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Tuesday 2 April 2024
Huntington Man Sentenced to Prison for Possession of a Firearm in Furtherance of a Drug Trafficking CrimeRead the Press Release
HUNTINGTON, W.Va. – Thomas Donnell Shaw, 31, of Huntington, was sentenced yesterday, April 1, 2024, to five years in prison to run consecutively to his current state sentence, to be followed by five years of supervised release, for possession of a firearm in furtherance of a drug trafficking crime.
According to court documents and statements made in court, on March 4, 2021, Shaw was a passenger in a vehicle stopped by a law enforcement officer. The traffic stop resulted in a search of the vehicle, and officers found a FNH model FNS-40 .40-caliber pistol and a quantity of methamphetamine. Shaw admitted that he possessed the methamphetamine with the intent of distributing it within the Southern District of West Virginia. Shaw further admitted that he possessed the firearm in part to protect himself, the drugs and his drug proceeds.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorneys JC MacCallum, Owen Reynolds and Ryan A. Keefe prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-194.
Honduran National Charged with Illegally Reentering U.S., Violating Federal Sex Offender Registration and Notification ActRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut today announced that a federal grand jury in New Haven has returned an indictment charging JOSE PAVON-FERMIN, 40, a citizen of Honduras who previously resided in Norwalk, with illegally reentering the United States after being deported and failing to register as a sex offender.
The indictment was returned on October 4, 2023. Pavon-Fermin was arrested on March 7, 2024, in Rustburg, Virginia. He appeared yesterday before U.S. Magistrate Judge S. Dave Vatti in Bridgeport, entered a plea of not guilty to the charges, and was ordered detained pending trial.
As alleged in court documents and statements made in court, in 2018, Pavon-Fermin was convicted in state court for sexual assault in the third degree and unlawful restraint in the first degree. For those offenses, he was sentenced to 10 years in jail, suspended after serving four and one-half years, and 10 years of probation. He also was ordered to register as a sex offender for life. In June 2021, after serving his state sentence, Pavon-Fermin was deported and removed from the United States. He illegally reentered the U.S. and, in January 2023, was arrested in Norwalk on unrelated state charges. Pavon-Fermin failed to register or update his registration in Connecticut’s sex offender database, as required under the Sex Offender Registration and Notification Act (“SORNA”).
SORNA, which was passed by Congress in 2006 as part of the Adam Walsh Act, provides a comprehensive set of minimum standards for sex offender registration and notification in the United States and seeks to strengthen the nationwide network of sex offender registration and notification programs. In part, SORNA requires registered sex offenders to register and keep their registration current in each jurisdiction in which they reside, work, or go to school.
The indictment charges Pavon-Fermin with one count of illegally reentering the U.S. after being deported, an offense that carries a maximum term of imprisonment of 20 years, and one count of failing to register as a sex offender, an offense that carries a maximum term of imprisonment of 10 years.
U.S. Attorney Avery stressed that an indictment is only a charge and is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement and the United States Marshals Service. The case is being prosecuted by Assistant U.S. Attorney Neeraj N. Patel.
Harrisburg Man Sentenced to 14 ½ Years’ Imprisonment for Drug TraffickingRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 2, 2024, George E. Jones, age 43, of Harrisburg, Pennsylvania, was sentenced by United States District Court Judge Jennifer P. Wilson to 151 months’ imprisonment to be followed by three years on supervised release for trafficking cocaine. Judge Wilson also sentenced Jones to a consecutive 24-month prison term for violating the conditions of a term of supervised release he was serving for a prior federal drug trafficking conviction.
According to United States Attorney Gerard M. Karam, Jones previously pleaded guilty on July 20, 2023, to possession with intent to distribute cocaine and 28 grams and more of cocaine base. In 2011, Jones was convicted of drug trafficking that resulted in Jones serving approximately a 10-year federal prison sentence. Jones was released from that sentence in May 2020, and resumed selling crack and powder cocaine in Harrisburg less than two months later while he was serving a term of supervised release.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives with assistance provided by the Harrisburg Police Bureau. Assistant United States Attorney Michael Consiglio prosecuted the case.
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Gun Trafficker Who Tried to Send Firearms to Drug Cartel Members in Mexico Sentenced to over Thirteen Years in PrisonRead the Press Release
Tampa, FL – U.S. District Judge William F. Jung has sentenced Yuendry Rodriguez Hilario (29, Cleveland, OH) to 13 years and 4 months in federal prison for conspiring to traffic firearms, possessing firearms in furtherance of drug trafficking, and money laundering. A co-conspirator, Saleh Yusuf Saleh (24, Cleveland, OH), was sentenced on November 30, 2023, before U.S. District Judge Kathryn Kimball Mizelle to 5 years and 8 months’ imprisonment. Rodriguez Hilario and Saleh were arrested in Cleveland, Ohio on March 2, 2023, and Rodriguez Hilario was ordered detained. Rodriguez Hilario entered a guilty plea on November 13, 2023.
According to court records, since 2021, undercover agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), posing as Mexican cartel members, were introduced to Rodriguez Hilario because he was a trafficker of firearms that could be smuggled to Mexico. During the investigation, Rodriguez Hilario and others discussed the purchase of AR-15s and rocket-propelled grenade launchers. One of the co-conspirators described that he sold AR-15s and AK-47s to El Salvadorans, and also had cocaine available for distribution. Rodriguez Hilario further offered fentanyl to one of the undercover agents to make pills.
Beginning in late-2021, members of the conspiracy sold or arranged the sale of at least 90 rifles and one Mac-10-type machine gun with a silencer to undercover agents in the Middle District of Florida and Cleveland. In November 2022, an undercover agent told Rodriguez Hilario that his associates in Mexico were “battling and losing” and needed to purchase more firearms. On March 2, 2023, Rodriguez Hilario arranged to deliver 40 AM-15 multi-caliber firearms to the undercover agents. Saleh, who acquired and assembled the parts to make the firearms, arrived at the meeting with Rodriguez Hilario and the agents. After an undercover agent inspected one of the boxes of firearms, both Rodriguez Hilario and Saleh were arrested.
Image 1: Firearms from the October 21, 2021 sale
Images 2-3: Firearms from March 10, 2022 sale
Images 3-4: Firearms from May 26, 2022 sale
“Combating firearms trafficking networks that arm the Mexican cartels is a top Department of Justice priority,” said Deputy Attorney General Lisa Monaco. “The 13-year sentence imposed in this case reflects the severity of the crime — and years of difficult and dangerous work by ATF agents and their law enforcement partners. Because of their efforts, the Department kept scores of high-powered firearms out of the hands of the Mexican cartels and secured the conviction and lengthy sentences of the traffickers responsible.”
“Firearms trafficking is not a victimless crime,” said Director Steven Dettelbach of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “Those who seek to divert firearms to unlawful markets in Mexico are often arming dangerous drug cartels, who use these high-powered weapons to fuel their criminal activities. ATF will continue to work with our partners at CBP, OCDETF, and the U.S. Attorney’s Office to bring important cases like this and hold gun traffickers accountable.”
“This case highlights the joint commitment of the U.S. Attorney’s Office and the OCDETF Panama Express Strike Force to prevent firearms from falling into the hands of transnational criminal organizations,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “We are dedicated to disrupting and dismantling transnational criminal organizations and holding gun traffickers accountable for their actions.”
“Disrupting firearms trafficking schemes like this is a priority for us,” said ATF Tampa Field Division Special Agent in Charge Kirk Howard. “It took a joint team more than two years to investigate this complex case and bring these suspects to justice.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives in Tampa and Columbus, Ohio and 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.
The specific mission of the OCDETF Panama Express Strike Force is to disrupt and dismantle Transnational Criminal Organizations involved in large scale drug trafficking, money laundering, and related activities. The OCDETF Panama Express Strike Force is comprised of agents and officers from the Coast Guard Investigative Service, Drug Enforcement Administration, Federal Bureau of Investigation, and Homeland Security Investigations. The Cleveland Police Department, Ohio State Highway Patrol, Ohio Adult Parole Authority, and the Great Lakes Air and Marine Branch of U.S. Customs and Border Protection also provided assistance. It was prosecuted by Dan Baeza.
Gun Trafficker Sentenced for Attempting to Send Firearms to Drug Cartel Members in MexicoRead the Press Release
Yuendry Rodriguez Hilario, 29, of Cleveland, was sentenced to 13 years and four months in prison for conspiring to traffic firearms, possessing firearms in furtherance of drug trafficking, and money laundering. A co-conspirator, Saleh Yusuf Saleh, 24, also of Cleveland, was sentenced on Nov. 30, 2023, to five years and eight months in prison. Rodriguez Hilario and Saleh were arrested in Cleveland on March 2, 2023, and Rodriguez Hilario was ordered detained. Rodriguez Hilario entered a guilty plea on Nov. 13, 2023.
“Combating firearms trafficking networks that arm the Mexican cartels is a top Department of Justice priority,” said Deputy Attorney General Lisa Monaco. “The 13-year sentence imposed in this case reflects the severity of the crime — and years of difficult and dangerous work by ATF agents and their law enforcement partners. Because of their efforts, the Department kept scores of high-powered firearms out of the hands of the Mexican cartels and secured the conviction and lengthy sentences of the traffickers responsible.”
“Firearms trafficking is not a victimless crime,” said Director Steven Dettelbach of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “Those who seek to divert firearms to unlawful markets in Mexico are often arming dangerous drug cartels, who use these high-powered weapons to fuel their criminal activities. ATF will continue to work with our partners at CBP, OCDETF, and the U.S. Attorney’s Office to bring important cases like this and hold gun traffickers accountable.”
“This case highlights the joint commitment of the U.S. Attorney’s Office and the OCDETF Panama Express Strike Force to prevent firearms from falling into the hands of transnational criminal organizations,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “We are dedicated to disrupting and dismantling transnational criminal organizations and holding gun traffickers accountable for their actions.”
According to court records, since 2021, undercover agents from the ATF, posing as Mexican cartel members, were introduced to Rodriguez Hilario because he was a trafficker of firearms that could be smuggled to Mexico. During the investigation, Rodriguez Hilario and others discussed the purchase of AR-15s and rocket-propelled grenade launchers. One of the co-conspirators described that he sold AR-15s and AK-47s to El Salvadorans, and also had cocaine available for distribution. Rodriguez Hilario further offered fentanyl to one of the undercover agents to make pills.
Beginning in late-2021, members of the conspiracy sold or arranged the sale of at least 90 rifles and one Mac-10-type machine gun with a silencer to undercover agents in the Middle District of Florida and Cleveland. In November 2022, an undercover agent told Rodriguez Hilario that his associates in Mexico were “battling and losing” and needed to purchase more firearms. On March 2, 2023, Rodriguez Hilario arranged to deliver 40 AM-15 multi-caliber firearms to the undercover agents. Saleh, who acquired and assembled the parts to make the firearms, arrived at the meeting with Rodriguez Hilario and the agents. After an undercover agent inspected one of the boxes of firearms, both Rodriguez Hilario and Saleh were arrested.
Firearms from the Oct. 21, 2021, sale. Firearms from March 10, 2022, sale. Firearms from May 26, 2022, sale.The ATF Tampa and Columbus Field Divisions investigated the case.
Assistant U.S. Attorney Dan Baeza for the Middle District of Florida prosecuted the case.
This case 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.
The specific mission of the OCDETF Panama Express Strike Force is to disrupt and dismantle transnational criminal organizations involved in large scale drug trafficking, money laundering, and related activities. The OCDETF Panama Express Strike Force is comprised of agents and officers from the Coast Guard Investigative Service, Drug Enforcement Administration, FBI, and Homeland Security Investigations. The Cleveland Police Department, Ohio State Highway Patrol, Ohio Adult Parole Authority, and Great Lakes Air and Marine Branch of U.S. Customs and Border Protection also provided assistance.
Former Public School Information Technology Manager Sentenced for Damaging School's Computer NetworkRead the Press Release
BOSTON – An Ayer man was sentenced today in federal court in Boston for committing a cyberattack against the computer network of his former employer, an Essex County public high school.
Conor LaHiff, 30, was sentenced by U.S. Chief District Court Judge F. Dennis Saylor IV to one month in prison and three years’ supervised release, the first 12 months to be served in home confinement. He was also ordered to pay $34,110 in restitution. In December 2023, LaHiff pleaded guilty to one count of unauthorized damage to protected computers.
“Individuals who exploit their specialized knowledge to retaliate against a former employer through costly and dangerous cyberattacks will be held accountable,” said Acting U.S. Attorney Joshua S. Levy. “We will continue to work with our law enforcement counterparts to protect the security of the computer network we rely upon every day.”
“Committing a cyber intrusion to settle a score with your former employer is a bad idea but that’s exactly what Conor LaHiff did, and in doing so, he deactivated a high school’s phone system along with thousands of network user accounts,” said Jodi Cohen, Special Agent in Charge of the FBI Boston Division. “This short-sighted scheme has brought serious consequences and should serve as a warning to others: the FBI will track down and bring to justice cyber criminals, regardless of what their motivation is for willfully breaking the law.”
LaHiff was employed as a desktop and network manager at an Essex County public high school until he was terminated in June 2023. After he was fired, LaHiff used his administrative privileges to deactivate and delete thousands of Apple IDs from the school’s Apple School Manager account – software used to manage student, faculty and staff information technology resources. LaHiff also deactivated more than 1,400 other Apple accounts and other IT administrative accounts and disabled the school’s private branch phone system, which left the school’s phone service unavailable for approximately18 hours.
After his termination for the charged conduct, LaHiff had obtained a similar position at another public high school.
Acting U.S. Attorney Levy and FBI SAC Cohen made the announcement today. Valuable investigative assistance was provided by the Massachusetts State Police and the Haverhill Police Department. Assistant U.S. Attorney Mackenzie A. Queenin of the Securities, Financial & Cyber Fraud Unit prosecuted the case.
Former Fugitive Sentenced for Laundering $1.5M Embezzled from Kuwaiti EmbassyRead the Press Release
A Virginia man was sentenced today to three years in prison for laundering money he and others embezzled from the Health Office of the Embassy of Kuwait in Washington, D.C.
According to court documents, from approximately January 2014 through September 2014, Ahmed El Khebki, also known as Ahmed Khider El Khebki, of Alexandria, and his co-conspirators stole money from the Kuwait Embassy’s Health Office that had been earmarked to pay for medical care for Kuwaiti citizens who traveled to the United States to receive treatment at, among other places, Johns Hopkins Hospital and MedStar Georgetown University Hospital. To embezzle and launder the funds, El Khebki and his co-conspirators created fictitious entities with names such as “Hopiken” and “MedStars,” which were meant to mimic the names of actual U.S. healthcare providers that partnered with the Kuwait Embassy to provide care to Kuwaiti patients. The co-conspirators submitted fraudulent invoices in those entities’ names to the Health Office, claiming that they had provided medical services to real Kuwaiti citizens. The financial attaché for the Health Office, who participated in the conspiracy, and other co-conspirators who worked at the Health Office approved the invoices and wrote checks to El Khebki and his co-conspirators’ fake companies.
The Health Office transferred to El Khebki and his co-conspirators more than $1.5 million in payments for fraudulent invoices. El Khebki personally deposited hundreds of thousands of dollars of stolen funds into accounts he controlled.
In 2014, El Khebki fled the United States to avoid arrest for his involvement in the conspiracy and remained a fugitive until he was arrested in Cairo, Egypt, and returned to the United States in 2021. El Khebki pleaded guilty in May 2023 to participating in a conspiracy to launder more than $1.5 million from the Embassy of Kuwait.
Two of El Khebki’s co-conspirators, Wael Sedik and Huwida Fadl, were previously sentenced for their roles in the conspiracy. Hussein Fadl Osman, El Khebki’s co-defendant and Fadl’s brother, remains at large. At the request of the Kuwaiti government, the United States dismissed criminal charges against the Health Office’s financial attaché and returned her to Kuwait to face prosecution.
Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division and Special Agent in Charge Derek W. Gordon of Homeland Security Investigations (HSI) Washington, D.C. made the announcement.
HSI investigated the case.
Senior Trial Attorney Jonathan Baum and Trial Attorney Shai D. Bronshtein of the Criminal Division’s Money Laundering and Asset Recovery Section (MLARS) prosecuted the case.
This case is part of the department’s Kleptocracy Asset Recovery Initiative. The Kleptocracy Asset Recovery Initiative is led by a team of dedicated MLARS prosecutors in partnership with federal law enforcement agencies, and often with U.S. Attorneys’ Offices, to forfeit the proceeds of foreign official corruption and, where appropriate, to seize, forfeit, and repatriate those recovered assets to benefit the people harmed by these acts of corruption and abuse of office. Individuals with information about possible proceeds of foreign corruption located in or laundered through the United States should email [email protected] or submit information at https://tips.fbi.gov/.
Florida Couple Plead Guilty to Production of Child PornographyRead the Press Release
GAINESVILLE, FLORIDA – Timothy Frederick Murphy-Johnson, 40, of Gainesville, Florida, and Olivia Ashford Henn, 21, of Orlando, Florida, entered guilty pleas to conspiracy to produce child pornography, and two counts of production of child pornography. Murphy-Johnson also pleaded guilty to transporting the child from Texas to Florida for the purpose of sexual abuse. The pleas were announced by Jason R. Coody, United States Attorney for the Northern District of Florida.
At the plea hearings, Murphy-Johnson admitted to causing a child to be transported from Corpus Christi, Texas, to Gainesville, Florida in early June 2023. Between June 11, 2023, and July 25, 2023, the child was maintained at Murphy-Johnson’s residence in Gainesville, Florida. The child was subjected to extreme sexual abuse which was filmed by both Murphy-Johnson and Henn. During this time, Murphy-Johnson and Henn engaged in numerous conversations—in person, by cell phone, and through internet-based messaging—in which they discussed the child’s physical and mental condition, sexual acts involving the child, and their mutual concern regarding being arrested if discovered by law enforcement. On July 25, 2023, law enforcement officers investigating the reported disappearance of the child from Texas executed a search warrant at Murphy-Johnson’s residence in Alachua County, Florida. The child was rescued, and Murphy-Johnson and Henn were arrested.
Sentencing for both Murphy-Johnson and Henn is scheduled for June 25, 2024, at 11:30 a.m., at the United States Courthouse in Gainesville before United States District Judge Allen C. Winsor.
Murphy-Johnson faces a sentence of 15 years to life imprisonment and five years to life on supervised release. Henn faces a sentence of 15 to 90 years imprisonment and five years to life on supervised release.
The case resulted from a joint investigation by the Florida Department of Law Enforcement, the Alachua County Sheriff’s Office, the Texas Department of Public Safety, and the Department of Homeland Security Investigations. The case is being prosecuted by Assistant United States Attorney F.T. Williams.
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 and led by the U.S. Attorney’s Offices and the Criminal Divisions Child Exploitation and Obscenity Section (CEOS), it marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Fernandina Beach Man Sentenced to Prison for Threatening to Kill A United States Supreme Court JusticeRead the Press Release
Jacksonville, Florida – United States District Judge Marcia Morales Howard has sentenced Neal Brij Sidhwaney (43, Fernandina Beach) to 14 months in federal prison for transmitting an interstate threat to kill. Sidhwaney entered a guilty plea on December 15, 2023.
According to court documents, on July 31, 2023, Sidhwaney placed a telephone call from Florida to the Supreme Court of the United States in Washington, D.C., and left an expletive-laden, threatening voicemail message. On the voicemail message Sidhwaney identified himself by name and repeatedly threatened to kill a specific United States Supreme Court Justice.
This case was investigated by the Supreme Court of the United States Police – Protective Intelligence Unit with assistance from the United States Capitol Police –Threat Assessment Section. It was prosecuted by Assistant United States Attorney Kirwinn Mike and Special Assistant United States Attorney Joe Wheeler, III.
Federal Trial Jury Finds Three Defendants Guilty in String of Violent Crimes, Drug and Gun Offenses, and Money LaunderingRead the Press Release
Louisville, KY – Yesterday a federal jury convicted two Louisville men and a Louisville woman of numerous felony offenses, including kidnapping, robbery, drug trafficking, and money laundering after a ten-day jury trial. Several other defendants previously pleaded guilty to the charges.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge Michael E. Stansbury of the FBI Louisville Field Office, and Chief Jacquelyn Gwinn-Villaroel of the Louisville Metro Police Department made the announcement.
According to court documents and evidence presented at trial, on July 20, 2021, John E. Lohden, Jr., 34, and others, while impersonating United States Marshals, kidnapped and held a victim for ransom. The jury found Lohden guilty of one count of kidnapping and one count of impersonator making arrest or search.
Further, according to court documents and evidence presented at trial, on January 7, 2022, Lohden possessed three firearms. Lohden was prohibited from possessing a firearm because he had previously been convicted of the following felony offenses.
On November 16, 2021, in Jefferson Circuit Court, Lohden was convicted of receiving stolen property under $10,000.
On November 28, 2007, in Jefferson Circuit Court, Lohden was convicted of wanton endangerment in the first degree (three counts).
The evidence at trial revealed that the three firearms Lohden possessed had previously been stolen from members of the Louisville Metro Police Department. Additionally, one of the firearms was a short, barreled rifle. The jury found Lohden guilty of one count of possession of a firearm by a prohibited person and one count of possession of an unregistered firearm.
Additionally, according to court documents and evidence presented at trial, on August 16, 2022, Lohden, Dayton Peterson, 23, and others, while impersonating a Louisville Metro Police officer, an agent with the Alcohol, Tobacco, Firearms, and Explosives, and a United States Marshal, kidnapped and robbed adult and minor victims at a residence in Louisville. The defendants took money, jewelry, firearms, and controlled substances from the home. The jury found both Lohden and Peterson guilty of one count each of kidnapping, impersonator making arrest or search, robbery, using or carrying a firearm during and in relation to a of a crime of violence, and conspiracy to possess with intent to distribute controlled substances.
Also, according to court documents and evidence presented at trial, on August 18, 2022, Lohden fled from police in a vehicle downtown Louisville. Following his capture, Lohden was found in possession of over 12 kilograms of cocaine, over 1 kilogram of heroin, several firearms, a sting ball grenade, and stolen jewelry. The jury found Lohden guilty of possession with intent to distribute controlled substances, possession of a firearm in furtherance of a drug trafficking crime, and possession of an unregistered firearm.
Further, according to court documents and evidence presented at trial, on August 19, 2022, Peterson and Samantha Trummer, 29, used proceeds from the August 16, 2022, robbery to purchase a mobile home. The jury found Peterson and Trummer guilty of money laundering, which is engaging in a monetary transaction derived from specified unlawful activity.
Finally, according to court documents and evidence presented at trial, on October 26, 2022, Peterson was found in possession of over 700 grams of cocaine, over 500 grams of heroin, and a Romam/Cugir model mini-Draco .762 caliber pistol. The jury found Peterson guilty of possession with intent to distribute controlled substances and possession of a firearm in furtherance of a drug trafficking crime.
Lohden, Peterson, and Trummer are scheduled for sentencing on July 22, 2024, in the United States District Court for the Western District of Kentucky. Lohden remains detained pending sentencing. He faces a mandatory minimum sentence of 20 years and a maximum sentence of life in prison. The Court ordered Peterson detained pending sentencing. He faces a mandatory minimum sentence of 15 years and a maximum sentence of life in prison. Trummer remains released from custody pending sentencing. She faces a maximum sentence of 10 years in prison. A federal district court judge will determine the sentence for each defendant after considering the sentencing guidelines and other statutory factors.
There is no parole in the federal system.
The FBI, LMPD, Jefferson County Sheriff’s Office, and Bullitt County Sheriff’s Office investigated the case, with assistance from the ATF, IRS, DEA, and Kentucky State Police.
Assistant U.S. Attorneys Alicia Gomez and Frank Dahl are prosecuting the case, with assistance from paralegal specialist Adela Alic.
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.
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Federal Government Employee Arrested for Conspiracy to Defraud the District of Columbia to Benefit His Private CompanyRead the Press Release
WASHINGTON – A criminal complaint was unsealed today in the District of Columbia charging Ifediora Oli with conspiring with others to defraud the District of money, property, and the honest services of one of its employees. The charges were announced by U.S. Attorney Matthew M. Graves, FBI Special Agent in Charge David J. Scott of the Washington Field Office, Acting Inspector General Kevin B. Muhlendorf of the Washington Metropolitan Area Transit Authority Office of Inspector General, and Daniel W. Lucas, Inspector General for the District of Columbia.
Ifediora Oli, 41, was arrested this morning at his home in Silver Spring, MD. According to court documents, in addition to maintaining employment with the federal government, Oli is the Principal for Highbury Global Group, Inc. Oli has a long-term relationship with a person identified as Co-conspirator No. 1., who works at the Washington Metropolitan Area Transit Authority (WMATA). Beginning in 2018, Co-conspirator No. 1 used his position at WMATA to steer business opportunities to Oli and Highbury. Another person, referred to in the affidavit as Co-conspirator No. 2, worked at WMATA from 2016 to January 2019, as a contract administrator. While they both worked at WMATA, Co-conspirator No. 1 introduced Co-conspirator No. 2 to Oli. Co-conspirator 2 later moved to the District’s Office of Contracting and Procurement (OCP). At OCP, Co-conspirator 2 helped manage District government contracting activities such as advertising, negotiation, price analysis, bid selection, and contract implementation.
In January 2021, OCP began the process of helping the District of Columbia’s Department of Forensic Sciences (DFS) hire a vendor to provide DFS with COVID-19 testing supplies. On January 14, 2021, Co-conspirator No. 2 wrote to potential vendors, including Oli, and invited them to bid on the contract, which was ultimately awarded to Oli and Highbury.
The COVID-19 testing supplies contract with Highbury on behalf of DFS was fully executed on February 4, 2021. The total contract amount was $659,099.22. The District of Columbia government ultimately paid Highbury over $630,000 on the COVID-19 testing supplies contract. As the contract was being implemented and ultimately closed out, Oli wired over $140,000 to Co-conspirator No. 1’s personal bank account. Of those amounts, Co-conspirator No. 1 kicked back $15,000 to Co-conspirator 2 in two cash installments, at Oli’s direction.
The investigation into this matter was conducted by the FBI’s Washington Field Office, with the WMATA Office of the Inspector General and District of Columbia Office of the Inspector General. The case is being prosecuted by Assistant U.S. Attorney Timothy Visser of the Fraud, Public Corruption, and Civil Rights Section of the U.S. Attorney’s Office for the District of Columbia.
A criminal complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Fall River Woman Indicted for Stealing Social Security BenefitsRead the Press Release
BOSTON – A Fall River woman was arrested today for stealing Social Security benefits intended for her child.
Nancy Taylor, 44, was charged with one count of theft of public funds. Taylor was released on conditions following an initial appearance today before U.S. District Court Magistrate Judge Judith G. Dein.
According to the indictment, from May 2016 through May 2022, Taylor embezzled approximately $86,994.58 in Social Security benefits that were intended for her minor child.
The charge of theft of public funds provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Joshua S. Levy and Bradley Parker, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division made the announcement. Special Assistant U.S. Attorney James J. Nagelberg of the Major Crimes Unit is prosecuting the case.
The details contained in the Indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
El Departamento de Justicia llega a un acuerdo con una empresa de servicios de seguridad para resolver acusaciones de discriminación relacionadas con la inmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con Securitas Security Services USA Inc. (Securitas), una empresa de servicios de seguridad con oficinas por todo Estados Unidos. El acuerdo resuelve la determinación del Departamento de que ciertas ubicaciones de Securitas vulneraron la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) cuando discriminó a no ciudadanos de los EE. UU. al verificar su permiso para trabajar en los Estados Unidos.
«Los empleadores no pueden restringir los tipos de documentos que los trabajadores pueden usar para demostrar su permiso para trabajar», declaró Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «El Departamento seguirá garantizando que todos los trabajadores, independientemente de su ciudadanía, estatus migratorio o nacionalidad de origen, puedan presentar los documentos válidos que ellos mismos eligen para demostrar su permiso para trabajar».
La Sección de Derechos de Inmigrantes y Empleados (IER, por sus siglas en inglés), de la División de Derechos Civiles, determinó que, desde al menos el 3 de febrero del 2020 hasta el 20 de diciembre del 2021, las ubicaciones de Securitas en el área de East Bay, ubicadas en las ciudades de Concord y Fremont, California, solían exigir a los residentes permanentes legales que presentasen un documento migratorio específico a la hora de verificar su permiso para trabajar. Además, el Departamento determinó que, entre el 3 de febrero del 2020 y el 23 de junio del 2022, la empresa realizó solicitudes documentales similares a otros no ciudadanos de los EE. UU. con permiso para trabajar
Conforme los términos del acuerdo, Securitas pagará $100,000 en sanciones civiles a los Estados Unidos y establecerá un fondo de pagos retroactivos de $75,000 para compensar a las víctimas de las prácticas discriminatorias de la empresa, incluidas aquellas que fueron despedidas o perdieron su trabajo porque no pudieron cumplir con las obligaciones de la empresa. Asimismo, Securitas capacitará a su personal en cuanto a los requisitos antidiscriminatorios de la INA, revisará sus políticas de empleo y se someterá a supervisión por parte del Departamento.
La ley federal permite a todos los trabajadores elegir la documentación válida y legalmente aceptable que desean presentar para demostrar su identidad y permiso para trabajar, independientemente de su estatus de ciudadanía, estatus migratorio o nacionalidad de origen. La disposición antidiscriminatoria de la INA prohíbe a los empleadores solicitar documentos específicos o innecesarios con base en el estatus de ciudadanía, estatus migratorio o nacionalidad de origen de un trabajador. De hecho, muchos no ciudadanos de los EE. UU., incluidos los residentes permanentes legales, son elegibles para varios de los mismos tipos de documentos para demostrar su permiso para trabajar que los ciudadanos estadounidenses (por ejemplo, una identificación estatal o licencia de conducir y una tarjeta de Seguro Social sin restricciones). Los empleadores deben permitir que los trabajadores presenten cualquier documentación aceptable que elijan y no pueden rechazar documentación válida que razonablemente parezca genuina.
La IER es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, por lo general, la ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación.
Puede obtener más información sobre cómo los empleadores pueden evitar la discriminación en la contratación y el reclutamiento en el sitio web de la IER. Aprenda más sobre el trabajo de la IER y cómo conseguir ayuda mediante este vídeo corto. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify), o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito o visualizar una presentación a la carta; o visitar los sitios web de la IER en inglés y español. Inscríbase para recibir actualizaciones por correo electrónico de la IER.
Eight Individuals Charged in Duluth Area Fentanyl and Methamphetamine Trafficking ConspiracyRead the Press Release
DULUTH, Minn. – Eight members of a Chicago-based drug trafficking conspiracy have been indicted for fentanyl and methamphetamine distribution in Duluth and surrounding areas, announced U.S. Attorney Andrew M. Luger.
According to court documents, between December 2021 and February 2024, Carl Maurice Brown, 32, of Chicago, Robert Desean Chism, 35, of Chicago, Matthew James Erickson, aka “EZ,” 35, of Duluth, Anthony Lenard Green, 34, of Chicago, Ezell Cordero Lucas, aka “Cash,” 32, of Chicago, Arreal Dominique Timberlake, 30, of Chicago, Deandre Michael Westmoreland, 35, of Chicago, and Pharoo Nasun Witherspoon, 35, of Chicago, conspired to distribute fentanyl and methamphetamine throughout Duluth and the Twin Ports region. Lucas, who was identified by law enforcement as the leader of the conspiracy, arranged the fentanyl sales in Duluth and directed other members of the conspiracy to conduct the transactions. Throughout the course of the investigation, law enforcement officers with the Lake Superior Violent Offender Task Force have seized large quantities of fentanyl and methamphetamine from conspiracy members.
All eight defendants are charged with conspiracy to distribute fentanyl and methamphetamine.
Chism and Westmoreland made their initial appearances earlier today in U.S. District Court before Magistrate Judge Leo I. Brisbois. Brown, Erickson, Green, and Lucas previously made their initial appearances in U.S. District Court in the District of Minnesota. Witherspoon is currently serving a term of imprisonment in Cook County, Illinois. Timberlake previously made her initial appearance in the Northern District of Illinois. Timberlake’s and Witherspoon’s initial appearances in U.S. District Court in the District of Minnesota will be scheduled at a later date.
This case is the result of an investigation conducted by the Lake Superior Violent Offender Task Force, the Duluth Police Department, the St. Louis County Sheriff’s Office, the Superior (WI) Police Department, the Virginia Police Department, the Hibbing Police Department, and Arrowhead Regional Corrections, with assistance from the U.S. Marshals Service and the St. Louis County Attorney’s Office.
Assistant U.S. Attorney Garrett S. Fields is prosecuting the case.
An indictment is merely an allegation, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Domestic trafficker admits to possession with intent to distribute over 2,000 counterfeit pillsRead the Press Release
LAREDO, Texas – A 40-year-old resident of Lake Charles, Louisiana, has pleaded guilty to conspiring to possess with intent to distribute more than 40 grams of fentanyl, announced U.S. Attorney Alamdar S. Hamdani.
Walter Wellington Somers admitted he possessed more than 2,000 pills containing fentanyl.
On Dec. 23, 2023, law enforcement responded to a call from the Embassy Suites Hotel in Laredo. Hotel staff found what they believed to be drugs in one of the rooms while trying to clean it.
Law enforcement arrived on scene and observed Somers attempting to get back into the room. He claimed he was only there to pay for a television he had broken.
Authorities conducted a search of the hotel room and discovered a silver zipper bag containing several clear plastic bags with a large number of small blue circular pills. They were imprinted with an “M-30” logo. Law enforcement confirmed Somers had been staying in the room and checked out earlier in the day before returning to the hotel.
A laboratory analysis later determined there were a total of 2,319 pills which contained fentanyl.
The investigation revealed Somers had traveled from Louisiana to meet a friend in South Texas. In phone messages between the two, they discussed collecting money and acquiring narcotics. In one audio message, the individual told Somers if he sent $700 or $800 that evening, someone would front them 3,000 pills.
The friend also sent Somers a video of him holding three bags of blue M-30 pills that were identical in size, shape and packaging to the pills seized Dec. 23, 2023.
“One pill can kill – that’s the mantra of law enforcement when discussing the dangers of fentanyl-laced pills,” said Hamdani. “Laredo’s children are dying because of pills similar to the ones Somers possessed. This case exemplifies why we must educate our communities not just on the dangers of fentanyl, but how this lethal drug is disguised to fool people into believing it’s nothing more than ordinary prescription medication.”
U.S. District Judge Diana Saldaña will impose sentencing at a later date. At that time, Somers faces up to 40 years in federal prison and a possible $5 million maximum fine.
Somers will remain in custody pending that hearing.
The Drug Enforcement Administration and Laredo Police Department conducted the investigation. Assistant U.S. Attorneys Brittany Jensen and Brian Bajew are prosecuting the case.
This case is being prosecuted as part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF is the largest anti-crime task force in the country. 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.
More information on the dangers of fentanyl can be found on the DEA’s website. #OnePillCanKill
Costa Rican National Indicted for Firearm PossessionRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced that MILTON RAYO-CASTILLO, age 26, a native of Costa Rica, was indicted on March 28, 2024, for being an illegal alien in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(5)(A).
According to the indictment, on or about March 10, 2024, RAYO-CASTILLO, an alien present illegally in the United States, was found in possession of a Glock Model 19X, nine-millimeter semi-automatic pistol, bearing serial number BYGA822.
If convicted, RAYO-CASTILLO faces up to 15 years of imprisonment, a fine of up to $250,000, up to three years of supervised release, and a $100 mandatory special assessment fee.
U.S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the 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.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security and the Kenner Police Department in investigating this matter. Assistant United States Attorney Spiro G. Latsis of the General Crimes Unit oversees the prosecution.
Convicted Felon Sentenced to 15 Years in Prison on Gun and Drug ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Texas man and convicted felon on gun and drug charges, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Marcus Watson.
U.S. District Court Judge L. Scott Coogler sentenced Wyndle Dorsie Shepherd, Jr, 31, of Wake Village, Texas, to 180 months in prison. Shepherd pleaded guilty in November 2023 to possession with intent to distribute methamphetamine, possession of a firearm during a drug trafficking crime, and being a felon in possession of a firearm in.
According to the plea agreement, a Demopolis Police Department agent was patrolling I-20/I-59 in Boligee, Alabama, in March 2022 when the agent stopped Shepherd for speeding. Shepherd was traveling alone through Alabama on his way back to Texas in a rental car. The traffic stop ultimately led the agent to search the vehicle. During the search, the agent found a loaded and chambered Taurus 9mm pistol under the driver’s seat, a box of 9mm ammunition, a small bottle containing marijuana, 3 ounces of loose marijuana in a clear plastic bag, and a plastic bag containing drug paraphernalia and methamphetamine.
ATF investigated the case along with the Demopolis Police Department. Assistant U.S. Attorneys Brittney L. Plyler and Kristy M. Peoples prosecuted the case.
Chicago Man Sentenced to 23 Years in Prison for Distributing Crack Cocaine While on Court-Supervised ReleaseRead the Press Release
ROCKFORD — A Chicago man has been sentenced to 23 years in federal prison for drug conspiracy and distribution of cocaine.
JULIAN WYRE, 46, was convicted by a jury in December 2023 on one count of conspiracy to distribute cocaine base and seven counts of distribution of cocaine base. Wyre distributed the cocaine in 2019 in Rock Falls, Ill. U.S. District Judge Iain D. Johnston imposed the sentence on Monday after a hearing in federal court in Rockford.
In 2008, Wyre was sentenced to 17 years’ imprisonment for illegally possessing cocaine base with the intent to distribute. He was on federal court-supervised release at the time of the conspiracy and distribution charges for which he was sentenced this week.
The sentence was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, and Robert W. “Wes” Wheeler, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI. The Illinois State Police, Illinois State Police Blackhawk Area Task Force, and Rockford Resident Agency of the FBI Chicago Field Office provided valuable assistance in the investigation.
The government was represented by Assistant U.S. Attorneys Robert S. Ladd and Jonathan S. Kim.
Charleston Man Sentenced to 10 Years in Federal Prison for Possessing with Intent to Distribute Fentanyl and Possessing a FirearmRead the Press Release
CHARLESTON, S.C. —Darrell Troy Capers, 33, of Charleston, was sentenced to 1o years in federal prison after pleading guilty to possessing with intent to distribute fentanyl, cocaine, crack cocaine, heroin, and marijuana, as well as possessing a firearm in furtherance of a drug trafficking crime.
Evidence presented to the court showed that on March 18, 2022, Charleston Police Department officers executed a search warrant at the home of Capers. In the home, officers discovered a blue backpack containing fentanyl, cocaine, crack cocaine, heroin, and marijuana. Officers also discovered a stolen firearm in the backpack. The backpack contained a debit card bearing Capers’ name, a pill bottle bearing Capers’ name, and two movie tickets. CPD officers obtained video footage of Capers at the movie theater and at the time indicated on the tickets. Other evidence obtained from the backpack included a whisk, sandwich bags, and a digital scale, consistent with narcotics trafficking.
United States District Judge David C. Norton sentenced Capers to 120 months’ imprisonment, to be followed by a five-year term of court-ordered supervision. There is no parole in the federal system.
This case was investigated by the Charleston Police Department and the Drug Enforcement Administration. Assistant U.S. Attorney Lee Holmes is prosecuting the case.
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Carjacker Sentenced to More Than 21 Years in Federal PrisonRead the Press Release
Tampa, FL – U.S. District Judge Kathryn Kimball Mizelle has sentenced Rodney Jones (28, Orlando) to 21 years and 10 months in federal prison for carjacking and brandishing a firearm during and in relation to a crime of violence. The sentence consists of 14 years and 10 months for the carjacking offense, followed by a consecutive 7-year sentence for the firearm offense. Jones entered a guilty plea on September 5, 2023.
According to court documents, on September 28, 2021, Jones and two others committed a carjacking in the parking garage at a hotel/casino in Tampa. Jones and the others jumped out of a stolen sedan, pointed guns at the victim, and stole his wallet and jewelry. They demanded that the victim identify his car. One of the men then used the victim’s car keys to drive off in the victim’s car, and the others followed in the original stolen sedan. Two days later, an officer from the Orlando Police Department arrested Jones after they found him in the stolen sedan. They recovered a firearm with Jones’s DNA on it near the vehicle.
This case was investigated by the Federal Bureau of Investigation and the Seminole Police Department, with assistance from the Orlando Police Department and the Orange County Sheriff’s Office. This case is part of the Middle District of Florida’s Safe Trails Task Force. The Safe Trails Task Force is a partnership between the United States Attorney’s Office, the FBI, the Seminole Police Department, and other federal, state, local, and tribal law enforcement that works to combat the growth of crime in Indian Country. It was prosecuted by Assistant United States Attorney Christopher F. Murray.
This case is also 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.
Career Offender Sentenced to Ten Years in Federal Prison for Trafficking Fentanyl Pills and Powder Days After Leaving PrisonRead the Press Release
PROVIDENCE, RI – A 43-year-old career offender living in Providence whose adult life was described in a court filing by the government as “plagued by bad, evil, criminal, premeditated decisions,” and who most recently led a fentanyl trafficking operation that employed family members and conducted drug deals in the presence of children, was sentenced on Monday to ten years in federal prison, announced United States Attorney Zachary A. Cunha.
Rafael Ferrer, 43, who previously used a multitude of aliases, pleaded guilty on March 14, 2023, to conspiracy to distribute 40 grams or more of fentanyl, distribution of 40 grams or more of fentanyl, and distribution of fentanyl. He was sentenced Monday by U.S. District Court Judge William E. Smith to 120 months of incarceration to be followed by four years of federal supervised release.
“As Rhode Island continues to grapple with the grim toll of opioid overdoses- particularly those wrought by fentanyl, Rafael Ferrer chose to fan the flames by callously profiting from peddling lethal drugs in our communities,” said U.S. Attorney Cunha. “In the process, he put family members and innocent children at risk, to say nothing of the buyers of his deadly product. The sentence imposed should make one thing clear: we will hold those responsible for this assault on our families, our neighbors, and our communities accountable with every tool at our disposal.”
“Rafael Ferrer is a career criminal, committed to leading a family-based drug trafficking organization that peddled deadly poison onto the streets of Providence,” said Jodi Cohen, Special Agent in Charge of the FBI Boston Division. “As he’s now learned, the FBI’s Safe Streets Task Force is just as committed to getting illegal drugs off our streets and freeing our communities from the stranglehold of drug traffickers like him. There’s no doubt the Ocean State is safer with him behind bars.”
According to information presented to the court, Ferrer, convicted and incarcerated multiple times over the past two decades for committing violent assault, gun, burglary, and drug trafficking and related offenses, began trafficking fentanyl in June 2019, eight days after his most recent release from the Adult Correctional Institutions. Ferrer had just completed a term of incarceration of over eight years for possession of a firearm by a prohibited person and for a home invasion he committed. He was released in March of 2019 but reincarcerated from May 2019 through a date in June 2019.
In the case for which he was sentenced, Ferrer admitted to a federal judge to being a supplier of fentanyl in both pill and powder form. He acknowledged his role as the leader of the drug trafficking organizer in which he organized the sale of fentanyl and directed others, including family members and runners, to deliver the drugs. On 16 dates between June 19, 2019, and November 5, 2019, he arranged for the delivery of fentanyl, on three occasions delivering more than 40 grams of the drug.
The case was prosecuted by Assistant United States Attorney Stacey A. Erickson.
The matter was investigated by the FBI Rhode Island Safe Streets Task Force.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The FBI Rhode Island Safe Streets Task Force is comprised of members of the FBI, Central Falls Police Department, Woonsocket Police Department, Pawtucket Police Department, West Warwick Police Department, Cranston Police Department, and the United States Marshals Service.
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Bus passenger convicted for smuggling over $1.2M of pure meth in 48 jars of lardRead the Press Release
LAREDO, Texas – A 62-year-old Mexican man has pleaded guilty for attempting to smuggle 63.85 kilograms of pure meth, announced U.S. Attorney Alamdar S. Hamdani.
On Jan. 10, Eleazar Vilchiz Alonso applied for entry into the United States at the Lincoln-Juarez Bridge in Laredo while on board a commercial bus. At primary inspection, law enforcement discovered several dozen jars of lard in his luggage.
As part of an agricultural inspection, authorities discovered a sandy substance within the lard which tested positive for meth. Law enforcement recovered a total of 48 jars in several suitcases. Alonso stated he was going to deliver them to an address in Houston.
Laboratory analysis later confirmed the substance in the jars was 100% pure crystal meth or “ice” totaling 63.85 kilograms with a value of more than $1.29 million.
U.S. District Judge Marina Garcia Marmolejo will impose sentencing July 9. At that time, Alonso faces up to life in federal prison and a possible $10 million maximum fine for each count.
Alonso has been and will remain in custody pending that hearing.
Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection Office of Field Operations. Special Assistant U.S. Attorney Terence Andrew Check Jr. prosecuted the case.
Broken Arrow Resident Sentenced for Desecrating A Human CorpseRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Lauren Ann Jackson, age 35, of Broken Arrow, Oklahoma, was sentenced to 23 months in prison for burning the body of a murder victim.
The charges arose from investigations by the Oklahoma State Bureau of Investigation, the Muskogee County Sheriff’s Office, and the Federal Bureau of Investigation.
On June 8, 2023, Jackson pleaded guilty in federal district court to one count of Desecration of a Human Corpse in Indian Country. According to investigators, between November 15 and 16 of 2021, Jackson assisted in burning the body of a victim murdered by Dayan Banks hours before. On January 29, 2024, Banks was convicted by a jury in state district court of one count of Murder in the First Degree—Deliberate Intent, and one count of Desecration of a Human Corpse. Jackson was prosecuted in federal court because she is a member of federally recognized Indian tribe and the crime occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation, in the Eastern District of Oklahoma.
The Honorable Ronald A. White, Chief Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing. Jackson will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Benjamin D. Traster represented the United States.
Bozeman construction company owner admits failing to pay payroll, withholding taxes of more than $800,000 to IRSRead the Press Release
MISSOULA — The owner of a Bozeman construction company accused of not paying to the IRS employee-related taxes of more than $800,000 admitted to tax crimes today, U.S. Attorney Jesse Laslovich said.
The defendant, Joseph Glen Dickey, 38, pleaded guilty to failure to truthfully account for and pay over withholding and FICA taxes, a felony, and failure to file employer’s quarterly return and pay tax, a misdemeanor. Dickey faces a maximum of five years in prison, a $250,000 fine and three years of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for Aug. 14 before U.S. District Judge Dana L. Christensen. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Dickey was detained pending further proceedings.
The government alleged in court documents that Dickey is the owner of Alpine Customs, Inc., a commercial construction company that has employed 60 or more individuals. Dickey acted as Alpine’s general manager and exercised control over every aspect of the business, including approving company payments and overseeing company bank accounts. Alpine withheld payroll taxes from employees’ paychecks, including federal income taxes and Social Security and Medicare taxes. Alpine also was required to make quarterly deposits of those payroll taxes and additional employer payroll contributions to the IRS.
Dickey did not timely deposit several employee or employer payroll taxes from 2018 to 2021. Dickey knew of the requirements and his bookkeepers and IRS officers repeatedly advised Dickey of these legal obligations. In total, Dickey failed to timely pay $803,374 in employer and employee payroll taxes.
Assistant U.S. Attorney Karla E. Painter is prosecuting the case. The IRS Criminal Investigation conducted the investigation.
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Boston Man Pleads Guilty to Drug Trafficking in and Around Public Housing DevelopmentRead the Press Release
BOSTON – A man identified as a member/associate of the Heath Street Gang pleaded guilty today in federal court in Boston to possession with intent to distribute cocaine in a public housing development.
Michael Van Rader, 26, pleaded guilty to possession with intent to distribute cocaine within 1,000 feet of a public housing facility. U.S. District Court Judge Denise J. Casper scheduled sentencing for June 27, 2024. Van Rader was indicted by a federal grand jury in September 2023.
On or about Sept. 3, 2023, Van Rader was arrested on the grounds of the Mildred C. Hailey Apartments, a public housing complex in Jamaica Plain, in possession of a distribution quantity of cocaine. At the time of his arrest, Van Rader was barred by the Boston Housing Authority from trespassing at the Mildred C. Hailey Apartments.
The charge of possession with intent to distribute cocaine within 1,000 feet of a public housing facility provides for a mandatory minimum sentence of one year and no greater than 40 years in prison, a minimum of six years and up to life of supervised release, and a fine of up to $2 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Feld Division; and Boston Police Commissioner Michael Cox made the announcement. The investigation was supported by the Boston Housing Authority Police Department and the Suffolk County District Attorney’s Office. Assistant U.S. Attorney Sarah Hoefle of the Organized Crime & Gang Unit is prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Boston Man Pleads Guilty to Bank RobberyRead the Press Release
BOSTON – A Boston man pleaded guilty today in federal court in Boston to bank robbery and escape charges.
Kim Daley, 53, pleaded guilty to one count of bank robbery and one count of escape from custody. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for July 23, 2024. Daley was indicted by a federal grand jury in September 2022.
In July 2017, Daley received a 100 month federal sentence followed by three years of supervised release for federal bank robbery convictions. On May 9, 2022, while serving the remainder of the custodial portion of that federal sentence at a Boston Residential Reentry Center (“RRC”), a facility in which he was lawfully confined at the direction of the Attorney General, Daley left the RRC with his belongings without permission and never returned. His whereabouts were unknown and he was classified as an escape on that date.
On June 20, 2022, Daley walked into a TD Bank in Cambridge, passed a note to the teller demanding all the money and robbed the bank of $560 in US currency. Bank surveillance captured Daley entering the bank, passing the note to the teller and then leaving the bank a short time later with cash. Within approximately 40 minutes of the robbery, Daley was arrested in Cambridge and found to have $560 in US currency on his person.
The charge of bank robbery provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. The charge of escape from custody provides for a sentence of up to five years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Christine Elow Cambridge Chief of Police made the announcement today. Assistant U.S. Attorney Suzanne Jacobus of the Major Crimes Unit is prosecuting the case.
Birmingham Home Builder Pleads Guilty to $1.2 Million-Dollar FraudRead the Press Release
BIRMINGHAM, Ala. – A Birmingham man has pleaded guilty to defrauding more than a dozen victims whose homes he had promised to build, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.
Cecil Wayne Sanford, 58, of Birmingham, pleaded guilty before Judge Annemarie Carney Axon to one count of wire fraud.
According to the plea agreement, Sanford was a residential builder in Alabama who operated through his business, Stone Pointe Builders, LLC. Between 2020 and early 2022, more than a dozen victims in the Birmingham area contracted with Sanford to build their homes and paid Sanford substantial sums of money (tens of thousands of dollars or more). Yet the victims saw little or no work done despite Sanford’s representations, draws on their construction loans, and invoices for construction-related expenses. Sanford made statements to victims about how their funds would be used and then spent the money in other ways, including to pay his own living expenses. In February 2022, days after closing with a family on a construction contract and collecting more than $27,000 from the family as a down payment, Sanford moved $10,000 into his personal bank account, withdrew it, abruptly closed the business, and left town. In his plea agreement, Sanford agreed to pay restitution to victims totaling more than $1.2 million.
Sanford will be sentenced later this year.
The maximum penalty for wire fraud is twenty years in prison.
The FBI investigated the case, and Assistant U.S. Attorney J.B. Ward is prosecuting it. The Alabama Home Builders Licensure Board assisted in the investigation.
Beverly Hills Man Pleads Guilty to Transporting to Florida Jewelry and Other Items He Stole from Guests Staying at Luxury HotelRead the Press Release
LOS ANGELES – A Beverly Hills man pleaded guilty today to stealing jewelry and other items from victims staying at a luxury hotel last year, then traveling to Florida to sell the stolen goods.
Jobson Marangoni De Castro, 38, pleaded guilty to one count of interstate transportation of stolen property, a felony that carries a statutory maximum sentence of 10 years in federal prison.
According to court documents, two victims – both residents of Brazil – traveled together to Beverly Hills in May 2023 to attend a fashion event scheduled several days after their arrival. On the evening of May 10, 2023, De Castro traveled by Uber to the victims’ hotel, tricked a hotel employee into giving him a key to the victims’ room, and – while the victims were away having dinner – stole six suitcases belonging to them.
The suitcases contained jewelry, clothing, and accessories worth as much as approximately $1.8 million, prosecutors contend.
Later that evening, the victims returned to their hotel room to discover all six of their suitcases were missing. The hotel staff then notified law enforcement about the theft.
De Castro then traveled to Miami and, on May 17, 2023, messaged a buyer in Miami on Instagram. De Castro told the buyer he wanted to sell jewelry – a diamond necklace and luxury watch – but he did not have papers for them because he had found them in a box belonging to his late mother. The jewelry matched the description of that stolen from the victims in Beverly Hills a few days earlier, according to court documents. The next day, the buyer wired De Castro $50,000, for the jewelry, which De Castro brought to the buyer’s store in Miami.
The name De Castro provided to the buyer was “Jobs Marangoni,” the same name he used for his Uber account.
De Castro has been in federal custody since August 2023.
United States District Judge Hernán D. Vera scheduled an April 30 evidentiary hearing for De Castro to determine the loss amount. A sentencing hearing is expected to be scheduled in the following months.
The FBI and the Beverly Hills Police Department investigated this matter.
Assistant United States Attorney Alexander S. Gorin of the General Crimes Section is prosecuting this case.
Bellevue, Washington man sentenced to 6+ years in prison for third federal conviction for drug and gun crimesRead the Press Release
Seattle – A 52-year-old Bellevue, Washington man was sentenced today in U.S. District Court in Seattle to 77 months in prison for drug trafficking while illegally possessing a firearm, announced U.S. Attorney Tessa M. Gorman. Sanxay Heng Xayadeth was arrested September 6, 2023, after he sold drugs to a person working with law enforcement. Police searched his home and car that day and found dealer quantities of fentanyl pills, powder, and chunks, as well as cocaine. A Glock 19 semi-automatic pistol was found in his bedroom along with body armor. Xayadeth is prohibited from possessing firearms due to prior convictions.
At today’s sentencing hearing U.S. District Judge James L. Robart said Mr. Xayadeth “has made a career out of selling poison. Fentanyl is causing one to two deaths a day in King County…. He demonstrates an indifference to the harm he does in the community.” Looking at Xayadeth’s long criminal history Judge Robart concluded, “Since age 21 it’s been a complete campaign of criminal conduct inflicted on the public.”
According to records filed in the case, since the age of 21, Xayadeth has served more than 23 years in prison. His first federal conviction was in 2005, for setting up an MDMA drug deal while armed with a 9 mm handgun. He had more drugs and multiple firearms at his residence and was sentenced to 10+ years in prison. In 2015, less than a year after being released from federal prison he was arrested with a stolen firearm and was sentenced to nearly eight years in prison.
In the current case, Xayadeth had been on supervised release for just over a year when he was identified as a significant drug dealer in King County. Following this prison term Xayadeth will be on four years of supervised release.
Xayadeth pleaded guilty in January 2024.
In asking for a sentence of more than six years in prison, Assistant United States Attorney Erika Evans noted the deadly toll of fentanyl on our community. “In 2023, the King County Medical Examiner’s office reported 1,091 confirmed overdose deaths related to fentanyl. In the first two and a half months of 2024 alone, there have been approximately 222 fentanyl-related deaths in King County. Fentanyl is estimated to be fifty times stronger than heroin. Even a tiny amount of fentanyl can kill. In 2023, the year Xayadeth committed his drug trafficking crimes, the King County Medical Examiner’s office said it struggled to store bodies partly due to the rise in fentanyl overdoses.”
The case was investigated by the Seattle Police Department, Homeland Security Investigations (HSI) and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
The case was prosecuted by Assistant United States Attorney Erika Evans.
Art Forger Sentenced for Mail and Wire Fraud ConspiracyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that that Earl Marshawn Washington, age 61, and previously a resident of Honolulu, Key West, Las Vegas, and other places, was sentenced to 52 months in prison for conspiracy to commit wire fraud and mail fraud.
According to United States Attorney Gerard M. Karam, at the time of his guilty plea, Washington admitted to working with a series of romantic partners, dating back to 2013, to create and sell counterfeit artistic goods known as “woodblocks” or “woodcuts.” Xylography is the art of making “woodcuts,” or engravings made from wooden blocks, especially for printing using historical techniques. In traditional xylography, an artist uses a sharpened tool to carve a design into the surface of a woodblock. The raised areas that remain after the block has been cut are inked and printed, while the recessed areas that are cut away do not retain ink and will remain blank in the final print. Woodblock images can be printed onto paper, fabrics, textiles, or other materials. The technique has been used in different geographic regions at different times. One woodblock tradition stems from Germany starting around the 14th century and continuing for several hundred years thereafter.
Washington was originally charged by indictment in January 2023, along with his then wife, Zsanett Nagy. As part of Washington’s plea agreement, the original charges against him were dismissed, and a new charge of conspiracy to commit wire fraud and mail fraud was filed. Washington pleaded guilty to this offense in July 2023. Nagy pleaded guilty in August 2023 to conspiracy to commit wire fraud, mail fraud, and money laundering.
Washington and Nagy each admitted to selling inauthentic woodblocks and prints made from woodblocks that they as advertised as being from between the 15th and early 20th centuries. The buyers included a pair of woodblock collectors residing in France, as well as a buyer of a woodblock print who then resided in Hummelstown, Pennsylvania, in the Middle District of Pennsylvania. On one occasion, for example, Washington promised to send the buyers in France fifteen “15th.C Reformation/Lutheran wood blocks.” The buyers then made PayPal payments to Nagy before learning that the woodblocks they purchased were not from the 15th and 16th centuries, as advertised. Nagy received these payments, moved the proceeds to a bank account in her name, and then quickly converted the proceeds to cash through withdrawals of several thousand dollars or more. Together, the buyers in France paid nearly $85 thousand for counterfeit woodblocks.
Washington’s buyers also included a collector of woodblocks from York, Pennsylvania, in the Middle District of Pennsylvania. This collector paid $118,810 to Washington and Washington’s then girlfriend from 2013 to 2016 in exchange for approximately 130 woodblocks, again advertised as being several centuries old. In one email, for instance, Washington, using the alias “River Seine,” claimed to be selling “original printing blocks from the 16th and 17th centuries.”
At the time of his guilty plea, Washington also admitted to regularly utilizing bank accounts and PayPal accounts belonging to his romantic partners, to utilizing the alias “River Seine” when dealing with customers, and to relying on his partners to handle mailings of packages to victims.
Washington was also ordered to pay restitution to victims in the total amount of $203,240.90 and ordered to serve a three-year term of supervised release following his imprisonment.
Nagy was sentenced to time served in January 2024. She also faces potential deportation for her conviction.
This case was prosecuted by Assistant U.S. Attorney Ravi Romel Sharma and investigated by the Federal Bureau of Investigation’s Art Crime Team - Philadelphia Division, with assistance from the FBI Art Crime Program at FBI Headquarters. The DOJ’s Office of International Affairs provided assistance during the investigation. Assistance was also provided by the French Ministry of Justice, the French National Gendarmerie, the German Federal Criminal Police Office, the State Criminal Police Office of Saxony.
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Active-Duty Airman Arrested for Attempted Enticement of a MinorRead the Press Release
Wilmington, Del. – David C. Weiss, U.S. Attorney for the District of Delaware announced that an active-duty airman was arrested and charged today for the attempted enticement of a minor.
According to publicly filed documents, Armand Nicholas Lu, 36, a Technical Sergeant (E-06) assigned to the Dover Air Force Base, met online, and began communicating via text message with an individual whom Lu believed to be a 14-year-old girl. In reality, and unbeknownst to Lu, the individual was a Special Agent with the Air Force Office of Special Investigations. Over the course of several weeks via text message, Lu expressed interest in meeting and having sex with the individual he believed to be a 14-year-old girl. On one occasion, Lu acknowledged that he could go to prison if he were caught. Ultimately, Lu arranged to meet with the “girl” on April 2, 2024, while her “mother” was at work. In advance of the meeting, Lu told the “girl” he had purchased intimate items in anticipation of their meeting, including condoms, honey, and lubricant. On April 2, 2024, Lu arrived at the pre-determined meeting location at which time he was placed in custody. During a search of Lu’s bedroom, law enforcement found condoms, honey, and lubricant.
Lu has been charged via Complaint with Attempted Coercion and Enticement of a Minor. If convicted, he faces a maximum period of life imprisonment, with a mandatory minimum term of 10 years in prison. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
The United States Air Force Office of Special Investigations investigated this case, with the assistance of the FBI's Delaware Violent Crime and Safe Streets Task Force and the Delaware State Police. Assistant U.S. Attorney Claudia L. Pare is assigned to prosecute this case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Attachments
lu_complaint_redacted.pdf
Monday 1 April 2024
Zwolle Man Sentenced to Federal Prison for Illegal Possession of Methamphetamine and FirearmsRead the Press Release
SHREVEPORT, La. – Larry Maurice Malmay, 47, of Zwolle, Louisiana, was sentenced today on drug trafficking charges, announced United States Attorney Brandon B. Brown. United States District Judge S. Maurice Hicks, Jr. sentenced Malmay to 182 months (15 years, 2 months) in prison, followed by 5 years of supervised release for possession with intent to distribute methamphetamine and possession of firearms in furtherance of drug trafficking.
The charges against Malmay stem from an incident which occurred on December 28, 2022, when officers with Probation and Parole went to his residence to perform a routine residence check. At the time of the visit, Malmay was on probation for prior felony convictions. When Malmay answered the door, the smell of marijuana was immediately apparent to the officer. The officer asked him if there were any prohibited items in the house and he admitted to having two firearms. When the officer attempted to handcuff Malmay, he struggled with the officer and was able to break away and flee the scene. Sabine Parish Sheriff’s Office deputies were called to assist in locating Malmay.
Meanwhile, a home visit of Malmay’s house was completed by the officer where he discovered a Ruger EC9S 9mm pistol, a Remington 410 gauge shotgun, 17 grams of methamphetamine, 74 grams of marijuana packaged for distribution, and over 90 various narcotic pills, as well as clear bags for packaging and scales.
The Sabine Parish Sheriff’s Office K-9 eventually located Malmay hiding and passed out in the woods and he was taken to the hospital for evaluation. The defendant later admitted to law enforcement officers that he had consumed over 100 hydrocodone pills to avoid their discovery and that is what caused him to pass out in the woods. He admitted to storing over two pounds of methamphetamine for another individual in his house at different times. Malmay has multiple prior felonies and knew that he was prohibited from possessing any firearm or ammunition.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Louisiana Probation and Parole, and the Sabine Parish Sheriff’s Office and prosecuted by Assistant United States Attorney Robert F. Moody.
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Wichita man sentenced for trafficking fentanylRead the Press Release
WICHITA, KAN. – A Kansas man was sentenced to 180 months in prison for trafficking fentanyl.
Devonte Smith, 28, of Wichita pleaded guilty to possession with intent to distribute fentanyl.
According to court documents, in April 2023, Smith and a co-defendant traveled by plane from Wichita to Arizona, to purchase fentanyl-laced pills, which they arranged to bring back to Kansas. In his plea agreement, Smith admitted he flew back to Wichita and directed a co-defendant to return to Kansas with the pills, which were seized by law enforcement in a car driven by a second co-defendant.
Law enforcement’s car stop occurred in Pratt, Kansas, resulting in the discovery of more than 100,000 pills which tests confirmed were fentanyl-laced.
Criminal charges against the co-defendants are pending within the court system.
The Federal Bureau of Investigation (FBI), Wichita Police Department, Sedgwick County Sheriff’s Office, IRS-Criminal Investigation, U.S. Postal Inspection Service, and U.S. Department of Homeland Security Investigations (HSI) investigated the case.
Assistant U.S. Attorneys Deb Barnett and Ola Odeyemi prosecuted the case.
OCDETF
This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
###Vernon County Man Sentenced to 11 ½ Years for Trafficking Methamphetamine and FentanylRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Stanley J. Holte, 34, Coon Valley, Wisconsin, was sentenced today by U.S. District Judge William M. Conley to 11 ½ years in federal prison for conspiring to distribute and possess with intent to distribute methamphetamine and fentanyl. The prison term will be followed by 5 years of supervised release. Holte pled guilty to this charge on January 16, 2024.
On June 12, 2023, law enforcement officers executed a search warrant at the residence of Holte and his co-defendant Julia Lloyd in Coon Valley. Holte was pulled over after being observed leaving the residence. Officers searched Holte and his car and found a large quantity of cash, methamphetamine, and fentanyl. Officers arrested Lloyd at the residence, where they found additional quantities of methamphetamine and fentanyl. In total, officers seized just under five pounds of methamphetamine, over an ounce of fentanyl, and almost $50,000 in cash. Lloyd and Holte were later interviewed and admitted to trafficking significant quantities of methamphetamine and fentanyl.
At sentencing, Judge Conley emphasized that a lengthy prison sentence was necessary for Holte because of the significant quantities of dangerous drugs that he was distributing in the community and his long history of selling drugs. At the time of this incident, Holte was on extended supervision with the State of Wisconsin for a prior methamphetamine trafficking offense. His probation in that case was revoked because of his new criminal conduct, and he was sentenced to approximately 16 months in state prison. Judge Conley ordered that the federal sentence run concurrently with the remainder of Holte’s state revocation sentence.
On March 1, 2024, Judge Conley sentenced Julia Lloyd to 78 months in federal prison for conspiring with Holte to traffic methamphetamine and fentanyl.
The charges against Lloyd and Holte were the result of an investigation conducted by the Campbell, La Crosse, and Onalaska Police Departments, La Crosse County and Vernon County Sheriff’s Offices, and the United States Drug Enforcement Administration, with the assistance of the Vernon County District Attorney’s Office. Assistant U.S. Attorney Steven P. Anderson prosecuted this case.
U.S. Attorney’s Office and National Children’s Advocacy Center Partner to Educate Parents on SextortionRead the Press Release
HUNTSVILLE, Ala. – During Child Abuse Prevention Month, the U.S. Attorney’s Office (USAO) and the National Children’s Advocacy Center (NCAC) have partnered to release a digital series to educate parents and caretakers about sextortion and how they can help prevent kids and teens from being victims. But the commitment does not end there. The USAO continues to prosecute child predators and prevent the proliferation of these abhorrent crimes, but the public’s support is needed help protect our children from exploitation.
“Engaged parents and teachers are our first-line defense against child predators,” said U.S. Attorney Prim Escalona. “I am happy to come alongside the NCAC to educate parents on such an important topic. As your U.S. Attorney and a mother of four, I encourage parents to put in as many safeguards as they can when it comes to their children using devices. The technological advancements of camera phones - the ease and norm these days of snapping, sharing, and posting images on the various of social media platforms and apps that our youth have access to – has created an opportunity for those with nefarious intentions to take full advantage. Together, we can create a shield of protection around our children and ensure their well-being.”
“Young people are vulnerable to sextortion for many reasons that we will discuss throughout this video series,” said NCAC CEO Chris Newlin. “Emerging research tells us 60% of the victims know the perpetrator, and these victims are more often male than female. Through our collaboration with the U.S. Attorney’s Office, we hope to empower parents with vital tools to guide children through the natural curiosity surrounding sexuality while safeguarding them from people who use these curiosities to cause harm.”
This series offers three-to-five-minute videos about current online safety topics and provides essential information about the true dangers of online activities. Presentations from individuals familiar with sextortion and the impact on victims share diverse strategies and resources that parents and caregivers can use to protect their children. The presenters will include leaders from various federal, state, and local agencies. Parents will learn how to start the dialog about sextortion with their child and how to best respond to a child who comes forward to report sextortion. Parents will be informed on who to contact for help if their child has potentially been affected by sextortion or online child sexual abuse. Importantly, the series will explore potential mental health repercussions and explain what to do if a child needs that type of help after being targeted.
A new video will be released every Monday in April.
Monday, April 1 – U.S. Attorney Prim Escalona, Sextortion and the Internet
Monday, April 8 – USAA Deputy Director Trisha Mellberg Cater, Sextortion and Cyberbullying
Monday, April 15 – Alabama Department of Child Abuse and Neglect Prevention Director Sallye Longshore, Talking with Your Child About Sextortion
Monday, April 21 – ANCAC Executive Director Lynn Bius, Sextortion and the Suicide Risk
Monday, April 28 – NCAC CEO Chris Newlin, Sextortion and Youth Vulnerabilities
The videos can be accessed from the following locations:
nationalcac.org/sextortion-prevention/
https://www.youtube.com/@nationalcac
Anyone can become a victim. The Northern District of Alabama and the National Children’s Advocacy Center strive to safeguard all children. To help protect your children from online predators, we encourage parents to:
- Tell your children to avoid communicating with strangers online.
- Explain to your children that sometimes predators will offer them gifts in exchange for them taking and sending sexually explicit images or videos. Sometimes, the predators will make threats. Parents should explain to their children that these are strategies abusers use to get what they want, and if this happens, the child should not feel guilty. Instead, they should tell a parent or other trusted adult.
- To the extent possible, educate yourself about the internet tools your children use. For example, set up your child’s specific profile on cellphones, iPads, and computer devices to limit the websites and content your child can access, and have a weekly “usage” sheet sent to you for that profile. Make sure your children use privacy settings to restrict access to their online profiles.
- Check your children’s social media and gaming profiles and posts. Talk to your children about what is appropriate to say or share.
- Remind your child the world can see what they publicly post on the internet, people can share those posts, and that images can never be fully erased.
Federal offenses charged as a result of sextortion and the sexual exploitation of children are serious federal crimes, carrying severe penalties for offenders and potentially long-term impacts for victims. Some violations carry a maximum sentence of life in prison. The U.S. Attorney’s Office has prosecuted and continues to prosecute child exploitation cases in the Northern District of Alabama.
In May 2006, the Department of Justice launched a nationwide initiative called Project Safe Childhood to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
We encourage anyone who suspects or has information regarding trafficking of minors, sextortion, child pornography or any other means of child exploitation to immediately contact law enforcement. You can file a report on the National Center for Missing & Exploited Children (NCMEC)’s website at www.cybertipline.com, call 1-800-843-5678.
U.S. Attorney’s Office Launches Second Operation Aimed at Prosecuting Child PredatorsRead the Press Release
TULSA, Okla. – Today, U.S. Attorney Clint Johnson announced the launch of Operation Clean Sweep II. This operation is aimed at holding accountable child predators throughout the Northern District of Oklahoma.
Operation Clean Sweep II is partnered with the Tornado Alley Child Exploitation and Trafficking Task Force (TACETT) created by Homeland Security Investigations (HSI). More than 40 federal, state, and tribal law enforcement committed resources to help prevent, identify, investigate and ultimately prosecute child exploitation.
“Statistics show that crimes against children are growing at a large rate across the country,” said U.S. Attorney Clint Johnson. “The Northern District of Oklahoma will remain steadfast in our battle against child predators and those who exploit children.”
“Operations of this magnitude are necessary to identify and prosecute those who exploit children in our community,” said Robert Melton, Assistant Special Agent in Charge, HSI Dallas – Oklahoma and Texas Panhandle Division. “HSI is committed to working with federal, state, and tribal partners to ensure those who victimize children are held accountable for their actions.”
The operation’s first 11 defendants were arrested and charged with:
- Timothy Don Major, Jr., 34 of Tulsa is charged with Coercion and Enticement of a Minor; Receipt of Child Pornography; Possession of Child Pornography in Indian Country.
- Nicholas Kyle Dietzel, 43, of Tulsa is charged with Attempted Aggravated Sexual Abuse of a Minor Under 12 Years of Age; Attempted Interstate Travel with Intent to Engage in Illicit Sexual Conduct with a Person Under 18 Years of Age; Attempted Coercion and Enticement of a Minor; Attempted Distribution of Child Pornography to a Minor; Receipt and Distribution of Child Pornography; Possession of Child Pornography in Indian Country.
- Sequoyah Hinzo, 29, of Jay, a United Keetoowah Band of Cherokee Indians Tribe member, is charged with Aggravated Sexual Abuse of a Minor Under 12 Years of Age in Indian Country (Counts 1 and 2); Aggravated Sexual Abuse of a Minor by Force and Threat in Indian Country (Count 3); Coercion and Enticement of a Minor (Count 4); Receipt and Distribution of Child Possession of Child Pornography in Indian Country (Count 5) Possession of Child Pornography in Indian Country (Count 6).
- Lorenzo Ricky Jones, 34, of Tulsa, is charged with Failure to Register as a Sex Offender
- Kevin Lee Forney, 63, of Skiatook, is charged with Receipt and Distribution of Child Pornography; Possession of Child Pornography
- Justin Lee Wheeler, 41, of Terlton, and member of the Choctaw Nation of Oklahoma, Attempted Coercion and Enticement of a Minor
- Tallo Dominic Williams, 48, of Bristow, is charged with Failure to Register as a Sex Offender
- Bryon Alan Lee, 31, of Sapulpa and a member of the Cherokee Nation, is charged with Production of Child Pornography; Receipt and Distribution of Child Pornography; Possession of Child Pornography in Indian Country; Commission of Felony Sex Offense Involving a Minor by a Registered Sex Offender.
- Brandon Earl Presley, 29, of Bixby, is charged with Sexual Abuse of a Minor in Indian Country; Production of Child Pornography; Possession of and Access with Intent to View Child Pornography
- Jason Wayne Case, 43, of Miami, is charged with Receipt and Distribution of Child Pornography; Possession of and Access with Intent to View Child Pornography
- Kyle Jackson Fugate, 26 of Bixby, is charged with Attempted Coercion or Enticement of a Minor
The National Center for Missing & Exploited Children’s (NCMEC) CyberTipline is the nation’s centralized reporting system for the online exploitation of children. Since its inception in 1998, the NCMEC’s CyberTipline has received more than 144 million reports.
Statistics from 2023 provided by NCMEC show the following:
- The CyberTipline received more than 36.2 million reports which is a dramatic increase from 2019 when they received 16 million reports.
- The largest category reported in 2023 is related to suspected child sexual abuse material.
- An increase of 300% in online enticement reports between 2021 – 2023. This increase was due to the trend of financial sextortion, where offenders aggressively blackmail children for financial gain.
- More than 4,700 reports of child sexual abuse material were generated using GAI (AI) technology
To combat the dramatic increase of exploitation of children, in December 2022, NCMEC launched a groundbreaking platform, Take It Down. This free and anonymous service allows users to submit a report online. This report can help remove online nude, partially nude, or sexually explicit photos and videos that depict a child under 18 years old. For example, if a child sent a picture to someone and now that person is threatening to post it online. Whether the photo is posted or not, Take It Down helps remove it from places it might appear.
Operation Clean Sweep II is led by Deputy Criminal Chief Christopher J. Nassar and Assistant U.S. Attorney Ashley Robert. The TACETT incorporates personnel from HSI Tulsa, Oklahoma State Bureau of Investigations, Oklahoma Bureau of Narcotics, Tulsa County Sheriff’s Office, Tulsa Police Department, Oklahoma Attorney General’s Office, Rogers County Sheriff’s Office, LeFlore County District Attorney’s Office, Muskogee Police Department, Tulsa County District Attorney’s Office, Pryor Creek Police Department, Skiatook Police Department, Broken Arrow Police Department, Wagoner County Sheriff’s Office, Collinsville Police Department, Owasso Police Department, Mayes County Sheriff’s Office, Cherokee Nation Marshal Service, Checotah Police Department, Sapulpa Police Department, Bristow Police Department, Glenpool Police Department, Tahlequah Police Department, Coweta Police Department, Muscogee Creek Nation Lighthorse Police Department, Osage County Sheriff’s Office, McCurtain County Sheriff’s Office, and the U.S. Attorney’s Office.
Each case listed above is 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. The U.S. Attorneys' Offices and Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.
If you or someone you know is a victim of child exploitation confidential help is available. Resources and contact information for child exploitation are available through the National Center for Missing and Exploited Children. The CyberTipline can be found here.
An indictment or criminal complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Two Warner Bros. Discovery Directors Resign after Justice Department Expresses Antitrust ConcernsRead the Press Release
The Justice Department announced today that two directors of Warner Bros. Discovery Inc. (WBD) have resigned from the WBD board after the Antitrust Division expressed concerns that their positions on both the WBD and Charter Communications Inc. boards violated Section 8 of the Clayton Act (Section 8). Section 8, which Congress made a per se violation of the antitrust laws, prohibits the same person or company from serving simultaneously on the boards of competitors, subject to limited exceptions. The division’s enforcement efforts to date have unwound or prevented interlocks involving at least two dozen companies.
Charter, through its Spectrum cable service, and WBD, including through its Max streaming subscription services, both provide video distribution services to customers. Representatives of the privately-held media company Advance Publications Inc. (Advance) had designees on both Charter’s and WBD’s boards of directors.
“Today’s announcement is a win for consumers,” said Deputy Assistant Attorney General Michael Kades of the Justice Department’s Antitrust Division. “In enacting Section 8 of the Clayton Act, Congress was concerned that competitors who shared directors would compete less vigorously to provide better services and lower prices. We will continue to vigorously enforce the antitrust laws when necessary to address overreach by corporations and their designated agents.”
WBD is a Delaware multimedia corporation headquartered in New York. Among other things, it produces, licenses and distributes films and television programs, operates domestic and international television networks and provides premium pay television and streaming services.
Charter is a Delaware telecommunications and media company headquartered in Stamford, Connecticut. It provides cable television, internet and telephone services through its Spectrum brand and operates numerous news and sports networks.
Anyone with information about potential interlocking directorates or any other potential violations of the antitrust laws is encouraged to contact the Antitrust Division’s Citizen Complaint Center at 1- 888-647-3258 or [email protected].
Two More Defendants Plead Guilty to Roles in Methamphetamine Trafficking OrganizationRead the Press Release
HUNTINGTON, W.Va. – Today, Gary Diaz, also known as “Poppy,” 66, of Nitro, pleaded guilty to possession with intent to distribute 50 grams or more of methamphetamine and Thomas Shane Holland, 54, of Salt Rock, pleaded guilty to possession with intent to distribute methamphetamine. Diaz and Holland each admitted to their roles in a drug trafficking organization (DTO) responsible for distributing large quantities of methamphetamine and fentanyl in the Southern District of West Virginia.
According to court documents and statements made in court, on November 15, 2023, law enforcement officers executed a search warrant at Diaz’s residence in Nitro and seized multiple bags of methamphetamine and a loaded Diamondback DB 9mm pistol. A forensic analysis later confirmed that the seized methamphetamine included 6.32 grams that was 100 percent purity, 55.76 grams that was 91 percent purity and 871.7 grams that was 75 percent pure. Diaz admitted to possessing the methamphetamine and the firearm and further admitted that he intended to distribute the methamphetamine.
Diaz participated in the DTO from approximately November 2022 through November 2023. Diaz admitted that he received a total of at least 30 pounds of methamphetamine for distribution during this period. Diaz commonly obtained the methamphetamine on consignment, paying for it after it was distributed. Diaz admitted that he received at least 1 pound and as much as 2 pounds at a time during the final six months of his participation in the conspiracy.
Holland admitted to buying approximately 16 grams of methamphetamine from co-defendant Derrell Cashawn Massey outside a Huntington gas station on October 18, 2023. Holland further admitted to arranging the transaction with Massey beforehand by phone. Following the transaction, law enforcement officers conducted a traffic stop of a vehicle in which Holland was a passenger. Officers found the methamphetamine in a container beside Holland in the vehicle during the traffic stop. Holland admitted that he intended to distribute the 16 grams of methamphetamine.
Diaz is scheduled to be sentenced on July 15, 2024, and faces a mandatory minimum of 10 years and up to life in prison, at least five years of supervised release, and a $10 million fine.
Holland is scheduled to be sentenced on July 31, 2024, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
Diaz and Holland are among 27 individuals indicted in a 53-count indictment that charges the defendants with distributing methamphetamine and fentanyl transported from Detroit, Michigan, in Huntington and other locations within the Southern District of West Virginia.
Diaz and Holland are among 13 defendants who have pleaded guilty in the main case. One other of the 27 indicted individuals pleaded guilty to a related offense in a separate case. The indictment against Massey and the remaining defendants is pending. An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Cabell County Sheriff’s Department, the Drug Enforcement Administration (DEA), the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the U.S. Postal Inspection Service. MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.
United States District Judge Robert C. Chambers presided over the hearings. Assistant United States Attorneys Joseph F. Adams and Stephanie Taylor are prosecuting the case.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
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-180.
Two Individuals Indicted for Distributing Heroin and Fentanyl that Caused the Death of Transgender ActivistRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, a four-count indictment was unsealed charging Michael Kuilan and Antonio Venti with distributing the heroin and fentanyl that caused the death of New York transgender activist, Cecilia Gentili. Kuilan is also charged with unlawful gun possession. Kuilan and Venti are in custody and are scheduled to be arraigned this afternoon before United States Magistrate Judge Lois Bloom.
Breon Peace, United States Attorney for the Eastern District of New York, Frank A. Tarentino, III, Special Agent-in-Charge, Drug Enforcement Administration (DEA) and Edward A. Caban, Commissioner, New York City Police Department (NYPD), announced the charges.
“Cecilia Gentili, a prominent activist and leader of the New York transgender community was tragically poisoned in her Brooklyn home from fentanyl-laced heroin. Today, the alleged perpetrators who sold the deadly dose of drugs to Gentili have been arrested,” stated United States Attorney Peace. “Fentanyl is a public health crisis. Our Office will spare no effort in the pursuit of justice for the many New Yorkers who have lost loved ones due to this lethal drug.”
“Today’s indictment delivers a strong message to anyone who profits from poisoning our communities with illicit drugs: There are dedicated investigators, across multiple agencies, working tirelessly to disrupt your shameful industry by pinpointing the source of these unlawful substances,” stated NYPD Commissioner Caban. “It is imperative that we continue to hold distributors accountable for their callous actions. I commend the NYPD’s partners at the DEA and the office of the U.S. Attorney for the Eastern District of New York for their ongoing commitment to this critical mission.”
“These arrests result in the charges brought against the defendants for causing the death of transgender rights activist Cecilia Gentile. Drug poisonings take too many lives too soon from communities nationwide and DEA is committed to bringing to justice those responsible. Fentanyl is a deadly drug that dealers mix into their product and has accounted for 70% of drug related deaths nationwide. The more people that know about the dangers of today’s drug landscape, the more lives can be saved” stated Special Agent in Charge Frank Tarentino of the Drug Enforcement Administration - New York Division “The death of Ms. Gentile is a reminder of the dangers that illicit drugs have on all communities, including the LGBTQ+ community. I applaud the hard work by the DEA New York Division, NYPD Brooklyn South Narcotics and the U.S. Attorney’s Office Eastern District of New York.”
According to the indictment and court documents, on February 6, 2024, following a 911 call by Gentili’s partner, NYPD officers reported to Gentili’s home in Brooklyn, New York and found Gentili dead in her bedroom. Gentili died due to the combined effect of fentanyl, heroin, xylazine, and cocaine. Text messages, cell site data, and other evidence revealed that Venti sold the fentanyl and heroin mixture to Gentili on February 5, 2024, and Kuilan supplied Venti with those lethal narcotics.
In addition, law enforcement searched an apartment in Williamsburg, Brooklyn belonging to Kuilan and found hundreds of baggies of fentanyl, a handgun, and ammunition.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty. If found guilty, they face up to life in prison.
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant U.S. Attorney Adam Amir is in charge of the prosecution, with the assistance of Paralegal Specialist Samuel Ronchetti.
The Defendants:
MICHAEL KUILAN
Age: 44
Brooklyn, New YorkANTONIO VENTI
Age: 52
West Babylon, New YorkE.D.N.Y. Docket No. 24-CR-130 (BMC)
Twin Cities Felon Charged with Illegal Possession of a FirearmRead the Press Release
MINNEAPOLIS – A Twin Cities man has been charged with illegal possession of a firearm, announced United States Attorney Andrew M. Luger.
According to court documents, on October 7, 2022, Salvador Anthony Pacheco, 45, knowingly possessed a Kahr .45 caliber semi-automatic pistol. Because Pacheco has prior felony convictions, including assault, weapons violations, and murder, he is prohibited under federal law from possessing firearms or ammunition at any time.
The indictment charges Pacheco with one count of possessing a firearm as a felon. Pacheco made his initial appearance before Magistrate Judge Elizabeth Cowan Wright in U.S. District Court on March 29, 2024.
This case is the result of an investigation conducted by the FBI Headwaters Safe Trails Task Force, the Minnesota Bureau of Criminal Apprehension, and the Minnesota State Patrol.
Assistant U.S. Attorney Campbell Warner is prosecuting the case.
An indictment is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Tiverton Man Admits to Enticing, Transporting a Minor to Engage in Criminal Sexual ActivityRead the Press Release
PROVIDENCE, RI – A Tiverton man admitted to a federal judge that he enticed a 13-year-old girl he knew to be a minor to travel with him from her home in Pennsylvania to his family’s residence in Rhode Island, during which time he engaged in criminal sexual activity with her, announced United States Attorney Zachary A. Cunha.
William C. Stewart, 22, pleaded guilty on Friday to charges of enticement of a minor to engage in criminal sexual activity, transportation of a minor with intent to engage in criminal sexual activity, and interstate travel with intent to engage in illicit sexual conduct.
Stewart admitted that on June 17, 2021, he began communicating with the minor victim via SnapChat, quickly learning that she was 13 years old. During his ongoing communications, he persuaded the young girl to engage in unlawful sexual activity.
Stewart admitted that in the middle of the night on June 30, 2021, he picked the girl up from outside her home and began to drive with her to his home in Tiverton, Rhode Island for the purpose of engaging in sexual activity with her. Stewart drove with the girl through Pennsylvania, New Jersey, New York, Connecticut, and Rhode Island. While enroute to Rhode Island, Stewart stayed at a hotel in New London, Connecticut, where he engaged in sexual activity with the minor victim. According to court documents, after arriving in Rhode Island, Stewart also engaged in sexual activity with the minor female.
According to information presented to the court, upon arrival at his family’s Tiverton residence on July 4, 2021, Stewart introduced the minor victim to his family members, using a false name for her and falsely stating that she was soon to turn 19 years old. On July 7, the young girl contacted a friend via SnapChat and asked for help, after which the Tiverton Police identified the minor victim’s location and responded to Stewart’s home.
Stewart is scheduled to be sentenced on June 18, 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.
The case is being prosecuted by Assistant U.S. Attorneys G. Michael Seaman and Denise M. Barton.
The investigation was conducted by the FBI, Tiverton Police Department, and Pennsylvania State Police.
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Thirteen Members of a Drug Trafficking Conspiracy Involving Louisiana State Penitentiary Inmates, Former Angola Guards, and Other Sentenced to Federal PrisonRead the Press Release
United States Attorney Ronald C. Gathe, Jr. announced the sentencing of thirteen individuals by Chief Judge Shelly D. Dick in connection with an extensive federal, state, and local investigation by the Middle District Organized Crime and Drug Enforcement Task Force (OCDETF) aimed at a large-scale cocaine, heroin, marijuana, and methamphetamine trafficking network based in the Louisiana State Penitentiary at Angola, with suppliers in East Baton Rouge Parish, Louisiana, and Colton, California.
Michael Augustine, age 44, of Erath, Louisiana, was sentenced to 51 months imprisonment in federal prison following his conviction for conspiracy to distribute and possess with intent to distribute marijuana and methamphetamine. The Court further sentenced Augustine to serve three years of supervised release following his term of imprisonment.
Arthur Basaldua, age 44, of Angola, Louisiana, was sentenced to 192 months imprisonment in federal prison following his conviction for conspiracy to distribute and possess with intent to distribute cocaine, heroin, marijuana, and methamphetamine. The Court further sentenced Basaldua to serve five years of supervised release following his term of imprisonment.
Manuel Cadena, age 44, of Hesperia, California, was sentenced to 48 months imprisonment in federal prison following his conviction for conspiracy to distribute marijuana and methamphetamine. The Court further sentenced Cadena to serve four years of supervised release following his term of imprisonment.
Michael Cadena, age 33, of Hesperia, California, was sentenced to 48 months imprisonment in federal prison following his conviction for conspiracy to distribute marijuana and methamphetamine. The Court further sentenced Cadena to serve three years of supervised release following his term of imprisonment.
Jeffery Day, age 38, of Centreville, Mississippi, was sentenced to 57 months imprisonment in federal prison following his conviction for conspiracy to distribute methamphetamine. The Court further sentenced Day to serve three years of supervised release following his term of imprisonment.
Deanthony Ford, age 37, of Angola, Louisiana, was sentenced to 151 months imprisonment in federal prison following his conviction for conspiracy to distribute and possess with intent to distribute cocaine, heroin, marijuana, and methamphetamine. The Court further sentenced Ford to serve five years of supervised release following his term of imprisonment.
Joshua Gonzalez, age 40, of Angola, Louisiana, was sentenced to 72 months imprisonment in federal prison following his conviction for conspiracy to distribute and to possess with intent to distribute cocaine, heroin, marijuana, and methamphetamine. The Court further sentenced Gonzalez to serve five years of supervised release following his term of imprisonment.
Jared Graham, age 34, of Angola, Louisiana, was sentenced to 126 months imprisonment in federal prison following his conviction for conspiracy to distribute and to possess with intent to distribute marijuana and methamphetamine. The Court further sentenced Graham to serve four years of supervised release following his term of imprisonment.
Xavier Johnson, age 39, of Baton Rouge, Louisiana, was sentenced to 80 months imprisonment in federal prison following his conviction for conspiracy to distribute and to possess with intent to distribute cocaine, heroin, marijuana, and methamphetamine. The Court further sentenced Johnson to serve three years of supervised release following his term of imprisonment.
Dudley Melancon, age 35, of Angola, Louisiana, was sentenced to 72 months imprisonment in federal prison following his conviction for conspiracy to distribute marijuana and methamphetamine. The Court further sentenced Melancon to serve three years of supervised release following his term of imprisonment.
Ismael Ochoa, age 37, of Riverside, California, was sentenced to 90 months imprisonment in federal prison following his convictions for conspiracy to distribute and to possess with intent to distribute cocaine, heroin, marijuana, and methamphetamine and unlawful travel in the aid of racketeering enterprise. The Court further sentenced Ochoa to serve three years of supervised release following his term of imprisonment.
Kevin Narcisse, age 38, of Angola, Louisiana, was sentenced to 60 months imprisonment in federal prison following his conviction for conspiracy to distribute and to possess with intent to distribute cocaine, heroin, marijuana, and methamphetamine. The Court further sentenced Narcisse to serve five years of supervised release following his term of imprisonment.
Nelson Tippen, age 44, of Angola, Louisiana, was sentenced to 48 months imprisonment in federal prison following his conviction for conspiracy to distribute and to possess with intent to distribute cocaine, heroin, marijuana, and methamphetamine. The Court further sentenced Tippen to serve three years of supervised release following his term of imprisonment.
Through their pleas, the defendants admitted involvement in a conspiracy to distribute cocaine, heroin, marijuana, and methamphetamine between February 2017 and May 2019. During that time, the defendants worked in concert with each other to obtain and distribute controlled substances in the Louisiana State Penitentiary at Angola and elsewhere through the use of correctional officers and other non-incarcerated individuals, and with the intent to profit from the distribution of these controlled substances. Most of the controlled substances distributed by this drug trafficking network were shipped to addresses in Baton Rouge from individuals in California.
U.S. Attorney Gathe stated, “The sentencing of these 13 defendants is evidence of our commitment to dismantling large-scale criminal conspiracies and drug trafficking networks. With the use of federal, state, and local partnerships we identified individuals from California to Louisiana and were able to hold them accountable for their narcotics distribution through Angola State Penitentiary. The collaborative efforts into OCDETF investigations reduces the availability of illegal narcotics in our communities, and we will continue this approach to fetter out organized crime in our district.”
“The FBI’s goal is to identify and target criminal enterprises and other groups engaged in drug trafficking. Today, justice was served to those who chose to traffic and distribute illicit narcotics in Angola State Penitentiary. I want to thank the efforts and collaboration of the United States Attorney's Office, the United States Postal Inspection Service, The Bureau of Alcohol, Tobacco, Firearms and Explosives, as well as the Louisiana Department of Corrections, the Louisiana State Police, and St. Francisville Police Department who worked tirelessly to dismantle this criminal enterprise,” stated the FBI Special Agent in Charge Lyonel Myrthil. “I assure you, the FBI will continue to enforce the laws and intervene when drug traffickers distribute narcotics on the streets or in the prison system.”
This investigation was led by the Federal Bureau of Investigation and the United States Postal Inspection Service, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Louisiana Department of Corrections, the Louisiana State Police, and the St. Francisville Police Department. The case was prosecuted by First Assistant United States Attorney April Leon Johnson and Assistant United States Attorney Paul L. Pugliese.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Shiprock Man Charged with Involuntary ManslaughterRead the Press Release
ALBUQUERQUE – A Shiprock man is facing federal charges for killing two people and seriously injuring a third in a head-on collision while driving under the influence of alcohol. Brian Gonnie, 44, an enrolled member of the Navajo Nation., is charged with two counts of involuntary manslaughter and one count of assault resulting in serious bodily injury.
The indictment alleges that on December 1, 2023, Gonnie operated a motor vehicle without due caution and with a wanton and reckless disregard for human life, resulting in the deaths of John Doe 1 and John Doe 2, and assault resulting in serious bodily injury of John Doe 3.
Gonnie appeared in federal court for an arraignment today and will remain on conditions of release pending trial. If convicted, Gonnie faces up to 10 years in prison.
U.S. Attorney Alexander M.M. Uballez, Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
This case is being investigated by the Farmington Resident Agency of the FBI Albuquerque Field Office with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations and the New Mexico State Police. Assistant United States Attorney Jesse Pecoraro is prosecuting the case.
View the IndictmentAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Shelby County Man Indicted for Offenses Relating to Child Pornography, Encouraging Illegal Entry into the United States, and Making False Statements to a Federal AgencyRead the Press Release
LEXINGTON, Ky.— In a federal indictment, returned on March 21, 2024 and unsealed Thursday, Natividad Aguilera Garcia, 37, of Shelbyville, Ky., was charged with one count of production of child pornography, one count of receipt of child pornography, one count of online enticement of a minor to engage in prohibited sexual activity, one count of transportation of a minor to engage in prohibited sexual activity, one count of encouraging illegal entry, one count of making a false statement to a federal agency, and one count of presenting a false document to a federal agency.
The indictment alleges that, beginning on May 1, 2021, Garcia enticed a minor (“Minor A”) to engage in prohibited sexual activity, produced and received sexually explicit visual depictions of Minor A, and transported Minor A in interstate or foreign commerce for the purpose of prohibited sexual activity. The indictment further alleges that Garcia induced three aliens, including Minor A, to illegally enter the United States. Following Minor A’s illegal entry, the indictment alleges that Garcia made false statements and used false documents in an application to the Office of Refugee Resettlement (“ORR”), the subdivision of Health and Human Services that oversees the care of unaccompanied migrant children, claiming that he was Minor A’s uncle, knowing that he was not.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Rana Saoud, Special Agent in Charge, Homeland Security Investigations, Nashville Field Office; Jason E. Meadows, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General, Dallas Regional Office; Col. Phillip J. Burnett, Jr., Commissioner of the Kentucky State Police; and Chief Bruce Gentry, Shelbyville Police Department, jointly announced the indictment.
The investigation preceding the indictment was conducted by HSI, HHS-OIG, Kentucky State Police, and Shelbyville Police Department. The indictment was presented to the grand jury by Assistant U.S. Attorney Mary Melton.
Garcia appeared in federal court for his arraignment on Monday. For the production charge, he faces a minimum of 15 years in prison and a maximum of 30 years. However, any sentence following a conviction would be imposed by the Court, after consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.
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Romanian National Sentenced to More Than 6 Years in Prison for Leading Scheme that Stole Benefits from Low-Income FamiliesRead the Press Release
LOS ANGELES – A Romanian man has been sentenced to 75 months in federal prison for leading a group that used illegal skimmers on ATMs to harvest data, created counterfeit debit cards using the stolen account holder information, then used the cloned cards to make cash withdrawals from numerous victims, including low-income individuals on public assistance, the Justice Department announced today.
Marius Oprea, 38, who most recently was residing in a short-term rental property in Port Hueneme, was sentenced late Friday by United States District Judge Maame Ewusi-Mensah Frimpong. In addition to the prison term, Judge Frimpong ordered Oprea to pay $28,974 in restitution.
Oprea – whom prosecutors believe illegally entered the United States – pleaded guilty in June 2023 to one count of conspiracy to commit bank fraud, admitting that he and his accomplices used counterfeit cards to fraudulently make withdrawals from the accounts of numerous victims.
Using an alias, Oprea received sophisticated skimming devices shipped to a mail drop he rented, lived in a short-term residence, and maintained the master list of stolen account information, according to a sentencing memorandum filed by prosecutors that called the criminal crew “unusually professional.”
The skimming ring focused on Bank of America accounts, which provides debit cards for California anti-poverty programs, including those providing benefits for unemployed and disabled individuals.
“[T]he individuals whose accounts are looted most frequently are those who depend on government payments to survive,” according to declaration by an FBI agent.
“[Oprea] illegally entered our country for one purpose – to take advantage of the weaker ATM security here, which does not require cards containing computer chips,” according to the government’s sentencing memorandum. “He pursued fraud like a full-time job, netting thousands of victims’ accounts.”
The FBI investigated this case and received significant assistance from the Ventura County District Attorney’s Office and the Los Angeles County Sheriff’s Department.
Assistant United States Attorney Andrew Brown of the Major Frauds Section prosecuted this case.
This case is the product of an investigation by the Vulnerable Communities Task Force, which is focused on investigating and prosecuting individuals and entities that prey on communities that typically are less likely to report crimes to law enforcement and historically have had less legal recourse to address the offenders targeting them. These groups may include immigrants and migrant workers defrauded in immigration schemes, indigent individuals reliant on public benefits, the elderly, and those who have been reluctant to seek assistance from government authorities.
Pembroke Township Man Convicted of Filing False Tax ReturnsRead the Press Release
Urbana, Ill. – A federal jury returned guilty verdicts on 3 offenses on March 28, 2024, against Larry Dean Gibbs, 64, of E. 6000 Road in Pembroke Township, Illinois, for Filing False Federal Income Tax Returns. Sentencing for Gibbs has been scheduled for July 17, 2024, at the U.S. Courthouse in Urbana, Illinois.
During two days of testimony, the government presented evidence to establish that, in January of 2017, Gibbs filed three federal income tax returns for the tax years 2012, 2013, and 2014, each falsely claiming that he had earned $10 million in annual income from the “Larry Dean Gibbs Estate.” Gibbs further falsely claimed that the IRS withheld over $3 million per year from his earnings each year and that he was entitled to refunds totaling over $6.8 million. In contemporaneous filings, Gibbs claimed that he had changed his name to Mulumbua Humraukn El Taikem Bey and that he was the Ambassador for the Al Moroccan Empire National Republic, which is not officially recognized by the U.S. State Department. At the time Gibbs filed the three false tax returns, he had just been released from federal prison for a prior conviction for filing a false federal tax return in 2005, when he had obtained a $66,282 refund to which he was not entitled.
“With the collaborative efforts of our law enforcement partners, the United States Attorney’s Office will continue to protect our society by actively prosecuting individuals who defraud the government and, ultimately, honest taxpayers” said U.S. Attorney Gregory K. Harris.
“This verdict is an appropriate outcome to the fraud that Larry Gibbs committed against the U.S. Treasury. Instead of learning from his prior conviction for tax fraud, Gibbs decided to flaunt the Internal Revenue Code, yet again,” said Justin Campbell, Special Agent in Charge, IRS Criminal Investigation, Chicago Field Office. “We look forward to the conclusion of this case at sentencing.”
“This conviction demonstrates the FBI’s commitment to working with our federal investigative and prosecutorial partners to hold defendants accountable for their fraud schemes,” said Robert W. “Wes” Wheeler Jr., Special Agent in Charge of the Chicago Division of the FBI. “We will continue to take strong action against those who seek to profit illegally from the theft of taxpayer dollars.”
Gibbs remains released on conditions of bond, which includes home detention, pending sentencing.
At sentencing, Gibbs faces statutory penalties of up to three years of imprisonment and a $100,000 fine on each of the three counts of conviction.
The case investigation was conducted by the Internal Revenue Service Criminal Investigation Division and Federal Bureau of Investigation, Chicago Field Office. Supervisory Assistant United States Attorney Eugene L. Miller represented the government at trial.
New Haven Man Sentenced to 14 Years in Federal Prison for Gunpoint Robberies, CarjackingRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that CHRISTIAN BORRERO, 20, of New Haven, was sentenced today by U.S. District Judge Kari A. Dooley in Bridgeport to 168 months of imprisonment, followed by five years of supervised release, for committing gunpoint robberies of convenience stores and an armed carjacking in 2022.
According to court documents and statements made in court, ATF and the New Haven Police Department investigated a series of gunpoint robberies and a carjacking that occurred in late June and early July 2022. The investigation revealed that Borrero committed an armed robbery of a Citgo Gas Station located at 957 Foxon Road in East Haven on June 29, 2022; an armed carjacking followed by an armed robbery of a 7-Eleven Convenience Store located at 1089 Campbell Avenue in West Haven on July 3, 2022; and an armed robbery on an Xpress Mart Gas Station located at 180 Wakelee Avenue in Ansonia on July 7, 2022. In addition, on July 6, 2022, Borrero and his associate, Robert Smith, committed an armed robbery of a Shell Gas Station located at 195 State Street in North Haven.
Borrero has been detained since July 13, 2022. On January 3, 2024, he pleaded guilty to two counts of carrying, using, and brandishing a firearm during and in relation to a crime of violence.
On September 28, 2023, Smith, of New Haven, pleaded guilty to one count of aiding and abetting Hobbs Act robbery and one count of aiding and abetting the carrying, using, and brandishing a firearm during and in relation to a crime of violence. He awaits sentencing.
This matter has been investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) with the assistance of the New Haven, East Haven, West Haven, Ansonia, and North Haven Police Departments. The case is being prosecuted by Assistant U.S. Attorney Nathaniel J. Gentile.
U.S. Attorney Avery thanked the State’s Attorneys for the Judicial Districts of New Haven and Ansonia/Milford for their cooperation in investigating and prosecuting this matter.
The prosecution is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Member of Violent New Haven Gang Sentenced to 78 Months in Federal PrisonRead the Press Release
KIVEON HYMAN, also known as “Tiny, ” 26, of New Haven, was sentenced today by U.S. District Judge Victor A. Bolden in New Haven to 78 months of imprisonment, followed by three years of supervised release, for a racketeering offense stemming from his role in a violent New Haven street gang.
Today’s announcement was made by Vanessa Roberts Avery, United States Attorney for the District of Connecticut; John P. Doyle, Jr., State’s Attorney for the New Haven Judicial District; James Ferguson, Special Agent in Charge, ATF Boston Field Division; Robert Fuller, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration for New England; and New Haven Police Chief Karl Jacobson.
According to court documents and statements made in court, in an effort to address violence in New Haven, including murders and attempted murders, the ATF, FBI, DEA and New Haven Police Department, working closely with the U.S. Attorney’s Office and New Haven State’s Attorney’s Office, have been investigating an ongoing gang war between members and associates of the Exit 8 street gang and rival gangs in the Hill section and other areas of the city. The Exit 8 gang is named after the geographic area accessed by exiting Interstate 91 at Exit 8 in New Haven. Recently, younger members of Exit 8 are identifying themselves with the word “Honcho,” which is derived from the street name of an Exit 8 member who was murdered on Quinnipiac Avenue in February 2020.
The investigation revealed that Hyman and other members of the Exit 8 gang engaged in drug trafficking, used, and shared firearms, and, since June 2018, have committed at least three murders and 16 attempted murders. Exit 8 members and associates stole vehicles, at times from outside of the state, and used those stolen vehicles when committing acts of violence. Gang members also promoted, coordinated, facilitated, and celebrated their narcotics distribution and acts of violence through text messaging and the use of social media applications and websites including Facebook, Instagram, Snapchat, and YouTube.
Specifically, on June 16, 2018, Hyman and other Exit 8 members shot at and attempted to kill a member and associate of a rival gang in the area of Fountain Street, Davis Street, and Lakeview Terrace in New Haven. In the shooting, the intended victim’s associate suffered seven gunshot wounds, but survived the attack. Investigators found 15 spent ammunition casings.
Hyman has been detained since his arrest on March 24, 2023. On October 12, 2023, he pleaded guilty to conspiracy to engage in a pattern of racketeering activity.
This investigation is being conducted by ATF, the FBI, the DEA, the New Haven Police Department, and the New Haven State’s Attorney’s Office, with the assistance of the Connecticut State Police and the Connecticut Forensic Science Laboratory. The case is being prosecuted by Assistant U.S. Attorneys Tara E. Levens, Rahul Kale and Jocelyn C. Kaoutzanis.
This prosecution is a part of the Justice’s Department’s Project Safe Neighborhoods (PSN), Project Longevity and Organized Crime Drug Enforcement Task Forces (OCDETF) programs.
PSN is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone. Project Longevity is a comprehensive initiative to reduce gun violence in Connecticut’s major cities. Through Project Longevity, community members and law enforcement directly engage with members of groups that are prone to commit violence and deliver a community message against violence, a law enforcement message about the consequences of further violence and an offer of help for those who want it. OCDETF identifies, disrupts, and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state, and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Marketers and Physicians in Five States Agree to Pay over $1.5 Million to Settle Laboratory Kickback AllegationsRead the Press Release
NEWARK, N.J. – Two laboratory marketers, their marketing companies, and five doctors have agreed to pay over $1.5 million to resolve allegations of False Claims Act allegations of involvement in laboratory kickback schemes in violation of the Anti-Kickback Statute.
U.S. Attorney Philip R. Sellinger“The kickbacks resulted in the submission of fraudulent laboratory testing claims to Medicare. Clinical laboratories, marketing companies, and health care practitioners are on notice that kickback arrangements in any form are not acceptable. No matter how they are named – as a ‘consulting fee,’ ‘commission,’ or otherwise – or whether they are paid through intermediaries, kickbacks undermine the integrity of medical decision making and have no place in our healthcare system. Today’s agreement is yet another example of my office’s commitment to enforcing the False Claims Act and the Anti-Kickback Statute and protecting Medicare from shelling out taxpayer money for reimbursements tainted by improper kickbacks.”
“Kickbacks can harm taxpayer-funded healthcare programs, distort the market for healthcare services and improperly influence healthcare providers’ medical decisions,” Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, said. “We will continue to pursue those involved in illegal kickback schemes, including marketers, doctors, and medical practices.”
“Certain violations of the Anti-Kickback Statute can induce medically unnecessary testing and inappropriately steer medical tests to providers who may not return timely or quality results,” Special Agent in Charge Naomi D. Gruchacz of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), said. “We will continue to work with our law enforcement partners to seek resolutions and effect change to preserve the integrity of the federal health care system.”
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare and other federally funded healthcare programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The Anti-Kickback Statute holds accountable parties on both sides of an impermissible kickback arrangement. The settlements announced today resolve allegations that laboratory marketers and their companies paid or conspired to pay kickbacks to doctors, and that doctors and their companies received kickbacks in return for laboratory referrals. The alleged kickbacks resulted in the submission of false or fraudulent laboratory testing claims to Medicare in violation of the False Claims Act.
The Marketer Settlements
George Carralejo of Yorba Linda, California, and his marketing company, OC Genetic Consultants Inc., agreed to pay $400,000 to resolve allegations that they entered into two illegal schemes to pay kickbacks to doctors for laboratory referrals. From August 2020 to September 2021, Carralejo and his company allegedly conspired with a South Carolina marketer, Ralston Health Group Inc., to pay kickbacks disguised as consulting and medical director fees to a doctor in Houston, Texas. Carralejo and his company paid the kickbacks in order to induce the doctor to order laboratory testing from RDx Bioscience Inc. (RDx), a clinical laboratory in Kenilworth, New Jersey, and NEXT Bio-Research Services LLC, doing business as NEXT Molecular Analytics (Next Molecular), a clinical laboratory in Chester, Virginia. Carralejo’s company and Ralston allegedly profited from the kickback scheme in the form of commissions from RDx and Next Molecular based on the Houston doctor’s referrals.
From October 2021 to October 2022, Carralejo and his company allegedly conspired with a Texas marketer to pay kickbacks disguised as consulting fees to induce a doctor in Little Rock, Arkansas to order RDx laboratory testing. The settlement resolves allegations that Carralejo provided commission numbers to the Arkansas doctor or her staff so that she could prepare false consulting invoices to disguise both the reason for the Texas marketer’s payments (to induce referrals, not for consulting work) and the calculation of such payments (based on reimbursements from her referrals, not hourly pay for consulting work). Carralejo allegedly tried to hide his role in the fraud scheme by deleting related text messages on the day he and the Texas marketer received subpoenas from the Department of Justice.
Michael Jeresaty of Daniel Island, South Carolina, and his company, Ralston, agreed to pay $320,000 for allegedly paying kickbacks to the Houston physician referenced above and to a South Carolina doctor who previously settled related allegations. The Department of Justice previously settled with RDx allegations relating to Carralejo’s and Jeresaty’s kickback schemes.
The Physician Settlements
The settlements announced today also resolve allegations that four physicians and related entities received kickbacks in violation of the Anti-Kickback Statute from purported management service organizations (MSOs) in return for making referrals to laboratories in Florida and Texas.
- Dr. Paul Bierig agreed to pay $120,634 to resolve allegations that from October 2016 to June 2022, he and his medical practice, Paul C. Bierig, M.D., P.A., received thousands of dollars in payments from Avior Group LLC and other purported MSOs, including Infinity One Health Group MSO LLC and Infinity Three Health Group MSO LLC, in return for ordering laboratory tests from RDx and InHealth Diagnostic LLC doing business as RealLab (InHealth), a clinical laboratory in Dallas, Texas.
- Dr. Mohd Azfar Malik of St. Louis, Missouri, agreed to pay $217,430 to resolve allegations that from January 2019 to March 2020, he and his medical practice, Psych Care Consultants LLC (PCC), received thousands of dollars in payments from a purported MSO, Alari Group LLC (Alari), in return for ordering laboratory tests from Genesis Reference Laboratories LLC (Genesis), a clinical laboratory in Orlando, Florida, and InHealth Diagnostic LLC doing business as RealLab (InHealth), a clinical laboratory in Dallas, Texas. Genesis and InHealth allegedly paid commissions to an independent contractor recruiter, Corum Group LLC (Corum), which used Alari to pay kickbacks to Malik and other healthcare providers in return for their referrals. The Department of Justice previously settled related allegations with Genesis and PCC.
- Dr. Robert Ain of Wichita, Kansas, and his pain management practice, Comprehensive Pain Treatment LLC, agreed to pay $100,632 to resolve allegations that from May 2017 to February 2019, they received thousands of dollars in payments from a purported MSO named Ruthenium Management LLC in return for ordering laboratory tests from Landmark Diagnostics LLC (Landmark), a clinical laboratory in Houston, Texas.
- Dr. Barry Feinberg, Dr. Rachel Feinberg, of St. Louis, and BIF Family Trust, a family trust, agreed to pay $342,466 to resolve allegations that from January 2016 to December 2018, they received thousands of dollars in payments from purported MSOs named ESA Toxicology LLC and Beachwood Services LLC in return for ordering laboratory testing from Landmark.
The parties have agreed to cooperate with the Department of Justice’s investigations of, and litigation against, other participants in the alleged schemes.
The settlements were the result of a coordinated effort between the U.S. Attorney’s Office for the District of New Jersey and the Civil Division’s Commercial Litigation Branch, Fraud Section, with assistance from HHS-OIG.
The government is represented by Assistant U.S. Attorney Kruti Dharia of the U.S. Attorney’s Office, District of New Jersey, Opioid Abuse Prevention and Enforcement Unit and Senior Trial Counsel Christopher Terranova in the Civil Division’s Commercial Litigation Branch (Fraud Section).
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare 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 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlements are allegations only, and there has been no determination of liability.
ralstonjeresaty.settlement.pdf malik.settlement.pdf feinberg.settlement.pdf carralejo.settlement.pdf bierig.settlement.pdf ain.settlement.pdfMarketers and Physicians in Five States Agree to Pay over $1.5 Million to Settle Laboratory Kickback AllegationsRead the Press Release
Two laboratory marketers, George Carralejo of Yorba Linda, California, and Michael Jeresaty of Daniel Island, South Carolina and their marketing companies, as well as five physicians, Dr. Paul Bierig of Plano, Texas, Dr. Mohd Azfar Malik of St. Louis, Missouri, Dr. Robert Ain of Wichita, Kansas and Drs. Barry Feinberg and Rachel Feinberg also of St. Louis, and certain affiliated entities have agreed to pay a total of $1,501,162 to resolve alleged False Claims Act violations arising from their involvement in laboratory kickback schemes. The parties have agreed to cooperate with the Justice Department’s investigations of other participants in the alleged schemes.
“Kickbacks can harm taxpayer-funded healthcare programs, distort the market for healthcare services and improperly influence healthcare providers’ medical decisions,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to pursue those involved in illegal kickback schemes, including marketers, doctors and medical practices.”
The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare and other federally funded healthcare programs. The settlements announced today resolve allegations that laboratory marketers and their companies paid or conspired to pay kickbacks to doctors, and that doctors and their companies received kickbacks in return for laboratory referrals. The alleged kickbacks resulted in the submission of false or fraudulent laboratory testing claims to Medicare in violation of the False Claims Act.
The Marketer Settlements
George Carralejo and his marketing company, OC Genetic Consultants Inc. agreed to pay $400,000 to resolve allegations that they entered into two illegal schemes to pay kickbacks to doctors for their laboratory referrals. First, from August 2020 to September 2021, Carralejo and his company allegedly conspired with a South Carolina marketer, Ralston Health Group Inc. (Ralston), to pay kickbacks disguised as consulting and medical director fees to a doctor in Houston to induce him to order laboratory testing from RDx Bioscience Inc. (RDx), a clinical laboratory in Kenilworth, New Jersey, and NEXT Bio-Research Services LLC, doing business as NEXT Molecular Analytics (Next Molecular), a clinical laboratory in Chester, Virginia. Carralejo’s company and Ralston allegedly profited from the kickback scheme in the form of commissions from RDx and Next Molecular based on the Houston doctor’s referrals.
Second, from October 2021 to October 2022, Carralejo and his company allegedly conspired with a Texas marketer, BeauMed Consultants LLC, to pay kickbacks disguised as consulting fees to a doctor in Little Rock, Arkansas, to induce her to order laboratory tests from RDx. Carralejo allegedly provided commission numbers to the Arkansas physician or her staff, to allow for the preparation of false consulting invoices disguising that the Texas marketer’s payments were designed to reimburse for referrals rather than consulting work and were calculated based on the amount generated by those referrals. Carralejo allegedly tried to hide his role in the fraud scheme by deleting related text messages on the day he and the Texas marketer received subpoenas from the Justice Department.
In addition, Michael Jeresaty and his company, Ralston, agreed to pay $320,000 for allegedly paying kickbacks to the Houston physician referenced above and to a South Carolina doctor who previously settled related allegations involving referrals to RDx. The Justice Department previously settled with RDx allegations relating to Carralejo’s and Jeresaty’s kickback schemes.
The Physician Settlements
The settlements announced today also resolve allegations that five physicians and related entities received kickbacks in violation of the Anti-Kickback Statute from laboratory marketers’ purported management service organizations (MSOs) in return for making referrals to RDx and other laboratories.
- Paul Bierig: Dr. Bierig agreed to pay $120,634 to resolve allegations that from October 2016 to June 2022, he and his medical practice, Paul C. Bierig M.D., P.A., received thousands of dollars in payments from Avior Group LLC and other purported MSOs, including Infinity One Health Group MSO LLC and Infinity Three Health Group MSO LLC, in return for ordering laboratory tests from RDx and InHealth Diagnostic LLC doing business as RealLab (InHealth), a clinical laboratory in Dallas, Texas.
- Mohd Azfar Malik: Dr. Malik agreed to pay $217,430 to resolve allegations that from January 2019 to March 2020, he caused his medical practice, Psych Care Consultants LLC (PCC), to receive thousands of dollars in payments from Alari Group LLC (Alari) in return for ordering laboratory tests from Genesis Reference Laboratories LLC (Genesis), a clinical laboratory in Orlando, Florida, and InHealth. Genesis and InHealth allegedly paid commissions to an independent contractor recruiter, Corum Group LLC (Corum), which used Alari to pay kickbacks to Dr. Malik and other healthcare providers in return for their referrals. The Justice Department previously settled related allegations with Genesis and PCC.
- Robert Ain and Comprehensive Pain Treatment LLC: Dr. Ain and his pain management practice agreed to pay $100,632 to resolve allegations that from May 2017 to February 2019, they received thousands of dollars in payments from a purported MSO named Ruthenium Management LLC in return for ordering laboratory tests from Landmark Diagnostics LLC (Landmark), a clinical laboratory in Houston.
- Barry Feinberg, Dr. Rachel Feinberg and BIF Family Trust: Drs. Feinberg and Feinberg and a family trust agreed to pay $342,466 to resolve allegations that from January 2016 to December 2018, they received thousands of dollars in payments from purported MSOs named ESA Toxicology LLC and Beachwood Services LLC in return for ordering laboratory tests from Landmark.
“The kickbacks resulted in the submission of fraudulent laboratory testing claims to Medicare,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “Clinical laboratories, marketing companies and health care practitioners are on notice that kickback arrangements in any form are not acceptable. No matter how they are named – as a ‘consulting fee,’ ‘commission’ or otherwise – or whether they are paid through intermediaries, kickbacks undermine the integrity of medical decision making and have no place in our healthcare system. Today’s agreement is yet another example of my office’s commitment to enforcing the False Claims Act and the Anti-Kickback Statute and protecting Medicare from shelling out taxpayer money for reimbursements tainted by improper kickbacks.”
“Violations of the Anti-Kickback Statute can induce medically unnecessary testing and inappropriately steer medical tests to providers who may not return timely or quality results,” said Special Agent in Charge Naomi D. Gruchacz of the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “We will continue to work with our law enforcement partners to seek resolutions and effect change to preserve the integrity of the federal health care system.”
The settlements were the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of New Jersey, with assistance from HHS-OIG. Senior Trial Counsel Christopher Terranova of the Civil Division’s Commercial Litigation Branch (Fraud Section) and Assistant U.S. Attorney Kruti Dharia for the District of New Jersey handled the settlements. The United States has recovered over $47 million relating to conduct involving MSO kickbacks to healthcare providers, including False Claims Act settlements with 46 physicians.
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS at 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlements are allegations only. There has been no determination of liability.
Ralston-Jeresaty Settlement Feinberg Settlement Malik Settlement Carralejo Settlement Ain Settlement Bierig Settlement