1 million and $500,000, respectively, on each count; and a term of supervised release of between 3years and life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Smith was charged in an indictment with Singletary, Coles, White and 20 other people charging marijuana distribution and money laundering conspiracies, firearms offenses, and other crimes. Singletary and Coles have pled not guilty and are presumed innocent unless and until proven guilty. The charges in the indictment are merely accusations.
In addition to Smith, White and seven other defendants, Rosemary Coles, Latrice Mumphrey, Sammy Olague, Victor Turner, Kristle Walker, Ruby Ledesma, and Jazell Shuler, previously pled guilty and are pending sentencing.
The ATF, DEA, Troy Police Department and HSI are investigating the case. Assistant U.S. Attorneys Cyrus P.W. Rieck and Dustin C. Segovia 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.
Bridgeville Resident Charged with Producing and Distributing Material Sexually Exploiting a MinorRead the Press Release
PITTSBURGH, Pa. - A resident of Bridgeville, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of producing and distributing material depicting the sexual exploitation of a minor, United States Attorney Eric G. Olshan announced today.
The 11-count Indictment named Matthew Trax, 24, as the sole defendant.
According to the Indictment, in and around various dates in November 2023 through December 2023, Trax used, enticed, and persuaded a 14-year old female to engage in sexually explicit conduct to create videos and images involving the minor. In addition to producing this sexually explicit content, Trax also distributed sexually explicit material involving the same minor female.
The law provides for a sentence of not less than 15 years and up to 30 years in prison, a fine of up to $250,000, or both. Under the federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. Trax has been detained on state charges, and he remains detained pending trial.
Assistant United States Attorney Nicole A. Stockey is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and Mt. Lebanon Police Department conducted the investigation leading to the Indictment.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (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.justice.gov/psc.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Berkeley County Man Admits to Federal Domestic Violence ChargesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Kevin Nicholas Munroe, 32, of Martinsburg, West Virginia, pled guilty today to federal domestic violence charges.
United States Attorney William Ihlenfeld announced that Munroe pled guilty to possession of a firearm by a person subject to a domestic violence protective order, and interstate violation of a protective order. According to court documents and statements made in court, West Virginia State Police were investigating a shooting that led to Munroe, who had an active domestic violence protective order against him filed in Los Angeles, California. Munroe, prohibited from having firearms, was found in Martinsburg with the person who filed the protective order and a .45 caliber revolver.
“Those who violate protective orders will be held accountable, regardless of where the order was issued,” said U.S. Attorney Ihlenfeld. “Due to the excellent work of the West Virginia State Police, Mr. Munroe faces a long prison sentence for violating an order issued on the other side of the country.”
Munroe faces up to 15 years in federal prison for the firearms charge and up to five years for the protective order violation. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case was prosecuted as a part of the Northern District of West Virginia’s Domestic Violence Reduction Initiative, formed in early 2023 to protect domestic violence victims, take dangerous criminals off the streets, and enhance community safety. The program focuses on keeping firearms out of the hands of violent offenders.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the West Virginia State Police investigated.
Assistant U.S. Attorney Kyle Kane is prosecuting the case on behalf of the government.
U.S. Magistrate Judge Robert W. Trumble presided.