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Monday 25 March 2024
International Trafficker of Counterfeit Apple Products Sentenced to PrisonRead the Press Release
NEWS RELEASE SUMMARY – March 25, 2024
SAN DIEGO – Zhiwei “Allen” Liao was sentenced in federal court today to 51 months in prison for his role as an organizer and leader of an international conspiracy to traffic in counterfeit Apple products. The defendant was also ordered to forfeit two residences along with $120,370 in U.S. currency and more than 200 Apple devices seized during the investigation.
According to court documents, Zhiwei Liao and his brothers, Zhimin Liao and Zhiting Liao, led an international exchange fraud scheme involving more than 10,000 counterfeit iPhones and iPads. The Liaos imported counterfeit iPhones and iPads from China that looked genuine and included identification numbers (IMEI and serial numbers) matching identification numbers on real iPhones and iPads that were under warranty and had been previously sold to customers in the United States and Canada. At the direction of the Liao brothers, co-conspirators traveled to hundreds of Apple Stores across the United States and Canada, and attempted to exchange counterfeit iPhones and iPads for genuine iPhones and iPads resulting in a loss of $6.1 million to Apple, Inc. Zhiwei Liao then sent the fraudulently obtained, but genuine Apple products primarily to China where they were sold at a premium.
In court today, U.S. District Judge Cynthia Ann Bashant said that a significant prison sentence was appropriate because Zhiwei Liao was the organizer and leader of an extensive international criminal organization that trafficked in counterfeit goods throughout North America for several years.
The scheme was sophisticated and dynamic, involving counterfeit devices imported from China that looked like genuine devices under warranty. Zhiwei Liao micromanaged the operations and created a moving target for law enforcement by directing counterfeit Apple products and criminal proceeds to be sent to different co-conspirators, companies, and family members throughout the scheme. Co-conspirators supported these efforts to avoid law enforcement by exchanging the counterfeit products using a variety of false names and email accounts.
The defendant’s brothers, Zhimin Liao and Zhiting Liao, who were also leaders of the conspiracy, were previously sentenced to 41 months in custody in October 2023.
This case is part of a multi-year investigation led primarily by the Federal Bureau of Investigation and the San Diego Police Department that resulted in 12 felony convictions, the forfeiture of five residences in San Diego with an estimated value of more than $4.1 million, over $250,000 in cash, and more than 200 Apple products that were either counterfeit, fraudulently obtained, or used during the criminal operations.
“This was a massive, sophisticated fraud that victimized not only Apple, Inc., but thousands of Apple product owners across North America,” said U.S. Attorney Tara McGrath. “Theft of intellectual property and the sale of counterfeit goods are growing global problems with serious economic implications.”
“Mr. Liao’s sentencing closes a major chapter in a multi-year investigation that exposed an international, elaborate scheme to sell counterfeit goods worldwide,” said FBI San Diego Special Agent in Charge Stacey Moy. “This investigation would not have been successful without the unwavering dedication and persistence of our law enforcement partners. We remain diligent in the pursuit of justice to help maintain the integrity of our economy.”
This case is being prosecuted by Assistant U.S. Attorney Timothy F. Salel.
DEFENDANTS Case Number 19cr4407-BAS
Zhiwei Liao, aka “Allen” San Diego, CA Age: 34
Zhimin Liao, aka “Jimmy” San Diego, CA Age: 36
Zhiting Liao, aka “Tim” San Diego, CA Age: 33
Dao Trieu La, aka “Selena” San Diego, CA Age: 32
Mengmeng Zhang, aka “Aria” San Diego, CA Age: 31
Tam Nguyen, aka “Kelly,” San Diego, CA Age: 39
Charley Hsu San Diego, CA Age: 41
Danny Tran Chan San Diego, CA Age: 32
Phillip Pak, aka “Teddy” San Diego, CA Age: 33
Deedee Zhu, aka “David,” San Diego, CA Age: 35
Jiaye Jiang, aka “joejoekong” San Diego, CA Age: 34
Hyo Yang, aka “Will” San Diego, CA Age: 33
SUMMARY OF CHARGES
Conspiracy to Traffic in Counterfeit Goods – Title 18, U.S.C., Section 2320
Maximum penalty: Ten years in prison, $2 million fine, mandatory restitution, and forfeiture.
INVESTIGATING AGENCIES
Federal Bureau of Investigation
San Diego Police Department
San Diego County Sheriff’s Department
U.S. Customs and Border Protection
Homeland Security Investigations
U.S. Marshals
Indianapolis Man Sentenced to 35 Years in Federal Prison for Sexual Abuse and Exploitation of Children as Young as Three Years OldRead the Press Release
INDIANAPOLIS- Dustin Rose, 33, of Indianapolis, has been sentenced to 35 years in federal prison after pleading guilty to sexual exploitation of a child and possession of child sex abuse material.
According to court documents, over a four-year period, Dustin Rose engaged in sexually explicit conduct with three children and took photographs of the conduct.
In 2018, Rose took photos zooming in on the clothed genital area of a girl under the age of 16. Rose also took a photograph of himself grabbing the clothed breast of the girl, who was a relative of a woman Rose had been dating.
Between November 2020 and August 2022, Rose repeatedly fondled the breasts of another girl while she was asleep in her bedroom. This child was under the age of 12 and was a relative of a woman Rose was dating during that time.
In August of 2022, Rose’s relationship with that woman ended and he moved out of the house. After Rose moved out, the woman found a microSD card that belonged to Rose. The woman viewed the contents of the microSD card and found multiple sexually explicit images.
On October 19, 2022, IMPD officers arrested Rose. When Rose was taken into custody, police seized a cell phone that he was holding in his hand. Investigators found multiple sexually explicit images depicting a young girl three to four-years-old, including an image of Rose touching the child’s exposed pubic area.
An examination of Rose’s cell phone showed that he had a Dropbox account containing multiple images and videos of unknown children, including pre-pubescent children, being raped and sexually abused. In total, Rose possessed more than 600 images of child sexual abuse material.
“No child should suffer sexual abuse, especially at the hands of individuals they and their families believed they could trust,” said Zachary A. Myers, U.S. Attorney for the Southern District of Indiana. “For years, this predator exploited multiple children to satisfy his criminal sexual desires. The U.S. Secret Service, IMPD, and federal prosecutors worked tirelessly to remove this offender from the community and stop the abuse. Thanks to their efforts, and those who brought the abuse to the attention of law enforcement, Mr. Rose will now spend decades in federal prison, where he cannot sexually abuse another child.”
“The U.S. Secret Service is a proud member of the Indiana Internet Crimes Against Children Task Force,” said Special Agent in Charge Jeffrey R. Adams, of the U. S. Secret Service’s Indianapolis Field Office. “The Secret Service is honored to partner with the Indianapolis Metropolitan Police Department and support their work in this investigation and the pursuit of those who choose to victimize children.”
U.S. Secret Service and IMPD investigated this case. The sentence was imposed by U.S. District Court Judge James P. Hanlon. Judge Hanlon also ordered that Rose be supervised by the U.S. Probation Office for life following his release from federal prison and register as a sex offender wherever he lives, works, or goes to school.
U.S. Attorney Myers thanked Assistant United States Attorney Kyle M. Sawa and former Assistant United States Attorney Kristina M. Korobov, who prosecuted this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims.
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Hollidaysburg Couple Pleads Guilty to Conspiracy to Defraud the United States and Husband Pleads Guilty to Health Care FraudRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that John H. Johnson and Paula Z. Johnson, both age 62, of Hollidaysburg, Pennsylvania, pleaded guilty to a criminal information charging them with one count of conspiracy to defraud the United States. John H. Johnson also pleaded guilty to one count of conspiracy to commit health care fraud.
According to United States Attorney Gerard M. Karam, in 2016, John Johnson, a physician with specialized training in anesthesiology, entered into an agreement with other individuals to defraud health insurance programs by billing them illegally for expensive tests known as “urine drug tests.” One of the individuals that Johnson conspired with was Rodney L. Yentzer, who pleaded guilty for his role in related offenses in March 2022, and is awaiting sentencing. Johnson and Yentzer carried out this agreement through a couple different groups of pain management practices located throughout central Pennsylvania, known as Lighthouse Medical and Pain Medicine of York (“PMY”). Yentzer, who had no medical training, acquired PMY in 2014 at the suggestion of John H. Johnson, with whom Yentzer was business partners. PMY absorbed Lighthouse Medical in 2017, and PMY closed permanently in November 2019 after law enforcement agents executed search warrants at its various locations.
In 2016, Lighthouse Medical, under the direction of John H. Johnson, operated a drug testing laboratory on its own premises. This laboratory had the equipment and capabilities to perform urine drug testing (“UDT”) on site. UDT, when used legitimately, is a method for physicians to test their patients for the presence and specific amounts of various substances. A very high percentage of the patients of Lighthouse Medical (and, subsequently, PMY) were prescribed with opioid medications at each monthly visit. UDT could be used, for instance, to test whether such patients were taking their medications as prescribed or taking illegal recreational drugs in addition to their prescribed medications. Urine drug tests were typically reimbursed at a high rate by Medicare and private insurance programs.
In March 2016, Johnson and Yentzer agreed with the new owners of a rural, 25-bed “Critical Access Hospital” located near the border of Florida and Alabama to “sell” Lighthouse Medical’s UDT laboratory services to the hospital; in exchange, the hospital purchased the exclusive right to bill for payment and collect payment from patients and insurance programs. The hospital agreed to pay Lighthouse Medical a kickback of $900 per test.
As a Critical Access Hospital under federal law, the hospital received very favorable payment from Medicare and private insurance programs, including, for example, for UDT. Thus, even while paying a $900 kickback per test to Lighthouse Medical, the hospital was still able to collect and keep a significant amount of money over and above that amount. The owners of the hospital also used other laboratories like Lighthouse Medical in a similar pass-through manner. As a result, the hospital was able to bill for a number of laboratory tests that far exceeded what would normally be associated with a small facility of its kind, and Lighthouse Medical was paid far more than what it would have typically received for UDT from Medicare and other insurers. For instance, on July 12, 2016, the hospital paid Lighthouse Medical $816,300 for 907 urine drug tests. Approximately one week later, the hospital paid Lighthouse Medical $628,200 for nearly 700 tests.
In total, the owners of the hospital billed others, including private insurers, approximately $1.4 billion for various laboratory testing services that were not medically necessary. The majority of this amount was due to UDT. Lighthouse Medical received $2,341,775 in kickback payments over a four-month time period, with 85% of this amount going to John H. Johnson and the remaining amount going to Rodney L. Yentzer.
In addition to pleading guilty to conspiracy to commit health care fraud, John H. Johnson pleaded guilty to one count of conspiracy to defraud the United States. His wife, Paula Z. Johnson, who is also a physician from Hollidaysburg, Pennsylvania, pleaded guilty to the same offense. Together, John H. Johnson and Paula Z. Johnson conspired to evade payments to the U.S. Government that John H. Johnson was required to make for a prior criminal conviction.
In July 2015, John H. Johnson was indicted for various tax offenses in the U.S. District Court for the Western District of Pennsylvania. In September 2016, John H. Johnson was charged in the U.S. District Court for the Southern District of Florida with conspiracy to commit mail fraud and wire fraud in connection with a separate health care fraud scheme. In early 2017, John H. Johnson knew that he was likely going to prison for these offenses, so he approached Rodney L. Yentzer and got Yentzer to agree to place Paula Z. Johnson, who had not practiced medicine in years, on the PMY payroll.
In June 2017, John H. Johnson was sentenced to an 84-month term of imprisonment for the various offenses with which he had been charged. He was also ordered to repay to the U.S. Government over $3 million restitution payments for fraudulent health care billing and unpaid taxes.
Even following his imprisonment, Johnson and Yentzer remained in close contact through phone and in-person visits, with Johnson providing direction to Yentzer. During conversations, Johnson and Yentzer sometimes used coded language to describe sensitive subjects, including the term “toy” to refer to money and the term “toy box” to refer to bank accounts.
John H. Johnson knew that PMY continued to be highly profitable, in large part owing to its UDT billing. Specifically, PMY billed every patient for two urine drug tests at each visit: one test a presumptive “screen” for the presence of certain substances and the second a definitive test for specific levels of 22 different substances. This testing protocol had been put in place by John H. Johnson when he ran Lighthouse Medical, and he instructed Yentzer to do the same at PMY. Yentzer followed this direction.
From mid-2017 until late 2019, PMY submitted bills just to Medicare for around $10 million in UDT, with well over $4 million being paid out. John H. Johnson, Paula Z. Johnson, and Rodney L. Yentzer devised various other ways to funnel money to the Johnsons so that they could benefit from this wealth without the money being captured for John H. Johnson’s restitution payments. Among other things, Yentzer purchased a car for the Johnsons’ son and leased an Audi Q5 for Paula Z. Johnson, at her request. Yentzer also made $28,000 in contributions to their children’s 529 college savings accounts, paid over $40,000 in legal bills for “asset and estate planning,” made over $40,000 in payments toward personal loans, and covered other large bills, all with the knowledge of both John H. Johnson and Paula Z. Johnson. On a number of occasions, Paula Z. Johnson requested these payments directly from Yentzer or his assistant.
PMY shut down abruptly in November 2019 after search warrants were executed because it was no longer able to retain medical providers to see patients. In January 2020, in a recorded prison call, Yentzer stated to John H. Johnson, that “if there’s anything left, I will make sure Paula gets, uh, a piece.” He added that “whatever’s left” after satisfying certain creditors he would “divvy up.” Yentzer made this statement despite the fact that Paula Z. Johnson had been formally terminated by PMY in November 2019.
The case was investigated by the U.S. Department of Health and Human Services Office of Inspector General, Federal Bureau of Investigation, Drug Enforcement Administration Diversion Control Division, and Pennsylvania Office of Attorney General. Assistant U.S. Attorney Ravi Romel Sharma is prosecuting the case.
The maximum penalty under federal law for conspiracy to defraud the United States is 5 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty under federal law for conspiracy to commit health care fraud is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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Harvey Man Indicted for Being Felon in Possession of a FirearmRead the Press Release
NEW ORLEANS, LA – MIGUEL KEELEN, age 35, of Harvey, La., was indicted on March 8, 2024 for being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1), announced U.S. Attorney Duane A. Evans.
According to the indictment, KEELEN possessed a firearm on the night of December 11, 2023. While at a Valero Gas Station on South Claiborne Avenue in New Orleans, KEELEN displayed and drew a pistol from his waistband before concealing the pistol and fleeing from police. KEELEN was prohibited from possessing a firearm due to his previous felony convictions. If convicted, KEELEN faces up to fifteen (15) years imprisonment, a fine of up to $250,000.00, up to three (3) years of supervised release following any term of imprisonment, and a mandatory $100 special assessment fee.
United States Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendants 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.
This case was investigated by the Federal Bureau of Investigation and the New Orleans Police Department. This case is being prosecuted by Special Assistant United States Attorney Nicholas Rayburn of the Violent Crimes Unit.
Halifax Straw Purchaser Who Bought Dozens of Guns for Felons Sentenced to Five Years in Federal PrisonRead the Press Release
RALEIGH, N.C. – A Roanoke Rapids man was sentenced today to 60 months in prison for straw purchasing over 30 firearms for individuals who would otherwise not be able to purchase them lawfully. On July 6, 2023, Raquel Braswell pled guilty to engaging in the business of dealing firearms without a license and knowingly making a materially false statement to a federally licensed firearm dealer.
“We are partnering with local law enforcement to square off against violent felons and the straw buyers who arm them,” said U.S. Attorney Michael Easley. “This defendant served as a one-man pipeline for firepower, buying dozens of guns for felons and other prohibited persons, endangering our community, and making our police officers’ jobs more dangerous. We will keep using our local partnerships and the new Bipartisan Safer Communities Act to put gunrunners behind bars where they belong.”
"We are extremely fortunate in the Northeastern part of North Carolina to have such a diligent and focused U.S. Attorney's Office,” said Roanoke Rapids Police (RRP) Chief Shane Guyant. “We are fortunate to have such a strong partnership with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Law enforcement officers’ risk their lives daily whether it be stopping motor vehicles, answering calls for service, or serving their communities. The danger of facing a firearm increases with each public interaction. To think that individuals like this defendant would assist those convicted of violent felonies obtain so many firearms illegally is troublesome and terrifying. I fear for my officers each time they have interactions not knowing whether the person has bad intentions with a firearm. We offer a special thank you to the law enforcement officers and prosecuting attorneys who brought this case to a conclusion.”
“Straw purchasing has a tremendous impact on violent gun crime, often putting firearms in the hands of dangerous individuals and individuals prohibited from possessing a firearm,” said ATF Special Agent in Charge Bennie Mims. “Identifying straw purchasers and holding those responsible for arming prohibited individuals is critical to addressing gun crime in our communities.”
According to court documents and other information presented in court, Braswell, 25, purchased firearms for individuals who could not legally buy them between October 2, 2021, and May 30, 2022. When law enforcement caught one of his purchasers, a felon, with a gun, they discovered Braswell had bought the firearm for him just hours earlier. When agents from the ATF and RRP confronted Braswell, he initially claimed that someone had stolen his firearms. However, he later admitted to engaging in the offense. Braswell admitted being paid between $200 and $400 for each firearm he purchased and acknowledged that he knew the individuals he bought firearms for were not legally allowed to possess them.
Because his offense conduct concluded in May of 2022, Braswell was not subject to the new criminal provisions and enhanced penalties of the Bipartisan Safer Communities Act, which Congress enacted, and the President signed in June 2022. The Act is the first federal statute specifically designed to target the unlawful trafficking and straw-purchasing of firearms.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. RRP and the ATF investigated the case and Assistant U.S. Attorney Phil Aubart prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:23-CR-7-D-KS.
Four men sentenced for conspiracy to rob drug-traffickersRead the Press Release
MIAMI – On March 22, four defendants were sentenced to federal prison following their convictions for conspiracy to rob drug-traffickers of their narcotics, money, and other property.
Three of the defendants, Palacio Valdes Farley, aka BoBo, 43, Joassaint Josiah Aristil Jr., aka JoJo, 28, Jamar Brandon Nattiel, aka Debo and D-Boy, 47, were convicted by a jury in December 2023; the fourth defendant, Andrew Francois Martin, 31, pleaded guilty in November 2023.
U.S. District Judge Roy K. Altman sentenced Farley, the leader of the conspiracy, to 240 months (20 years) in prison which will run consecutively to a 169-month (14 years) federal prison sentence for conspiracies to commit drug-trafficking and money laundering offenses that he is currently serving.
Aristil was sentenced to 200 months (more than 16 years) in prison, to run consecutively to a 121-month (10 years) federal prison term for carjacking and brandishing a firearm during a crime of violence that he is currently serving.
The court sentenced Nattiel to 188 months (more than 15 years) in prison.
Martin was sentenced to 210 months (more than 17 years) in prison, to run consecutively to a 25-year Florida state prison sentence he is serving for an armed robbery that Martin and Farley committed in Daytona Beach, Florida, in April 2017.
From May 22, 2016, until Dec. 11, 2017, Farley conspired with his co-defendants to rob drug-traffickers in California. On May 24, 2016, Farley, Martin, and other unindicted co-conspirators, committed an armed home invasion robbery of two drug-traffickers, in Van Nuys, California, during which both victims were shot multiple times.
On Dec. 5, 2017, at Farley’s direction, Aristil, Nattiel, co-defendants Karen Williams and Lisa Flood, and other co-conspirators, committed an armed home invasion robbery of a drug-trafficker in Orange County, California. During the robbery, the drug-trafficker, and his wife, were restrained and held at gunpoint, while the robbers ransacked their house and stole narcotics, cash, and jewelry. Aristil, Nattiel, Williams, Flood, and another co-conspirator, then drove across the country to Miami Beach, Florida, where they delivered the stolen drugs to Farley, who was out on bond for state court charges and confined to his apartment on Collins Avenue.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Jeffrey B. Veltri of FBI, Miami Field Office, and Sheriff Gregory Tony of the Broward Sheriff’s Office (BSO) announced the sentences.
FBI, Miami Field Office and BSO investigated this case with assistance from the Lauderhill Police Department, Los Angeles Police Department (LAPD) and the Daytona Beach Police Department. Assistant U.S. Attorneys Dwayne E. Williams and Elena Smukler prosecuted the case.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
This prosecution is a part of the Justice’s Department’s Project Safe Neighborhoods (PSN) and Organized Crime Drug Enforcement Task Forces (OCDETF) programs.
PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through the PSN program a broad spectrum of law enforcement and community 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 to reduce violence crime and gun violence, and to make our local neighborhoods safer for everyone.
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.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 22-cr-20556.
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Former Pelco President Sentenced and Ordered to Pay More Than $3.6 Million in RestitutionRead the Press Release
TULSA, Okla. – Today, U.S. District Judge Terence C. Kern sentenced Phillip Barry Albert, 64, of Tulsa, to 30 months imprisonment, followed by 1 year of supervised release, for Tax Evasion. Judge Kern further ordered Albert to pay more than $3.6 million in restitution.
According to court documents, from 2004 through 2021, Phillip Barry Albert was the President of Pelco Structural (Pelco) in Claremore, Oklahoma. In 2014, Albert directed the company controller, Don Eagleton, to have the company’s payroll service provider issue “reimbursements” to Albert from Pelco, for undocumented expenses. He then had the “reimbursements” coded in the company’s financial documents in such a way that they would not appear as taxable income. He then willfully failed to pay taxes on the “reimbursement” payments. Prosecutors pointed out that Albert was previously employed as a tax preparer. Given Albert’s intelligence and the overall sophistication of the scheme, he knew the requests for “reimbursements” did not relate to any legitimate business expense.
From 2014 through 2019, Albert’s unreported income was $2,615,750. This left Albert owing more than $1 million in taxes. Because of Albert’s theft and related acts of embezzlement during his time at the company, Pelco calculates their actual total loss was more than $10 million, without taking into account the loss of business opportunities.
In a separate federal case, Don Eagleton pleaded guilty to knowingly concealing Albert’s fraudulent activity from authorities. He was sentenced to three years of supervised release and ordered to pay $1,543,000 in restitution.
Albert was permitted to remain on bond and ordered to voluntarily surrender on a specific date, to the U.S. Bureau of Prisons.
The IRS Criminal Investigation and FBI investigated the case. Assistant U.S. Attorney Thomas Duncombe and Trial Attorney Meredith M. Havekost of the Justice Department’s Tax Division prosecuted the case.
Former Loveland Police Department Officer Indicted for Sexual Assault of MinorRead the Press Release
DENVER--A former police officer with the Loveland, Colorado, Police Department was charged in an indictment unsealed on Friday for sexually assaulting a minor while he was on duty.
According to the indictment, on or about Aug. 4, 2023, Dylan Miller, 28, while on duty as a Loveland Police Department officer, sexually assaulted a minor. If convicted, Miller faces a maximum penalty of life in prison.
Assistant Attorney General Kristen Clarke of the Department of Justice’s Civil Rights Division, U.S. Attorney Cole Finegan for the District of Colorado, and Special Agent in Charge Mark Michalek of the FBI Denver Field Office made the announcement.
The FBI Denver Field Office, Loveland Resident Agency, and Larimer County Sheriff’s Office investigated the case, with cooperation from the Loveland Police Department.
Senior Sex Crimes Counsel Maura White of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Alison Connaughty for the District of Colorado are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent unless and until proven guilty in a court of law.
Former Computer Privacy Consultant Convicted of CyberstalkingRead the Press Release
A federal jury convicted a former privacy consultant last week for a cyberstalking campaign in which he sent electronic messages and made social media posts threatening sexual assault and other violence against multiple victims.
According to court documents and evidence presented at trial, Sumit Garg, 34, of Seattle, engaged in an extensive campaign of threats and sexually explicit messaging and posts about a woman who used to share an apartment with Garg’s spouse. Using personal information Garg accessed after he moved into the apartment with his spouse, Garg threatened and tormented the former roommate in violation of a court order. Garg also used his computer skills to threaten multiple people in the former roommate’s life, including her uncle, who represented her in obtaining a civil protection order; her current boyfriend; the Seattle police detective who investigated the threats; and the deputy prosecuting attorney in King County, Washington, who filed charges against Garg for his illegal stalking conduct. Garg used his computer skills to try to conceal who was sending the threats or making the posts.
The jury convicted Garg of one count of conspiracy to engage in cyberstalking, three counts of cyberstalking in violation of a criminal order, and three counts of cyberstalking. He is scheduled to be sentenced on June 25 and faces a mandatory minimum of one year in prison and a maximum penalty of 35 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Tessa M. Gorman for the Western District of Washington; and Special Agent in Charge Glen Peterson of the U.S. Secret Service Seattle Field Office made the announcement.
The U.S. Secret Service investigated the case, with assistance from the Seattle Police Department.
Senior Counsel Anthony Teelucksingh of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Andrew Friedman for the Western District of Washington are prosecuting the case.
Former Colorado Police Department Officer Indicted for Sexual Assault of MinorRead the Press Release
A former police officer with the Loveland, Colorado, Police Department was charged in an indictment unsealed on Friday for sexually assaulting a minor while he was on duty.
According to the indictment, on or about Aug. 4, 2023, Dylan Miller, 28, while on duty as a Loveland Police Department officer, sexually assaulted a minor. If convicted, Miller faces a maximum penalty of life in prison.
Assistant Attorney General Kristen Clarke of the Department of Justice’s Civil Rights Division, U.S. Attorney Cole Finegan for the District of Colorado and Special Agent in Charge Mark Michalek of the FBI Denver Field Office made the announcement.
The FBI Denver Field Office, Loveland Resident Agency and Larimer County, Colorado, Sheriff’s Office investigated the case, with cooperation from the Loveland Police Department.
Senior Sex Crimes Counsel Maura White of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Alison Connaughty for the District of Colorado are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent unless and until proven guilty in a court of law.
Florida man and Brazilian national indicted for decade-long scheme to defraud the IRSRead the Press Release
MIAMI – On March 21, a federal grand jury in Miami returned an indictment charging Dan Rotta, of Aventura, Florida, and Sergio Cernea, of Sao Paolo, Brazil, with conspiring to defraud the United States by concealing income and assets in Swiss bank accounts. The indictment also charged Rotta with tax evasion, filing a false tax return, making a false statement and failing to file Reports of Foreign Bank and Financial Accounts. Rotta was arrested on a related criminal complaint on March 8, 2024.
According to the indictment, between 1985 and 2020, Rotta hid more than $20 million in assets in at least two dozen secret Swiss accounts at five different Swiss banks, including UBS, Credit Suisse, Bank Bonhôte and Bank Julius Baer. The accounts were allegedly held in his own name, in the names of sham structures and, in one instance, a pseudonym. Over the years, Rotta allegedly earned substantial income from these assets that he did not report on his tax returns.
From 2001 through 2017, Rotta allegedly falsely represented to the banks that he was a Brazilian citizen residing in Brazil, even though he had been a naturalized citizen and resident of the U.S. since the 1970s. During those years, Rotta and a company he controlled allegedly received millions of dollars in transfers from his secret Swiss accounts.
Starting in 2008, after it was reported publicly that UBS and its bankers were under criminal investigation for helping U.S. taxpayers evade their taxes, Rotta allegedly took steps to continue concealing his offshore assets, including by closing his UBS account and moving the funds to Credit Suisse and Bank Bonhôte.
According to the indictment, in 2011, after the IRS obtained records related to one of Rotta’s Swiss accounts, Rotta nominally changed the documentation of his accounts at Credit Suisse and Bank Bonhôte to make it appear that Sergio Cernea, a Brazilian national, owned the assets in the accounts. Despite the change, Rotta allegedly continued to control the assets and transferred millions of dollars out of those accounts for his use.
Shortly after Rotta changed the account documentation, the IRS allegedly began auditing Rotta. During the audit, Rotta allegedly falsely denied that he owned the assets in the foreign financial accounts and, instead, claimed that the millions of dollars he withdrew from the accounts were non-taxable loans from Cernea and others. Rotta allegedly provided the IRS with fake promissory notes and false affidavits from Cernea and others to corroborate his claims.
The IRS allegedly did not believe Rotta and assessed millions of dollars of additional taxes as well as penalties and interest against him. According to the indictment, Rotta sought to reverse the assessments by causing the filing of a U.S. Tax Court petition that sought a redetermination of the IRS’s assessments. In that petition, Rotta, through his attorney, allegedly falsely denied having any foreign accounts and attached the fictitious loan documents. Furthermore, Cernea and another co-conspirator allegedly traveled to the United States to retell the false loan story to IRS attorneys. In 2017, after Rotta allegedly presented evidence that the purported loans had been repaid, the IRS reversed the deficiencies and agreed that Rotta owed no additional tax. Unbeknownst to the IRS, however, the funds that Rotta purportedly repaid to Cernea and others allegedly went into accounts that Rotta controlled.
According to the indictment, as part of the conspiracy, in 2016, Rotta had attorneys create trusts in the United States that Cernea funded with the assets transferred from the Swiss accounts and held for the benefit of Rotta. In fact, the funds in the trusts allegedly belonged to Rotta, and Rotta controlled the trusts.
In 2019, Rotta allegedly became aware that the IRS would receive additional account records from Switzerland that contradicted the false claims that he had previously made. To avoid criminal liability, Rotta allegedly applied to participate in the IRS’s voluntary disclosure practice. Under that practice, taxpayers who willfully do not comply with their tax and reporting obligations can make timely, accurate and complete disclosures of their conduct, which may be a way to resolve their non-compliance and limit their criminal exposure. According to the indictment, Rotta made a number of false statements in his submission, including falsely claiming the assets in the Swiss accounts mostly belonged to Cernea and that Cernea was providing Rotta with millions of dollars because Cernea had no children when, in fact, Cernea had two.
If convicted, Rotta and Cernea face a maximum penalty of five years in prison for each count of conspiracy to defraud the United States, tax evasion, failure to file a report of bank and financial accounts and making a false statement. They face a maximum penalty of three years in prison for each count of filing false tax returns and one year in prison for each count of failing to file tax returns. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
The International Tax and Financial Crimes group of IRS Criminal Investigation is investigating the case.
Assistant U.S. Attorney Michael Homer for the Southern District of Florida, Senior Litigation Counsels Sean Beaty and Mark Daly, and Trial Attorneys Patrick Elwell and William Montague of the Justice Department’s Tax Division are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
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Five Arrested in South Texas for Allegedly Trafficking Military Grade Firearms to Mexican Drug CartelRead the Press Release
SAN ANTONIO – Five individuals were arrested in Laredo, Hebbronville and Falls City Wednesday for allegedly trafficking military grade firearms to a drug cartel in Mexico.
According to court documents, Gerardo Rafael Perez Jr. aka “Jerry,” 23, of Laredo, allegedly coordinated the acquisition of more than 100 firearms throughout Texas to be smuggled across the international border and delivered to a drug trafficking cartel in Nuevo Laredo, Tamaulipas, Mexico. Perez’s organization allegedly used straw purchasers, including co-defendants Francisco Alejandro Benavides aka “Frankie,” 23, and Mark Anthony Trevino Jr., 24, to procure the firearms from a variety of sources in the Western, Southern, and Northern Districts of Texas. Court documents allege that the organization would acquire guns from unlicensed dealers of firearms, or from federal firearm licensees, where straw purchasers would make false representations to secure the firearms.
Luis Matias Leal aka “Wicho” aka “Poncho” aka “El Tio,” 30, is alleged to have provided cash and instructions to facilitate the conspiracy, while Antonio Osiel Casarez, 26, would smuggle the firearms into Mexico and return to the United States with bulk cash.
The high-powered firearms allegedly acquired by Perez’s organization included FNH SCAR rifles, Barrett .50 caliber rifles, FNH M294S rifles, and M1919 rifles.
Perez, Casarez, Leal, Benavides, and Trevino were all named in a superseding indictment filed March 6. They were arrested March 20.
The five new defendants are all charged with one count of conspiracy to traffic firearms, which carries a penalty of up to 15 years in prison, and one count of conspiracy to straw purchase firearms with a maximum penalty of 25 years imprisonment.
Perez, Casarez, Leal, and Benavides are further charged with one count of conspiracy to smuggle goods from the United States for up to five years in prison, and one count of conspiracy to possess firearms in furtherance of a drug trafficking crime for up to 20 years imprisonment. Perez faces two additional firearms trafficking charges. Leal, Benavides, and Trevino are also charged with falsifying information when buying a firearm, which carries a maximum penalty of 10 years imprisonment; and an additional count of straw purchasing. All of the charges also carry a fine up to $250,000.
Co-defendants Jose Emigdio Q. Mendoza, Gerardo Antonio Ibarra Jr. and Gerardo Corona, Jr. were initially named in an earlier indictment. Mendoza was allegedly engaged in the business of dealing firearms without a license, selling military-grade weapons to members of the Perez conspiracy. Ibarra and Corona were allegedly straw purchasers for the organization.
Several of the defendants are alleged to have contacted Mendoza to purchase the firearms, including SCAR rifles, Barrett .50 caliber rifles, and M249 rifles. Mendoza is alleged to have sold at least 22 such firearms to his co-conspirators from December 2022 to March 2023 and received approximately $169,900.00, at a markup from the retail price of the guns so he could derive a profit for himself.
Mendoza was arrested in San Antonio on March 11, 2023. Ibarra and Corona were arrested in September and October 2023.
A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Homeland Security Investigations are investigating the case.
Assistant U.S. Attorney William Calve is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Dunklin County Man Sentenced to 8 Years in Prison on Methamphetamine, Gun ChargesRead the Press Release
CAPE GIRARDEAU – U.S. District Judge Audrey G. Fleissig on Monday sentenced a man who was selling methamphetamine from his Dunklin County home to eight years in prison.
Anthony D. Emery, 48, of Kennett, pleaded guilty in December to one count of possession with intent to distribute methamphetamine and one count of possession of firearm in furtherance of a drug trafficking crime. He admitted possessing methamphetamine that he intended to sell to others and a loaded firearm to protect the meth. Officers with the Kennett Police Department conducted a court-approved search of Emery’s home on May 3, 2022, after establishing probable cause that he was selling meth there. Officers found five bags of meth with a combined weight of nearly one kilogram, $4,398 in cash, digital scales for weighing drugs for sale and a loaded Smith & Wesson .38 Special Revolver.
The Kennett Police Department investigated the case. Assistant U.S. Attorney Julie Hunter prosecuted the case.
Connecticut Man Charged as Part of Drug Conspiracy in Northeast KingdomRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that Marvin Byrd, 29, of Hartford, Connecticut, has been indicted by a federal grand jury for conspiring with others to distribute controlled substances, including fentanyl, between March and August of 2023. Byrd was arraigned on March 11, 2024 and is detained pending further proceedings.
According to a criminal complaint filed in this case in August 2022, Byrd—who used the name “TJ” while in Vermont—conspired with Britny Parris and others to distribute fentanyl in and around Orleans County. During a period of the charged conspiracy, Parris was “hosting” Byrd at her residence in Barton, Vermont, and they used the property to store, prepare, and distribute controlled substances. Byrd coordinated multiple drug transactions with customers, and he often used others such as Parris to conduct the final distribution. In November 2023, Parris pleaded to a criminal information charging her with maintaining a drug-involved premises, and she is awaiting sentencing.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Byrd is presumed innocent until and unless he is convicted of a crime. Byrd faces up to 20 years in prison and a fine of up to $1,000,000. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.
This case is part of an ongoing collaboration of federal, state, county and local law enforcement agencies focusing on drug and gun-trafficking cases in the Northeast Kingdom. United States Attorney Nikolas P. Kerest commended the combined investigatory efforts of the Northeast Vermont Drug Task Force; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Homeland Security Investigations; the Federal Bureau of Investigation; the Orleans County Sheriff’s Department; and the Newport Police Department.
Assistant U.S. Attorney Matthew Lasher represents the United States in the prosecution. Assistant Federal Public Defender Sara Puls and A.J. Ruben, Esq. represents Byrd.
Clovis Man Sentenced to over 11 Years in Prison for Attempted Online Coercion of a ChildRead the Press Release
FRESNO, Calif. — Paul Joseph Espinosa, 56, of Clovis, was sentenced today to 11 years and three months in prison, to be followed by 10 years of supervised release, for attempted online coercion of a child, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in May 2021, Espinosa noticed an Instagram profile that was controlled by an undercover agent. Espinosa initiated communications, and the undercover agent told Espinosa that she was 15 years old. Nonetheless, Espinosa continued to send her direct messages and call her using Instagram audio. Espinosa asked the purported 15-year-old for explicit pictures and asked multiple times to meet up with her to “cuddle,” to “enjoy each other’s company at least for a night,” among other things. Espinosa asked the purported 15-year-old to send him a picture for his eyes only and sent her three sexually explicit photos of females as part of that conversation.
According to court documents, on June 26, 2021, Espinosa traveled from Clovis to Fresno to meet up with the intended victim because he wanted to engage in various forms of sexual activity with her. When Espinosa arrived, he was placed under arrest. On Sept. 25, 2023, Espinosa pleaded guilty.
This case was the product of an investigation by Homeland Security Investigations with assistance from the Fresno Police Department and the Fresno County District Attorney’s Office. Assistant U.S. Attorneys Brittany M. Gunter and Christina McCall prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit Justice.gov/PSC.
Cincinnati healthcare staffing company agrees to pay $9.25 million to resolve visa fraud investigationsRead the Press Release
CINCINNATI – A Cincinnati-based healthcare staffing company has agreed to pay $9.25 million and to pledge an additional $8 million for related healthcare projects to resolve civil and criminal investigations into the company’s visa sponsorship program.
Health Carousel, LLC, is a privately held healthcare staffing company that offers workforce placements for healthcare professionals. Health Carousel recruits healthcare professionals including nurses and physical therapists who are foreign nationals to come to the United States to work through Passport USA, and the staffing company sponsors the individuals’ visa applications.
The global resolution resolves criminal fraud and civil False Claims Act allegations that Health Carousel submitted false visa immigrant applications and caused false statements to be made to government officials while recruiting nurses, physical therapists and other healthcare professionals to the United States. The allegations included that Health Carousel provided fraudulent job placement letters so that visas would be approved more quickly, even though individuals had not yet been placed with a specific health care facility.
As part of reaching a global resolution, the company has performed extensive remedial measures to address compliance gaps and pledged an additional $8 million to address harm caused by its prior practices.
This pledged commitment will be distributed to various non-governmental and non-profit organizations including:
- $3 million to promote the sustainability, development and ethical recruitment of healthcare professionals;
- $3 million to strengthen healthcare access and infrastructure in developing countries where Health Carousel recruits healthcare professionals;
- $750,000 to promote healthcare access in the United States for rural and underserved communities;
- $750,000 to support immigrant communities in the United States; and
- $500,000 to support public health projects in Central and Southern Ohio.
“The U.S. Attorney’s Office will ensure that companies that attempt to skirt immigration laws will be appropriately addressed,” said U.S. Attorney Kenneth L. Parker. “Through these agreements, we ensure the financial accountability that Health Carousel faces will resolve both civil and criminal allegations and will improve healthcare access in underserved communities here in Ohio and across the United States, as well as in developing countries where Health Carousel operates.”
“It is essential for companies to follow the rules when it comes to recruiting workers to the United States,” said Homeland Security Investigations (HSI) Detroit acting Special Agent in Charge Shawn Gibson. ”Given the inherent risks associated with working in the medical field, we need to ensure that there are no shortcuts, and everyone is held accountable under the law.”
This matter was investigated by agents from Homeland Security Investigations and the U.S. Department of Labor Office of Inspector General, as well as the United States Citizenship and Immigration Services and the Department of State, National Visa Center, Fraud Prevention Unit. Assistant United States Attorneys Matthew Horwitz and Ebunoluwa Taiwo are representing the United States in these matters.
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Chinese Woman Sentenced to 102 Months in Federal Prison for Setting Fire to a Montgomery Church and Illegally Possessing a FirearmRead the Press Release
Montgomery, Alabama – Today, Acting United States Attorney Jonathan S. Ross announced the sentencing of a Chinese national for arson and illegal firearm possession. On March 22, 2024, a federal judge sentenced 30-year-old Xiaoqin Yan to 102 months in prison. Federal inmates are not eligible for parole.
According to court records and evidence presented at Yan’s June 2023 trial, on September 30, 2021, Yan entered a church in downtown Montgomery and ignited multiple fires inside the building. The Montgomery Fire Department was able to extinguish the blaze, but only after the church sustained significant damage. Evidence presented during the trial showed that Yan had multiple encounters with church staff prior to September 30 and had exhibited odd behavior.
When arresting Yan on October 4, 2021, agents found items identical to those seen on church surveillance videos, as well as clothing matching the type worn by Yan when setting the fires. Officers also found a handgun. At the time of the arson and her arrest, Yan had overstayed her non-immigrant visa and, therefore, could not lawfully possess a firearm.
The Montgomery Fire/Rescue Bureau of Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Marshals Service Gulf Coast Regional Fugitive Task Force, the U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement investigated this case, with assistance from the Montgomery Police Department. Assistant U.S. Attorneys B. Chelsea Phillips and Brandon W. Bates prosecuted the case.
Chemical Importer to Pay $300,000 in Civil Penalties for Alleged Violations of the Controlled Substances ActRead the Press Release
WACO, Texas – Shrieve Chemical Company, LLC, a Drug Enforcement Administration-registered importer and distributor of listed chemicals, has agreed to pay $300,000 in civil penalties to resolve allegations that it violated provisions of the Controlled Substances Act, 21 U.S.C. §§ 801 et seq.
In December 2022, DEA diversion investigators conducted an on-site inspection of a Shrieve Chemical facility in Marlin, Texas. Following the inspection, investigators alleged that Shrieve Chemical violated certain regulatory recordkeeping requirements relating to the importation and distribution of listed chemicals; manufactured gamma-butyrolactone (GBL), a List I chemical, by repackaging and relabeling, without registering as a manufacturer; and made a drop shipment of GBL to a customer without first importing the chemical to Shrieve Chemical’s registered location.
Listed chemicals are chemicals designated by the DEA that, in addition to legitimate uses, can be used in the illicit manufacture of controlled substances. List I chemicals are mostly precursor chemicals that serve as key ingredients used to produce controlled substances. List II chemicals are mostly reagents or solvents.
“Companies must be vigilant in following rules meant to ensure that precursor chemicals do not fall into the wrong hands,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “My office will continue to investigate and pursue alleged violations involving listed chemicals, even absent evidence of diversion or misuse, to protect the community.”
“The accountability of these chemicals is instrumental in ensuring the safety of our citizens,” said Special Agent in Charge Daniel C. Comeaux for the DEA Houston Division. “Too often these chemicals are used for the purpose of manufacturing harmful illegal drugs that end up in our communities and neighborhoods.”
DEA’s San Antonio District Office Diversion Control Unit led the investigation of this matter. Assistant U.S. Attorneys Thomas Parnham and Erin Van De Walle negotiated the settlement on behalf of the government.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Burlington Man Charged with Distributing Controlled Substances to a MinorRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that on March 14, 2024, a federal grand jury returned an indictment charging Jack Gower, 36, of Burlington, Vermont, with distributing controlled substances to a person under 21 years of age.
Gower entered a plea of not guilty to the charges during an arraignment on March 21, 2024, before United States Magistrate Judge Kevin J. Doyle. Judge Doyle ordered that Gower be released on conditions during the pretrial phase of the case.
According to court records, Gower met a juvenile, on Reddit in the spring of 2023 and began selling controlled substances, including Xanax and Dilaudid, to the juvenile. In May 2023, the juvenile suffered a non-fatal overdose from controlled substances believed to have been acquired from Gower.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Gower is presumed innocent until and unless proven guilty. Gower faces a mandatory minimum of 1 year in prison and up to 40 years in prison if convicted. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Drug Enforcement Administration and the Milton Police Department.
The prosecutor is Assistant United States Attorney Corinne Smith. Gower is represented by the Office of the Federal Public Defender.
Billings man accused of armed patrols on sidewalk in an elementary school zone admits firearms crimeRead the Press Release
BILLINGS — A Billings man accused of conducting armed patrols on the sidewalk in front of his residence, which is across the street from a public elementary school, admitted to a firearms crime today, U.S. Attorney Jesse Laslovich said.
The defendant, Gabriel Cowan Metcalf, 49, pleaded guilty to unlawful possession of a firearm in a school zone, as charged in an indictment. Metcalf faces a maximum of five years in prison, a $100,000 fine and three years of supervised release.
U.S. District Judge Susan P. Watters presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Aug. 2. Metcalf’s release on conditions was continued pending further proceedings.
The government alleged in court documents that from Aug. 2, 2023 to Aug. 17, 2023, Metcalf possessed a 20-gauge shotgun within 1,000 feet of Broadwater Elementary School, which is located along Broadwater Avenue, from Fourth Street West to Fifth Street West. Metcalf lives on Broadwater Avenue, directly across from the public school. On Aug. 2, 2023, the Billings Police Department received a call regarding Metcalf pacing around with a firearm in front of his residence. A police detective saw Metcalf walk onto the property of a business that is located next door to Metcalf’s residence. The same day, a woman stepped outside of a nearby residence and saw Metcalf walking up the driveway and coming toward her with firearm slung over his shoulder.
In addition, multiple Billings residents saw Metcalf walking on the 400 block of Broadwater Avenue with a firearm. On Aug. 11, a resident saw Metcalf standing on the sidewalk and carrying a firearm while staring into traffic and looking directly at Broadwater School. On Aug. 13, another resident saw Metcalf walking westbound on the sidewalk while carrying a firearm, and that same day, another resident saw Metcalf sanding on the edge of the sidewalk in front of his residence with a firearm slung over his shoulder.
On Aug. 17, law enforcement officers spoke to Metcalf, who admitted to following cars while carrying a firearm, walking to the nearby business and escorting his mother down the street to her shop while carrying a firearm. Metcalf further told officers he patrolled daily and usually went around the block once or twice a week, but that lately he had done it several times a day. Law enforcement served a search warrant at Metcalf’s residence and seized a 20-gauge shotgun and six rounds of ammunition. The shotgun was the firearm Metcalf described as using to patrol. The sidewalks and streets in front of Metcalf’s residence are public property within 1,000 feet from the school and are a “school zone” as defined in federal law.
Assistant U.S. Attorneys Thomas A. Godfrey and Zeno B. Baucus are prosecuting the case. The Billings Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation.
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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Albuquerque Man Sentenced for Tax EvasionRead the Press Release
ALBUQUERQUE – A federal judge sentenced an Albuquerque man to two years in federal prison for tax evasion. Arturo Archuleta, 50, of Albuquerque, paid approximately $140,000 in in outstanding tax obligations to the IRS prior to his sentencing hearing on March 22, 2024.
At the hearing, Archuleta was also ordered to pay approximately $90,000 in restitution to Medicaid for expenses covered by Medicaid during the period in which he was evading income tax. The judge also imposed a fine of $75,000 to offset the cost to the government of incarcerating and supervising Archuleta as a result of his criminal conviction.
Finally, the judge ordered Archuleta to perform 100 hours of community service after he is released from prison and to enroll in the New Mexico Gaming Control Board’s “self-exclusion” program, which will prohibit Archuleta from entering any gambling establishment in the state.
There is no parole in the federal system.
According to court records, between 2014 and 2018, Archuleta worked as the office manager for ABQ Injury Clinic, a chiropractic medicine practice in Albuquerque. During that time, Archuleta failed to report more than $200,000.00 in income to the IRS. In addition to his legitimate income, Archuleta diverted over $500,000.00 in payments made to ABQ Injury Clinic to a nominee bank account he controlled and did not report the additional income to the IRS.
On May 16, 2023, Archuleta pled guilty to tax evasion.
U.S. Attorney Alexander M.M. Uballez and Carissa Messick, Acting Special Agent in Charge of IRS Criminal Investigation Phoenix Field Office, made the announcement today.
IRS Criminal Investigation investigated this case with assistance from the FBI Albuquerque Field Office. Assistant United States Attorney Taylor F. Hartstein prosecuted the case.
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21-Year-Old Sentenced to 50 Years in Prison for Second-Degree MurderRead the Press Release
Today, U.S. District Judge J. Phillip Calabrese sentenced Josiah Gammill, 21, to 604 months imprisonment, followed by 5 years of supervised release for Murder in the Second Degree.
According to court documents, in March 2021, Gammill was driving with Hunter Majors. They pulled off the side of a back road to use the restroom. Gammill retrieved a shotgun from the trunk of the car, shot Hunter twice, and left him to die. Gammill drove to a park and attempted to dispose of the shotgun and burn his clothes. Officers found Gammill hiding out at a hotel. After a search of Gammill’s phone, officers found a message bragging that he “wiped Hunter off the face of the earth.”
Gamill is a citizen of the Quapaw Nation and the victim was a citizen of the Choctaw Nation. Gamill will remain in custody pending transfer to the U.S. Bureau of Prisons.
The FBI, Oklahoma State Bureau of Investigation, Craig County Sheriff’s Office, and Tulsa Police Department investigated the case. Assistant U.S. Attorneys Ryan Roberts and Niko Boulieris prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about PSN, please visit Justice.gov/PSN.
Saturday 23 March 2024
Justice Department Launches the National Extreme Risk Protection Order Resource CenterRead the Press Release
The Justice Department launched the National Extreme Risk Protection Order (ERPO) Resource Center (the Center) which will provide training and technical assistance to law enforcement officials, prosecutors, attorneys, judges, clinicians, victim service and social service providers, community organizations, and behavioral health professionals responsible for implementing laws designed to keep guns out of the hands of people who pose a threat to themselves or others.
“The launch of the National Extreme Risk Protection Order Resource Center will provide our partners across the country with valuable resources to keep firearms out of the hands of individuals who pose a threat to themselves or others,” said Attorney General Merrick B. Garland. “The establishment of the Center is the latest example of the Justice Department’s work to use every tool provided by the landmark Bipartisan Safer Communities Act to protect communities from gun violence.”
ERPO laws, which are modeled off domestic violence protection orders, create a civil process allowing law enforcement, family members (in most states), and medical professionals or other groups (in some states) to petition a court to temporarily prohibit someone at risk of harming themselves or others from purchasing and possessing firearms for the duration of the order.
In 2023, the Justice Department’s Office of Justice Programs (OJP) awarded $238 million to states, territories, and the District of Columbia under the Byrne State Crisis Intervention Program (SCIP), which was created by the Bipartisan Safer Communities Act and is designed to help jurisdictions implement crisis intervention strategies, including ERPO programs. In addition, OJP awarded $4 million to support training and technical assistance under Byrne SCIP, including $2 million that was awarded to the Johns Hopkins Center for Gun Violence Solutions to establish the ERPO Resource Center. In collaboration with OJP’s Bureau of Justice Assistance (BJA), the Center will support states, local governments, law enforcement, prosecutors, attorneys, judges, clinicians, victim service providers, and behavioral health and other social service providers in their efforts to implement ERPO programs to fit local needs, share resources and promising practices with the field, and help ensure that funding received through Byrne SCIP is effectively utilized.
“Supporting our law enforcement and community partners in curbing the scourge of gun violence is more critical than ever,” said Acting Associate Attorney General Benjamin C. Mizer. “In addition to other resources leveraged across the Justice Department, this Center will provide communities with new tools and technical assistance to help them implement effective crisis intervention strategies and reduce gun violence.”
“OJP’s investment in ERPO programs demonstrates the Department’s commitment to addressing the gun violence crisis in the United States,” said OJP Assistant Attorney General Amy L. Solomon. “This crisis cannot be solved at one level of government. We must use all of our resources and collaborate at the federal, state, and local levels to find innovative, evidence-based, and holistic solutions to help keep American communities safe.”
Through the Center and its newly launched website, states, local governments, law enforcement, prosecutors, attorneys, judges, clinicians, victim service providers, and behavioral health and other social service providers will have direct access to critical information that will enhance their ability to reduce firearm homicides and suicides. The website will be maintained and updated to include newly developed resources for the field created through the Center, in partnership with BJA. The website also provides a platform for the Center to highlight emerging and promising practices in successful ERPO implementation and connect states and localities to innovative strategies to reduce gun violence and save lives.
As of this month, 21 states and the District of Columbia have enacted ERPO laws. Successful and effective ERPO implementation requires a comprehensive and holistic approach that incorporates a wide range of stakeholders. The Center is designed to provide resources consistent with that need.
District Man Sentenced for First-Degree Murder While Armed in Shooting Death of 17-Year-OldRead the Press Release
WASHINGTON – Mussay Rezene, 31, of Washington, D.C., was sentenced to 45 years in prison, yesterday, by the Honorable Robert D. Okun, for first-degree murder while armed in the shooting death of 17-year-old Brayan Villatoro, announced U.S. Attorney Matthew M. Graves. The murder took place in an alley in Northwest Washington.
Rezene was found guilty in January, following a jury trial. According to the government’s evidence, at approximately 9 p.m. on September 18, 2021, Brayan Villatoro was riding in a vehicle with a group of friends heading to a family party. On the way, the victim asked the driver to make a stop so he could meet with someone at the 1300 block of Nicholson Street Northwest. Once they arrived at the location, the victim got out of the vehicle and waited in front of an apartment building. The defendant arrived a short time later in a vehicle that, later, proved to be stolen. Rezene led the victim into a nearby alley. Moments later, shots rang out and the 17-year old victim was hit with eight bullets. Rezene fled the area as did the victim’s friends. Officers arrived at the scene a short time after the shooting and discovered that Brayan Villatoro had succumbed to his injuries.
Rezene was identified in surveillance video as wearing distinct shoes and clothing. These same shoes were later seen in a photograph of Rezene along with two other individuals, which was posted on social media after Mr. Villatoro’s murder. Cell-site data also showed Rezene was present both at the scene of the murder and along the path of the stolen vehicle.
This case was investigated by the Metropolitan Police Department, the U.S. Attorney’s Office for the District of Columbia, along with members of the Bureau of Alcohol, Tobacco, Firearms, and Explosives who assisted with evidence recovery and cell site data analysis and testimony. U.S. Attorney Graves also thanked others who worked the case, including: Paralegal Specialist Mabry Johnson, Lead Paralegal Specialist Sharon Newman, Victim Witness Advocate Karina Hernandez, Supervisory IT Specialist Leif Hickling, Supervisory Victim/Witness Services Coordinator Katina Adams-Washington, Victim/Witness Services Coordinator Maenylie Watson, and Intelligence Analyst Zachary McMenamin. Finally, he commended the work of Assistant U.S. Attorneys Dennis Clark and Colleen Kukowski, who prosecuted the case.
Friday 22 March 2024
Wister Resident Sentenced to Four Years in Prison for Drunk Driving Accident That Seriously Injured TwoRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kevin Dale Luman, age 38, of Wister, Oklahoma, was sentenced to 48 months in prison for one count of Causing Accident Resulting in Great Bodily Injury while under the influence of Alcohol and Intoxicating Substances in Indian Country.
The charges arose from investigations by the Oklahoma Highway Patrol and the LeFlore County Sheriff’s Office.
On April 11, 2023, Luman pleaded guilty to the charge. According to investigators, on June 23, 2019, Luman was driving with a blood alcohol content of 0.189% when he crossed the center line of U.S. Highway 271 in Wister, Oklahoma, and collided into an oncoming Jeep. Both the driver and the passenger of the Jeep sustained significant injuries in the crash. The crime occurred in LeFlore County, within the boundaries of the Choctaw 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 in Muskogee. Luman was remanded into the custody of the U.S. Marshal pending transportation to a designated facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Patrick M. Flanigan represented the United States.
Utah Auto Shop Owner Accused of Drug and Gun Crimes IndictedRead the Press Release
SALT LAKE CITY, Utah – A Murray, Utah, auto shop owner, accused of drug and gun crimes, was released from custody today by a United States Magistrate Judge after he was arrested earlier this month and indicted by a federal grand jury.
According to court documents, on March 6, 2024, search warrants were executed on the home, vehicle, and business, 5 Speed Auto, of Muayad Kareem, 47, of Sandy, Utah.
In Kareem’s Mercedes, law enforcement agents recovered an HP laptop bag in the backseat. Inside the bag, agents recovered a loaded Smith & Wesson .38 Special firearm and three bags containing a white powdery substance that field tested positive for synthetic cathinones, α-PVP, known as “bath salts,” worth $11,200. Agents also seized a cell phone inside Kareem’s vehicle. At Kareem’s home, agents seized a flip style cell phone and a fake saltshaker full of small plastic baggies that are used for distribution. During his arrest, agents also recovered a prescription bottle with 366 30 mg Oxycontin pills, another cellphone and $1,600.
Pursuant to the search of the 5 Speed Auto repair shop in Murray, agents seized approximately 948 blue tablets with “A-51” and “M-30 stamped on them. Agents identified the pills as Oxycodone. From a mini fridge, agents seized approximately 1,067 white oval shaped tablets stamped with “M367” and “M366,” which were identified as hydrocodone and 643 white oval shaped tablets stamped with “G037,” which were identified as Lortabs. From a safe, agents seized $40,000 in cash.
Kareem is charged with possession of a Pyrrolidinohexanophenone (α-PVP) with intent to distribute and using and carrying a firearm during and in relation to a drug trafficking crime. He was indicted on March 13, 2024 and his initial court appearance was March 22, 2024. A two-day jury trial date is scheduled for May 28, 2024, in courtroom 8.3 before a U.S. District Court Judge at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The Drug Enforcement Administration (DEA) is investigating the case.
Special Assistant United States Attorney Kelsy Young of the U.S. Attorney’s Office for the District of Utah is prosecuting 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.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney's Office Collected More Than $22 Million in Fiscal Year 2023Read the Press Release
NASHVILLE – United States Attorney Henry C. Leventis announced today that the U.S. Attorney’s Office for the Middle District of Tennessee recovered $22,670,748.85 for crime victims and American taxpayers in Fiscal Year 2023.
“The dedicated public servants in our office responsible for protecting the public fisc and disgorging criminal proceeds have, once again, done a tremendous job on behalf of taxpayers and crime victims in Middle Tennessee,” said United States Attorney Henry C. Leventis. “In 2023, they recovered well over $22 million for federal government programs and victims of crime.”
Of the money collected, $19,217,743.17 was collected in civil cases, primarily through actions brought pursuant to the False Claims Act which provides that the United States may recover up to three times the amount of money that had been fraudulently obtained from government programs, And, $2,323,187.68 was in the form of money judgments in criminal cases for victims of crime. The U.S. Attorney’s Office also collected $1,129,818 through asset forfeiture in criminal and civil cases during Fiscal Year 2023.
The pursuit of recovery as a result of fraud committed against the United States through affirmative civil enforcement is a top priority of the U.S. Attorney’s Office. This includes actions to recover monies lost due to fraud or other misconduct against the United States and the pursuit of monetary penalties and injunctive relief to address on-going violations of federal laws. One of the primary objectives of asset forfeiture is to take the profit out of crime. Both the proceeds and instrumentalities of crimes are subject to forfeiture. The U.S. Attorney’s Office also initiates legal proceedings and takes other necessary actions to enforce collection of all federal debts in the Middle District of Tennessee. These debts include criminal fines, criminal restitution orders and civil judgments filed against judgment debtors, as well as unsecured civil debts referred from federal agencies.
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U.S. Attorney’s Office staff read to young students to increase childhood literacyRead the Press Release
MIAMI – Kids who read at grade level in the fourth grade are much more likely to remain in school and get higher grades on standardized tests. According to Begin to Read statistics, 78 percent of children who do not read proficiently by fourth grade usually never catch up.
Staff from the Law Enforcement Coordination and Community Outreach Section (LEC/COS) of the U.S. Attorney’s Office for the Southern District of Florida realize the importance of reaching children early. They read throughout South Florida, most recently reading at elementary schools in Opa-Locka, Fort Lauderdale, Hollywood, Liberty City and Pompano Beach. The locations change weekly, but the message remains the same—foster a love of reading in pre-K students.
Students are always excited to see the readers. In many cases, they want to hear the same books over and over. And when it comes to their favorite books to read, “Pete the Cat” reigns supreme.
“Good morning, everyone,” said Community Outreach Specialist Corey Mackay, LEC/COS, to a group of pre-K students at Cypress Elementary School in Pompano Beach. “I have a good Pete the Cat book but you need to help me sing. Can you do that?”
The children enthusiastically agreed, got quiet, and listened.
“They definitely enjoy when you guys come,” said a local pre-K teacher. “It’s a breath of fresh air to have someone else read to them. The kids love it.”
Giving children a love of reading is the reason for this program. LEC/COS staff also give books to the students to help build their personal libraries at home.
“We’ve been doing these readings for at least seven years,” said LEC/COS Chief J.D. Smith. “We go to nearly 30 elementary schools throughout the district each month, from Homestead to Fort Pierce. We believe in this program, and I absolutely feel it makes a difference in their lives.”
Research shows that children who fall behind in literacy are four times more likely to drop out of school. LEC/COS staff organize these readings at schools in areas considered to be book deserts.
“For many children, it’s tough to get access to printed books,” said Smith. “Underserved areas can lack community libraries. That’s why we bring books with us. Every little bit helps. If we can get one child to love reading, then it’s worth it.”
Anyone interested in donating children’s books to the reading program may do so by calling the U.S. Attorney’s Office Violence Reduction Partnership at (305) 961-9134.
Community Outreach Specialist Corey Mackay, Law Enforcement Coordination and Community Outreach Section of the U.S. Attorney’s Office, reads books to pre-K students at Holmes Elementary School in Liberty City in an effort to foster a love of reading.
You may find a copy of this press release (and any updates) on the website of the United States Attorney’s Office for the Southern District of Florida at www.justice.gov/usao-sdfl.
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U.S. Attorney's Office Secures Settlement Agreement with Nantahala Weddings, LLC to Provide Individuals with Disabilities Equal Access to Its FacilitiesRead the Press Release
CHARLOTTE, N.C. – The U.S. Attorney’s Office has reached a settlement agreement with Nantahala Weddings, LLC (Nantahala Weddings) to remedy alleged violations of the Americans with Disabilities Act (ADA) at its facilities in western North Carolina, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
“The U.S. Attorney’s Office is committed to ensuring that everyone has equal access to businesses and facilities available to the public,” said U.S. Attorney King who also serves as Chair of the U.S. Attorney General’s Subcommittee on Civil Rights. “This settlement reflects our commitment. It is critical for companies to maintain accessible facilities so that individuals with disabilities can fully use and enjoy a business’s goods and services. I commend Nantahala Weddings for its cooperation and for taking swift remedial action to ensure its facilities are ADA compliant.”
According to a civil rights complaint filed with the U.S. Department of Justice, Nantahala Weddings was violating the ADA by, among other things, charging a fee to transport individuals with mobility impairments up a non-accessible hill to the main wedding ceremony area and failing to offer accessible restrooms to guests. The property offers lodgings for rent and includes several buildings, outdoor pavilions, and open-air gathering areas separated by wooded areas and steep hills.
Upon learning of the complaint, the Nantahala Weddings took prompt action to remedy certain architectural barriers on its own initiative. Thereafter, it fully cooperated with the investigation by the U.S. Attorney’s Office and subsequently agreed to remedy its accessibility issues. The business has already begun implementing the terms of the settlement agreement.
As part of the settlement, Nantahala Weddings will construct accessible lodging for guests to rent, which will include an accessible entryway, bathroom, and bedroom; build accessible exterior walkways connecting its facilities or, where specified, offer accessible transportation to guests with no surcharge; renovate single use bathrooms and other facilities for ADA compliance; and remedy various other architectural barriers to access.
“We appreciate the U.S. Attorney’s Office bringing these matters to our attention as – like many small businesses – we were not aware of the ADA’s requirements. We value the opportunity to make our property accessible, and we firmly believe that implementing the recommended changes will ensure all our guests feel comfortable, safe, and welcome,” said Jody Hafey, an owner of Nantahala Weddings.
Title III of the ADA prohibits discrimination against individuals with disabilities by businesses that serve the public, such as Nantahala Weddings. Such businesses also cannot impose a surcharge on persons with a disability who seek to participate in its goods and services. Individuals who believe they have been victims of discrimination may file an ADA complaint online here. Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free information line at 800-514-0301 (voice) or 1-833-610-1264 (TTY).
Assistant U.S. Attorney Jonathan M. Warren of the U.S. Attorney’s Office in Charlotte is handling this matter.
In April 2022, U.S. Attorney King announced the formation of the U.S. Attorney’s Office Civil Rights Team, to focus on prioritizing criminal and civil enforcement actions and increasing education and community outreach efforts. The Civil Rights Team comprises federal prosecutors and staff from the Office’s Criminal and Civil Divisions in Charlotte and in Asheville. U.S. Attorney King has appointed a Criminal Civil Rights Coordinator to lead the Team’s efforts in investigating and prosecuting criminal civil rights violations, including hate crimes, color of law violations, and human trafficking cases. U.S. Attorney King also appointed a Civil-Civil Rights Coordinator, who is tasked with prioritizing civil enforcement actions related to discrimination in housing, lending, employment, and education, and the protection of voting rights and disability rights or access, among other areas. For more information about the U.S. Attorney’s Office’s Civil Rights Team visit our website.
U.S. Attorney Charges Convicted Sex Offender Who Had Fled to Mexico with Sexual Exploitation of A Minor and Distribution of Child PornographyRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced that KENNEDY CARTER, a convicted sex offender who had fled to Mexico from probation in Oregon following a conviction for encouraging child sexual abuse in the first degree in that state, was arrested yesterday evening and charged with sexual exploitation of a child and other child sex offenses. Yesterday, March 21, 2024, CARTER was deported from Mexico by Mexican immigration authorities and arrived at San Francisco International Airport, where he was arrested by the FBI upon arrival. CARTER will be presented today in San Francisco federal court before U.S. Magistrate Judge Laurel Beeler.
U.S. Attorney Damian Williams said: “The charges unsealed today reflect the tenacity of the career prosecutors of this Office and our law enforcement partners who tracked down this alleged recidivist sex offender to Mexico after he fled from probation in Oregon. The defendant went to great lengths to avoid responsibility for his alleged unconscionable actions, but we relentlessly pursue justice for victims of child sexual abuse, and those responsible will face the full weight of the law, no matter where they may hide.”
FBI Assistant Director in Charge James Smith said: “Kennedy Carter, a convicted sex offender, allegedly coerced a 12-year-old girl to send him sexually explicit photos and videos of herself over the Internet. Carter’s arrest reaffirms the FBI’s commitment to protecting children from dangerous sexual predators. Crimes of this nature are inexcusable, making victims out of some of our most vulnerable members of society. We urge parents to continue having conversations with their children about safe online surfing and encourage the public to come forward with information that could help us identify other potential victims in this or any other case.”
As alleged in the Complaint:[1]
From at least on or about May 20, 2023, through at least on or about May 29, 2023, CARTER knowingly induced, enticed, and coerced a 12-year-old female minor located in Putnam County (“Victim-1”) to engage in sexually explicit conduct, to take sexually explicit photos and videos of herself engaging in such conduct, and to transmit them over the internet to CARTER. In addition, from at least on or about May 20, 2023, through at least on or about May 29, 2023, CARTER knowingly distributed material that contained child pornography, including photographs and videos of another minor female (“Victim-2”) to Victim-1 over the Internet. Finally, because CARTER is required by federal or any other law to register as a sex offender, and is so registered, and has committed a felony offense involving a minor in engaging in sexual exploitation of a minor, he is also subject to an enhanced penalty as charged in the Complaint.
Any individuals with information concerning KENNEDY CARTER and any individuals who may have encountered someone using the WhatsApp username [email protected] or the aliases “Mikey Portuguez Perez” or “Javed Montero,” please contact the FBI at 1-800-CALL-FBI or https://tips.fbi.gov.
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CARTER, 27, previously of Corvallis, Oregon, is charged with one count of sexual exploitation of a child, which, because of his prior state conviction in Oregon for encouraging child sexual abuse in the first degree, carries an enhanced mandatory minimum sentence of 25 years in prison and a maximum sentence of 50 years in prison; one count of receipt and distribution of child pornography, which, again due to his prior conviction, carries an enhanced mandatory minimum sentence of 15 years in prison and a maximum sentence of 40 years in prison; and one count of penalties for registered sex offenders, which carries a mandatory minimum sentence of 10 years in prison to run consecutive to any sentence imposed for the underlying offense of sexual exploitation of a child.
The minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the FBI’s Westchester Safe Streets Task Force and the Putnam County Sheriff’s Office. Mr. Williams also thanked law enforcement partners in Mexico, the Benton County Probation Office in Benton County, Oregon, the Department of Justice’s Office of International Affairs, and the U.S. Attorney’s Office for the Northern District of California for their assistance.
This case is being handled by the Office’s White Plains Division. Assistant U.S. Attorney Margaret N. Vasu is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Two Henderson, Kentucky Men Charged in a Methamphetamine Trafficking ConspiracyRead the Press Release
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, Commissioner Phillip Burnett, Jr. of the Kentucky State Police, and Chief Sean McKinney of the Henderson Police Department made the announcement.
According to the indictment, Elijah J. Roberts, 25, and Jeremy J. Frey, 49, were each charged with conspiring to possess with the intent to distribute, and distributing, over 500 grams of a methamphetamine mixture between April 2023 and August 31, 2023, in Henderson County, Kentucky.
Roberts made his initial court appearance before a U.S. Magistrate Judge in the Western District of Kentucky on March 8, 2024. Frey made his initial court appearance before a U.S. Magistrate Judge in the Western District of Kentucky on March 21, 2024. Both defendants face a mandatory minimum sentence of 10 years and a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
There is no parole in the federal system.
The FBI Owensboro Satellite Office, the Kentucky State Police, and the Henderson Police Department are investigating the case.
Assistant U.S. Attorney Mark J. Yurchisin II, of the U.S. Attorney’s Bowling Green Branch Office, is prosecuting this case.
An 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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Tracy Thibodeau Sentenced for Credit Union FraudRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that Tracy Thibodeau, 47, of Windsor, Vermont was sentenced yesterday in United States District Court in Burlington to time served following her guilty plea to a charge of credit union fraud. U.S. District Judge William K. Sessions III ordered that Thibodeau serve three years of supervised release and pay $136,936.57 in restitution. Thibodeau had not served any period of imprisonment prior to yesterday’s sentence.
On February 22, 2023, a federal grand jury in Rutland returned a one-count indictment charging Thibodeau, who at the time was known as Tracy Hill, with defrauding her former employer, the Vermont VA Federal Credit Union. The VVAFCU is a small credit union that has one office in White River Junction. Thibodeau began working at the credit union in 2015 and was promoted to branch manager some time in 2016. The credit union offered VVAFCU VISA credit cards to members and employees.
According to the indictment, in April 2019, Thibodeau misused her authority at the bank to open a personal VVVAFCU credit card account without proper authorization from her superiors. Later in 2019, Thibodeau again misused her access to the credit union’s credit card processing software to grant herself, without authorization, privileges on her card account. Those privileges eliminated maximum account limits; excused her from paying late fees and penalties on overdue balances; and eliminated monthly minimum payments. Between April 2019 and February 2021, Thibodeau used her credit card to make purchases in excess of $140,000. During that period, Thibodeau made only small monthly payments toward her large account balance. Thibodeau concealed her procurement and misuse of the credit card by manipulating internal credit card journal reports to hide from her superiors the existence of a large balance on her account. The credit union discovered the fraud in April 2022 and promptly fired Thibodeau. At that time, the outstanding balance on her account was about $137,000. That loss has been absorbed by the credit union and its insurer.
Thibodeau pleaded guilty to the indictment last fall.
United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the United States Secret Service and the Hartford Police Department.
Thibodeau is represented by Chandler Matson, Esq. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Three men charged with armed robbery conspiracy targeting U.S. Postal Service mail carriersRead the Press Release
NORFOLK, Va. – Three men from the Hampton Roads area have been indicted and arrested on federal charges accusing them of planning and executing robberies of U.S. Postal Service mail carriers at gunpoint and related financial fraud.
On March 19, Ricky Damion Christopher Jones, Jr., 20, of Virginia Beach was arrested on the following charges:
Charge
Statute
Conspiracy to Interfere with Commerce by Robbery
18 U.S.C. § 1951(a)
Interference with Commerce by Robbery
18 U.S.C. §§ 1951(a) and 2
Assault of a Federal Employee with a Dangerous Weapon
18 U.S.C. §§ 111(b) and 2
Stealing Keys Adopted by the Post Office
18 U.S.C. §§ 1704 and 2
Conspiracy to Commit Bank Fraud
18 U.S.C. § 1349
On March 19, Samir As-sad Hurd, 23, of Chesapeake, was arrested on the following charges:
Charge
Statute
Conspiracy to Interfere with Commerce by Robbery
18 U.S.C. § 1951(a)
Interference with Commerce by Robbery
18 U.S.C. §§ 1951(a) and 2
Assault of a Federal Employee with a Dangerous Weapon
18 U.S.C. §§ 111(b) and 2
Stealing Keys Adopted by the Post Office
18 U.S.C. §§ 1704 and 2
Conspiracy to Commit Bank Fraud
18 U.S.C. § 1349
Possession of a Stolen Firearm
18 U.S.C. §§ 922(j) and 2
On March 20, Manray Perry, 22, of Virginia Beach was arrested on the following charges:
Charge
Statute
Conspiracy to Interfere with Commerce by Robbery
18 U.S.C. § 1951(a)
Interference with Commerce by Robbery
18 U.S.C. §§ 1951(a) and 2
Assault of a Federal Employee with a Dangerous Weapon
18 U.S.C. §§ 111(b) and 2
Stealing Keys Adopted by the Post Office
18 U.S.C. §§ 1704 and 2
According to court documents, beginning at least in April 2023 through at least July 2023, Jones, Hurd, Perry, and other co-conspirators allegedly planned and executed armed robberies of postal carriers in which the co-conspirators approached U.S. Mail Carriers, brandished a firearm, and demanded their U.S. Postal Service-issued “arrow” keys. These alleged offenses occurred in Norfolk, Hampton, and James City County, Virginia.
The following co-conspirators pleaded guilty in the earlier-charged case United States v. O’Sirus Landres Charles Ford (a/k/a Siris), et al., 4:23-cr-51, and are awaiting sentencing:
On Dec. 13, 2023, Da’Twan Watson pleaded guilty to one count of interference with commerce by robbery. He is scheduled to be sentenced on April 18.
On Dec. 15, 2023, Jayden Stukes pleaded guilty to one count of interference with commerce by robbery. He is scheduled to be sentenced on April 17.
On Dec. 21, 2023, O'Sirus Ford pleaded guilty to one count each of conspiracy to interfere with commerce by robbery and using, carrying, and brandishing a firearm during and in relation to, and possessing a firearm in furtherance of, a crime of violence. He is scheduled to be sentenced on May 2.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Ajay Lall, Acting Inspector in Charge of the U.S. Postal Inspection Service – Washington Division, made the announcement.
This case was investigated by the U.S. Postal Inspection Service. The Newport News, Hampton, Williamsburg-James City County, and Virginia Beach Police Departments also assisted with the investigation.
Assistant U.S. Attorney Julie Podlesni is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office. Related court documents and information are located on the website of the District Court or on PACER by searching for Case No. 4:24-cr-18.
Superseding Tax Indictment Against Chicago Attorney Adds Charge for Alleged Witness TamperingRead the Press Release
CHICAGO — A federal grand jury has charged a Chicago attorney with corruptly attempting to influence the testimony of a witness in his federal tax fraud case.
MICHAEL ABRAMSON was originally indicted in 2018 on federal tax charges for allegedly filing false individual and corporate income tax returns. The original charges alleged that Abramson provided more than $1 million for personal expenses to a woman with whom he was romantically involved and then falsely characterized the funds as commissions or loans in his corporations' books and on the tax returns. Abramson was an attorney in Chicago who held ownership interests in two companies – Leasing Employment Services Co., Inc. and Eastern Advisors, Inc.
The superseding indictment returned this week in U.S. District Court in Chicago renews the prior tax charges and adds counts of witness tampering and contempt of court for Abramson’s alleged attempt to script the testimony of a witness to make it more favorable to Abramson. Abramson allegedly gave the witness a copy of her previous court testimony, on which he had made handwritten notes changing, supplementing, or otherwise scripting her answers, and told her to review it before Abramson’s trial on the tax charges, which was scheduled for Feb. 5, 2024. The witness for several years had provided bookkeeping and accounting services for Abramson’s companies.
As a result of the alleged witness tampering, Abramson’s trial was continued to July 1, 2024. Abramson’s bond was also revoked and he was remanded into federal custody pending trial.
Abramson, 74, of Wilmette, Ill., will be arraigned on the superseding indictment on March 28, 2024, at 9:30 a.m., before U.S. District Judge Virginia M. Kendall.
The superseding indictment was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, Robert W. “Wes” Wheeler, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI, and Justin Campbell, Special Agent-in-Charge of the IRS Criminal Investigation Chicago Field Office. The government is represented by Assistant U.S. Attorneys Richard M. Rothblatt and Misty N. Wright.
The public is reminded that charges are not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
Abramson superseding indictmentSuperseding Indictment Adds New Charges for Viva Grocery Store Owner and Adds New Defendants in Fraud ConspiracyRead the Press Release
A federal grand jury returned a 58-count superseding indictment Thursday adding new charges for Shahrir “Sean” Loloee, 53, of Granite Bay, and charging Sacramento residents Mirwais Shams, 36, and Ahmad “Shah” Shams, 29, for their participation in the fraud conspiracy, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Loloee is the owner of the Viva Supermarkets chain of grocery stores, and Karla Montoya, 42, of Sacramento, is the general manager. Mirwais Shams was the controller and financial auditor of the Viva Supermarkets, and Ahmad Shams held various positions, including as the human resources director.
In December 2023, Loloee and Montoya were charged in the original indictment with conspiracy, obstruction of Department of Labor proceedings, and possession and use of false immigration documents. They are alleged to have employed a labor force with many workers who lacked employment authorization, to have reduced labor costs through unlawful means including by failing to pay overtime wages, and to have obstructed Department of Labor investigations into their employment practices. Loloee was additionally charged with falsification of records and a pandemic relief fraud scheme.
Thursday’s superseding indictment additionally charges Loloee with conspiracy to defraud the IRS, willful failure to collect or pay over withheld taxes, three counts of filing a false tax return, and three counts of money laundering. Mirwais Shams and Ahmad Shams are each charged with conspiracy to defraud the IRS and two counts of filing a false tax return. Ahmad Shams is additionally charged with two counts of perjury. According to court documents, beginning in November 2017, Mirwais Shams and Ahmad Shams used various methods to manipulate employee time data to lower Loloee’s on-the-books payroll, overtime pay, the federal payroll tax obligation, and the labor costs overall. At the direction of Loloee, Mirwais Shams and Ahmad Shams modified the number of hours of Viva Supermarkets employees recorded on the time clock in tens of thousands of instances, representing a significant percentage of all punch-clock recorded worker time. This deprived employees of overtime pay and deprived the IRS of the payroll tax obligation that Loloee would bear if true hours were reported. Loloee and both Shams also filed their own false tax returns that underreported their own income, and Ahmad Shams is charged with two counts of lying to a federal grand jury about taxes and off-the-books payments.
The superseding indictment further charges Loloee with three counts for money laundering fraudulently obtained COVID-19 pandemic relief funds. According to court documents, in May 2021 Loloee fraudulently applied for $2.2 million in COVID-19 relief from the Restaurant Revitalization Fund program (RRF) and received $1.2 million. After receiving the $1.2 million, Loloee initiated the laundering of funds with 10 checks all bearing the same issue date of June 18, 2021, moving the money through multiple accounts that he controlled. Loloee completed the laundering with three bank transfers that moved $949,900 into a trust account in the name of one of his family members.
This case is the product of an investigation by the IRS Criminal Investigation and Homeland Security Investigations. Assistant U.S. Attorneys Audrey B. Hemesath, Matthew Thuesen, and Kevin Khasigian are prosecuting the case.
This case was investigated with the assistance of the Tax Recovery in the Underground Economy (TRUE) Task Force includes the California Department of Justice, the California Employment Development Department, the California Department of Tax and Fee Administration, the Franchise Tax Board, the IRS Criminal Investigation and HSI. The TRUE Task Force was created to ensure multi-agency collaboration and to combat wage theft, tax evasion, and other crimes in the underground economy.
If convicted, the defendants face these maximum sentences for each count of the following charges: five years in prison and a fine of up to $250,000 for conspiracy to defraud the Department of Labor, to commit immigration document fraud, and to obstruct justice; 10 years in prison and a fine of up to $250,000 for conspiracy to defraud the IRS; 10 years in prison and a fine of up to $250,000 for possession of false immigration documents; five years in prison and a fine of up to $250,000 for possession, acceptance and receipt of false immigration documents; 20 years in prison and a fine of up to $250,000 for obstruction of agency proceeding; 20 years in prison and a fine of up to $250,000 for falsification of records; five years in prison and a fine of up to $10,000 for willful failure to collect or pay over tax; three years in prison and a fine of up to $100,000 for a false tax return; 20 years in prison and a fine of up to $250,000 for wire fraud; 20 years in prison and a fine of up to $500,000 for money laundering; and five years in prison and a fine of up to $250,000 for perjury.
Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
loloee_superseding_indictment.pdfSt. Louis Man Who Killed a Woman During Two Carjackings Sentenced to 40 Years in PrisonRead the Press Release
ST. LOUIS – U.S. District Judge John A. Ross on Thursday sentenced a man from St. Louis, Missouri to 40 years in prison for killing a woman during one carjacking and shooting another woman during a carjacking a few weeks later.
Loyse Dozier, 21, fatally shot Laruth Jones on July 10, 2022, while stealing her Mercedes CLA 250. Jones had just parked at the Raqqa Mart at 352 Chambers Road, in Riverview, in St. Louis County. She was standing near the store’s entrance when she saw Dozier, who was wearing a full-face mask, get into her car. She confronted Dozier with her own pistol. During the resulting exchange of gunfire, Dozier fatally shot Jones. Before leaving in the stolen Mercedes, Dozier got out and stole Jones’ gun. He later set her car on fire in an alley in St. Louis.
On Aug. 1, 2022, Dozier shot another woman while trying to steal her car from a Walgreens at 1400 North Grand Boulevard in St. Louis. A masked Dozier walked onto the parking lot, opened the door of the victim’s Kia Optima and ordered her out. The victim got out and handed her keys to Dozier, who shot her twice with Jones’ stolen gun before getting in the Kia. An off-duty Florissant Police Department officer, who was working as a security guard inside the Walgreens, ran outside after the shooting and scared Dozier away. Dozier left his phone behind in the Kia.
Nine days later, St. Louis Metropolitan Police Department officers spotted Dozier at a gas station at West Florissant and Adelaide Avenues. He ran, discarding the gun he’d stolen from Jones and a bag containing 5.76 grams of fentanyl. Dozier had cocaine base in 25 plastic baggies in his pocket when he was arrested. He is also a convicted felon and is barred from possessing a firearm.
At Thursday’s sentencing hearing, the surviving carjacking victim spoke of the impact of Dozier’s crimes, as did Jones’ sister.
Dozier pleaded guilty in December to four felonies: carjacking resulting in death, attempted carjacking resulting in serious bodily injury, being a felon in possession of a firearm and possession with intent to distribute fentanyl.
The St. Louis Metropolitan Police Department, the St. Louis County Police Department and the FBI investigated the case. Assistant U.S. Attorney Matthew Martin prosecuted the case.
Springfield Man Indicted for Being a Felon in Possession of a Firearm and AmmunitionRead the Press Release
BOSTON – A Springfield man was indicted yesterday by a federal grand jury in Springfield for unlawfully possessing a firearm and ammunition.
Robbie Delgado, 25, was indicted on one count of being a felon in possession of a firearm and ammunition. Delgado will make an initial appearance in federal court in Springfield later today.
According to the indictment, on Feb. 8, 2024, Delgado allegedly possessed a Baretta .380 caliber semi-automatic handgun after being convicted of a felony.
The charge of possession of the firearm by a previously convicted felon provides for a sentence of up to 10 years in prison, up to 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; Brian A. Kyes, United States Marshal for the District of Massachusetts; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Springfield Police Commissioner Cheryl Clapprood made the announcement. Assistant U.S. Attorney Todd E. Newhouse of the Springfield Branch Office 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.
South Louisiana Men Sentenced to Federal Prison for Aggravated Identify TheftRead the Press Release
LAFAYETTE, La. - United States Attorney Brandon B. Brown announced that Joshua Dunbar, 24, of St. Martinville, Louisiana, and Jaqualyne Etienne, 24, of Lafayette, have both been sentenced by United States District Judge David C. Joseph for aggravated identity theft.
Dunbar was sentenced to two years in prison, followed by one year of supervised release. Etienne was previously sentenced on February 27, 2024, to two years in prison, followed by one year of supervised release. Dunbar and Etienne each pleaded guilty to one count of committing aggravated identify theft.
A federal investigation revealed that Dunbar and Etienne were involved in a scheme to use the personal identifying information (PII) of individuals to obtain the credit card accounts maintained by Synchrony Bank. Dunbar and Etienne used the PII of those individuals to request that a new credit card be issued for each of those accounts and sent to addresses in St. Martinville and New Iberia. Dunbar and Etienne then used those credit cards to make several fraudulent purchases.
Dunbar admitted at his guilty plea hearing that as a result of this fraudulent activity, he charged $66,421.43 using credit cards issued by Synchrony Bank and Etienne fraudulently charged $164,437.66 to those credit cards. Both defendants admitted to using the same method to acquire numerous credit cards from Synchrony Bank in the names of other real individuals and in each case, made fraudulent purchases.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations, and prosecuted by Assistant United States Attorney Craig R. Bordelon.
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South Carolina Man Facing Federal Charges for Murder of NMSP OfficerRead the Press Release
ALBUQUERQUE – Jaremy Smith has been charged by federal prosecutors for the murder of New Mexico State Police Officer Justin Hare. Smith, 33, of South Carolina, made his initial appearance today in federal court, where a detention hearing was scheduled for March 26, 2024.
Charges were announced at a press conference today. U.S. Attorney Uballez and Attorney General Torrez were joined by New Mexico Department of Safety Cabinet Secretary Jason R. Bowie, New Mexico State Police Deputy Chief Carolyn Huynh and Deputy Chief Matt Broom, Bernalillo County Undersheriff Johan Jareno and 2nd Judicial District Attorney Sam Bregman.
“We are one community, and the loss of one is a loss to us all,” said U.S. Attorney Uballez. “Never forget that this tragedy was bookended by hope—by strangers doing the right thing for people they’ve never met. Thank you to New Mexico State Police, Quay County Sherriff’s Office, the Bernalillo County Sheriff’s Office, and all our local partners for their tireless work this week. Your partners in federal law enforcement stand with you today and always.”
"We stand side-by-side with our federal and law enforcement partners to bring the fullest measure of justice to Officer Hare and his family,” said AG Torrez. “We will commit every resource available to this prosecution and hold Mr. Jaremy Smith accountable for his reprehensible actions."
The federal criminal complaint charges Smith with carjacking resulting in death and discharge of a firearm during and in relation to a crime of violence. If convicted of the current charges, Smith faces a mandatory minimum of 10 years in federal prison for the firearms offense. The more-serious charge of carjacking resulting in death carries a maximum penalty of life imprisonment or death.
There is no parole in the federal system.
According to court documents, in the early morning of March 15, 2024, New Mexico State Police Officer Justin Hare stopped to assist a disabled motorist. The motorist (later identified as Smith) exited the driver’s side of the car and approached the passenger window of Hare’s patrol car. Hare did not exit the patrol vehicle as he talked to Smith. After a short discussion, Hare asked Smith to walk to the front of the patrol vehicle. Instead, Smith shot Hare, who slumped to the right in the driver’s seat.
Smith then moved to the driver’s side of the patrol vehicle and shot Hare two additional times. SMITH then drove away with Hare still inside the vehicle. At some point, the vehicles distress system was activated and in response backup units were activated. Responding officers subsequently located Hare’s patrol vehicle near mile marker 304 on the north frontage road of I-40. Hare was found nearby with multiple gunshot wounds to the head and neck. He was transported to a local hospital where he succumbed to his injuries.
Local and federal enforcement immediately launched a large, coordinated effort across multiple jurisdictions to locate Smith, and his name and photograph were widely disseminated by media news outlets.
On March 17, 2024, Smith went to a gas station in Albuquerque. The clerk checked Smith’s identification card and recognized the distinct spelling of his name. The clerk contacted law enforcement, and Bernalillo County Sheriff’s Office (BCSO) deputies and NMSP officers responded to the area to investigate.
Officers located Smith, and he attempted to flee on foot. BCSO deputies pursued Smith, who reached for his waistband as officers closed in. At that point, BCSO officers fired their duty weapons, striking Smith, who was subsequently taken into custody and rendered medical aid.
Officers later determined that Smith had stolen a white flat-bed truck from the area of Cuervo, New Mexico.
“I am grateful for all the assistance and support my agency has received from our local and federal law enforcement partners in bringing the man accused of killing Officer Justin Hare to justice”, said Troy Weisler, Chief of the New Mexico State Police. “With the help of the Albuquerque office of the FBI, the U.S. Attorney’s Office, and the Attorney General, we will work together to see this case through. Our hearts continue to go out to the family and friends of Officer Hare, and we hope that the capture and prosecution of Smith will bring them closer to peace and closure.”
The FBI Albuquerque Field Office and New Mexico State Police investigated this case with assistance from the Tenth Judicial District Attorney’s Office and the Bernalillo County Sheriff’s Office. Assistant U.S. States Attorneys Paul Mysliwiec and Jack Burkhead are prosecuting the case.
View the Criminal ComplaintA criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Schenectady Man Sentenced to 132 Months for Cocaine, Marijuana and Firearms OffensesRead the Press Release
ALBANY, NEW YORK – Jeffrey C. Civitello Jr., age 24, of Schenectady, New York, was sentenced today to a total of 132 months and a day in prison for conspiring to traffic more than 5 kilograms of cocaine and more than 100 kilograms of marijuana, and to possessing two firearms in furtherance of a drug trafficking crime.
United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division, made the announcement.
In previously pleading guilty to marijuana and firearms offenses, Civitello Jr. admitted that from 2019 to 2021, he worked with others to acquire and sell more than 100 kilograms of marijuana. On October 21, 2021, the DEA executed a federal search warrant on Civitello’s penthouse apartment residence in Schenectady. Investigators located approximately 75 pounds of marijuana, mostly packaged in 1-pound bags, which Civitello Jr. intended to sell. Additionally, they found $407,545 in cash and a 14-karat Miami Cuban chain, all of which were proceeds of drug trafficking.
In Civitello Jr.’s bedroom, investigators located a loaded Taurus Judge Public Defender revolver and a Smith and Wesson M&P 15-22 rifle loaded with a high-capacity magazine containing numerous .22 caliber rounds, including a round in the chamber. Civitello Jr. admitted that he possessed these firearms to protect himself in the event that someone attempted to enter his apartment and steal his marijuana or his drug proceeds.
Additionally, Civitello Jr. was found guilty of cocaine offenses following an 8-day trial in April 2023. The trial evidence demonstrated a conspiracy to traffic about 15 kilograms of cocaine in March and April 2021, among Civitello Jr., his father Jeffrey C. Civitello, Sr., and three New York City-area men. Civitello Sr. was sentenced last year to 120 months in prison.
United States District Judge Mae A. D’Agostino also imposed on Civitello Jr. a 5-year term of post-imprisonment supervised release. Civitello Jr. has now forfeited the $407,545 in cash found in his safe, as well as the firearms, ammunition and the Miami Cuban chain, and agreed to entry of a $250,000 money judgment against him.
These cases were investigated by the DEA’s Capital District Drug Enforcement Task Force, which includes DEA Special Agents and investigators from state and local police agencies, including the Saratoga Springs Police Department, the Saratoga County Sheriff’s Office, the Washington County Sheriff’s Office, the Columbia County Sheriff’s Office, and the New York State Police.
Assistant U.S. Attorneys Michael Barnett and Dustin Segovia prosecuted these cases.
These cases are 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.
Rashad Trice, Who Killed Two-Year-Old Wynter Cole-Smith, Pleads Guilty to Kidnapping Resulting in DeathRead the Press Release
Faces Mandatory Life Sentence
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Rashad Trice, 27, pled guilty to Kidnapping Resulting in Death. Trice was indicted in July 2023 for Kidnapping Resulting in Death and Kidnapping a Minor. Sentencing is scheduled to proceed at 3 p.m. on July 19, before U.S. District Court Judge Robert J. Jonker. Trice faces a mandatory life sentence.
“What happened is heart-wrenching, but today marks an important step forward as we seek justice for Wynter Cole-Smith’s family and the people of Michigan,” said U.S. Attorney Mark Totten. “I’m incredibly grateful to FBI Michigan, the Lansing Police Department, and the more than two dozen other local, state, and federal partners who came running to help.”
As part of his plea agreement attached, Trice admitted that he kidnapped two-year-old Wynter Cole-Smith from her home in Lansing, Michigan on July 2, 2023, after a dispute with her mother. Trice took Wynter and drove to an alley in Detroit where he killed her and left her body. Investigators discovered her remains three days later.
According to the initial complaint, on July 2, 2023, a woman reported to the Lansing Police Department that she had been attacked by Trice and ultimately fled her apartment to escape him. When police responded to her apartment, Trice and the woman’s daughter, Cole-Smith, were no longer present. A white Chevrolet Impala had also allegedly been stolen. On July 3, police attempted to stop the white Chevrolet Impala in St. Clair Shores and the driver attempted to flee. Police apprehended the driver, Trice, but Cole-Smith was not in the car. Cell site information showed the approximate path Trice’s phone had recently taken, which prompted law enforcement to start conducting searches for Cole-Smith in specific areas. On July 5, 2023, law enforcement found Cole-Smith’s body in Detroit. Previous press releases can be viewed below.
- Rashad Trice Trial Date Set for April 16 in Wynter Cole-Smith Case
- Trice Pleads Not Guilty During Arraignment In Wynter Cole-Smith Case
- Trice Indicted For Kidnapping Resulting In Death And Kidnapping A Minor In Wynter Cole-Smith Case
- U.S. Attorney Totten Announces Federal Charges In The Kidnapping Of 2-Year-Old Wynter Cole-Smith
“Thank you to U.S. Attorney Mark Totten and his office for bringing this case across the finish line,” said Lansing Police Chief Ellery Sosebee. “My hope is this will give Wynter’s family, friends, and all of the law enforcement partners who were and are still affected by this tragedy a sense of closure.”
“Our primary objective during this investigation and judicial proceedings was to ensure justice for Wynter Cole-Smith and her family,” said Cheyvoryea Gibson, the Special Agent in Charge of the FBI in Michigan. “We stand in solidarity with our law enforcement partners to hold Rashad Trice accountable for his actions and bring closure to the family so they may begin to heal.”
This case was investigated by the FBI and Lansing Police Department, along with the U.S. Customs and Border Protection Air and Marine Operations, U.S. Customs and Border Protection, U.S. Border Patrol, U.S. Secret Service, Federal Air Marshal Service, Internal Revenue Service, U.S. Department of Labor, U.S. Attorney’s Office for the Eastern District of Michigan, Michigan State Police, Michigan State University Department of Police and Public Safety, Michigan Department of Corrections, Ingham County Sheriff’s Office, Ingham County Prosecutor’s Office, Eaton County Sheriff's Office, Oakland County Sheriff’s Office, Macomb County Sheriff's Office, Detroit Police Department, Detroit Public Schools Community District Department of Public Safety, Eastpointe Police Department, St. Clair Shores Police Department, Bloomfield Hills Police Department, Dearborn Police Department, Sterling Heights Police Department, West Bloomfield Police Department, Bloomfield Police Department, Southfield Police Department, Northville Township Police Department, and Clinton Township Police Department.
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Randolph County Man Sentenced to 30 Years for Possession and Production of Child PornographyRead the Press Release
GREENSBORO – A 46-year-old Archdale man was sentenced today to a total of 360 months in prison after pleading guilty to one count of possession of child pornography and one count of production of child pornography, announced United States Attorney Sandra J. Hairston of the Middle District of North Carolina (MDNC).
According to court records, acting on tips provided to the National Center for Missing and Exploited Children and other agencies, the Archdale Police Department interviewed KEVIN THOMAS FAISON on January 31, 2021. During the interview FAISON admitted to viewing and exchanging images of child pornography online. The following day, FAISON gave written consent to the search of three smartphones in his possession. On one of the phones, investigators discovered more than 300 images of child pornography, including multiple images that appeared to have been produced by FAISON. Forensic analysis of FAISON’s other phones revealed additional images of child pornography, including images produced by FAISON.
United States District Court Judge Loretta C. Biggs sentenced FAISON to a 120-month term of imprisonment for the possession of child pornography count and to a 240-month term of imprisonment for the production of child pornography count and ordered that the terms run consecutively. Upon release from prison, FAISON will be subject to lifetime supervised release. In addition, FAISON was ordered to pay restitution to victims totaling $32,500.00 and special assessments totaling $5,000.00. He pleaded guilty to one count each of possession and production of child pornography on November 9, 2022.
The case was investigated by the Archdale Police Department, the Department of Homeland Security Investigations, and the North Carolina State Bureau of Investigations. The case was prosecuted by Assistant United States Attorneys Lindsey A. Freeman and JoAnna G. McFadden.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Purported Aircraft Leasing Business Pays $700,000 to Resolve Alleged Violations of FAA Safety RegulationsRead the Press Release
RALEIGH, N.C. – The U.S. Attorney’s Office for the Eastern District of North Carolina announced today that Campbell Oil Company (“Campbell Oil”); Executive Aircraft Services, Inc. (“EAS”); Brian D. Campbell; and David Taylor Stephens have agreed to resolve allegations that they conducted illegal charter flights, contained in the March 10, 2023, Complaint filed by the United States captioned United States v. Campbell Oil Company et al., No. 7:23-CV-265 (the “Complaint”).
The settlement resolves allegations, which are more fully laid out in the Complaint, that beginning at least as early as April 2017 and through March 2019, the defendants operated more than 150 paid, passenger-carrying flights in violation of Federal Aviation Administration safety regulations.
Federal law recognizes two types of aircraft leases: “wet leases,” in which an aircraft lessor also provides crew and other services, and “dry leases,” in which an aircraft lessor provides only the aircraft. The Federal Aviation Administration requires that lessors who make aircraft available pursuant to wet leases satisfy heightened safety and certification requirements. Pilots who conduct flights pursuant to wet leases also must satisfy heightened requirements for training, testing, and competency. Federal law further requires “commercial operators”—individuals or entities that hold themselves out as willing to transport person or property for compensation—to comply with those same heightened certification and safety standards.
The settlement resolves allegations that Campbell Oil and EAS entered into “sham” dry lease agreements, which purported to lease aircraft without any pilot or other services. However, according to the Complaint, the leases were, in substance, wet leases because Campbell Oil and EAS, through their President Brian Campbell, allegedly made the aircraft available to their customers in conjunction with pilot services offered by David Stephens and other pilots with whom Defendants had relationships, all without complying with the heightened safety and certification standards mandated by law for wet leases and commercial operators. Defendants allegedly also held themselves out to the public as offering air charter services, including by paying commissions to Stephens for soliciting customers for the air charter business.
Under the terms of the settlement agreement, Defendants agreed to pay a $700,000 civil penalty. Defendants are no longer operating the aircraft leasing business that is the subject of the allegations resolved in the settlement.
The resolution obtained in this matter was the result of a coordinated effort between the United States Attorney’s Office for the Eastern District of North Carolina and the Federal Aviation Administration. Assistant United States Attorney Andrew Kasper represented the United States.
The United States’ factual and legal assertions are allegations only, and there has been no admission or judicial determination of liability. The civil settlement agreement is not an admission of any liability by Defendants, nor a concession by the United States that its potential claims were not well-founded.
Related court documents and information from the civil lawsuit are available on PACER by searching for Case No. 7:23-CV-265.
Physician pays $1.8M to settle False Claims Act liabilityRead the Press Release
HOUSTON – A Houston-area doctor and his diagnostic facilities have agreed to pay to resolve False Claims Act (FCA) allegations regarding the submission of claims to Medicare and Medicaid that were medically unnecessary and in violation of the Physician Self-Referral Law (aka Stark Law), announced U.S. Attorney Alamdar S. Hamdani.
From July 22, 2014, through July 10, 2017, Dr. Mohammad Athari, 80, Houston, and United Neurology P.A. allegedly engaged in a pattern and practice of falsely billing Medicare Part B. The claims were for services that were not reasonable or medically necessary because the patients’ diagnoses or medical records did not support them or unlicensed and untrained technicians had incorrectly or inadequately rendered them.
This settlement also resolves allegations that from Jan. 7, 2014, through Jan. 8, 2021, Athari submitted or caused the submission of false claims to Medicare by billing for diagnostic imaging procedures in violation of the Stark Law. Athari allegedly referred his neurology patients to diagnostic centers he owns (Universal MRI Baytown, Universal MRI Humble and Universal MRI Conroe) in violation of the Stark Law.
The Stark Law seeks to safeguard the integrity of the Medicare program by prohibiting physicians from referring patients to receive “designated health services” Medicare pays from entities with which the physician has a financial relationship.
“The Stark Law was enacted to ensure that a physician’s clinical judgment is not corrupted by improper financial incentives,” said Hamdani. “Similarly, physicians that bill government healthcare programs must ensure they are billing for medically necessary services and not just maximizing their own income. Our office will continue to pursue cases that will protect the integrity of government healthcare programs and safeguard taxpayer dollars while ensuring that patients receive consistent and quality care.”
“Personal financial incentives corrupt the medical decision-making process, leading to harm for patients and depletion of funds from federally funded health care programs. Physicians who fraudulently submit medically unnecessary claims prioritize profit over their duty to patients,” said Special Agent in Charge Jason E. Meadows with the Department of Health and Human Services - Office of Inspector General (DHHS-OIG). “DHHS-OIG remains steadfast in holding accountable those who prioritize personal gain over delivering legitimate medical services.”
The settlement stems from a qui tam or whistleblower complaint filed under the FCA which permits a private party to file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is United States ex rel. Lisa Parker v. Mohammad Athari M.D., et al. (4:20-cv-02056). The whistleblowers will receive 18% of the proceeds from the settlement with Athari.
The U.S. Attorney’s Office for the Southern District of Texas and the Texas Attorney General’s Office – Civil Medicaid Fraud Division conducted the investigation with assistance from DHHS - OIG. Assistant U.S. Attorney Melissa Green handled the matter.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Ohio Felon Convicted of Carrying Out Series of Armed Pharmacy Robberies Throughout Western PennsylvaniaRead the Press Release
PITTSBURGH, Pa. - After deliberating for approximately two and a half hours, on March 21, 2024, a federal jury found Abdulrahman Abdelaziz Jamea guilty of seven crimes: one count each of conspiracy to commit armed pharmacy robbery and conspiracy to possess with the intent to distribute controlled substances, three counts of armed pharmacy robbery, and two counts of pharmacy robbery, United States Attorney Eric G. Olshan announced today.
Jamea, 26, formerly of Columbus, Ohio, was tried before United States Senior District Judge Arthur J. Schwab in Pittsburgh.
Evidence introduced during the four-day trial, through 19 witnesses, established that the defendant participated in a conspiracy to rob pharmacies of Schedule II controlled substances—that is, highly addictive opioids and stimulants—between September 2018 and July 2019. This conspiracy included the robberies of pharmacies in Beaver, Bridgeville, Edinboro, Erie, and the Oakland area of Pittsburgh, Pennsylvania. During three of the robberies, Jamea and his co-conspirators brandished a firearm to threaten the lives of pharmacists and pharmacy technicians and to intimidate them into opening the locked safes where the controlled substances were kept. Evidence also established that the defendant went on to distribute these stolen narcotics in the Columbus, Ohio, area.
Judge Schwab scheduled sentencing for July 31, 2024. The maximum penalty for the most serious offense of conviction is 25 years in prison, a fine of up to $250,000, or both. Under the federal Sentencing Guidelines, the actual sentence imposed is based on the seriousness of the offenses and the prior criminal history of the defendant.
Jamea is currently serving a prison sentence of more than 40 years following his earlier conviction in Ohio state court for multiple counts of felonious assault with a firearm. He remains in custody pending his sentencing in the Western District of Pennsylvania.
Assistant United States Attorneys Barbara K. Doolittle and Michael R. Ball prosecuted this case on behalf of the United States.
The Drug Enforcement Administration, Pennsylvania State Police, Pittsburgh Bureau of Police, Erie Police Department, Edinboro Police Department, Beaver Police Department, Bridgeville Police Department, and Ohio Highway Patrol all participated in the investigation leading to the conviction of Jamea.
New Jersey man admits sexual abuse of passenger while on flight from New Jersey to BozemanRead the Press Release
MISSOULA — A New Jersey man on March 21 admitted to repeatedly touching a woman who was seated next to him on a commercial flight from New Jersey to Bozeman, U.S. Attorney Jesse Laslovich said today.
Piyush Mathew, 31, of Robbinsville Township, New Jersey, pleaded guilty to abusive sexual contact in the special aircraft jurisdiction of the United States as charged in an indictment. Mathew faces a maximum of two years in prison, a $250,000 fine and at least five years of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for July 31 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. Mathew was released pending further proceedings.
In court documents, the government alleged that Mathew and the victim, identified as Jane Doe, were seated next to each other on a commercial airlines flight from Newark, New Jersey, to Bozeman on Sept. 7, 2023. During the flight, Mathew, pretending to be asleep, touched Jane Doe multiple times on different parts of her body, including her thighs, fingers, arms, stomach, and breasts. Jane Doe, who was afraid of Mathew, leaned forward at one point, but Mathew then placed his hands on her side. Upon arrival in Bozeman, Jane Doe, still in fear of Mathew, hoped to alert the flight crew of Mathew’s behavior, however, Mathew stood immediately behind her for deboarding, and she felt she was unable to tell the flight crew. Jane Doe asked another male passenger, identified as C.B, whom she did not know, to pretend to be her husband’s friend and stay with her as they left the airplane. C.B. told investigators he observed Mathew lean toward Jane Doe during the flight and that Jane Doe “looked like she was about to cry” after they landed. When law enforcement approached Mathew in New Jersey and told him they were investigating an incident that occurred on the flight, Mathew responded, “Did she complain that I was touching her?”
Assistant U.S. Attorney Zeno B. Baucus is prosecuting the case. The FBI, Gallatin Airport Authority, and Bozeman Airport Police conducted the investigation.
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Nebraska Man Sentenced to 63 Months in Federal Prison for Firearms ChargeRead the Press Release
COUNCIL BLUFFS, Iowa – A Pilger, Nebraska man was sentenced March 19, 2024, to 63 months in prison for Prohibited Person in Possession of Ammunition.
According to public court documents, Nathaniel Lewis Kreikemeier, 32, was charged in a two-count Indictment, and on November 2, 2023, he pled guilty to Count Two, Prohibited Person in Possession of Ammunition.
Kreikemeier fled from an Iowa State Patrol traffic stop. After a chase that included Kreikemeier ramming through a fence gate and driving into oncoming interstate traffic, law enforcement officers were able to complete the stop. Kreikemeier attempted to flee on foot and was caught and placed in custody. A subsequent search of the vehicle located a double-barreled sawed-off shotgun, ammunition, and illegal drugs. Kreikemeier had been previously convicted of a felony and knew he was prohibited from possession of firearms and ammunition.
After completing his term of imprisonment, Kreikemeier will be required to serve three years of supervised release. There is no parole in the federal system.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was investigated by the Division of Narcotics Enforcement, Iowa State Patrol and Council Bluffs Police Department.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.
Navajo Nation Man Sentenced to Prison for Second-Degree MurderRead the Press Release
ALBUQUERQUE – A federal judge sentenced a man to federal prison for the December 2020 murder of his friend. Isaiah Augustine Bob, 39, an enrolled member of the Navajo Nation, was sentenced to 15 years in prison followed by five years of supervised release. Bob was also ordered to pay restitution to his victim’s family for funeral expenses, as well as for expenses his victim’s family incurred cleaning up the blood and damage to the victim’s home that resulted from his killing.
There is no parole in the federal system.
According to court documents, John Doe invited Bob, a lifelong family friend who was temporarily homeless, to reside with Doe in June 2020 at Doe’s residence in Church Rock, New Mexico. On December 4, 2020, Bob beat Doe to death following an argument at Doe’s home. Doe’s causes of death were determined to be blunt-force trauma to his head, torso, and extremities.
On March 10, 2023, Bob pled guilty to second-degree murder in Indian Country.
At sentencing, the federal judge found John Doe was a “vulnerable victim,” which means Doe was particularly susceptible to Bob’s criminal conduct and thus was in need of greater societal protection than the average citizen. This finding resulted in an upward adjustment to Bob’s sentencing-guideline level.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The case was investigated by Gallup Resident Agency of the FBI’s Albuquerque Field Office with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorneys Alexander F. Flores and Zachary Jones prosecuted the case.
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Multi-Agency Lowcountry Take Down Results in Illegal Narcotics, Firearm Offenses, and Conspiracy ChargesRead the Press Release
CHARLESTON, S.C. — United States Attorney Adair F. Boroughs, together with federal, state, and local law enforcement officials, announced that more than a dozen individuals were charged in federal court in connection with narcotics, firearms, and conspiracy offenses after a targeted violent crime reduction initiative in Walterboro and the surrounding areas. The indictments are a result of a series of coordinated arrests made following a targeted multi-agency investigation that spanned several months.
During the investigation, the FBI assisted local and state law enforcement agencies in an advanced, intelligence-based, multi-faceted law enforcement operation. The purpose of the operation was to target criminal entities, specifically those engaged in the illegal possession and distribution of narcotics, as well as the unlawful possession and use of firearms. Federal, state, and local law enforcement officials concentrated resources and personnel in these areas to curb the narcotics trafficking and its related violence.
The joint investigation has led to 14 defendants facing federal charges. Agents seized multiple firearms, ammunition, and various dangerous drugs such as fentanyl, methamphetamine and cocaine.
The following charges have been filed in United States District Court, according to court documents:
- Trevor Courtney Fishburne, Jr., 34 of Walterboro, was charged with conspiring to distribute 5 kilograms or more of cocaine, 50 grams or more of methamphetamine, 400 grams or more of fentanyl and a quantity of MDMA. Fishburne is currently serving a sentence for armed robbery, assault and battery with intent to kill and weapons offense in the South Carolina Department of Corrections.
- Zaquann Ernest Hampton, 30, of Walterboro, was charged with conspiring to distribute 50 grams or more of methamphetamine, 500 grams or more of cocaine, 500 grams or more of cocaine base, 40 grams or more of fentanyl, a quantity of heroin and a quantity of MDMA. Additionally, Hampton is charged with multiple counts of distribution of methamphetamine; one count of possession with intent to distribute quantities of cocaine, cocaine base, and fentanyl; two counts of possession of firearms in furtherance of a drug trafficking crime; and one count of possession of firearms by a prohibited person.
- Jaziah Samone Dresha Lewis, 27, of St. George, was charged with conspiring to distribute 50 grams or more of methamphetamine, 500 grams or more of cocaine and 40 grams or more of fentanyl. Additionally, Lewis was charged with one count of possessing with intent to distribute 40 grams or more of fentanyl and 50 grams or more of methamphetamine, and a separate additional count of possessing with intent to distribute 50 grams or more of a mixture containing methamphetamine.
- Jamie Brown, 50, of Yemassee, was charged with conspiring to distribute 5 kilograms or more of cocaine, a quantity of cocaine base and a quantity of fentanyl. Additionally, Brown is charged with possessing with intent to distribute quantities of cocaine, cocaine base and fentanyl, possession of firearm in furtherance of a drug trafficking crime, and possession of firearms by a prohibited person.
- Stephanie Hawkins, 37, of Summerville, was charged with conspiring to distribute 50 grams or more of methamphetamine and 4o grams or more of fentanyl. Additionally, Hawkins was charged with one count of possessing with intent to distribute 40 grams or more of fentanyl and 50 grams or more of methamphetamine.
- Oshalum Grant, 27, of Walterboro, was charged with conspiring to distribute a quantity of cocaine. Additionally, Grant was charged with one count of possession of ammunition by a prohibited person.
- Matthew Rashaun Jones, 30, of Walterboro, was charged with conspiring to distribute 50 grams or more of methamphetamine and quantities of cocaine, cocaine base, MDMA and fentanyl. Additionally, Jones was charged with possessing with intent to distribute quantities of cocaine, cocaine base and fentanyl; possession of firearms by a prohibited person; and possession of firearms in furtherance of a drug trafficking crime.
- Brianna Alnisa Lawrence, 28, of Walterboro, was charged with conspiring to distribute 50 grams or more of methamphetamine and a quantity of cocaine. Additionally, Lawrence was charged with distribution of 50 grams or more of methamphetamine and transfer of ammunition to a prohibited person.
- Rashawn Lymel Brown, 29, of Summerville, was charged with conspiring to distribute 500 grams or more of methamphetamine and 500 grams or more of cocaine. Additionally, Brown was charged with two counts of distribution of cocaine; two counts of possession of a firearm in furtherance of a drug trafficking crime; one count of possessing with intent to distribute marijuana; and one count of possession of a short-barreled rifle.
- Brittaney Smith, 28, of Walterboro, was charged with conspiring to distribute 500 grams or more of cocaine.
- James Joseph Young, III, 30, of Summerville, was charged with conspiring to distribute 5 kilograms or more of cocaine and 500 grams or more of methamphetamine. Additionally, Young was charged with three counts of distribution of cocaine.
- Wanda Catrece Fishburne, 50, of Yemassee, was charged with conspiring to distribute 500 grams or more of cocaine and quantities of fentanyl and cocaine base. Additionally, Fishburne was charged with possessing with intent to distribute fentanyl, cocaine base and cocaine; possession of a firearms in furtherance of a drug trafficking crime; and possession of firearms by a prohibited person.
- Jaden Tyrone Smith, 23, of Walterboro, was charged with conspiring to distribute 500 grams or more of cocaine.
- Richard Vernon Deas, 25, of Charleston, was charged with conspiring to distribute 50 grams or more of methamphetamine and 40 grams or more of fentanyl. Deas is currently serving a sentence for murder in the South Carolina Department of Corrections.
The case was investigated by the FBI Columbia Field Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), United States Secret Service, State Law Enforcement Division (SLED), South Carolina Department of Corrections (SCDC), Fourteenth Circuit Solicitor’s Office, Colleton County Sheriff’s Office, Dorchester County Sheriff’s Office, Charleston County Sheriff’s Office, Florence County Sheriff’s Office, Marion County Sheriff’s Office, Charleston Police Department, North Charleston Police Department, Mount Pleasant Police Department, Summerville Police Department and South Carolina Highway Patrol. Assistant United States Attorneys Carra Henderson and Nick Bianchi are prosecuting the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
The United States Attorney stated that all charges in this indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Montana Man Sentenced for Assaulting a Federal OfficerRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Wolf Point, Montana, man convicted of Assaulting, Resisting, and Impeding a Federal Officer. The sentencing took place on March 18, 2024.
Marcus Cloke, age 19, was sentenced to nine years in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Cloke was indicted for Assaulting, Resisting, and Impeding a Federal Officer by a federal grand jury in May of 2023. He pleaded guilty on December 7, 2023.
As part of an inmate exchange agreement, Cloke was transferred to the Rosebud Sioux Tribe Adult Corrections Facility in Mission, South Dakota, from the Fort Peck Adult Correctional Facility in Poplar, Montana. The defendant was serving a sentence after being convicted in Fort Peck Tribal Court. On May 6, 2023, the defendant was housed in the disciplinary unit refusing to go to his individual cell. A correctional officer entered the unit to speak to the defendant. Rather than going back to his cell, the defendant struck the officer in the face and a struggle ensued, with the defendant continuing to throw punches at the officer. The officer wrestled the defendant to the floor to gain control. The defendant, however, was able to grab the officer’s baton and struck the officer in the head numerous times. As the two continued to wrestle, the defendant was able to gain an advantage and position himself on top of the officer. The defendant then used his fists to strike the officer in the face and body. The officer had significant swelling to his right eye, lacerations to his lip, forehead, and scalp, and bruising to his tongue, left ear, and right jaw. The officer received staples for his scalp laceration and sutures for his forehead laceration.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Rosebud Sioux Tribe Adult Corrections Facility. Assistant U.S. Attorney Abby Roesler prosecuted the case.
Cloke was immediately remanded to the custody of the U.S. Marshals Service.