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Monday 6 May 2024
Florida Hospital System Agrees to Pay $1.5 Million to Resolve Liability Relating to Self-Disclosure of Improper DiscountsRead the Press Release
Note: View the settlement here.
Tampa, FL – Baptist Health System Inc. (Baptist Health), located in Florida, has agreed to pay $1.5 million to resolve allegations that it violated the False Claims Act by knowingly causing its subsidiaries to offer discounts to patients to induce them to purchase or refer Baptist Health services reimbursed by federal health care programs. In connection with the settlement, the United States acknowledged that Baptist Health took significant steps entitling it to credit for cooperating with the government’s investigation.
The Anti-Kickback Statute prohibits parties who participate in federal healthcare programs from knowingly and willfully paying or receiving any remuneration in return for referring an individual to, or arranging for the furnishing of, any item or services for which payment is made by the federal healthcare programs. The United States alleged that Baptist Health subsidiaries provided discounts of up to 50% or more on patient cost sharing obligation balances for certain categories of Medicare beneficiaries, chosen by Baptist Health, without regard to any financial need consideration, during the period from Jan. 1, 2016, through Aug. 15, 2022. The United States contends that Baptist Health subsidiaries provided these discounts in exchange for the beneficiaries’ purchase or referral of services by certain categories of Medicare beneficiaries from Baptist Health subsidiaries.
Baptist Health voluntarily self-disclosed this conduct to the United States. In addition, Baptist Health cooperated with the government’s investigation and took remedial measures, including discontinuing its discount policy, conducting an internal compliance review and providing the United States with a detailed disclosure statement and other supplemental information to assist the United States in its investigation.
“The department will continue to rely on the False Claims Act to address the use of prohibited remuneration to induce federal healthcare business,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We encourage providers to mitigate the consequences of prior improper conduct by making timely self-disclosures, cooperating with our investigations and adopting enhanced compliance procedures.”
“This settlement is a great example of our office’s commitment to protecting and preserving taxpayer-funded healthcare programs,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “Self-disclosures like this not only help crucial federal healthcare programs to recoup funds, but are also in the best interests of healthcare providers themselves.”
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, U.S. Attorney’s Office for the Middle District of Florida and Department of Health and Human Services’ Office of Inspector General.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
Trial Attorney Michael Hoffman of the Civil Division’s Commercial Litigation Branch, Fraud Section and Assistant U.S. Attorney Carolyn Tapie for the Middle District of Florida handled the matter.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Five Federal Departments Join Justice Department in Reaffirming Shared Commitment to Uphold Civil Rights Laws and Advance Environmental JusticeRead the Press Release
The Justice Department’s Civil Rights Division and officials from the Department of Health and Human Services’ (HHS) Office for Civil Rights; Department of Transportation’s (DOT) Departmental Office of Civil Rights; Environmental Protection Agency’s (EPA) Office of External Civil Rights Compliance; Department of Homeland Security’s (DHS) Office for Civil Rights and Civil Liberties; and Department of Housing and Urban Development’s (HUD) Office of Fair Housing and Equal Opportunity jointly reaffirmed today their shared commitment to uphold civil rights laws and advance environmental justice in communities across the United States.
“The Justice Department is committed to fully enforcing federal civil rights laws to address our nation’s legacy of environmental racism and underinvestment in communities of color,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Since 2021, we have stepped up our efforts to coordinate these critical enforcement efforts across the federal government and will continue to do so as recipients utilize billions of dollars in new infrastructure grants. We will continue to drive a whole-of-government approach in the ongoing struggle for environmental justice in our country.”
“The Environmental Protection Agency continues to center our mission on the integration of justice, equity and civil rights for communities across the country that have not received the full benefits from EPA’s decades of progress. We are committed to the enforcement of civil rights to address environmental injustice,” said Deputy Assistant Administrator for Program Implementation Marianne Engelman-Lado of the EPA’s Office of Environmental Justice and External Civil Rights. “From integrating civil rights into the fabric of our Strategic Plan and daily operations, to increased funding and staffing for this critical work, EPA will continue to strengthen our civil rights enforcement program.”
“Environmental justice is a public health issue, and our civil rights laws should ensure that all communities—no matter your race or zip code—are safe and free from environmental hazards,” said Director Melanie Fontes Rainer of the HHS Office for Civil Rights. “Unfortunately, communities of color have historically been subject to environmental injustice and deserve the full attention of the federal government through the enforcement of our laws to be free from discrimination.”
“Beyond moving people and goods, transportation plays a key role in our personal and environmental health,” said Director Irene Marion of the DOT Departmental Office of Civil Rights. “Although our nation’s transportation infrastructure is a shared asset, historically not all communities have enjoyed its full advantages and benefits. DOT is committed to correcting this course by leveraging its authority and resources to ensure transportation systems that are safe, efficient and accessible for all.”
“Advancing environmental justice can occur through education, technical assistance and robust enforcement of long-standing civil rights laws,” said Officer Shoba Sivaprasad Wadhia of the DHS Office for Civil Rights and Civil Liberties. “We are committed to working with recipients and communities toward achieving environmental justice.”
“The Department of Housing and Urban Development is committed to enforcing fair housing and civil rights laws that advance environmental justice so all neighborhoods and communities are healthy, safe and resilient places where residents can thrive,” said Principal Deputy Assistant Secretary Demetria McCain of HUD’s Office of Fair Housing and Equal Opportunity. “Protected classes must not bear the disproportionate burden of environmental hazards, though they have for too long.”
In the statement, the agencies reaffirmed their commitment to vigorously using all applicable civil rights laws, including Title VI of the Civil Rights Act of 1964, to advance environmental justice and to actively work with state, territorial and local governments and all other entities that receive federal funding to ensure compliance with these important laws. The joint statement also reminds recipients that civil rights obligations are separate and distinct from recipients’ other obligations, including obligations to comply with federal, state, territorial and local environmental laws. Additional information about the Civil Rights Division’s work to uphold and protect civil rights is available online at justice.gov/crt. Complaints about discriminatory practices may be reported to the Civil Rights Division through its internet reporting portal at civilrights.justice.gov.
Felon Sentenced to Prison for Unlawful Possession of A Privately Manufactured FirearmRead the Press Release
LAS VEGAS – A Las Vegas resident was sentenced today by United States District Judge Jennifer A. Dorsey to 44 months in prison followed by three years of supervised release for unlawful possession of a privately manufactured firearm (PMF), sometimes referred to as a “ghost gun,” after previous felony convictions.
Justin Edward Brown (37) pleaded guilty in February 2024 to one-count of possession of a firearm by a prohibited person.
According to court documents and admissions made by Brown in court, on June 14, 2022, he possessed a privately manufactured 9x19mm semiautomatic pistol incorporating a Polymer80 lower receiver and ammunition. Brown had previously been convicted of possession of a firearm by ex-felon in May 2014; assault with a deadly weapon in February 2013; and prohibited person in possession of a firearm in May 2018, all in Clark County, Nev. Brown is prohibited from possessing a firearm due to his prior felony convictions.
United States Attorney Jason M. Frierson for the District of Nevada and Special Agent in Charge Jennifer Cicolani for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) made the announcement.
This case was investigated by the ATF and the Las Vegas Metropolitan Police Department. Assistant United States Attorney Dan Cowhig prosecuted the case.
The case was brought as 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. For more information about PSN, visit www.justice.gov/usao-nv.
If you have information about illegal firearms activity, you are urged to submit a tip to ATF by calling the hotline at 1-800-ATF-GUNS (1-800-283-4867) or through the ReportIt mobile app.
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Felon in Possession of a Firearm Sentenced in Federal CourtRead the Press Release
MOBILE, AL – A Castleberry, Alabama, man was sentenced on May 2, 2024, to 70 months in prison for illegally possessing a firearm after having been convicted of a felony offense.
According to court documents, Matthew John Cobb, 39, was arrested in possession of a .38 caliber revolver when he fled Conecuh County deputies working a traffic detail in Castleberry. Cobb was driving a white Dodge when he accelerated away from the deputies, eventually abandoning his vehicle and fleeing into the woods on foot. The Alabama Department of Corrections responded to the scene with tracking dogs. The dogs located Cobb in the woods lying face down on top of the gun. Ammunition matching the caliber of the gun was found in Cobb’s vehicle. Cobb had several prior felony convictions, including a previous conviction for Felon in Possession of a Firearm from August of 2020 in the District Court for the Southern District of Alabama. In fact, Cobb was on supervised release from that prior federal conviction at the time this offense occurred.
United States District Court Judge Terry F. Moorer imposed the 70-month sentence and ordered a three-year term of supervised release to follow. No fine was imposed but the judge ordered that Cobb pay $100 in special mandatory assessments and forfeit the firearm to the United States. Judge Moorer also found that Cobb had violated the terms and conditions of his prior supervised release term, and imposed a 14-month sentence for that violation, which will run consecutive to the 70-month sentence on the new case.
The Conecuh County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Assistant U.S. Attorney Gloria Bedwell prosecuted the case on behalf of the United States.
Dover Man Sentenced to Two Decades in Federal Prison in Connection with “Catfishing” Scheme Targeting Minor VictimsRead the Press Release
CONCORD – A Dover man was sentenced today in federal court for child exploitation offenses, U.S. Attorney Jane E. Young announces.
Evan Gadarowski, 29, was sentenced by U.S. District Court Samantha Elliott to 240 months in prison and 10 years of supervised release. On October 23, 2023, Gadarowski pleaded guilty to one count each of possession and distribution of child sexual abuse material, or CSAM.
“The defendant caused numerous minor survivors unimaginable trauma and pain. He manipulated high-school aged girls into thinking he was someone he was not and used this fictitious persona to gain their trust to obtain explicit images and videos from them. In some instances, when these survivors resisted his demands for more images, he threatened to disseminate the compromising images already in his possession to others,” said U.S. Attorney Jane E. Young. “The defendant’s criminal conduct was calculated and horrifically cruel. He preyed on the survivors’ deepest fears, causing them prolonged anguish. While the sentenced imposed today will never restore what the defendant stole from the survivors, it is a step in their healing process and will also ensure the public is safe from the defendant for the next two decades.”
“NH ICAC is honored and privileged to work with so many dedicated law enforcement officers and prosecuting attorneys. Cases in which child victims fall prey to the actions of sexual predators who choose to take advantage of their innocence and threaten their physical and emotional well-being have risen at an alarming rate,” said Lt. Eric Kinsman, Commander of the NH ICAC Task Force. “NH ICAC will continue to remain vigilant when it comes to protecting the children of NH and preserving the happiness they deserve. Resources for parents and children can be found at https://icactaskforce.org.”
According to court documents and statements made in court, Gadarowski solicited, received, and disseminated sexually explicit images and videos depicting numerous minor victims between 2018 and 2021. Gadarowski “catfished” his victims by posing as a teenage girl using sexually explicit images and videos of one minor victim and adopting them as part of a fictious online persona. Using this fictious persona, Gadarowski posed as a bisexual female and pursued online relationships with high-school aged girls. Gadarowski sent sexually explicit images and videos depicting one minor victim to others and induced unsuspecting minor victims to send him sexually explicit images and videos of themselves in return. The investigation also revealed that Gadarowski sold sexually explicit images depicting some of his minor victims to others online.
Homeland Security Investigations led the federal investigation. The Nashua Police Department and the New Hampshire Internet Crimes Against Children Task force provided valuable assistance. Assistant U.S. Attorney Kasey Weiland 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 the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
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Diamond Bar Man Sentenced to One Year in Federal Prison for Driving His Car Through Demonstrators at ‘Stop Asian Hate’ RallyRead the Press Release
LOS ANGELES – A Diamond Bar man was sentenced today to 12 months in federal prison for disrupting a “Stop Asian Hate” rally in March 2021 by running a red light and driving through a crowded crosswalk of peaceful demonstrators while shouting racial slurs and epithets.
Steve Lee Dominguez, 58, was sentenced by United States District Judge Otis D. Wright II.
Dominguez pleaded guilty in October 2023 to one count of bias-motivated interference with federally protected activities.
“This defendant’s hateful attack was designed to curtail the rights of peaceful demonstrators,” said United States Attorney Martin Estrada. “While differences of opinion are part of a healthy democracy, we cannot allow people to commit acts of violence against those with whom they disagree. My office will continue to safeguard civil rights for all members of our community.”
“Mr. Dominguez attacked innocent civilians who were simply standing up for a righteous cause – to protect Asian members of our society from hateful attacks,” said Mehtab Syed, the Acting Assistant Director in Charge of the FBI’s Los Angeles Field Office. “Today’s sentence represents the FBI’s commitment to ensuring that Constitutionally-protected rights are not violated and those who deny them will be held accountable.”
“We are deeply committed to protecting everyone’s constitutional rights including freedom of speech, and when actions turn violent and cross the line into criminal misconduct they will not be tolerated,” said Los Angeles County Sheriff Robert Luna. “The Sheriff’s Department will continue to work with our justice partners to ensure our diverse communities within Los Angeles County are protected for exercising their civil rights without fear of being attacked or harassed.”
A “Stop Asian Hate” rally occurred on March 21, 2021, in Diamond Bar. The rally was to raise awareness about the increase in hate crimes and hate incidents against members of the Asian American Pacific Islander (AAPI) community both locally and nationally – including the murders of six Asian American women five days earlier in Atlanta.
A group of rally participants assembled at the intersection of Diamond Bar Boulevard and Grand Avenue, carrying American flags and large signs in support of their cause. The demonstrators peacefully gathered and lawfully crossed the streets using the marked pedestrian crosswalk when they had the right of way.
During the rally, Dominguez was driving a black Honda Civic sedan and was stopped at a red light at the intersection. Dominguez yelled, “Go back to China!” and other racial slurs and profanities at the demonstrators. He then deliberately drove his car through the intersection’s crosswalk at the red light, made an illegal U-turn into oncoming traffic, and cut off the route of several rally participants lawfully crossing the street, primarily women and a young child.
One of the victims was an Asian woman carrying a sign that read, “Stop Asian Hate.” Another victim was a minor Black female rally participant who carried a sign that read, “End the Violence Against Asians.” Another person who was cut off in the crosswalk was a 9-year-old child, and Dominguez’s car narrowly missed her and other victims. No injuries were reported.
Dominguez then pulled his car over, got out of the car and continued to yell racial epithets – including the n-word – and threats at the demonstrators. He then called the police, identified himself as “John Doe” and falsely reported to police that the rally participants were blocking the street and he had to run a red light “because they were about to trample my car,” according to evidence presented at trial. He also requested that police “get some control out” at the intersection.
The FBI investigated this matter. The Los Angeles County Sheriff’s Department initially responded to the scene and assisted in this matter.
Assistant United States Attorneys Frances S. Lewis of the Public Corruption and Civil Rights Section and Suria M. Bahadue of the Criminal Appeals Section prosecuted this case.
Any member of the public who has information related to hate crimes is encouraged to call the FBI’s Los Angeles Field Office at (310) 477-6565 or report tips online at https://tips.fbi.gov.
Dealer heads to prison for possessing over 5,000 grams of pure methRead the Press Release
HOUSTON – A 25-year-old Houston resident has been sentenced for conspiracy to possess with the intent to distribute meth, announced U.S. Attorney Alamdar S. Hamdani.
Jesus Alfredo Palacios pleaded guilty Jan. 30.
U.S. District Judge Andrew Hanen has now ordered Palacios to serve 150 months in federal prison to be immediately followed by five years of supervised release.
The investigation began in January 2020 when law enforcement learned Palacios was selling kilogram quantities of meth in the Houston area.
On March 30, 2021, authorities observed Palacios leaving his apartment carrying a beige colored backpack and a large box. He then placed the box in the back seat of a gray 2011 Nissan Sentra. Law enforcement conducted a traffic stop and immediately noticed a strong odor of marijuana emitting from his vehicle.
Upon searching the Nissan, authorities also observed two boxes in the back seat with three plastic containers that contained a crystalized substance. Laboratory analysis revealed it was 5,768 grams of meth and had a purity level of 88%.
Palacios will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration conducted the Organized Crime Drug Enforcement Task Forces (OCDETF) operation with the assistance of Precinct 3 Harris County Constable’s office. 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 on the Department of Justice’s OCDETF webpage.
Assistant U.S. Attorney Stuart A. Burns prosecuted the case.
Court Permanently Bars Missouri CPA from Promoting Charitable Remainder Annuity Trust Tax SchemeRead the Press Release
On May 3, the U.S. District Court for the Western District of Missouri permanently barred Aric Elliot Schreiner and his company, Columbia CPA Group LLC, from organizing, promoting, selling or marketing tax schemes involving the use of charitable remainder annuity trusts (CRATs). In addition, the court ordered Schreiner to disgorge ill-gotten gains from the scheme totaling $400,000. Schreiner and Columbia CPA Group agreed to the court orders.
In February 2022, the United States sued Schreiner, Columbia CPA Group and five other defendants to stop them from promoting the CRAT scheme. The court previously entered permanent injunctions against the other five defendants by their consent.
According to the United States’ amended complaint, Schreiner and Columbia CPA Group allegedly promoted the CRAT scheme in concert with other defendants. The government alleges that Schreiner falsely claimed to customers following the CRAT scheme that they could avoid reporting to the IRS and paying federal income tax on the sale of property by: (1) transferring it to a CRAT; (2) unlawfully inflating (stepping-up) the cost basis in the property on tax documents; (3) selling the property and using the sale proceeds to purchase an annuity; and (4) receiving payments from the annuity, but failing to report the annuity payments as income on tax forms. According to the amended complaint, Schreiner also prepared tax forms to implement the CRAT scheme.
Charitable remainder trusts are irrevocable trusts that let you donate assets to charity and draw annual income for life or a specific period. When all applicable laws, regulations and rules are followed, charitable remainder trusts can offer many benefits, but they must not be misused to evade taxes or illegally benefit their beneficiaries. The Justice Department is committed to supporting the IRS as appropriate in its efforts examine charitable remainder trusts to ensure they correctly report trust income and distributions to beneficiaries, file all required tax documents and follow all applicable tax laws and rules.
In addition to being enjoined from promoting their CRAT scheme, Schreiner and Columbia CPA Group agreed to be barred from organizing, promoting, marking or selling other tax schemes including conservation easements and monetized installment sales.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Abusive arrangements using CRATs and monetized installment sales, as well as syndicated conservation easements, remain a concern of the IRS, which recently warned taxpayers about them as part of the IRS’s 2024 Dirty Dozen series. The IRS has more information on charitable remainder trusts available on its website.
In the past decade, the Justice Department’s Tax Division has obtained injunctions against hundreds of tax return preparer and tax fraud promoters. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Injunction Order and Judgment - Schreiner.pdfConnecticut Dentists Pay $498K to Settle False Claims AllegationsRead the Press Release
Vanessa United States Attorney for the District of Connecticut, and William Tong, Connecticut Attorney General, today announced that BOHUN CHOI, DDS and MICHONG SON, DDS, and their businesses, C&S FAMILY DENTAL NEW BRITAIN, LLC, and C&S FAMILY DENTAL WATERBURY, LLC, have entered into a civil settlement agreement with the federal and state governments and will pay more than $498,000 to resolve allegations that they violated the federal and state False Claims Acts.
Choi and Son are both licensed to practice dentistry in Connecticut. Choi, Son, C&S Family Dental New Britain (“C&S New Britain”) and C&S Family Dental Waterbury (“C&S Waterbury”) are enrolled as dental providers in the Connecticut Medical Assistance Program (“CTMAP”), which includes the state’s Medicaid program.
It is alleged that, in violation of their CTMAP provider agreements and the federal Anti-Kickback Statute, C&S New Britain, C&S Waterbury, Choi, and Son submitted claims to the CTMAP related to dental services rendered to Connecticut Medicaid patients referred to C&S New Britain and C&S Waterbury by a third-party “patient recruiting” company. Specifically, the federal and state governments alleged that C&S New Britain, C&S Waterbury, Choi, or Son paid a patient recruiter $110 for each Connecticut Medicaid patient the recruiter referred to them whenever the patient received services over and above routine preventative care, such as dental cleanings and exams, and submitted claims for dental services rendered to those patients. With each submitted claim, they impliedly certified that the conditions of receiving payment were met, including, but not limited to, that they did not pay kickbacks or violate any terms or provisions of the Connecticut Dental Health Partnership (“CTDHP”) provider manual concerning the submitted claim.
The CTDHP provider manual, which is an addendum to both the CTMAP provider agreement and the CTMAP provider manual, expressly prohibits per-patient compensation for individuals referred to CMAP providers.
To resolve the allegations under the federal and state False Claims Acts, C&S New Britain, C&S Waterbury, Choi, and Son agreed to pay $498,310 to reimburse the Medicaid program for conduct occurring from April 1, 2018, through January 12, 2020.
Under the False Claims Act, the government can recover up to three times its actual damages, plus penalties of $13,946 to $27,894 for each false claim.
This case stems from a larger investigation into fraudulent activity by health care providers who submit kickback-tainted claims to the CTMAP for services rendered to Connecticut Medicaid patients referred by third-party patient recruiting companies.
This investigation was conducted by the Federal Bureau of Investigation; the U.S. Department of Health and Human Services, Office of the Inspector General; the Connecticut Attorney General’s Office; and the Connecticut Department of Social Services. The case was handled by Assistant U.S. Attorney Anne Thidemann, and Assistant Attorney General Joshua L. Jackson of the Connecticut Office of the Attorney General.
People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS.
Cinco departamentos federales se unen al Departamento de Justicia para reafirmar el compromiso compartido de defender las leyes de derechos civiles y promover la justicia medioambientalRead the Press Release
La División de Derechos Civiles del Departamento de Justicia y funcionarios de la Oficina de Derechos Civiles del Departamento de Salud y Servicios Humanos (HHS, por sus siglas en inglés); la Oficina Departamental de Derechos Civiles del Departamento de Transporte (DOT, por sus siglas en inglés); la Oficina de Cumplimiento de Derechos Civiles Externos de la Agencia de Protección Ambiental (EPA, por sus siglas en inglés); la Oficina de Derechos Civiles y Libertades Civiles del Departamento de Seguridad Nacional (DHS, por sus siglas en inglés) y la Oficina de Vivienda Justa e Igualdad de Oportunidades del Departamento de Vivienda y Desarrollo Urbano (HUD, por sus siglas en inglés) reafirmaron conjuntamente hoy su compromiso compartido de defender las leyes de derechos civiles y promover la justicia medioambiental en comunidades por todo Estados Unidos.
«El Departamento de Justicia se compromete a hacer cumplir plenamente las leyes federales de derechos civiles para abordar el legado de racismo ambiental de nuestra nación y la infrainversión en comunidades de color», declaró Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Desde el año 2021, hemos intensificado nuestros esfuerzos para coordinar estos esfuerzos críticos de aplicación de la ley en todo el gobierno federal y continuaremos haciéndolo a medida que los destinatarios utilicen miles de millones de dólares en subvenciones para nuevas infraestructuras. Seguiremos impulsando un enfoque que involucre al gobierno entero en la lucha continua por la justicia medioambiental en nuestro país».
«La Agencia de Protección Ambiental continúa centrando nuestra misión en la integración de la justicia, la equidad y los derechos civiles para comunidades por todo el país que no se han beneficiado plenamente de las décadas de progreso de la EPA. Estamos comprometidos con la aplicación de los derechos civiles para abordar la injusticia medioambiental», afirmó la Administradora Auxiliar Adjunta de Implementación de Programas, Marianne Engelman-Lado, de la Oficina de Justicia Medioambiental y Derechos Civiles Externos de la EPA. «Desde la integración de los derechos civiles en la estructura de nuestro plan estratégico y las operaciones diarias hasta el aumento de la financiación y la dotación de personal para este trabajo tan crítico, la EPA continuará fortaleciendo nuestro programa de cumplimiento de derechos civiles».
«La justicia medioambiental es un asunto de salud pública, y nuestras leyes de derechos civiles deben garantizar que todas las comunidades, independientemente de su raza o código postal, estén seguras y libres de peligros medioambientales», dijo Melanie Fontes Rainer, la Directora de la Oficina de Derechos Civiles del HHS. «Desafortunadamente, a nivel histórico, las comunidades de color han sometido a injusticia medioambiental y merecen la atención completa del gobierno federal a través de la aplicación de nuestras leyes para estar libres de discriminación».
«Más allá de trasladar a personas y bienes, el transporte desempeña un papel clave en nuestra salud personal y medioambiental», comentó Irene Marion, la Directora de la Oficina Departamental de Derechos Civiles del DOT. «Aunque la infraestructura de transporte de nuestra nación es un bien compartido, históricamente, no todas las comunidades han disfrutado de todos sus beneficios y ventajas. El DOT se compromete a corregir este curso aprovechando su autoridad y recursos para garantizar sistemas de transporte seguros, eficientes y accesibles para todos».
«El fomento de la justicia medioambiental puede producirse a través de la educación, la asistencia técnica o la aplicación firme de las leyes de derechos civiles de larga duración», declaró la Oficial Shoba Sivaprasad Wadhia, de la Oficina para Derechos Civiles y Libertades Civiles, que pertenece al DHS. «Estamos comprometidos a trabajar con beneficiarios y comunidades para lograr la justicia medioambiental».
«El Departamento de Vivienda y Desarrollo Urbano se compromete a hacer cumplir leyes de vivienda justa y derechos civiles que promuevan la justicia medioambiental para que todos los barrios y comunidades sean lugares saludables, seguros y resilientes donde los residentes puedan prosperar», dijo Demetria McCain, la Secretaria Auxiliar Adjunta Principal de la Oficina de Vivienda Justa e Igualdad de Oportunidades del HUD. «Las clases protegidas no deben soportar la carga desproporcionada de los peligros ambientales, aunque lo han hecho durante demasiado tiempo».
En su declaración, las agencias reafirmaron su compromiso de utilizar decididamente todas las leyes de derechos civiles aplicables, incluido el Título VI de la ley de Derechos Civiles de 1964, para promover la justicia medioambiental y trabajar activamente con los gobiernos estatales, territoriales y locales y todas las demás entidades que reciben fondos federales para garantizar el cumplimiento de estas importantes leyes. La declaración conjunta también recuerda a los destinatarios que las obligaciones de derechos civiles son independientes y distintas de las demás obligaciones de los destinatarios, incluidas las obligaciones de cumplir con las leyes medioambientales federales, estatales, territoriales y locales. Puede encontrar información adicional sobre el trabajo de la División de Derechos Civiles para defender y proteger los derechos civiles en línea en justice.gov/crt. Las quejas sobre prácticas discriminatorias pueden notificarse a la División de Derechos Civiles a través de su portal de notificación en Internet en civilrights.justice.gov.
Charleston Woman Sentenced to Prison for Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – Jeren Danielle Canterbury, 34, of Charleston, was sentenced today to three years and five months in prison, to be followed by three years of supervised release, for two counts of distribution of methamphetamine.
According to court documents and statements made in court, on March 3, 2023, Canterbury sold approximately 27.84 grams of methamphetamine to a confidential informant for $230 in Nitro. Canterbury admitted to that transaction and to selling approximately 111.46 grams of methamphetamine to the confidential informant for $800 in Charleston on March 15, 2023.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA).
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Troy D. Adams prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-138.
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Champaign Woman Convicted of Conspiracy to Distribute MethamphetamineRead the Press Release
URBANA, Ill. – A federal jury returned a guilty verdict on May 3, 2024, against Malaia A. Turner, 35, of the 2600th block of West Springfield Avenue, Champaign, Illinois, for conspiracy to distribute more than 500 grams of a mixture or substance containing methamphetamine. Sentencing for Turner has been scheduled on September 23, 2024, at 1:30 p.m. at the U.S. Courthouse in Urbana, Illinois.
Over four days of testimony, the government presented evidence to establish that Turner had conspired with several others to obtain large quantities of methamphetamine ice from suppliers in Illinois and California and transport those drugs to the Central District of Illinois. Members of the conspiracy, including Turner, then distributed the methamphetamine ice they had obtained to others for a profit in Illinois, including to customers in Champaign, Coles, and Edgar Counties.
Turner has been in the custody of the United States Marshal Service since her arrest in August 2022. At sentencing, Turner faces statutory penalties of ten years imprisonment up to life imprisonment, a fine not to exceed $10 million, and not less than a five-year term of supervised release upon her release from custody.
The case investigation was conducted by the Federal Bureau of Investigation, Springfield Field Office, Illinois State Police’s East Central Illinois Task Force, and the United States Postal Inspection Service. Assistant United States Attorneys Rachel E. Ritzer and Timothy J. Sullivan represented the government at trial.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. 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.
Cedar Falls Office Manager Sentenced to Federal Prison for Wire FraudRead the Press Release
A Cedar Falls office manager who stole approximately $250,000 in a two-year period was sentenced on May 2, 2024, to over two years in federal prison. Teresa Mae Chiappone, formerly known as Teresa Mae Combs, Teresa Mae Hughes, and Teresa Mae King, age 57, from Waterloo, Iowa, received the prison term after a September 19, 2023 guilty plea to one count of wire fraud.
At the guilty plea and sentencing hearings, Chiappone admitted she had worked as the office manager for a Cedar Falls small business since 2014. Between September 2020 and September 2022, Chiappone embezzled approximately $250,000 from the small business. Chiappone abused her position of trust at the small business to write over $160,000 in unauthorized checks drawn on the small business’s bank account for her own benefit. Chiappone also intercepted at least $50,000 in cash deposits, and she made no less than $3,000 in unauthorized credit card charges. Chiappone gambled away thousands of the small business’s moneys at Iowa casinos. As a result of the fraud, the small business had to take out a loan to cover its losses, contract with a local accounting firm to conduct a forensic audit, and max out its line of credit at a local bank.
Chiappone was sentenced in Cedar Rapids by United States District Court Chief Judge C.J. Williams. Chiappone was sentenced to 27 months’ imprisonment and fined $1,000. She was ordered to make $255,639.16 in restitution to the victim and its insurance company. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Chiappone was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set. The case was prosecuted by Assistant United States Attorney Timothy L. Vavricek and investigated by the Federal Bureau of Investigation. The Cedar Falls Police Department assisted in the investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 23-CR-2047.
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Camp Administrators Reminded to Comply with the Disabilities Act This SummerRead the Press Release
CLEVELAND - To help ensure that children with disabilities receive the opportunity to attend summer camp, the U.S. Attorney’s Office for the Northern District of Ohio recently notified numerous summer camps in the region to remind them of their obligations under the Americans with Disabilities Act (“ADA”). The U.S. Attorney’s Office serves the 40 northern counties of Ohio from offices located in Cleveland, Toledo, Akron, and Youngstown.
Under the ADA, summer camps, both private and those run by municipalities, must make reasonable modifications to enable campers with disabilities to participate fully in all camp programs and activities. This means that children with disabilities are entitled to attend and participate in any camp or activity that non-disabled children attend, that camps must evaluate each child on an individual basis, and that camps must train their staff to ensure that they understand the ADA’s requirements. Camps are also obligated to pay for the cost of any reasonable modifications necessary for disabled children to participate in camp activities. Parents should not be charged any additional fee beyond standard camp enrollment costs.
“Summer camps are a wonderful way to allow children to explore their interests, discover their strengths, build confidence in their abilities, and become part of a community,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “Camp administrators in our district must afford these opportunities equally to all children, regardless of whether they have a disability, and must take the steps necessary to accommodate a disability-based need when that can be reasonably accomplished. Our district is committed to the fair and just enforcement of the ADA, and we are proud to play a pivotal role in ensuring that people with disabilities have equal access and opportunities to participate fully in our community.”
Additional information about the ADA is available at www.ada.gov, or by contacting the ADA information line at 800-514-0301 (voice) or 1-833-610-1264 (TTY). You may contact the Office of the U.S. Attorney for the Northern District of Ohio regarding ADA issues at 216-622-3600 or [email protected].
Boston Man Sentenced to More Than Three Years in Prison for Unlawful Possession of AmmunitionRead the Press Release
BOSTON – A Boston man was sentenced today for illegally possessing ammunition as a convicted felon.
Tyreek Hall, 21, was sentenced by U.S. District Court Judge Indira Talwani to 46 months in prison followed by three years of supervised release. In September 2023, Hall pleaded guilty to one count of being a felon in possession of ammunition.
In or around June 2022, Hall posed on social media with a gun. At the time of the social media post, Hall had been on parole for one week, after early release for a state conviction of assault with a dangerous weapon (a firearm). Hall is prohibited from possessing a firearm or ammunition due to a prior felony conviction. On June 9, 2022, Hall was found in possession of a 9x19mm caliber privately made Glock-style semi-automatic pistol, bearing no manufacturer serial number (commonly known as a “ghost gun”), and eight rounds of ammunition.
Acting United States Attorney Joshua S. Levy; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Brian Kyes, U.S. Marshal for the District of Massachusetts; and Boston Police Commissioner Michael Cox made the announcement today. Assistant U.S. Attorneys John Dawley and Fred Wyshak, III of the Organized Crime & Gang Unit prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Berkeley County Man Sentenced for Fentanyl ChargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Derrick Dwayne Myers, age 46, of Martinsburg, West Virginia, was sentenced today to 150 months in federal prison for possession with intent to distribute fentanyl.
According to court documents and statements made in court, Myers was selling controlled substances from a motel in Martinsburg. Investigators searched several rooms at the motel and Myers's vehicle. During the searches they located and seized fentanyl, heroin, methamphetamine, eutylone, and cash.
Myers will serve three years of supervised release following his prison sentence.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government.
The Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge Gina M. Groh presided.
Beckley Woman Pleads Guilty to Federal Theft CrimeRead the Press Release
BECKLEY, W.Va. – Jennifer Douglas, 48, of Beckley, pleaded guilty today to theft from federal programs.
According to court documents and statements made in court, in 2018, Douglas was the Chief Operating Officer (COO) of the Citizens Conservation Corp (CCC), a non-profit organization, when it obtained $111,221.09 from the United States Department of Interior National Park Service (NPS). As part of a cooperative agreement with NPS, CCC was supposed to use the funds it obtained to recruit, hire, place, and pay two interns who would perform work at the Olmsted Center for Landscape Preservation for 13 months.
Douglas admitted that CCC did not hire or place an intern under the task agreement for which it received the federal funds, most of which was to be used for intern wages. Douglas instead directed an accountant to draw down $108,752.60 of the obligated federal funds and intentionally misapplied those funds, by fraudulently converting them to CCC’s use. Douglas admitted that she directed that the federal funds be used for unallowable operating expenses for CCC. Douglas further admitted that she did so with the approval of and at the direction of CCC Chief Executive Officer Robert Martin.
Douglas ran CCC’s day-to-day operations as COO and was responsible for managing its various departments. All department heads reported to Douglas, and she reported only to Martin. CCC’s primary source of income from in or around 1998 until in or around the summer of 2018 had been a multimillion-dollar contract with the State of West Virginia to operate the Courtesy Patrol roadside assistance service. CCC lost the Courtesy Patrol contract in the summer of 2018.
Douglas admitted that she was aware that CCC was extremely financially unstable after CCC lost the Courtesy Patrol contract. Douglas further admitted that her position as COO gave her, in conjunction with and at the direction of Martin, the ability to fraudulently convert and intentionally misapply the federal funds for CCC’s use. Douglas also admitted that, at Martin’s direction, she drew down approximately $59,978.13 from other incomplete task agreements under the cooperative agreement with NPS and intentionally misapplied and/or fraudulently converted those funds as well.
Douglas is scheduled to be sentenced on August 30, 2024, and faces a maximum penalty of 10 years in prison, three years of supervised release, and a $250,000 fine. Douglas also owes $168,729.13 in restitution.
Martin, 67, of Beckley, pleaded guilty on January 12, 2024, to fraudulent receipt of property from a debtor. Martin admitted to paying himself without authorization while CEO of CCC after it filed for bankruptcy on April 3, 2019. Martin further admitted that CCC knowingly misspent the $108,752.60 received from NPS under the cooperative agreement. Martin awaits sentencing.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI) and the U.S. Department of Interior-Office of Inspector General (DOI-OIG).
United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorneys Holly Wilson and Andrew D. Isabell 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. 5:23-cr-141.
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Bangor Man Sentenced to 3 Years for Being a Felon in Possession of a Firearm and AmmunitionRead the Press Release
BANGOR, Maine: A Bangor man was sentenced today in U.S. District Court in Bangor to being a felon in possession of a firearm and ammunition.
U.S. District Judge John A. Woodcock, Jr. sentenced Toman Caudill, 31, to 36 months in prison followed by three years of supervised release. Caudill pleaded guilty January 17, 2024.
According to court records, in September 2023, officers with the Bangor Police Department responded to a report that a male had fired a handgun in a residential area. A bystander directed officers to Caudill, and he was taken into custody when officers found a box of 9mm ammunition in his backpack. Further investigation revealed that Caudill had discharged a Ruger 9mm pistol and then handed the firearm to his fiancée as officers approached. Caudill stated that he had fired the gun due to an altercation with another male. The Ruger 9mm pistol was recovered and seized, as was the ammunition from Caudill’s backpack.
Caudill is prohibited from possessing a firearm or ammunition due to multiple prior felony convictions.
The Bangor Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.
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Attorney General Merrick Garland Visits the Western District of North CarolinaRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Dena J. King was honored to host U.S. Attorney General Merrick Garland for a visit to the U.S. Attorney’s Office in the Western District of North Carolina (WDNC). AG Garland was accompanied by Deputy Attorney General Lisa Monaco.
Earlier today, AG Garland delivered remarks at the memorial service for slain Deputy U.S. Marshal Thomas M. “Tommy” Weeks Jr., who was fatally shot by a wanted fugitive on April 29.
During their visit to WDNC, AG Garland and Deputy AG Monaco met with U.S. Attorney King, her leadership team, as well as prosecutors and professional staff of the U.S. Attorney’s Office. In his remarks to the Office, AG Garland discussed Department of Justice priorities, and thanked everyone for their service, dedication and hard work to uphold the rule of law, protect civil rights, and enhance public safety. AG Garland and Deputy AG Monaco fielded questions from the Office about efforts to support Assistant U.S. Attorneys and personnel to pursue significant cases for prosecution and address public safety challenges
“I was incredibly honored to host AG Garland and Deputy AG Monaco,” said U.S. Attorney King. “The last few days have been incredibly difficult for our Office and we all welcomed AG Garland’s words of support and encouragement. As public servants, we remain steadfast in our mission to protect those we serve and advance the cause of justice for communities across the Western District of North Carolina.”
For more information about the U.S. Attorney’s Office, and important programs and initiatives please visit: https://www.justice.gov/usao-wdnc.
Associate of Violent Gang Sentenced to More Than Four Years in Prison for Drug ConspiracyRead the Press Release
BOSTON – An associate of the violent Boston gang Cameron Street was sentenced today in federal court in Boston for drug trafficking.
Michael Lopes, a/k/a “Meech,” 35, of Pawtucket, R.I., was sentenced by U.S. Senior District Court Judge William G. Young to 57 months in prison followed by three years supervised release. In February 2024, Lopes pleaded guilty to a one-count Superseding Information charging him with conspiracy to distribute and possess with intent to distribute cocaine, cocaine base and methamphetamine.
During a two-year long investigation into Cameron Street, it was determined that Lopes allegedly conspired with his cousin Anthony Centeio – the alleged leader of Cameron Street – and others to distribute cocaine, cocaine base and methamphetamine. Lopes and, allegedly, Centeio made several sales of cocaine and cocaine base to a cooperating witness in Boston, Braintree and Pawtucket, R.I. A search of Lopes’ Rhode Island residence in April 2022 resulted in the recovery of approximately 174 grams of cocaine base, 215 grams of cocaine and 180 grams of methamphetamine, packaging materials and $2,342 in cash.
Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Boston Police Commissioner Michael Cox made the announcement today. Valuable assistance was provided by the Massachusetts State Police; Suffolk County Sheriff’s Office; Suffolk, Plymouth, Norfolk and Bristol County District Attorney’s Offices; and the Canton, Quincy, Randolph, Somerville, Brockton, Malden, Stoughton, Rehoboth and Pawtucket (R.I.) Police Departments. Assistant U.S. Attorneys Christopher Pohl and Charles Dell’Anno of the Criminal Division prosecuted the case.This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging document are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.
Antrim Man Sentenced to 18 Months in Federal Prison for Faking a Disability to Illegally Obtain over $660,000 in Veterans BenefitsRead the Press Release
CONCORD – An Antrim man was sentenced today in federal court for faking a mobility impairment to obtain $662,871.77 in veteran’s disability benefits that he was not entitled to, U.S. Attorney Jane E. Young announces.
Christopher Stultz, 49, was sentenced by U.S. District Court Judge Joseph N. Laplante to 18 months in prison and 3 years of supervised release. Stultz was also ordered to pay $662,871.77 in restitution. On January 25, 2024, Stultz pleaded guilty to making false statements.
“This is one of the most egregious benefits fraud cases ever prosecuted in this state,” said U.S. Attorney Young. “The defendant lied to the VA for 20 years to obtain disability benefits he was not entitled to. He stole not only from taxpayers, but also his fellow veterans who were entitled to the benefits. Today’s sentence shows that the consequence of stealing from programs that support our veterans is federal prison.”
“Today’s sentencing holds this defendant accountable for faking injuries that resulted in him receiving hundreds of thousands of dollars in VA disability compensation that he did not deserve,” said Christopher Algieri, Special Agent in Charge of the U.S. Department of Veterans Affairs Office of Inspector General’s Northeast Field Office. “The VA OIG is committed to investigating anyone who exploits these critical programs for financial gain.”
Stultz joined the U.S. Navy in 1995 and was injured the following year after falling off a horse. He performed light duties afterward and was discharged in 1999. He was initially rated as partly disabled by the U.S. Department of Veteran Affairs (VA), but in 2003 began falsely claiming that he could no longer use both his feet. Based on that claim, the VA rated the defendant as 100% disabled, increasing his monthly benefits. In addition, because the VA believed Stultz was unable to use his feet, he was also awarded almost $190,000 in funding through the VA’s Automobile Adaptive Equipment program to purchase special cars and vehicle adaptations designed to help mobility-impaired veterans. Stultz never used the special cars and instead sold them for cash.
After a concerned citizen reported potential fraud, Stultz was surveilled on multiple occasions and recorded walking without impairment. For example, on October 28, 2021, Stultz went to the VA Medical Center in Jamaica Plain in Boston. He used a wheelchair while inside the VA facility. After leaving the VA, he stood up, lifted the wheelchair into his car, and drove off to a shopping mall. There, Stultz walked without impairment through multiple stores. Similarly, on October 3, 2022, Stultz went to the VA Medical Center in Manchester. Again, he used a wheelchair while inside the VA facility. After leaving the VA facility, Stultz drove to the Mall of New Hampshire and was recorded walking without impairment through multiple stores. In addition, multiple witnesses reported that they had never known Stultz to use a wheelchair or other ambulatory devices as far back as the early 2000s.
The Department of Veterans Affairs’ Office of the Inspector General led the investigation. Assistant U.S. Attorney Alexander S. Chen prosecuted the case.
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5개 연방 부처가 법무부에 합류하여 시민권법 수호 및 환경 정의 증진을 위한 공동의 약속을 재확인합니다Read the Press Release
법무부 시민권 부서와 보건복지부(HHS) 민권국, 교통부(DOT) 민권국, 환경보호청(EPA) 대외시민권준수국, 국토안보부(DHS) 시민권 및 시민자유국, 주택도시개발부(HUD) 공정주택 및 기회균등국은 오늘 미국 전역 공동체에서 시민권법을 준수하고 환경 정의를 증진하기 위한 공동의 의지를 재확인했습니다.
법무부 시민권국의 크리스틴 클라크(Kristen Clarke) 법무부 차관보가 전하는 말입니다. "법무부는 미국의 환경 인종차별과 유색인종 공동체에 대한 투자 부족 같은 과거의 행동을 해결하고자 연방 시민권법의 온전한 집행에 최선을 다하고 있습니다." "2021년부터 우리는 연방 정부 전반에 걸쳐 이러한 중요한 집행 노력을 조정하기 위해 더욱 노력해 왔으며, 수혜자들이 수십억 달러의 새로운 인프라 보조금을 활용할 수 있게 된 것과 같이 앞으로도 계속 노력을 기울일 것입니다. 우리는 우리나라의 환경 정의를 위한 지속적인 투쟁에서 범정부적인 접근 방식을 계속 추진할 것입니다."
"환경 보호국은 수십 년 동안 EPA의 발전으로 인한 혜택을 충분히 받지 못한 전국의 공동체를 위해 정의, 형평성, 시민권을 통합하는 데 사명을 집중하고 있습니다. EPA의 환경 정의 및 외부 시민권 사무소의 프로그램 이행 담당 부차관보 마리안 엥겔만-라도(Marianne Engelman-Lado)가 전하는 말입니다. "우리는 환경 불의를 해결하기 위해 시민권을 집행하는 데 전념하고 있습니다." "시민권을 전략 계획과 일상 업무의 구조에 통합하는 것부터, 이 중요한 업무를 위한 자금과 인력을 늘리는 것까지, EPA는 계속해서 시민권 집행 프로그램을 강화할 것입니다."
HHS 민권국의 멜라니 폰테스 레이너(Melanie Fontes Rainer) 국장이 전하는 말입니다. "환경 정의는 공중 보건 문제이며, 우리의 민권법은 인종이나 사는 곳과 관계없이 모든 공동체의 환경 위험으로부터의 안전 및 자유를 보장해야 합니다." "안타깝게도 유색인종 커뮤니티는 역사적으로 환경적 불의의 대상이 되어 왔으며, 차별이 없도록 법을 집행하는 연방 정부의 전폭적인 관심을 받을 자격이 있습니다."
교통부 민권국의 아이린 매리언(Irene Marion) 국장이 전하는 말입니다. "교통은 사람과 물품을 이동하는 것 외에도 개인 및 환경 보건에 중요한 역할을 합니다." "우리나라의 교통 인프라는 공유 자산이지만, 역사적으로 모든 공동체가 그 장점과 혜택을 충분히 누리지 못했습니다. 교통부는 안전하고 효율적이며 모두가 이용할 수 있는 교통 시스템을 보장하기 위해 권한과 자원을 활용하여 이 과정을 바로잡기 위해 최선을 다하고 있습니다."
DHS 민권 및 시민 자유 사무소의 쇼바 시바프라사드 와디아(Shoba Sivaprasad Wadhia) 담당관이 전하는 말입니다. "환경 정의의 진전은 교육, 기술 지원, 오랜 민권법의 강력한 집행을 통해 이루어질 수 있습니다." "우리는 환경 정의를 실현하기 위해 수혜자 및 공동체와 협력하기 위해 최선을 다하고 있습니다."
HUD의 공정 주택 및 기회 균등 사무국의 수석 차관보 데메트리아 맥케인(Demetria McCain)이 전하는 말입니다. "주택도시개발부는 환경 정의를 증진하는 공정 주택 및 민권법을 시행하여 모든 이웃과 공동체가 건강하고 안전하며 주민들이 번영할 수 있는 회복력이 좋은 곳이 되도록 최선을 다하고 있습니다." "보호받는 계층이 불균형적으로 환경적 위험 부담을 너무 오랫동안 짊어져서는 안 됩니다."
이 성명서에서 기관들은 1964년 시민권법 제6조를 포함한 모든 관련 시민권법을 적극적으로 활용하여 환경 정의를 증진하고 주, 영토, 지방 정부 및 연방 기금을 받는 기타 모든 기관과 적극적으로 협력하여 이러한 중요한 법률을 준수하겠다는 약속을 재확인했습니다. 또한 공동 성명서는 시민권 의무가 연방, 주, 자치지역 및 지역 환경법 준수 의무를 포함하여 수혜자의 다른 의무와는 별도이며 분명하게 구분되는 의무라는 점을 상기시킵니다. 시민권을 유지하고 보호하기 위한 시민권 부서의 업무에 대한 자세한 정보는 다음 링크에서 확인할 수 있습니다: justice.gov/crt. 차별적 관행에 대한 불만은 다음 인터넷 신고 포털을 통해 시민권 부서에 신고할 수 있습니다: civilrights.justice.gov.
2 defendants sentenced to prison for aiding & abetting armed robberies of mail carriersRead the Press Release
COLUMBUS, Ohio – Two Columbus men were sentenced in U.S. District Court for their roles in aiding the armed robberies of postal carriers.
Cody N. Beasley, 23, also known as “Drose,” was sentenced in federal court today to 76 months in prison. Kenan M. Lay, 21, also known as “Swerv,” was sentenced on April 19 to 66 months in prison.
“These sentences illustrate that we will continue to take seriously offenses committed against postal carriers. Even if you are not the person holding the gun or directly committing the robbery, we will hold you accountable for your role in the crime and work to ensure that you face time in federal prison like Beasley and Lay. Trust me, serving any amount of time in prison is just not worth it.” said U.S. Attorney Kenneth L. Parker.
According to Lay’s court documents, on May 11, 2023, Lay provided the 9mm handgun used in the armed robbery of an elderly female postal worker at a post office on West Broad Street. Coconspirators paid Lay $100 for the use of his gun and kept Lay updated on the progress of the crime. Lay’s gun was used to pistol-whip the female postal worker in the head.
According to Beasley’s court documents, on April 4 at 3:20pm, two coconspirators robbed at gunpoint a USPS letter carrier who was sitting in his work vehicle on Sawmill Road in Dublin. Beasley directed the April 4 armed robbery and paid the coconspirators $500 for committing the robbery as planned.
Beasley also admitted to stealing a postal key in March 2023 in the Cleveland area. He and a coconspirator were stopped for a traffic violation in Parma Heights and fled from law enforcement. Officers eventually detained the men and searched the vehicle they had been using, discovering a black trash bag with numerous pieces of mail that had not yet been postmarked. A cell phone search also revealed pictures of stolen checks and research about 38 Post Offices and blue USPS collection boxes in Cleveland. While Beasley and the coconspirator were detained in jail together for the crimes in the Northern District of Ohio, Beasley began planning for the new postal robbery in Dublin.
Beasley and Lay are two of seven total defendants charged in their cases. More than a dozen other defendants have been charged in the Southern District of Ohio in the past two years with crimes related to postal robberies.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; and Lesley C. Allison, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Pittsburgh Division; announced the sentences imposed by Chief U.S. District Judge Algenon L. Marbley and U.S. District Judge Edmund A. Sargus, Jr. Assistant United States Attorneys Noah R. Litton and Elizabeth A. Geraghty are representing the United States in Beasley’s case and Assistant U.S. Attorney Litton is also prosecuting Lay’s case.
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Sunday 5 May 2024
Justice Department Strengthens Efforts, Builds Partnerships to Address the Crisis of Missing or Murdered Indigenous PersonsRead the Press Release
BAY CITY – The Justice Department joins 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.
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.”
“For too long, our Missing and Murdered Indigenous victims were unseen by policymakers and law enforcement, but our office is committed to doing better to ensure that the lives of these victims and their families remain visible as we work to improve the federal response to these cases, “said U.S. Attorney Dawn N. Ison. “We are steadfast in our commitment to holding accountable those who are perpetrating violence in our Tribal communities.”
“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 DEA Administrator Anne Milgram. “We know that no community has been spared from these deadly threats and we are committed to keeping Tribal communities safe.”
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 10 attorneys and coordinators in five designated regions across the United States to aid in the prevention and response to missing or murdered Indigenous people. The five regions include the Northwest, Southwest, Great Plains, Great Lakes, and Southeast Regions.
The MMIP Regional Outreach 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’s recommendations on how to combat the missing or murdered Indigenous peoples (MMIP) and human trafficking crisis. 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.
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 abuse; drug trafficking; and labor and sex trafficking—can influence the rates of missing AI/AN persons.
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.
Accessing Department of Justice 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 Department of Justice’s efforts to address the MMIP crisis, please visit the Missing or Murdered Indigenous Persons section of the Tribal Safety and Justice website.
If you or someone you know has information about missing or murdered Indigenous persons in Michigan, please contact the FBI Detroit Field Office by calling (313) 965-2323, or click here for more information about reporting or identifying missing persons.
If you have questions about the MMIP program, please contact the Great Lakes Regional MMIP program coordinator Joel Postma by calling 616-808-2113
Saturday 4 May 2024
United States Attorney’s Office Joins in Recognizing Missing or Murdered Indigenous Persons Awareness DayRead the Press Release
Spokane, Washington - U.S. Attorney Vanessa R. Waldref announced today that she will join with Federal, State, Local, and Tribal leaders in recognizing May 5, 2024, as Missing or Murdered Indigenous Persons Awareness Day. In doing so, U.S. Attorney Waldref called on all citizens and residents in Eastern Washington to support Tribal governments and Tribal communities’ efforts to increase awareness of missing or murdered Indigenous people.
The U.S. Attorney’s Office for the Eastern District of Washington fully supports efforts to reduce violence and bring awareness to this important issue. As part of our efforts in this important cause, the Eastern District recently welcomed Bree R. Blackhorse as an Assistant United States Attorney dedicated to prosecuting cases involving Missing or Murdered Indigenous People (MMIP), in connection with the Justice Department’s MMIP regional program. AUSA Black Horse will work out of our Yakima Office, but she will serve throughout the Northwest Region – including in Washington, Oregon, Montana, Idaho, and California.
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.”
“Today is set aside to recognize and increase awareness of missing or murdered Indigenous people. To address this crisis, every day we are committed to reducing violence on Native American reservations, achieving justice on behalf of victims, and supporting members of our Tribal communities overcome centuries of generational trauma, impacted by violence and displacement,
,” stated U.S. Attorney Waldref. Consistent with this increased focus, the U.S. Attorney’s Office for the Eastern Washington continues to work diligently to support Native American communities and address the root causes of the MMIP crisis.
In July of 2023, for example, U.S. Attorney Vanessa Waldref–alongside co-hosts from the Justice Department’s Environment and Natural Resources Division (ENRD), the Office of Environmental Justice, and the Office of Tribal Justice – hosted Tribes from across the Northwest Region of the United States at a joint federal and Tribal Summit in Spokane, Washington focused on defending and strengthening Tribal homelands, climate adaptation, resilience and environmental justice. The purpose of the summit was to work with Tribal governments and other federal agencies to find “ways to address and incorporate Tribal concerns into the Department’s enforcement work.”
In October 2023, First Assistant Richard Baker met with the representatives of the Colville Trial Court, Prosecutor, Public Defender, Probation and Public Health Departments to discuss the MMIP Regional Program and public safety on the Colville Reservation.
In November 2023, U.S. Attorney Waldref and her First Assistant, Richard Barker, joined Federal, State, and Tribal law enforcement, community leaders, other stakeholders, and victims at the Washington State Missing and Murdered Indigenous Women and People Task Force’s Second Annual Summit. During the Summit, U.S. Attorney Waldref addressed the group and provided an update on federal efforts to address the MMIP crisis.
U.S. Attorney Waldref testified in December 2023 before the United States Senate Committee on Indian Affairs about the growing fentanyl crisis in Native Communities, which is an underlying cause of the MMIP crisis. When asked during the hearing about examples of success in combating the fentanyl crisis in Native communities, U.S. Attorney Waldref highlighted a case where more than 100 pounds of illegal drugs, including 161,000 fentanyl-laced pills were seized. A significant portion of the drugs seized were believed to be destined for the Confederated Tribes of the Colville Reservation, as well as for other Native American communities and surrounding areas in Washington and Montana.
Also in December 2023, U.S. Attorney Waldref, First Assistant Barker, Branch Manager Tom Hanlon, and AUSA Black Horse attended the ribbon cutting for a new Multi-Purpose Justice Center on the Yakama Nation. The center is the result of an incredible vision by the Yakama Nation for a consolidated facility that combines all the criminal justice programs at a single location. In 2019, The Department of Justice contributed funds to help make the vision a reality.
In January 2024, U.S. Attorney Waldref, alongside members of her office, and members of the Drug Enforcement Administration, met with Spokane Tribal communities regarding the dangers of Fentanyl.
In March 2024, U.S. Attorney Waldref and First Assistant Barker met with representatives and students at Whitman College for a round table discussion regarding MMIP and Fentanyl Awareness.
“I am grateful for the strong partnerships we have with the incredible leaders and community stakeholders from the tribes in the Eastern District of Washington. My office will continue to address the root causes underlying the MMIP crisis: fentanyl, domestic violence, child abuse, illegal possession and use of firearms, illegal narcotics, and human trafficking,” stated U.S. Attorney Waldref. “The appointment of an Assistant United States Attorney dedicated to prosecuting MMIP cases in the Northwest Region, demonstrates the DOJ’s commitment to bring justice for the victims of this crisis and ensuring the safety and security of all indigenous people in the Northwest.”
“FBI Seattle is not only committed to building relationships with the 29 federally recognized tribes in Washington state, but also with our other law enforcement and community partners,” said Richard A. Collodi, Special Agent in Charge of the FBI Seattle field office. “When the FBI is called to investigate an MMIP case, we want to ensure trust with the community is already established so people feel comfortable providing us the information we need to bring justice for the victims. While every case is different, the one characteristic is always true: every victim leaves a space in that community which cannot be filled. They have friends and family who want them to come home safely, and their community wants accountability. We recognize the process can be lengthy and frustrating, but we assure everyone we serve the FBI and our partners are doing everything we can, and we will never stop pursuing justice for victims, no matter how long it takes.”
Representative examples of MMIP cases prosecuted by the United States Attorney’s Office include the following:
- October 2018 homicide of Yakama Tribal member Rosenda Strong. 5 defendants were charged with crimes ranging from accessory after the fact, murder, and kidnapping resulting in death.
- October 2022 double murder on the Colville Indian Reservation involving enrolled members of the Coville and Kalispel tribe. Following the murder, the suspected attempted to kill a federal officer.
- October 2022 indictment of Steven Zacherle for a murder of a member of the Colville Tribe. Zacherle also allegedly harassed, threatened and assaulted his domestic partner before and after the murder.
- June 29, 2023 sentencing of Andre Pierre Picard to 5 years in prison for selling drugs linked to an overdose death of a woman on the Colville Indian Reservation
- September 2023 sentencing of Dylan Swan for kidnapping, robbery and shooting of multiple Tribal members on the Colville Indian Reservation and in Spokane, Washington.
- March 27, 2024 sentencing of Sundron Larsell Miller and Paula Eulojia Cantu-Lopez to decades in federal prison for violent carjacking and assault on the Yakama Nation.
- April 2, 2024 sentencing of Silaz Elijah James to 20 years in Federal Prison for a murder and assault in Toppenish, Washington.
- April 9, 2024 guilty verdict of 40-year-old Marvin Samson Butterfly. Butterfly was found guilty of assaulting and suffocating his partner, as well as Attempted Witness Tampering.
If you or someone you know has information about a missing or murdered Indigenous person, please contact the FBI Seattle Field Office by calling (206) 622-0460 or by visiting tips.fbi.gov. To learn more about the Department of Justice’s efforts to combat the MMIP crisis, click here.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Friday 3 May 2024
Yvette Wang Pleads Guilty to over $1 Billion Fraud ConspiracyRead the Press Release
U.S. Attorney Damian Williams said: “Yvette Wang played a leadership role in a broad and complex scheme to defraud thousands. Through false promises and lies, this scheme collected more than $1 billion from innocent victims located throughout the country and the world. Wang inflicted pain and loss on so many, and she will now be held to account for the harm she and others caused. I want to thank our partners in the FBI and the career prosecutors of this Office for their persistent work investigating and prosecuting this pernicious scheme.”
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WANG, 45, of New York, New York, pled guilty to one count of conspiracy to commit wire fraud and one count of conspiracy to commit money laundering, which together carry a maximum term of 10 years in prison. As part of her guilty plea, WANG agreed to pay restitution of $1,400,000,000 and to forfeit $1,400,000,000 to the United States.
The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge. WANG will be sentenced on September 10, 2024, at 11:00 a.m. by U.S. District Judge Analisa Torres.
Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation.
The case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Micah F. Fergenson, Ryan B. Finkel, Justin Horton, and Juliana N. Murray are in charge of the prosecution.
West Virginia Ambulance Services Business Owner Convicted of Tax CrimesRead the Press Release
A federal jury in Beckley, West Virginia, convicted a man yesterday for failing to pay the taxes withheld from employees’ wages at an ambulance service he operated and for obstructing the IRS.
According to evidence presented at trial, from 2012 through part of 2017, Christopher Jason Smyth operated Stat EMS LLC, an ambulance service located in Pineville, West Virginia. Smyth created Stat EMS after a previous ambulance business Smyth operated accrued millions of dollars of employment tax liabilities and filed for bankruptcy. Smyth caused Stat EMS to be founded in the name of a nominee owner but continued operating the business in the same manner as before.
At Stat EMS, Smyth was responsible for withholding Social Security, Medicare and income taxes from employees’ wages and paying them to the IRS. For two quarters in 2016, Smyth, however, did not fully pay the taxes to the IRS. Instead, he paid various personal expenses and transferred funds to businesses held by his friends and family. The IRS determined that Stat EMS accrued approximately $3.3 million in unpaid taxes.
Eventually, the IRS assessed the unpaid taxes against Smyth personally and attempted to collect those from him. When interviewed by an IRS revenue officer attempting to collect Smyth’s unpaid tax debts, Smyth stated that he had no personal bank accounts and denied that he used anyone else’s. In reality, however, he regularly deposited his paychecks into an account in a relative’s name. He also attempted to mislead the revenue officer by representing that he had nothing to do with several other businesses, even though he had signature authority over their bank accounts.
The jury found Smyth guilty of two counts of failing to pay over taxes for two quarters in 2016 and one count of obstructing the IRS related to its efforts to collect the unpaid taxes from Smyth. It found Smyth not guilty on the failure to pay over taxes counts related to two quarters in 2017. Smyth is scheduled to be sentenced on Sept. 4 and faces up to up to five years in prison for each failure to pay taxes count and three years in prison for obstructing the IRS. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney William S. Thompson for the Southern District of West Virginia made the announcement.
IRS Criminal Investigation investigated the case.
Assistant Chief David Zisserson, Trial Attorneys Kavitha Bondada and Andrew Ascencio of the Tax Division, and Assistant U.S. Attorney Erik Goes for the Southern District of West Virginia, prosecuted the case.
West Virginia Ambulance Services Business Owner Convicted of Tax CrimesRead the Press Release
BECKLEY, W.Va. – After four days of trial, a federal jury convicted Christopher Jason Smyth, 48, of Pineville, on Thursday, May 2, 2024, for failing to pay the taxes withheld from employees’ wages at an ambulance service he operated and for obstructing the IRS.
According to evidence presented at trial, from 2012 through part of 2017, Smyth operated Stat EMS, LLC, an ambulance service located in Pineville, West Virginia. Smyth created Stat EMS after a previous ambulance business Smyth operated accrued millions of dollars of employment tax liabilities and filed for bankruptcy. Smyth caused Stat EMS to be founded in the name of a nominee owner but continued operating the business in the same manner as before.
At Stat EMS, Smyth was responsible for withholding Social Security, Medicare, and income taxes from employees’ wages and paying them to the IRS. For two quarters in 2016, Smyth, however, did not fully pay the taxes to the IRS. Instead, he paid various personal expenses and transferred funds to businesses held by his friends and family. The IRS determined that Stat EMS accrued approximately $3.3 million in unpaid taxes.
Eventually, the IRS assessed the unpaid taxes against Smyth personally and attempted to collect those from him. When interviewed by an IRS revenue officer attempting to collect Smyth’s unpaid tax debts, Smyth stated that he had no personal bank accounts and denied that he used anyone else’s. In reality, however, he regularly deposited his paychecks into an account in a relative’s name. He also attempted to mislead the revenue officer by representing that he had nothing to do with several other businesses, even though he had signature authority over their bank accounts.
The jury found Smyth guilty of two counts of failing to pay over taxes for two quarters in 2016 and one count of obstructing the IRS related to its efforts to collect the unpaid taxes from Smyth. It found Smyth not guilty on the failure to pay over taxes counts related to two quarters in 2017. Smyth is scheduled to be sentenced on September 4 and faces up to up to five years in prison for each failure to pay taxes count and three years in prison for obstructing the IRS. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Will Thompson for the Southern District of West Virginia made the announcement.
IRS Criminal Investigation investigated the case.
Assistant Chief David Zisserson, and Trial Attorneys Kavitha Bondada and Andrew Ascencio of the Tax Division, along with Assistant U.S. Attorney Erik Goes of the Southern District of West Virginia, prosecuted the case.
United States District Judge Frank W. Volk presided over the jury trial.
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. 5:22-cr-182.
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West Virginia Ambulance Services Business Owner Convicted of Tax CrimesRead the Press Release
BECKLEY, W.Va. – After four days of trial, a federal jury convicted Christopher Jason Smyth, 48, of Pineville, on Thursday, May 2, 2024, for failing to pay the taxes withheld from employees’ wages at an ambulance service he operated and for obstructing the IRS.
According to evidence presented at trial, from 2012 through part of 2017, Smyth operated Stat EMS, LLC, an ambulance service located in Pineville, West Virginia. Smyth created Stat EMS after a previous ambulance business Smyth operated accrued millions of dollars of employment tax liabilities and filed for bankruptcy. Smyth caused Stat EMS to be founded in the name of a nominee owner but continued operating the business in the same manner as before.
At Stat EMS, Smyth was responsible for withholding Social Security, Medicare, and income taxes from employees’ wages and paying them to the IRS. For two quarters in 2016, Smyth, however, did not fully pay the taxes to the IRS. Instead, he paid various personal expenses and transferred funds to businesses held by his friends and family. The IRS determined that Stat EMS accrued approximately $3.3 million in unpaid taxes.
Eventually, the IRS assessed the unpaid taxes against Smyth personally and attempted to collect those from him. When interviewed by an IRS revenue officer attempting to collect Smyth’s unpaid tax debts, Smyth stated that he had no personal bank accounts and denied that he used anyone else’s. In reality, however, he regularly deposited his paychecks into an account in a relative’s name. He also attempted to mislead the revenue officer by representing that he had nothing to do with several other businesses, even though he had signature authority over their bank accounts.
The jury found Smyth guilty of two counts of failing to pay over taxes for two quarters in 2016 and one count of obstructing the IRS related to its efforts to collect the unpaid taxes from Smyth. It found Smyth not guilty on the failure to pay over taxes counts related to two quarters in 2017. Smyth is scheduled to be sentenced on September 4 and faces up to up to five years in prison for each failure to pay taxes count and three years in prison for obstructing the IRS. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Will Thompson for the Southern District of West Virginia made the announcement.
IRS Criminal Investigation investigated the case.
Assistant Chief David Zisserson, and Trial Attorneys Kavitha Bondada and Andrew Ascencio of the Tax Division, along with Assistant U.S. Attorney Erik Goes of the Southern District of West Virginia, prosecuted the case.
United States District Judge Frank W. Volk presided over the jury trial.
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. 5:22-cr-182.
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Violent criminals sentenced to federal prison for 2020 crime spreeRead the Press Release
SHERMAN, Texas – Three men were sentenced yesterday by Judge Jeremy Kernodle to federal prison for violent crimes committed in Grayson and Tarrant Counties, announced U.S. Attorney Damien M. Diggs.
According to information presented in court, on Oct. 3, 2020, Brian Deboris Black, 33, Jason Von Brown, 44, and Kenneth Holt, 44, robbed a Dollar General store in Tom Bean, Texas. During the robbery, Black brandished a firearm and threatened to kill the three employees in the store if they did not comply with his demands. As Black exited the store, he pointed the firearm at individuals standing outside the door of the convenience store, threatening to shoot them as well.
On Oct. 13, 2020, Black and Brown committed a home invasion robbery in Mansfield, Texas. They entered the home at gunpoint, kidnapped three family members and restrained them with zip ties, and demanded money while threatening to kill them if they did not comply. Black shot the homeowners’ son in the stomach and his right arm after he was able to free himself from the zip ties. The victim, who testified at trial, survived the shooting but sustained permanent injuries. During the investigation, it was determined that Brandol Abram, 42, orchestrated the entire home invasion based on his belief that the family was in possession of $10 million at their residence.
Black proceeded to trial on May 16, 2023. Co-defendant testimony, DNA, home security video, and cell phone analysis were instrumental in securing Black’s conviction for robbery, carrying a firearm during a crime of violence, and kidnapping. Black was sentenced to 489 months.
Brown pleaded guilty to conspiracy to commit kidnapping and aiding and abetting and was sentenced to 180 months.
Abram pleaded guilty to conspiracy to commit kidnapping and aiding and abetting and was sentenced to 200 months.
Holt pleaded guilty to his role in the conspiracy to rob the Dollar General and was sentenced to 96 months on October 25, 2022.
Restitution was ordered to be paid to the victims of the offenses.
“The commission of violent crimes such as these—threatening, shooting, and injuring innocent people will not be tolerated,” said U.S. Attorney Diggs. “The sentences that these defendants received demonstrates that justice for the victims was served and our communities will be safer as a result. Black, who was the most violent member of the crew, effectively received a life sentence and ensures that he will no longer be a threat to society.”
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, 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.
This case was investigated by the FBI’s Sherman Resident Agency, Tom Bean Police Department, Whitewright Police Department, Sherman Police Department, Tarrant County Sheriff’s Office, Tarrant County Medical Examiner’s Office, and the Texas Department of Public Safety Crime Lab. This case was prosecuted by Assistant U.S. Attorney Tracey M. Batson and former Assistant U.S. Attorney Ernest Gonzalez.
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U.S. Congressman Henry Cuellar Charged with Bribery and Acting as a Foreign AgentRead the Press Release
An indictment was unsealed today in the Southern District of Texas charging U.S. Congressman Enrique Roberto “Henry” Cuellar, 68, and his wife, Imelda Cuellar, 67, both of Laredo, Texas, with participating in two schemes involving bribery, unlawful foreign influence, and money laundering. Congressman Cuellar and Imelda Cuellar made their initial court appearance today before U.S. Magistrate Judge Dena Palermo in Houston.
According to court documents, beginning in at least December 2014 and continuing through at least November 2021, Congressman Cuellar and Imelda Cuellar allegedly accepted approximately $600,000 in bribes from two foreign entities: an oil and gas company wholly owned and controlled by the Government of Azerbaijan, and a bank headquartered in Mexico City. The bribe payments were allegedly laundered, pursuant to sham consulting contracts, through a series of front companies and middlemen into shell companies owned by Imelda Cuellar, who performed little to no legitimate work under the contracts. In exchange for the bribes paid by the Azerbaijani oil and gas company, Congressman Cuellar allegedly agreed to use his office to influence U.S. foreign policy in favor of Azerbaijan. In exchange for the bribes paid by the Mexican bank, Congressman Cuellar allegedly agreed to influence legislative activity and to advise and pressure high-ranking U.S. Executive Branch officials regarding measures beneficial to the bank.
Congressman Cuellar and Imelda Cuellar are each charged with the following offenses, and if convicted, face maximum penalties as indicated: two counts of conspiracy to commit bribery of a federal official and to have a public official act as an agent of a foreign principal required to register under the Foreign Agents Registration Act (FARA), five years imprisonment on each count; two counts of bribery of a federal official, 15 years imprisonment on each count; two counts of conspiracy to commit honest services wire fraud, 20 years imprisonment on each count; two counts of violating the ban on public officials acting as agents of a foreign principal required to register under FARA, two years imprisonment on each count; one count of conspiracy to commit money laundering, 20 years imprisonment; and five counts of money laundering, 20 years imprisonment on each count.
Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; Assistant Attorney General Matthew G. Olsen, head of the Justice Department’s National Security Division; Assistant Director Michael D. Nordwall of the FBI’s Criminal Investigative Division; and Deputy Assistant Inspector General Jason Loeffler and Special Agent in Charge Chris Hileman of the Department of State Office of Inspector General (DOS-OIG) made the announcement.
The FBI and DOS-OIG investigated the case.
Acting Deputy Chief Marco A. Palmieri, Acting Deputy Chief Rosaleen O’Gara, and Trial Attorney Celia Choy of the Criminal Division’s Public Integrity Section and Trial Attorney Garrett Coyle of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney’s Office’s Collection and Enforcement Efforts Exceed $65 Million in Fiscal Year 2023Read the Press Release
LEXINGTON, Ky. – United States Attorney Carlton S. Shier, IV announced today that, in the fiscal year ending September 30, 2023, the U.S. Attorney’s Office for the Eastern District of Kentucky collected more than $42 million for crime victims and taxpayers, and obtained civil settlements totaling more than $23 million through its affirmative civil enforcement efforts.
“Our office remains dedicated to pursuing restitution for victims of crime, recovering illegally obtained funds, and protecting taxpayer dollars from fraud, waste, and abuse,” said United States Attorney Shier. “These collection and enforcement numbers demonstrate that commitment. I want to commend the dedicated personnel in our Office, for their persistent efforts to protect our citizens and safeguard the public fisc.”
In fiscal year 2023, the U.S. Attorney’s Office collected $29,691,324 through its Financial Litigation Program. This Program is responsible for collecting civil and criminal debts owed to the United States, and criminal restitution debts owed to federal crime victims who have suffered a physical injury or financial loss. While criminal restitution is paid to victims, criminal fines and assessments are paid to the Department of Justice’s Crime Victims Fund, which distributes the funds to federal and state victim compensation and victim assistance programs.
Additionally, due to successful asset forfeitures in fiscal year 2023, the U.S. Attorney’s Office secured $10,755,308 for federal law enforcement efforts, shared $2,140,829 with state and local law enforcement agencies, and restored $1,129,515 to crime victims. In asset forfeiture actions, the United States seizes money and property that were proceeds of crime or used in furtherance of a crime. Forfeited assets deposited into the Department of Justice Asset Forfeiture Fund are used for a variety of law enforcement purposes. Funds shared with state and local agencies reflect the degree of their participation in law enforcement efforts resulting in forfeiture. When money or property is forfeited by a defendant who also owes restitution, the Office can ask that the value of the forfeited property be paid to the victim to make him or her whole.
The Office’s Civil Division also protects the interests of the United States in cases involving property on which the government holds a lien. In fiscal year 2023, the Office collected $1,185,624 on behalf of taxpayers in such cases.
Finally, the U.S. Attorney’s Office’s Affirmative Civil Enforcement program obtained civil settlements valued at $23,460,815. Over $4.4 million of this amount represents civil penalties paid by healthcare providers who violated the Controlled Substances Act, a federal law that aims to protect the public’s health and safety from dangers posed by highly addictive or dangerous controlled substances that are diverted into the illicit market. The remainder of these settlements – exceeding $19 million – were obtained through enforcement of the False Claims Act, which is a federal law that imposes treble damages and penalties on those who knowingly and falsely claim money from the United States. The False Claims Act thus serves to safeguard government programs that provide health insurance, support American businesses and workers, offer disaster and other emergency relief, and provide many other critical services and benefits. The U.S. Attorney’s Office’s False Claims Act recoveries contributed to a record-breaking year for the Department of Justice, which had its highest number of False Claims Act settlements and judgments in a single year, exceeding $2.68 billion.
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U.S. Attorney’s Office staff lend support to incarcerated citizens prior to their releaseRead the Press Release
MIAMI – Approximately 100 incarcerated citizens recently attended an Institutional Re-Entry Seminar at the South Florida Reception Center, South Unit Correctional Institution in Doral, Florida, and U.S. Attorney’s Office (USAO) staff was there to help those scheduled to leave prison reintegrate more seamlessly.
The seminar, a collaboration with the South Florida Reentry Task Force, featured 15 agencies, to include social workers, probation officers and re-entry specialists. A guest speaker—formerly incarcerated himself—gave a portion of his life story, telling the soon-to-be returning citizens how he turned his life around and motivating them to do the same.
“These men need to be ready for the challenges they will face when reintegrating,” said Community Outreach Specialist Corey Mackay, Law Enforcement Coordination/Community Outreach Section (LEC/COS), USAO. “They need to use every available resource, and if they do that, they can be successful.”
USAO staff provided resource materials with hundreds of community stakeholder contacts to assist with housing, health care, legal assistance and jobs. The worst thing society can do is fail to support returning citizens when they rejoin their communities. That is when they need support the most.
“These events are one of the most important that we participate in,” said Mackay. “These men still have a lot to offer. We absolutely need to support them during their transition. We want them to succeed. If they are living in your neighborhood, would you rather they succeed or reoffend?”
“That statistic needs to change,” said LEC/COS Chief and former Police Supervisor J.D. Smith. “I always say that when our returning citizens do well, our communities do well. We need to make their success a priority, and these seminars are a step in the right direction. But we can do more, especially with housing and helping them find jobs.”
Supportive non-profit re-entry organizations offer job readiness training, vocational training, and in some cases job placement. Many of these organizations also are able to help with housing through donations, beginning with transitional housing and hopefully leading to long-term housing.
“Stability is key,” said Smith. “Imagine trying to reintegrate into a community and you don’t have stable housing. Being homeless is the wrong answer. They need to feel a sense of independence to fully embrace re-entry. And a job and a roof over their heads will give them a better chance to prosper.”
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U.S. Attorney's Office Joins in Recognizing Missing and Murdered Indigenous Persons Awareness Day and Announces Appointment of Regional MMIP CoordinatorRead the Press Release
PORTLAND, Ore.—The U.S. Attorney’s Office for the District of Oregon joins its partners across the federal government, as well as people throughout American Indian and Alaska Native communities, in recognizing May 5, 2024, as National Missing and Murdered Indigenous Persons (MMIP) Awareness Day.
The office also announced today the appointment of an MMIP Regional Coordinator based in the District of Oregon. Cedar Wilkie Gillette, who since June 2020 has served as the District of Oregon MMIP Coordinator, will now serve as regional coordinator for the Northwest Region under the Justice Department’s MMIP Regional Outreach Program. The Northwest Region includes the states of California, Hawaii, Idaho, Montana, Oregon, and Washington.
Ms. Wilkie Gillette will work alongside Ms. Bree R. Black Horse who was appointed in February 2024 in the Eastern District of Washington to serve as the MMIP Assistant U.S. Attorney for the Northwest Region.
“We are delighted that Cedar Wilkie Gillette will serve as northwest regional coordinator for the Justice Department’s MMIP Regional Outreach Program. This program is a critical next step in the department’s ongoing effort to address this crisis, which has affected tribes and communities across our region and country. Cedar is abundantly qualified for this position and we are eager for her to expand the great work she has done here in Oregon throughout the Northwest Region,” said Natalie Wight, U.S. Attorney for the District of Oregon.
“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.”
Launched in July 2023, the MMIP Regional Outreach Program permanently places 10 attorneys and coordinators in five designated regions across the United States to aid in the prevention and response to missing or murdered indigenous people. This support includes assisting in the investigation of unresolved MMIP cases and related crimes, and promoting communication, coordination, and collaboration among federal, tribal, local, and state law enforcement and non-governmental partners on MMIP issues.
The regional outreach program program prioritizes MMIP cases consistent with the Deputy Attorney General’s July 2022 directive to U.S. Attorney’s Offices promoting public safety in Indian Country and 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.
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’s recommendations on how to combat the missing or murdered indigenous peoples and human trafficking crisis.
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 Department of Justice’s efforts to address the MMIP crisis, please visit the Missing or Murdered Indigenous Persons section of the Tribal Safety and Justice website. Click here for more information about reporting or identifying missing persons.
In early 2022, the District of Oregon established an MMIP Working Group to increase multi-agency communication and collaboration in support of and response to Oregon-connected MMIP cases. The working group includes representatives from each of the nine federally recognized Tribes in Oregon, the FBI, Bureau of Indian Affairs, U.S. Department of Interior Regional Solicitor’s Office, U.S. Marshals Service, Oregon Department of Justice, Oregon State Medical Examiner’s Office, and Oregon State Police.
Prior to joining the U.S. Attorney’s Office in 2020, Ms. Wilkie Gillette served as a law fellow for Earthjustice, a nonprofit environmental law organization. She has a juris doctorate from the Vermont Law School and a bachelor’s degree in applied social justice and human rights activism from the University of Minnesota. Ms. Wilkie Gillette is an enrolled member of the Mandan, Hidatsa, and Arikara Nation and a direct descendant of the Turtle Mountain Band of Chippewa. She has conducted extensive research on indigenous human rights and environmental justice issues.
U.S. Attorney's Office Joins Nationwide Effort to Strengthen and Build Partnerships to Address the Issue of Missing or Murdered Indigenous PersonsRead the Press Release
OKLAHOMA CITY – The U.S. Attorney’s Office for the Western District of Oklahoma joins its partners across the federal government, as well as people throughout Indian country, along with American Indian and Alaska Native communities, in recognizing May 5 as National Missing or Murdered Indigenous Persons (“MMIP”) Awareness Day.
In recognition of MMIP Awareness Day, United States Attorney General Merrick B. Garland announced increased efforts to tackle Missing or Murdered Indigenous Persons cases and human trafficking in American Indian and Alaska Native communities. Additionally, plans were announced to address other pressing public safety challenges, like the distribution of fentanyl into Indian country, which exacerbates violence and addiction in already vulnerable rural 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 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.”
“Addressing crime in Indian country requires a continued, efficient, coordinated law enforcement effort from all levels,” said United States Attorney Robert J. Troester. “Our office is also working closely with tribal governments and local grassroots advocacy groups to make sure law enforcement has access to critical information regarding missing loved ones. We remain committed to work with our local, state, tribal, and federal partners to bring justice to Indian country victims and hold criminal offenders accountable.”
“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 DEA Administrator Anne Milgram. “We know that no community has been spared from these deadly threats and we are committed to keeping tribal communities safe.”
Justice Department Prioritization of MMIP Cases
Last July, the Department of Justice (“DOJ”) announced the creation of the Missing or Murdered Indigenous Persons Regional Outreach Program, which permanently places ten attorneys and coordinators in five designated regions across the United States to aid in the prevention and response to missing or murdered Indigenous people. The five regions include the Northwest, Southwest, Great Plains, Great Lakes, and Southeast Regions.
U.S. Attorney’s Office MMIP Initiative
The United States Attorneys in Oklahoma last year issued MMIP Guidelines for Oklahoma, pursuant to Savanna’s Act, which include important provisions for improving law enforcement and justice protocols and enhancing cooperation between agencies, with the goal of having a comprehensive law enforcement strategy to respond to these cases. Additionally, the Guidelines provide suggested procedures to all law enforcement for investigating missing persons cases, addressing jurisdictional concerns, registering victim protection orders into the National Crime Information Center (“NCIC”), and issuing Amber Alert, Kacey Alert, and Silver Alert notifications through the Oklahoma Highway Patrol. Efforts to utilize and update the database of missing or murdered Indigenous people, through the National Missing and Unidentified Persons System (“NamUs”), which has included active consultation with the 21 federally recognized tribal nations in the District, has been ongoing and is an important part of the overall strategy.
The MMIP Initiative in the Western District of Oklahoma prioritizes identifying and tracking MMIP cases consistent with the Deputy Attorney General’s July 2022 directive to U.S. Attorney’s Offices promoting public safety in Indian country. The program fulfills the Justice Department’s promise to dedicate personnel to address MMIP issues 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 promulgated in July 2022. In the Western District of Oklahoma, the District’s Senior Counsel for Tribal Relations, Arvo Mikkanen, and Law Enforcement Coordinator, Jim Mogren, have been working with Tribes and law enforcement to identify and track cases involving missing persons and cold-case murder investigations of tribal citizens.
Most recently, on April 27, 2024, the U.S. Attorney’s Office also participated in the “Missing in Oklahoma 2024” public event at the University of Central Oklahoma (“UCO”) Forensic Science Institute in Edmond, Oklahoma. Families and friends of missing persons attended, along with numerous law enforcement agencies from across Oklahoma. Participants were able to receive information from providers, complete a missing person report, provide additional investigative leads, enter missing persons into the NamUs database, and provide dental records, photos, and family DNA samples to compare to potential remains recovered during investigations.
Not Invisible Act Commission Response
The Justice Department’s work to respond to issues involving MMIP is a Department-wide effort. Additionally, in March, the U.S. Departments of Justice and the Interior released their joint response to the Not Invisible Act Commission’s (“NIAC”) recommendations on how to combat cases involving missing or murdered indigenous persons and human trafficking. The NIAC response, announced by Attorney General Garland during a visit to the Crow Nation in Montana, recognizes that more must be done across the federal government to resolve these complicated issues and support prompt and coordinated investigative efforts.
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 abuse; drug trafficking; and labor and sex trafficking—can influence the rates of persons going missing from Indian country.
Furthermore, fentanyl poisoning and overdose deaths are the leading cause of opioid deaths throughout the United States, including Indian country and tribal communities, where drug-related overdose death rates for Native Americans exceed the national rate.
As a result, federal law enforcement agencies are ramping up efforts to forge stronger partnerships with tribal, state, and local law enforcement agencies to address violent crime and the distribution of fentanyl into Indian country, which expose already vulnerable communities to greater harm.
A few recent examples of violent-crime and fentanyl-related prosecutions stemming from Indian country within the Western District of Oklahoma include:
- Kevin Bruce McGuire, 61, of Ardmore, was sentenced to serve life in federal prison for second degree murder in Indian country after he drove while intoxicated and caused the death of another driver in a collision. In determining the sentence, the court considered that since 1990 McGuire has had six previous felony DUI convictions.
- Dustin Ellis, 32, Pamela Payne, 40, Sierra Mandrell, 30, and Nicholas Sweeten, 27, all of Grady County, pleaded guilty for their roles in conspiring to distribute fentanyl that resulted in the death of another person within Indian country,
- Tevin Terrell Semien, 29, and Nicole Leigh Logsdon, 24, of Lawton, pleaded guilty to murder and accessory to murder, after a Native American woman’s body was found in a wildlife refuge,
- Phillip Keith Ray, 45, of Chickasha, was sentenced to serve 25 years in federal prison for killing a man with a cinder block within Indian country,
- Evander Dayle Yanito, 33, of Grady County, was sentenced to serve 10 years in federal prison for child abuse. Yanito admitted to willfully harming an infant, who was transported to a hospital after having trouble breathing.
- Caitlyn Cheyenne Downs, 24, of Stephens County, was sentenced to serve 15 years in federal prison for child abuse. Public record shows Downs failed to protect two children from physical abuse, one of whom died as a result of injuries sustained during the abuse.
Accessing Department of Justice 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 Department of Justice’s efforts to address MMIP issues, please visit the Missing or Murdered Indigenous Persons section of the DOJ Tribal Safety and Justice website.
Click here for more information about reporting or identifying missing persons.
U.S. Attorney's Office Commemorates Missing or Murdered Indigenous Persons Awareness DayRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Dena J. King and the U.S. Attorney’s Office join the Department of Justice, partners across the federal government, and people throughout American Indian and Alaska Native communities in recognizing May 5 as National Missing or Murdered Indigenous Persons (MMIP) Awareness Day.
“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.”
“Missing or Murdered Indigenous Persons Awareness Day is a time to stand with our Tribal communities in honoring and remembering the loved ones who were lost to violence or remain missing,” said U.S. Attorney King. “It is also a moment to reaffirm our commitment to continue to collaborate with our Tribal partners to enhance public safety, address the root causes of violence that disproportionately harm Tribal communities, and support crime victims, survivors, and their families.”
In recognition of MMIP Awareness Day, Attorney General Merrick B. Garland highlighted the Justice Department’s ongoing efforts to tackle the MMIP and trafficking crises in American Indian and Alaska Native communities, and other pressing public safety challenges, like the fentanyl crisis, in Tribal communities.
To commemorate MMIP Awareness Day, U.S. Attorney’s Office personnel will participate in the 5th Annual Walk and Vigil for Missing and Murdered Indigenous Relatives on Sunday, May 5, at Oconaluftee Island Park, in Cherokee.
For additional information about the Department of Justice’s efforts to address the MMIP crisis, please visit the Missing or Murdered Indigenous Persons section of the Tribal Safety and Justice website. Click here for more information about reporting or identifying missing persons.
U.S. Attorney Thompson and Law Enforcement Officials to Provide Update Regarding Largest Methamphetamine Seizure in West Virginia HistoryRead the Press Release
CHARLESTON, W.Va. – United States Attorney Will Thompson will join with law enforcement officials on Monday, May 6, 2024, at 11 a.m. to provide an update regarding the ongoing major drug trafficking prosecution involving the largest methamphetamine seizure in West Virginia history.
WHAT: Update regarding major drug trafficking prosecution (“Operation Smoke & Mirrors”)
WHEN: Monday, May 6, 2024, at 11 a.m.
WHERE: Fifth floor, Robert C. Byrd United States Courthouse, Charleston
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.
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U.S. Attorney Darcie N. McElwee Provides Statement on Illicit Marijuana Grow Operations in MaineRead the Press Release
PORTLAND, Maine: U.S. Attorney Darcie N. McElwee issued a statement today to update the community on the Office’s ongoing efforts to combat illegal marijuana grows in rural Maine:
Local law enforcement has our full support: The U.S. Attorney’s Office and multiple federal agencies, including the DEA, FBI, Homeland Security Investigations, and IRS, have been actively and directly working with local and state law enforcement partners in a coordinated response to the illegal marijuana grows operating predominantly in central Maine. Simultaneously, our Office continues to investigate individuals involved in this activity for possible federal prosecution.
Investigations are having an impact: The success of our collective efforts is already evident with 40+ operations shut down and multiple arrests made over the last several months. We expect this law enforcement action to continue until the individuals operating the illegal grows come to understand that Maine is not a safe or hospitable place for such activity. I cannot speak more highly of the collaborative and coordinated efforts that have taken place across Maine to date and the strong federal, state and local partnerships and support that exists in Maine.
Interstate distribution and potential ties to China warrant federal involvement: According to the DEA, there are currently transnational criminal organizations involved in illegal marijuana growing activities in at least 20 states. The possibility that organized criminal enterprises with alleged ties to China are using Maine properties to profit from unlicensed marijuana operations and interstate distribution makes it clear that there is need for a strong and sustained federal, state and local effort to shut down and thoroughly investigate these operations.
To date, there is no evidence of illegal immigration associated with the illicit marijuana grows: To date, we have seen no evidence of illegal U.S. border crossings into Maine by any individuals associated with these illicit grows. Rather, the individuals tending these grows in homes across central Maine who have been encountered by law enforcement have been individuals who are either U.S. citizens or lawful permanent residents living in states like New York and Massachusetts. An investigation into three Chinese nationals recently apprehended at a border crossing in northern Maine showed no connection to illegal marijuana grows.
To date, our investigation has encountered no evidence of human trafficking: Through coordination and execution of more than 40 search warrants, investigators have seen no evidence of human trafficking to date. From what we know now, the individuals working in these illicit grows appear to be doing so willingly. Human trafficking is a heinous crime that our Office takes seriously. Any evidence of human trafficking will be thoroughly investigated and if discovered, vigorously prosecuted.
Number of illicit grows: Based on information currently available to federal authorities involved, there are approximately 100 illicit marijuana grows that have been identified operating in Maine. This number has and will fluctuate as law enforcement continues to shut down the operations or those involved abandon the grows to avoid arrest or prosecution. No Maine property owner or anyone else should ever be assumed to be part of a criminal enterprise simply because of their surname or nationality.
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Two Men Sentenced for Defrauding JetBlueRead the Press Release
Earlier today, in federal court in Brooklyn, Julien Levy and Keily Nunez were sentenced by United States District Judge Pamela K. Chen to 20 and 40 months in prison, respectively, for defrauding JetBlue Airways of approximately $10 million. Levy and Nunez pleaded guilty to committing honest services wire fraud in June and July 2023, respectively.
Breon Peace, United States Attorney for the Eastern District of New York, and Ivan J. Arvelo, Special Agent-in-Charge, Homeland Security Investigations, announced the sentence.
“These defendants shamelessly lined their own pockets by diverting millions of dollars in airline part contracts to entities they controlled,” stated United States Attorney Peace. “Today’s sentence sends a clear message that those who betray the trust of their employers by disrupting marketplaces for their own personal gain will be held to account.”
Mr. Peace thanked Internal Revenue Service Criminal Investigation for their assistance with the investigation.
“The defendants abused their positions of power to orchestrate a scheme that defrauded JetBlue Airways out of millions of dollars. Levy and Nunez went as far as manipulating the identity of a deceased airline employee to circumvent the company’s policies and procedures with the sole intention of enriching themselves. Today they face the consequences of their unbound greed," said HSI New York Special Agent in Charge Ivan J. Arvelo. "I commend HSI New York and our law enforcement and private sector partners for stemming this corruption before it ultimately impacted well-meaning customers.”
Between approximately July 2017 and June 2021, Nunez and another JetBlue employee accepted bribes from Levy in exchange for approving more than $1.5 million in aircraft part invoices between JetBlue and Levy’s company, Summit Aviation Supply LLC. Nunez also accepted bribes in connection with his approval of more than $8.5 million in aircraft part invoices between JetBlue and Alaris Aerospace Systems LLC, a Florida-based aircraft parts seller a co-conspirator controlled. Nunez was previously sentenced to two years’ imprisonment in connection with this role in a separate scheme to defraud the United States Small Business Administration’s Economic Injury Disaster Loan program of approximately $1.5 million through the submission of false loan applications.
Department of Justice Trial Attorney Patrick J. Campbell and Assistant United States Attorney Nick Axelrod are in charge of the prosecution with assistance from Paralegal Specialist Liam McNett.
The Defendants:
KEILY NUNEZ
Age: 44
Jamaica, New YorkJULIEN LEVY
Age: 39
Englewood, New JerseyE.D.N.Y. Docket No. 22-CR-281 (PKC)
Two Extradited British Citizens Plead Guilty to Conspiracy to Defraud Investors in Fraudulent Co-Working Space BusinessRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that JAMES ROBINSON and DAVID KENNEDY, both citizens of the United Kingdom, pled guilty to engaging in a conspiracy to defraud victims by making material misrepresentations about the management and operations of a company called Bar Works Inc. and related entities (“Bar Works”). ROBINSON and KENNEDY were arrested in Spain on November 30, 2022, and were subsequently extradited. ROBINSON pled guilty today before U.S. Magistrate Judge Barbara Moses and is scheduled to be sentenced on September 25, 2024, before U.S. District Judge Lewis A. Kaplan. KENNEDY pled guilty on October 13, 2023, before U.S. Magistrate Valerie Figueredo, and is scheduled to be sentenced on May 7, 2024, before Judge Kaplan.
U.S. Attorney Damian Williams said: “James Robinson and David Kennedy partnered with notorious fraudster Renwick Haddow and used their agent network in Spain to launch a massive Ponzi scheme that lured hundreds of unsuspecting investors from around the world, all in exchange for massive commissions. Today’s plea signifies this Office’s commitment to hold accountable every perpetrator of fraudulent investment schemes, no matter where they operate.”
According to the Indictments and other court documents:
ROBINSON, KENNEDY, and co-conspirators Renwick Haddow and James Moore are citizens of the United Kingdom. At all times relevant to the Indictment, United Property Group and related entities (collectively, “UPG”) constituted a company based in Spain that was controlled in part by ROBINSON and KENNEDY. UPG sold real estate and other investing opportunities to potential investors. Bar Works was a private co-working space company controlled by Haddow, which operated locations in New York City and elsewhere between in or about 2015 through 2017 and accepted millions of dollars in investments from investors recruited through UPG, among others. Prior to launching Bar Works, Haddow had been disqualified as a director of any UK company for eight years and was later sued by the Financial Conduct Authority, a British regulator, for operating investment schemes through misrepresentations that lost investors substantially all of their money. These sanctions and lawsuit were publicized online.
In exchange for millions of dollars in commissions, ROBINSON, KENNEDY, and Moore partnered with Haddow in soliciting investments into workspace leases in Bar Works through material misrepresentations concerning, among other things, the identity of Bar Works’ management and the operations of Bar Works. Specifically, as ROBINSON and KENNEDY knew, notwithstanding Haddow’s control over Bar Works, Haddow caused the Bar Works offering materials to omit his name entirely, list a fictitious individual named “Jonathan Black” as the Chief Executive Officer of Bar Works, and claim that “Black” had an extensive background in finance and past success with start-up companies.
Through UPG, ROBINSON and KENNEDY recruited agents to sell workspace leases in Bar Works and knowingly provided them with fraudulent offering documents and other information. In marketing Bar Works to investors attempting to do due diligence, UPG agents supervised by ROBINSON and KENNEDY represented that ROBINSON and KENNEDY had met “Jonathan Black” in New York as part of UPG’s own due diligence. An account controlled in whole or in part by ROBINSON and KENNEDY received over $2 million in commissions from Bar Works in exchange for soliciting victims to invest at least approximately $7.5 million in this scheme. Separately, Moore received another approximately $1.6 million from Bar Works. Overall, prior to its collapse in or about June 2017, Bar Works obtained over $57 million from over 800 investors worldwide.
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ROBINSON, 47, and KENNEDY, 48, both residents of the UK, each pled guilty to one count of wire fraud conspiracy, which carries a maximum sentence of 20 years in prison.
The maximum potential sentence in this case is prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
Renwick Haddow, 55, pled guilty pursuant to a cooperation agreement, on May 23, 2019, to one count each of wire fraud and wire fraud conspiracy relating to the Bar Works scheme, and one count each of wire fraud and wire fraud conspiracy relating to a separate Bitcoin-related investment scheme. Haddow’s sentencing is currently scheduled for November 1, 2024, before U.S. District Judge Laura Taylor Swain.
James Moore, 63, was found guilty on June 7, 2019, of wire fraud and conspiracy to commit wire fraud following a week-long jury trial before U.S. District Judge Richard M. Berman. On February 1, 2022, Moore was sentenced to 140 months in prison by Judge Berman.
Savraj Gata-Aura, 37, pled guilty on November 18, 2019, to one count of wire fraud conspiracy for his participation in the scheme and was sentenced to four years in prison on July 27, 2020, by U.S. District Judge Jed. S. Rakoff.
Mr. Williams praised the investigative work of the Federal Bureau of Investigation. He further thanked the Government of Spain for arresting and extraditing ROBINSON and KENNEDY and the Securities and Exchange Commission, which has separately brought civil actions against ROBINSON, KENNEDY, Moore, Haddow, and Gata-Aura. The Department of Justice’s Office of International Affairs also provided substantial assistance in securing ROBINSON and KENNEDY’s arrest and extradition.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Vladislav Vainberg is in charge of the prosecution.
Texas Man Admits Stealing $319,000 from Armored CarRead the Press Release
ST. LOUIS – A man from Texas on Thursday admitted stealing $319,000 from an armored car at an Overland, Missouri shopping center in 2022.
On June 16, 2022, Malik Johnson broke into an armored truck that was parked at the Overland Plaza shopping center while the driver was picking up cash from a retailer there. Johnson grabbed three bags that contained a total of $319,179, and then took the money to his home in the Houston suburbs.
Johnson, 26, pleaded guilty Thursday to interstate transportation of stolen property.
He is scheduled to be sentenced August 5. The charge carries a penalty of up to 10 years in prison, a $250,000 fine or both prison and a fine. He will also be ordered to repay the money.
The Overland Police Department investigated the case. Assistant U.S. Attorney Gwen Carroll is prosecuting the case.
Tampa Man Guilty of Wire Fraud, Money Laundering in Misuse of $500,000 COVID-19 Small Business LoanRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Barrett Purvis (54, Tampa) guilty of wire fraud and money laundering. Purvis faces a maximum penalty of 20 years in federal prison for the wire fraud offense and up to 10 years’ imprisonment for the money laundering offense. Sentencing is scheduled for August 12, 2024. Purvis was indicted on March 30, 2023.
According to testimony and evidence presented at trial, Purvis applied for and received a $500,000 Economic Injury Disaster Loan from the Small Business Administration during the height of the COVID-19 pandemic in May 2021. Although he applied on behalf of a legitimate small business he owned and operated, Purvis never intended to use any of the loan proceeds on working capital as required by the terms of the loan agreement. Instead, Purvis spent approximately half of the proceeds on gambling debt and the rest on other personal debt, including debt incurred on his girlfriend’s three credit cards. Within two weeks of receiving the loan, Purvis had used nearly all the proceeds on personal expenses, unrelated to any legitimate business.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Candace Garcia Rich.
In May 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The task force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts.
Sterling Heights Man Charged with Multiple Counts of Aggravated Assaults of Federal Officers While Resisting ArrestRead the Press Release
DETROIT –Carl Emerson Travis, 52, of Sterling Heights, Michigan, was indicted by a federal grand jury with seven counts of aggravated assault on three deputy U.S. Marshals and four federal task force officers, United States Attorney Dawn N. Ison announced today.
Ison was joined in the announcement by Cheyvoryea Gibson, Special Agent in Charge of the FBI in Michigan.
On March 29, 2024, members of the U.S. Marshals Fugitive Apprehension Team attempted to arrest Carl Emerson Travis, who was wanted in multiple jurisdictions. When Travis saw law enforcement approaching, he resisted arrest and tried to escape, accelerating his car in reverse at a high rate of speed. In the process, Travis dragged a deputy U.S. Marshal and a task force officer with his car and knocked another officer to the ground. As Travis’s vehicle flew backwards, it also nearly struck several other deputies and officers who stood nearby. Travis ultimately slammed into a parked car, pushing it through the wall of an occupied hotel room. Only then was Travis finally placed under arrest.
“Our federal law enforcement officers put their lives at risk every day to keep us safe. The actions of this defendant were reckless and put the lives of our officers in danger,” said U.S. Attorney Ison. “Our office will not hesitate to hold those accountable who harm law enforcement officers who are merely doing their jobs.”
"Mr. Travis not only attempted to evade arrest but also recklessly endangered the safety of the community and law enforcement personnel," said Cheyvoryea Gibson, Special Agent in Charge of the FBI in Michigan. Our brave law enforcement partners place their lives on the line daily to uphold justice, and we will not tolerate any actions against them. Let it be clear: The severity of this offense will not be tolerated, and Mr. Travis will face the full extent of the law for his reckless and careless actions."
An indictment is only a formal charging document and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
This case was investigated by the Michigan State Police and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Nhan Ho.
South Lake Tahoe Man Indicted for Impersonating a Federal OfficerRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a four-count indictment on Thursday against Anton Andreyevich Iagounov, 38, of South Lake Tahoe, charging him with falsely impersonating a federal officer, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Iagounov pretended to be a federal law enforcement agent by creating false investigative documents, which purported to be sent by a federal agent, in an attempt to obtain government documents and other sensitive information. On July 5, 2022, Iagounov sent a search warrant that he created to the U.S. Capitol Police, falsely claiming it was signed by a Special Agent of the NASA Office of the Inspector General (NASA-OIG) and appearing to be authorized by the Chief District Judge for the District of Columbia. On July 11, 2022, Iagounov again pretended to be a NASA-OIG agent, created a fake search warrant, and emailed it to the U.S. District Court for the Central District of California. He sent it from an email address with an internet domain that he owned and had named to look like a government agency’s internet domain. On July 18, 2022, Iagounov again sent the fake search warrant, purporting to be signed by the same fictitious NASA-OIG agent, and sent it to the U.S. Bankruptcy Court for the Middle District of Georgia.
Finally, on July 24, 2022, Iagounov faxed a letter, under the name of a real NASA employee, to the U.S. District Court for the Northern District of Florida, claiming that an exigent circumstance required a judge’s signature on a non-existent search warrant immediately. The letter included an email address for the agent that belonged to Iagounov. All these documents were identified as suspicious by the courts and federal agencies to which they were sent.
This case is the product of an investigation by the Federal Bureau of Investigation, and the NASA Office of the Inspector General, with assistance by the South Lake Tahoe Police Department and the Carson City Sheriff’s Office. Assistant U.S. Attorney James Conolly is prosecuting the case.
If convicted, Iagounov faces a maximum statutory penalty of three years in prison and a $250,000 fine, per count of conviction. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Settlement Reached with Nail Salon for Violations of the Americans with Disabilities ActRead the Press Release
GREENSBORO - The U.S. Attorney’s Office has reached a settlement with a Raeford, North Carolina nail salon to resolve allegations that the salon violated the Americans with Disabilities Act of 1990 (“ADA”) by refusing to provide pedicure services to a customer unless she transferred from her wheelchair to a pedicure chair, announced U.S. Attorney Sandra J. Hairston.
Pursuant to the settlement, Modern Nails agreed to adopt and conspicuously post a non-discrimination policy, to ensure that its staff understand the policy, and to pay $500 to the complainant in this case.
The Department of Justice’s enforcement efforts under the ADA seek equal opportunity and dignity in all aspects of life, including access to public accommodations such as nail salons. This settlement agreement is the eighth agreement that the Department of Justice has reached with a nail salon through its U.S. Attorney Program for ADA Enforcement, and the second in the Middle District of North Carolina.
- In June 2021, the U.S. Attorney’s Office for the Middle District of North Carolina entered a settlement agreement resolving an allegation that a nail salon in Durham, North Carolina, refused to provide services to an individual with HIV.
- In June 2022, the U.S. Attorney’s Office for the Eastern District of Louisiana reached a settlement agreement with a nail salon in Harahan, Louisiana, to resolve an allegation that an individual was refused services because of the inability to transfer out of their wheelchair.
- In February 2023, the U.S. Attorney’s Office for the District of New Jersey entered a settlement agreement with a nail salon in Ocean County, New Jersey, to resolve allegations that the salon discriminates against individuals with mobility impairments.
- In June 2023, the U.S. Attorney's Office for the District of Arizona reached a settlement agreement with a nail salon in San Tan Valley, Arizona, to resolve allegations that the nail salon discriminated against a customer with paraplegia because she uses a wheelchair and does not have complete hand function.
- In October 2023, the U.S. Attorney's Office for the District of Kansas entered a settlement agreement with a nail salon in Kansas City, Kansas, to resolve allegations that the salon refused nail services to a woman with cerebral palsy who used a motorized wheelchair.
- In February 2024, the U.S. Attorney’s Office for the Western District of New York reached a settlement agreement with a nail salon in Williamsville, New York, to resolve allegations that the salon refused to allow a customer with a service animal enter the salon.
- In March 2024, the U.S. Attorney’s Office for the District of Arizona reached a settlement agreement with a nail salon in Chandler, Arizona to resolve allegations that the salon refused equal services to those using a wheelchair.
Additional information about the ADA, including information on how to file a complaint, can be found at www.ada.gov.
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Sending Thousands of Fentanyl Pills through the Mail Leads to Federal Prison for Arizona ManRead the Press Release
An Arizona man who sent thousands of fentanyl pills to Marion, Iowa, in the mail was sentenced May 1, 2024, to more than seven years in federal prison.
Dominique Holliday, age 28, from Tempe, Arizona, received the prison term after a December 28, 2023 guilty plea to one count of conspiracy to distribute a controlled substance and one count of conspiracy to commit money laundering.
Information disclosed at sentencing showed that, starting in April 2021 and continuing until December 21, 2021, Holliday sent packages containing 200 to 300 fentanyl pills to an individual in Marion through the mail every two weeks, totaling approximately 3,200 pills. The Marion man utilized a financial application to pay Holliday for the fentanyl pills, disguising the nature and source of the payments. On two separation occasions in December 2021, an individual suffered non‑fatal overdoses after ingesting fentanyl pills that Holliday had sent to Iowa.
Holliday was sentenced in Cedar Rapids by United States District Court Chief Judge C.J. Williams. Holliday was sentenced to 87 months’ imprisonment, and he must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Holliday is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Dillan Edwards and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Marion Police Department; and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 23-CR-00021-CJW.
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Rhode Island Man Admits to Shipping Fentanyl to AustraliaRead the Press Release
PROVIDENCE, RI – A Providence man pleaded guilty on Thursday to charges filed in a five-count federal indictment that alleged that on multiple occasions he attempted to export fentanyl from the United States to Australia, announced United States Attorney Zachary A. Cunha.
Felix Suarez, 25, pleaded guilty to conspiracy to distribute and to possess with intent to distribute fentanyl; two counts of attempt to distribute a controlled substance; unlawful export of a controlled substance; and unlawful use of a communication facility to facilitate the distribution of a controlled substance. Suarez is scheduled to be sentenced on August 1, 2024. The defendant’s sentences will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
According to information presented to the court, on December 30, 2022, U.S. Customs and Border Protection (CBP) seized an outbound parcel destined to Sydney, Australia, shipped two days earlier from Providence via FedEx. The parcel, which listed a return address belonging to Suarez and declared to contain “DOCUMENTS,” was found by CBP officers to contain approximately 37 grams of fentanyl.
On January 17, 2023, Homeland Security Investigations (HSI) was notified that Australian Federal Police had seized a second package mailed to the same identified recipient in Sydney. The package carried the same return address in Providence as the package mailed in late December 2022; the package’s contents were listed as “DOCUMENTS/INVOICES.” Australian authorities examined the package and found it to contain approximately 25 grams of fentanyl.
Further investigation by HSI determined that on January 10, 2023, surveillance camera footage from the UPS store in Providence where the second package was mailed from shows Suarez obtain a brown envelope from the store, return to his vehicle where he manipulated the envelope before re-entering the store with the envelope and mailing it. The envelope matched the description of the envelope seized by Australian law enforcement.
Import records from the Australian Department of Home Affairs established that from January 2020 to January 2023, the defendant shipped 67 parcels to the same recipient in Sydney, Australia. Each parcel had a similar weight (between .1kg and .455kg) and were similarly identified as “DOCUMENTS/PAPER.”
The case in U.S. District Court in Rhode Island is being prosecuted by Assistant U.S. Attorney Paul F. Daly, Jr.
The matter was investigated by Homeland Security Investigations, U.S. Border Protection, Australian Federal Police, Australian Department of Home Affairs, Providence Police Department, Warwick Police Department, and Central Falls Police Department.
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Readout of Annual Principals Meeting of the Five Eyes Law Enforcement GroupRead the Press Release
Attorney General Merrick B. Garland attended the Five Eyes Law Enforcement Group (FELEG) Annual Principals Meeting this week, where international and national partners met to discuss technology, innovation and encryption, and the emergent impacts on global safety.
FELEG is a collaborative intelligence-sharing law enforcement community. The annual meeting was attended by FELEG partners FBI, U.S. Drug Enforcement Administration (DEA), Homeland Security Investigations (HSI), Australian Australian Criminal Intelligence Commission (ACIC), Australian Federal Police (AFP), the Royal Canadian Mounted Police (RCMP), U.K. National Crime Agency (UK NCA), U.K. Counter Terrorism Policing (UK CTP), and New Zealand Police. Deputy Director and Senior Official Performing the Duties of the Director Patrick J. “P.J.” Lechleitner of U.S. Immigration and Customs Enforcement (ICE) is the current chair for FELEG.
Discussions included End-to-end Encryption (E2EE) and law enforcement legal issues on global public safety.
“The FELEG partnerships enhance law enforcement investigations on the national and international level, particularly related to cyber-enabled crime, where complex tactics and cyber techniques empower transnational criminal organizations and threaten global security,” said ICE Acting Director Lechleitner. “FELEG has increased sharing and cooperation between partner nations, and HSI is proud to be a part of it.”
“The FBI understands that we are all better positioned to execute our mission when the international law enforcement community is bonded together through close collaboration and coordination,” said Executive Assistant Director Timothy Langan of the FBI’s Criminal, Cyber, Response, and Services Branch. “We will continue to foster these strategic partnerships by sharing knowledge, experience, and capabilities in the pursuit of creating a safer world bound by the rule of law.”
“At a time in history when the global drug landscape is more complex, more violent, and more deadly than ever before, it is critical that we work together to protect the safety and health of all communities,” said DEA Administrator Anne Milgram. “Two Mexican cartels, the Sinaloa and Jalisco cartels, are not only causing devastating harm to Americans, but they are operating worldwide on almost every continent. They are exploiting technology to enable their operations, trafficking deadly drugs quickly and widely through social media and encrypted applications. At DEA, we are committed to working with our partners across the globe to most effectively attack the criminal networks threatening the security of all our countries.”
“The importance of trusted partnerships, like FELEG, that allow us to combine capabilities, knowledge and experience to combat these threats cannot be understated,” said ACIC CEO Heather Cook. “Serious and organized criminal enterprises are globalized, collaborative and adaptable — coming together to share information and respond collectively helps us stay ahead of our adversaries.”
“We must develop innovative new technological counter-measures in an ethical, transparent and accountable manner,’’ said AFP Deputy Commissioner Lesa Gale. “We cannot do this alone and call upon the technology industry to support the detection of illegal and harmful activities on their platforms. “The online world should be like the real world and criminals should not be protected because of a technological overlay. Through collaboration we can make a difference and create a safe online world for all in our community.”
“The relationships developed through FELEG are fundamental to identifying international criminal trends and responding to threats of mutual concern. The RCMP and its partners have proven, and continue to prove, the success of our partnerships when combatting transnational organized crime, cybercrime and taking actions to protect national security,” said RCMP Commissioner Mike Duheme.
“Collaborations like FELEG are fundamental in our collective approach to keeping the public safe and reducing the global impact of serious organized crime,” said NCA Director General Graeme Biggar. “But industry have a part to play too. As technology evolves and end-to-end encryption begins to be rolled out, solutions must be found to deliver both privacy and public safety measures. We all have a responsibility to ensure that those who seek to abuse these platforms are identified and caught, and that platforms become more safe, not less.”
“The FELEG partnership provides a strong basis for tackling the problems that are faced by the global law enforcement community,” said Commissioner Andrew Coster of New Zealand Police. “We have a common goal of keeping vulnerable people safe and holding offenders to account,” said Commissioner Andrew Coster of New Zealand Police.
Providence Man Sentenced for Scamming Rhode Island and Massachusetts SeniorsRead the Press Release
PROVIDENCE, RI – A Providence man described in court documents as having played a key role in a “grandparent scheme” that financially victimized more than a dozen senior citizens in Rhode Island and Massachusetts has been sentenced to twelve months and one day in federal prison; ordered to pay restitution to his victims; and ordered by the court to perform community after serving his term of incarceration by speaking to senior citizen groups and organizations about his criminal conduct and ways they can avoid being victimized, announced United States Attorney Zachary A. Cunha.
Vidal Roquez, 39, previously admitted to the court that he personally visited the homes of grandparent scam victims in Rhode Island and Massachusetts to collect cash from them after they had been convinced by other members of the conspiracy that a relative, usually a grandchild or child, had been arrested and that the money was urgently needed for bail. Some of the victims were told that a “gag order” was in place on their relative’s legal matter and that they were prohibited from sharing information with anyone else.
The investigation identified thirteen seniors that were victimized by Roquez. He was arrested after a failed attempt to defraud a senior in Little Compton, RI.
Roquez pleaded on December 14, 2023, to a charge of conspiracy to commit wire fraud. He was sentenced on Thursday by U.S. District Court Judge Mary S. McElroy to one year and one day of incarceration; three years of supervised release; sixty hours of community service by meeting with senior citizen organizations and groups, during which he is to describe his and his co-conspirators criminal conduct and to discuss ways seniors can protect themselves from being victimized; and to pay a total of $130,300 in restitution to his victims.
The case was prosecuted by Assistant United States Attorney Denise M. Barton
The matter was investigated by Homeland Security Investigations and the Little Compton Police Department.
United States Attorney Cunha thanks the Warwick, Portsmouth, Tiverton, Cranston, and South Kingstown, R.I. Police Departments; the Shrewsbury, Northborough, and Weston, MA, Police Departments; and the Rhode Island Fusion Center for their assistance investigating this case.
Combatting elder abuse and financial fraud targeting seniors is a key priority of the Department of Justice. If you are a victim or know a victim of elder fraud, you can call 1-877-FTC-HELP or go to ftc.gov/complaint. For downloadable Elder Abuse Prevention resources and for information about community outreach programs in Rhode Island, visit the United States Attorney’s Office’s Elder Justice Initiative web page at https://www.justice.gov/usao-ri/elder-justice.
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Opioid Manufacturer Endo Health Solutions Inc. Ordered to Pay $1.536B in Criminal Fines and Forfeiture for Distributing Misbranded Opioid MedicationRead the Press Release
Endo Health Solutions Inc. (EHSI) was ordered today to pay $1.086 billion in criminal fines and an additional $450 million in criminal forfeiture — the second-largest set of criminal financial penalties ever levied against a pharmaceutical company —for violations of the Federal Food, Drug and Cosmetic Act related to the distribution of the opioid medication Opana ER with INTAC (Opana ER).
EHSI pleaded guilty on April 18 to one misdemeanor count of introducing misbranded drugs into interstate commerce. In pleading guilty, EHSI admitted that from April 2012 through May 2013, certain EHSI sales representatives marketed Opana ER to prescribers by touting the drug’s purported abuse deterrence, tamper resistance and/or crush resistance, despite a lack of clinical data supporting those claims.
EHSI’s corporate affiliates emerged from bankruptcy on April 23. EHSI will cease to operate in its current form and will not emerge from bankruptcy. Payment of the criminal fine imposed at sentencing is addressed as a component of the broader resolution resolving all monetary claims held by the United States against the corporate entities. In addition, as part of the confirmed bankruptcy plan, the new company has funded voluntary trusts in settlement of opioid-relating claims, including public trusts that will pay over $450 million to state, municipal and Tribal entities to help fund programs to abate the opioid crisis. The department is crediting up to $450 million of such payments against the agreed forfeiture amount. The EHSI affiliates that have emerged from bankruptcy are subject to an injunction restraining future opioid sales and marketing and requiring the publication of millions of documents relating to its role in the opioid crisis.
“The opioid epidemic has caused substantial harm to the American people, and the companies whose unlawful tactics contributed to it must be held accountable,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “EHSI’s criminal guilty plea, and the sentence imposed upon it, further emphasizes the department’s commitment to prosecuting companies whose illegal conduct contributed to the opioid crisis.”
“The opioid crisis we continue to face today originated, in part, from companies like EHSI building their business on false claims and deceptive business practices,” said DEA Administrator Anne Milgram. “By intentionally misrepresenting opioid medications, EHSI prioritized profits over the health and well-being of the American people. Today’s settlement reflects DEA’s commitment to keep Americans safe and holding companies like EHSI accountable.”
“The sentencing in this case demonstrates the level of commitment FDA shares with our Department of Justice colleagues to address the opioid overdose crisis in the United States,” said Associate Commissioner Michael Rogers of FDA’s Office of Regulatory Affairs. “ENDO Health Solutions did not provide accurate information about the safety and abuse potential of their product, putting patients at additional risk of abuse and addiction. Such conduct undermines the agency’s public health mission and will not be tolerated. We will aggressively pursue and bring to justice those who knowingly endanger the nation’s public health.”
“The opioid epidemic is a plague on our country,” said Inspector General Robert P. Storch for the Department of Defense (DoD). “Our warfighters and their families sacrifice greatly for us, and we owe them a quality healthcare system free from corrupt corporate practices such as the ones perpetrated by this company. I applaud the U.S. Attorney’s Office, the Department of Justice and the investigative team from the DoD OIG’s Defense Criminal Investigative Service for their tenacious pursuit of justice in this case. This settlement sends a clear message to companies who place profits above the health and welfare of our warfighters, their families, and our retirees.”
“Today’s sentencing holds the defendants accountable for their role in the long-term deceptive practice of making false statements related to the safety of the opioids they were marketing,” said Inspector General Michael J. Missal for the Department of Veterans Affairs (VA). “The VA Office of Inspector General thanks the Department of Justice and our law enforcement partners for their efforts in this joint investigation.”
“The successful resolution of this case is a testament to the professionalism and teamwork displayed by our agents, our fellow investigative agencies, and the U.S. Department of Justice,” said Inspector General Kevin H. Winters for Amtrak. “We remain committed to protecting Amtrak employees, retirees, and their families by investigating any acts that could put them at risk, such as the misbranding of potentially dangerous drugs.”
“Through extensive false advertising efforts to conceal oxymorphone’s deleterious effects, Endo Health Solutions Inc. EHSI demonstrated a callous disregard for the safety and well-being of the people who were prescribed this highly addictive drug,” said Special Agent in Charge Jeffrey B. Veltri of the FBI Miami Field Office. “But thanks to the hard work of our partners including the Drug Enforcement Administration, the U.S. Department of Health and Human Services Office of Inspector General, the U.S. Food and Drug Administration Office of Criminal Investigations, the Veteran’s Administration Office of Inspector General, the U.S. Office of Personnel Management Office of the Inspector General, the Defense Criminal Investigative Service and the Amtrak Office of Inspector General, we are holding EHSI responsible for their significant contribution to the opioid epidemic.”
“Putting people first is at the core of our mission and our agency will continue to be relentless in investigating companies that endanger people in order to boost profits through aggressive, unlawful marketing and misbranding of products,” said Christi A. Grimm of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Working closely with our partners across several agencies, HHS-OIG remains committed to protecting federal health care programs and the health and safety of people served by those programs.”
In pleading guilty, EHSI admitted that certain sales managers were aware that the sales representatives were making claims of purported abuse deterrence, tamper resistance and/or crush resistance when marketing Opana ER to prescribers, and that certain sales representatives were striking non-medicated sample pills with hammers and conducting other demonstrations to convey the message that Opana ER was, in fact, crush proof and tamper resistant. The approved labeling for Opana ER did not provide adequate information for healthcare providers to safely prescribe Opana ER for use as an opioid that is abuse deterrent. According to the plea agreement, EHSI was responsible for the misbranding of Opana ER by marketing the drug with a label that failed to include adequate directions for its claimed abuse deterrence use, in violation of the FDCA.
EHSI withdrew Opana ER from the market in 2017.
The FBI, DEA, HHS-OIG, FDA-OCI, VA-OIG, OPM-OIG, DCIS and the Amtrak Office of Inspector General conducted the criminal investigation.
Assistant Director Gabriel H. Scannapieco and Trial Attorneys Ben Cornfeld, Brant Cook, Tara M. Shinnick and Colin Trundle of the Civil Division’s Consumer Protection Branch prosecuted the case.
For more information about the Consumer Protection Branch and its enforcement efforts visit www.justice.gov/civil/consumer-protection-branch.
Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS, at 1-800-HHS-TIPS (800-447-8477).