FEDERAL DISTRICT ARCHIVE
District of Minnesota
Press releases recorded for this federal judicial district.
Two Twin Cities Chiropractors Sentenced to Prison for Orchestrating Insurance Fraud SchemesRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of PRESTON ELLARD FORTHUN, 40, and ADAM JOHN BURKE, 34, for their roles in two separate multi-million dollar insurance fraud conspiracies. FORTHUN was sentenced to 60 months in prison and BURKE was sentenced to 90 months in prison. Both defendants were found guilty last year following separate jury trials before Senior Judge Michael J. Davis in U.S. District Court in Minneapolis, Minnesota.
U.S. Attorney MacDonald said, “Mr. Forthun and Mr. Burke are two medical professionals who chose to cater to their own greed above their patients’ chiropractic care. Today, they are faced with the consequences of their criminal actions.”
“These chiropractors put personal greed above their professional duty,” said Minnesota Commerce Commissioner Jessica Looman. “These sentences send a strong message that health insurance fraud is a serious crime and those who perpetrate it will be investigated and prosecuted. The Commerce Fraud Bureau will continue to aggressively pursue criminals who scam Minnesotans.”
“The defendants took an oath to help - but their scheme defrauded all of us, and today's sentence shows that there are severe penalties for those who seek to defraud the system,” said FBI Special Agent in Charge Jill Sanborn. “I want to thank the entire team who worked tirelessly to unwind this scheme and get us to where we are today.”
As proven at trial, FORTHUN and BURKE, both licensed Doctors of Chiropractic, devised separate schemes to defraud automobile insurance companies by hiring patient recruiters, known as “runners,” to solicit automobile accident victims to attend treatments at their clinics. FORTHUN and BURKE paid the runners for each patient they recruited, and the runners in turn typically paid the patients to induce them to attend treatments at the clinic. Both fraud schemes were structured in a way that would maximize their clinics’ billings to insurance companies. Knowing that the runners were paying patients, FORTHUN and BURKE withheld kickback payments to the runners until after the patients had attended a certain number of treatment sessions. Thus, the kickback payments were intended to ensure that patients came for treatments at the defendants’ clinics because of the payments, as opposed to the necessity and reasonableness of the treatments. As a result of their fraud schemes, FORTHUN and BURKE billed millions of dollars to the automobile insurance companies.
These cases are the result of an investigation conducted by the Minnesota Commerce Fraud Bureau and the Federal Bureau of Investigation. The Minneapolis Police Department, Saint Paul Police Department, Minnesota State Patrol, and Homeland Security Investigations provided additional assistance.
These cases were prosecuted by Assistant U.S. Attorneys John Kokkinen, Amber M. Brennan and David M. Maria.
Defendant Information:
PRESTON ELLARD FORTHUN, 40
Bloomington, Minn.
Convicted:
- Conspiracy to commit mail and wire fraud, 1 count
- Mail fraud, 6 counts
- Wire fraud, 7 counts
Sentenced:
- 60 months in prison
- Two years of supervised release
- $1,553,500 in restitution
ADAM JOHN BURKE, 34
Minneapolis, Minn.
Convicted:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 12 counts
Sentenced:
- 90 months in prison
- Two years of supervised release
- $991,530 in restitution
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Justice Department Awards More Than $70 Million Dollars to Support Local School Safety Efforts NationwideRead the Press Release
United States Attorney Erica H. MacDonald today announced that the Department of Justice has awarded a total of $1,370,418 in grant funding to the Minneapolis Public School District, Hennepin County, and to the City of Duluth to support school safety efforts. The grants are authorized by the STOP School Violence Act, which are intended to improve school security by helping students and teachers reduce exposure to risks, prevent acts of violence, and quickly recognize and respond to violent attacks.
“When we send our children to school, a place intended to be full of opportunity for learning and development, safety is paramount,” said U.S. Attorney MacDonald. “This is the first year funding has been awarded under the STOP School Violence Act of 2018 and I am grateful to see these dollars directly supporting our children’s ability to learn and thrive in a safe environment.”
The Department of Justice’s Office of Justice Programs and the Office of Community Oriented Policing Services (COPS Office) awarded the funds through three funding streams. The grants will provide new technology for reporting systems and other threat deterrent measures; create school safety training and education programs for school administrators, staff, students, and first responders; and support crisis intervention teams.
For additional information on these grants, visit: www.ojp.gov or www.cops.usdoj.gov.
Awards: 1
FY 2018 STOP School Violence Prevention and Mental Health Training Program: funding will provide training and education on preventing violence and effectively responding to related mental health crises.
- Special School District No. 1 (Minneapolis) - $219,740
- Hennepin County – $500,000
FY 2018 STOP School Violence Threat Assessment and Technology Reporting Program: funding supports training to create and operate threat assessment and crisis intervention teams and to develop technology for local or regional anonymous reporting systems. This technology may be in the form of a mobile phone application, hotline, or website.- Special School District No. 1 (Minneapolis) - $181,928
FY 2018 COPS Office School Violence Prevention Program: funding is for school safety measures including coordination with law enforcement, training for law enforcement to prevent student violence against others and self, target hardening measures, and technology for expedited notification of law enforcement during an emergency.- The City of Duluth - $468,750
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
1 No funding awarded under the STOP School Violence Act may be used for the provision of a firearm to any person or training in the use of a firearm.
Twenty-Six Count Indictment Charges Convicted Sex Offender with Computer Hacking, Producing Child PornographyRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal indictment charging BARTON GEORGE SCOTT, 35, with child pornography and computer hacking offenses. SCOTT made his initial appearance on September 25, 2018, before Magistrate Judge David T. Schultz in U.S. District Court in Minneapolis, Minnesota.
As alleged in the indictment, between April 30 and August 8, 2017, SCOTT gained unauthorized access to the Snapchat accounts of 25 victims. In several cases, SCOTT used extortionate tactics in an attempt to obtain sexually explicit images and videos from the victims, many of whom were minors.
Based on the evidence obtained in this case, authorities believe there may be additional victims of this alleged conduct. Anyone with information about this matter is encouraged to call the FBI at (763) 569-8000. Callers may remain anonymous.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case is the result of an investigation conducted by the FBI, the Carver County Sheriff’s Office, the Stillwater Police Department, the Washington County Sheriff’s Office, the St. Croix County Sheriff’s Office, New Richmond Police Department, and the Anne Arundel County Sheriff’s Office.
Assistant U.S. Attorney Katharine T. Buzicky is prosecuting the case.
Defendant Information:
BARTON GEORGE SCOTT, 35
City of residence unknown
Charges:
- Production of child pornography, 1 count
- Penalties for registered sex offenders, 1 count
- Attempted production of child pornography, 6 counts
- Fraud and related activity in connection with computers 18 U.S.C. § 1030(a)(7)(B), 6 counts
- Fraud and related activity in connection with computers 18 U.S.C. § 1030(a)(2)(C), 12 counts
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
Redby Man Sentenced to 30 Years in Prison for the Violent Beating Death of 23-Month-Old SonRead the Press Release
United States Attorney Erica H. MacDonald announced the sentencing of GARY WAYNE JACKSON, JR., 26, to 30 years in prison for second-degree murder in the beating death of his 23-month-old son. JACKSON, who pleaded guilty on June 20, 2018, was sentenced today before U.S. District Judge Ann D. Montgomery in U.S. District Court in Bemidji, Minnesota.
According to his guilty plea and documents filed in court, on January 2, 2018, JACKSON, in a fit of rage, repeatedly punched his 23-month-old son, resulting in the child’s death. Following the assault, JACKSON failed to seek appropriate medical care for his son. The final autopsy report revealed the cause of death as blunt force trauma to the head and torso.
This case is the result of an investigation conducted by the FBI Headwaters Safe Trails Task Force, and the Red Lake Police Department.
This case was prosecuted by Assistant U.S. Attorney Clifford B. Wardlaw.
Defendant Information:
GARY WAYNE JACKSON, JR., 26
Redby, Minn.
Convicted:
- Murder in the Second Degree, 1 count
Sentenced:
- 30 years in prison
- Five years of supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Guilty Pleas Entered in Inver Grove Heights Cell Phone Store RobberyRead the Press Release
United States Attorney Erica H. MacDonald today announced the guilty plea of JAMAAL MARQUIE MAYS, 33, for the armed robbery of an Inver Grove Heights business. MAYS and his co-defendant, JAQUON KESHAWN MOMAN, 26, were charged in a superseding indictment on February 7, 2018. MAYS entered his guilty plea today before Chief Judge John R. Tunheim in U.S. District Court in Minneapolis, Minnesota. MOMAN pleaded guilty on August 1, 2018.
According to the defendant’s guilty plea and documents filed in court, on August 17, 2017, MAYS and MOMAN entered a Verizon Wireless store in Inver Grove Heights, Minnesota, armed with a .45 caliber semi-automatic pistol. After waiting for customers to leave the store, MAYS and MOMAN held the store employee at gunpoint while demanding money and cell phones. The employee pretended to comply, but then shot MAYS in self-defense with a firearm the employee was licensed to carry. MAYS’ firearm was also discharged. During the exchange of gunfire, a stray bullet grazed a worker in an adjacent restaurant. MAYS was wounded and remained at the scene, while MOMAN fled on foot.
The Hobbs Act, passed by Congress in 1946, allows federal prosecutors to prosecute individuals who commit armed robberies of businesses engaged in interstate commerce.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Inver Grove Heights Police Department. This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to combat violent crime.
Assistant U.S. Attorney David P. Steinkamp is prosecuting the case.
Defendant Information:
JAMAAL MARQUIE MAYS, 33
Unknown
Convicted:
- Hobbs Act robbery, 1 count
- Discharging a firearm during and in relation to a crime of violence, 1 count
JAQUON KESHAWN MOMAN, 26
Unknown
Convicted:
- Hobbs Act robbery, 1 count
- Discharging a firearm during and in relation to a crime of violence, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Federal Indictment Charges Minneapolis Man in Lakeville Gun Store BurglaryRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal indictment charging PRESLEY AARON PELTIER, 22, with stealing four firearms from a federally licensed firearms dealer. PELTIER, who was arrested on August 17, 2018, made his initial appearance earlier today before Magistrate Judge Becky R. Thorson in U.S. District Court in Saint Paul, Minnesota.
According to the indictment and law enforcement reports, on August 3, 2018, PELTIER and another individual, drove a stolen SUV into the rear entrance of a federally licensed firearms dealer’s storefront in Lakeville, Minnesota, causing significant damage. PELTIER and the other individual stole four firearms from the store, including a Beretta, model 9000S, .40-caliber semiautomatic pistol, a Ruger, model SR45, .45ACP-caliber semiautomatic pistol, a Smith & Wesson, model 5906, nine-millimeter-caliber semiautomatic pistol, and a Ruger, model SR45, .45ACP-caliber semiautomatic pistol, and fled the scene in the stolen SUV. PELTIER and the other individual then abandoned the stolen SUV in a south Minneapolis school parking lot.
This case was the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lakeville Police Department, and the Minneapolis Police Department. This case is part of Project Safe Neighborhoods, an initiative that brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.
Assistant U.S. Attorney Benjamin Bejar is prosecuting the case.
Defendant Information:
PRESLEY AARON PELTIER, 22
Minneapolis, Minn.
Charges:
- Theft of firearms from a federally licensed dealer, 1 count
- Possession of stolen firearms, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty.
District of Minnesota Tribes to Receive $8.6 Million in Public Safety GrantsRead the Press Release
United States Attorney Erica H. MacDonald joined the Department of Justice today in announcing more than $113 million in grant awards to improve public safety, serve victims of crime, combat violence against women, and support youth programs in American Indian and Alaska Native communities. Six tribes within the District of Minnesota have received grants totaling more than $8.6 million.
The Leech Lake Band of Ojibwe will receive a total of $1,921,228, the Lower Sioux Indian Community will receive a total of $3,261,780, the Mille Lacs Band of Ojibwe will receive a total of $1,187,669, the Red Lake Band of Chippewa Indians will receive a total of $1,310,299, the Prairie Island Indian Community will receive a total of $598,976, and the White Earth Reservation Tribal Council will receive a total of $337,426.
U.S. Attorney MacDonald said, “Violent crime disproportionately affects many of our Native American communities. These grants will directly support efforts to address some of the toughest challenges – such as domestic violence and opioid and substance abuse.”
Nationwide, grants were awarded to 133 American Indian tribes, Alaska Native villages, and other tribal designees through the Coordinated Tribal Assistance Solicitation, a streamlined application for tribal-specific grant programs. Of the $113 million, just over $53 million comes from the Office of Justice Programs, more than $35 million from the Office on Violence Against Women, and more than $24.7 million from the Office of Community Oriented Policing Services.
In addition, the Department is in the process of allocating up to $133 million in a first-ever set aside program to serve victims of crime in American Indian and Alaska Native communities. The awards are intended to help tribes develop, expand and improve services to victims of crime by providing funding, programming and technical assistance. Recipients will be announced in the near future.
Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities. A listing of today’s announced CTAS awards is available at: www.justice.gov/tribal/page/file/1095161/download.
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Federal Grand Jury Indicts Indiana Man for String of Twin Cities Drugstore RobberiesRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal indictment charging MICHAEL IMAN WHITE, 19, with robbery and attempted robbery of multiple Walgreens pharmacies.[1] WHITE, who was arrested on a federal criminal complaint on August 22, 2018, will be arraigned tomorrow afternoon before a Magistrate Judge in U.S. District Court.
According to the indictment, between April 3, 2018 and July 17, 2018, WHITE used force, violence, and fear of injury to commit two robberies and two attempted robberies of Walgreens pharmacies located in St. Paul and Edina, Minnesota. In total, WHITE stole approximately $69,000 worth of narcotics and other controlled substances.
The Hobbs Act, passed by Congress in 1946, allows federal prosecutors to prosecute individuals who commit armed robberies of businesses engaged in interstate commerce. If convicted, WHITE faces a potential maximum penalty of 20 years in prison on each count.
This case was the result of an investigation conducted by the FBI, the Edina Police Department, the Saint Paul Police Department, and the Bloomington Police Department. This case is part of Project Safe Neighborhoods, an initiative that brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.
Assistant U.S. Attorney Jeffrey S. Paulsen is prosecuting the case.
Defendant Information:
MICHAEL IMAN WHITE, 19
Muncie, Ind.
Charges:
- Attempted interference with commerce by robbery, 2 counts
- Interference with commerce by robbery, 2 counts
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
North Dakota Man Convicted of Threatening to Murder A Federal JudgeRead the Press Release
United States Attorney Erica H. MacDonald today announced the conviction of ROBERT PHILIP IVERS, 65, for threatening to murder a federal judge and interstate transmission of a threat to injure. IVERS was found guilty today following a jury trial before Judge Robert W. Pratt, in United States District Court in Saint Paul, Minnesota.
“This defendant has a long history of using words to frighten and intimidate. Because of the excellent work of the United States Marshal’s Service, he is now being held accountable for making threats against a sitting United States District Court Judge in retaliation for the performance of her duties,” said Assistant U.S. Attorney Julie Allyn. “We are grateful to the jury for their careful attention to the evidence and their serious deliberation, resulting in a just verdict.”
As proven at trial, in January 2017, a United States District Court Judge (the “Victim Judge”) held a bench trial on a lawsuit brought by IVERS. The Victim Judge ruled against IVERS. He responded by sending a series of threatening letters and calling a court employee to say he was crazy angry at the Victim Judge and described himself as a “walking bomb.” IVERS was told repeatedly by Deputy U.S. Marshals to stop his threatening language.
On November 9, 2017, IVERS filed another civil lawsuit alleging the same facts as those in the case he lost before the Victim Judge. As part of the new civil case, IVERS was referred to two volunteer lawyers for a telephone consultation. After the lawyers discussed his case and told IVERS they did not believe he had a valid legal claim, IVERS began talking about his previous case with the Victim Judge. One of the lawyers described IVERS as becoming “intensely angry” and making threatening statements including:
• “This [expletive] judge stole my life from me.”
• “I had overwhelming evidence.”
• The Judge “stacked the deck” to make sure I lost this case.
• “She is lucky” I was “going to throw some chairs.”
• “You don’t know the fifty different ways I planned to kill her.”
After the lawyer reported the threats IVERS made during the phone conversation, two Deputy U.S. Marshals went to a residence in West Fargo, North Dakota to speak with IVERS about the threats. When confronted, IVERS became extremely agitated, and screamed at the Deputies, among other things, that he was glad the Victim Judge was scared, because “that [expletive] judge stole my life.”
This case is the result of an investigation conducted by the United States Marshals Service.
Assistant U.S. Attorneys Julie E. Allyn and Timothy C. Rank tried the case.
Defendant Information:
ROBERT PHILIP IVERS, 65
West Fargo, N.D.
Convicted:
- Threatening to murder a federal judge, 1 count
- Interstate transmission of a threat to injure the person of another, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Two Bemidji Residents Found Guilty in Home Invasion CaseRead the Press Release
United States Attorney Erica H. MacDonald today announced the conviction of SHANISE FRANCES OSTLUND, 29, and KEVIN ROBERTSON, 32, for committing a home invasion on the Red Lake Indian Reservation. OSTLUND and ROBERTSON were found guilty today following a jury trial before Judge Susan Richard Nelson in United States District Court in Duluth, Minnesota. Two additional defendants, DEREK PADDY and CHERAI CLARK, each pleaded guilty to one count of burglary in the second degree.
United States Attorney MacDonald said, “Robberies, home invasions and other crimes involving domestic violence are all too common on the Red Lake Reservation. These crimes threaten the safety and stability of communities, and they will not be tolerated. I am grateful to the jury for their swift verdict and to our federal and tribal law enforcement partners for their investigative work on this case.”
As proven at trial, in the early morning hours of November 24, 2017, following a brawl at a local Walmart store, OSTLUND, ROBERTSON, PADDY and CLARK drove together to the victim’s residence with intentions to confront the victim and steal their property. When the defendants arrived, PADDY and CLARK kicked in the front door and entered the residence along with OSTLUND and ROBERTSON. The defendants expected to find the victim inside the residence; however, the victim escaped by jumping out of a window. The defendants stole various items from the residence before leaving the property.
This case is the result of an investigation conducted by the FBI, the Red Lake Police Department, and the Bemidji Police Department.
Assistant U.S. Attorney Clifford B. Wardlaw tried the case.
Defendant Information:
SHANISE FRANCES OSTLUND, 29
Bemidji, Minn.
Convicted:
- Burglary in the second degree, 1 count
- Robbery, 1 count
KEVIN ROBERTSON, 32
Bemidji, Minn.
Convicted:
- Burglary in the second degree, 1 count
- Robbery, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Latvian National Sentenced to Prison for “Scareware” Hacking Scheme That Targeted Minneapolis Star Tribune WebsiteRead the Press Release
A Latvian man was sentenced today in Minneapolis for participating in a lucrative “scareware” hacking scheme that targeted visitors to the Minneapolis Star Tribune’s website. Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Erica H. MacDonald of the District of Minnesota and Special Agent in Charge Jill Sanborn of the FBI’s Minneapolis Field Office made the announcement.
PETERIS SAHUROVS aka “Piotrek” and “Sagade,” 29, was sentenced to 33 months in prison for conspiracy to commit wire fraud. District Judge Ann D. Montgomery of the District of Minnesota imposed the sentence. SAHUROVS will be removed from the United States to Latvia following his prison sentence. SAHUROVS was arrested in Latvia on a District of Minnesota indictment in June 2011, but was released by a Latvian court and later fled. In November 2016, SAHUROVS was located in Poland, apprehended by Polish law enforcement, and extradited to the United States in June 2017. SAHUROVS was once the FBI’s fifth most wanted cybercriminal and a reward of up to $50,000 had been offered for information leading to his arrest and conviction. He pleaded guilty before Judge Montgomery on February 7, 2018.
According to admissions made in connection with his plea, from at least May 2009 to June 2011, SAHUROVS operated a “bullet-proof” web hosting service in Latvia, through which he leased server space to customers seeking to carry out criminal schemes without being identified or taken offline. The defendant admitted that he knew his customers were using his servers to perpetrate criminal schemes, including the transmission of malware, fake anti-virus software, spam, and botnets to unwitting victims, and he received notices from Internet governance entities (such as Spamhaus) that his servers were hosting malicious activity. Nonetheless, SAHUROVS took steps to protect the criminal schemes from being discovered or disrupted, and hosted them on his servers for financial gain.
SAHUROVS admitted that from in or about February 2010 to in or about September 2010, he registered domain names, provided bullet-proof hosting services, and gave technical support to a “scareware” scheme targeting visitors to the Minneapolis Star Tribune’s website. On February 19, 2010, the Minneapolis Star Tribune began hosting an online advertisement, purporting to be for Best Western hotels, on its website, startribune.com. Two days later, however, the advertisement began causing the computers of visitors to the website to be infected with malware. This malware, also known as “scareware,” caused visitors to experience slow system performance, unwanted pop-ups and total system failure. Website visitors also received a fake “Windows Security Alert” pop-up informing them that their computer had been infected with a virus and another pop-up that falsely represented that they needed to purchase the “Antivirus Soft” computer program to fix their security issues, at a price of $49.95.
Website visitors who clicked the “Antivirus Soft” window were presented with an online order form to purchase a purported security program called “Antivirus Soft.” Users who purchased “Antivirus Soft” received a file download that “unfroze” their computers and stopped the pop-ups and security notifications. However, the defendant admitted, the file was not a real anti-virus product, did not perform legitimate computer security functions, and merely caused the malware that members of the conspiracy had previously installed to cease operating. Meanwhile, the defendant admitted, victim users who did not choose to purchase “Antivirus Soft” became immediately inundated with so many pop-ups containing fraudulent “security alerts” that all information, data, and files on their computers were rendered inaccessible. Members of the conspiracy defrauded victims out of substantial amounts of money as a result of the scheme. The defendant admitted that as a result of his participation, he made between $150,000 and $250,000 U.S. dollars.
This case was investigated by the FBI’s Minneapolis Field Office. The Criminal Division’s Office of International Affairs secured the extradition from Poland and the Polish National Police, the National Prosecutor’s Office, and the Ministry of Justice provided substantial assistance in this matter.
Assistant U.S. Attorney Timothy C. Rank of the District of Minnesota and Trial Attorney Aaron R. Cooper of the Criminal Division’s Computer Crime and Intellectual Property Section prosecuted the case.
Defendant Information:
PETERIS SAHUROVS, 29
Rezekne, Latvia
Convicted:
- Conspiracy to commit wire fraud, 1 count
Sentenced:
- 33 months in prison
- Removal from the United States to Latvia following the defendant’s prison sentence
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Rochester Woman Sentenced to Two Years in Prison for Tax Fraud and Aggravated Identity TheftRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of ROSA MARGARITA MALDONADO to two years and one day in prison for filing a false claim for tax refund and aggravated identity theft. MALDONADO pleaded guilty on April 19, 2018, and was sentenced today before Judge Patrick J. Schiltz in U.S. District Court in Minneapolis, Minnesota.
According to the documents filed in the case, MALDONADO filed false U.S. Individual Income Tax Returns for tax years 2011 and 2012 in her name that reported false dependents, claimed fraudulent Earned Income Tax Credits and Additional Child Tax Credits, and claimed tax refunds to which she was not entitled.
According to the documents filed in the case, MALDONADO stole a $7,712 tax refund from the U.S. Treasury for tax year 2012 and unlawfully used the names, Social Security numbers, and birth dates of two minor children in the course of that theft of public money.
This case is part of an investigation conducted by the Internal Revenue Service-Criminal Investigation, the United States Postal Inspection Service, Homeland Security Investigations, the Federal Bureau of Investigation, the United States Secret Service, and the Department of Treasury, Office of Inspector General.
This case was prosecuted by Assistant United States Attorney Allen A. Slaughter and U.S. Department of Justice Trial Attorney Christopher S. Strauss.
Defendant Information:
ROSA MARGARITA MALDONADO
Rochester, Minn.
Convicted:
- False, fictitious or fraudulent claims, 1 count
- Aggravated identity theft, 1 count
Sentenced:
- Two years and one day in prison
- One year of supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Chicago Man Charged with Lying to Federal Authorities After Alleged Fake Abduction ReportRead the Press Release
United States Attorney Erica H. MacDonald today announced a criminal complaint charging ALEJANDRO MARIO CORTES, 45, with one count of making false statements to federal authorities after allegedly claiming he was abducted from his home in Chicago, Illinois earlier this spring. CORTES was arrested yesterday and made his initial appearance today before Magistrate Judge Jon T. Huseby in U.S. District Court in Saint Paul, Minnesota.
According to a criminal complaint, in the early morning hours of April 17, 2018, law enforcement officers responded to a report by a snowplow driver that he discovered a man near Randolph Avenue in St. Paul, Minnesota whose hands were bound and had duct tape over his mouth. Law enforcement officers located the individual, who later identified himself as CORTES.
CORTES told responding officers that he had been kidnapped from Chicago several days earlier by several unknown men. During the alleged abduction, CORTES claimed that a bag was put over his head, and he was held for several days and threatened with death. He further claimed that he was finally thrown out of a vehicle and into a snowbank after being told he would be killed if he contacted the police.
In a later meeting with FBI agents, CORTES further described his abduction, the circumstances surrounding his confinement, and details of the threats made against him and his family. CORTES claimed to have received threatening text messages, some in Spanish and some in English. These text messages made reference to CORTES’ relatives and included photos of his residence in Chicago.
During follow up interviews with CORTES, he admitted to FBI investigators that he often used false identities to avoid detection after a prior DUI arrest and was living illegally in the United States.
According to the complaint, law enforcement traced the alleged threatening text messages to Pinger, an online texting application, and determined the IP address used to create the text messages belonged to an associate of CORTES. After an interview with investigators, the associate indicated that CORTES faked his own kidnapping in ordered to be considered a crime victim so he could obtain a visa to stay in the United States and gain citizenship.
According to the complaint, CORTES asked the associate to facilitate the kidnapping, even asking the associate to allow him to stay in a storage facility with food, water, a sleeping bag and heater during his alleged abduction. To complete the abduction and kidnapping ruse, CORTES instructed the associate to place duct tape on his mouth and his wrists before dropping him off in St. Paul.
This case is the result of an investigation conducted by the FBI and the Saint Paul Police Department.
Assistant U.S. Attorney Angela Munoz-Kaphing is prosecuting the case.
Defendant Information:
ALEJANDRO MARIO CORTES, 45
Chicago, Ill.
Charged:
- False Statement or Representation Made to an Agency of the United States, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the criminal complaint are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
Federal Jury Convicts Founder of Wind Energy Company in Multi-Million Dollar Fraud SchemeRead the Press Release
United States Attorney Erica H. MacDonald today announced the conviction of SHAWN ROBERT DOOLING, 52, for orchestrating a multi-million dollar wind energy fraud scheme. Following a six-day trial before U.S. District Judge Paul A. Magnuson, the jury found DOOLING guilty on all counts.
Assistant U.S. Attorney Surya Saxena said, “Mr. Dooling wanted to live a life of luxury without earning the money to pay for it, so he lied to and stole from people who trusted him, most of whom were hardworking farmers. Mr. Dooling will now be held accountable for his actions.”
“We are grateful for the work of the jury who deliberated this case and saw what we saw, and that was a scheme crafted by Mr. Dooling to defraud innocent and well intentioned investors of their hard earned money with the empty promise of energy efficiency that would never come to be,” said Jill Sanborn, Special Agent in Charge of the Minneapolis Division of the FBI.
As proven at trial, in 2009, DOOLING founded Renewable Energy SD, LLC (“RESD”), a wind energy company headquartered in Excelsior, Minnesota. DOOLING, as the owner and president of RESD, marketed and sold wind turbines, as well as wind turbine installation and maintenance services, as a way for customers to save money by reducing or eliminating their energy expenses. RESD’s customers were predominantly farmers who owned and operated farms in Minnesota, Wisconsin, and Iowa. From approximately 2010 through 2013, DOOLING devised and executed a scheme to defraud his customers by falsely representing that for an agreed-upon contract price, RESD would build and maintain wind energy turbines on customers’ land. However, in reality, DOOLING spent his customers’ money on personal expenses and diverted their money to pay for other customers’ projects.
As part of the scheme, DOOLING told customers that he would send a portion of their money to a third-party manufacturer as a down payment to reserve a specific wind turbine. Then, when the wind turbine was completed and ready to be shipped, he would send the remaining portion of the money to the manufacturer to complete the purchase. DOOLING furthered his scheme by lying to customers about the status of their orders and told customers that RESD’s failure to deliver the wind turbines was due to manufacturer delays. As a result of his scheme, more than 70 customers paid a combined total of more than $13 million to DOOLING and his company and never received the promised wind turbines or a refund of their money. DOOLING withdrew approximately $2 million from RESD’s bank accounts over the course of the scheme for his personal use, including luxury automobile purchases, travel, and college tuition payments for his son.
This case is the result of an investigation conducted by the FBI.
Assistant U.S. Attorneys Surya Saxena and Amber M. Brennan tried the case.
Defendant Information:
SHAWN ROBERT DOOLING, 52
Excelsior, Minn.
Convicted:
- Mail fraud, 3 counts
- Wire fraud, 1 count
- Engaging in a monetary transaction in criminally derived property, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Native Mob Gang Member Charged with Attempted Murder in Aid of Racketeering, Witness RetaliationRead the Press Release
United States Attorney Erica H. MacDonald today announced a six-count federal indictment against DAKOTA JAMES LAFAVE, aka “Biggs,” 29, for attempting to murder an individual in retaliation for their testimony given at an official court proceeding. LAFAVE, who was arraigned today in U.S. District Court in Saint Paul, Minnesota, will remain in detention pending further proceedings.
According to the allegations in the indictment, LAFAVE is a member of the Native Mob gang, a criminal enterprise whose members and associates engage in acts of violence, including murder, attempted murder, assault, robbery, and threats of violence in order to preserve and protect power, territory, reputation, and profits of the enterprise. Members and associates of the Native Mob meet regularly to discuss, among other things, acts of violence and crimes committed against rival gang members, gang rules and by-laws, law enforcement interactions, and to share with one another the identities of individuals who might be cooperating with law enforcement and propose actions to be taken against those individuals.
According to the allegations in the indictment, on or about October 27, 2017, LAFAVE, using a firearm, attempted to murder an individual with the intent to retaliate against that person for their testimony given at an official court proceeding. LAFAVE, who was previously convicted of three violent felonies and is prohibited from possessing a firearm or ammunition at any time, is subject to the federal Armed Career Criminal Act, which carries a mandatory minimum of 15 years in prison if convicted.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Minneapolis Police Department, the Drug Enforcement Administration, the Minnesota Bureau of Criminal Apprehension, and the Minnesota Department of Corrections. This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to specifically target and combat gun and gang crimes.
This case is being prosecuted by Assistant U.S. Attorney Andrew R. Winter.
Defendant Information:
DAKOTA JAMES LAFAVE, aka “Biggs,” 29
Fond du Lac, Minn.
Charges:
- Attempted murder in aid of racketeering, 1 count
- Assault with a dangerous weapon in aid of racketeering, 1 count
- Witness retaliation, 2 counts
- Using, carrying and discharging a firearm during and in relation to crimes of violence, 1 count
- Felon in possession of ammunition – armed career criminal, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Twin Cities Bank Robber Pleads Guilty in Federal CourtRead the Press Release
United States Attorney Erica H. MacDonald today announced the guilty plea of JAYVON DOMINIQUE GANT, 28, to one count of bank robbery. GANT, who was charged by criminal complaint on June 7, 2018, entered his guilty plea before Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota.
According to his guilty plea and documents filed in court, on June 7, 2018, GANT entered Premier Bank in Bloomington, Minnesota, and passed a note to the teller that contained a demand for money, followed by a verbal demand of the teller to, “give me all the money and no trackers.” In response to his demand, the teller handed GANT $3,710 and, after receiving the money, GANT fled the bank on foot. Following the robbery, law enforcement officers located GANT at his home in Bloomington. Upon law enforcement’s entry to the residence, GANT jumped from his third floor balcony to the second floor below and then broke the sliding glass door and entered the second floor apartment in an attempt to escape. When confronted by law enforcement on the second floor, GANT jumped from the second floor balcony to the ground level where he was apprehended.
According to his guilty plea and documents filed in court, GANT committed five additional robberies of other banks located throughout the Twin Cities area. In all instances, GANT used similar tactics by passing a note to the teller that contained a demand for money. For example, one such note stated, “Give me all the money out the top and bottom drawer act calm and normal NO Gps or Dypack Im going to go through the money at this counter so don’t play games with me give me the money act normal no one will get hurt.”
This case is the result of an investigation conducted by the FBI Safe Streets Task Force, the Bloomington, Blaine, Fridley, Edina, Cottage Grove and Oakdale Police Departments. This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to combat violent crime.
This case is being prosecuted by Assistant U.S. Attorney Charles J. Kovats.
Defendant Information:
JAYVON DOMINIQUE GANT, 28
Bloomington, Minn.
Convicted:
- Bank robbery, 1 count
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Minnesota Attorney Pleads Guilty to Federal Charges in Connection with Multi-Million Dollar Pornography Film Copyright Fraud SchemeRead the Press Release
United States Attorney Erica MacDonald today announced the guilty plea of PAUL R. HANSMEIER, 37, for orchestrating a multi-million dollar fraud scheme to obtain payments from extortion victims to settle sham copyright infringement lawsuits by lying to state and federal courts throughout the country. HANSMEIER pleaded guilty to conspiracy to commit mail fraud and wire fraud and conspiracy to commit money laundering before Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota. On March 6, 2017, HANSMEIER’S co-defendant JOHN L. STEELE pleaded guilty for his role in the scheme.
“This scheme, orchestrated by licensed attorneys, caused widespread damage throughout the United States and wasted judicial resources by causing litigation that should never have happened,” said U.S. Attorney MacDonald. “The defendants’ actions brought embarrassment to the legal profession and amounted to a shameful abuse of their law licenses, only to satisfy their greed. This office is and will always be dedicated to bringing such disgraceful conduct to the bar of justice.”
“Paul Hansmeier’s guilty plea today closes a sad chapter in the career of an attorney who abused his license to practice law and disgraced the bar,” said Special Agent in Charge of the Minneapolis Division Jill Sanborn. “Hansmeier’s role in a brazen multi-million dollar fraud scheme exploited victims by misusing his position of trust as an officer of the court. The FBI will continue to work closely with our law enforcement partners to detect crimes such as this and bring the perpetrators to justice.”
“The role of IRS Criminal Investigation becomes even more important in financial cases, including extortion and money laundering schemes, because of the complex financial transactions that take time to unravel,” said Gabriel Grchan, Acting Special Agent in Charge, St. Paul Field Office. “IRS Special Agents are skilled at investigating all types of financial crimes and today's guilty plea of Paul Hansmeier is a reminder that IRS Criminal Investigation is committed to following the money trail.”
According to his guilty plea and documents filed in court, between 2010 and 2014, HANSMEIER and STEELE, both practicing lawyers, executed a scheme to obtain millions of dollars by threatening copyright lawsuits against individuals who supposedly downloaded pornographic movies from file-sharing websites. HANSMEIER admitted in court today that he and STEELE created a series of sham entities, which and STEELE controlled, to obtain copyrights to pornographic movies – some of which they filmed themselves – and then uploaded those movies to file-sharing websites like “The Pirate Bay” in order to lure people to download the movies. The defendants then filed bogus copyright infringement lawsuits that concealed both their role in distributing the movies, and their personal stake in the outcome of the litigation. After filing the lawsuits, HANSMEIER and STEELE gained authority from the courts to subpoena internet service providers (“ISPs”) for identification information of the subscriber who controlled the IP address used to download the movie. With that information, the defendants used extortionate tactics such as letters and phone calls to threaten victims with enormous financial penalties and public embarrassment unless they agreed to pay a $3,000 settlement fee.
In November 2011, in order to distance themselves from the specious lawsuits and any potential fallout, HANSMEIER and STEELE admitted that they created and used Prenda Law, among other law firms, to pursue their fraudulent claims and proceeds of the scheme. HANSMEIER acknowledged in court today that he and STEELE exerted de facto control over Prenda Law throughout the scheme.
In October 2012, the defendants changed their tactics and began filing lawsuits falsely alleging that computer systems belonging to their sham clients had been hacked. To facilitate their phony “hacking” lawsuits, HANSMEIER and STEELE recruited individuals who had been caught downloading pornography from a file-sharing website, to act as ruse “defendants” who were sued in exchange for HANSMEIER and STEELE waiving their settlement fees while pursuing claims against their supposed “co-conspirators.” In court today, HANSMEIER admitted that the allegations of “hacking” in these complaints were made up.
In total, HANSMEIER and STEELE obtained approximately $6 million from the fraudulent copyright lawsuits.
This case is the result of an investigation conducted by the FBI and the Criminal Investigation Division of the IRS. Assistant U.S. Attorneys Benjamin Langner and David Maclaughlin of the District of Minnesota and Senior Trial Counsel Brian Levine of the Criminal Division’s Computer Crime and Intellectual Property Section and are prosecuting the case.
Defendant Information:
PAUL R. HANSMEIER, 37
Woodbury, Minn.
Convicted:
- Conspiracy to commit mail fraud and wire fraud, 1 count
- Conspiracy to commit money laundering, 1 count
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Willmar Man Pleads Guilty to Federal Charges Related to Illegal Cache of Machine Guns, Pipe Bombs, SilencersRead the Press Release
United States Attorney Erica H. MacDonald announced the guilty plea of CHAD LEE MONSON, 46, for illegally possessing machine guns, pipe bombs, and silencers. MONSON, who was indicted on June 5, 2018, entered his guilty plea today before Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota. A sentencing hearing is yet to be scheduled.
U.S. Attorney MacDonald thanked the ATF and CEE-VI Gang and Drug Task Force investigators for their skilled work in the case and for making the Willmar community a safer place.
According to the defendant’s guilty plea and documents filed in court, on January 30, 2018, law enforcement officers executed a search warrant at MONSON’S residence in Willmar, Minnesota. Inside the residence, officers found personal use amounts of illegal narcotic drugs, as well as sixteen firearms, and a large quantity of ammunition. On February 21, 2018, law enforcement officers executed two additional search warrants at a commercial utility building near MONSON’S residence. There, officers found ten machine guns, two of them with obliterated serial numbers, three pipe bombs, and three unregistered silencers. MONSON admitted to owning the weapons and acknowledged that he knew that the machine guns had been illegally converted to be capable of firing in “fully automatic” mode. As part of his guilty plea, MONSON must forfeit to the United States 12 firearms, three pipe bombs, and three silencers.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the CEE-VI Gang and Drug Task Force, with assistance from the Kandiyohi County Attorney’s Office.
Assistant United States Attorney John Docherty is prosecuting the case.
Defendant Information:
CHAD LEE MONSON, 46
Willmar, Minn.
Convicted:
- Possession of a machine gun, 1 count
- Possession of an unregistered destructive device (pipe bomb), 1 count
- Possession of an unregistered silencer, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Victims of Tom Petters Ponzi Scheme Receive Initial Distribution of More Than $16 Million in Forfeited FundsRead the Press Release
The Department of Justice announced today that an initial distribution of $16,440,674.35 has been issued to victim investors of the THOMAS PETTERS fraud scheme. These funds, forfeited to the United States through criminal and civil forfeiture proceedings prosecuted in the District of Minnesota, will be sent to approximately 364 victims worldwide.
On December 1, 2008, THOMAS JOSEPH PETTERS, of Wayzata, Minnesota, was indicted on multiple counts of mail fraud, wire fraud, money laundering, and conspiracy for orchestrating a $2.1 billion Ponzi scheme. On December 2, 2009, a federal jury found PETTERS guilty of all 20 counts against him and was later sentenced by U.S. District Judge Richard H. Kyle to 50 years in federal prison. Other defendants were convicted in related criminal proceedings. As part of their sentencing judgments, PETTERS and other defendants were ordered to forfeit assets obtained through their criminal activity, including real estate, bank and investment accounts, vehicles and other assets. Under federal law, the Department of Justice has the authority to distribute the proceeds of forfeited assets through the remission process to victim investors who lost money in connection with the scheme. The proceeds of all forfeited assets are being distributed to victim investors.
Additional forfeited funds will be distributed to victim investors through the remission process when pending forfeiture proceedings are completed. The total distribution amount is yet to be determined.
The forfeiture proceedings were part of a coordinated effort to compensate victim investors. In October 2008, the United States obtained an injunction against the fraud in a separate civil case, and the Court appointed a receiver to assist in the recovery of assets. Thereafter, multiple bankruptcy proceedings were filed in Minnesota and other states. In September 2010, the U.S. District Court and the U.S. Bankruptcy Court approved a Coordination Agreement governing the asset recovery efforts of the United States, the bankruptcy trustees, and the Court appointed receiver. In addition to the funds distributed via remission payments, additional payments are being made to victim investors and creditors through these ongoing bankruptcy and receivership proceedings in various states including Minnesota, Illinois and Florida.
For more information about the PETTERS criminal case, victim compensation, and the asset forfeiture remission process, please visit https://www.justice.gov/usao-mn/tom-petters-case
The Petters’ remission payments would not have been possible without the efforts of the U.S. Department of Justice Criminal Division’s Money Laundering and Asset Recovery Section, the U.S. Attorney’s Office for the District of Minnesota, the FBI, IRS Criminal Investigation, and the U.S. Postal Inspection Service in the prosecution of these crimes and the recovery of assets supporting the forfeiture in this case.
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Saint Paul Man Charged with Illegal Export of Box Turtles to Hong KongRead the Press Release
United States Attorney Erica H. MacDonald announced a federal indictment charging RENE PATRICK VARGAS, 32, with illegally exporting box turtles to Hong Kong. VARGAS will make his initial appearance at a later date.
North American box turtle (genus terrapene) populations, native to the United States and Mexico, are in decline due to loss of habitat and illegal trade, including export to Hong Kong and China for use in food, traditional medicine, and to be kept as pets. Although box turtles are not currently threatened with extinction, they are protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”) treaty, implemented as part of the Endangered Species Act, to prevent their further decline. It is illegal to export wildlife without prior approval and inspection by the U.S. Fish and Wildlife Service, as well as valid export licenses and permits.
As alleged in the indictment, from approximately June 1, 2017 through June 14, 2017, VARGAS completed forms for international shipment of three packages containing a total of 38 box turtles. The packages were falsely labeled as “toys” or “components” and were intended to be transported in interstate and foreign commerce in violation of the Lacey Act.
This case is the result of an investigation conducted by the United States Fish and Wildlife Service.
This case is being prosecuted by Assistant U.S. Attorney Miranda E. Dugi.
Defendant Information:
RENE PATRICK VARGAS, 32
Saint Paul, Minn.
Charges:
- Lacey Act false labeling, 3 counts
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
Minneapolis Opioid Dealer Sentenced to 80 Months in PrisonRead the Press Release
United States Attorney Erica H. MacDonald announced the sentencing of JOHN HENRY EDMONDS, 35, to 80 months in prison for distribution of heroin, carfentanil, methamphetamine, and furanyl fentanyl. EDMONDS, who pleaded guilty on March 20, 2018, was sentenced today before Senior U.S. District Judge Donovan W. Frank in U.S. District Court in St. Paul, Minn.
United States Attorney Erica MacDonald said, “This is the first case in the District of Minnesota involving carfentanil and one of the first involving furanyl fentanyl. Sadly, highly potent and extremely lethal opioid analogues such as these are becoming more common on the illegal drug market and the devastating societal impact of these substances, even in very small quantities, cannot be overstated. I commend the work of the DEA for taking a firm stance against those who threaten our communities with deadly drugs.”
“The trafficking of fentanyl analogues represents a significant threat to public safety,” said Assistant Special Agent in Charge Kenneth Solek. “Investigations like this are vitally important to our neighborhoods and communities, and DEA is proud of the close ties we have with our state and local counterparts, who work tirelessly along with DEA to strive for a drug free community.”
According to his guilty plea and documents filed in court, on multiple dates between July 6 and August 22, 2017, EDMONDS distributed a total of 5.9 grams of mixtures and substances containing heroin, carfentanil, methamphetamine, and furanyl fentanyl to an individual, who unbeknownst to EDMONDS, was cooperating with law enforcement. EDMONDS was taken into federal custody on September 25, 2017.
This case is the result of an investigation conducted by the Drug Enforcement Administration, the Minneapolis Police Department, and the Bloomington Police Department.
This case was prosecuted by Assistant U.S. Attorney Surya Saxena.
Defendant Information:
JOHN HENRY EDMONDS, 35
Minneapolis, Minn.
Convicted:
- Distribution of heroin, carfentanil, methamphetamine, and furanyl fentanyl, 5 counts
Sentenced:
- 80 months in prison
- Five years of supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Thief River Falls Chiropractor Indicted on Multiple Counts of Wire Fraud and Identity TheftRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal indictment charging STEVEN RICHARD WISETH, 35, a Thief River Falls chiropractor, with six counts of wire fraud and two counts of aggravated identity theft. WISETH made his initial appearance earlier today before Magistrate Judge Hildy Bowbeer in U.S. District Court in Saint Paul, Minnesota.
As alleged in the indictment, from approximately March 2013 through April 2015, WISETH, a Doctor of Chiropractic and owner of Health Quest Family Chiropractic (“Health Quest”) in Thief River Falls, Minnesota, orchestrated a scheme to defraud health insurers by submitting and causing the submission of false and fraudulent claims for chiropractic services.
As alleged in the indictment, WISETH’S scheme was dependent on maximizing patient volume at Health Quest, and he held promotional events where he gave away free food and drink, prizes, and gift certificates to induce current and prospective patients to visit Health Quest. After the promotional events, WISETH billed insurance companies for the provision of chiropractic services to substantial numbers of individuals who attended the events, including billing for services that were not provided. In some cases, WISETH used the personal and insurance information of attendees to bill the individuals’ insurance companies for services that were not provided, unbeknownst to the attendee. For example, on February 13, 2014, WISETH held a promotional event at Health Quest that he referred to as “ValenSpine’s Day.” WISETH submitted bills to insurance companies representing that he had treated approximately 219 patients on that day, purporting to have provided approximately 641 services.
As alleged in the indictment, WISETH also submitted false bills for services by misrepresenting the services that were actually provided to patients. For example, WISETH routinely submitted false bills for treatment with a “wobble chair,” which is a device intended to develop core strength. WISETH falsely represented to insurers that the services were performed for at least eight minutes under the direct supervision of a healthcare professional when, in fact, WISETH merely stocked his clinics’ waiting rooms with wobble chairs so that patients would sit in them while waiting for their appointments.
As alleged in the indictment, over the course of the two-year scheme, WISETH billed the insurance companies more than $3.1 million dollars, including bills for hundreds of treatments that were not provided or were overbilled, and the insurance companies paid WISETH and Health Quest more than $1.1 million.
This case is the result of an investigation conducted by the Minnesota Commerce Fraud Bureau and the United States Postal Inspection Service.
This case is being prosecuted by Assistant U.S. Attorney Amber M. Brennan.
Defendant Information:
STEVEN RICHARD WISETH, 35
Thief River Falls, Minn.
Charges:
- Wire fraud, 6 counts
- Aggravated identity theft, 2 counts
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
Repeat Tax Fraud Offender Sentenced to 10 Years in PrisonRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of ARTHUR DALE SENTY-HAUGEN, 51, for orchestrating a years-long tax fraud conspiracy while confined to the Minnesota Sex Offender Program. SENTY-HAUGEN, who pleaded guilty on January 23, 2018 to one count of conspiracy to defraud the United States, was sentenced earlier today to 10 years in prison before Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota.
“Mr. Senty-Haugen’s lengthy criminal history and flagrant disregard for the law and the criminal justice system was appropriately addressed by this significant prison sentence,” said U.S. Attorney Erica MacDonald. “We appreciate the investigative work of our partners at the IRS and their dogged pursuit of this serial fraudster.”
“Today's sentencing of Arthur Senty-Haugen continues to emphasize the diligence of the Internal Revenue Service and U.S. Attorney’s Office in their continued pursuit of those who use fraudulent methods in an attempt to corrupt our nation's tax system,” said Acting Special Agent in Charge Gabriel Grchan, IRS Criminal Investigation of the St. Paul Field Office. “Be assured that IRS Criminal Investigation Division, together with our law enforcement partners, will hold those who engage in similar behavior fully accountable, especially those like Senty-Haugen who repeatedly commit fraud.”
According to the defendant’s guilty plea and documents filed in court, since 1994, SENTY-HAUGEN has been confined to the Minnesota Sex Offender Program (“MSOP”) in Moose Lake, Minnesota. Beginning in early 2012 through late 2017, SENTY-HAUGEN devised and participated in a scheme to obtain money from the U.S. government by filing false federal income tax returns claiming fraudulent refunds on behalf of fellow clients of the MSOP (“the filers”). As part of the scheme, SENTY-HAUGEN prepared and filed the false tax returns using the filers’ names and social security numbers, as well as false wage and federal income tax withholding information. SENTY-HAUGEN enlisted the help of other individuals not confined at MSOP to assist him and the filers in preparing and filing the fraudulent returns as well as collecting and transferring the illicit proceeds. SENTY-HAUGEN admitted to filing a total of 92 fraudulent income tax returns for tax years 2011 through 2016, seeking more than $550,000 in refunds to which the filers were not entitled.
In 2000 and 2013, SENTY-HAUGEN was prosecuted in state court in Carlton County on fraud-related offenses. Additionally, in 2004, while confined at MSOP, SENTY-HAUGEN was indicted in federal court for tax fraud conspiracy, a scheme that was similar to the instant offense, and was sentenced to 57 months in prison followed by three years of supervised release. SENTY-HAUGEN began his new fraud scheme just two days after his term of supervised release expired.
This case is the result of an investigation conducted by the Internal Revenue Service – Criminal Investigation Division, and the Minnesota Department of Human Services, Office of Special Investigations.
Assistant U.S. Attorneys Amber M. Brennan and Julie E. Allyn prosecuted the case.
Defendant Information:
ARTHUR DALE SENTY-HAUGEN, 51
MSOP, Moose Lake, Minn.
Convicted:
- Conspiracy to defraud the United States, 1 count
Sentenced:
- 120 months in prison
- Three years of supervised release
- $247,000 in restitution
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Six Members of Saint Paul Street Gang “HAM Crazy” Sentenced for Federal Firearms ConspiracyRead the Press Release
United States Attorney Erica H. MacDonald announced the sentencing of six members of a Saint Paul street gang, known as the HAM Crazy, for conspiring to illegally possess firearms. MARVELL VOSHON JEFFERSON, 24, SHELBY DELANE ASHFORD, JR., 24, CASEY JEMAR DAVIS, 24, PHILLIP DWAYNE JACKSON, 23, NAKIA MARQUIRE MARTIN, 25, and PIERRE CORTEZ JENKINS, 23, have been sentenced to prison by Senior Judge Ann D. Montgomery in U.S. District Court in Minneapolis, Minnesota. A seventh defendant, CARMELO MANUEL MARRERO, 23, has pleaded guilty to conspiracy and will be sentenced at a later date. All seven defendants either had prior felony convictions or were otherwise prohibited from legally possessing firearms or ammunition.
“Keeping our neighborhoods, communities and families safe from gun and gang violence is a top priority for the Department and for my office,” said United States Attorney Erica MacDonald. “As this case demonstrates, our concerted effort to keep guns out of the hands of criminals is ongoing. By leveraging the strong relationships we have with our federal, state and local law enforcement partners, we will remain steadfast in our duty to keep communities safe.”
“It’s unfortunate all of the violence these individuals have inflicted on St. Paul, but justice prevails,” said ATF Assistant Special Agent in Charge Kirk Howard of the St. Paul Field Division. “St. Paul Police Chief Axtell made it very clear that firearm violence will not be tolerated, and we stand united with them to end the cycle of gang and firearm-related violent crime in this city.”
Saint Paul Police Chief Todd Axtell said, “Saint Paul is a safer place today, thanks to the incredibly hard work and collaboration of our police officers, agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and our other partners. Together, we have made it clear that settling disagreements through gun violence is not welcome in our city—and we will use all available resources to hold accountable those who do engage in these types of activities.”
Since at least January 2014, the defendants maintained active membership in the street gang known as the HAM Crazy. The main purpose of the HAM Crazy gang was to preserve and protect their territory, power, status, and reputation, primarily on the Eastside of Saint Paul, through the use of violence and intimidation against rival Saint Paul gangs, such as the Hit Squad.
According to the defendants’ guilty pleas and documents filed in court, since at least January 2014, the HAM Crazy gang has been in an ongoing gang war with several rival gangs, including the Hit Squad. This gang war has resulted in gang members on both sides of the rivalry being shot and/or killed and has endangered the lives and safety of innocent bystanders and the community because many of the shootings occurred in public venues. HAM Crazy members and rival gang members often used social media platforms, such as Facebook, YouTube, and Snapchat, as a means through which to disrespect, intimidate, and threaten rivals by memorializing their brandishing of firearms, displaying of money, throwing of gang signs, and publishing of rap videos containing explicit and implicit threats against rivals.
According to the defendants’ guilty pleas and documents filed in court, due to the ongoing gang war and the need for firearms to conduct some of their gang-related activity, between January 2014 and December 2017, the defendants conspired to illegally obtain and jointly possess at least 12 firearms, including some with obliterated serial numbers, that were stolen, and/or that had high-capacity magazines. The defendants and other HAM Crazy members also attempted to buy, sell, trade, and obtain firearms through social media.
This case is the result of a joint investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Saint Paul Police Department, and the Minnesota Department of Corrections. This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to specifically target and combat gun and gang crimes.
Assistant U.S. Attorneys Benjamin Bejar and Thomas Calhoun-Lopez are prosecuting the case.
Defendants’ Information:
MARVELL VOSHON JEFFERSON, a/k/a “Vo,” a/k/a “Lil Vo,” 24
Saint Paul, Minn.
Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 60 months in prison
- Three years of supervised release
SHELBY DELANE ASHFORD, JR., a/k/a “Two Times,” 24
Columbia Heights, Minn.Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 58 months in prison
- Three years of supervised release
CASEY JEMAR DAVIS, a/k/a “Casey Jermar Davis,” a/k/a “K Chop,” 24
Saint Paul, Minn.Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 50 months in prison
- Three years of supervised release
PHILLIP DWAYNE JACKSON, a/k/a “Go,” a/k/a “Kid Go,” 23
Lino Lakes, Minn.
Convicted:- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 60 months in prison
- Three years of supervised release
NAKIA MARQUIRE MARTIN, a/k/a “Nakia Marquette Martin,” a/k/a “Freaky,” a/k/a “Freaky Nick,” 25
Moose Lake, Minn.
Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 55 months in prison
- Three years of supervised release
PIERRE CORTEZ JENKINS, 23, a/k/a “Pistol,” 23
Minneapolis, Minn.
Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Sentenced:
- 48 months in prison
- Three years of supervised release
CARMELO MANUEL MARRERO, a/k/a “Melo,” a/k/a “Mello,” 23
Maplewood, Minn.
Convicted:
- Conspiracy – Felon in possession of a firearm, 1 count
Civil Complaint Filed Against Maplewood Dentist for Illegally Prescribing Opioids in Violation of the Controlled Substances ActRead the Press Release
United States Attorney Erica H. MacDonald today announced the filing of a civil complaint against Maplewood dentist DR. JERRY KENT BRUNSOMAN and his clinic INSTITUTE OF FACIAL SURGERY ST. PAUL, PLLC, d/b/a/ IDEALSKIN LASER REJUVENATION CENTER for allegedly issuing illegitimate prescriptions for opioid medications and repeatedly failing to comply with the recordkeeping requirements of the Controlled Substances Act.
United States Attorney Erica MacDonald said, “Medical professionals have an obligation to maintain accurate and complete records of their prescribing practices, particularly when it comes to highly addictive controlled substances. My office and our DEA partners will use all available tools to address the devastating opioid epidemic.”
In the complaint filed today, the United States alleges that BRUNSOMAN unlawfully issued multiple prescriptions for Schedule II controlled substances, namely, oxycodone and hydrocodone, without a legitimate medical purpose. The complaint further alleges that BRUNSOMAN failed to keep complete and accurate records regarding the receipt and dispensing of controlled substances used at his clinic. As a licensed practitioner, BRUNSOMAN must comply with the Controlled Substances Act’s recordkeeping and prescribing requirements, which Congress enacted to prevent the diversion of controlled substances for illegal purposes. As a result of BRUNSOMAN’S alleged actions, hundreds of doses of controlled substances are unaccounted for and presumed to have been diverted for illicit purposes.
The United States is seeking civil monetary penalties and injunctive relief for the defendants’ alleged violations of the Controlled Substances Act.
This case is handled by the Affirmative Civil Enforcement unit of the U.S. Attorney’s Office for the District of Minnesota, and was investigated by the Diversion Group of the Drug Enforcement Administration, Minneapolis-St. Paul District Office.
The civil complaint presents allegations only; there has been no determination of liability or wrongdoing.
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Apple Valley Sex Offender Sentenced to 28 Years in Prison for Producing Child PornographyRead the Press Release
United States Attorney Erica H. MacDonald announced the sentencing of JOSEPH THOR PERKINS, 36, to 28 years in prison for sexually exploiting multiple minor victims. PERKINS, who pleaded guilty on January 16, 2018, to one count of production of child pornography, was sentenced on July 23, 2018, before Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota.
According to the defendant’s guilty plea and documents filed in court, since 2013, PERKINS has had contact with four minor victims. He contacted the minors using online messaging applications and enticed them to send him images of themselves engaged in sexually explicit conduct. After receiving the sexually explicit images, PERKINS encouraged the minors to meet him in person to engage in sexual acts and so PERKINS could take sexually explicit photographs of the minors. On multiple occasions between 2013 and 2016, PERKINS met the minor victims separately at various locations, including PERKINS’ residence. PERKINS engaged in sexual acts with the minors and photographed the minors engaged in sexually explicit conduct.
According to the defendant’s guilty plea and documents filed in court, in 2015, PERKINS was charged in Dakota County with possession of child pornography and was charged in Scott County with engaging in sexual acts with a fifth minor victim. Additionally, in 2016, PERKINS solicited a sixth individual online. He believed this sixth individual to be a 14-year-old girl and arranged for “her” to meet him in person, engage in sexually explicit conduct, and for PERKINS to take photographs of the encounter. After arranging the meeting with the purported minor, who was in reality an undercover law enforcement officer, PERKINS was arrested and charged in Washington County with online solicitation.
This case is the result of an investigation conducted by the Washington County Sheriff's Office and the Federal Bureau of Investigation.
Assistant United States Attorney Karen B. Schommer prosecuted the case.
Defendant Information:
JOSEPH THOR PERKINS, 36
Apple Valley, Minn.
Convicted:
- Production of child pornography, 1 count
Sentenced:
- 336 months in prison
- Lifetime of supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Saint Paul Psychiatrist Pleads Guilty to Receipt of Child PornographyRead the Press Release
United States Attorney Erica H. MacDonald today announced the guilty plea of AVIEL LI GOODMAN, 62, to one count of receipt of child pornography. GOODMAN, who was initially charged on February 20, 2018, pleaded guilty earlier today before U.S. District Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota.
According to the defendant’s guilty plea and documents filed in court, on multiple occasions between March 1, 2015, and August 27, 2017, undercover law enforcement agents downloaded numerous image and video files depicting child pornography from IP addresses connected to GOODMAN’S Saint Paul residence. On January 17, 2018, upon execution of a search warrant on GOODMAN’S residence, law enforcement agents seized a computer containing more than 20,000 child pornography files.
This case is the result of an investigation conducted by the Federal Bureau of Investigation.
This case is being prosecuted by Assistant U.S. Attorneys Katharine T. Buzicky and Carol M. Kayser.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Defendant Information:
AVIEL LI GOODMAN, 62
Saint Paul, Minn.
Convicted:
- Receipt of child pornography, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Federal Jury Finds Oklee Man Guilty of Possessing Unregistered Pipe BombsRead the Press Release
United States Attorney Erica H. MacDonald announced the conviction of ERIC JAMES REINBOLD, 41, for illegally possessing unregistered pipe bombs. Following a three-day trial before Chief Judge John R. Tunheim in U.S. District Court in Fergus Falls, Minnesota, the jury found REINBOLD guilty of one count of possession of unregistered destructive devices. REINBOLD’S sentencing hearing is set for November 16, 2018.
“Given the dangerousness of the devices and the courage of the concerned citizens who discovered them and contacted law enforcement, we are pleased with the jury’s verdict,” said Assistant U.S. Attorney Julie Allyn.
“Regardless of the intent of use, pipe bombs are illegal improvised explosive devices, bottom line,” said ATF Assistant Special Agent in Charge Kirk Howard, of the St. Paul Field Division. “We’re grateful that somebody took the initiative to report this, and we encourage anyone who comes into contact with dangerous, illegal improvised explosive devices to reach out to us. It could save people from getting hurt or killed. Our local law enforcement partners did a tremendous job during this investigation. Their work directly lead to today’s verdict.”
As proven at trial, on October 22, 2017, law enforcement received a report of possible pipe bombs and bomb making materials found on hunting land in Oklee, Minnesota. When law enforcement responded to the property, they found a plastic tote containing items that appeared to be destructive devices, specifically, pipe bombs. In addition to the pipe bombs, there were two jugs of gun powder, fuses, batteries, toggle switches, a Christmas tree light with cut wires, a kitchen timer, Nerf-gun bullets, and a receipt for the fuses containing REINBOLD’S name and address.
As proven at trial, on November 2, 2017, law enforcement executed a search warrant at REINBOLD’S residence in Oklee. Officers recovered materials similar to those found on the hunting land, as well as a book entitled “Anarchist Cookbook,” and a notebook entitled “How one (1) person Can make a difference *Instruction Booklet at the HCU (homemade commando university),” which contained handwritten notes related to manufacturing pipe bombs, making homemade explosives, how to use pipe bombs, and diagrams of bombs that match the bombs found in the tote.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Red Lake County Sheriff’s Office, the Crow Wing County Sheriff’s Office, and the Pennington County Sheriff’s Office.
Assistant United States Attorneys Julie E. Allyn and Angela Munoz-Kaphing are prosecuting this case.
Defendant Information:
ERIC JAMES REINBOLD, 41
Oklee, Minn.
Convicted:
- Possession of unregistered destructive devices, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
La Crescent Man Sentenced to 75 Months in Prison for Receipt of Child PornographyRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of BRYAN SCOTT ERICKSON, 40, to 75 months in prison and 10 years of supervised release for receiving child pornography. ERICKSON, who pleaded guilty on March 19, 2018, was sentenced earlier today before U.S. District Judge Patrick J. Schiltz in U.S. District Court in Minneapolis, Minnesota.
“This case is the product of outstanding investigative work by dedicated law enforcement professionals,” said Assistant U.S. Attorney Katharine Buzicky. “I am proud to work alongside individuals who are committed to tackling some of the most difficult cases in pursuit of justice for vulnerable, young victims of exploitation.”
According to the defendant’s guilty plea and documents filed in court, ERICKSON used an online application called Kik to trade child pornography in groups dedicated to sharing images of child sexual abuse. In 2016, Homeland Security agents conducted an undercover investigation of child pornography trading on Kik and identified ERICKSON as a Kik user that was sharing child pornography. Homeland Security agents executed a search warrant at ERICKSON’S home and seized numerous computers and electronic devices. The forensic investigation revealed that ERICKSON had approximately 600 online chats with a man who claimed to have sex with his own children. ERICKSON asked the man for “advice” about when to start molesting children, and what sexual acts to engage in with children of various ages.
This case is the result of an investigation conducted by Homeland Security Investigations, with support from U.S. Customs and Border Protection.
Assistant United States Attorney Katharine T. Buzicky prosecuted this case.
Defendant Information:
BRYAN SCOTT ERICKSON, 40
La Crescent, Minn.
Convicted:
- Receipt of child pornography, 1 count
Sentenced:
- 75 months in prison
- 10 years of supervised release
###
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
District Court Orders Minnesota Dairy Farm and Owners to Stop Distributing Adulterated Meat in Interstate CommerceRead the Press Release
A federal court enjoined Todd & Patty Meech Dairy Farm and its co-owners from introducing adulterated meat into interstate commerce pending required remedial action, the Department of Justice announced today.
The U.S. District Court for the District of Minnesota entered a consent decree of permanent injunction against the Meech Dairy Farm, located in Sebeka, Minnesota, and its co-owners Todd Meech and Patty Meech. The consent decree settles a complaint filed by the Department alleging violations of the Food, Drug, and Cosmetic Act, and it requires the defendants to implement specific steps to ensure consumer safety before they can resume introducing specific food – animals and their edible tissue, into interstate commerce. In particular, the decree requires defendants to establish and implement a quarantine or segregation system that ensures ready distinction between medicated and unmediated animals and that prevents defendants from selling or delivering for food slaughter any animals with illegal new animal drug residues in their edible tissues.
“The Department of Justice is committed to protecting consumers from unsafe foods,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “We will continue to work with FDA to ensure that food producers maintain processes necessary to keep food safe.”
The Department filed a complaint in the District of Minnesota on Feb. 23, at the request of the U.S. Food and Drug Administration (FDA). According to the complaint, the Meech Dairy Farm has approximately 500 cattle, including approximately 400 dairy cows, and sells cows for slaughter for use as food. The complaint alleged that defendants failed to abide by laws designed to protect consumers from consuming food that contained new animal drugs above legal limits. According to the complaint, lab testing by the U.S. Department of Agriculture (USDA) detected above-tolerance drug residue in the liver of one of defendant’s cows sold for slaughter. The complaint alleged that a FDA inspection confirmed that the defendants did not record information regarding administered dosage, administration route, withdrawal time for meat, or the usable date for meat.
High levels of new animal drugs in animals’ edible tissues poses a significant public health risk. For example, consumers of edible animal tissues who are susceptible to antibiotics may experience severe allergic reactions as a result of ingesting food containing antibiotic levels above established tolerances.
“Poor recordkeeping practices and improper administration of drugs to food-producing animals poses a serious risk to consumers,” said United States Attorney Erica H. MacDonald for the District of Minnesota. “The United States Attorney’s Office, along with the FDA, will continue to take action on these types of cases to ensure that Minnesota farmers are following the law and maintaining high food safety standards.”
The government is represented by Trial Attorney Monica Groat of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Fred Siekert of the U.S. Attorney’s Office for the District of Minnesota, with assistance of Associate General Counsel for Enforcement Jennifer Argabright of the Department of Health and Human Services’ Office of General Counsel’s Food and Drug Division.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of Minnesota, visit its website at https://www.justice.gov/usao-mn.
District Court Orders Minnesota Dairy Farm and Owners to Stop Distributing Adulterated Meat in Interstate CommerceRead the Press Release
WASHINGTON – A federal court enjoined Todd & Patty Meech Dairy Farm and its co-owners from introducing adulterated meat into interstate commerce pending required remedial action, the Department of Justice announced today.
The U.S. District Court for the District of Minnesota entered a consent decree of permanent injunction against the Meech Dairy Farm, located in Sebeka, Minnesota, and its co-owners Todd Meech and Patty Meech. The consent decree settles a complaint filed by the Department alleging violations of the Food, Drug, and Cosmetic Act, and it requires the defendants to implement specific steps to ensure consumer safety before they can resume introducing specific food – animals and their edible tissue, into interstate commerce. In particular, the decree requires defendants to establish and implement a quarantine or segregation system that ensures ready distinction between medicated and unmediated animals and that prevents defendants from selling or delivering for food slaughter any animals with illegal new animal drug residues in their edible tissues.
“The Department of Justice is committed to protecting consumers from unsafe foods,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “We will continue to work with FDA to ensure that food producers maintain processes necessary to keep food safe.”
The Department filed a complaint in the District of Minnesota on Feb. 23, at the request of the U.S. Food and Drug Administration (FDA). According to the complaint, the Meech Dairy Farm has approximately 500 cattle, including approximately 400 dairy cows, and sells cows for slaughter for use as food. The complaint alleged that defendants failed to abide by laws designed to protect consumers from consuming food that contained new animal drugs above legal limits. According to the complaint, lab testing by the U.S. Department of Agriculture (USDA) detected above-tolerance drug residue in the liver of one of defendant’s cows sold for slaughter. The complaint alleged that a FDA inspection confirmed that the defendants did not record information regarding administered dosage, administration route, withdrawal time for meat, or the usable date for meat.
High levels of new animal drugs in animals’ edible tissues poses a significant public health risk. For example, consumers of edible animal tissues who are susceptible to antibiotics may experience severe allergic reactions as a result of ingesting food containing antibiotic levels above established tolerances.
“Poor recordkeeping practices and improper administration of drugs to food-producing animals poses a serious risk to consumers,” said United States Attorney Erica H. MacDonald for the District of Minnesota. “The United States Attorney’s Office, along with the FDA, will continue to take action on these types of cases to ensure that Minnesota farmers are following the law and maintaining high food safety standards.”
The government is represented by Trial Attorney Monica Groat of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Fred Siekert of the U.S. Attorney’s Office for the District of Minnesota, with assistance of Associate General Counsel for Enforcement Jennifer Argabright of the Department of Health and Human Services’ Office of General Counsel’s Food and Drug Division.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of Minnesota, visit its website at https://www.justice.gov/usao-mn.
Wife of Big Island Capital Fraudster Sentenced to 24 Months in Prison for Her Role in Million Dollar Ponzi SchemeRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of ALEX REAVES LUNDIN, 26, to 24 months in prison for her role in a $1.1 million Ponzi scheme orchestrated by her husband, Jeremy Lundin. LUNDIN, who pleaded guilty on February 15, 2018, was sentenced yesterday before Judge Wilhelmina M. Wright in U.S. District Court in Saint Paul, Minnesota. When announcing the sentence, the Honorable Judge Wright told LUNDIN, “You assisted your husband in a lengthy and complex fraud scheme at the expense of others. Your victims worked hard for their money; for some it was their life savings. You spent victims’ money on yourself, motivated by selfishness and greed to live a lavish lifestyle that you could not afford.”
U.S. Attorney Erica MacDonald said, “Jeremy Lundin swindled hundreds of thousands of dollars from his friends and associates so that he and Alex Lundin could buy luxury cars and take expensive trips. When Alex Lundin found out about her husband’s fraud, rather than taking steps to stop him or make things right, she helped him keep it going for several more months. The Lundins lied to and stole from honest, hard-working individuals who trusted them. Today’s sentence was another step towards justice for those victims.”
“Alex Lundin used investor money for her personal, financial gain. The Lundin’s spent their client’s investment money to enjoy an extravagant and luxurious lifestyle,” stated Special Agent in Charge Gabe Grchan. “Today’s sentencing illustrates that there are consequences for those who use deceit to enrich themselves at the expense of others. IRS Criminal Investigators will continue to pursue individuals who engage in this type of criminal behavior.”
“Today’s sentencing of Ms. Lundin serves as a reminder of the potential penalty for violating the public’s trust in the U.S. mail”, said Craig Goldberg, Postal Inspector in Charge of the Denver Division which covers the Twin Cities.
“Alex Lundin and her husband defrauded friends and neighbors who trusted them with their life savings,” said Minnesota Commerce Commissioner Jessica Looman. “Investment fraud is a serious crime and this case shows that if you commit fraud in Minnesota, you will be prosecuted.”
According to the defendant’s guilty plea and documents filed in court, from approximately December 2014 through May 2017, Jeremy Lundin claimed that he conducted “options trading” through his business Big Island Capital. He worked through a network of the couple’s associates and friends to solicit investors by promising to generate exponential growth through options trading, and obtained $1.1 million from 51 investors over a roughly two-year period. Between May 2015 and May 2017, at least $992,000 in investor funds was deposited into Jeremy Lundin’s “Big Island Capital” bank account. During roughly the same time period, however, Jeremy Lundin transferred $933,950 from the business account directly into his and LUNDIN’s personal checking account. The couple then used the majority of those investor funds on their personal expenses including travel, luxury automobiles, a boat, jewelry, retail purchases, and more than $366,000 in credit card payments.
According to LUNDIN’s guilty plea and documents filed in court, LUNDIN admitted that by October 2016, she became aware that her husband was not conducting options trading as he promised investors, and that she and Jeremy Lundin had spent all of the investor funds on personal expenses. However, LUNDIN continued to assist her husband in carrying out the scheme for another eight months by soliciting new investors and drafting text messages and emails intended to lull current victim-investors into believing their money was safe. During those final eight months when LUNDIN knowingly participated in the scheme, investors gave Jeremy Lundin another $315,000.
Jeremy Lundin pleaded guilty to one count of mail fraud and one count of money laundering. On February 22, 2018, he was sentenced to 110 months in prison.
This case is the result of an investigation conducted by the Criminal Investigation Division of the IRS, Federal Bureau of Investigation, United States Postal Inspection Service, and Minnesota Department of Commerce Fraud Bureau.
Assistant United States Attorney Amber M. Brennan prosecuted the case.
Defendant Information:
ALEX REAVES LUNDIN, 26
Mound, Minn.
Convicted:
- Conspiracy to commit mail fraud, 1 count
Sentenced:
- 24 months in prison
- 3 years of supervised release
- $315,000 in restitution
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Federal Jury Finds Brooklyn Park Man Guilty of Methamphetamine TraffickingRead the Press Release
United States Attorney Erica H. MacDonald announced the conviction of JOSE ANDRES VERA-GUTIERREZ, a/k/a “Bullet,” 36, for methamphetamine trafficking. After a six-day trial before U.S. District Judge Wilhelmina M. Wright in Saint Paul, Minnesota, the jury found VERA-GUTIERREZ guilty of one count of conspiracy to possess with intent to distribute methamphetamine. The jury was unable to reach a unanimous verdict on VERA-GUTIERREZ’S co-defendant, MARIBEL TORRES, who was also charged with one count of conspiracy.
“Jose Andres Vera-Gutierrez and his co-conspirators were responsible for trafficking significant amounts of methamphetamine across the country into Minnesota,” said Assistant United States Attorney LeeAnn K. Bell. “This guilty verdict demonstrates yet again law enforcement’s commitment to stopping methamphetamine traffickers from bringing this devastating drug into our communities.”
According to the evidence presented at trial, in December 2016, law enforcement commenced a wiretap investigation that led to a 25-pound methamphetamine seizure on January 18, 2017. VERA-GUTIERREZ and three co-conspirators arranged for the methamphetamine to be transported from California to Minnesota inside hidden compartments in an SUV. On January 18, 2017, the SUV and a trailing passenger car were traveling together on Interstate 35 when a Minnesota State Trooper stopped the SUV for speeding. During the traffic stop, the accompanying passenger car continued driving. Law enforcement found nine packages of methamphetamine hidden behind the panel above the SUV’s rear driver-side wheel and an additional 16 packages hidden behind the panel over the passenger-side wheel. The next morning, law enforcement determined that the passenger car had traveled to VERA-GUTIERREZ’S residence in Brooklyn Park, Minnesota.
This case is the result of an investigation by the Drug Enforcement Administration, the United States Postal Inspection Service, Homeland Security Investigations, the Minnesota State Patrol, the Dakota County Drug Task Force, Ramsey County Sheriff’s Office, Hennepin County Sheriff’s Office, Minneapolis/St. Paul Airport Police, Bloomington Police Department and the Minnesota Bureau of Criminal Apprehension.
Assistant U.S. Attorney LeeAnn K. Bell is prosecuting the case.
Defendant Information:
JOSE ANDRES VERA-GUTIERREZ, a/k/a “Bullet,” 36
Brooklyn Park, Minn.
Convicted:
- Conspiracy to possess with intent to distribute methamphetamine, 1 count
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Federal Jury Convicts Former Oil Company President for Orchestrating $30 Million Stock Manipulation SchemeRead the Press Release
United States Attorney Erica H. MacDonald announced the conviction of RYAN RANDALL GILBERTSON, 42, founder of Dakota Plains Holdings, Inc., and DOUGLAS VAUGHN HOSKINS, 50, for orchestrating a complex stock manipulation scheme that triggered more than $30 million dollars in fraudulent bonus payments. Following a 10-day trial before U.S. District Judge Patrick J. Schiltz in Minneapolis, Minnesota, the jury found the defendants guilty of multiple counts of wire fraud, conspiracy to commit securities fraud, and securities fraud.
“Ryan Gilbertson masterminded and carried out a complex scheme to manipulate the price of Dakota Plains stock. Although his scheme was complicated, Gilbertson's goal was simple—to line his own pockets at the expense of the company and its investors,” said U.S. Attorney Erica MacDonald. “Gilbertson, a former derivatives trader who co-founded a billion-dollar publicly-traded oil company, was a wealthy man. But like all too many white collar criminals, these defendants were motivated by nothing more than naked greed. The FBI, U.S. Postal Inspection Service, and IRS worked for years to understand, investigate, and prosecute Gilbertson's complex stock manipulation scheme. Thanks to their efforts, these defendants will not escape justice.”
“Postal Inspectors take very seriously their mission to deter the illegal use of the mails for any criminal activity,” said Postal Inspector in Charge, Craig Goldberg. “We are committed to working together with our law enforcement partners to identify, investigate and bring to justice those who would attempt to mask their criminal activity through the use of the mail. Today’s verdict reaffirms how critical a role the US Postal Inspection Service plays in protecting the American consumer from these types of fraudulent schemes.”
“A free market depends on honesty and integrity of those involved in publicly traded companies,” said Jill Sanborn, Special Agent in Charge of the Minneapolis Division of the FBI. “In this case, Gilbertson, the founder of Dakota Plains, along with his associate, conspired to manipulate the market for their own financial gain. We are grateful that the jury saw what we saw in this case – a scheme that looked complex, but was really about market rigging and self-dealing.”
According to the evidence presented at trial, in November 2008, GILBERTSON and his business partner founded Dakota Plains, Inc. (“Dakota Plains”), a privately held company based in Wayzata, Minnesota that owned and operated a transloading facility in New Town, North Dakota. From the outset, GILBERTSON and his partner concealed their involvement in the company by installing their fathers as the company’s executives and two-person board of directors. Rather than capitalize the company at the outset, GILBERTSON caused the company to issue $9 million in promissory notes to himself and other corporate insiders. The notes paid 12% annual interest and included a provision that paid GILBERTSON and the other noteholders a bonus payment based on the average trading price of Dakota Plains stock during the first 20 days of public trading. The bonus payment provision operated as an “embedded derivative” in which the value of the bonus payment would be based on the average price of Dakota Plains stock during the first 20 days of public trading.
GILBERTSON then caused the company to go public via a reverse merger with a company called Malibu Club Tan, which was a publicly traded shell company that operated a single defunct tanning salon in suburban Salt Lake City, Utah. GILBERTSON made it a secret condition of the reverse merger that DOUG HOSKINS, his friend and polo coach, be able to purchase the majority of the freely trading shares, the only shares that could trade publicly following the reverse merger. GILBERTSON then gave $30,000 to HOSKINS, who was deeply in debt and owed money to the IRS and other creditors, in order to purchase 50,000 shares of Dakota Plains stock at a price of $0.50 per share on March 23, 2012, the morning of the reverse merger. That same day, again at the direction of GILBERTSON, HOSKINS began selling his shares at the falsely inflated price of $12 per share.
According to the evidence presented at trial, on the first day of public trading, HOSKINS began selling his newly acquired shares for an inflated price of $12 per share at GILBERTSON’S direction, and continued to do so throughout the first 20 days of public trading following the reverse merger. At the same time, GILBERTSON directed a local stockbroker at a Minneapolis-based securities brokerage firm, to purchase shares of Dakota Plains stock on behalf of both himself and his clients at inflated prices. GILBERTSON also instructed a Salt Lake City-based business consultant to manipulate the price of the stock by ensuring that none of the shell company shareholders sold their stock for less than the $12 per share price offered by his friend and polo coach, HOSKINS. Indeed, on April 4, 2012, GILBERTSON sent a text message to the consultant in Utah bragging that the shell company shareholders “would be participating on sales at 7 bucks [a share] not 12 were it not for my involvement.”
Throughout the 20-day period following the reverse merger, GILBERTSON, with the help of HOSKINS and others, manipulated the price of Dakota Plains stock to increase the average trading price to $11.30 per share. This triggered a $32.8 million bonus payment to GILBERTSON and the other noteholders. GILBERTSON made millions as a result of his stock manipulation scheme. HOSKINS made less money, but still pocketed more than $125,000 from his stock sales, much of which he used to purchase an Argentine polo pony.
In the wake of the fraud scheme, HOSKINS was interviewed by the Securities and Exchange Commission about his involvement in these stock sales. HOSKINS repeatedly lied under oath during the deposition, covering up both his and GILBERTSON’S involvement in the stock manipulation scheme. Among other things, HOSKINS claimed that he did not discuss the stock trades with any other individuals. At trial, GILBERTSON falsely denied his role in the stock manipulation scheme, but conceded that he had arranged for HOSKINS to purchase Dakota Plains stock prior to the reverse merger and had provided HOSKINS with the money with which he purchased the stock.
This case is the result of an investigation conducted by the FBI, Criminal Investigation Division of the IRS, and the United States Postal Inspection Service.
This case is being prosecuted by Assistant United States Attorneys Joseph H. Thompson, Kimberly A. Svendsen, and Melinda A. Williams.
Defendant Information:
RYAN RANDALL GILBERTSON, 42
Delano, Minn.
Convicted:
- Wire fraud, 14 counts
- Conspiracy to commit securities fraud, 1 count
- Securities fraud, 6 counts
DOUGLAS VAUGHN HOSKINS, 50
Wayzata, Minn.
Convicted:- Wire fraud, 2 counts
- Conspiracy to commit securities fraud, 1 count
- Securities fraud, 3 counts
Rochester Felon Charged with Drug Distribution, Illegal Possession of FirearmsRead the Press Release
United States Attorney Erica H. MacDonald today announced a federal indictment charging RASHAD DARNELL NORWOOD, 38, with illegal possession of firearms and distribution of methamphetamine and cocaine. NORWOOD, who is currently in custody in Olmstead County on state charges, made his initial appearance earlier today before Magistrate Judge Jon T. Huseby in U.S. District Court in Saint Paul, Minnesota.
As alleged in the indictment, NORWOOD has three prior felony convictions, including drug possession in Dodge County and Ramsey County, and second-degree murder in Blue Earth County, which prohibit him from owning or possessing a firearm. NORWOOD was also charged with one count each of methamphetamine and cocaine distribution.
This case is the result of an investigation conducted by the FBI and the Rochester Police Department.
This case is being by Assistant U.S. Attorney Bradley M. Endicott.
Defendant Information:
RASHAD DARNELL NORWOOD, 38
Rochester, Minn.
Charges:
- Felon in possession of firearms, 1 count
- Possessing firearms in furtherance of drug-trafficking crime, 1 count
- Possession with intent to distribute methamphetamine, 1 count
- Possession with intent to distribute cocaine, 1 count
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The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
Three Illinois Men Indicted on Federal Civil Rights and Hate Crime Violations in the Bombing of Bloomington, Minnesota, Islamic CenterRead the Press Release
United States Attorney Erica H. MacDonald and Acting Assistant Attorney General John Gore today announced a five-count federal indictment charging MICHAEL HARI, 47, MICHAEL MCWHORTER, 29, and JOE MORRIS, 23, with federal civil rights and hate crime violations, and using a destructive device in connection with an explosion at the Dar al-Farooq Islamic Center (“DAF”) in Bloomington, Minnesota, on August 5, 2017.1 MCWHORTER, MORRIS, and HARI were previously named in a criminal complaint filed on March 13, 2018, in the District of Minnesota, charging them with arson.
The three defendants are currently being held in custody in Urbana, Illinois, on separate charges.2
“These three defendants allegedly plotted and executed a plan designed specifically to spread fear and threaten a fundamental right afforded to all, the freedom of religion,” said U.S. Attorney Erica H. MacDonald. “In spite of this destructive and violent act alleged in the indictment, our communities have found strength in taking a unified stand against the attack. My office and our law enforcement partners are committed to upholding the laws that protect the civil rights of all Americans.”
“Last year's bombing was more than just an attack against a single structure, it was an attack on the very religious freedoms we enjoy as Americans,” said Jill Sanborn, Special Agent in Charge of the FBI's Minneapolis Division. “The ability to worship how and where we want is a cornerstone of our country's foundation, and the FBI stands ready to work with the community and our law enforcement partners whenever those freedoms are attacked.”
“All people – regardless of where they worship – have the right under federal law to live free from the threat of violence and discrimination,” said Acting Assistant Attorney General John Gore. “This Justice Department will hold accountable under the law anyone who attempts to commit violent acts of hate by threat or action.
The indictment returned by a federal grand jury alleges that HARI, MCWHORTER, and MORRIS engaged in a conspiracy to use an explosive device to intentionally cause damage to the DAF Islamic Center in Bloomington, Minnesota, which serves as a religious center as well as a religious school for children. The defendants targeted this location because of the religious character of the DAF Islamic Center, and for the purpose of making Muslims feel frightened and intimidated by interfering with their free exercise of religious liberty. As part of the conspiracy, HARI constructed a pipe bomb and, on July 27, 2017, rented a pickup truck from a vehicle rental business in Champaign-Urbana, Illinois. On August 4 and 5, 2017, HARI, MCWHORTER, and MORRIS drove together in the rented pickup truck from Illinois to Bloomington, Minnesota, stopping along the way to purchase diesel fuel and gasoline, which the defendants mixed together in a plastic container.
As alleged in the indictment and a previously filed criminal complaint, in the early morning of August 5, 2017, MORRIS used a sledge hammer to break a window at the DAF Islamic Center and threw the plastic container containing the diesel fuel and gasoline mixture into the building. It is alleged that MCWHORTER then lit the fuse on the pipe bomb that HARI had built and threw the pipe bomb through the broken window at the DAF Islamic Center. According to the court documents, the window that was broken was part of the Imam’s office. When the pipe bomb exploded, it ignited the mixture in the plastic container, causing extensive fire and smoke damage to the Imam’s office. MCWHORTER and MORRIS returned to the pickup truck, where HARI was waiting, and sped off, driving back to Illinois.
As alleged in the previously filed criminal complaint, MCWHORTER said in reference to the DAF Islamic Center explosion, that the defendants did not intend to kill anyone, but they wanted to “scare [Muslims] out of the country” and to “show them hey, you’re not welcome here, get the [expletive] out.”
As alleged in the previously filed criminal complaint, on January 27, 2018, investigators received a tip from a confidential source with information about the three defendants and their involvement with the bombing at the DAF Islamic Center.
The Federal Bureau of Investigation is leading the investigation.
This case is being prosecuted by Assistant United States Attorneys Julie E. Allyn and John F. Docherty of the District of Minnesota, with assistance from Trial Attorney Timothy Visser of the Justice Department’s Civil Rights Division. The team is working in coordination with the U.S. Attorney’s Office in the Central District of Illinois.
Defendant Information:
MICHAEL HARI, 47
Clarence, Ill.
Charges:
- Intentionally Defacing, Damaging, and Destroying any Religious Real Property Because of the Religious Character of that Property, 1 count
- Intentionally Obstructing, and Attempting to Obstruct, by Force and the Threat of Force, the Free Exercise of Religious Beliefs, 1 count
- Conspiracy to Commit Federal Felonies by Means of Fire and Explosives, 1 count
- Carrying and Using a Destructive Device During and in Relation to Crimes of Violence, 1 count
- Possession of an unregistered destructive device, 1 count
MICHAEL MCWHORTER, 29
Clarence, Ill.
Charges:- Intentionally Defacing, Damaging, and Destroying any Religious Real Property Because of the Religious Character of that Property, 1 count
- Intentionally Obstructing, and Attempting to Obstruct, by Force and the Threat of Force, the Free Exercise of Religious Beliefs, 1 count
- Conspiracy to Commit Federal Felonies by Means of Fire and Explosives, 1 count
- Carrying and Using a Destructive Device During and in Relation to Crimes of Violence, 1 count
JOE MORRIS, 23
Clarence, Ill.
Charges:- Intentionally Defacing, Damaging, and Destroying any Religious Real Property Because of the Religious Character of that Property, 1 count
- Intentionally Obstructing, and Attempting to Obstruct, by Force and the Threat of Force, the Free Exercise of Religious Beliefs, 1 count
- Conspiracy to Commit Federal Felonies by Means of Fire and Explosives, 1 count
- Carrying and Using a Destructive Device During and in Relation to Crimes of Violence, 1 count
###
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
[1] The charges contained in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
[2] Superseding Indictment Adds New Charges Against Four East Central Illinois Men
Federal Charges Filed in Two Unrelated Bank Robbery CasesRead the Press Release
United States Attorney Erica H. MacDonald today announced federal charges in two separate bank robbery cases. JAYVON DOMINIQUE GANT, 27, was charged by complaint with one count of bank robbery and DAMIEN JAMES MCDONALD, 40, was charged by complaint with one count of bank robbery. MCDONALD made his initial appearance before Magistrate Judge Jon T. Huseby, in U.S. District Court in St. Paul, MN on June 18, 2018. GANT made his initial appearance before Magistrate Judge Becky R. Thorson in U.S. District Court in St. Paul, MN on June 8, 2018.
According to the complaint and a law enforcement affidavit filed with the Court, GANT is suspected of robbing five banks throughout the Twin Cities during May 2018. He is charged with robbing a sixth bank on June 7, 2018, in Bloomington, MN. Similar to the previous robberies, on June 7, 2018, GANT entered the Bloomington bank and handed the teller a note demanding money. After the teller handed GANT the money, GANT fled the bank on foot. This case is the result of an investigation conducted by the FBI Safe Streets Task Force, the Bloomington, Blaine, Fridley, Edina, Cottage Grove and Oakdale Police Departments.
According to a complaint and a law enforcement affidavit filed with the Court, on June 6, 2018, an Eagan branch of a credit union was robbed by an individual carrying a handgun. Surveillance videos capture the alleged bank robber stopping in front of the credit union in a Mazda CX-7 SUV then leaving in the same Mazda at the conclusion of the robbery. Upon execution of a search warrant at MCDONALD’s residence later that day, law enforcement recovered clothing that matched the clothing worn by the robber and thousands of dollars in cash hidden in the residence. Additionally, cash that matched marked bills from the credit union were found on MCDONALD. This case is the result of an investigation conducted by the FBI and Eagan Police Department.
These cases are being prosecuted by Assistant U.S. Attorney Charles J. Kovats.
Defendant Information:
JAYVON DOMINIQUE GANT, 27
Bloomington, Minn.
Charges:
- Bank robbery, 1 count
DAMIEN JAMES MCDONALD, 40
St. Paul, Minn.
Charges:
- Bank robbery (armed), 1 count
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The charges contained in the complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Erica MacDonald Takes Oath of Office as United States Attorney for the District of MinnesotaRead the Press Release
Erica H. MacDonald has taken the oath of office to become the United States Attorney for the District of Minnesota. U.S. Attorney MacDonald was nominated by President Donald Trump on April 10, 2018, and confirmed by the U.S. Senate on May 24, 2018. She took the oath of office from U.S. District Court Chief Judge John R. Tunheim this morning. She succeeds Gregory Brooker who has served as the United States Attorney since March 2017.
“It is truly an honor to return to this office and serve as United States Attorney,” said U.S. Attorney MacDonald. “I am looking forward to leading a team of dedicated professionals and working alongside our law enforcement partners in the pursuit of justice on behalf of all Minnesotans.”
As United States Attorney, Ms. MacDonald is the top-ranking federal law enforcement official in the District of Minnesota. She will oversee a staff of 99 employees, including 52 attorneys and 47 support personnel. The office is responsible for prosecuting federal crimes in the district, including crimes related to terrorism, firearms, narcotics, child exploitation, human trafficking, financial fraud, healthcare fraud, and public corruption. The office is also responsible for representing the United States in affirmative and defensive civil cases, as well as assisting communities throughout Minnesota in appropriate community-building efforts designed to enhance public safety.
Before taking office, U.S. Attorney MacDonald was a judge in Dakota County since 2009. Prior to her judgeship, from 2000-2009, U.S. Attorney MacDonald served as an Assistant U.S. Attorney for the Northern District of Illinois and for the District of Minnesota. She began her legal career in 1997 as a judicial clerk to Judge James Henry Alesia of the U.S. District Court in Chicago. She then joined the firm of Kirkland and Ellis in 1999.
U.S. Attorney MacDonald received her J.D. degree, with honors, from DePaul University College of Law, and her B.A. degree from the University of Notre Dame.
Upon taking office, U.S. Attorney MacDonald thanked Mr. Brooker for his continued and dedicated service to the office and to the Department of Justice.
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Twin Cities Construction Company Owner Pleads Guilty for Defrauding Investors Out of More Than $1 MillionRead the Press Release
United States Attorney Gregory G. Brooker announced the guilty plea of JESSE WELLS HAUG, 33, to one count of wire fraud. HAUG, who was charged in a superseding indictment on June 22, 2017, pleaded guilty yesterday before U.S. District Chief Judge John R. Tunheim in Minneapolis, Minnesota.
According to the defendant’s guilty plea and documents filed in court, HAUG is the owner of a Twin Cities-based construction company called 7-10 Services, LLC. From 2015 through the end of 2016, HAUG executed a scheme to defraud investors by falsely representing to them that he would use their money to purchase and renovate residential real estate, and, in exchange, he would share the profits when the properties were re-sold, or “flipped.”
According to the defendant’s guilty plea and documents filed in court, during the course of the scheme, HAUG obtained $880,000 from two victim-investors to purchase and renovate residential properties located throughout the Twin Cities. During the course of HAUG’S interactions with the victim-investors, HAUG false documentation showing how the investment money was being used, false information about upcoming real estate closings and re-sales of properties HAUG claimed to have flipped, as well as fictional documents showing “returns” from the so-called investment properties. In reality, HAUG spent the investment money on personal expenses and never purchased or sold any of the properties.
This case is the result of an investigation conducted by the FBI and the Minnesota Commerce Fraud Bureau.
Assistant United States Attorneys Kimberly A. Svendsen and Charles J. Kovats are prosecuting this case.
Defendant Information:
JESSE WELLS HAUG, 33
Rosemount, Minn.
Convicted:
- Wire fraud, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600Orono Business Man Pleads Guilty to Multi-Million Dollar Tax Fraud SchemeRead the Press Release
United States Attorney Gregory G. Brooker announced the guilty plea of SCOTT PHILLIP FLYNN, 55, to one count of conspiracy to defraud the United States and one count of filing a false tax return. FLYNN, who was initially charged on December 21, 2016, pleaded guilty yesterday before Senior U.S. District Judge Ann D. Montgomery in Minneapolis, Minnesota.
“Scott Flynn devised a complex fraud scheme by creating a labyrinth of business entities and layers of obfuscation to hide tens of millions of dollars from the IRS,” said Assistant U.S. Attorney David Maclaughlin. “Flynn generated his income using an alias name while hiding behind randomly-named Nevada-based companies titled in the name of his father. Flynn then sent the income he earned in this way to Australia to be held by nominees, and then repatriated the money indirectly, sometimes through Costa Rica. Flynn acknowledged at his plea hearing that he took these steps to defraud the Internal Revenue Service. Flynn’s scheme was animated by his desire to live a luxurious lifestyle unencumbered by income tax liabilities, a desire fulfilled by his purchase of a $2.7 million mansion in Orono with untaxed income repatriated through Costa Rica.”
“Conspiring with others to defraud the government with an elaborate stock scheme to underreport taxable income is unlawful and is also unfair to every taxpayer who obeys the law and pays their fair share,” stated Acting Special Agent in Charge Gabriel Grchan, St. Paul Field Office IRS Criminal Investigation. “Mr. Flynn's plea today serves as an important reminder that IRS-CI is committed to bringing to justice those who evade their income tax responsibilities.”
According to the defendant’s guilty plea and documents filed in court, between 2005 and 2015, FLYNN evaded the assessment of millions of dollars in income taxes by fraudulently hiding millions of shares of stock that he obtained for himself, his father, and entities they controlled (collectively, the “Flynn Group”). In 2006 and 2008, FLYNN assisted two privately-held Wisconsin-based companies, Tower Tech Systems, Inc. and Advanced Fiberglass Technologies, in becoming publicly traded through stock-for-stock “reverse merger” transactions. As compensation for FLYNN’S work, millions of shares of publicly-traded stock in the resulting public companies were transferred to “Integritas, Inc.” and “Diversified Equities Partners,” both of which were part of the Flynn Group. FLYNN, who exercised control over the stock, which had considerable value, was required to, but did not, report the receipt of the shares of stock as income on his individual income tax returns, or on the tax returns of members of the Flynn Group.
According to the defendant’s guilty plea and documents filed in court, in order to conceal his control and ownership of the stock, and to evade paying income taxes, FLYNN caused a portion of the stock to be put in the names of Australian nominees recruited by FLYNN’S co-conspirator, Steven Miotti. The Australian nominees, who never actually owned or controlled the stock, were directed to open brokerage accounts in the United States to receive the shares, but FLYNN possessed their login and password data so he could maintain control of the accounts and the shares of stock.
According to the defendant’s guilty plea and documents filed in court, during the course of the conspiracy, when FLYNN needed money, he caused the Australian nominees to sell shares of stock and transfer the proceeds to entities in the United States controlled by FLYNN, which in turn made payments to FLYNN or on his behalf. These sales generated millions of dollars in capital gains income, which FLYNN purposely failed to report to the IRS. For example, in 2007, FLYNN received approximately $2.7 million of the proceeds from the Australian nominees to buy a house in Orono, Minnesota, which was considered income to FLYNN. That year, in a tax return FLYNN acknowledged was materially false at his guilty plea hearing, FLYNN reported only $26,136 of total income. Throughout the course of the scheme, FLYNN concealed tens of millions of dollars in income and capital gains from the IRS and intentionally evaded the assessment of at least $3.5 million in income taxes.
This case is the result of an investigation conducted by the Criminal Investigation Division of the IRS.
Assistant United States Attorneys David J. Maclaughlin and Benjamin F. Langner are prosecuting this case.
Defendant Information:
SCOTT PHILLIP FLYNN, 55
Orono, Minn.
Convicted:
- Conspiracy to defraud the United States, 1 count
- False tax return, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600Hacker Known as “Vigilance” Arrested and Charged for Series of Cyber-Attacks on Minnesota State Government DatabasesRead the Press Release
United States Attorney Gregory G. Brooker today announced a five-count indictment charging CAMERON THOMAS CROWLEY, a/k/a “Vigilance,” 19, with intentional access to a protected computer, intentional damage to a protected computer, and aggravated identity theft. CROWLEY made his initial appearance earlier this afternoon before United States Magistrate Judge Becky R. Thorson in Saint Paul, Minnesota. CROWLEY will remain in federal custody pending his detention hearing.
According to the indictment, between May 28, 2017 and June 17, 2017, CROWLEY intentionally gained unauthorized access to protected computer servers owned by the State of Minnesota and other entities. CROWLEY also caused the transmission of programs, code, and commands to the protected computer servers, causing damages and a loss to the State of Minnesota of more than $5,000. The indictment also charges CROWLEY with one count of aggravated identity theft.
This case is the result of an investigation conducted by the FBI and the Minnesota Bureau of Criminal Apprehension.
Assistant U.S. Attorney Katharine T. Buzicky is prosecuting the case.
Defendant Information:
CAMERON THOMAS CROWLEY, a/k/a “Vigilance,” 19
Lino Lakes, Minn.
Charges:
- Intentional access to a protected computer, 3 counts
- Intentional damage to a protected computer, 1 count
- Aggravated identity theft, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Walmart, Sam’s Club to Pay $825,000 to Resolve Fraud Allegations Concerning Auto Refilling Medicaid PrescriptionsRead the Press Release
United States Attorney Gregory G. Brooker and Minnesota Attorney General Lori Swanson today announced that Wal-Mart Stores, Inc. and Sam’s West, Inc. (d/b/a Sam’s Club) have agreed to pay a total of $825,000 to resolve allegations that they violated the False Claims Act and Minnesota False Claims Act by submitting claims for payment to Minnesota’s Medicaid program in violation of rules prohibiting Medicaid prescriptions from being automatically refilled.
Minnesota’s Medicaid program, called Medical Assistance, is jointly funded by the federal government and State of Minnesota to provide health care to low-income Minnesotans. Along with at least 20 other states, Minnesota does not allow pharmacies to automatically refill prescriptions paid for by Medical Assistance without an explicit request from the beneficiary for each refill. This policy provides an important control against wasted or unnecessary prescriptions that are reimbursed by taxpayer funds.
According to the allegations in the amended complaint, Walmart and Sam’s Club pharmacies routinely enrolled Medical Assistance beneficiaries in the companies’ auto-refill program, and billed Medical Assistance for prescriptions in violation of state rules and regulations. In addition, according to the allegations, pharmacy employees reported the violation to company managers, yet Walmart and Sam’s Club continued to automatically refill Medical Assistance prescriptions.
U.S. Attorney Greg Brooker said, “Businesses that participate in federally and state funded healthcare programs have a responsibility to ensure compliance with the rules, specifically rules that are in place to avoid unused prescription medications and wasted taxpayer funds.”
“We are pleased to have worked with our federal partners in the U.S. Attorney’s Office to ensure that providers who participate in this health care safety net program fairly follow the rules,” said Minnesota Attorney General Lori Swanson.
Walmart and Sam’s Club will pay $412,500 to the federal government and $412,500 to the State of Minnesota to settle the claims.
In these civil settlements, Walmart and Sam’s Club have denied the allegations of wrongdoing and False Claims Act liability.
This settlement resolves allegations filed in a civil lawsuit originally brought by a whistleblower under the qui tam provisions of the federal False Claims Act and Minnesota False Claims Act, which allow private parties to bring suit on behalf of the government for false claims and to share in any recovery. The government often relies on whistleblowers to bring fraud schemes to light that might otherwise go undetected.
The case was handled by the Civil Division of the U.S. Attorney’s Office for the District of Minnesota and the Medicaid Fraud Control Unit of the Minnesota Attorney General’s Office, with substantial assistance provided by the Office of Inspector General of the U.S. Department of Health and Human Services.
The case is United States of America and the State of Minnesota ex rel. Ryan Mesaros v. Wal-Mart Stores, Inc., and Sam’s West, Inc. (d/b/a/ Sam’s Club), Civil No. 14-CV-3105 (DSD/LIB). The claims resolved by the settlement are allegations only; there has been no determination of liability.
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Michigan Man Charged with Multiple Counts of Heroin DistributionRead the Press Release
United States Attorney Gregory G. Brooker announced a federal indictment charging RAYMOND ANTHONY POOLE, 43, with multiple counts of heroin distribution. POOLE made his initial appearance on May 23, 2018, before Magistrate Judge Hildy Bowbeer in U.S. District Court in St. Paul, Minnesota.
According to the indictment, from April 1, 2016, through February 13, 2017, POOLE distributed and attempted to distribute more than 100 grams of heroin on the Leech Lake Indian Reservation.
This case is the result of an investigation conducted by the Leech Lake Tribal Police Department, the Paul Bunyan Drug Task Force, the Minnesota Bureau of Criminal Apprehension, the Bureau of Indian Affairs, the United States Postal Inspection Service, the Headwaters Safe Trails Task Force, and the Hennepin County Violent Offender Task Force.
Assistant United States Attorney Bradley M. Endicott is prosecuting this case.
Defendant Information:
RAYMOND ANTHONY POOLE, 43
Detroit, Mich.
Charges:
- Conspiracy to distribute heroin, 1 count
- Distribution of heroin, 5 counts
- Attempted distribution of heroin, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Leader of Rochester-Based Drug Trafficking Organization Sentenced to Twenty-Six Years in PrisonRead the Press Release
United States Attorney Gregory G. Brooker announced the sentencing of MARCO ANTONIO AVILA, 30, to 26 years in prison for his leadership role in a Rochester-based methamphetamine and cocaine distribution organization. AVILA, who pleaded guilty on May 30, 2017, was sentenced on May 21, 2018, by Judge Donovan W. Frank in United States District Court in Saint Paul, Minnesota.
According to the defendant’s guilty plea and documents filed in court, from December 2015 through June 2017, AVILA was the leader and facilitator of the Avila Drug Trafficking Organization (DTO), an extensive Rochester-based methamphetamine and cocaine distribution organization. AVILA’S connections served as the source of the supply of drugs, while AVILA managed the distribution and the profits. During this same time, AVILA’S DTO was also involved in an ongoing and violent shooting war with a rival drug trafficking organization in the Rochester area.
According to documents filed in court, on January 9, 2017, AVILA was indicted for his drug trafficking activities, and on May 28, 2017, he pleaded guilty to one count of conspiracy to distribute methamphetamine and cocaine. Following his guilty plea, while awaiting sentencing, AVILA was held in the Anoka County Adult Detention Facility. While in custody, between June 2017 and September 2017, AVILA continued to facilitate the supply and distribution of methamphetamine from inside the jail walls. AVILA was again charged on October 18, 2017, and on January 22, 2018, he pleaded guilty to a second count of conspiracy to distribute methamphetamine.
The separate prosecutions were the result of investigative efforts by the Bureau of Criminal Apprehension, the Southeast Minnesota Violent Crime Enforcement Team (SEMVCET), the Drug Enforcement Administration (DEA), the Anoka-Hennepin Drug Task Force, the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Rochester Police Department, the St. Paul Police Department, the Worthington Police Department, the Southeast Minnesota Narcotics & Gang Task Force (S.E.T.F.), and the Minnesota State Patrol.
Assistant U.S. Attorney Allen A. Slaughter is prosecuting the case.
Defendant Information:
MARCO ANTONIO AVILA, 30
San Jose, California
Convicted:
- Conspiracy to distribute methamphetamine and cocaine, 1 count
- Conspiracy to distribute methamphetamine, 1 count
Sentenced:
- 312 months in prison
- 10 years of supervised release
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Columbia Heights Restaurant Owner Pleads Guilty to Visa Fraud and Harboring an Illegal WorkerRead the Press Release
United States Attorney Gregory G. Brooker today announced the guilty plea of PISANU SUKHTIPYAROGE, a/k/a “Pat,” 71, owner of the Royal Orchid Restaurant, to one count of visa fraud and one count of alien harboring. SUKHTIPYAROGE entered his guilty plea earlier today before Judge Wilhelmina M. Wright in United States District Court in St. Paul, Minnesota.
“Pisanu Sukhtipyaroge has pleaded guilty to visa fraud and alien harboring and will now face sentencing,” said Special Agent in Charge Tracy J. Cormier, of HSI St. Paul. “HSI is proud of the work we’ve accomplished with the Anoka County Sheriff’s Office in this case and will continue to leverage our law enforcement partnerships to investigate and prosecute those who seek to exploit the most vulnerable in our communities.”
According to the defendant’s guilty plea and documents filed in court, in July 2015, SUKHTIPYAROGE assisted in the procurement of an F-1 student visa for an individual identified as A.M., a citizen of the Dominican Republic whom the defendant met and befriended. At the time, SUKHTIPYAROGE was very familiar with the F-1 student visa process and knew that an F-1 student visa is a temporary, non-immigrant visa that does not permit employment in the United States. SUKHTIPYAROGE used false statements in preparing the visa application and instructed A.M. as to what he should and should not say during the visa interview.
According to the defendant’s guilty plea and documents filed in court, October 15, 2015, upon arrival in the United States, A.M. lived with the defendant and the defendant’s family in Maplewood and attended Edison High School until May 2016. At some point during this time, A.M. began living and working at the Royal Orchid Restaurant in Columbia Heights. At the restaurant, A.M. was subjected to poor living and working conditions. SUKHTIPYAROGE told A.M. he would be paid $500 per month in cash for his labor; however, A.M. did not receive the promised pay each month, as SUKHTIPYAROGE deducted the costs incurred in bringing A.M. to the United States. A.M. also worked at SUKHTIPYAROGE’S home in Maplewood without pay. SUKHTIPYAROGE admitted to engaging in a sexual relationship with A.M. shortly after he brought A.M. to the United States.
SUKHTIPYAROGE has also been charged in Anoka County with one felony count of third degree criminal sexual conduct and one felony count of labor trafficking.
This case is the result of an investigation conducted by Homeland Security Investigations, the Anoka County Sheriff’s Office, U.S. Department of State Diplomatic Security Service, and U.S. Department of Labor Wage and Hour Division.
The District of Minnesota is one of six districts designated through a competitive, nationwide selection process as a Phase II Anti-Trafficking Coordination Team (ACTeam), through the interagency ACTeam Initiative of the Departments of Justice, Homeland Security and Labor. ACTeams focus on developing high-impact human trafficking investigations and prosecutions involving forced labor, international sex trafficking and sex trafficking by force, fraud or coercion through interagency collaboration among federal prosecutors and federal investigative agencies.
Assistant U.S. Attorneys Melinda A. Williams and Laura M. Provinzino are prosecuting the case.
Defendant Information:
PISANU SUKHTIPYAROGE, a/k/a “Pat,” 71
Maplewood, Minn.
Convicted:
- Visa fraud, 1 count
- Alien harboring, 1 count
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Eagan Man Sentenced to 25 Years in Federal Prison for Producing Pornographic Images of A Two-Year-Old GirlRead the Press Release
United States Attorney Gregory G. Brooker today announced the sentencing of ELLIS SCOTT TOOLES, 31, to 25 years in prison for production of child pornography. TOOLES, who pleaded guilty on May 12, 2017, to one count of production of child pornography, was sentenced earlier today before Judge Susan Richard Nelson in U.S. District Court in Duluth, Minnesota.
“This defendant is a dangerous predator who ruthlessly sought to harm children,” said U.S. Attorney Greg Brooker. “Although no amount of prison time will erase the horrific crimes that were committed, the sentence handed down today will hopefully provide some sense of justice for the victims and others impacted by this defendant’s evil acts.”
“The defendant admitted to attacking and perversely taking advantage of the most vulnerable and innocent member of society,” said FBI Special Agent in Charge Jill Sanborn. “Today’s sentence ensures that those victims will have the opportunity to grow up in a world where the defendant will not have the opportunity to harm anyone.”
According to the defendant’s guilty plea and documents filed in court, on February 14, 2016, TOOLES engaged in sexually explicit conduct with a two-year-old victim and used a cell phone to record and distribute a video and images of the encounter. TOOLES also produced sexually explicit images and videos of 17-year-old victim.
According to court documents, TOOLES was arrested for distributing drugs in the Duluth area in June 2016. Following the arrest, TOOLES reached out to friends and family in the Twin Cities and asked them to retrieve his cell phone so he could access the phone numbers of certain individuals to help him post bail. While TOOLES’S friends and family accessed the phone, they uncovered the horrific video of TOOLES with an infant child in diapers, along with other sexually explicit text messages demonstrating the defendant’s clear intent to harm children. The friends and family turned the phone over to law enforcement.
This case is the result of an investigation led by the FBI, with assistance from the Eagan Police Department, the Apple Valley Police Department, the Burnsville Police Department, the Duluth Police Department, the Saint Louis County Attorney’s Office, and the Dakota County Attorney’s Office.
Assistant United States Attorney Laura M. Provinzino prosecuted the case.
Defendant Information:
ELLIS SCOTT TOOLES, 31
Eagan, Minn.
Convicted:
- Production of child pornography, 1 count
Sentenced:
- 300 months in prison
- 15 years of supervised release
- $5,000 in restitution
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New Mexico Man Sentenced to 15 Years in Prison for Directing Computer Attacks Against Websites of Dozens of Victims and for Firearms ChargesRead the Press Release
A New Mexico man was sentenced yesterday in St. Paul, Minnesota, for directing computer attacks against the websites of his prior employers, business competitors, law enforcement, and the Minnesota State Courts system, as well as for felon-in-possession of a firearm charges. Acting Assistant Attorney General John P. Cronan of the Department of Justice’s Criminal Division; United States Attorney Gregory G. Brooker of the District of Minnesota; and Special Agent in Charge Jill Sanborn of the Federal Bureau of Investigation-Minneapolis Field Office made the announcement.
JOHN KELSEY GAMMELL was sentenced to serve 15 years in prison by District Judge Wilhelmina M. Wright of the District of Minnesota. GAMMELL pleaded guilty on January 17, 2018, to one count of conspiracy to cause intentional damage to a protected computer and two counts of being a felon-in-possession of a firearm.
“Gammell’s attacks on the websites of his victims had real consequences to small businesses, educational institutions, government entities, and others - for no reason other than that Gammell wanted to cause them harm,” said Assistant United States Attorney Timothy Rank. “Gammell used his technical knowledge and the internet’s cloak of anonymity to commit his crimes, all while knowing the damage he was causing and believing he would never be caught. Because of the FBI’s excellent investigation, he was wrong, and today's sentence sends a strong message of deterrence to others who consider committing similar crimes.”
According to admissions made in connection with his plea, from at least in or about July 2015 through in or about March 2017, GAMMELL engaged in a campaign of distributed denial of service (DDoS) attacks on websites throughout the United States. A DDoS attack is a malicious attempt to disable or interrupt service to a computer or website, usually by causing large amounts of Internet traffic to be directed to the computer or website. GAMMELL directed DDoS attacks at a number of victims’ websites, including websites operated by companies for which he worked previously, companies that declined to hire him, competitors of his business, and websites for law enforcement agencies and courts, among others.
GAMMELL admitted that he caused DDoS attacks by using computer programs on his own computers, as well as by directing “DDoS-for-hire” companies, from which he purchased services, to launch the DDoS attacks. He initiated attacks using these DDoS-for-hire companies against dozens of victims, including but not limited to Washburn Computer Group, the Minnesota State Courts, Dakota County Technical College, Minneapolis Community and Technical College, Hennepin County, and others. GAMMELL took a variety of steps to avoid detection and circumvent his victims’ DDoS attack mitigation efforts, such as using IP address anonymization services to mask his identity and location, using cryptocurrency in payment for DDoS-for-hire services, using multiple DDoS-for-hire services simultaneously to amplify his attacks, using spoofed emails to conceal his conduct, and using encryption and drive-cleaning tools to conceal digital evidence of his conduct on his computers.
GAMMELL, who is a convicted felon, also admitted that while living and working a temporary job in Colorado, he possessed parts for use in the building of AR-15 assault rifles, including upper and lower receivers, a pistol grip, a trigger guard, 15 high-capacity magazines, a buttstock, a buffer tube, as well as 420 rounds of 5.56 x 45mm full metal jacket rifle ammunition. He further admitted that he possessed a Heckler & Koch P2000 handgun; a Springfield Armory model 1911-A1, .45 caliber handgun; as well as hundreds of rounds of ammunition in New Mexico, where he had his permanent residence.
This case was investigated by the FBI’s Minneapolis Field Office.
Assistant U.S. Attorney Timothy C. Rank of the District of Minnesota and Trial Attorney Aaron R. Cooper of the Criminal Division’s Computer Crime and Intellectual Property Section prosecuted the case. The U.S. Attorney’s Offices for the District of Colorado and the District of New Mexico also provided substantial assistance in this matter.
Defendant Information:
JOHN KELSEY GAMMELL, 55
Las Cruces, N.M.
Convicted:
- Conspiracy to commit intentional damage to a protected computer, 1 count
- Felon in possession of a firearm, 2 counts
Sentenced:
- 180 months in prison
- Five years of supervised release
- Restitution amount will be determined at a later date
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Red Lake Man Sentenced to 236 Months in Prison for MurderRead the Press Release
United States Attorney Gregory G. Brooker announced the sentencing of JOSHUA FRANCIS HILL, 20, to 236 months in prison for the murder of a minor victim on the Red Lake Indian Reservation. HILL, who pleaded guilty on January 19, 2018, was sentenced on May 15, 2018, before Senior Judge Paul A. Magnuson in U.S. District Court in Saint Paul, Minnesota.
According to the defendant’s guilty plea and documents filed in court, on June 25, 2017, law enforcement officers responded to a call reporting a deceased male subject at a private residence on the Red Lake Indian Reservation. When law enforcement officers arrived on the scene, they found the body of a deceased juvenile male who was the apparent victim of a fatal gunshot wound.
According to the defendant’s guilty plea and documents filed in court, on the day of the shooting, HILL was feuding with the victim over a stolen Playstation 3. HILL shot and killed the victim with a .308 rifle that HILL had in his possession leading up to the shooting. Following the shooting, on June 27, 2017, HILL asked two individuals to dispose of the rifle for him. Law enforcement agents recovered the rifle, which was consistent with a witness description of the rifle HILL was seen handling the day of the shooting.
This case was the result of an investigation conducted by the Red Lake Tribal Police Department and the FBI Headwaters Safe Trails Task Force.
Assistant U.S. Attorney Clifford B. Wardlaw prosecuted this case.
Defendant Information:
JOSHUA FRANCIS HILL, 20
Red Lake, Minn.
Convicted:
- Murder in the second degree, 1 count
Sentenced:
- 236 months in prison
- Five years of supervised release
###
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
New Mexico Man Sentenced to 15 Years in Prison for Directing Computer Attacks Against Websites of Dozens of Victims and Felon-In-Possession ChargesRead the Press Release
A New Mexico man was sentenced today in St. Paul, Minnesota, for directing computer attacks against the websites of his prior employers, business competitors and public services, and felon-in-possession of a firearm charges. Acting Assistant Attorney General John P. Cronan of the Department of Justice’s Criminal Division; United States Attorney Gregory G. Brooker of the District of Minnesota; and Special Agent in Charge Jill Sanborn of the Federal Bureau of Investigation-Minneapolis Field Office made the announcement.
John Kelsey Gammell was sentenced to serve 180 months in prison by U.S. District Judge Wilhelmina M. Wright of the District of Minnesota. Restitution to the victims of his computer attacks will be determined at a later date. Gammell pleaded guilty on Jan. 17, to one count of conspiracy to cause intentional damage to a protected computer and two counts of being a felon-in-possession of a firearm.
According to admissions made in connection with his plea, from at least in or about July 2015 through in or about March 2017, Gammell engaged in a campaign of distributed denial of service (DDoS) attacks on websites throughout the United States. A DDoS attack is a malicious attempt to disable or interrupt service to a computer or website, usually by causing large amounts of Internet traffic to be directed to the computer or website. Gammell directed DDoS attacks at a number of victims’ websites, including websites operated by companies he used to work for, companies that declined to hire him, competitors of his business, and websites for law enforcement agencies and courts, among others.
Gammell admitted that he caused DDoS attacks by using computer programs on his own computers, as well as by directing “DDoS-for-hire” companies from which he purchased services to launch the DDoS attacks. Gammell purchased subscriptions to multiple DDoS-for-hire companies, including VDoS, CStress, Inboot, Booter.xyz, and IPStresser. He initiated attacks using these DDoS-for-hire companies against dozens of victims, including but not limited to Washburn Computer Group, the Minnesota State Courts, Dakota County Technical College, Minneapolis Community and Technical College, the Hennepin County Sheriff’s Office, and others. Gammell took a variety of steps to avoid detection and circumvent his victims’ DDoS attack mitigation efforts, such as using IP address anonymization services to mask his identity and location, using cryptocurrency in payment for DDoS-for-hire services, using multiple DDoS-for-hire services at once to amplify his attacks, using spoofed emails to conceal his conduct, and using encryption and drive-cleaning tools to conceal digital evidence of his conduct on his computers.
Gammell, who is a convicted felon, also admitted that he possessed parts for use in the building of AR-15 assault rifles, upper and lower receivers, a pistol grip, a trigger guard, 15 high-capacity magazines, a buttstock, a buffer tube, and 420 rounds of 5.56 x 45mm full metal jacket rifle ammunition in Colorado, where he worked. He further admitted that he possessed a Heckler & Koch P2000 handgun, and a Springfield Armory model 1911-A1, .45 caliber handgun, as well as hundreds of rounds of ammunition in New Mexico, where he resided.
This case was investigated by the FBI’s Minneapolis Field Office. Trial Attorney Aaron R. Cooper of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Timothy C. Rank of the District of Minnesota are prosecuting the case. The U.S. Attorney’s Offices for the District of Colorado and the District of New Mexico also provided substantial assistance in this matter.
Major Twin Cities Drug Trafficker Sentenced to 25 Years in PrisonRead the Press Release
United States Attorney Gregory G. Brooker today announced the sentencing of ALEJANDRO LLAMAS-DELGADO, 24, to 25 years in prison for methamphetamine and cocaine trafficking-related offenses. On December 20, 2017, LLAMAS-DELGADO and his two coconspirators, GREGORIO RAMIREZ-MALDONADO, 28, and ERICK PARRA-SALAZAR, 24, were found guilty by a federal jury of conspiracy to distribute controlled substances, and possession with intent to distribute cocaine. RAMIREZ-MALDONADO was sentenced on April 30, 2018, to 63 months in prison; PARRA-SALAZAR is scheduled to be sentenced in U.S. District Court on May 11, 2018. In July 2017, codefendant COLIN BLAIR MCAFEE, 47, pleaded guilty to one count of possession with intent to distribute cocaine and was sentenced to 37 months in prison.
Assistant United States Attorney Thomas M. Hollenhorst stated, “Llamas-Delgado’s arrest and conviction played a significant role in disrupting a major drug trafficking organization responsible for the distribution of hundreds of pounds of cocaine and methamphetamine in the State of Minnesota over a three-year period. The 25 year prison sentence imposed by the Court is a just consequence of this defendant’s crimes.”
As proven at trial, from 2014 through May 2017, LLAMAS-DELGADO led and operated a drug trafficking organization responsible for transporting and distributing methamphetamine and cocaine from Texas and California into Minnesota. RAMIREZ-MALDONADO and PARRA-SALAZAR assisted LLAMAS-DELGADO by transporting approximately two kilograms of cocaine from Texas to the Twin Cities.
As proven at trial, in June 2014, law enforcement agents in California seized approximately 17 pounds of cocaine and 25 pounds of methamphetamine concealed in hidden compartments under the front seats of a 2005 Mini-Cooper that had been loaded onto a vehicle transport carrier destined for LLAMAS-DELGADO in the Twin Cities area. During the spring of 2017, law enforcement agents in the Twin Cities area conducted surveillance of LLAMAS-DELGADO and his coconspirators that revealed multiple residences linked to the conspiracy’s drug trafficking activities. On May 15, 2017, law enforcement agents conducted simultaneous searches of several residences, resulting in the seizure of more than $40,000 in cash, 28 pounds of marijuana, over 750 grams of cocaine, a firearm, and other drug trafficking paraphernalia.
This case was the result of an investigation by the U.S. Drug Enforcement Administration, Orono Police Department, Riverside County Sheriff’s Office (California), Albertville Police Department, Brooklyn Center Police Department, Wright County Sheriff’s Office, Hennepin County Sheriff’s Office, the Minnesota State Patrol, and the California Highway Patrol.
Assistant U.S. Attorneys Thomas M. Hollenhorst and Sarah E. Hudleston prosecuted this case.
Defendant Information:
ALEJANDRO LLAMAS-DELGADO, 24
Brooklyn Center, Minn.
Convicted:
- Conspiracy to distribute methamphetamine and cocaine, 1 count
- Possession with intent to distribute cocaine, 1 count
Sentenced:
- 300 months in prison
- Five years of supervised release
GREGORIO RAMIREZ-MALDONADO, 28
Houston, Texas
Convicted:
- Conspiracy to distribute cocaine, 1 count
- Possession with intent to distribute cocaine, 1 count
Sentenced:
- 63 months in prison
- Four years of supervised release
ERICK PARRA-SALAZAR, 24
Houston, Texas
Convicted:
- Conspiracy to distribute cocaine, 1 count
- Possession with intent to distribute cocaine, 1 count
COLIN BLAIR MCAFEE, 47
Brooklyn Park, Minn.
Convicted:
- Possession with intent to distribute cocaine, 1 count
Sentenced:
- 37 months in prison
- Three years of supervised release
###
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United States Attorney’s Office, District of Minnesota: (612) 664-5600