Western District of Michigan

          GRAND RAPIDS, MICHIGAN —U.S. Attorney Mark Totten today announced the civil forfeiture and return of over $79,000 that was stolen from an individual victimized by a “debt elimination services” scam. This is the latest public action by the U.S. Attorney’s Office in its ongoing efforts to combat fraudsters who seek to financially exploit vulnerable individuals.

          “Scams, including fraudulent promises to eliminate debt, are everywhere and can financially ruin unsuspecting victims. Be aware: if something sounds too good to be true, it’s probably a scam,” said U.S. Attorney Totten. “Thankfully, due to the hard work of the FBI, the fraud in this case was detected quickly and all lost funds were returned to the victim. Working with our law enforcement partners, we will continue to use every available tool to ensure fraudsters don’t benefit from their crimes.”

          Criminal organizations engage in a variety of scams with the intention of convincing unwitting victims to send money to locations or bank accounts based in the United States or overseas. One type of scam involves purported debt elimination services, where the fraudsters offer to pay off the victim’s debt obligations for an upfront fee that is considerably less than the underlying debt. The fraudsters induce the victims by paying off small increments of debt in the beginning to gain trust, and eventually, the victims pay larger upfront fees while the underlying debt remains unpaid.

          “The victim in this case lost more than $79,000 in a debt elimination scam, one of many types of scams criminals use to separate people from their hard-earned money,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “The return of those funds would not have been achievable without the cooperative efforts of FBI agents and federal prosecutors in the Western District of Michigan. Forfeiture of ill-gotten gains not only takes money from criminals, but it is among our most powerful tools to make victims whole.”

          According to allegations contained in the civil forfeiture complaint filed in U.S. District Court (attached), in September 2021, fraudsters contacted the victim by phone, offering a debt elimination service, which was a scam. Throughout the scam, the victim made upfront “fee payments” that totaled $79,760, while the victim’s underlying debt was never paid off. Following an investigation, these fraud proceeds were seized by the FBI from various bank accounts, forfeited to the United States, and ultimately returned to the victim.

          The U.S. Attorney’s Office continues to combat financial fraud schemes against vulnerable victims, including the elderly, by expanding efforts to investigate and promote coordination with law enforcement partners, and by seizing fraud proceeds through federal forfeiture laws.

          In addition to debt elimination service fraud, some well-known examples of financial scams targeting seniors and other vulnerable populations are:

• Lottery phone scams: fraudsters persuade victims that a large fee or tax must be paid before they can receive lottery winnings.

• Grandparent scams: fraudsters convince elderly victims that their grandchildren are in trouble and need money to pay rent, repair a car, or make bail.

• Romance scams: scammers lull victims into believing that they are in a romantic relationship and that the scammers need money to travel to the U.S. or for some other seemingly legitimate purpose.

• IRS or government imposter scams: fraudsters pose as IRS or other government officials that claim the victims owe the government money.

• Sham business opportunities: fraudsters convince victims to invest in lucrative business opportunities or investments.            

          To avoid falling victim to financial scams:

• Don’t share personal information with anyone you don’t know.
• Don’t send money or pay upfront fees to obtain some greater financial benefit down the road. Remember, it’s not rude to say, “No.”
• If you are unsure about contact you receive from a potential fraudster, take the time to talk to a trusted family member or friend before you do anything.

          If you have been contacted by a fraudster, or believe you have fallen victim to a scam, please file a report with the Justice Department’s Elder Fraud Hotline at 1-833-Fraud-11, the Federal Trade Commission (FTC) via their website or by calling 877-FTC-HELP, or the FBI, for law enforcement action, at https://tips.fbi.gov/.

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that John Figg, 56, of Grand Rapids Michigan pleaded guilty to federal charges which stem from the discovery of his embezzlement of over $870,000 from United Bank between 2014 and 2021. 

          “Hardworking citizens are entitled to know that when they entrust their money to a bank, it will remain there safe and secure,” said U.S. Attorney Totten. “This prosecution serves as a reminder to bank officials that we will not tolerate any violation of the trust we put in our banks.”

          According to court documents, Figg used his access to bank records to obtain funds in a variety of ways. First, he identified customer accounts held by depositors that did not scrutinize their accounts and used his access to them to remove funds for his own use.  Second, he obtained phony loans in customer names and used the loan proceeds for his own use.  Third, he funneled fees normally collected by the bank in connection with loan closing costs to his own use. This resulted in losses of approximately $870,000.

          Figg generated taxable income from this activity between 2016 and 2020.  However, he concealed this income from his tax preparer when that person prepared his tax returns.  As a result, each year Figg underreported his taxable income knowing that it was subject to taxation and with the intent to avoid payment of those taxes.

          “Mr. Figg betrayed the trust placed in him by his employer and the public, who have every right to expect bank employees to be honest and law abiding,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “This type of illegal conduct can undermine the financial health of banks and credit unions. As a result, the FBI and IRS will continue our work to hold corrupt insiders fully accountable for their crimes.”

          “John Figg abused a position of trust as an officer at a federally insured bank when he stole money from unsuspecting victims. He then concealed these funds and used them for his own personal gain,” said Charles Miller, Acting Special Agent in Charge Detroit Field Office, Internal Revenue Service - Criminal Investigation. “The IRS is committed to working with the U.S. Attorney’s Office and our law enforcement partners to aggressively investigate individuals who engage in financial fraud and tax evasion and make them accountable for their crimes.”

          Figg pleaded guilty to two federal crimes today.  The first is embezzlement by a bank employee in violation of Title 18, United States Code, Section 656. This carries a maximum penalty of 30 years in prison.  The second crime is tax evasion in violation of Title 26, United States Code, Section 7201, which carries a maximum prison term of five years in prison.   Sentencing will occur at a date to be determined by U.S. District Judge Paul L. Maloney.                 

          This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service.  Prosecution of the case is assigned to Assistant United States Attorney Timothy VerHey.   

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Lavonne Kemp alleged to be cash clearinghouse for nationwide “mistaken refund” fraud

          GRAND RAPIDS – U.S. Attorney for the Western District of Michigan Mark Totten today announced that Lavonne Kemp, 67, of Battle Creek was charged in federal court for participating in a conspiracy to commit fraud using the mail.

          “These allegations are extremely concerning involving an alleged scheme to prey upon unsuspecting victims,” said U.S. Attorney Mark Totten. “I implore the public to remain vigilant, wary, cautious, and to always verify suspicious claims or claims that seem ‘too good to be true’ to help protect yourself from falling victim to potential scams or fraud.”

          According to court documents, Kemp participated in a fraud scheme targeting home computer users across the United States, known as a “mistaken refund” scam.  People became victims of the scam when they were deceived by an email message falsely claiming that a bank withdrawal had been made from their bank account to allegedly pay for the installation of computer security software.  The message invited anyone disagreeing with the charge to call a “customer service” number. Those who called this number spoke with a person who agreed to immediately reverse the “charge.”  During this refund process, the “customer service” co-conspirator indicated that he had mistakenly deposited thousands of dollars into the victim’s account because of a keystroke error. The victim was then induced to rectify this “error” by mailing cash to Kemp’s address in Battle Creek.  Between January 2021 and September 2022, Kemp allegedly received approximately $3,500,000 traceable to this fraudulent scheme.

          Kemp is charged with mail fraud conspiracy, in violation of Title 18, United States Code, Section 1349.  This offense carries a maximum penalty of 20 years in prison, a fine of twice the gross gain or loss caused by the fraud, three years of supervised release following prison, and forfeiture of property.  No other members of the conspiracy have yet been charged.

          “Our agents remain committed to investigating allegations of fraud wherever they may be,” said HSI Detroit Special Agent in Charge Angie M. Salazar. “Working with our local partners and the U.S. Attorney’s Office, we can help keep hard-working Americans safe from schemes and hold those behind them to account for their actions.”

          Kemp had her initial court appearance today in Grand Rapids. Further proceedings will be handled by U.S. District Judge Paul Maloney.  Prosecution of the case has been assigned to Assistant United States Attorney Timothy VerHey.

          The Department of Homeland Security and Battle Creek Police Department are investigating 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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Attorney General Advisory Committee’s Civil Rights Subcommittee meeting in Selma and Montgomery with Civil Rights leaders at Alabama’s historic memorials and museums

          Grand Rapids – U.S. Attorney for the Western District of Michigan Mark Totten will join more than 30 other U.S. Attorneys from across the country as a delegation to commemorate the 58th Anniversary of “Bloody Sunday,” the March over Selma’s Edmund Pettus Bridge, and the passage of the Voting Rights Act of 1965. Totten has served as a member of the Attorney General Advisory Committee’s Civil Rights Subcommittee (AGAC) since taking office in May 2022.

          “I’m honored to join colleagues from across the United States on this trip to Montgomery and Selma, home to some of the most important moments in the Civil Rights Movement,” said U.S. Attorney Mark Totten. “Our work protecting civil rights goes back more than 150 years. The Department of Justice was born in 1870 and tasked with dismantling the KKK, which was terrorizing African Americans across the South. That original charge of taking on hate and discrimination is still very much a part of our mission today. And my office and I are committed to using every power we have to protect these rights across the Western District of Michigan.”

          From March 4-7, 2023, U.S. Attorneys from across the country will meet with community and civil rights leaders while exploring some of the significant and educational civil rights institutions in Alabama. U.S. Attorney for the Western District of Washington Nick Brown is hosting the delegation’s visit.

          In addition to the Selma March scheduled for Sunday March 5, 2023, the U.S. Attorneys will meet with Assistant Attorney General Kristen Clarke of DOJ’s Civil Rights Division, as part of the subcommittee work supporting the AGAC.

           Other meetings and visits during the trip will focus on both historic civil rights conflicts and issues that are still fresh today.

• The group will meet with distinguished jurist Myron Thompson, the first Black Assistant Attorney General for Alabama and the second Black Federal Judge in the state. As the former Chief Judge in the Middle District of Alabama, Judge Thompson was instrumental in preserving the Montgomery bus station where the Freedom Riders were attacked in 1961 and the establishment of the Freedom Rides Museum. Judge Thompson is a recipient of the Thurgood Marshall award for his “personal contributions and extraordinary commitment to the advancement of civil rights.”
• The group will also meet with Bryan Stevenson, Founder and Executive Director of the Equal Justice Initiative, a nonprofit organization that provides legal representation to people who have been illegally convicted, unfairly sentenced, or abused in state jails and prisons.
• The attorneys will visit The Johnson Institute in the Montgomery federal courthouse where many key civil rights cases were decided. The Johnson Institute demonstrates through its programming the importance of the U.S. Constitution and the independent judiciary.
• They will go to The Legacy Museum, which provides a comprehensive history on the legacy of slavery. Lynching, codified racial segregation, and the emergence of over-incarceration in the 20th century, are examined in depth and brought to life through film, images, and first-person narratives at the museum. 
• At the Memorial for Peace and Justice the group will reflect on America’s History of racial injustice. Set on a six-acre site, the memorial uses sculpture, art, and design to contextualize racial terror. The site includes a memorial square with 800 six-foot monuments to symbolize thousands of racial terror lynching victims in the United States.

          The U.S. Attorneys from the following districts are attending the Selma and Montgomery events: Massachusetts, Connecticut, New Jersey, South Carolina, New Hampshire, Maine, Colorado, Nevada, Idaho, Vermont, South Dakota, Kansas, Western and Middle Districts of Louisiana,  Eastern Wisconsin, Eastern and Western Districts of Michigan, Middle District of Florida, Northern and Eastern  Districts of California, Eastern and Middle Districts of Pennsylvania, Western District of Virginia, Western District of North Carolina, Southern District of Ohio, Western District of New York, and the Southern District of West Virginia. U.S. Attorney Brown and Civil Rights Subcommittee Vice-Chair Rachel Rollins are appreciative of the work done by the Middle District of Alabama to host the delegation.

          The Attorney General’s Advisory Committee was established nearly 50 years ago by Attorney General Elliott Richardson. The Committee’s purpose is to give United States Attorneys a voice in Department policies and to advise the Attorney General of the United States.

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          GRAND RAPIDS – The Justice Department announced today that it has secured an agreement to resolve a lawsuit alleging that Muskegon, Michigan, landlord Darrell Jones violated the Fair Housing Act by sexually harassing female tenants. The settlement also resolves claims against Fatima Jones and Jones Investing, LLC, which, along with Jones, owned the properties where the harassment occurred.

          “The sexual harassment of tenants is an intolerable abuse of power that violates federal civil rights laws,” said U.S. Attorney Mark A. Totten for the Western District of Michigan. “No one should have to endure harassment and discrimination, especially in their own homes. My office is committed to protecting the rights of vulnerable tenants and will continue to vigorously enforce the Fair Housing Act to combat discrimination and secure justice for victims.”

          “The Fair Housing Act protects the rights of tenants to live in peace and security without the fear that their housing provider will sexually harass them,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to holding housing providers accountable for their unlawful behavior and seeking relief for survivors.”

          Under the agreement, which still must be approved by the U.S. District Court for the Western District of Michigan, defendants are required to pay $155,000 to compensate individuals harmed by the harassment and pay a $10,000 civil penalty to the United States. The consent order also requires the defendants to:

• Retain an independent property manager to manage their rental properties for the duration of the order;
• Obtain fair housing training; and
• Implement non-discrimination policies and complaint procedures to prevent sexual harassment at their properties in the future.

          “We admire the courageous women who spoke out to bring forth fair housing justice”, says Elizabeth Stoddard, Director of Advocacy of the Fair Housing Center of West Michigan. “In partnership with the Justice Department and the U.S. Attorney’s Office for the Western District of Michigan, we see you and we hear you. We believe you and we stand with you. A woman’s home should be her safe place.”

          The lawsuit, filed in June 2020, alleged that since at least 2008, Jones subjected female tenants to harassment that included making repeated and unwelcome sexual comments, touching tenants’ bodies without their consent, demanding sexual activity in exchange for rent and housing-related benefits, and taking adverse actions against tenants who resisted his sexual advances or complained about the harassment.

          This case was referred to the Justice Department by the Fair Housing Center of West Michigan and was litigated by attorneys in the department’s Civil Rights Division and the Civil Division of the U.S. Attorney’s Office for the Western District of Michigan.

          The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The goal of the department’s initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers, or other people who have control over housing. Since launching the initiative in October 2017, the Department of Justice has filed 28 lawsuits alleging sexual harassment in housing and recovered more than $9.8million for victims of such harassment.

          The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals may report sexual harassment or other forms of housing discrimination by calling the Justice Department’s Housing Discrimination Tip Line at 1-833-591-0291, or submitting a report online. Individuals may also report such discrimination by contacting HUD at 1-800-669-9777 or by filing a complaint online. 

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Teiun Tyree Walker, 22, of Kalamazoo, Michigan was sentenced to 70 months in federal prison by Chief U.S. District Judge Hala Y. Jarbou for being a felon in possession of a firearm.  Chief Judge Jarbou also ordered Walker to spend 3 years on supervised release after his confinement.  In imposing the sentence, Chief Judge Jarbou highlighted Walker’s “history of assaultive behavior, firearm possession, and not respecting authority,” along with his extensive criminal history despite his young age.

          “At a moment when violent crime has increased and communities across Michigan feel the fear and anguish that comes with every senseless death and near-death incident, my office is committed to enforcing our nation’s gun laws and holding people accountable who are prohibited from possessing firearms,” said U.S. Attorney Totten.  “No parent, no child, no senior citizen – no one should have to live with the fear of violence.”

          On May 2, 2022, Kalamazoo Department of Public Safety officers were surveilling the area around Daysha’s Liquor Store in Kalamazoo because several individuals were illegally gambling in the parking lot.  Officers seized a stolen, loaded Ruger 9mm pistol from the crossbody bag Walker was wearing.  Walker has prior state court felony convictions, including for assault with a dangerous weapon and carrying a concealed weapon, and thus was prohibited from possessing a firearm as a felon under both state and federal law.  In February 2022, Walker was released from the Michigan Department of Corrections and was still on parole at the time of the current illegal firearm possession.  While he was being arrested, Walker resisted and threatened the police, which Chief Judge Jarbou noted was “unacceptable.” 

          “This case is an example of the FBI’s commitment to working cooperatively with our law enforcement partners to stop felons from illegally possessing firearms,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “I would like to thank the Kalamazoo Department of Public Safety for their work on this investigation, their continued partnership, and their commitment to helping us keep our communities safe.” 

          “Our partnership with the U.S. Attorney’s Office is continuing to keep our community safe,” said Kalamazoo Department of Public Safety Director David Boysen. “As our federal partner, we thank them in their help in the Walker case and all cases that help keep crime off of our streets.”

          This case was investigated by the Kalamazoo Department of Public Safety, FBI, and ATF, and was prosecuted by Assistant U.S. Attorney Lauren F. Biksacky as part of the Department of Justice’s Project Safe Neighborhoods (PSN) Program.  Holding those who are prohibited from possessing firearms accountable through federal prosecution is a centerpiece of the PSN Program, the Department of Justice’s violent crime reduction strategy.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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          GRAND RAPIDS – U.S. Attorney for the Western District of Michigan Mark Totten announced that Javery Pain Institute, PC, located in Grand Rapids, has agreed to pay $215,000 to resolve allegations that it violated the False Claims Act by submitting claims to Medicare for medically unnecessary moderate sedation services and falsifying medical records to support those claims. 

          “Truthful and accurate medical records are the bedrock of our Medicare system,” said U.S. Attorney Mark Totten.  “This settlement reflects the commitment of my office in working with our law enforcement partners to protect the Medicare population and maintain the system of trust and accountability necessary between the patient, physician, and federal healthcare programs.”

          The United States alleged that Javery Pain Institute billed Medicare for moderate sedation services in conjunction with certain pain injection procedures when those sedation services did not meet Medicare’s medical necessity requirements. After a Medicaid audit discovered this issue, the practice created template language in its electronic medical records to support medical necessity for these services. The practice then used this templated language for some Medicare beneficiaries receiving moderate sedation services to create medical records that contained statements that were not true.  Javery Pain Institute used these statements to justify billing Medicare for moderate sedation services. Additionally, on some occasions, the practice billed Medicare for moderate sedation services when the intraservice time for those procedures was less than the ten minutes required to bill for the service.

          “The alleged submission of false claims for medically unnecessary services and falsifying of documentation to justify those services, undermines our federal health care programs and potentially places patients at risk,” said Special Agent in Charge Mario M. Pinto of the U.S. Department of Health and Human Services Office of Inspector General (“HHS-OIG”). “Our agency, working with our law enforcement partners, is committed to working to hold those who seek to defraud federally funded health care programs accountable.”

          The resolution obtained in this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the Western District of Michigan and HHS-OIG.  Assistant U.S. Attorney Andrew J. Hull investigated the matter.

          The claims resolved by the settlement are allegations only, and there has been no determination of liability.

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten today announced that Jonathan-Michael Brown, of Flint, Michigan was sentenced to serve 120 months in prison for illegally purchasing 62 firearms from federally licensed firearms dealers in Michigan and Ohio.  U.S. District Court Judge Jane M. Beckering also imposed a restitution order of $28,047.88 for losses to the firearms dealers and two years of supervised release following his term of incarceration.  Co-defendant Jalen Kenyatta Malik Jackson, also of Flint, was sentenced in January to 12 months and one day imprisonment, two years of supervised release, and restitution of $12,004.27.  In imposing the sentence against Brown, Judge Beckering commented that Brown’s “spree of firearms purchases” through the fraud scheme “victimized many people.”  

          “Protecting our communities by holding individuals accountable for straw purchasing weapons and fraudulently acquiring firearms that flood our streets with illegal guns is a top priority for my office,” said U.S. Attorney Mark Totten. “We will continue working with the ATF and our law enforcement partners to target these types of schemes that put our communities at risk.”

          According to court documents, Brown, age 24, and Jackson, age 25, illegally purchased 62 firearms (and attempted to purchase 19 additional firearms) from federally licensed firearms dealers using multiple fraudulent methods.  Brown had previously been convicted of a felony offense and could not lawfully possess any firearms.  Brown acquired firearms by posing as another person and using the driver’s license and credit card account number assigned to that person and others to purchase the weapons for resale.  After Brown’s arrest by state authorities, he recruited Jackson to make false statements to gun dealers and acquire multiple firearms using credit card numbers assigned to other people to purchase those weapons to resell to others.  As a result, the cost of the guns was passed on to others and Brown and Jackson transferred the firearms to others for profit. 

          Brown pleaded guilty to three federal crimes: making a false statement and aggravated identity theft in connection with the purchase of two firearms, and conspiracy to commit wire fraud for profiting from selling firearms that he and Jackson illegally purchased from firearms dealers.  Jackson pleaded guilty to one count of making a false statement during the purchase of firearms. 

          “Illegally providing firearms to prohibited persons fuels violent criminals presenting a grave threat to our communities,” said, ATF Acting SAC Craig Kailimai. “The collaborative effort with the U.S. Attorney’s Office, our federal, State of Michigan, and local partners continues to remove illegally trafficked firearms and those individuals involved from our streets.”

          This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Michigan State Police, Flint Police Department, Saginaw Township Police Department, and Canton Police Department also aided in the investigation. Assistant U.S. Attorney Clay M. West prosecuted the case. 

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Georgia man will serve 59 months in prison for his role in conspiracy to obtain more than $1 million in COVID-19 relief funds

          GRAND RAPIDS, MICHIGAN — United States Attorney Mark Totten today announced that former Georgia police officer Andre Jackson has been sentenced to 59 months in prison followed by three years of supervised release for attempting to launder $500,000 in fraudulently obtained COVID-19 relief funds. During sentencing, U.S. District Judge Jane M. Beckering noted that Jackson’s behavior is “gutsy. It’s greedy. It’s concerning.”

          “Andre Jackson was a con artist who tried to exploit the COVID-19 pandemic for his own personal gain,” said U.S. Attorney Totten. “Anyone who tries to get rich quick by stealing money intended to help those in need should expect to be held fully accountable.”

          Jackson is a former police officer from Clayton County, Georgia. In 2020, he introduced fellow Georgia resident James Williams to Jemar Mason and David Kurbanov, both residents of the Western District of Michigan. Williams helped Mason and Kurbanov prepare fraudulent applications for Paycheck Protection Program loans authorized by the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. This Act was a federal law designed to provide emergency financial assistance to the millions of Americans who were suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of forgivable loans to small businesses through the Paycheck Protection Program (PPP), which was designed to provide small businesses with loans in order to keep employees on payroll. Jackson and his co-conspirators exploited the program to obtain approximately $1.495 million in fraud proceeds.

          Afterwards, Jackson attempted to launder some of the proceeds by directing two of his confederates to wire $500,000 to an overseas bank account that Jackson selected. Investigators from the Drug Enforcement Administration detected the plot and the Internal Revenue Service took steps to freeze the bank accounts of the conspirators, ultimately recovering approximately $1.123 million of the fraud proceeds. Federal prosecutors in the Western District of Michigan brought charges against five codefendants, including Jackson, all of whom have now been convicted in connection with the scheme.        

          “Pandemic relief funds in the form of PPP loans were established to help legitimate businesses weather the economic crisis created by COVID-19.” said Charles Miller, Acting Special Agent in Charge of IRS Criminal Investigation, Detroit Field Office.  “In concert with the U.S. Attorney’s Office and our federal law enforcement partners, IRS-CI will continue to track down individuals who attempt to exploit this federal relief program for their own personal greed and hold them accountable for their crimes.”

          “Jackson and his co-defendants stole money from the Paycheck Protection Program, which was a critical lifeline for Michigan’s small businesses during the pandemic,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “It was a serious crime, and the FBI remains committed to working with our law enforcement partners to identify fraudsters like this defendant and hold them fully accountable for their crimes.” 

          The charges in this case were part of an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation, dubbed Operation Cashout, by law enforcement officers in the Western District of Michigan and the Northern District of Georgia, including the Internal Revenue Service – Criminal Investigation, Drug Enforcement Administration, Federal Bureau of Investigation, United States Postal Inspection Service, United States Secret Service, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Michigan State Police, Kent Area Narcotics Enforcement Team (KANET), and the Grand Rapids Police Department.

          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. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.      

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten announced that yesterday Michael Anthony Granado, 32, of Lansing, Michigan was sentenced to 12 years in federal prison for being a felon in possession of a firearm.  U.S. District Judge Paul L. Maloney also ordered Granado to spend three years on supervised release after his confinement.  Granado was a founding member and high-level leader of the Lansing area gang known as “Shake Da Bag,” commonly referred to as “SDB.”  Information received by the U.S. Attorney’s Office indicates that SDB is a violent criminal enterprise whose members and associates have been involved in numerous criminal activities in the Lansing area, including armed robberies, assaults, shootings, narcotics trafficking, firearms trafficking, and other illegal firearm offenses.  On September 9, 2022, investigators executed a federal search warrant at Granado’s residence and located a loaded Glock Model 21 .45 caliber pistol in his bedroom.

Granado pictured with additional firearms and SDB necklace

          “We will continue to bring the full force of the law down on violent individuals and criminal enterprises that spread havoc and fear in our neighborhoods,” said U.S. Attorney Mark Totten.  “My office is committed to disrupting illegal firearm and drug trafficking that hurt our communities.  Violent street gangs and illegal firearm possession have no place in our district.” 

          The U.S. Attorney’s Office, working closely with investigative teams at the Lansing Police Department’s Violent Crime Initiative (VCI), the Michigan State Police, and the Bureau of Alcohol, Tobacco, and Firearms (ATF) have identified and prosecuted several members and associates of the SDB street gang to disrupt the cycle of violence in Lansing.  In addition to Granado, the following leaders, members, and suppliers of firearms to the SDB street gang have been sentenced in the U.S. District Court for the Western District of Michigan in the past year:

Marquies Deshaun Davis:  Sentenced in March 2022 to ten years for possession with intent to distribute controlled substances and possession of a firearm in furtherance of a drug trafficking crime.

Jevonte Steven Scott:  Sentenced in August 2022 to nine years for possession with intent to distribute controlled substances and possession of a firearm in furtherance of a drug trafficking crime.

Krista Marie Sullivan: Sentenced in December 2022 to two years for making false statements during the purchase of firearms.  Sullivan was a “straw purchaser” who purchased 11 firearms for Jevonte Steven Scott, who was a felon prohibited from legally purchasing firearms.

Keandre Keith Allen: Sentenced in May 2022 to over five and a half years for being a felon in possession of a firearm.

          “Violent gang members who commit heinous acts of gun violence will not be tolerated,” said ATF Acting SAC Craig Kailimai. “We are proud of the collaborative effort with the U.S. Attorney’s office, our federal, State of Michigan, and local partners resulting in getting these violent gang members off of our streets.”

          “At the Lansing Police Department, we take pride in working with other agencies to get the job done. This case is a great example of what can be accomplished when law enforcement works together,” said Ellery Sosebee, Chief of Lansing Police Department. “We look forward to continuing these great partnerships and solving more cases in the future.”

          Holding illegal firearm possessors accountable through federal prosecution is a centerpiece of the Project Safe Neighborhoods (PSN) Program, the Department of Justice’s violent crime reduction strategy.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

          Assistant United States Attorney Lauren F. Biksacky prosecuted this case on behalf of the United States.

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten announced that Tye Braxton Stiger, age 35, of Jonesville, made his initial appearance in the Western District of Michigan on February 14, 2023.  A federal grand jury previously returned an indictment charging him with two counts of sexual exploitation and attempted sexual exploitation of a child, in violation of 18 U.S.C. § 2251(a) and (e); and one count of possession of child pornography, in violation of 18 U.S.C. §§ 2252A(a)(5)(B), (b)(2) and 2256(8)(A).  After indictment, law enforcement found and arrested Stiger in the Philippines, then extradited him to the United States for federal prosecution.

          “These sexual exploitation and child pornography allegations are extremely disturbing and serious,” said U.S. Attorney Mark Totten. “My office is committed to protecting our youngest and most vulnerable citizens – our children.”

          This matter was referred to the U.S. Attorney’s Office by the Hillsdale County Prosecutor. There is also a related, outstanding 34-count warrant out of Hillsdale County against Stiger charging second degree criminal sexual conduct, aggravated sexually abusive activity, aggravated possession of sexually abusive material, using a computer to commit a crime, and installing/using an eavesdropping device. 

          Jamie Wisniewski, a Hillsdale County Assistant Prosecuting Attorney, advised, “Given the nature and severity of the offenses Mr. Stiger is accused of, we believe it would be in the best interests of the community and the best use of our resources for the child sexually abusive material charges to be handled by the United States Attorney’s Office at this time.”

          The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.

          The investigation and prosecution were made possible through Project Safe Childhood (PSC), a multi-agency, nationwide effort begun by the Department of Justice in 2006. The project facilitates information sharing and joint-agency investigations among local, state, and federal authorities in order to combat the sexual exploitation of children. This matter was investigated by the Michigan State Police, Homeland Security Investigations, and the United States Marshals Service.

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten announced that on Tuesday ASP Plating Company of Grand Haven, Gary Stephen Rowe, 70, of Grand Haven, and Stephen Frederick Rowe, 39, formerly of Grand Haven and currently of Oklahoma, were sentenced for violating the Clean Water Act and collectively ordered to pay more than $50,000 in financial penalties. 

          “The success of the Clean Water Act depends in part on industrial permit holders diligently complying with the law to ensure public health and safety measures are upheld,” said U.S. Attorney Totten.  “If you can’t afford to follow environmental laws, you shouldn’t be in business. And if you commit environmental crimes in this district, all sentencing options are on the table, including jail time and substantial fines.”

• Gary Rowe, president of the company, pleaded guilty to a felony violation. The Honorable Paul L. Maloney, United States District Judge, sentenced Gary Rowe to three months and one day in custody, to be followed by nine months of location monitoring as a part of a one-year term of supervised release. Gary Rowe was also ordered to pay a $20,000 fine, $13,500 due to the Grand Haven-Spring Lake Sewer Authority under an administrative consent order, $4,212.54 in restitution to the City of Grand Haven, and a $100 special assessment. 

• ASP Plating Company pleaded guilty to a felony violation. Judge Maloney sentenced the company, which filed for bankruptcy in October 2022, to three years of probation, a $5,000 fine, a $400 special assessment, and the restitution amounts Gary Rowe was ordered to pay. 

• Stephen Rowe, vice president of the company pleaded guilty to a misdemeanor violation. The Honorable Sally J. Berens, United States Magistrate Judge, sentenced Stephen Rowe to 14 days in jail, one year of supervised release, a $10,000 fine, $4,212.54 in restitution, and a $25 special assessment.  The restitution obligations are joint and several. 

          According to public records filed in the case, the individual defendants operated the corporate defendant, an electroplating company that held an industrial pretreatment permit issued by the Sewer Authority.  At least between 2015 and 2021, the company routinely violated the permit by discharging zinc in excess of the daily and monthly limitations, by releasing zinc in batches without notice, and by bypassing the mandatory pretreatment system entirely.  The Sewer Authority periodically monitored the company’s discharges, but Gary and Stephen Rowe instructed employees to make sure the monitor was absent before discharging wastewater containing excessive amounts of zinc. 

          “The Defendants negatively impacted the public waste treatment program work by illegally causing improperly treated waste to enter the Grand Haven-Spring Lake Sewer Authority municipal sewer system,” said Acting Special Agent in Charge Richard Conrad of the U.S. Environmental Protection Agency’s Criminal Investigation Division (“EPA-CID”).  “Those companies who knowingly violate environmental laws will be held accountable for their actions.”   

          The Clean Water Act is the primary law governing pollution of the Nation’s surface waters. Congress first passed the law in 1948, totally revised it in 1972, and subsequently amended the law several times thereafter.  In passing the law, Congress declared that its purpose was “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.”  33 U.S.C. § 1251(a).  Among other provisions, the Act regulates industrial and municipal discharges.  To achieve its goal of preserving clean water, parts of the Act are based on the concept that all discharges into the Nation’s waters by industrial and municipal users are illegal unless specifically authorized by a permit.  The law has civil, criminal, and administrative enforcement provisions.

          EPA-CID conducted the investigation with assistance from the Michigan Department of Natural Resources-Environmental Investigation Section.  The case was prosecuted by Assistant U.S. Attorney Justin M. Presant.

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          GRAND RAPIDS, MICHIGAN — Mark Totten, the U.S. Attorney for the Western District of Michigan, announced that on Tuesday Virgil Chandler Knowles III, 47, of Vicksburg, Michigan was sentenced to 25 years in prison for the sexual exploitation of children and distribution of child pornography.  U.S. District Judge Robert J. Jonker also ordered Knowles to spend 10 years on supervised release after his confinement. 

          “My office is committed to protecting our most vulnerable and holding predators accountable for sexually exploiting our children,” said U.S. Attorney Mark Totten. “As soon as an undercover officer identified Mr. Knowles in a secret pedophile chat group, law enforcement moved swiftly to arrest him. To anyone exploiting children the message is clear: We know how to find you and we will hold you accountable.”

          “Predators who create child pornography victimize children twice – first by sexually assaulting them and again by sharing it with others on the Internet,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “The message sent at sentencing should be clear: Protecting our children from predators is a top priority for the FBI and law enforcement agencies everywhere. We are committed to identifying those who exploit children and bringing them to justice.” 

          The investigation and prosecution of Mr. Knowles was made possible through Project Safe Childhood (PSC), a multi-agency, nationwide effort begun by the Department of Justice in 2006. The project facilitates information sharing and joint-agency investigations among local, state, and federal authorities in order to combat the sexual exploitation of children. In this case, a local Task Force Officer based near Washington D.C. was the first to identify Knowles as a likely producer of child pornography. The investigator was able to relay the information he uncovered in near real-time using Project Safe Childhood communication channels. This allowed members of the FBI who were stationed near Knowles to develop the investigation further and identify Knowles’s precise location. A prosecutor assigned to the Western District of Michigan’s PSC response team was able to work with the FBI and obtain local search and arrest warrants for Knowles within hours of receiving intelligence from agency partners.

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten announced today that Anthony Darnell Patterson, 29, of Grand Rapids was sentenced to ten years in federal prison for illegally possessing and selling guns.  Chief U.S. District Judge Hala Y. Jarbou also ordered Patterson to spend three years on supervised release following his confinement.

          “My office is committed to improving the safety of our communities,” said U.S. Attorney Mark Totten.  “We will continue to get guns off of our streets by prosecuting the unlawful possession of firearms and disrupting networks of illegal gun sales.”

          On four occasions between October and December 2021, Patterson—a convicted felon with a history of drug and firearm convictions—sold or coordinated the sale of guns, for cash, to a confidential informant working for the Bureau of Alcohol, Tobacco, and Firearms (“ATF”).  Several of those firearms had been reported stolen.  The ATF also determined, based on ballistics analyses, that two of the guns Patterson sold were involved in shootings in Grand Rapids in October 2020 and July 2021.   

          In announcing Patterson’s sentence, Chief Judge Jarbou noted that Patterson’s conduct contributed to an “epidemic of guns.”  Chief Judge Jarbou said that the “action of selling guns to people that should not have them quickly and automatically leads to violent incidents.”  Chief Judge Jarbou also said that those who sell guns are “perpetrators of the violent acts” that their buyers commit.

          “Today’s sentencing is an important component to the reduction in violent firearms related crimes,” said, Acting Special Agent in Charge Craig Kailimai, “We are proud of the collaborative effort with the U.S. Attorney’s office, our federal, state of Michigan, and local partners ultimately protecting our communities from violent threats.”

          This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (“PSN”) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

          ATF investigated this case and Assistant U.S. Attorney Adam Townshend prosecuted it. 

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          GRAND RAPIDS, MICHIGAN —U.S. Attorney for the Western District of Michigan Mark Totten announced that yesterday a federal grand jury returned an indictment containing five charges against Arisknight Arkin-Everett Winfree of East Lansing, Michigan. The charges include kidnapping, coercing and enticing someone to travel for the purposes of illegal sexual activity, attempted coercion and enticement, and two counts of sexual exploitation of a minor. If convicted, Winfree faces a maximum of life in prison.                      

          “These alleged crimes, and the facts behind them, portray an online predator who methodically planned and executed his criminal scheme,” said U.S. Attorney Mark Totten. “We are handling this case with the utmost seriousness and will continue to work every day to protect the public – and especially our young people – from those online who would do them harm.”

          The Indictment alleges Winfree posted a false advertisement for an au pair, arranged for a teenager to travel from Italy to East Lansing to work for him, and then kidnapped and raped her. In luring the Italian teen to West Michigan, Winfree told her his fictional family loved nature and the outdoors, and that she was going to have so much fun:

          Once she arrived, Winfree demanded the Italian teen clean his house before handcuffing her, placing a ball gag in her mouth, and raping her. Winfree used his false au pair advertisement to lure another teenager to travel to his house, this one from Kansas. When her family realized the situation was not safe, they contacted the police, who then responded and removed her from Winfree’s house.

          Winfree is also charged with sexual exploitation of two minor girls for producing child pornography of them. The defendant recorded himself having sexual intercourse with one of the girls, and he convinced the other to send him pornographic videos through the smartphone application SnapChat. In speaking with a friend, Winfree stated he wanted to use one of the girls to recruit more high school girls for him to sexually exploit:

          The United States filed a criminal complaint against Winfree on January 23, 2023, he was arrested the next day, and a magistrate judge ordered him detained pending grand jury review.

          “While the harm Mr. Winfree is alleged to have inflicted on these victims cannot be undone, the charges announced are a first step towards getting justice for the brave young women who came forward to tell their stories,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “More young women would have undoubtedly been victimized but for the hard work of the FBI and the East Lansing Police Department. We remain committed to working with our partners to pursue those who seek to harm members of our community.”

          This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. The U.S. Attorney’s Office for the Western District of Michigan; county prosecutor’s offices; HSI; Michigan State Police’s Internet Crimes Against Children task force; the West Michigan Based Child Exploitation Task Force (WEBCHEX); and federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. Anyone with information or concerns about possible child exploitation should contact local law enforcement. For more information about Project Safe Childhood in West Michigan, including resources for children and parents, please visit: https://www.justice.gov/usao-wdmi/project-safe-childhood

          The FBI and East Lansing Police Department are investigating this case, and Assistant U.S. Attorney Davin Reust is handling the prosecution of Winfree.

          The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.

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          GRAND RAPIDS, MICHIGAN – U.S. Attorney for the Western District of Michigan Mark Totten issued the following statement concerning the shootings on the campus of Michigan State University Monday evening.

          “Last night’s shootings on the campus of Michigan State University were senseless, tragic, and horrible. Thousands of students and their loved ones endured a terror that no one should ever, ever experience. As a former MSU law professor and fellow Michigander, my heart goes out to the Spartan community and especially to the families of the students killed or injured. I’m grateful for the hundreds of first responders who turned out last night and bravely did their work. And my office and I stand ready to assist in any way we can.”

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that William Henderson, Jr., 27, of Kalamazoo, Michigan was sentenced to 13 years in prison for being a felon in possession of a firearm and possessing a firearm in furtherance of a drug trafficking crime.  U.S. District Judge Paul L. Maloney also ordered Henderson to spend 4 years on supervised release after his confinement. 

          “Our message to violent offenders is clear: violence will gain you a new home in federal prison for a long time,” said U.S. Attorney Mark Totten. “My office is committed to disrupting the cycle of gun and drug-related violence in our district and communities.” 

          On March 15, 2022, Henderson possessed a loaded .40 caliber pistol in a bag with over 13 grams of cocaine.  Shortly before police arrested him, Henderson attended a block party on Woodbury Avenue in Kalamazoo where he openly displayed the firearm to others.  As a felon, Henderson was prohibited from possessing firearms. 

          In February 2022, Cornell Gordon of Kalamazoo was shot three times when an assailant exited a vehicle and began shooting.  Police located shell casings at the scene.  The government presented evidence connecting the shell casings from that scene to the gun Henderson was arrested with.  The government also presented text message evidence recovered from Henderson’s phone discussing his involvement in Gordon’s shooting.  After hearing the evidence, U.S. District Judge Paul L. Maloney applied a sentencing cross reference for assault with intent to commit murder.

          In announcing Henderson’s sentence, Judge Maloney highlighted that he viewed Henderson as a “risk to the public.”  Henderson also had numerous prior criminal convictions, (including prior convictions for carrying concealed weapons, being a felon in possession of a firearm, and controlled substance possession and distribution), which Judge Maloney also considered when imposing the sentence.

          This case was investigated through a joint and federal partnership by the Kalamazoo Valley Enforcement Team, the Kalamazoo Department of Public Safety Crime Reduction Team, the U.S. Drug Enforcement Administration (DEA), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

          “The Kalamazoo Department of Public Safety would like to thank our federal partners for their continued assistance in our focused approach to reduce gun violence,” said Kalamazoo Department of Public Safety Chief David Boysen.  “Through this partnership, we are able to identify the most dangerous individuals who are driving the gun violence in Kalamazoo and remove them from our community through federal sanctions.  Our community is safer today because Mr. Henderson is in federal custody,” added Boysen. 

          The case was prosecuted by Assistant United States Attorney Lauren F. Biksacky as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

          ATF’s National Integrated Ballistic Information Network (NIBIN) played a pivotal role in the evaluation of the firearm and shell casing evidence.  NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms.  NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles.  For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.

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GRAND RAPIDS, MICHIGAN — The U.S. Attorney’s Office for the Western District of Michigan has reached five settlement agreements with the following cities to resolve findings of violations of the Americans with Disabilities Act (ADA):

• The City of Bangor
• The City of Dowagiac
• The City of Holland
• The City of Kalamazoo
• The Michigan Department of Transportation (MDOT)

          Under these agreements, the intercity rail stations in Bangor, Dowagiac, Holland, Kalamazoo, and Albion will be made accessible to individuals with disabilities.  In addition, the U.S. Attorney’s Office resolved ADA compliance issues at two other rail stations in Battle Creek and Grand Rapids through letters of resolution with the owners of those facilities.

          Under the five settlement agreements, each city and MDOT committed to making their intercity rail stations accessible.  Over the next three years, each will modify portions of its rail station and its access points, including parking lots, waiting areas, restrooms, and platforms.  These agreements, along with the Justice Department's 2020 settlement with Amtrak, are a part of the Department of Justice’s ongoing effort to achieve the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities, through equal access to transportation. 

          The U.S. Attorney’s Office is dedicated to enforcing federal civil rights laws, including the ADA, with the goal of protecting and upholding the civil rights of all people in our community.  Individuals who believe they may have been victims of discrimination may call the U.S. Attorney’s Office Civil Rights Hotline at 616-808-2195.  Additional information about the ADA can be found at www.ada.gov or by calling the Department of Justice’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD).

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten announced today that U.S. District Judge Paul L. Maloney sentenced Joshua Brereton of Paw Paw, Michigan to 60 months in prison, followed by two years’ supervised release, for maliciously setting fire to the Planned Parenthood clinic in Kalamazoo, Michigan. Maloney also ordered Brereton to pay $32,699.45 in restitution for the damage he caused.          

          “While Americans may disagree strongly on matters of law and policy, violence is never an acceptable means to settle our disputes,” said U.S. Attorney Mark Totten. “Today and every day, my office will hold wrongdoers accountable for political violence.” He continued: “This particular act of violence was an attack on a health care clinic. The U.S. Attorney’s Office for the Western District of Michigan is committed to protecting access to reproductive services and we will continue to use every tool at our disposal to defend those rights protected by federal law.”

          “Using an act of violence like arson to express one’s anger toward an individual or business is never acceptable,“ said ATF Acting Special Agent in Charge Craig Kailimai, “Today’s sentencing best represents ATF’s tireless commitment to work with our Federal, State, and Local partnerships to bring to justice those who seek to prey upon our communities.”  

          “It is crucial that those individuals who desire reproductive health services be able to obtain them in an environment that is free of interference, intimidation, and fear,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “We will continue to work closely with our federal, state, and local law enforcement partners to hold responsible anyone who engages in criminal activity to address their differences of opinion.” 

          "The Kalamazoo Department of Public Safety appreciates the partnership with our federal partners. Today, that partnership helped bring along justice in our city,” said KDPS Chief Dave Boysen. "Thank you to the U.S. Attorney's Office for the Western District of Michigan for helping bring Joshua Brereton to justice after his attempt to light a Planned Parenthood on fire. Acts of violence, whether they are politically motivated or not, cannot be allowed to happen in our community."

          At sentencing, Judge Maloney noted the serious nature of the crime and found that Brereton “engaged in a concentrated effort to commit the arson.” Judge Maloney also focused on the need for general deterrence in cases like this, noting that others who might commit a similar violent crime need to understand that a substantial sentence will be meted out upon conviction.

          Brereton’s conviction followed a joint investigation by multiple law enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Federal Bureau of Investigation (FBI), and the Kalamazoo Department of Public Safety (KDPS). The case was prosecuted by Assistant United States Attorney Stephanie Carowan.

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Britan Douglas Groom, 66, of Chicago, Illinois, has been sentenced to 30 months in prison for his role in a conspiracy to commit wire fraud causing losses to the Grand Traverse Band of Ottawa and Chippewa Indians of over $1.1 million.  U.S. District Judge Robert J. Jonker also ordered Groom to spend 3 years on supervised release, to pay restitution of $1,124,292.68, and to forfeit $302,052.00, representing proceeds he personally received from his fraud.

          “This fraudulent scheme hurt every member of the Grand Traverse Band of Ottawa and Chippewa Indians,” said U.S. Attorney Mark Totten. “Instead of using the funds for the benefit of all tribal members, Groom and his co-defendant lied to the tribe and used the money for their personal benefit. My office is committed to holding fraudsters fully accountable for their crimes.”  

          Groom pleaded guilty to conspiracy to commit wire fraud. From December 2015 to December 2016, Groom’s codefendant and friend, Chester Randall Dunican, served as the CEO of GTB LLC, a tribal entity focused on the development of economic opportunities for the benefit of all members of the Tribe. Dunican represented to the Tribe that he obtained exclusive distributorship rights with a proprietary water filtration company, R.O. Distributors, and that the Tribe would benefit by investing in R.O. Distributors and leasing water coolers that utilized this proprietary technology to various businesses in Michigan and Florida.  In reality, R.O. Distributors was a shell company created and controlled by Dunican and Groom. 

          The Tribe invested nearly a million dollars in R.O. Distributors. Dunican directed other individuals to send most of the Tribe’s investment to another shell company, Evergreen Distributors LLC, before that entity transferred over $700,000.00 of the proceeds to the personal bank accounts of Groom and Dunican. Dunican then told the Tribe that he expected the business to grow and needed additional funding to continue acquiring inventory. When the Tribe resisted, Dunican told the Tribe that a company named High Sierra Distributors, LLC, acquired R.O. Distributors and that High Sierra was a multi-billion-dollar business that could expand the water filtration business nationwide. Dunican asked Groom to recruit someone to pretend to be a corporate representative of High Sierra at a meeting with the Tribe to pitch the additional $2 million in funding. Groom recruited a friend from Illinois who did attend the meeting pretending to be a corporate official of High Sierra. Shortly after the meeting, and before any additional funds were distributed, the Tribe discovered that this individual was actually a schoolteacher from Illinois, uncovered the fraud scheme, and fired Dunican.

          “This defendant knowingly defrauded and stole money from people who trusted him to act in their best interest,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “His behavior – and the behavior of his co-defendant – is a betrayal of the entire Grand Traverse Band of Ottawa and Chippewa Indians. The FBI will continue to investigate these types of fraud and hold criminals who commit them accountable.” 

          A sentencing hearing for co-defendant Chester Randall Dunican is scheduled at the federal courthouse in Grand Rapids, Michigan on February 14, 2023, at 4 p.m., before United States District Judge Robert J. Jonker.

          The case was investigated by the Federal Bureau of Investigation, Detroit Division, Lansing, and Traverse City offices. The FBI was assisted by the Grand Traverse Band of Ottawa and Chippewa Indians Tribal Police Department and the IRS Criminal Investigation.  Assistant United States Attorney Ronald M. Stella prosecuted the case.

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Trafficked Guns Used in Multiple Crimes Throughout Michigan, Including the Homicide of a 2-Year-Old

          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten announced that Jerreil LaMounta Martin, from Grand Rapids, Michigan, was sentenced to serve 37 months in prison for illegally purchasing and trafficking more than 40 firearms, several of which were used in multiple crimes throughout Michigan. U.S. District Court Judge Robert J. Jonker also imposed 3 years of supervised release following his term of incarceration.

          “Straw purchasing and gun trafficking drive a dangerous black market for firearms,” said U.S. Attorney Mark Totten. He continued: “These crimes feed the violence that plague communities across Michigan – including the horrible killing of an innocent 2-year-old child less than a year ago. My office will hold straw purchasers and illegal gun traffickers accountable for creating these supply lines of violence.”  

          Martin ran an illegal gun trafficking business, charging customers $50 to $100 per firearm to lie on the purchase forms, saying he was buying the guns for himself when he was really purchasing them for other people. This tactic is sometimes referred to as “straw purchasing.” Martin knew that his customers, who were convicted felons, were prohibited from buying guns for themselves. He also knew some of his customers were reselling guns to other people. Martin capitalized on his lack of criminal history and ability to purchase guns and then sell those firearms to prohibited persons for a profit.

          While the whereabouts of most of the guns Martin straw purchased and trafficked remain unknown, police have recovered fourteen of these firearms. Together the stories of these fourteen guns provide a glimpse into the rise of violent crime over the past few years in cities across Michigan and the role that firearms trafficking has played.  For example:

In Genesee County

• A Glock 9mm semi-automatic pistol, which Martin purchased on April 22, 2021, was used in a drive-by shooting in Flint, which struck an 11-year-old girl.
• Another Glock 9mm pistol, which Martin also purchased on April 22, 2021, was used in a homicide in Flint.

In Kent County

• A Ruger 5.7 x 28 mm semi-automatic pistol, which Martin purchased on September 4, 2021, was used to kill a 2-year-old child on February 9, 2022, in Wyoming, Michigan. The Kent County Prosecutor has filed charges against the victim’s father, Seninta Parks, in this case.
• A Glock .45 caliber semi-automatic pistol, which Martin purchased on September 7, 2021, was used in a shooting on the Blue Bridge in downtown Grand Rapids on September 11, 2022, in which four people were injured. Moreover, this same gun was used in two prior shootings in Grand Rapids.
• A Glock 9 mm semi-automatic pistol, which Martin purchased on September 7, 2021, was used in three separate drive-by shooting incidents in Grand Rapids over the next two months.

In Isabella County

• A Glock .40 caliber semi-automatic pistol, which Martin purchased on September 10, 2021, was recovered by Central Michigan University Police in connection to a series of vehicle break-ins.

          Martin was told by investigators that the Ruger 5.7 x 28 mm semi-automatic pistol he purchased on September 4, 2021, was used to kill a child, as described above. Undeterred, Martin attempted to straw purchase and traffic another firearm to a person he knew was a convicted felon. Law enforcement then arrested Martin and the U.S. Attorney’s Office for the Western District of Michigan charged him for the crimes he now stands convicted.

          “Gun trafficking and straw purchasing is not a victimless crime. The act of knowingly enabling a prohibited person to purchase a firearm puts firearms in the hands of criminal organizations and violent criminals presenting a grave threat to the safety of our communities,” said, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Assistant Special Agent in Charge Craig Kailimai. “ATF’s relationship with federal, state, tribal, and local partners continue to be successful in removing illegal firearms from the streets.”

          “This sentencing is a huge win for public safety in Grand Rapids. We know that illegal guns from this trafficker were used in the shooting on the Blue Bridge in September,” said Grand Rapids Police Chief Eric Winstrom. “I am thankful for the work of the U.S Attorney’s Office and the ATF to investigate and build this case. Getting illegal guns, and the source of those guns, off the street is a critical piece in reducing gun violence in our city.”

          “The Central Michigan University (CMU) Police Department appreciates the collaborative relationship with the ATF and the U.S. Attorney’s Office,” said CMU Police Department Lt. Mike Sienkiewicz.  “Interagency collaboration and teamwork between local and federal law enforcement is essential in maintaining safe communities.  This case represents an important effort to combat illegal gun purchases and gun violence that effect our communities.”  

          This case was investigated by the ATF and the Metro Pattern Crimes Team consisting of detectives from the Kentwood Police Department, Kent County Sheriff’s Office, and the Wyoming Police Department as part of the Department of Justice’s Project Safe Neighborhoods, a nationwide initiative to reduce violent crime. The U.S. Attorney’s Office, county prosecutor’s offices, and federal, state, local, and tribal law enforcement work closely together to identify and prosecute individuals responsible for driving violent crime in our communities to make neighborhoods safer for everyone. Individuals with information or concerns about violent crime or firearms offenses should contact local law enforcement. For more information about Project Safe Neighborhoods, visit: https://www.justice.gov/psn.

          The United States Attorney’s Office for the Western District of Michigan is committed to disrupting the trafficking of firearms.  Recent cases include: Grand Rapids Brothers Sentenced to Prison For Brazen Gun Store Robbery, Grand Rapids Man Sentenced to Nearly Six Years In Prison For Unlawfully Possessing Firearms, Kalamazoo “Ghost Gun” Dealer Sentenced To 12 Years In Federal Prison, and Straw Purchaser Sentenced To 58 Months in Federal Prison.

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Provides tips for parents and kids on protecting themselves from growing threat on Snapchat and other social media platforms

          GRAND RAPIDS, MICHIGAN — Today U.S. Attorney Mark Totten announced charges against Brandon Huu Le, 21, of Maitland, Florida for coercion and enticement of a minor, sexual exploitation of a minor, and receipt of child pornography in connection with an alleged sextortion scheme using the popular social media app, Snapchat. Sextortion involves threats against a victim—including threats to publish or distribute private and sensitive information about someone—if the victim does not provide the perpetrator with sexually explicit images or videos, sexual favors, or money.

          “These charges represent serious allegations, and we are moving with all diligence to make our case and protect the public,” said U.S. Attorney Mark Totten, for the Western District of Michigan. He continued: “Sextortion is on the rise and represents a real and present danger to every child, teenager, and user of social media. We will use every power at our disposal to protect our most vulnerable community members from this emerging threat.”

          “The use of the internet to threaten and manipulate children into producing sexually explicit images, and then threatening to share or publish those images to get the victims to produce more is predatory conduct that is very harmful to minor victims,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “I commend the young victims who came forward to report Le’s behavior. Reporting to law enforcement is the brave, first step towards holding these predators accountable for their actions.”

          The Government alleges that on August 10 and 11, 2019, Mr. Le used Snapchat to contact a 13-year-old girl living in the Western District of Michigan. The indictment alleges that Mr. Le steered the Snapchat conversation to sexual topics; took a screenshot of the sexual portion of the conversation; and then threatened to publicly post that conversation online with the victim’s name if the victim did not provide him with sexually explicit photos and material.

          The U.S. Attorney’s Office and the FBI are working to identify other individuals, nationwide, who Le may have approached. The U.S. Attorney’s Office believes that Le used the name “Ty” and the following usernames on various social media, messaging, and e-mail accounts:

addityyt

tyaddinude

tyaddibaby

tycroneaddi

tygrazittenudef

          If you believe that you are a victim in this case, please visit https://www.justice.gov/usao-wdmi/victim-and-witness-assistance-program/vw-large-cases/Le or contact Kathy Schuette, Victim Coordinator, at (616) 808-2034.

          The FBI provides the following six tips on how people can protect themselves from sextortion schemes:

1. Be selective about what you share online. If your social media accounts are open to everyone, a predator may be able to figure out a lot of information about you.
2. Be wary of anyone you encounter for the first time online. Block or ignore messages from strangers.
3. Be aware that people can pretend to be anything or anyone online. Videos and photos are not proof that people are who they claim to be. Images can be altered or stolen. In some cases, predators have even taken over the social media accounts of their victims.
4. Be suspicious if you meet someone on one game or app and this person asks you to start talking on a different platform.
5. Be in the know. Any content you create online—whether it is a text message, photo, or video—can be made public. And nothing actually “disappears” online. Once you send something, you don’t have any control over where it goes next.
6. Be willing to ask for help. If you are getting messages or requests online that don’t seem right, block the sender, report the behavior to the site administrator, or go to an adult. If you have been victimized online, tell someone.

          If you have information about or believe you are a victim of sextortion, contact your local FBI field office, call 1-800-CALL-FBI, or report it online at http://tips.fbi.gov. More information is available at https://www.fbi.gov/how-we-can-help-you/safety-resources/scams-and-safety/common-scams-and-crimes/sextortion.

          The FBI is investigating this case and Assistant U.S. Attorney Adam Townshend is prosecuting it.

          The charges in an indictment are merely accusations, and a defendant is presumed innocent unless and until proven guilty in a court of law.

###

A Pennsylvania man has been federally charged with related crimes

          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten announced today that Jennifer Robertson, age 52, of Battle Creek, Michigan, and Michelle McAllister, age 56, of Jerome, Michigan, pled guilty to participating in a multi-year, interstate conspiracy to transport and traffic diabetic test strips stolen from the Battle Creek Veterans Affairs Medical Center to a Pennsylvania man named Steven Anderson. Anderson faces federal charges for related crimes, and is presumed innocent until and unless proven guilty in a court of law.

          “My office takes government theft very seriously,” said U.S. Attorney Mark Totten, for the Western District of Michigan. “Thefts from VA medical centers deprive other veterans of needed medical care and resources. My office is dedicated to serving and protecting our nation’s veterans.”

          According to their plea agreements, Robertson spent over 20 years in procurement for the Battle Creek VA Pharmacy, where she was responsible for ordering supplies for veterans in need of medical care. In June 2017, Robertson stole 10 boxes of diabetic test strips from the pharmacy’s inventory, and arranged online to meet McAllister and sell them for cash. After completing that transaction and several similar ones, McAllister realized that Robertson’s test strips were stolen, but decided to keep buying from her. She confided in Anderson that her “matra [sic] is not to ask too many questions.” Anderson replied: “Lol.” For over two years, Robertson and McAllister conducted hundreds of such transactions. Throughout the scheme, Robertson admitted stealing over 7,500 boxes of diabetic test strips, costing the Battle Creek VA Pharmacy over $400,000.

          “The theft of medical supplies intended for our nation’s veterans is a grave offense. Such schemes erode public trust, steal from the taxpayer, and divert valuable resources away from those who have rightfully earned them,” said Special Agent in Charge Gregory Billingsley of the VA Office of Inspector General’s Central Field Office. “My office is resolved to investigate and root out anyone who would attempt to benefit from these fraudulent activities.”

          “Medical products, such as diabetic test strips, that are not in the legitimate supply chain can present a health risk to those who buy and use these diverted products,” said Acting Special Agent in Charge Ronne G. Malham, FDA Office of Criminal Investigations Chicago Field Office. “FDA will continue to protect consumers by investigating and bringing to justice those who attempt to traffic in diverted medical products.”      

          This investigation was led by the Food and Drug Administration and the VA Office of Inspector General, with assistance from the United States Postal Inspection Service. Finally, as noted above, the charges in the indictment against Steven Anderson are merely accusations, and he is presumed innocent until and unless he is proven guilty in a court of law.

###

          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten announced that Jason Duenas, 27, of Holland, pleaded guilty to possession of more than 5 kilograms of cocaine with intent to distribute. At sentencing, Duenas will face a mandatory minimum sentence of at least 10 years in prison. The date of sentencing has not yet been scheduled.

          “Drug dealing at kilogram scale doesn’t just ruin lives, it ruins communities,” said U.S. Attorney Mark Totten, for the Western District of Michigan. “Apart from the harm caused to drug users and their loved ones, trafficking at this level fuels deadly gun violence that can subject entire neighborhoods to a climate of fear and reprisal. My office remains committed to holding dealers fully accountable for their willingness to trample communities in pursuit of profit.”  

          According to facts contained within Duenas’s written plea agreement, Duenas kept approximately 19 kilograms of cocaine inside a home during the summer of 2022. Most of the cocaine was packaged into “bricks” that were stored in and around a laundry room to which Duenas had access. Duenas planned to sell the drugs to others for personal profit.

          Duenas’s arrest was the culmination of an interagency investigation led by the West Michigan Enforcement Team, the Holland Police Department, and the Drug Enforcement Administration. Interagency investigations are a crucial part of how the Department of Justice combats illegal drug trafficking. Often, agencies partner through the Organized Crime Drug Enforcement Task Force (OCDETF) program. 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. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.                 

                                                                           ###

Barry Croft Jr., 47, of Bear, Delaware, was sentenced today to 235 months in prison followed by five years of supervised release for conspiracy to kidnap the Governor of Michigan, conspiracy to use weapons of mass destruction against persons or property, and knowingly possessing an unregistered destructive device, which was a commercial firework refashioned with shrapnel to serve as a hand-grenade.

Croft was convicted by a federal jury in August 2022 during an 11-day retrial. According to court documents and evidence presented at trial, Croft and others intended to kidnap Governor Gretchen Whitmer from her vacation cottage near Elk Rapids, Michigan, and use the destructive devices to facilitate their plot by harming and hindering the governor’s security detail and any responding law enforcement officers. They specifically explored placing a bomb under an interstate overpass near a pedestrian boardwalk. A jury in an earlier trial was unable to reach a verdict.

Croft is the final defendant to be sentenced for his role in the plot.

Co-defendant Adam Fox, 39, of Wyoming, Michigan, was sentenced yesterday to 16 years in prison followed by five years of supervised release for his role in the conspiracy. Ty Garbin, 27, of Hartland, Michigan, pleaded guilty in January 2021 and initially received a sentence of 75 months, or over six years, in prison. The district court later reduced that sentence to a term of 30 months, or two and a half years in prison, after fully considering his cooperation at both trials. Kaleb Franks, 28, of Waterford, Michigan, received a term of four years in prison after pleading guilty and testifying at both trials. Co-defendants Daniel Harris and Brandon Caserta were acquitted at the first trial in April 2022.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, Former U.S. Attorney Andrew Birge for the Western District of Michigan, appointed to oversee the trial, Assistant Director Robert R. Wells of the FBI’s Counterterrorism Division and Special Agent in Charge James A. Tarasca of the FBI Detroit Field Office made the announcement.

The FBI’s Detroit Field Office investigated the case with valuable assistance provided by the FBI’s Baltimore Field Office and the Joint Terrorism Task Force, including Michigan State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

The U.S. Attorney’s Office for the Western District of Michigan charged the case and conducted the trials, with valuable assistance provided by the National Security Division’s Counterterrorism Section.

          GRAND RAPIDS – Barry Croft Jr., 47, of Bear, Delaware, was sentenced today to 235 months (19 years 7 months) in prison followed by five years of supervised release for conspiracy to kidnap the Governor of Michigan, conspiracy to use weapons of mass destruction against persons or property, and knowingly possessing an unregistered destructive device, which was a commercial firework refashioned with shrapnel to serve as a hand-grenade.

          Croft was convicted by a federal jury in August 2022 during an 11-day retrial. According to court documents and evidence presented at trial, Croft and others intended to kidnap Governor Gretchen Whitmer from her vacation cottage near Elk Rapids, Michigan, and use the destructive devices to facilitate their plot by harming and hindering the governor’s security detail and any responding law enforcement officers. They specifically explored placing a bomb under an interstate overpass near a pedestrian boardwalk. A jury in an earlier trial was unable to reach a verdict.

          Croft is the final defendant to be sentenced for his role in the plot.

          Co-defendant Adam Fox, 39, of Wyoming, Michigan, was sentenced yesterday to 16 years in prison followed by five years of supervised release for his role in the conspiracy. Ty Garbin, 27, of Hartland, Michigan, pleaded guilty in January 2021 and initially received a sentence of 75 months, or over six years, in prison. The district court later reduced that sentence to a term of 30 months, or two and a half years in prison, after fully considering his cooperation at both trials. Kaleb Franks, 28, of Waterford, Michigan, received a term of four years in prison after pleading guilty and testifying at both trials. Co-defendants Daniel Harris and Brandon Caserta were acquitted at the first trial in April 2022.

          Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, Former U.S. Attorney Andrew Birge for the Western District of Michigan, appointed to oversee the trial, and Assistant Director Robert R. Wells of the FBI’s Counterterrorism Division made the announcement.

          The FBI’s Detroit Field Office investigated the case with valuable assistance provided by the FBI’s Baltimore Field Office and the Joint Terrorism Task Force, including Michigan State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

          The U.S. Attorney’s Office for the Western District of Michigan charged the case and conducted the trials, with valuable assistance provided by the National Security Division’s Counterterrorism Section.

###

A Michigan man was sentenced today to 16 years in prison followed by five years of supervised release for conspiracy to kidnap the Governor of Michigan and conspiracy to use weapons of mass destruction against persons or property.

Adam Fox, 39, of Wyoming, Michigan, and co-conspirator Barry Croft Jr., 47, of Bear, Delaware, were convicted by a federal jury in August 2022 during an 11-day retrial. According to court documents and evidence presented at trial, Fox and Croft intended to kidnap Governor Gretchen Whitmer from her vacation cottage near Elk Rapids, Michigan, and use the destructive devices to facilitate their plot by harming and hindering the governor’s security detail and any responding law enforcement officers. They specifically explored placing a bomb under an interstate overpass near a pedestrian boardwalk. Croft was also convicted of possessing an improvised explosive device, which was a commercial firework refashioned with shrapnel to serve as a hand-grenade. A jury in an earlier trial was unable to reach a verdict.

“Mr. Fox, and his confederate Mr. Croft, were convicted by a jury of masterminding a plot to kidnap the Governor of Michigan and to use weapons of mass destruction against responding law enforcement,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Today’s sentence reflects the Department of Justice’s unwavering commitment to protecting our elected officials, law enforcement officers, and dedicated public servants from criminal threats and violence — and to holding the perpetrators of such acts fully accountable under the law.”

“Today, Mr. Fox learned his fate. For his role in the plot to kidnap the Governor and trigger further violence, he will serve a long term in prison,” said Former U.S. Attorney Andrew Birge for the Western District of Michigan, appointed to oversee the trial. “Responding to domestic terrorism has been a priority for the Department of Justice since its founding. Rest assured: we will spare no effort to disrupt plots like these and hold those responsible accountable to the law.”

“Today’s sentencing of Adam Fox shows that those who engage in violence to further ideological causes will be held accountable to the fullest extent of the law,” said Special Agent in Charge James A. Tarasca of the FBI Detroit Field Office. “The FBI remains committed to investigating anyone who conspires to harm members of the government.”

Fox is the third to be sentenced of four conspirators convicted in the plot. Croft is scheduled to be sentenced tomorrow.

Co-defendant Ty Garbin, 27, of Hartland, Michigan, pleaded guilty in January 2021 and initially received a sentence of 75 months, or over six years, in prison. The district court later reduced to a term of 30 months, or two and a half years in prison, after fully considering his cooperation at both trials. Kaleb Franks, 28, of Waterford, Michigan, received a term of four years in prison after pleading guilty and testifying at both trials. Co-defendants Daniel Harris and Brandon Caserta were acquitted at the first trial in April 2022.

The FBI’s Detroit Field Office investigated the case with valuable assistance provided by the FBI’s Baltimore Field Office and the Joint Terrorism Task Force, including Michigan State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

The U.S. Attorney’s Office for the Western District of Michigan charged the case and conducted the trials, with valuable assistance provided by the National Security Division’s Counterterrorism Section.

          GRAND RAPIDS, MICHIGAN – A Michigan man was sentenced today to 16 years in prison followed by five years of supervised release for conspiracy to kidnap the Governor of Michigan and conspiracy to use weapons of mass destruction against persons or property.

          Adam Fox, 39, of Wyoming, Michigan, and co-conspirator Barry Croft Jr., 47, of Bear, Delaware, were convicted by a federal jury in August 2022 during an 11-day retrial. According to court documents and evidence presented at trial, Fox and Croft intended to kidnap Governor Gretchen Whitmer from her vacation cottage near Elk Rapids, Michigan, and use the destructive devices to facilitate their plot by harming and hindering the governor’s security detail and any responding law enforcement officers. They specifically explored placing a bomb under an interstate overpass near a pedestrian boardwalk. Croft was also convicted of possessing an improvised explosive device, which was a commercial firework refashioned with shrapnel to serve as a hand-grenade. A jury in an earlier trial was unable to reach a verdict.

          Fox faced up to life in prison for his convictions. The Hon. Robert J. Jonker, District Judge, determined the ultimate sentence after evaluating the applicable federal Sentencing Guidelines, and considering the statutory sentencing factors, including the nature and circumstances of the offense; the history and characteristics of the defendant; the seriousness of the offense; and the need to promote respect for the law, to provide just punishment, and protect the public from future crimes of the defendant.

          “Mr. Fox, and his confederate Mr. Croft, were convicted by a jury of masterminding a plot to kidnap the Governor of Michigan and to use weapons of mass destruction against responding law enforcement,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Today’s sentence reflects the Department of Justice’s unwavering commitment to protecting our elected officials, law enforcement officers, and dedicated public servants from criminal threats and violence — and to holding the perpetrators of such acts fully accountable under the law.”

          “Today, Mr. Fox learned his fate. For his role in the plot to kidnap the Governor and trigger further violence, he will serve a long term in prison,” said Former U.S. Attorney Andrew Birge for the Western District of Michigan, appointed to oversee the trial. “Responding to domestic terrorism has been a priority for the Department of Justice since its founding. Rest assured: we will spare no effort to disrupt plots like these and hold those responsible accountable to the law.”

          Fox is the third to be sentenced of four conspirators convicted in the plot. Croft is scheduled to be sentenced tomorrow.

          Co-defendant Ty Garbin, 27, of Hartland, Michigan, pleaded guilty in January 2021 and initially received a sentence of 75 months, or over six years, in prison. The district court later reduced the sentence to a term of 30 months, or two and a half years in prison, after fully considering his cooperation at both trials. Kaleb Franks, 28, of Waterford, Michigan, received a term of four years in prison after pleading guilty and testifying at both trials. Co-defendants Daniel Harris and Brandon Caserta were acquitted at the first trial in April 2022.

          The FBI’s Detroit Field Office investigated the case with valuable assistance provided by the FBI’s Baltimore Field Office and the Joint Terrorism Task Force, including Michigan State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

          The U.S. Attorney’s Office for the Western District of Michigan charged the case and conducted the trials, with valuable assistance provided by the National Security Division’s Counterterrorism Section.

###

Grand Rapids man sentenced to 87 months for role in conspiracy to obtain more than $1 million in COVID-19 relief funds.

          GRAND RAPIDS, MICHIGAN — United States Attorney Mark Totten announced today that a local drug dealer has been sentenced to more than seven years in prison for his role in a plot to obtain more than $1.4 million COVID-19 relief funds.

          “Instead of treating the COVID-19 pandemic as a tragedy, Jemar Mason welcomed it as an opportunity to get rich quick. He took money intended to keep workers from losing their jobs, all while dealing cocaine.” said U.S. Attorney Mark Totten, for the Western District of Michigan. “My office remains committed to holding fraudsters fully accountable for their misdeeds.”  

          Defendant Jemar Mason is a previously convicted drug offender from the Grand Rapids area. In 2020, he joined a scheme with four other people: Andre Jackson, a corrupt former police officer from Georgia, Jackson’s “accountant,” a local used-car salesman, and a local cocaine user named David Kurbanov. The group worked together to help Mason and Kurbanov prepare fraudulent applications for Paycheck Protection Program loans authorized by the Coronavirus Aid, Relief, and Economic Security ("CARES") Act. This Act was a federal law designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of forgivable loans to small businesses through the PPP program, which was designed to provide small businesses with loans in order to keep employees on payroll. Mason and his co-conspirators exploited the program to obtain approximately $1.495 million in fraud proceeds. Afterwards, Mason and his confederates attempted to hide the proceeds by marking expenditures like car purchases as “payroll” expenses. Mason and Kurbanov also attempted to wire $500,000 to an overseas bank account that Jackson selected in order to invest the money for their own profit.

          Investigators from the Internal Revenue Service detected the plot and took steps to freeze the bank accounts of the conspirators, ultimately recovering approximately $1.123 million of the fraud proceeds. Federal prosecutors in the Western District of Michigan brought charges against five codefendants, including Mason, all of whom have now been convicted in connection with the scheme.

          Mason’s criminal activity went beyond financial crimes: he was also trafficking cocaine. After obtaining a Title III wire intercept, investigators from the Drug Enforcement Administration learned that Mason, his coconspirators, and associates were actively dealing drugs throughout West Michigan. Search warrants later uncovered multiple stash locations that were used to hide drugs, firearms, and drug dealing tools.

          Mason’s prison term of 87 months will be followed by a six-year term of supervised release in which his activity will be monitored by the United States Probation Office.

          “Mason exploited the pandemic to defraud United States taxpayers for his own personal gain,” said Acting Special Agent in Charge Charles Miller, Internal Revenue Service – Criminal Investigation, Detroit Field Office.  "IRS-CI is proud to work with our law enforcement partners to hold wrongdoers accountable and to protect the integrity of vital federal assistance programs.”

          DEA Special Agent in Charge for the Detroit Division also weighed in, stating, “Mason and many of his associates were responsible for trafficking kilogram-level quantities of addictive and destructive illicit drugs throughout western Michigan. Their criminal acts have certainly destroyed lives and eroded communities. This sentencing should serve as a stark reminder to anyone peddling poisons in our communities: your unlawful and destructive actions will not be tolerated.”  

          The charges in this case were part of an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation, dubbed Operation Cashout, by law enforcement officers in the Western District of Michigan and the Northern District of Georgia, including the Internal Revenue Service – Criminal Investigation, the Drug Enforcement Administration, the Federal Bureau of Investigation, the United States Postal Inspection Service, the United States Secret Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Michigan State Police, the Kent Area Narcotics Enforcement Team (KANET), and the Grand Rapids Police Department.

          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. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.      

###

          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten announced today that the last of seven defendants was sentenced for a retail theft and wire fraud scheme they executed at hundreds of Walmart stores in 38 states. U.S. District Judge Robert J. Jonker sentenced the leader of the conspiracy, Adarius Ferguson, of Benton Harbor, to 144 months in prison. “This sentence marks the end of rampant crime sprees by six men who stole from and conducted fraudulent returns at over 300 Walmart stores across the nation,” said U.S. Attorney Mark Totten.

          The seven men sentenced as part of this scheme are:

Name

Residence

Age

Sentence

Adarius Ferguson

Benton Harbor

31

144 months

Christopher Campbell

Benton Harbor

23

30 months

Joshawn Wilson

Benton Harbor

23

24 months

Jaylen Sulton

Benton Harbor

21

27 months

Tipton Lamar Walker

Benton Harbor

22

18 months

Marquis Davis

Benton Harbor

24

30 months

Elisha Vary

Jackson, MI

22

41 months

          As part of the conspiracy, the codefendants stole high-priced electronics, such as internet routers, Apple products, and iRobot vacuums, from Walmart stores. They also purchased high-priced electronic goods matching those that were stolen. Using a variety of means, they altered the Walmart receipts from purchased goods and used them to conduct returns of both the stolen goods and the purchased goods, effectively getting double the return value for each item they purchased as part of the scheme. The group stole over $275,000 in Walmart electronics and conducted fraudulent returns in excess of $400,000.

          “Brazen is exactly the way to describe what happened. People just piling up electronic equipment and walking out the front door, with the goal of going back in to ‘return’ the product,” said Judge Jonker. In discussing the broader implications of the fraud scheme, Judge Jonker explained, “It isn’t just Walmart. It’s the whole community. It’s all of the people that go to Walmart to buy things that now have to pay more for things because Walmart has to pay for the theft, somehow. . . . Stealing money without violence is still theft, it’s still serious, and it’s still something that people need to be accountable for.”

          “This crime not only affected a major retailer, it affected the lives of hundreds of Walmart employees. Some store associates had Walmart keys stolen from their hands as they opened electronic cases for the defendants. Others had their vests, name tags, and store radios stolen. One associate required emergency medical treatment after being assaulted during a theft. And countless Walmart employees were pressured by Adarius Ferguson while he made fraudulent returns.” U.S. Attorney Mark Totten explained. “My office is committed to intercepting and incapacitating fraudsters who threaten the integrity and safety of our communities and effectively raise the cost of goods for all consumers.”

          The Federal Bureau of Investigation and the Michigan State Police partnered in the investigation, with support from dozens of law enforcement agencies across the country that investigated thefts and fraudulent returns at Walmart stores in their respective jurisdictions. “The crimes committed by Ferguson and his codefendants were not “victimless” thefts from a retail store. In addition to the financial loss to the store, these defendants created trauma to the victim salesclerks,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “Today’s conclusion of this investigation serves as a reminder to those who engage in a criminal enterprise that the FBI and our law enforcement partners will work together with the private sector to find you and bring you to justice.”

          Assistant U.S. Attorneys Kate Zell and Adam Townshend prosecuted the case.             

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten today announced that Christopher James Masterson, 35, of Myrtle Beach, South Carolina was sentenced to 30 years in the Bureau of Prisons for the sexual exploitation of minor children.  In imposing sentence, U.S. District Judge Janet T. Neff noted that Masterson was one of the top two or three most egregious sex offenders she had sentenced.  Masterson will be on supervised release for 10 years when he gets out of prison.                                                         

          “This horrific type of predatory conduct harms the most vulnerable members of our society leaving irreparable damage in its wake,” said U.S. Attorney Mark Totten.  “Those who seek to exploit children should know that my office will bring them to justice.”

          Masterson engaged in a multi-year process of grooming a minor victim, ultimately convincing her to send live video footage of sexual acts involving herself and a sibling via social media.  He was arrested after traveling from South Carolina to Chippewa County, Michigan to engage in sexual conduct with the victim.  When law enforcement seized his phone, they found sexually explicit videos of the victim with Masterson directing her activities.

          “HSI and our law enforcement partners will continue to prioritize the safety and security of children in our communities,” said Special Agent in Charge Angie Salazar. “For our team, the work of caring for the victims of these despicable crimes is just as important as bringing predators like Masterson to justice.”

          This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse.  The U.S. Attorney’s Office for the Western District of Michigan; county prosecutor’s offices; HSI; Michigan State Police’s Internet Crimes Against Children task force; the West Michigan Based Child Exploitation Task Force (WEBCHEX); and federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children.  Anyone with information or concerns about possible child exploitation should contact local law enforcement.  For more information about Project Safe Childhood in West Michigan, including resources for children and parents, please visit: https://www.justice.gov/usao-wdmi/project-safe-childhood

          This matter was investigated by Homeland Security Investigations, the Sault Ste. Marie Tribal Police, the Michigan State Police, the Chippewa County Sheriff's Office, the City of Sault Ste. Marie Police Department, and U.S. Border Patrol.  The case was prosecuted by AUSA Paul D. Lochner and former AUSA Hannah N. Bobee.

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Kurtis VanderMolen Obtained Paycheck Protection Program Loans for a Fake Company and Used the Money for a BMW Convertible and Other Personal Expenses

          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten announced today that Kurtis James VanderMolen, 50, of Grand Rapids, Michigan pleaded guilty to bank fraud and money laundering in connection with a scheme to obtain approximately $170,000 in Paycheck Protection Program (“PPP”) loans for a company that did not exist.  Bank fraud carries a maximum penalty of thirty years’ imprisonment; money laundering carries a maximum of ten years’ imprisonment. 

          In July 2020, VanderMolen submitted a PPP loan application to a New Jersey bank for a fake company, Breakout Strategies Corporation.  VanderMolen claimed that Breakout Strategies had eleven employees and sent the bank fraudulent bank records and fake payroll records to make it appear as though Breakout Strategies was a real business.  VanderMolen received approximately $100,641 in his first PPP loan, which he used for personal expenses, including a BMW 650i convertible.  In February 2021, when VanderMolen ran out of his initial PPP loan proceeds, he applied for a second PPP loan on behalf of Breakout Strategies and again submitted fraudulent bank records, fake payroll records, and false tax documents to make it appear as though Breakout Strategies was a real company.  VanderMolen obtained approximately $69,361 from the second PPP loan that he used for personal expenses, including for his wedding aboard a boat in Florida.

          “This was federal aid that was intended to support our country’s critical small businesses, not to buy luxury cars or pay for wedding expenses,” said U.S. Attorney Mark Totten.  “My office will continue to aggressively prosecute COVID-19 relief fraud using all available remedies.”

          “The Paycheck Protection Program was a critical lifeline for Michigan’s small businesses, and the FBI will not tolerate people taking advantage of that program to enrich themselves,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “This kind of fraud may have prevented honest business owners from getting the help they needed to weather the early days of the pandemic. The FBI remains committed to finding people who commit fraud and holding them accountable for their crimes.”     

          This case was investigated by the FBI and the U.S. Attorney’s Office for the Western District of Michigan.  Assistant U.S. Attorney Adam Townshend is prosecuting the case.

          Anyone with information about attempted frauds involving COVID-19 relief can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline (1-866-720-5721) or through the Center’s Web Complaint Form (https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form).

###

Joint investigation led by FBI and involved ten other federal, state, local, and tribal law enforcement agencies

          GRAND RAPIDS, MICHIGAN — At a 3:00 p.m. press conference in Benton Harbor this afternoon, U.S. Attorney Mark Totten was joined by several local, state, federal, and tribal law enforcement officials to announce that, earlier today, eleven men from Benton Harbor and Grand Rapids, Michigan were charged with drug trafficking and firearms crimes. Five were arrested this morning, and five were in custody on prior charges. Seven men face charges related to the possession and transfer of firearm conversion devices, known as “switches,” which transform ordinary semi-automatic pistols into fully automatic machine guns. According to a criminal complaint filed in the case, a switch can be installed with little technical knowledge in approximately one minute. Once installed, it can enable a semi-automatic pistol to fire over 1,000 rounds per minute with a single trigger pull.

          “Today’s action represents a major step forward in our efforts to combat the rise of violent crime in Michigan,” said Mark Totten, U.S. Attorney for the Western District of Michigan. “The destructive capacity of a firearm equipped with a switch is staggering. These devices are an emerging threat to our communities, our children, our law enforcement officers, and anyone who stands in the path of their indiscriminate spray.” Totten also commended the joint law-enforcement effort behind today’s action: “These charges represent a remarkable, multi-agency effort that involved the FBI and ten other federal, state, local, and tribal law enforcement partners working together to keep West Michigan families safe.”

          Approximately 200 law enforcement officers executed the arrest and search warrants early this morning in Benton Harbor, Grand Rapids, and St. Joseph, Michigan, as well as Port St. Lucie, Florida. The charges include:

Name

Resident

Age

Charge

Evorion Anderson

Benton Harbor

20

Distribution of methamphetamine;

conspiracy to distribute methamphetamine

Jayvon Anthony

Benton Harbor

21

Possession or transfer of a machine gun; conspiracy to possess or transfer a machine gun; felon in possession of a firearm

Earl Austin IV

Benton Harbor

21

Distribution of methamphetamine; conspiracy to distribute methamphetamine; possession or transfer of a machine gun; conspiracy to possess or transfer a machine gun

Quincy Bowman

Benton Harbor

25

Conspiracy to possess or transfer a machine gun

Omarion Branch

Benton Harbor

19

Felon in possession of a firearm

Torez Burnett

Benton Harbor

20

Conspiracy to possess or transfer a machine gun

Nicholas Hallo

Grand Rapids

32

Felon in possession of a firearm

Demetrius Seuell

Benton Harbor

22

Possession or transfer of a machine gun and conspiracy to possess or transfer a machine gun

Timothy Thomas

Benton Harbor

25

Felon in possession of a firearm and ammunition

Armando Villanueva

Grand Rapids

22

Conspiracy to possess or transfer a machine gun

Eric Williams

Grand Rapids

23

Conspiracy to possess or transfer a machine gun

          “Fighting violent crime requires approaches tailored to the needs of individual communities. That is why our approach to disrupting this conspiracy to distribute firearms, switches, and drugs involved the kind of coordination you see here today,” said James A. Tarasca, Special Agent in Charge of the Federal Bureau of Investigation in Michigan. “I believe it is the sacred duty of the FBI and our law enforcement partners to ensure people can live free from fear in their own homes and neighborhoods, and we will all continue to do everything we can to protect our communities from violent crime.”

          “Conversion devices are not simple firearms parts or metal accessories, as commonly advertised. When a person uses an illegally converted weapon that shoots multiple rounds by a single function, it poses an even more serious threat to public safety,” said Craig Kailimai, Assistant Special Agent in Charge for the Detroit Field Division. “The collaborative effort and commitment between the U.S. Attorney’s Office, our Federal, State of Michigan, and Local partners to investigate and prosecute these cases protects our communities from this violent threat.”

          The complaint included these photographs of uninstalled and installed switches as illustrations:

          The investigation was led by the FBI, acting in cooperation with the Michigan State Police Southwest Enforcement Team (“SWET”), ATF, Drug Enforcement Administration, Department of Homeland Security, Benton Harbor Department of Public Safety, Benton Township Police Department, Berrien County Sheriff’s Office, Pokagon Band of Potawatomi Indians Tribal Police, Michigan Department of Corrections, and United States Postal Inspection Service.

          The charges in a complaint are merely accusations, and all defendants are presumed innocent until and unless proven guilty in a court of law.

          Law enforcement continues to search for Eric Williams. Members of the public with information as to Williams’s whereabouts are encouraged to contact the United States Marshals Service at (616) 456-2438. He is believed to be located in either Benton Harbor or Grand Rapids, Michigan.

Eric Williams

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten announced that Candi Taylor (39) of Kalamazoo, Michigan was sentenced to nine years in prison last Friday by Chief U.S. District Judge Hala Y. Jarbou for possession with intent to distribute 1.5 kilograms of fentanyl.  A street-level drug dealer, Taylor, possessed the large quantity of fentanyl because she was transferring it from one higher-level dealer to another. 

          “Make no mistake about it, my office is committed to prosecuting the traffickers who are distributing fentanyl and other illegal drugs and the dealers who sell it,” said Mark Totten, U.S. Attorney for the Western District of Michigan. “Together with our law enforcement partners, we are fighting to save lives against deadly drugs and working to keep our communities safe.”

          Taylor’s charges and conviction stemmed from her arrest on March 2, 2022.  The Kalamazoo Valley Enforcement Team (KVET), a multi-jurisdictional narcotics task force, had been investigating Taylor for her involvement with fentanyl distribution in and around Kalamazoo.  KVET obtained a warrant to search Taylor’s residence, vehicle, and her elderly father’s residence, which law enforcement believed Taylor was using as a stash house.  Taylor was in her vehicle in the driveway of her home when KVET executed the warrants and officers found her with a baggie containing approximately ten grams of fentanyl in her hand and a digital scale nearby.  Investigators found two more baggies in her coat pocket containing over 100 grams of fentanyl.  The search of Taylor’s elderly father’s house yielded over 1,400 grams of fentanyl in a locked toolbox that Taylor was temporarily holding to transfer to a larger-scale dealer.  Taylor pled guilty to possession with the intent of distributing the fentanyl she stashed at her elderly father’s residence.

          “The potential consequences of Ms. Taylor’s actions, for the residents of Kalamazoo and surrounding communities, is unfortunately, not inconceivable,” said DEA Detroit Special Agent in Charge Orville O. Greene. “With our federal, state, and local law enforcement partners, we are committed to providing the resources necessary to combat drug trafficking in our communities. These arrests should send a clear message that drug trafficking on any level will not be tolerated.”

          In announcing Taylor’s sentence, Chief U.S. District Judge Hala Y. Jarbou recognized that Taylor was primarily a street-level dealer but observed that she made a “huge mistake” and took a “huge gamble” by offering to hold and transfer 1.5 kilograms of fentanyl from one dealer to another. Jarbou further observed that individuals who transport for larger-scale dealers must face consequences.  Taylor had prior convictions for retail fraud, carrying a concealed weapon, unarmed robbery, and fleeing from police, which Judge Jarbou also considered when imposing the sentence.         

          “The poisoning of our community by drug dealers pushing fentanyl into the hands of Kalamazoo residents is devastating,” said Kalamazoo Department of Public Safety Acting Chief David Boysen.  “The end user, their family, and the community bear the burdens of the drug dealer’s desire for material gains.  Today’s sentence is clear evidence that the Kalamazoo Department of Public Safety will, through targeted enforcement, work tirelessly to stop drug dealers from destroying lives” added Boysen.

          This case was investigated by the U.S. Drug Enforcement Administration and the Kalamazoo Valley Enforcement Team, a narcotics task force operating in Kalamazoo County.  The case was prosecuted by Assistant U.S. Attorney Joel S. Fauson.

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          GRAND RAPIDS, MICHIGAN —U.S. Attorney Mark Totten announced today that U.S. District Court Judge Jane M. Beckering sentenced Deshay Malory, age 30, of Kalamazoo, to 120 months in federal prison for possessing a loaded, stolen firearm as a convicted felon in connection with cocaine dealing, one week after he fired at a car with two children inside, and all while he was on parole from an earlier drug conviction. In imposing the maximum sentence permitted by law, Judge Beckering emphasized the “seriousness of the offense,” and concluded that a “lengthy sentence” was “called for.”

          “Malory’s actions put innocent lives in danger,” said U.S. Attorney Mark Totten. “While no one was injured, all shootings cause harm. The sudden crack of gunfire drives people to live in fear. It especially harms those present, who are all too often haunted by the jarring realization of what might have happened. My office will prosecute shooters to the fullest extent of the law.”

          On April 4, 2022, police responded to a shooting in a Kalamazoo parking lot and learned that Malory had shot at a car with two adults and two children inside, striking a passenger door. Surveillance video from a nearby business confirmed Malory’s responsibility for the shooting. One week later, police arrested Malory in a Kalamazoo convenience store with a loaded, stolen pistol and two plastic baggies of cocaine. In Malory’s car, police found more plastic bags and a digital scale with white residue on it.

          “Through strong relationships with our federal partners, the Kalamazoo Department of Public Safety stands firm in pursuing violent offenders through targeted enforcement actions,” said Deputy Chief Dave Boysen of the Kalamazoo Department of Public Safety. “Today’s sentencing will send a message that gun violence will not be tolerated in Kalamazoo.”

          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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Kalamazoo Valley Enforcement Team, and the Kalamazoo Department of Public Safety. It was prosecuted by Assistant United States Attorney Patrick J. Castle.

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten today announced that Jonathon Thomas Burgett, 37, of Holland, Michigan was sentenced to 30 years in the Bureau of Prisons for the sexual exploitation of a child. In imposing sentence, U.S. District Judge Jane M. Beckering noted that Burgett “engaged in conduct that will, for a lifetime, severely impact” the victim. Burgett will be on supervised release for 5 years when he gets out of prison.

          “This type of predation harms some of the most vulnerable members of our society and can cause lasting damage,” said U.S. Attorney Mark Totten. “My office will always pursue people who create child pornography and we will seek penalties to help protect other children from being victimized.”

          Burgett was caught taking photographs through an adult female’s window in Allegan County. When law enforcement searched his phone, they found hundreds of images of child pornography, including sexually explicit images he had taken of a four-year-old. Judge Beckering noted that Burgett had “a long history” of similar offenses and despite treatment starting at an early age, “this was an addiction” for him.

          “The images Burgett created are not merely pictures but are a permanent record of his sexual abuse and exploitation of a child,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “I struggle to think of behavior more reprehensible, and that is why investigating child predators is a priority for the FBI. I would like to thank the Allegan County Sheriff’s Office for bringing this defendant to our attention and for its assistance in obtaining some measure of justice for this victim.”  

          This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. The U.S. Attorney’s Office for the Western District of Michigan; county prosecutor’s offices; HSI; ICAC; the West Michigan Based Child Exploitation Task Force (WEBCHEX); and federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. Anyone with information or concerns about possible child exploitation should contact local law enforcement. For more information about Project Safe Childhood in West Michigan, including resources for children and parents, please visit: https://www.justice.gov/usao-wdmi/project-safe-childhood

          This matter was investigated by the Allegan County Sheriff’s Department and the Federal Bureau of Investigation’s WEBCHEX task force.

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          GRAND RAPIDS – The U.S. Attorney’s Office for the Western District of Michigan filed a criminal complaint to arrest and charge Tyrone Henderson, 50, of Kalamazoo, Michigan for possession with intent to distribute fentanyl, heroin, and methamphetamine; felon in possession of firearms; and possession of firearms in furtherance of drug trafficking.  After a preliminary hearing and detention hearing on Friday, before Magistrate Judge Sally J. Berens, Henderson was bound over and detained pending the return of an indictment by the Grand Jury. Henderson made his initial appearance in U.S. District Court on November 15, 2022.  

          “Given the extreme danger posed by fentanyl, we are in a fight to save lives,” said U.S. Attorney Mark Totten. “According to the Kalamazoo Valley Enforcement Team, this is the largest seizure of fentanyl in the Kalamazoo area. My office, in coordination with our local and federal partners, is committed to disrupting the distribution of fentanyl, illegal drugs, and guns into our communities.”

          According to court documents, the Kalamazoo Valley Enforcement Team (KVET), a multi-jurisdictional narcotics task force, has been investigating Henderson for his involvement with fentanyl and methamphetamine distribution in Kalamazoo.  KVET obtained a warrant to search Henderson’s residence.  A search of the residence yielded 2.3 kilograms of pure fentanyl, 1.3 kilograms of a heroin and fentanyl mixture, 516 grams of heroin, and 489 grams of methamphetamine.  Much of the methamphetamine seized from Henderson’s residence was in pill form, disguised to look like the party drug ecstasy.  Henderson’s residence also contained four assault rifles; multiple magazines; ammunition; a loaded, stolen handgun; digital scales; presses; and, other implements used for processing narcotics.  Henderson has multiple prior felony convictions and is prohibited from possessing firearms.  For more information, please see the continuation in support of the criminal complaint available on the public docket.  United States v. Henderson, No. 1:22-MJ-472 (SJB), ECF No. 1-1 (W.D. Mich.)

          “The Kalamazoo Valley Enforcement Team is committed to reducing gun violence often fueled by the illegal distribution of controlled substances most notably Fentanyl,” said KVET Captain Rafael Diaz.  “This case represents many hours of investigation and collaboration with our federal partner, the DEA.  And we look forward to continuing that relationship to support the greater Kalamazoo area in reducing the damaging effects of lost lives due to gun violence and overdoses.”

          U.S. Attorney Mark Totten of the Western District of Michigan, Special Agent in Charge Orville O. Greene of the U.S. Drug Enforcement Administration’s Detroit Field Division, and Kalamazoo Department of Public Safety Acting Chief David Boysen made the announcement.

          The U.S. Drug Enforcement Administration and Kalamazoo Valley Enforcement Team are investigating the case.  A photograph of some of the items seized from Henderson’s residence is below.

          Under the United States Constitution, the government must present felony cases to a grand jury and obtain indictments to proceed with prosecution.  The charges in the complaint are merely accusations and are not evidence of guilt.  The defendant is presumed innocent unless and until proven guilty in a court of law.  The government has the burden of proving guilt beyond a reasonable doubt.

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          GRAND RAPIDS, MICHIGAN —U.S. Attorney Mark Totten announced today that U.S. District Court Judge Robert J. Jonker sentenced Treshawn Kalian Bible, age 23, of Kalamazoo, Michigan, to 125 months in federal prison for illegally possessing a firearm as a convicted felon. This is the third time in four years that Bible has been convicted of being a felon in possession of a firearm, and today’s sentence was enhanced because Bible possessed his firearm in connection with drug trafficking. Judge Jonker observed that Bible is “enmeshed in gang culture” and “needs to stop.” Addressing the broader community, Judge Jonker said that a “message needs to go out: there really is a serious cost” to this type of behavior.

          “Bible had an opportunity to reject a life of violence, but instead treated his federal firearms conviction as a badge of merit,” said U.S. Attorney Mark Totten. “He chose the path of guns and drugs, which led him directly back to prison, this time for more than a decade. Let today’s sentence serve as a reminder that my office has no tolerance for armed drug dealers.”

          Bible is known to law enforcement as a member of the “Belmont Gangsters” in Kalamazoo, Michigan, and refers to himself as “FedBaby,” a moniker he had tattooed on his arm as an apparent homage to his 2019 federal gun conviction.

          In late 2021, just weeks after Bible was released from prison in that case, police received reports of his involvement in multiple shootings in the Kalamazoo area—two resulting in injuries, and one resulting in death. During a traffic stop in December 2019, police found him with a stolen, loaded revolver, and two digital scales with drug residue on them. On Bible’s phone, police found drug dealing text messages, along with a video showing that he’d been illegally handling firearms since the day after he left from prison.

          “The Kalamazoo Valley Enforcement Team is committed to stopping violent offenders from continuing to endanger the public through outreach, enforcement, and partnerships with city, county, state, and federal partners,” said Captain Rafael Diaz of the Kalamazoo Department of Public Safety. “The sentence imposed in this case represents the culmination of many hours of work and collaboration to keep the community safe.”

          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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Kalamazoo Valley Enforcement Team, and the Kalamazoo Department of Public Safety, and prosecuted by Assistant U.S. Attorneys Patrick J. Castle and Davin Reust.

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten announced today that Adelita Castillo Juarez, age 55, of Kent City, Francisca Adelita Juarez, age 35, of Kent City, Evelyn De-Maya Vanderbilt, formerly known as Kwamaine Dejaun Trice, age 32, of Grand Rapids and Inkster, and Mya Michelle Giordano, formerly known as Mark Anthony Hall, age 42, of Norfolk, Virginia, were indicted by a federal grand jury with various crimes related to a fraudulent scheme to obtain state and federal benefits provided in part in connection with the COVID-19 pandemic. The indictment alleges that the co-defendants stole at least $1,053,401.

          “Corruption is a rot we must eliminate,” said U.S. Attorney Mark Totten.  “One of my highest priorities is the investigation and prosecution of criminal conduct by public officials. We will identify and prosecute government employees that steal taxpayer dollars. And pandemic fraud, whether committed by public employees or private citizens, will remain a priority for my office.”

          The 33-count indictment alleges that between May 2020 and January 2022, the four co-defendants conspired to commit wire fraud, and in fact committed wire fraud, by filing fraudulent unemployment claims in Michigan and elsewhere.  The claims involved in the case were allegedly for claimants who were ineligible for benefits, for example because they did not have Michigan income or reside in Michigan.  Adelita Juarez was employed as an Unemployment Insurance Examiner by the State of Michigan during the relevant time period, and allegedly processed the claims to ensure they would be paid, including by clearing fraud notices.  Her daughter, Francisca Juarez, allegedly received kickbacks in connection with the payment of the fraudulent claims.  The remaining co-defendants, Vanderbilt and Giordano, allegedly obtained the personally identifiable information of the claimants, aided in the submission of the claims, and received some or all of the proceeds of the claims.  The proceeds of the scheme were allegedly funded in part by the Pandemic Unemployment Assistance, Pandemic Unemployment Compensation, and Lost Wages Assistance programs.  The indictment alleges that the co-defendants stole at least $1,053,401.

          “An important mission of the Office of Inspector General is to investigate allegations involving unemployment insurance fraud.  We will continue to work with our law enforcement partners to investigate these types of allegations,” stated Irene Lindow, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor, Office of Inspector General (“DOL-OIG”). 

          “I’m proud of the continued success our Agency’s investigators have demonstrated in protecting the integrity of Michigan’s unemployment benefits system,” said Michigan Unemployment Insurance Agency (“UIA”) Director Julia Dale.  “We have zero tolerance for anyone within our Agency or any outside bad actors who try to scam the system designed to help workers who have lost their jobs.  Our team won’t rest until those who steal from taxpayers are brought to justice.”

          In addition to conspiracy and wire fraud, the defendants are charged with theft of public money.  Adelita and Francisca Juarez, and Vanderbilt, are charged with disaster fraud.  Adelita Juarez is charged with federal program theft.  Vanderbilt and Giordano are charged with several counts of aggravated identity theft each.  Finally, Vanderbilt is separately charged with wire fraud for allegedly defrauding the Paycheck Protection Program and a lender of $41,666.

          The charges in an indictment are merely accusations and are not evidence of guilt.  The defendants are presumed innocent unless and until proven guilty in a court of law.  The government has the burden of proving guilt beyond a reasonable doubt.  A conviction for conspiracy to commit wire fraud, or wire fraud, in connection with a declared major disaster or national emergency is subject to a prison term of up to 30 years and a fine of up to $1,000,000, among other penalties.  A conviction for aggravated identity theft carries a mandatory prison term of two years, to be served consecutively to any other sentence imposed.

          DOL-OIG, the UIA-Fraud Investigations Unit, the Treasury Inspector General for Tax Administration, and the Department of Homeland Security, Office of Inspector General, are investigating the case.  Other law enforcement agencies that have provided assistance include the Michigan State Police, Homeland Security Investigations, the U.S. Secret Service, the Kent County Sheriff’s Department, the Walker Police Department, and the Norfolk Police Department.  Assistant U.S. Attorney Justin M. Presant is prosecuting the matter.  The case was assigned to the Honorable Paul L. Maloney, United States District Judge.

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten today announced that Joseph Woods, 33, and his brother, Johon Woods, 28, both of Grand Rapids, were each sentenced to a total of 84 months in prison for stealing 53 firearms from an area gun store.  U.S. District Judge Jane Beckering also ordered a 3-year period of supervised release to follow each defendant’s term of incarceration.                                   

          “My office is focused on disrupting the escalating gun violence that is plaguing our communities,” said U.S. Attorney Mark Totten. “Together with our federal, state, local, and tribal law enforcement partners we will continue to pursue, arrest, and prosecute armed criminals and gun traffickers, like the Woods brothers.”

          In the early morning hours of February 23, 2022, Joseph and Johon Woods broke into Al and Bob’s Sports, a licensed gun dealer located in Kent County. The pair scaled a 25-foot wall to gain access to the firearms section of the store, smashed multiple display cases, and grabbed a total of 53 firearms. The brothers then then cut the interior lock of a garage door to pile the guns into their getaway car. The store’s alarm alerted law enforcement of the robbery, who arrived on scene shortly after the break-in. Joseph sped away from the scene in their getaway car, leaving his brother Johon at the scene of the crime. To escape police, Johon stole a nearby Chevrolet Silverado pickup truck. He ultimately crashed this truck into the McDonald’s restaurant located across the street from Al and Bob’s Sports.  Johon, who was on state parole at the time of the robbery, was quickly arrested by police. Inside the pickup truck, police found a pistol that was stolen from Al and Bob’s Sports. The next day police located Joseph Woods still driving the same getaway car. Inside of this car they discovered 14 of the firearms that the brothers stole from Al and Bob’s Sports. Although 21 firearms were recovered during the course of the investigation, there are still 32 firearms that have not been located.  Law enforcement believe that these firearms were sold on the black market. Judge Beckering stated that this crime will have “an extraordinary contribution to the violence in our community.”

          “Stopping the flow of illegal firearms into our communities is a top priority for ATF,” said, Assistant Special Agent in Charge Craig Kailimai, “This case demonstrates the excellent work of our agents and law enforcement partners in recovering this volume of stolen firearms before violent criminals had the chance to use them on our streets.”  

          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 make our neighborhoods safer for everyone.   The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime. This case was investigated by the Kent County Sheriff’s Office, Grand Rapids Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and prosecuted by Assistant U.S. Attorney Erin Lane. 

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten announced today that three men—Paschal Osinachi Uchendu, 27, of Mason, Stephen Ikechuwku Uchendu, 21, of Mason, and Todd Lamonte Harris, Jr., 20, of Grand Rapids—pleaded guilty to their roles in staging the armed robbery of a courier van transporting over $1.2 million in cash.

          “This inside job was a foolish endeavor that earned these young men serious felony charges and federal criminal records,” said U.S. Attorney Mark Totten.  “I commend law enforcement for quickly solving this crime through a thorough and effective investigation.” 

          Paschal Uchendu organized the staged armed robbery of the cash courier van that he was driving on February 15, 2022.  Stephen Uchendu and Todd Harris followed the van in another vehicle and faked a car accident in Okemos.  Todd Harris engaged Paschal Uchendu, who exited the van, while Stephen Uchendu entered the passenger side of the van with an unloaded AR-15 rifle.  Paschal Uchendu drove the van to another location and unlocked the vault for Stephen Uchendu and Todd Harris.  Together, the men stole approximately $1,244,483, including money belonging to an area financial institution.  Stephen Uchendu and Todd Harris each received $25,000 for their role in the staged armed robbery.  When officers subsequently contacted Todd Harris, he and Stephen Uchendu left the State of Michigan and took a portion of their theft proceeds on a trip to Georgia.  Over $700,000 of the stolen money remains outstanding.

          The three men were charged in a Felony Information on September 21, 2022.  On October 12, 2022, Paschal Uchendu pleaded guilty to bank larceny.  On September 28, 2022 and November 2, 2022, respectively, Stephen Uchendu and Todd Harris pleaded guilty to the interstate transportation of stolen property.  All three men face up to ten years in prison, up to three years of supervised release, and fines in excess of $250,000.  Stephen Uchendu will be sentenced on March 7, 2023.  Paschal Uchendu will be sentenced on March 8, 2023.  Todd Harris is awaiting a sentencing date.

          This case is being investigated by the Federal Bureau of Investigation with prior assistance from the Meridian Township Police Department.

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten today announced that Theron Darrell Perry II, 32, of Benton Harbor, was sentenced to a total of 138 months in prison for being a felon in possession of a firearm. U.S. District Judge Robert Jonker also imposed a 3-year period of supervised release to follow Perry’s incarceration.                

          “My office is focused on improving the safety of our communities and that includes reducing gun violence,” said U.S. Attorney Mark Totten. “One way to get guns off of our streets is by identifying repeat offenders who are illegally possessing firearms.”

          In 2017, Judge Jonker sentenced Perry to 68 months in prison for being a felon in possession of a firearm. He was released from prison in January 2022 and was arrested for possession of a firearm in April. He was released from state custody shortly thereafter and acquired another firearm in May 2022 by having a friend purchase it on his behalf. When officers tried to arrest him later in May, he fled and while fleeing, hit another car, lost control of his vehicle, and crashed into a bank.

          Judge Jonker sentenced Perry to 114 months in prison for the recent conduct and 24 months in prison for violating the terms of his supervised release on his 2017 offense. The sentences were imposed consecutively, meaning Perry will serve a total of 138 months in prison.

          In imposing sentence, Judge Jonker noted that his prior prison term “did not deter Mr. Perry in the least,” that he was arrested with a firearm and when released he immediately went and got another firearm, which the court found “incredible.” Judge Jonker noted that Perry had a “long history of firearms and other criminal conduct.”

          “For years, this defendant has illegally obtained firearms and posed a potential threat to the citizens of Benton Harbor and its surrounding communities with impunity,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “I want to thank our partners on the Benton Harbor FBI Safe Streets Task Force for all of their hard work on this investigation and for their efforts to keep our communities safe.”

          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 make our neighborhoods safer for everyone.   The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

          This case was investigated by the Benton Harbor FBI Safe Streets Task Force, which includes law enforcement officers​ from the FBI, Michigan State Police, Berrien County Sheriff's Department, Benton Harbor Department of Public Safety, Benton Township Police Department, Pokagon Band Tribal Police Department, and the Michigan Department of Corrections.

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten announced today that Ernest James Jones, Jr., 22, of Grand Rapids, was sentenced to 70 months in prison for being a felon in possession of firearms.  U.S. District Judge Paul Maloney also imposed a 3-year period of supervised release to follow Jones’s incarceration.    

          “Reducing gun crime and preserving the safety of our communities are priorities for my office,” said U.S. Attorney Mark Totten.  “We are committed to working with the ATF and our law enforcement partners to disrupt illegal, black market weapon sales to minimize illegal guns on the streets of West Michigan.”

          In December 2021, Jones was sentenced to jail on a state weapons conviction.  The day he was released from jail in January 2022, Jones offered to sell guns to a confidential informant working for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).  Jones sold stolen guns to the informant on four different occasions and believed, based on conversations with the informant, that the informant was also involved in illegal gun sales. Two of the guns Jones sold were used in shootings in Grand Rapids in 2020.  

          “This case illustrates how ATF utilizes crime gun intelligence to effectively identify and remove violent criminals from our communities,” said Assistant Special Agent in Charge Craig Kailimai, “The efforts of our federal, state, tribal, and local partnerships have had a significant impact on reducing the threat of gun violence.”

          Judge Maloney described Jones’s conduct as “grave indeed” and “emblematic of what is going on in communities across the State of Michigan and the country.”  Jones is a “threat to the public,” Judge Maloney said, and those who illegally possess and traffic guns need to know that “they will face a significant penalty if convicted.”

          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 make our neighborhoods safer for everyone.   The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

          The case was investigated by the ATF and prosecuted by Assistant United States Attorney Adam Townshend.

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Georgia man becomes last of five defendants convicted in prosecution of conspiracy to obtain more than $1 million in COVID-19 relief funds

          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten today announced that former Clayton County, Georgia police officer Andre Jackson has been convicted of attempting to launder $500,000 in fraudulently obtained COVID-19 relief funds. Jackson faces up to 10 years in prison.

          "Andre Jackson and his co-conspirators chose to exploit COVID-19 relief funds as an opportunity to get rich quick by stealing funds intended to keep workers from losing their jobs,” said U.S. Attorney Totten. “That is unacceptable, and my office remains committed to holding fraudsters fully accountable for their misdeeds.”  

          In 2020, Jackson introduced fellow Georgia resident James Williams to Jemar Mason and David Kurbanov, both residents of the Western District of Michigan. Williams helped Mason and Kurbanov prepare fraudulent applications for Paycheck Protection Program loans authorized by the Coronavirus Aid, Relief, and Economic Security ("CARES") Act.

          Jackson and his co-conspirators exploited the program to obtain approximately $1.495 million in fraud proceeds. Afterwards, Jackson attempted to launder some of the proceeds by directing two of his confederates to wire $500,000 to an overseas bank account that Jackson selected. Investigators from the Internal Revenue Service detected the plot and took steps to freeze the bank accounts of the conspirators, ultimately recovering approximately $1.123 million of the fraud proceeds.

          “Today, Andre Jackson has been held accountable for his actions in conspiring to steal over one million dollars designed to provide relief to small businesses during the Covid-19 pandemic,” said Acting Special Agent in Charge Charles Miller, IRS Criminal Investigation, Detroit Field Office. “IRS-CI is dedicated to working with our law enforcement partners to combat and prevent fraud related to the CARES Act.”

          Federal prosecutors in the Western District of Michigan brought charges against five co-defendants, including Jackson, all of whom have now been convicted in connection with the scheme. Jackson faces up to 10 years in prison and is scheduled for sentencing on February 23, 2023. This case was prosecuted by Assistant U.S. Attorneys Jonathan Roth, Kristin Pinkston, and Austin Hakes. It is proceeding before U.S. District Judge Jane M. Beckering.

          The charges in this case were part of an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation, dubbed Operation Cashout, by law enforcement officers in the Western District of Michigan and the Northern District of Georgia, including the Internal Revenue Service – Criminal Investigation, Drug Enforcement Administration, Federal Bureau of Investigation, United States Postal Inspection Service, United States Secret Service, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Michigan State Police, Kent Area Narcotics Enforcement Team (KANET), and the Grand Rapids Police Department.

          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. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.      

          The CARES Act is a federal law designed to provide emergency financial assistance to millions of Americans suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of forgivable loans to small businesses through the PPP program, which was designed to provide small businesses with loans to keep employees on payroll.

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          Media note: Other noteworthy pandemic-related fraud cases prosecuted by the U.S. Attorney’s Office for the Western District include the following: Owners Of Grand Rapids Trucking Company Plead Guilty To Bank Fraud Conspiracy, Pay $1,000,000 In Related Civil Case, In Connection With Covid-19 Relief Fraud and Six Defendants Charged In $1 Million Covid Fraud Schemes.

          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten announced today that six individuals from Benton Harbor, Michigan, have been indicted by a federal grand jury on charges relating to pandemic fraud schemes they used to obtain over $1 million in COVID-19 relief, including fraudulently obtained unemployment insurance benefits and small business loans. Charged in the indictment are: Roshell Beaty (aka Roshell Clinton, Angel Clinton, and Angel Beaty), age 45, of Benton Harbor; Beaty’s son Melvin Clinton, age 21, of Benton Harbor; Beaty’s daughter Danielle Branch (aka Danielle Beaty), age 28, of Benton Harbor; Christopher Bates, age 22, of Benton Harbor; Brianna Rimpson, age 24, a resident of the Grand Rapids area who previously lived in Benton Harbor; and Beaty’s son Christopher Branch, age 27, a resident of the Atlanta, Georgia area who is from Benton Harbor.

          “While many individuals and families were suffering from the financial challenges caused by COVID-19, criminals used it as an opportunity to exploit pandemic relief programs for their own financial gain, knowing they were not entitled to the funds,” said U.S. Attorney Mark Totten. “My office will continue to collaborate with state and federal partners to rigorously investigate pandemic fraud throughout the district, pursue charges against those who have committed such fraud, and seek to recover ill-gotten gains.”

          The indictment alleges that, between April 2020 and December 2021, Roshell Beaty and her codefendants conspired to commit wire fraud by submitting falsified and fraudulent claims and certifications for pandemic unemployment insurance benefits, in their own names and in the names of third parties, some of whom were victims of identity theft. According to the indictment, the six codefendants submitted at least 98 false and fraudulent unemployment insurance claims and related certifications in multiple states, in the names of at least 61 different individuals. In response to those claims, the states of Michigan, Indiana, California, Illinois, and Arizona paid out more than $764,000 in pandemic unemployment insurance benefits.

          Each of the six defendants is also charged with respective counts of wire fraud related to pandemic unemployment insurance fraud. Two defendants—Roshell Beaty and her son Christopher Branch—are charged with various counts of aggravated identity theft, for using the means of identification of other people without lawful authority, in connection with the unemployment insurance wire fraud conspiracy. Defendants Roshell Beaty, Melvin Clinton, Danielle Branch, and Christopher Bates are each charged with fraud in connection with emergency benefits.

          The Michigan Unemployment Insurance Agency (UIA), which administers the joint state and federal unemployment insurance program in Michigan, partnered in the investigation. “The Michigan UIA has zero tolerance for anyone accused of breaking the public trust by stealing from fellow taxpayers. We are committed to working with our law enforcement partners at the local, state, and federal levels to bring bad actors to justice and prosecute them to the fullest extent of the law,” said Julia Dale, director of the Michigan UIA. “Our investigators have helped bring charges against 90 people accused of pandemic unemployment fraud and we’re not stopping there. Rooting out fraud is a cornerstone of our ongoing reform of the agency and our commitment to providing exemplary customer service.”

          In addition to charges stemming from unemployment insurance fraud schemes, five of the six defendants are charged in the indictment with varying counts of wire fraud and conspiring to commit wire fraud in connection with their alleged fraudulent receipt of loans intended to relieve small businesses of burdens and costs associated with the pandemic. Roshell Beaty and Melvin Clinton face charges for an Economic Injury Disaster Loan in the amount of $49,900, for a purported hair and nail salon belonging to Clinton, with 10 employees. The Indictment alleges that loan proceeds were used to purchase a 2017 Jaguar F-Pace SUV. Roshell Beaty, Melvin Clinton, Danielle Branch, Christopher Bates, and Brianna Rimpson are charged in connection with Paycheck Protection Program loans, totaling $258,148, for purported small businesses.

          The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law. A conviction for conspiracy to commit wire fraud, or wire fraud, in connection with a declared major disaster or national emergency is subject to a prison term of up to 30 years and a fine of up to $1,000,000, among other penalties. A conviction for aggravated identity theft carries a mandatory prison term of two years, to be served consecutively to any other sentence(s) imposed.

          The case was investigated by the Michigan Unemployment Insurance Agency of the Michigan Department of Labor and Economic Opportunity, the Office of Investigations of the Treasury Inspector General for Tax Administration, the Federal Bureau of Investigation, and the U.S. Department of Labor, Office of Inspector General. It is being prosecuted by Assistant U.S. Attorney Kate Zell. The case is proceeding before U.S. District Judge Janet T. Neff.                                                                                     

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          GRAND RAPIDS, MICHIGAN—U.S. Attorney Mark Totten today announced that a federal grand jury has indicted Michael John Batt, 35, of Jenison, Michigan, with charges related to the production and distribution of child pornography.

          “Protecting our most vulnerable, our kids, is a top priority for my office and our law enforcement partners,” said U.S. Attorney Mark Totten. “My office is committed to vigorously investigating and prosecuting these types of crimes against children.”

          The indictment alleges that on or about September 19, 2022, Batt used and attempted to use a child of approximately three years of age to engage in the lascivious exhibition of the child’s genitals or pubic area for the purpose of photographing that conduct. According to the indictment, Batt created images of the child using an iPhone. The indictment also alleges that on or about September 20, 2022, Batt knowingly distributed four images of child pornography using an internet-based messaging application.

          “HSI remains steadfast in our commitment to investigate these offenders and to also provide care and support for victims of these types of crimes,” said HSI Detroit Special Agent in Charge Angie Salazar. “Working together with our community partners we can help put a stop to child exploitation.”

          “The Michigan State Police (MSP) Computer Crimes Unit, Internet Crimes Against Children (ICAC) Task Force is committed to tracking down suspects, rescuing victims, and proactively enforcing the laws that protect our children.  The MSP values the strong relationship with the U.S. Attorney’s Office and Homeland Security Investigations,” said Detective Sergeant Chris Prevette of the Grand Rapids Computer Crimes Unit.

          This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. The U.S. Attorney’s Office; county prosecutor’s offices; HSI; ICAC; the West Michigan Based Child Exploitation Task Force (WEBCHEX); and federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. Anyone with information or concerns about possible child exploitation should contact local law enforcement. For more information about Project Safe Childhood in West Michigan, including resources for children and parents, please visit: http://www.justice.gov/usao/miw/programs/psc.html.

          An indictment is 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.

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Caller placed approximately 143 calls, tied up sheriff’s dispatch line for three hours

          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten today announced that Jonathan Joshua Munafo, 35, most recently of Winter Park, Florida, was sentenced by U.S. District Judge Janet T. Neff to 24 months in prison and three years’ supervised release for threatening emergency dispatch personnel and tying up an emergency phone line for three hours.

          “Violence, threats of violence, or intimidation is never the answer,” said U.S. Attorney Mark A. Totten. “My office will not tolerate this behavior, especially when it interferes with the life-saving duties of first responders and jeopardizes the public’s safety. Our public servants on the front lines should never be subjected to this type of harassment for simply doing their jobs.”

          On January 5, 2021, Munafo called the Calhoun County Sheriff’s Office demanding to speak to a sheriff’s deputy or sergeant. Munafo identified himself only as “Yankee Patriot” and aggressively berated the dispatcher. When her supervisor took over the conversation, Munafo said, “Put a … cop on the on the phone now … or it’s going to go way worse for your family.” He added, “I’m telling you, this isn’t a … threat, it’s a promise. … I’m gonna cut your throat. I’m gonna make you eat your … nose. I’m gonna hurt you bad for this.”

          “Today, Jonathon Munafo is being held accountable for threats made to a Calhoun County dispatcher and her family,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “Public servants – particularly those who work in already stressful positions – should not be threatened or intimidated for doing their jobs. This type of behavior will not be tolerated by the FBI, and we will investigate those who threaten our community with violence.” 

          Munafo placed approximately 143 calls to the dispatch center, even though the supervisor pleaded with him to clear the line for emergency calls. Munafo said the dispatcher was risking lives by letting him tie up the line and that after the “Insurrection Act” he was coming to her house first. Calhoun County Sheriff’s Office and FBI investigators determined that Munafo placed the call from a truck stop in North Carolina. The next day (January 6, 2021), Munafo allegedly participated in the assault on the U.S. Capitol.

          Munafo has been indicted by a federal grand jury in Washington, D.C. for multiple offenses, including assaulting a U.S. Capitol Police officer.                                

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          LANSING, MICHIGAN — U.S. Attorney Mark Totten announced today that Assistant United States Attorney (AUSA) Justin Presant will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2022, general election.  AUSA Presant has been appointed to serve as the District Election Officer (DEO) for the Western District of Michigan, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.

          United States Attorney Totten also announced that his office has established a hotline, 616-808-2140, and website for members of the public to make a complaint or share information related to voting rights concerns. 

          “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election,” said U.S. Attorney Mark Totten. “Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence.  The Department of Justice will always work tirelessly to protect the integrity of the election process.”

          United States Attorney Totten added, “The hotline and website were established because it is critical for the public to have a direct line of communication to our office. This helps strengthen public confidence in the integrity of the election process by providing individuals the ability to report possible election fraud, voting rights violations, and threats of violence while the polls are open through Election Day.”

          The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud.  The Department will address these violations wherever they occur.  The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.

          Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice.  The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).  

          United States Attorney Totten stated that: “Voting is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice.  In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Presant will be on duty in this District while the polls are open.” 

          In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day.  The local FBI field office can be reached by the public.

          Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .

          United States Attorney Totten said, “Ensuring free and fair elections depends in large part on the assistance of the American electorate.  It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”

          Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities.  State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.

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          GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten announced that on October 21, 2022, Chad Kraft, 41, of Galesburg, was sentenced to 188 months in prison for distributing child pornography.  U.S. District Judge Paul Maloney also imposed a 20-year period of supervised release to follow Kraft’s incarceration.  Judge Maloney stated, “it would be an understatement to describe Kraft’s conduct as grotesque.”

          “We take very seriously the crimes of viewing, receiving, and sharing images of children being sexually abused,” said U.S. Attorney Mark Totten. “My office will continue to aggressively pursue those who contribute to the serial abuse of children through the distribution of child pornography.”   

          Kraft’s conviction followed his 2011 state conviction for fourth-degree criminal sexual conduct and his 2015 federal conviction for failing to register as a sex offender.  Kraft also had a history of using aliases, different dates of birth, and different Social Security numbers to avoid registration and evade detection.  In March 2022, law enforcement received a tip that Kraft, who had not registered as a sex offender since May 2021, was residing in Galesburg and had sexually explicit images of children on his phone.  Law enforcement seized Kraft’s phone and a forensic examination showed that Kraft used a messaging application to request and share child pornography, including videos of children under the age of five being sexually abused.

          “This case highlights the important role our community members play in bringing predators like Kraft to justice,” said HSI Detroit Special Agent in Charge Angie Salazar.  “By seeing something and speaking up, we can all work to end the victimization of innocent children.”

          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. Attorney’s Offices and the 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.justice.gov/psc.

          The case was investigated by the U.S. Department of Homeland Security and the Kalamazoo County Sheriff’s Office.  It was prosecuted by Assistant U.S. Attorney Adam Townshend.

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Upholding the rule of law, keeping the district safe, protecting Civil Rights top priorities

          GRAND RAPIDS, MI – Today, a formal investiture ceremony was held for United States Attorney Mark A. Totten at the Grand Rapids Center for Community Transformation. Chief United States District Judge Hala Y. Jarbou administered the ceremonial oath of office.

          “My focus is on upholding the rule of law, keeping the district safe, and protecting Civil Rights,” Totten said during the ceremony, which was attended by judges, family, and members of the law enforcement, legal, and local communities.

          Totten underscored his commitment to addressing violent crime, disrupting the trafficking of narcotics, and protecting democratic institutions.

          “I am honored to serve as the United States Attorney for the Western District of Michigan and lead a team of outstanding attorneys and support staff dedicated to protecting our state,” he said recognizing the hard work and dedication of his office.

          Totten praised the partnerships his office has with local, state, federal, and tribal agencies. He also noted the importance of working together with the community to continue building trust and strengthening law enforcement and community relations.

          As U.S. Attorney, Mr. Totten is the chief federal law enforcement officer in the Western District of Michigan. He supervises a staff of approximately 42 attorneys and 44 support staff. The District covers 49 counties, including the western half of Michigan’s lower peninsula and the whole of the upper peninsula. The main office is in Grand Rapids, but the District also has staffed offices in Lansing and Marquette, and an unstaffed office in Kalamazoo.

          Totten was born and raised in Kalamazoo, Michigan, where he lives today. Most recently, he served as Chief Legal Counsel in the Executive Office of the Governor for the State of Michigan. Prior to entering government service, Totten was a law professor at Michigan State University from 2008-2018, where he taught criminal law and criminal procedure. From 2011-2013 he served part-time as a Special Assistant U.S. Attorney handling criminal appeals in the office he now leads. He was a judicial law clerk on the U.S. Court of Appeals for the D.C. Circuit and began his career as an attorney in the U.S. Department of Justice, Civil Appellate Staff, in Washington, D.C. Totten received his B.A. from Cedarville College and his law degree and a Ph.D. in ethics from Yale University.

          Totten was nominated by President Joe Biden on November 12, 2021, and the U.S. Senate confirmed him on April 27, 2022. Chief U.S. District Judge Robert J. Jonker previously administered the official oath of office May 5, 2022 at the federal courthouse in Grand Rapids.

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