Eastern District of New York

Earlier today, in federal court in Central Islip, United States District Judge Joanna Seybert sentenced Robert Fehring to 30 months in prison for mailing more than 60 letters to LGBTQ+ affiliated individuals, organizations and businesses, many of which contained threats to kill, shoot, and bomb the recipients.  Fehring pleaded guilty to the charge in February 2022.

Breon Peace, United States Attorney for the Eastern District of New York and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Rodney K. Harrison, Commissioner, Suffolk County Police Department (SCPD) announced the sentence.

“There is no room for hate in the Eastern District of New York. Today’s sentence makes clear that threats to kill and commit acts of violence against the LGBTQ+ community will be met with significant punishment,” stated United States Attorney Peace.  “We will use the full power of our office to bring to justice those who threaten to kill or hurt people because of who they are, and to ensure everyone in our district is able to live authentically, safely and in peace.”

United States Attorney Peace also expressed his gratitude to the Suffolk County District Attorney’s Office for their assistance in the investigation.    

“Robert Fehring made heinous threats against members of the LGBTQ+ community in locations throughout New York, including Suffolk County, for nearly eight years,” Suffolk County Police Commissioner Harrison said. “Thanks to the tireless efforts of our department’s Hate Crimes Unit detectives and the diligent work of our law enforcement partners, Fehring is being held accountable for his crimes. This sentence reiterates that hate and intolerance have no place in Suffolk County.” 

As set forth in the court filings and today’s proceeding, from at least 2013 to 2021, Fehring sent letters threatening violence to individuals associated with the LGBTQ+ community.  In those letters, Fehring threatened to, among other things, use firearms and explosives against the recipients.  Two such letters threatened that there would be an attack on an LGBTQ+ event in Huntington, New York that would be like the 2013 Boston Marathon bombing.  Another letter threatened that radio-controlled explosives would be planted at a beach club in Long Beach, New York that had hosted a LGBTQ+ event.  In another letter sent in June 2018, Fehring threatened the operators of a water ferry service from Sayville to Fire Island, New York that they should “screen everyone coming on board with a metal detector” and that “a thorough search of your boats would be in order.”

Fehring also sent a threatening letter to the owners of the Stonewall Inn in Manhattan and an African American-owned barbershop affiliated with the LGTBQ+ community in Brooklyn.  The letter to the Stonewall Inn stated, “we will blow up/burn your establishments down.  We will shoot those who frequent your dens of [expletives].”  The letter to the barbershop purported to be from “People Who Hate Gays ... and In Particular [n-word] Gays and stated, “your shop is the perfect place for a bombing ... or beating the scum that frequents your den of [expletive] into a bloody pool of steaming flesh.” 

On November 18, 2021, the FBI Civil Rights Squad and the New York Joint Terrorism Task Force executed a search warrant at Fehring’s home in Bayport, New York, and recovered copies of letters containing threats, supplies used to mail threatening letters, 20 LGBTQ+ Pride flags that were stolen from flagpoles in Sayville, New York in July 2021, and reconnaissance-style photographs from the Eisenhower Park Pride event.  The FBI also recovered electronic devices owned by Fehring that contained internet searches for Fehring’s victims and related LGBTQ+ affiliated events and businesses.  Law enforcement officers also recovered from Fehring’s residence two loaded shotguns, hundreds of rounds of ammunition, two stun guns, and a stamped envelope addressed to an LGBTQ+ affiliated attorney containing the remains of a dead bird.

At Fehring’s sentencing hearing, six victims addressed the Court and described the fear that Fehring’s threats instilled in them. 

The government’s case is being handled by the Office’s National Security and Cybercrime Section, Civil Rights Section, and Long Island Criminal Division. Assistant United States Attorneys Francisco J. Navarro, Rachel A. Bennek, and Andrew P. Wenzel are in charge of the prosecution.

The Defendant:

ROBERT FEHRING
Age:  74
Bayport, New York

E.D.N.Y. Docket No. 22-CR-059

A criminal complaint was unsealed today in federal court in Brooklyn charging Jeremy Monk, a former correctional officer employed by the United States Bureau of Prisons (BOP), with attempting to provide contraband to prison inmates at the Metropolitan Detention Center (MDC) in Brooklyn.  Monk was arrested this morning, and his initial appearance is scheduled for this afternoon before United States Magistrate Judge Vera M. Scanlon.

Breon Peace, United States Attorney for the Eastern District of New York, Ryan T. Geach, Special Agent-in-Charge, United States Department of Justice, Office of Inspector General (DOJ-OIG), and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges.

“As alleged, the defendant violated his oath and duty as a correctional officer by smuggling narcotics into the Metropolitan Detention Center,” stated United States Attorney Peace.  “This Office, together with our law enforcement partners, are committed to maintaining the safety for incarcerated individuals and BOP employees, and will prosecute those who act as conduits for contraband into a correctional facility.” 

“Monk allegedly smuggled drugs into the prison, creating a dangerous environment for his fellow correctional officers, inmates, and the public.  The Department of Justice Office of the Inspector General will continue to investigate and uncover these kinds of bribery schemes,” stated DOJ-OIG Special Agent-in-Charge Geach.

“As alleged, Mr. Monk put both his fellow corrections officers and the Metropolitan Detention Center’s inmate population at risk by engaging in a scheme to smuggle contraband, including illegal drugs, into the facility. As law enforcement officials, we all take an oath to uphold the law and protect our nation. Mr. Monk chose to violate that oath, and he will now face justice for the crimes we allege he committed,” FBI Special Agent-in-Charge Driscoll.

As alleged in the complaint, Monk worked as a correctional officer at the MDC from May 2020 until he resigned on April 18, 2022.  Three days before he resigned, on April 15, 2022, MDC staff learned that Monk was supposed to be paid $10,000 by inmates to smuggle contraband, specifically drugs, alcohol, and tobacco, into the MDC and leave it in a staff restroom.  That afternoon, Monk went to the staff restroom consistent with the information MDC staff received.  After Monk left the restroom, MDC staff secured and searched the location and found more than nine ounces of marijuana hidden on a shelf under cleaning materials. Prior to reporting to work on April 18, 2022, Monk called the MDC’s Human Resources department and stated that he wanted to immediately resign. When asked why he was resigning, the defendant stated, in sum and substance, because of “some stupid investigation.”

As alleged, Monk had also smuggled contraband into the MDC on prior occasions.  On December 5, 2020, the MDC staff members conducted a search of the cell of an incarcerated individual (Inmate-1) due to the odor of marijuana coming from his cell.  Although no marijuana was found, the MDC staff recovered a cellular telephone, which is also contraband in a correctional facility.  Financial records show that three days before the MDC staff recovered the cellular telephone, an associate of Inmate‑1 attempted to pay Monk for smuggling the contraband via Cash App seven times in amounts ranging from $750 to $4,000. All seven transactions were blocked by Cash App. 

The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty.  If convicted, Monk faces a maximum sentence of five years’ imprisonment. 

The government’s case is being handled by the Office’s Public Integrity Section.  Assistant United States Attorneys Olatokunbo Olaniyan and Philip Pilmar are in charge of the prosecution. 

The Defendant:

JEREMY MONK
Age:  31
Brooklyn, New York

E.D.N.Y. Docket No. 22-MJ-805

Earlier today, in federal court in Brooklyn, Lee Cohen, a citizen of the United Kingdom, pleaded guilty to conspiracy to commit securities fraud for his role in a scheme to manipulate the price and trading volume of HD View, 360, Inc. (HDVW), a publicly traded company that purported to distribute and install security surveillance systems.  In connection with his plea, Cohen also admitted that he agreed to launder money that was purported to be the proceeds of similar securities fraud schemes.  The proceeding was held before United States District Judge Kiyo A. Matsumoto.  When sentenced, Cohen faces up to five years in prison.

Breon Peace, United States Attorney for the Eastern District of New York, and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI) announced the guilty plea.

“Cohen ran his scam from a ‘boiler room’ more than 8,000 miles from the federal courtroom in Brooklyn where he pleaded guilty today to defrauding investors, proving that distance will never protect criminals from the reach of our Office’s outstanding attorneys and FBI Special Agents who brought the defendant to justice,” stated United States Attorney Peace.

Mr. Peace thanked the United States Securities and Exchange Commission, New York Regional Office and Washington, D.C. Office, for their assistance in the case. 

As set forth in court filings, Cohen operated a self-described “boiler room” in the Philippines.  Cohen and his co-conspirators used the boiler room to defraud investors and potential investors in HDVW by inducing investors to buy HDVW shares at particular prices.  At the same time, Cohen coordinated with a co-conspirator who controlled the majority of HDVW’s shares, then sold the shares for a profit.  During the scheme, over 1,000 investors purchased shares of HDVW and lost more than $1.2 million.   

In July 2022, Mr. Peace was selected as the Chairperson of the White Collar Fraud subcommittee for the Attorney General’s Advisory Committee (AGAC).  As the leader of the subcommittee, Mr. Peace will play a key role in making recommendations to the AGAC to facilitate the prevention, investigation and prosecution of various financially motivated, non-violent crimes including mail and wire fraud, bank fraud, health care fraud, tax fraud, securities and commodities fraud, and identity theft. 

The government’s case is being handled by the Office’s Business and Securities Fraud Section.  Assistant United States Attorneys David Gopstein and Nicholas J. Moscow are in charge on the prosecution. 

The Defendant:

LEE COHEN
Age:  52
Manila, Philippines

E.D.N.Y. Docket No. 22-CR-209 (KAM)

Earlier today, in federal court in Brooklyn, Donnell Russell pleaded guilty to interstate stalking for his participation in a scheme to harass, intimidate, and cause substantial emotional distress to Jane Doe, a victim in the racketeering case against Robert Sylvester Kelly, also known as “R. Kelly,” and Jane Doe’s mother.  The proceeding was held before United States District Judge Ann M. Donnelly.  When sentenced, Russell faces a maximum sentence of five years’ imprisonment. 

Breon Peace, United States Attorney for the Eastern District of New York, and Ricky J. Patel, Acting Special Agent-in-Charge, Homeland Security Investigations, New York (HSI), announced the guilty plea.

“Russell used threats, harassment and intimidation in a deliberate effort to silence one of R. Kelly’s victims and prevent her voice from being heard,” stated United States Attorney Peace.  “When his initial effort failed, he continued his vile campaign by sending threatening messages to Jane Doe and her mother, and publishing explicit photos of the victim on the internet before and after Kelly was indicted.  As this prosecution makes clear, the defendant’s conduct was not only reprehensible, but it was also criminal and will not be tolerated.” 

“Through the use of intimidation tactics, Russell repeatedly and purposefully worked to silence ‘Jane Doe’ from revealing the emotional and physical trauma inflicted on her by R Kelly and his associates. Despite multiple threats, Russell ultimately failed in his efforts and will now face the consequences of his despicable behavior,” said HSI Acting Special Agent-in-Charge Patel. “HSI will continue to work together with our partners to support and empower survivors of abuse and exploitation to come forward and speak out against their abusers.”

Between November 2018 and February 2020, Russell, a self-described manager, advisor and friend of Kelly, used the mail, phones and the internet to harass and intimidate Jane Doe, a victim in the Kelly case, and her mother after Jane Doe filed a civil lawsuit against R. Kelly.  Specifically, Russell threatened to reveal sexually explicit photographs of Jane Doe and to publicly reveal her sexual history if she did not withdraw her lawsuit against Kelly and “cease her participation and association with the organizers” of a “negative campaign” against Kelly.  In November 2018, Russell caused a letter, with attachments, purportedly written by Kelly to be mailed to Jane Doe’s Brooklyn-based lawyer at the time.  The attachments included cropped nude photographs of Jane Doe with the following text: “the next two pictures have been cropped for the sake of not exposing her extremities to the world, yet!!!”  In December 2018, Russell, using his alias “Colon Dunn,” sent a series of text messages to Jane Doe and her mother, which contained the same photographs of Jane Doe, and stating, “Just a sample.  We will seek criminal charges.  You’ve been warned,” as well as “Publishing soon” and “[T]his is Colon.”   

On January 3, 2019, Russell sent additional text messages to Jane Doe and her mother, stating, “Pull the plug or you will be exposed.”  On January 6, 2019, Russell, using the Colon Dunn alias, created a Facebook Page named “Surviving Lies,” a play on the title of Lifetime’s “Surviving R Kelly” documentary, and posted screen shots of text messages between Kelly and Jane Doe, which contained the same sexually explicit photographs of Jane Doe.  In late January 2020, Russell appeared on two live interviews with “vloggers” supporting Kelly discussing Kelly’s legal troubles, which were streamed live on the internet via YouTube.  Russell again displayed the same sexually explicit photographs of Jane Doe and broadcast them publicly over the internet.  

The government’s case is being handled by the Office’s Civil Rights Section. Assistant United States Attorneys Nadia I. Shihata and Anna Karamigios are in charge of the prosecution. 

The Defendant:

DONNELL RUSSELL (also known as “Don Russell” and “Colon Dunn”)
Age:  47
Chicago, IL

E.D.N.Y. Docket No. 20-CR-427 (AMD)

Earlier today, in federal court in Brooklyn, Steven Bynum was sentenced by United States District Judge Ann M. Donnelly to 18 years in prison for possessing, brandishing, and discharging a firearm in furtherance of a drug distribution conspiracy.  On September 10, 2017, Bynum shot and wounded a pregnant innocent bystander in the head leaving the victim severely disabled after firing a handgun into a group of people.  Bynum pleaded guilty to the charges in February 2020.

Breon Peace, United States Attorney for the Eastern District of New York, John B. Devito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Field Division (ATF), and Keechant L. Sewell, Commissioner, New York City Police Department (NYPD), announced the sentence.

“Today’s sentence holds the defendant accountable for his callous and wanton disregard for human life and safety in opening fire and shooting a pregnant bystander in the head, causing her permanent paralysis,” stated United States Attorney Peace. “This Office and its law enforcement partners are deeply committed to protecting residents in our communities from the dangers of senseless gun violence and to ensuring that defendants like Bynum are prosecuted and punished for their heinous acts.” 

“Today’s sentencing of a violent criminal shows the steadfast commitment by ATF to identify and bring to justice those who commit any act of violence in our communities” stated ATF Special Agent-in-Charge Devito.  “The defendant’s vile actions and disregard for human life left a mother paralyzed and threatened the life of her unborn child. Thanks to the efforts of the ATF/NYPD Sparta Task Force, this defendant will no longer be able to commit willful acts of violence and prey upon the citizens we have sworn to protect.”

“Gun violence has absolutely no place in New York City,” stated NYPD Commissioner Sewell.  “The NYPD, working in tandem with our law enforcement partners, is relentless in its pursuit of the very few people in our city who are responsible for the majority of the violence.  Today’s sentencing sends a strong message that this behavior will never be tolerated in New York City, and that anyone reckless enough to pick up and use an illegal gun here will face the full consequences of their actions.  I commend the NYPD investigators, the members of ATF, and the U.S. Attorney for the Eastern District of New York – whose collective efforts resulted in this arrest, conviction, and meaningful prison sentence.”

According to court documents, in early 2017, Bynum stole drugs from a rival drug dealer (Individual 1) and then distributed those drugs at the Kingsborough Houses in Crown Heights.  In June 2017, Individual 1 retaliated against Bynum for the theft by assaulting Bynum near the Kingsborough Houses.  On September 10, 2017, Bynum drove a rental car to the vicinity of 2070 Dean Street in East New York to retaliate against Individual 1.  Bynum located Individual 1 standing with a group of people, including a pregnant bystander (“Victim”) who lived in the neighborhood.  Bynum circled the block, slowed his vehicle, and fired multiple shots from an illegally possessed 9mm handgun at the group.  Bynum’s shots missed Individual 1 and instead hit the five-month pregnant Victim twice in the head.  The Victim underwent multiple surgeries and spent over two months in the hospital recovering from her wounds.  As a result of the shooting, the Victim is permanently paralyzed on her right side, has cognitive and speaking impediments, and suffers from other serious medical issues.  The Victim’s baby was born two months’ prematurely but survived.

This case was brought as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  As part of the program, U.S. Attorneys’ Offices work in partnership with federal, state, local and tribal law enforcement and their local communities to develop effective, locally based strategies to reduce violent crime.

Assistant United States Attorney Francisco J. Navarro is in charge of the prosecution.

The Defendant:

STEVEN BYNUM (also known as “Nitty”)
Age:  40
Brooklyn, New York

E.D.N.Y. Docket No. 19-CR-255 (AMD)

Earlier today, in federal court in Brooklyn, Davis Burgos-Collazo was convicted by a jury of attempting to sexually exploit five children, two counts of distributing child pornography, accessing child pornography with intent to view it, and committing a felony sexual offense involving minors while being a registered sex offender.  The verdict was returned after a one-week trial before United States District Judge Pamela K. Chen.  When sentenced, the defendant faces up to life in prison.

Breon Peace, United States Attorney for the Eastern District of New York, and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the verdict.

“The defendant, a registered sex offender who deviously portrayed himself as a modeling scout to lure victims, repeatedly victimized minors without regard for the profound harm he was causing them.  With today’s verdict, he now faces the consequences necessary to protect the community from this serial predator,” stated United States Attorney Peace. “I urge parents and caregivers to remain vigilant about the importance of educating our children about the dangers of communicating online with strangers.”

Mr. Peace thanked the FBI-NYPD Child Exploitation and Human Trafficking Task Force for their work on the case.

“Burgos’s conviction illustrates how vulnerable our children are to sexual predators.  The heartbreaking pleas from one of his victims to be left alone should shock parents and guardians. Please talk with children about the dangers they can face online, and tell them they can ask for help if they face a similar situation,” stated FBI Assistant Director-in-Charge Driscoll.

As proven at trial, in 2020, Burgos-Collazo used at least 26 Instagram accounts to attempt to sexually exploit children as young as nine-years-old.  The defendant enticed the victims by pretending to be a modeling scout and by using accounts with names like “future models” and “preteen beauty pics.”  In addition, after the defendant had coerced one victim into performing live sex acts for him on Instagram and she pleaded with him to leave her alone, he threatened to post a naked picture of the 10-year-old child online for her friends to see.  The FBI recovered over 100 photos and videos of child pornography on the defendant’s phone.  Burgos committed the crimes while he was a registered sex offender. In March 2006, he was convicted of raping a seven-year-old minor and attempting to sexually assault two other minors, ages 9 and 11.

This prosecution is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices, 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

The government’s case is being prosecuted by Assistant United States Attorneys Rachel A. Bennek and John O. Enright, with assistance from paralegal specialists Anna November and Shivani Parshad.

The Defendant:

DAVIS BURGOS-COLLAZO
Age:  43
Jamaica, New York

E.D.N.Y. Docket No. 20-CR-492 (PKC)

今天，布鲁克林联邦法院公布了一份刑事控告书，指控 Sherry Xue Li 和 Lianbo Wang 犯有电信欺诈共谋罪、洗钱共谋罪以及因妨碍联邦选举委员会 (FEC) 实行竞选财务法而犯有共谋欺诈美国政府罪。Li 和 Wang 均是归化美国公民，今天早些时候在纽约牡蛎湾被捕，他们首次出庭安排在纽约布鲁克林的美国联邦法院，由美国治安法官 Ramon E. Reyes, Jr. 法官审判。

纽约东区美国联邦检察官 Breon Peace；联邦调查局 (FBI) 纽约办事处副主任 Michael J. Driscoll；美国国土安全部纽约国土安全局 (HSI) 代理特别行动署署长 Ricky J. Patel；以及美国国家税务局纽约刑事调查局 (IRS-CI) 特别行动署署长 Thomas Fattorusso 宣布了逮捕和 指控。

美国联邦检察官 Peace 表示：“正如指控，被告通过谎报他们的虚构项目得到了知名政要的支持，诱使受害者投资一个欺诈性骗局。被告以自己的名义向政治竞选活动非法提供外国资金，并邀请外籍人士作为他们的客人参加筹资活动，进而通过出售结识美国政要的渠道，实施了这一欺诈行为。本办公室致力于保护我们的民主进程不受非法外国势力的影响，保护投资者不会被掠夺性欺诈者骗取资金。”

美国联邦检察官 Peace 感谢美国公民和移民服务局在调查中提供的协助。

“我们指控 Li 和 Wang 承诺为一些投资者提供绿卡以及结识政治人物的渠道，并承诺为所有投资者提供分红。数千万美元的资金流入我国，这些资金来自投资者和虚假捐赠者，而他们希望自己的资金能够获得回报。然而，只有一个承诺得以兑现，那就是结识政治要人。“外国资金破坏了我们的移民和民主进程，因此我们必须尽一切努力保护移民和民主进程。”

“Li 和 Wang 被指控针对外籍人士实施大规模、多层次的欺诈骗局，包括虚假房地产投资、承诺付款利益、兜售结识美国政要的渠道，以及为竞选活动提供非法捐款。 滥用投资者签证程序促成了这一令人震惊的涉嫌欺诈案。”纽约国土安全局 (HSI) 代理特别行动署署长 Patel 表示。“HSI 将与我们的合作伙伴携手，继续坚定地监测美国签证和旅行系统是否存在外国行为人恶意滥用的迹象，并且我们将继续积极调查针对美国入境程序性框架的攻击。”

“据指控，Li 和 Wang 诈骗了受害投资者数百万美元，然后用这些非法所得过着奢侈的生活，并与知名政要“交往”。正是通过与执法部门的合作与协作，我们才能够捣毁这个多层次的欺诈骗局，确保涉嫌的犯案人现在为其罪行接受审判。”IRS 纽约 CI 特别行动署署长 Thomas M. Fattorusso 说道。

欺诈投资者的骗局

如刑事控告书中所指控，Li 和 Wang 精心策划了一场近十年的骗局，欺骗投资者投资一个虚构的项目，声称该项目在纽约沙利文县开发、建设和运营一家名为“汤普森教育中心 (Thompson Education Center)”（简称 TEC 项目）的私立教育机构。被告通过虚假陈述 TEC 项目取得的进展及其获得政府官员的支持，包括向投资者和潜在投资者发送内含 TEC 项目总裁 Li 与知名美国政要合影的宣传材料，来招揽受害投资者，其中许多受害投资者是居住在美国境外的外籍人士。许多外国受害者被说服投资 TEC 项目，原因之一是被告得到虚假保证，投资者若投资 50 万美元将保证他们通过美国国土安全部美国公民和移民服务局 (USCIS) 管理的 EB-5 投资签证计划在美国合法永久居留。

正如指控，Li、Wang 和其他同谋成员通过 Li 创建的多家公司名下的银行账户转移骗取投资者的资金，以此方式转走这些资金。一旦资金进入这些账户，Li 和 Wang 就会用这些资金支付大量的个人开支，包括服装和饰品、珠宝、住房、度假旅行、高档餐饮以及捐给知名政要的政治捐款。Li 和 Wang 实际花费在 TEC 项目上的投资本金只是用来编造和延续一个谎言，即 TEC 项目是一个实际在建的可行开发项目。例如，Li 和 Wang 雇佣了承包商、工程师和其他专业人员来绘制建筑图纸和制定建筑计划，并在开发场地上或周围开展少量工作，Li 和 Wang 向潜在投资者展示这些工作，以误导他们相信 TEC 项目有完成的实际可能性并且有兑现共谋者向投资者承诺的投资回报的实际可能性。

截至 2022 年 7 月，150 多位投资者为 TEC 项目投资至少 2700 万美元，其中大约 1650 万美元来自 EB-5 投资者，嫌犯承诺为他们提供绿卡作为投资回报，还有大约 1100 万美元来自股票投资者，嫌犯向他们承诺将会进行 IPO。截至 2022 年 3 月，Li、Wang 及其共谋者挪用和洗白至少 200 万美元的 TEC 项目投资者资金。在同一时期，Li、Wang 及其共谋者将 250 万美元的投资者资金用于各种个人花费，但没有明确商业目的，Li 或 Wang 并没有向美国国家税务局申报这些收入。到目前为止，TEC 项目的 EB-5 投资者并未获得临时或永久绿卡，TEC 项目也没有进行 IPO 或在任何证券交易所上市。

出售结识美国政要的渠道

为了进一步推进他们的骗局，Li 和 Wang 还冒充外籍人士的“虚假捐赠者”，为支持美国政要和政治委员会的竞选活动提供非法捐款。此外，Li 和 Wang 还向外籍人士承诺，可以通过付费参加美国政治活动和结识美国政要。Li 和 Wang 利用从外籍人士骗取的资金作为政治捐款的资金，并谎称自己和其他美国公民是这些资金的捐赠者，这违反了《联邦选举竞选法》(FECA) 和 FEC 的法规。在某些情况下，Li 和 Wang 利用 TEC 投资者的投资资金进行政治捐款，并利用这些捐款获得参与政治活动的权利，在这些活动中，Li 和 Wang 与当选官员合影。然后，Li 和 Wang 利用这些合影作为一种营销工具，吸引外籍人士对 TEC 项目进行投资。

例如，如刑事控告书中所指控，Li 和 Wang 向十二名外籍人士每人收取了 9.3 万美元的入场费，以便与时任美国总统一起参加 2017 年 6 月 28 日的筹资活动（2017 年 6 月 28 日筹资活动）。Li 和 Wang 利用从外籍人士骗取的资金，以自己的名义非法向联合筹资委员会举办的 2017 年 6 月 28 日筹资活动提供 60 万美元的政治捐款，其中 Li 提供 27.05 万美元，Wang 提供 32.95 万美元。Li、Wang 及其外籍人士客人参加了 2017 年 6 月 28 日的筹资活动，并与时任美国总统合影。之后 Li 和 Wang 利用 Li 在筹资活动上与该总统的合影为 TEC 招揽投资。

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FBI 鼓励任何人士如果知悉刑事控告书中相关指控的信息或认为自己是受害者，则可通过 tips.fbi.gov 网站上的互联网电子举报表格或通过拨打 FBI 的举报热线 1-800-CALL-FBI (225-5324) 与 FBI 联系。

刑事控告书中的指控仅仅是指控，除非证明有罪，否则假定 被告是无罪。

该政府案件正在由本办公室的国家安全和网络犯罪科以及本办公室的公共廉政科处理。美国助理 联邦检察官Robert T. Polemeni、Ian C. Richardson 和 Joshua Hafetz 在律师助理专员 Magdalena St. Surin 的协助下负责本次起诉。本办公室资产追回科的美国联邦助理检察官 Claire S. Kedeshian 负责没收资产。

被告:

SHERRY XUE LI
年龄：50
纽约，牡蛎湾

Lianbo Wang，又名“Mike Wang”
年龄：  45
纽约，牡蛎湾

E.D.N.Y.备审案件编号 22-MJ-756

A criminal complaint was unsealed today in Brooklyn federal court charging Sherry Xue Li and Lianbo Wang with wire fraud conspiracy, money laundering conspiracy and conspiracy to defraud the United States by obstructing the Federal Election Commission’s (FEC) administration of campaign finance laws.  Li and Wang, both naturalized U.S. citizens, were arrested earlier today in Oyster Bay, New York, and their initial appearance is scheduled for this afternoon before United States Magistrate Judge Ramon E. Reyes, Jr. at the United States Courthouse in Brooklyn, New York.

Breon Peace, United States Attorney for the Eastern District of New York; Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office; Ricky J. Patel, Acting Special Agent-in-Charge, Department of Homeland Security, Homeland Security Investigations (HSI), New York; and Thomas Fattorusso, Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York (IRS-CI) announced the arrests and charges.

“As alleged, the defendants enticed their victims to invest in a fraudulent scheme aided by misleadingly claiming that their fictitious project had the support of prominent politicians,” stated United States Attorney Peace.  “The defendants were able to perpetrate this fraud by then selling access to U.S. politicians by unlawfully contributing foreign money to political campaigns in their own names and bringing foreign nationals as their guests to fundraising events.  This Office is committed to protecting our democratic process from those who would expose it to unlawful foreign influence, and investors from the predatory fraudsters who would steal their money.” 

United States Attorney Peace thanked the U.S. Citizenship and Immigration Services for its assistance in the investigation.

"We allege Li and Wang promised investors green cards, access to political figures, and dividends on their money. Tens of millions of dollars came in from investors and straw donors, who expected their money would bear fruit. However, only one promise came to fruition, the access to political power. Foreign money pollutes our immigration and democratic processes, and we must do all we can to protect them," stated FBI Assistant Director-in-Charge Driscoll. 

Li and Wang are alleged to have perpetrated a massive, multi-layered fraud scheme targeting foreign nationals ranging from a sham real estate investment, promised benefits for payment, the solicitation for access to U.S. politicians, to making illegal donations for campaigns.  The staggering scope of this alleged fraud was facilitated by an abuse in the investor visa process,” said HSI New York Acting Special Agent in Charge Patel.  “In tandem with our partners, HSI continues to steadfastly monitor U.S. visa and travel systems for indicators of malign foreign actor abuse and will continue to aggressively investigate attacks on the integrity of the framework that allows access to the United States.”

“It’s alleged that Li and Wang defrauded their victim-investors out of millions, then used their ill-gotten gains to live luxuriously and ‘rub elbows’ with prominent politicians.  It is through law enforcement partnerships and collaboration that we were able to break-down this multi-layered fraud scheme and ensure that the alleged culprits now face justice for their criminal behavior,” said Thomas M. Fattorusso, Special Agent in Charge of IRS:CI New York.

The Scheme to Defraud Investors

As alleged in the complaint, Li and Wang orchestrated a nearly decade-long scheme to defraud investors in a fictitious project to develop, build and operate a private educational institution in Sullivan County, New York, called the “Thompson Education Center” (the TEC Project).  The defendants solicited victim-investors, many of them foreign nationals located outside of the United States, by falsely representing the progress they were making on the TEC Project and its support from government officials, including by sending investors and prospective investors promotional materials that included photographs of Li, the TEC Project’s President, with prominent U.S. politicians.  Many foreign national victims were persuaded to invest in the TEC Project by, among other things, the defendants’ false assurances that their $500,000 investments would guarantee them lawful permanent residence in the United States through the EB-5 investment visa program administered by the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). 

As alleged, instead Li, Wang and other members of the conspiracy siphoned off the money they fraudulently obtained from investors by transferring the funds through bank accounts held in the names of various companies that Li had created.  Once the funds were in those accounts, Li and Wang used the funds to pay for numerous personal expenses including clothing and accessories, jewelry, housing, vacation travel, upscale dining, and political contributions to prominent politicians.  The portion of the invested capital Li and Wang actually spent on the TEC Project was used merely to create and perpetuate the fiction that the TEC Project was a viable development project that was actually under construction.  For example, Li and Wang hired contractors, engineers and other professionals to create architectural drawings and plans and perform minor work on or around the development site, which Li and Wang showed to potential investors to mislead them into believing the TEC Project had a realistic probability of completion and of delivering the returns on investment that the conspirators promised their investors.

As of July 2022, more than 150 investors have invested at least $27 million in the TEC Project, including approximately $16.5 million from EB-5 investors who were promised a green card in return for their investment, and approximately $11 million from stock investors who were promised that an IPO would take place.  As of March 2022, Li, Wang, and their co-conspirators have misappropriated and laundered at least $2 million in TEC Project investor funds.  During this same period, Li, Wang and their co-conspirators spent at least an additional $2.5 million dollars in investor funds on various personal expenses with no clear business purpose, none of which was reported as income to the Internal Revenue Service by Li or Wang.  To date, no EB-5 investor in the TEC Project has received a temporary or permanent green card and the TEC Project has not made an IPO or been listed on any stock exchange.

Selling Access to U.S. Politicians

In furtherance of their scheme, Li and Wang also acted as “straw donors” for foreign nationals to unlawfully contribute to campaigns supporting U.S. politicians and political committees.  Among other things, Li and Wang promised foreign nationals access to U.S. political events and politicians in exchange for a fee.  Li and Wang used the money they received from foreign nationals to fund political contributions, and falsely identified themselves and other U.S. citizens as the contributors of the funds, in violation of the Federal Election Campaign Act (FECA) and FEC regulations.  In some cases, Li and Wang used TEC investors’ investment funds to make the political contributions which they used to gain access to the political events, where Li and Wang took photographs with elected officials.  Li and Wang would then use the photographs as a marketing tool in soliciting investments from foreign nationals in the TEC Project.   

For example, as alleged in the complaint, Li and Wang charged twelve foreign nationals $93,000 per person for admission to a June 28, 2017 fundraising event (the June 28, 2017 Fundraiser) with the then-President of the United States.  Li and Wang used the funds that they collected from the foreign nationals to unlawfully make $600,000 in political contributions in their own names—$270,500 from Li and $329,500 from Wang—to the joint fundraising committee hosting the June 28, 2017 Fundraiser.  Li, Wang and their foreign national guests attended the June 28, 2017 Fundraiser and took photographs with the then-President of the United States.  Li and Wang later used a photograph of Li and the President taken at the fundraiser to solicit investment in the TEC Project.

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'The FBI has established a hotline for potential victims.  If you have information regarding the allegations in the complaint or believe you may have been a victim, please call 1-800-CALL-FBI or submit a tip online at tips.fbi.gov.

The charges in the complaint are merely allegations, and the defendants are presumed innocent unless and until proven guilty.

The government’s case is being handled by the Office’s National Security and Cybercrime Section and the Office’s Public Integrity Section.  Assistant United States Attorneys Robert T. Polemeni, Ian C. Richardson, and Joshua Hafetz are in charge of the prosecution with assistance from Paralegal Specialist Magdalena St. Surin.  Assistant United States Attorney Claire S. Kedeshian of the Office’s Asset Recovery Section is responsible for the forfeiture of assets.

The Defendants:

SHERRY XUE LI
Age:  50
Oyster Bay, New York

Lianbo Wang, also known as “Mike Wang”
Age:  45
Oyster Bay, New York

E.D.N.Y. Docket No. 22-MJ-756

David Butler, a United States citizen, will be arraigned today on an Indictment charging him with Conspiracy to Commit Wire Fraud in connection with a scheme to defraud investors in a form of investment known as “binary options.”  Butler was arrested in April 2022 in Costa Rica and extradited to the United States on July 14, 2022. The defendant is scheduled to be arraigned this afternoon before United States Magistrate Judge James M. Wicks at the federal courthouse in Central Islip. 

Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI) and Thomas M. Fattorusso, Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York (IRS-CI) announced the extradition.

“Using sophisticated computer software, the defendant and his co-conspirators allegedly cheated unsuspecting investors out of more than $5 million” stated United States Attorney Peace.  “This Office is committed to working with our international partners to dismantle fraudulent schemes and bring perpetrators to justice wherever they are.” 

Mr. Peace thanked the Costa Rican government for its assistance with the arrest and extradition.

“Butler allegedly swindled investors out of millions by selling false promises and later manipulating the numbers to the investors’ disadvantage.  His alleged involvement in this complex fraud scheme has now landed him back in the U.S. to face the consequences of his illicit acts.  Butler may have sold predetermined profits that turned out to be a sham, but his criminal arrest and prosecution are as real as it gets,” said IRS-CI Special Agent in Charge Fattorusso.

As alleged in court filings, between approximately January 2011 and October 2016, Butler and his co-conspirators operated binary options companies, including SpotFN, Binary FN and Janus Options (Binary Options Companies) from Glen Cove, New York, Costa Rica and Kosovo.  The Binary Options Companies promised to pay investors, who were located throughout the United States, a predetermined profit based upon particular outcomes in the markets for securities, currencies and other investments.  For example, the Binary Options Companies would offer to pay customers a predetermined profit if a particular security or currency was valued at a particular price on a particular day at a particular time. 

To induce investments, Butler and his co-conspirators allegedly told binary options investors, in telephone calls and emails, that the predetermined profits that the Binary Options Companies had promised them in connection with the investors’ purchases of binary options would be based upon the actual prices of securities, currencies and other investments at particular points in time.  Unbeknownst to the investors, however, Butler and his co-conspirators used a computer software that allowed the Binary Options Companies to manipulate data associated with the investors’ binary options so that the probability of investors earning a profit would favor the Binary Options Companies. At no time did Butler or any other employee of the Binary Options Companies inform the investors that the binary options that they had purchased from the Binary Options Companies could be manipulated to the investors’ disadvantage.  As a result of their deception, Butler and his co-conspirators allegedly stole more than $5 million from binary options investors. 

The charges in the Indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.  If convicted, the defendant faces up to 20 years in prison.

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorney Bradley T. King is in charge of the prosecution. The Justice Department’s Office of International Affairs worked with law enforcement partners in Costa Rica to secure the arrest and extradition of Butler to the United States.

The Defendant:

DAVID BUTLER
Age:  52
San Jose, Costa Rica
Pittsburgh, Kansas

E.D.N.Y. Docket No. 18-CR-680 (JS)

The United States filed a civil complaint yesterday in federal court in Brooklyn against Fresenius Vascular Care, Inc. (“Fresenius”) alleging that the company performed unnecessary procedures on dialysis patients at nine centers across New York City and Long Island, and billed the procedures to Medicare, Medicaid, the Federal Health Benefits Program and TRICARE.  The complaint seeks damages and penalties under the False Claims Act.  

The filing was announced by Breon Peace, United States Attorney for the Eastern District of New York, and Scott J. Lampert, Special Agent-in-Charge, U.S. Department of Health and Human Services, Office of Inspector General’s Office of Investigations (HHS-OIG).

“The conduct alleged in this case is egregious, as Fresenius not only defrauded federal healthcare programs but also subjected particularly vulnerable people to medically unnecessary procedures,” stated United States Attorney Peace.  “This Office will hold medical providers accountable for practices that needlessly expose patients to harm for financial gain at taxpayer expense.”

Mr. Peace also expressed his thanks to the Federal Bureau of Investigation, New York Field Office, the United States Office of Personnel Management, and the United States Department of Defense for their assistance with the investigation.

“The alleged conduct by Fresenius unnecessarily compromised patient care and undermined the financial integrity of federal health care programs,” stated HHS-OIG Special Agent-in-Charge Lampert.  “Along with our law enforcement partners, HHS-OIG is committed to protecting beneficiaries and taxpayers from such abusive practices.”

As alleged in the complaint, from about January 1, 2012 through June 30, 2018, Fresenius routinely performed certain procedures on patients with End Stage Renal Disease (ESRD) who were receiving dialysis, without sufficient clinical indication that the patients needed the procedures.  These interventions included fistulagrams, which are radiological procedures in which dye is injected into the patient’s vein or artery to visualize the port and surrounding blood vessels, and angioplasties, in which wires and balloons are inserted into veins or arteries that have narrowed to restore the patient’s blood flow.  Fresenius knowingly subjected ESRD patients—who included elderly, disadvantaged minority, and low-income individuals—to these procedures to increase its revenues.  

The government filed its complaint in an ongoing action commenced pursuant to the qui tam provisions of the False Claims Act, United States ex rel. Pepe and Sherman v. Fresenius Medical Holdings, Inc., et al., No. 14-CV-3505 (ERK).  The case is being handled by Assistant U.S. Attorneys Jolie Apicella and Anjna Kapoor, and Special Assistant U.S. Attorney Mary Ellen Buntin of the Office’s Civil Division.

Defendants operated vascular access centers at the following locations during the relevant period:

• American Access Care of Bellmore (now “American Access Care Nassau County”), 250 Pettit Avenue, Suite 2, Bellmore, NY 11710
• American Access Care Brooklyn, 577 Prospect Avenue Lower Level, Brooklyn, NY 11215
• American Access Care of New York (now “American Access Care Manhattan”), 403 E. 91st Street, Floor 2, New York, NY 10128
• American Access Care Queens, 176-60 Union Turnpike #130, Suite 130, Flushing, NY 11366
• American Access Care Suffolk County, 32 Central Avenue, Hauppauge, NY 11788
• American Access Care Bronx, 1200 Waters Place N. Lobby, Suite M 115, Bronx, NY 10461
• Saqib Chaudhry, MD – Flushing, 176-60 Union Turnpike Utopia Center, Suite 145, Flushing, NY 11366
• Saqib Chaudhry, MD – Roslyn, 1044 Northern Boulevard, Suite 302, Roslyn, NY 11676 (no longer operating)
• Verrazano Vascular Associates at Access Care Physicians, 2025 Richmond Avenue, Suite 1LL, Staten Island, NY 10314

Earlier today, a federal jury in Central Islip returned a guilty verdict on eight counts of a superseding indictment charging Mathew James with perpetrating an over $600 million health care fraud scheme, which also included wire fraud and aggravated identity theft charges.  The verdict followed a six-week trial before United States District Judge Joanna Seybert.  

Breon Peace, United States Attorney for the Eastern District of New York, Kenneth A. Polite Jr., Assistant Attorney General of the Justice Department’s Criminal Division, and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the verdict.

“The defendant stands convicted of carrying out an audacious scheme in which he used insurance companies like ATM machines.  He stole hundreds of millions of dollars until he was finally exposed by a paper trail a mile-long, phone recordings on which he impersonated patients, and text messages and emails with his co-conspirator doctor clients demonstrating his nefarious billing practices. For this massive fraud, a federal jury convicted him today,” stated United States Attorney Peace.  “Health care fraud is not a victimless crime, because fraudulent billing ultimately affects consumers who must pay the cost of higher insurance premiums.”

“James orchestrated a fraudulent medical billing scheme to steal from insurance companies and businesses, in order to line his own pockets,” said Assistant Attorney General Polite of the Justice Department’s Criminal Division. “This conviction shows that medical billers who fuel health care fraud will be brought to justice.”

As proven at trial, James operated medical billing companies to provide billing services for physicians, primarily plastic surgeons throughout the United States, and used his companies to carry out a massive scheme to defraud insurance companies.  As a third-party medical biller, James submitted claims to insurance companies and when necessary, requested reconsideration or appeals of denied claims.  The evidence showed that James billed for procedures that were either more serious or entirely different than those his doctor-clients performed.  For example, the government presented evidence that James impersonated Jeff Pash, the National Football League’s general counsel, and Marcus Smart, a professional basketball player for the Boston Celtics of the National Basketball Association, in calls the defendant made to insurance companies in which he exaggerated medical procedures.  James made thousands of impersonation calls resulting in over tens of millions of dollars in additional reimbursement to his doctor-clients and from which he received a percentage of the fraudulent proceeds.

James also directed his doctor-clients to schedule elective surgeries through the emergency room so that insurance companies would reimburse at substantially higher rates. When insurance companies denied the inflated claims, James impersonated patients to demand that the insurance companies pay the outstanding balances of tens or hundreds of thousands of dollars.

The FBI investigated the case and was brought under the supervision of the U.S. Attorney Attorney’s Office for the Eastern District of New York and the Criminal Division’s Fraud Section.  Assistant United States Attorneys Catherine M. Mirabile and Antoinette N. Rangel of the Eastern District of New York, and Acting Assistant Chief Miriam L. Glaser Dauermann of the Fraud Section are in charge of the prosecution with the assistance of paralegal specialist Shernita Moore-Glasgow.

The Defendant:

MATHEW JAMES
Age:  54
Saint James, Long Island

E.D.N.Y. Docket No. 19-CR-382 (JS)

A three-count indictment was unsealed today in the United States District Court for the Eastern District of New York, charging Edison Hernandez, also known as “dragoncove,” “originaldragoncove,” “theoriginaldragoncove” and “Nino,” with distribution and possession with intent to distribute heroin and cocaine, as well as delivery and distribution of heroin and cocaine by means of the internet.  These first two counts relate to Hernandez’s alleged activities on the dark web starting in January 2013. 

The third count of the indictment separately charges Hernandez, Michael Caruso, and Raymer Ynoa with conspiracy to distribute and possess with intent to distribute cocaine, methamphetamine, ketamine, and 3,4-methylenedioxy-methamphetamine (MDMA) through a door-to-door drug delivery service.  A separate criminal complaint was also unsealed today, charging Irvin Hernandez with being a member of the same door-to-door drug delivery conspiracy. 

Breon Peace, United States Attorney for the Eastern District of New York; Ricky J. Patel, Acting Special Agent-in-Charge, Homeland Security Investigations, New York (HSI); and Daniel B. Brubaker, Inspector-in-Charge, New York Division, United States Postal Inspection Service (USPIS), announced the charges.

“As alleged, Edison Hernandez went to great lengths to conceal his identity so he could send thousands of packages containing dangerous drugs throughout the country and team up with his co-conspirators to deliver them door-to-door in New York City,” stated United States Attorney Peace.  “Hiding behind the dark web, encryption services, or BitCoin will not stop this Office from rooting out those who flood our communities with illegal and hazardous narcotics.” 

Mr. Peace expressed his appreciation for the significant contributions provided by the New York City Police Department, U.S. Customs and Border Protection, Internal Revenue Service – Criminal Investigations Division, Drug Enforcement Administration, Nassau County Sheriff’s Department & Port Authority of New York and New Jersey Police Department.

“Hernandez is alleged to have used complex technology such as the dark web, cryptocurrency, and encrypted messaging applications to conceal his actions. Today’s enforcement actions are examples to high-tech criminals that no matter how well-hidden you believe you are, you are not beyond the reach of the law,” said Homeland Security Investigations (HSI) New York Acting Special Agent in Charge Patel.  “HSI and our partners will continue to work tirelessly to keep deadly narcotics out of our communities, no matter where they are sold - on the street corner or from the virtual corners of the dark web.”

USPIS Inspector-in-Charge of the New York Division Brubaker said: “The defendants thought the dark web marketplace would hide their illicit activities, but Postal Inspectors and our law enforcement partners brought their criminal enterprise to light. We are committed to the fight against the illegal sale of dangerous narcotics and will work in coordination with our partner agencies to expose anyone who tries to hide behind the veil of the dark web. We will use every resource available to us to investigate and prosecute anyone who uses the mail for illegal purposes. Today, the defendants learned the hard way that once their crimes left the dark web and entered the real world, Postal Inspectors and our law enforcement partners were there waiting to take them down.”

Background on Dark Web Marketplaces

The internet contains online marketplaces for narcotics and other illegal items that exist on the dark web, a part of the internet located beyond the reach of traditional internet browsers and accessible only through the use of networks designed to conceal user identities.  Silk Road, AlphaBay, Dream Market and Wall Street Market were some of these marketplaces that have since been taken down.  All of these sites were large global dark web marketplaces that functioned like conventional e-commerce websites but were geared towards the trafficking of contraband.  Vendors advertised the sale of illegal narcotics and other contraband; buyers purchased the illegal narcotics and contraband; buyers paid for the purchased goods using digital currency; and vendors shipped the goods through the United States mail and other means of delivery.  These dark web marketplaces required users to trade in digital currencies, primarily Bitcoin, and the marketplaces did not allow for transactions in official, government-backed fiat currency. 

Vendors and buyers on dark web marketplaces typically operated under anonymous monikers.  However, vendors received ratings from buyers of narcotics based on, among other things, the quality of contraband, reliability of delivery and volume of traffic.  In addition, vendors received rankings from the marketplace administrators based on user input. 

Edison Hernandez’s Dark Web Vendor Operation

As alleged, defendant Edison Hernandez was a highly rated vendor of illegal narcotics on Silk Road, AlphaBay, Dream Market and Wall Street Market.  From January 2013 until April 2019, Hernandez advertised and sold heroin and cocaine to customers in the United States through these dark web marketplaces. 

Hernandez concealed his criminal activity by accepting payment only in the form of Bitcoin and operating under the online monikers “dragoncove,” “originaldragoncove” and “theoriginaldragoncove”.  Hernandez shipped packages under fictitious names and directed customers to contact him through encrypted messaging services.  

The defendant completed thousands of transactions on SilkRoad, AlphaBay, Dream Market and Wall Street Market and regularly received high ratings and positive reviews from buyers. 

The Defendants’ Operation of a Door-to-Door Drug Delivery Service

As charged in the indictment and the complaint, between February 2019 and January 2022, defendants Edison Hernandez, Michael Caruso, Raymer Ynoa and Irvin Hernandez separately operated a door-to-door drug delivery service in the New York City area.  The defendants advertised their service with the name “Nino & Viktor’s Pastry Shoppe.”  The service offered customers an array of different drugs for sale, including cocaine, methamphetamine, ketamine, and MDMA.  After customers ordered drugs over an encrypted messaging app, a deliveryman would arrive later the same day to distribute the drugs.   

The charges in the indictment and complaint are allegations and the defendants are presumed innocent unless and until proven guilty.

The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section.  Assistant United States Attorney Andrew D. Wang is in charge of the prosecution and Assistant United States Attorney Madeline O’Connor and Brendan King of the Office’s Asset Recovery Section are handling forfeiture matters.

The Defendants:

EDISON HERNANDEZ also known as “dragoncove,” “originaldragoncove,” “theoriginaldragoncove” and “Nino”
Age: 46
Brooklyn, New York

MICHAEL CARUSO
Age: 42
Brooklyn, New York

RAYMER YNOA
Age: 32
Brooklyn, New York

IRVIN HERNANDEZ
Age: 44
Brooklyn, New York

E.D.N.Y. Docket Nos. 22-CR-245 (CBA) and 22-MJ-717

Two Eastern District of New York Assistant United States Attorneys, a former Acting United States Attorney, and one paralegal specialist were among the 298 department employees recognized today by Attorney General Merrick B. Garland at the 69th Annual Attorney General’s Awards Ceremony. Fifty-four non-department individuals were also honored for their work.  The annual ceremony recognizes Department of Justice employees and partners for extraordinary contributions to the enforcement of our nation’s laws.

“This year’s awardees have served selflessly to further the Department’s important work upholding the rule of law, keeping our country safe, and protecting civil rights,” said Attorney General Merrick B. Garland. “I am proud to recognize these individuals for their professionalism, skill, and leadership, and I am grateful for their service to our Department and our nation.”

“The groundbreaking work of our Eastern District honorees and law enforcement partners achieved justice for the women victimized by Nxivm’s leader Keith Raniere and his sophisticated associates who carried out their crimes for years, protected by a wall of secrecy, intimidation, and humiliation that the prosecution team ultimately demolished,” stated United States Attorney Peace.  “This case serves as a model for using racketeering, labor and sex trafficking statutes to combat crimes that have caused victims significant harm.  Today’s occasion is also an opportunity to once again praise the bravery of the victims in this case who, having put their trust in our extraordinary team, found the strength to testify against Raniere, regain control of their lives, and begin the long process of healing.”

The Attorney General’s Award for Distinguished Service

United States v. Keith Raniere et al.

Assistant U.S. Attorneys Tanya Hajjar and Kevin Trowel, former Acting U.S. Attorney Mark J. Lesko, and Paralegal Specialist Teri Carby of the U.S. Attorney’s Office for the Eastern District of New York, together with the investigative team – FBI Supervisory Special Agents Anthony Bivona and Christopher Donohue; FBI Special Agents Delise Jeffrey, Michael W. Lever, Maegan O. Rees, and Michael J. Weniger; FBI Victim Specialist Laura B. Riso; Task Force Officer Charles B. Fontanelli; and Special Agents Megan Buckley and Christopher T. Munster, Homeland Security Investigations – were recognized for their efforts in dismantling a criminal enterprise led by Keith Raniere, whose members engaged in racketeering, sex trafficking, and forced labor, among other crimes.

For over a decade, Raniere and his co-conspirators led a criminal enterprise under the guise of various self-help organizations headquartered in Albany, New York, with centers operating elsewhere in the United States, Mexico and Canada.  In late 2015, Raniere created a secret society called DOS, whose members were drawn from the self-help organizations.  Women were recruited under the false pretense of joining a women-only mentorship group, later discovering that they had taken “vows of obedience” to women who had themselves pledged obedience to Raniere.  Prospective DOS victims were required to provide “collateral” to Raniere and his co-conspirators, which included damaging confessions about themselves and their loved ones, whether true or not, rights to financial assets and sexually explicit photographs and videos. Collateral was used to coerce victims into providing labor and services, including sex acts with Raniere, for the benefit of Raniere and the criminal enterprise.

After securing the convictions of Raniere’s five co-defendants through guilty pleas, the team used a victim-centered, trauma-informed approach to successfully prepare multiple victims for trial testimony. The team employed precedent-setting applications of the RICO, sex trafficking, and labor trafficking statutes to pursue justice for the victims and provisions of the Trafficking Victims Protection Act of 2000 to ensure victim participation in all aspects of the prosecution.

Following a six-week trial, Raniere was held accountable for over a decade of crime and exploitation that had been concealed behind the guise of various “personal growth” programs. In June 2019, Raniere was convicted of racketeering conspiracy; racketeering involving predicate acts of sex trafficking, child exploitation, and obstruction of justice; and substantive offenses including sex trafficking, forced labor conspiracy and wire fraud conspiracy. In October 2020, Raniere was sentenced to 120 years in prison.

Earlier today, in federal court in Central Islip, Eduardo Portillo, also known as “Firuli” and “Tito” (Portillo), an associate of the violent transnational criminal organization La Mara Salvatrucha, also known as the “MS-13,” was sentenced by United States District Judge Gary R. Brown to 25 years in prison for his role in the murder of 15-year-old Javier Castillo in Cow Meadow Park in Freeport.  The defendant, who was arrested in El Salvador and extradited to the United States to face these charges, pleaded guilty in September 2021 to racketeering, and admitted to his involvement in the Castillo murder and narcotics trafficking on behalf of the MS-13.  

Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Rodney K. Harrison, Commissioner, Suffolk County Police Department (SCPD), announced the sentence.

“With today’s sentence, Portillo learned there are very serious consequences for participating in the planning and execution of a murder so that he could gain membership in the MS-13 gang, a vicious criminal enterprise whose members have no regard for human life or the rule of law,” stated United States Attorney Peace.  “That the victim in this case was a 15-year-old boy is all the more tragic, and it is my hope that dogged work of law enforcement in tracking down the defendant in El Salvador, his extradition to the Eastern District of New York, and the decades the defendant will spend in prison, brings some measure of closure to the family of the young victim.” 

Mr. Peace expressed his appreciation to the investigators and analysts from the FBI’s Long Island Gang Task Force and Transnational Anti-Gang (TAG) Unit in El Salvador, the Nassau County Police Department, and the Justice Department’s Office of International Affairs for its assistance with Portillo’s extradition.

“Today’s sentencing sends another clear message that gang violence will not be tolerated and the extradition of this suspect proves law enforcement will go to great lengths to ensure justice is served,” stated SCPD Commissioner Harrison said. “I would like to thank all our law enforcement partners for bringing this case to a successful conclusion and hope this sentencing brings some sense of closure for the victim’s family.”

Portillo and other MS-13 members targeted Castillo for death because he was believed to be a member of the 18th Street gang, one of MS-13’s principal rivals.  On October 10, 2016, Portillo, who was friendly with Castillo, and other Brentwood-based members of the Sailors Locos Salvatruchas Westside (Sailors) clique of the MS-13, convinced Castillo to go with them to Freeport – approximately 20 miles away – to smoke marijuana.  There, they lured Castillo to an isolated marsh area in Cow Meadow Park, where Portillo and his co-conspirators attacked Castillo, taking turns hacking him to death with a machete.  Afterwards, the MS-13 members dug a hole and buried Castillo’s body.  The victim’s brother informed the SCPD that he was told by a person who had ties with the MS-13 to stop looking for Castillo, because he was already “gone and buried.”  Castillo’s body was recovered one year later in October 2017.

Portillo, who was illegally in the United States at the time of the murder, was deported to El Salvador before he was indicted for Castillo’s murder.  However, after he was indicted, the United States Attorney’s Office for the Eastern District of New York (USAO-EDNY) and FBI obtained an INTERPOL Red Notice for Portillo.  On February 23, 2019, El Salvador’s Policía Nacional Civil (PNC) Centro Antipandillas Transnacional (CAT) Unit, who are assigned to the Transnational Anti-Gang (TAG) Unit, located Portillo and arrested him in Morazán, El Salvador on the Red Notice.  The USAO-EDNY subsequently requested Portillo’s extradition and, on November 6, 2020, he was extradited to the United States. 

Today’s sentencing is the latest accomplishment in a series of federal prosecutions by the USAO-EDNY targeting members and associates of the MS-13, a violent, transnational criminal organization.  The MS-13’s leadership is based in El Salvador, Honduras, Guatemala and Mexico, but the gang has thousands of members across the United States.  With numerous branches, or “cliques,” the MS-13 is the most violent criminal organization on Long Island.  Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York.  A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders, and assaults.  Since 2010, this Office has obtained indictments charging MS-13 members and associates with carrying out more than 60 murders in the district, and has convicted dozens of MS-13 leaders, members, and associates in connection with those murders.  These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, which is comprised of agents and officers of the FBI, SCPD, Nassau County Police Department, Nassau County Sheriff’s Department, Suffolk County Probation Office, Suffolk County Sheriff’s Office, New York State Police, Hempstead Police Department, Rockville Centre Police Department, and New York State Department of Corrections and Community Supervision. 

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorneys Paul G. Scotti, Justina L. Geraci, and Megan E. Farrell are in charge of the prosecution.

The Defendant:

EDUARDO PORTILLO (also known as “Firuli” and “Tito”)
Age: 25
Residence: San Francisco Gotera, Morazán, El Salvador; formerly of Central Islip and Brentwood, New York

Docket:  16-CR-403 (S-7)(GRB)

An indictment was unsealed today in United States District Court for the Eastern District of New York charging Kwyme Waddell with being a felon in possession of ammunition.  As alleged in court filings, the charge is related to a shooting Waddell committed in Brooklyn on March 22, 2022 in which the defendant shot into a crowd of people on the block of East 21st Street between Ditmas Avenue and Dorchester Road shortly after 9:30 p.m. 

The defendant is one of the top leaders of the No Love City (NLC) subset of the Folk Nation Gangster Disciples, a violent street gang operating primarily in the area of Newkirk Avenue and Flatbush Avenue in Brooklyn.    

Waddell was arrested this morning in Brooklyn and is scheduled to be arraigned this afternoon before United States Magistrate Judge Vera M. Scanlon at the federal courthouse in Brooklyn.    

Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Keechant L. Sewell, Commissioner, New York City Police Department (NYPD) announced the charge and arrest.

“As alleged, the defendant brazenly fired eleven shots into a crowd of people.  Thankfully no one was harmed,” stated United States Attorney Breon Peace.  “This Office will continue to work tirelessly with all of our law enforcement partners to prosecute those who engage in gun violence, eliminate gangs from our streets and cut off the flow of guns that allow them to victimize our communities.” 

Mr. Peace expressed his appreciation to the FBI/NYPD Metro Safe Streets Task Force, the NYPD’s Gun Violence Suppression Division, and the Kings County District Attorney’s Office for their outstanding work and assistance in this investigation and prosecution.

“Today’s indictment is another step forward in our ongoing work to rid New York City of violent gangs, illegal guns, and the havoc they cause in our community,” said NYPD Commissioner Sewell. “Our focus remains on the people we serve, and we must ensure real consequences for anyone who puts New Yorkers at risk. To that end, I want to thank the U.S. Attorney’s Office for the Eastern District of New York, the King’s County District Attorney’s Office, the FBI’s New York Field Office, and all the investigators for their work on this case and for their steadfast commitment to public safety.”

As alleged in the indictment and other court filings, the charge relates to a shooting committed in Brooklyn on March 22, 2022 in which the defendant shot into a crowd of people on the block of East 21st Street between Ditmas Avenue and Dorchester Road shortly after 9:30 p.m.  As captured on surveillance video, Waddell drove to the location, fired at least eleven rounds at a crowd of people standing at the corner of Dorchester Road and East 21st Street, an area known as territory of NLC’s gang rivals.  Immediately following the shooting, Waddell bragged about the shooting to friends while pantomiming a gun with his hands, as captured on additional surveillance footage.      

The indictment is part of a coordinated effort to dismantle the Brooklyn sets of Folk Nation Gangster Disciples and their leadership by federal and state authorities, including the United States Attorney’s Office for the Eastern District of New York, the Kings County District Attorney’s Office, the Joint FBI-NYPD Safe Streets Task Force, and the NYPD’s Gun Violence Suppression Division.  As part of the federal-state initiative, the United States Attorney’s Office for the Eastern District of New York and the Kings County District Attorney’s Office have brought numerous prosecutions against members and associates of Folk Nation Gangster Disciples, including 11 members and associates of the Folk Nation Gangster Disciples charged with multiple shootings and related firearms offenses in Brooklyn.

The charge in the indictment is merely an allegation, and the defendant is presumed innocent unless and until proven guilty.

This case was brought as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. As part of the program, U.S. Attorneys’ Offices work in partnership with federal, state, local and tribal law enforcement and their local communities to develop effective, locally based strategies to reduce violent crime.

The government’s case is being handled by the Office’s Organized Crime and Gangs Section.  Assistant United States Attorneys Sophia M. Suarez, Dana Rehnquist and Jonathan Siegel are in charge of the prosecution.

The Defendant:

KWYME WADDELL
Age:  30
Brooklyn, New York

E.D.N.Y. Docket No. 22-CR-305 (ENV)

Breon Peace, United States Attorney for the Eastern District of New York, has been selected as the Chairperson of the White Collar Fraud subcommittee for the Attorney General’s Advisory Committee (AGAC).  As the leader of the subcommittee, Mr. Peace will play a key role in making recommendations to the AGAC to facilitate the prevention, investigation and prosecution of various financially motivated, non-violent crimes including mail and wire fraud, bank fraud, health care fraud, tax fraud, securities and commodities fraud, and identity theft. 

“I am honored that Attorney General Garland and my colleagues on the Attorney General’s Advisory Committee have chosen me to lead the White Collar Fraud subcommittee,” stated United States Attorney Peace. “The Attorney General has made clear that the vigorous and fair enforcement of corporate criminal policies is a department priority.  The subcommittee, which includes many of my outstanding U.S. Attorney colleagues from around the country, will thoughtfully advise on issues of significance in this area in furtherance of the department’s mission to protect investors, consumers, employees, corporations and the integrity of financial markets from sophisticated wrongdoers.  I look forward to serving in this important role.” 

The AGAC was established nearly 50 years ago to give United States Attorneys a voice in department policies and to advise the Attorney General of the United States.

A federal jury convicted a New York man today for defrauding Medicare and Medicaid by causing the submission of false and fraudulent claims for surgical procedures that were not performed.

According to court documents and evidence presented at trial, Harold Bendelstein, 71, of Queens, billed Medicare and Medicaid for an incision procedure of the external ear for hundreds of patients, when in fact all he actually performed was an ear exam or ear wax removal. Specifically, between January 2014 and February 2018, Bendelstein, an ENT doctor, billed Medicare and Medicaid approximately $585,000 and was paid approximately $191,000. Medicare and Medicaid data demonstrated that Bendelstein was an outlier and the highest biller for this procedure in New York State.

Bendelstein was convicted of one count of health care fraud and one count of making a false claim. He is scheduled to be sentenced on Nov. 7, and faces a maximum penalty of 15 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Breon Peace for the Eastern District of New York; Special Agent in Charge Scott J. Lampert of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Office of Investigations; and Acting Medicaid Inspector General Frank T. Walsh of the Office of the Medicaid Inspector General (OMIG) made the announcement.

HHS-OIG and OMIG investigated the case.

Trial Attorneys Andrew Estes and Patrick J. Campbell of the Criminal Division’s Fraud Section and Assistant U.S. Attorney John Vagelatos of the Eastern District of New York are prosecuting the case.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.

布魯克林的一個聯邦大陪審團昨天發出一份替代起訴書，指控五名被告，包括一名現任聯邦執法人員和一名退休聯邦執法人員，犯有與代表中華人民共和國政府策劃的跨國鎮壓陰謀有關的各種罪行。

被告劉凡（Fan “Frank” Liu），62 歲，紐約州傑裏科人；馬修·齊布裏斯 (Matthew Ziburis)，49 歲，紐約州牡蠣灣人； 40 歲的中國公民孫強 (Qiang “Jason” Sun)於 2022 年 3 月被指控涉嫌針對政治觀點和行動不受中國政府青睞的美國居民，實施跨國鎮壓陰謀(以上姓名均為音譯)。除其他事項外，這些被告據稱密謀毀壞一名居住在洛杉磯的中國公民的藝術品，此人對中國政府持批評態度。他們在藝術家的工作場所和汽車中安裝了監視設備，以便從中國監視他。 劉和齊布裏斯於 2022 年 3 月根據刑事起訴被捕，而孫仍然在逃。

替代起訴書在該陰謀中增加了兩名新被告，即克雷格·米勒(Craig Miller)和德里克·泰勒(Derrick Taylor)。米勒是一名在國土安全部 (DHS) 的工作了 15 年的員工，目前被派往明尼阿波利斯的國土安全部緊急救援行動擔任遞解官，泰勒是一名退休的國土安全部執法人員，目前在加利福尼亞州歐文市擔任私家偵探。米勒和泰勒在聯邦調查局特工聯繫他們，詢問他們從受限制的聯邦執法資料庫中獲取和傳播有關中國駐美國持不同政見人士的敏感和機密資訊的情況後，被指控妨礙司法公正，因為其涉嫌銷毀證據。米勒和泰勒均於 2022年6月根據刑事指控被捕。

“我們將捍衛美國人民參與自由言論和政治表達的權利，包括中華人民共和國政府想要箝制的觀點，”負責國家安全的助理司法部長馬修·奧爾森說。 “根據指控，這些人協助外國政府特工箝制避難於此的持不同政見人士聲音。被告包括兩名宣誓的執法人員，他們選擇背棄誓言並違反法律。這項起訴書是讓所有這些被告對其罪行負責的下一步。”

紐約東區美國檢察官布倫·皮斯(Breon Peace)說：“正如所指控，本案涉及多方面的行動，旨在對行使言論自由的美國居民進行箝制、騷擾、抹黑和監視—在一名現任聯邦執法官員和一名私家偵探的協助下，他們從受限制的執法資料庫中提供了有關美國居民的機密資訊，當面對他們的不當行為時，他們撒謊並銷毀了證據。” “該辦公室將始終與我們的執法夥伴密切合作，剷除各級政府的腐敗官員，並將起訴那些代表敵對外國國家，針對美國領土上的美國居民言論自由採取行動的人。”

“本案暴露了中華人民共和國政府試圖箝制美國境內的不同聲音。被告（其中兩名是現任或前任聯邦執法官員）採取的行動表明，中華人民共和國如何試圖跟蹤、恐嚇和箝制反對者，”聯邦調查局反情報部門助理主任小艾倫·科勒 (Alan E. Kohler Jr.) 說。 “聯邦調查局與跨國鎮壓作鬥爭，因為它本身就是一種邪惡，是對開放社會自由的侵犯。我們社區的安全和國家的安全受到這種犯罪行為的危害，我們仍然致力於打擊跨國鎮壓，並將肇事者繩之以法。”

劉和齊布裏斯被指控串謀充當中華人民共和國政府的代理人。劉、齊布裏斯和孫被指控串謀進行州際騷擾和非法使用身份識別手段。劉和孫被指控串謀賄賂一名聯邦官員，以獲取

居住在美國的民主活動人士的納稅申報表。米勒和泰勒均被指控妨礙司法公正，而泰勒則被指控向聯邦調查局做出虛假陳述。

如果罪名成立，劉將面臨最高30年的監禁；齊布裏斯、孫和泰勒面臨最高 25 年監禁；米勒面臨最高20年的監禁。被告將于稍後出庭接受提審。

據稱，劉和齊布裏斯在孫的指導和控制下運作，抹黑居住在美國（包括紐約市、加利福尼亞州和印第安那州）的中國民主持不同政見人士。努力傳播有關居住在美國持不同政見者的負面資訊，並對居住在美國持不同政見者進行監視、跟蹤、騷擾和監視。

根據起訴書，劉的一名同謀（“同謀”）聘請泰勒獲取居住在美國的多名中國持不同政見者的個人身份資訊，包括護照資訊和照片以及飛行和移民記錄，據稱泰勒責成包括米勒在內的兩名國土安全部執法人員辦理此事。據稱，米勒和另一名國土安全部特工從受限資料庫中獲取了資訊，並將其不當提供給泰勒，泰勒又與同謀分享了該資訊。劉、齊布裏斯和孫在代表中華人民共和國政府行事時，利用此類資訊來對付和騷擾這些美國居民。

根據法庭文件，米勒和泰勒在面對聯邦調查局時都對自己過去的行為撒了謊。根據起訴書，米勒在接受聯邦調查局面談時，從手機中刪除了與泰勒的短信，泰勒指示一名同謀向美國政府隱瞞證據。在接受聯邦調查局面談時，泰勒錯誤地聲稱他從一位使用“黑色暗網”的朋友那裏獲得了相關記錄—很可能是指暗網。

根據起訴書，同謀者打電話給泰勒，聲稱他收到了司法部的傳票，要求提供同謀者與泰勒之間的通訊，而泰勒指示同謀者向美國政府隱瞞此類資訊。

法庭檔顯示，在接受聯邦調查局面談時，米勒最初聲稱與泰勒有零星接觸，並表示兩人並未討論工作事宜。在特工告誡米勒要誠實後，米勒承認泰勒向他提供了姓名以運行執法資料庫。米勒同意聯邦調查局搜查他的手機，最終承認他為泰勒進行了查詢，並將結果通過

短信發送給泰勒，而泰勒則提供了一張禮品卡作為酬勞。米勒隨後承認，他在當天早些時候的面談中刪除了與泰勒的短信鏈，並且他捏造了之前有關該短信鏈的所有陳述，包括該短信鏈是否包含泰勒要求提供的姓名。

紐約東區助理美國檢察官亞歷山大·所羅門 (Alexander A. Solomon) 和艾米麗·迪恩 (Emily J. Dean) 正在國家安全部反情報和出口管制科出庭律師斯科特·克拉菲 (Scott Claffee)、加州中區助理美國檢察官克里斯多夫·格裏格 (Christopher D. Grigg) 和明尼蘇達州區助理美國檢察官金伯利·斯文森 (Kimberly Svendsen) 的協助下起訴此案。美國檢察官皮斯還感謝美國移民和海關執法局職業責任辦公室在調查中提供的協助。

聯邦調查局創建了一個網站，供受害者舉報外國政府跟蹤、恐嚇或攻擊美國民眾的行為。如果您認為自己是或曾經是跨國鎮壓的受害者，請訪問https://www.fbi.gov/investigate/counterintelligence/transnational-repre….

起訴書只是一項指控，所有被告均被推定無罪，直到在法庭上排除合理懷疑而被證明有罪

布鲁克林的一个联邦大陪审团昨天发出一份替代起诉书，指控五名被告，包括一名现任联邦执法人员和一名退休联邦执法人员，犯有与代表中华人民共和国政府策划的跨国镇压阴谋有关的各种罪行。

被告刘凡（Fan “Frank” Liu），62 岁，纽约州杰里科人；马修·齐布里斯 (Matthew Ziburis)，49 岁，纽约州牡蛎湾人； 40 岁的中国公民孙强 (Qiang “Jason” Sun)于 2022 年 3 月被指控涉嫌针对政治观点和行动不受中国政府青睐的美国居民，实施跨国镇压阴谋(以上姓名均为音译)。除其它事项外，这些被告据称密谋毁坏一名居住在洛杉矶的中国公民的艺术品，此人对中国政府持批评态度。他们在艺术家的工作场所和汽车中安装了监视设备，以便从中国监视他。 刘和齐布里斯于 2022 年 3 月根据刑事起诉被捕，而孙仍然在逃。

替代起诉书在该阴谋中增加了两名新被告，即克雷格·米勒(Craig Miller)和德里克·泰勒(Derrick Taylor)。米勒是一名在国土安全部 (DHS) 的工作了 15 年的员工，目前被派往明尼阿波利斯的国土安全部紧急救援行动担任递解官，泰勒是一名退休的国土安全部执法人员，目前在加利福尼亚州欧文市担任私家侦探。米勒和泰勒在联邦调查局特工联系他们，询问他们从受限制的联邦执法数据库中获取和传播有关中国驻美国持不同政见人士的敏感和机密信息的情况后，被指控妨碍司法公正，因为其涉嫌销毁证据。米勒和泰勒均于 2022年6月根据刑事指控被捕。

“我们将捍卫美国人民参与自由言论和政治表达的权利，包括中华人民共和国政府想要箝制的观点，”负责国家安全的助理司法部长马修·奥尔森说。 “根据指控，这些人协助外国政府特工箝制避难于此的持不同政见人士声音。被告包括两名宣誓的执法人员，他们选择背弃誓言并违反法律。这项起诉书是让所有这些被告对其罪行负责的下一步。”

纽约东区美国检察官布伦·皮斯(Breon Peace)说：“正如所指控，本案涉及多方面的行动，旨在对行使言论自由的美国居民进行箝制、骚扰、抹黑和监视—在一名现任联邦执法官员和一名私家侦探的协助下，他们从受限制的执法数据库中提供了有关美国居民的机密信息，当面对他们的不当行为时，他们撒谎并销毁了证据。” “该办公室将始终与我们的执法伙伴密切合作，铲除各级政府的腐败官员，并将起诉那些代表敌对外国国家，针对美国领土上的美国居民言论自由采取行动的人。”

“本案暴露了中华人民共和国政府试图箝制美国境内的不同声音。被告（其中两名是现任或前任联邦执法官员）采取的行动表明，中华人民共和国如何试图跟踪、恐吓和箝制反对者，”联邦调查局反情报部门助理主任小艾伦·科勒 (Alan E. Kohler Jr.) 说。 “联邦调查局与跨国镇压作斗争，因为它本身就是一种邪恶，是对开放社会自由的侵犯。我们小区的安全和国家的安全受到这种犯罪行为的危害，我们仍然致力于打击跨国镇压，并将肇事者绳之以法。”

刘和齐布里斯被指控串谋充当中华人民共和国政府的代理人。刘、齐布里斯和孙被指控串谋进行州际骚扰和非法使用身份识别手段。刘和孙被指控串谋贿赂一名联邦官员，以获取

居住在美国的民主活动人士的纳税申报表。米勒和泰勒均被指控妨碍司法公正，而泰勒则被指控向联邦调查局做出虚假陈述。

如果罪名成立，刘将面临最高30年的监禁； 齐布里斯、孙和泰勒面临最高 25 年监禁；米勒面临最高20年的监禁。被告将于稍后出庭接受提审。

据称，刘和齐布里斯在孙的指导和控制下运作，抹黑居住在美国（包括纽约市、加利福尼亚州和印第安纳州）的中国民主持不同政见人士。努力传播有关居住在美国持不同政见者的负面信息，并对居住在美国持不同政见者进行监视、跟踪、骚扰和监视。

根据起诉书，刘的一名同谋（“同谋”）聘请泰勒获取居住在美国的多名中国持不同政见者的个人身份信息，包括护照信息和照片以及飞行和移民记录，据称泰勒责成包括米勒在内的两名国土安全部执法人员办理此事。据称，米勒和另一名国土安全部特工从受限数据库中获取了信息，并将其不当提供给泰勒，泰勒又与同谋分享了该信息。刘、齐布里斯和孙在代表中华人民共和国政府行事时，利用此类信息来对付和骚扰这些美国居民。

根据法庭文件，米勒和泰勒在面对联邦调查局时都对自己过去的行为撒了谎。根据起诉书，米勒在接受联邦调查局面谈时，从手机中删除了与泰勒的短信，泰勒指示一名同谋向美国政府隐瞒证据。在接受联邦调查局面谈时，泰勒错误地声称他从一位使用“黑色暗网”的朋友那里获得了相关记录—很可能是指暗网。

根据起诉书，同谋者打电话给泰勒，声称他收到了司法部的传票，要求提供同谋者与泰勒之间的通讯，而泰勒指示同谋者向美国政府隐瞒此类信息。

法庭文件显示，在接受联邦调查局面谈时，米勒最初声称与泰勒有零星接触，并表示两人并未讨论工作事宜。在特工告诫米勒要诚实后，米勒承认泰勒向他提供了姓名以运行执法数据库。米勒同意联邦调查局搜查他的手机，最终承认他为泰勒进行了查询，并将结果通

过短信发送给泰勒，而泰勒则提供了一张礼品卡作为酬劳。米勒随后承认，他在当天早些时候的面谈中删除了与泰勒的短信链，并且他捏造了之前有关该短信链的所有陈述，包括该短信链是否包含泰勒要求提供的姓名。

纽约东区助理美国检察官亚历山大·所罗门 (Alexander A. Solomon) 和艾米丽·迪恩 (Emily J. Dean) 正在国家安全部反情报和出口管制科出庭律师斯科特·克拉菲 (Scott Claffee)、加州中区助理美国检察官克里斯托弗·格里格 (Christopher D. Grigg) 和明尼苏达州区助理美国检察官金伯利·斯文森 (Kimberly Svendsen) 的协助下起诉此案。美国检察官皮斯还感谢美国移民和海关执法局职业责任办公室在调查中提供的协助。

联邦调查局创建了一个网站，供受害者举报外国政府跟踪、恐吓或攻击美国民众的行为。如果您认为自己是或曾经是跨国镇压的受害者，请访问https://www.fbi.gov/investigate/counterintelligence/transnational-repre….

起诉书只是一项指控，所有被告均被推定无罪，直到在法庭上排除合理怀疑而被证明有罪。

今天早些时候，大陪审团在布鲁克林联邦法院发回一份起诉书，指控五名被告人犯有与代表中华人民共和国政府策划的跨国镇压计划有关的各种罪行。

三名被告人——Fan “Frank” Liu、Matthew Ziburis和Qiang “Jason” Sun——据称参与了上述针对政治观点和行为不受中国政府支持（例如在中国宣扬民主）的美国居民的跨国镇压计划。 除其他事项外，被告人曾密谋摧毁居住在加利福尼亚州洛杉矶市的一名曾批评中国政府的中国公民的艺术品，并在该艺术家的工作场所和汽车中安装了监控设备，以从中国对其进行监视。 Liu和Ziburis已根据2022年3月的刑事控告书被捕，而Sun仍然在逃。

该计划中有两名新被告人——Craig Miller和Derrick Taylor。 Miller在国土安全部(DHS)工作了15年，目前被任命为国土安全部在明尼苏达州明尼阿波利斯市的紧急救援行动驱逐官；Taylor系一名退休的国土安全部执法人员，目前在加利福尼亚州尔湾市担任私家侦探。针对Miller和Taylor的指控涉及他们涉嫌妨碍司法公正（包括销毁证据），此前联邦调查局(FBI)特工接触了他们，并询问他们从受限制的执法数据库中获取有关在美国居住的中国持不同政见者的敏感和机密信息并加以传播的情况。这些信息被Liu和Sun在上述跨国镇压计划中使用。Miller和Taylor均根据一份2022年6月的刑事控告书被捕。

纽约州东区联邦检察官Breon Peace, 司法部负责国家安全司的助理司法部长Matthew Olsen 和联邦调查局负责纽约外勤办公室的助理局长Michael J. Driscoll宣布了上述逮捕和 指控。

“据称，这起案件涉及对行使言论自由的美国居民进行禁言、骚扰、抹黑和监视的多方面行动，这些行动得到了一名现任联邦执法人员和一名私家侦探的协助，他们提供了来自一个受限制的执法数据库的有关美国居民的机密信息，且当被指出不当行为时，他们撒了谎并销毁了证据，”联邦检察官Peace如是说。“本办公室将始终与我们的执法伙伴密切合作，铲除各级政府中的腐败官员，并将起诉那些代表敌对外国针对美国居民在美国领土上言论自由的人。” 

Peace先生感谢美国移民与海关执法局职业责任办公室在本次调查中提供的协助。

“正如起诉书中所称，被告人实施了各种行为，以促进旨在压制中国持不同政见者在美国领土上的言论自由的跨国镇压计划。其中一名被告人甚至是一名联邦执法人员，据称他访问了政府数据库以协助非法活动，该行为与其保护所有美国居民权利的职责直接冲突。今天的行动是联邦调查局承诺积极追捕那些试图将敌对外国政府的利益置于我们居民利益之上的人的最新例证，”联邦调查局助理局长Driscoll如是说。

被告人概述

根据法庭文件，Liu系长岛杰里科居民，为一家据称位于纽约市的媒体公司的总裁；Ziburis系长岛牡蛎湾居民，为佛罗里达州退任惩教官和保镖；Sun系一家国际科技公司的中国员工；Miller在国土安全部(DHS)工作了15年，目前被任命为国土安全部在明尼苏达州明尼阿波利斯市的紧急救援行动驱逐官；Taylor系一名退休的国土安全部执法人员，目前在加利福尼亚州尔湾市担任私家侦探。

据称，Liu和Ziburis被指控合谋充当中国政府的代理人。Liu、Ziburis和Sun被指控合谋进行州际骚扰和将身份识别手段用于犯罪。Liu和Sun被指控合谋贿赂一名联邦官员，以获取一名在美国居住的民主活动人士的纳税申报表。 Miller和Taylor均被指控妨碍司法公正，而Taylor还被指控向联邦调查局作出虚假陈述。

案涉方案

如法庭文件所述，Liu和Ziburis在Sun的指挥和控制下，通过监视支持民主的中国持不同政见者并传播他们的负面信息，来诋毁这些居住在美国（包括纽约市、加利福尼亚州和印第安纳州）的支持民主的中国持不同政见者。例如，在Sun的指示下，Liu付钱给皇后区的一名私家侦探去贿赂美国国税局雇员，以获取其中一名持不同政见者的联邦纳税申报表。该私家侦探目前正配合执法部门调查，且国税局没有任何雇员收受贿赂。被告人计划公开披露该持不同政见者可能的税务责任，以诋毁他。合谋者还计划摧毁一名批评中国政府的持不同政见艺术家的艺术品，该艺术家将中国国家主席习近平描绘成冠状病毒分子的雕塑于 2021年春天被拆除。Sun还为Liu和Ziburis在跟踪、骚扰和监视在美国居住的持不同政见者方面的活动付费。

作为他们活动的一部分，Liu、Ziburis和Sun以电子方式监视民主活动人士。例如，Ziburis冒充一名有意购买持不同政见艺术家作品的艺术品经销商，偷偷地在该持不同政见者的工作场所和车内安装了监控摄像头和GPS设备。而Sun在中国观看了来自这些设备的实时视频和位置数据。Liu、Ziburis和Sun制定了类似的计划，在另外两名持不同政见者的住所和车辆上安装监控设备。 Liu和Ziburis计划以国际体育委员会成员的身份进入上述住所。

Liu、Ziburis和Sun还计划在模拟媒体会议上，打着Liu自称的媒体组织的旗号，采访持不同政见者。Sun为这些虚假采访提供了大纲，并设计了一些问题来引出旨在羞辱或抹黑持不同政见者的答案。Liu、Ziburis和Sun打算将这些陈述的音频或视频剪辑用于中国针对持不同政见者的宣传材料。

Liu的一名合谋者（下称合谋者）聘请Taylor获取有关在美国居住的多名中国持不同政见者的机密和敏感个人身份信息（包括护照信息、护照照片、飞行记录和移民记录）。Taylor进而委托包括Miller在内的两名国土安全部执法人员获取这些记录。Miller和另一名国土安全部工作人员从一个受限制的联邦执法数据库中获取了上述信息，并将这些记录不当提供给Taylor，后者随后将信息传递给了合谋者。Liu、Ziburis和Sun在代表中国政府行事的同时，利用这些信息针对和骚扰中国持不同政见者。

后来，合谋者在执法部门的指示下打电话给Taylor，声称他收到了司法部的传票，要求提供合谋者与Taylor的通信情况。Taylor指示合谋者不要向政府提供此类信息。Miller和Taylor从一个受限制的联邦执法数据库中获取有关在美国居住的中国持不同政见者的敏感和机密信息，并加以传播。Liu、Ziburis 和 Sun 在针对这些持不同政见者的跨国镇压计划中使用了这些不当提供的信息。

当联邦调查局特工质问Miller和Taylor在不当传播机密和敏感执法信息方面所扮演的角色时，Miller和Taylor均对他们过去的行为撒了谎。此外，Miller在接受联邦调查局讯问时从他的手机中删除了与Taylor的短信，Taylor指示合谋者不要向政府提供证据。

在接受联邦调查局特工讯问时，Taylor谎称他从一位使用“黑色暗网”——很可能是指“暗网”——的朋友那里获得的相关记录。

当联邦调查局特工讯问Miller时，其最初声称与Taylor有零星接触，但自从Taylor退休成为一名私家侦探后，两人就没有讨论过工作问题。在特工告诫Miller要诚实后，Miller承认Taylor向他提供了一些姓名以供他浏览执法数据库，但声称这些姓名不在他的电话中，并在讯问过程中反复提及这一点。联邦调查局特工随后要求Miller同意搜查其手机。Miller同意并最终承认，他为Taylor运行了查询并通过短信将结果发送给Taylor，且Taylor提供了一张礼品卡作为回报。

讯问结束后，联邦调查局特工开始搜查Miller的手机，但无法找到Miller在讯问中提到的Miller和Taylor之间的短信。特工随后致电Miller，询问该等短信是否还在手机中。其确认，该等短信是在“Derrik”这一名称之下，并对特工找不到它们表示惊讶。在联邦调查局特工提醒Miller向联邦执法人员撒谎是犯罪行为后，Miller承认，他在当天早些时候的讯问中删除了与Taylor的文本链，并捏造了之前关于文本链的所有陈述（包括该文本链是否包括Taylor要求的姓名）。

起诉书中的各项指控属于指摘，除非被证明有罪，否则 被告人被推定为无罪。如果罪名成立，Liu将面临最高30年的监禁；Ziburis、Sun和Taylor将面临最高25年的监禁；Miller将面临最高20年的监禁。

联邦调查局为受害者创建了一个网站，用于报告外国政府在美国跟踪、恐吓或攻击人们的行为。如果您认为自己是或曾经是跨国镇压的受害者，请访问https://www.fbi.gov/investigate/counterintelligence/transnational-repression网站。

政府案件由本办公室的国家安全与网络犯罪科处理。助理联邦检察官Alexander A. Solomon和Emily J. Dean在国家安全司反间谍与出口管制科的审判律师Scott Claffee、加利福尼亚州中区联邦检察官办公室助理联邦检察官 Christopher D. Grigg和明尼苏达地区联邦检察官办公室助理联邦检察官Kimberly Svendsen的协助下，对这起案件提起公诉。

被告人：

Fan “Frank” Liu
年龄：62岁
纽约杰里科

Matthew Ziburis
年龄：49岁
纽约牡蛎湾

Qiang “Jason” Sun
年龄：40岁
中华人民共和国

Craig Miller
年龄：48
明尼苏达州

Derrick Taylor
年龄：60
加利福尼亚州尔湾市

纽约州东区联邦地区法院案卷编号：22-CR-00311 (LDH) (VMS)

A federal grand jury in Brooklyn returned a superseding indictment yesterday charging five defendants, including one current federal law enforcement officer and one retired federal law enforcement officer, with various crimes pertaining to a transnational repression scheme orchestrated on behalf of the Government of the People’s Republic of China (PRC).

Defendants Fan “Frank” Liu, 62, of Jericho, New York; Matthew Ziburis, 49, of Oyster Bay, New York; and Qiang “Jason” Sun, 40, of the PRC were charged in March 2022 with allegedly perpetrating a transnational repression scheme that targeted U.S. residents whose political views and actions are disfavored by the PRC Government. Among other items, these defendants allegedly plotted to destroy the artwork of a PRC national residing in Los Angeles, who was critical of the PRC government and planted surveillance equipment in the artist’s workplace and car to spy on him from the PRC. Liu and Ziburis were arrested pursuant to a criminal complaint in March 2022, while Sun remains at large.

The superseding indictment adds two new defendants, Craig Miller and Derrick Taylor, to the scheme. Miller is a 15-year employee of the Department of Homeland Security (DHS), currently assigned as a deportation officer to DHS’s Emergency Relief Operations in Minneapolis, and Taylor is a retired DHS law enforcement agent who presently works as a private investigator in Irvine, California. Miller and Taylor are charged with obstruction of justice for allegedly destroying evidence after they were approached by FBI agents and asked about their procurement and dissemination of sensitive and confidential information from a restricted federal law enforcement database regarding U.S.-based dissidents from the PRC. Both Miller and Taylor were arrested pursuant to a criminal complaint in June 2022.

“We will defend the rights of people in the United States to engage in free speech and political expression, including views the PRC government wants to silence,” said Assistant Attorney General for National Security Matthew G. Olsen. “As charged, these individuals aided agents of a foreign government in seeking to suppress dissenting voices who have taken refuge here. The defendants include two sworn law enforcement officers who chose to forsake their oaths and violate the law. This indictment is the next step in holding all of these defendants responsible for their crimes.”

“As alleged, this case involves a multifaceted campaign to silence, harass, discredit and spy on U.S. residents for exercising their freedom of speech – aided by a current federal law enforcement officer and a private investigator who provided confidential information about U.S. residents from a restricted law enforcement database, and when confronted about their improper conduct, lied and destroyed evidence,” said U.S. Attorney Breon Peace for the Eastern District of New York. “This office will always work closely with our law enforcement partners to root out corrupt officials in all levels of government and will prosecute those who act on behalf of a hostile foreign state to target the free speech of U.S. residents on American soil.” 

“This case exposes attempts by the government of the PRC to suppress dissenting voices within the United States. Actions taken by the defendants – two of which are current or former federal law enforcement officers – demonstrate how the PRC seeks to stalk, intimidate, and silence those who oppose it,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division. “The FBI battles transnational repression because it is an evil in its own right, and an assault on the freedoms of an open society. Our community’s safety and our nation’s security were jeopardized by this criminal behavior, and we remain dedicated to combating transnational repression and bringing to justice those that perpetrate it.”

Liu and Ziburis are charged with conspiring to act as agents of the PRC government. Liu, Ziburis and Sun are charged with conspiring to commit interstate harassment and criminal use of a means of identification. Liu and Sun are charged with conspiring to bribe a federal official in connection with their scheme to obtain the tax returns of a pro-democracy activist residing in the United States. Both Miller and Taylor are charged with obstruction of justice, while Taylor is charged with making a false statement to the FBI.

If convicted, Liu faces up to 30 years’ imprisonment; Ziburis, Sun and Taylor face up to 25 years’ imprisonment; and Miller faces up to 20 years’ imprisonment. The defendants will be arraigned at a later date.

As alleged, Liu and Ziburis operated under Sun’s direction and control to discredit pro-democracy PRC dissidents residing in the United States, including those in New York City, California and Indiana. with efforts to disseminate negative information about, and to spy on, stalk, harass and surveil U.S.-based dissidents.

According to the indictment, one of Liu’s co-conspirators (“Co-conspirator”) retained Taylor to obtain personal identification information regarding multiple PRC dissidents residing in the United States, including passport information and photos, and flight and immigration records, which Taylor allegedly tasked to two DHS law enforcement officers, including Miller. As alleged, Miller and the other DHS agent obtained the information from the restricted database and improperly provided it to Taylor, who shared it with the Co-conspirator. Liu, Ziburis and Sun used this information to target and harass these U.S. residents while acting on behalf of the PRC government.

According to court documents, Miller and Taylor both lied about their past conduct when confronted by the FBI. According to the indictment, Miller deleted text messages with Taylor from his phone while being interviewed by the FBI, and Taylor instructed a co-conspirator to withhold evidence from the U.S. government. When interviewed by the FBI, Taylor falsely claimed that he obtained the records in question from a friend who was using the “Black Dark Web” — likely a reference to the dark web.

According to the indictment, the Co-conspirator called Taylor and claimed he received a subpoena from the Department of Justice seeking the Co-conspirator’s communications with Taylor, and Taylor directed the Co-conspirator to withhold such information from the U.S. government.

According to court documents, when interviewed by the FBI, Miller initially claimed to be in sporadic contact with Taylor and said the two did not discuss work matters. After agents admonished Miller to be honest, Miller admitted that Taylor provided him names to run through law enforcement databases. Miller granted consent to the FBI to search his phone, and ultimately admitted that he ran the queries for Taylor and sent the results to Taylor via text message, and that Taylor had provided a gift card in return. Miller then admitted that he deleted the text chain with Taylor during the interview earlier that day and that he fabricated all earlier statements about the text chain, including whether the chain included the names requested by Taylor.

Assistant U.S. Attorneys Alexander A. Solomon and Emily J. Dean for the Eastern District of New York are prosecuting the case with assistance provided by Trial Attorney Scott Claffee of the National Security Division’s Counterintelligence and Export Control Section, Assistant U.S. Attorney Christopher D. Grigg for the Central District of California and Assistant U.S. Attorney Kimberly Svendsen for the District of Minnesota. U.S. Attorney Peace also thanked the U.S. Immigration and Customs Enforcement, Office of Professional Responsibility, for its assistance in the investigation.

The FBI has created a website for victims to report efforts by foreign governments to stalk, intimidate, or assault people in the United States. If you believe that you are or have been a victim of transnational repression, please visit https://www.fbi.gov/investigate/counterintelligence/transnational-repression.

An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Yesterday, a grand jury returned an indictment in federal court in Brooklyn charging five defendants with various crimes pertaining to a transnational repression scheme orchestrated on behalf of the government of the People’s Republic of China (PRC).  The case is assigned to the United States District Judge LaShann DeArcy Hall and the defendants’ will be arraigned at a later date.

Three of the defendants—Fan “Frank” Liu, Matthew Ziburis, and Qiang “Jason” Sun—allegedly perpetrated in the transnational repression scheme to target U.S. residents whose political views and actions are disfavored by the PRC government, such as advocating for democracy in the PRC.  Among other items, the defendants plotted to destroy the artwork of a PRC national residing in Los Angeles, California that was critical of the PRC government, and planted surveillance equipment in the artist’s workplace and car to spy on him from the PRC.  Liu and Ziburis were arrested pursuant to a criminal complaint in March 2022, while Sun remains at large.

There are two new defendants charged in the scheme, Craig Miller and Derrick Taylor.  Miller is a 15-year employee of the Department of Homeland Security (DHS), currently assigned as a Deportation Officer to DHS's Enforcement and Removal Operations in Minneapolis, Minnesota; and Taylor is a retired DHS law enforcement agent who presently works as a private investigator in Irvine, California.  The charges against Miller and Taylor pertain to their alleged obstruction of justice, including by destroying evidence, after they were approached by agents with the Federal Bureau of Investigation (FBI) and asked about their procurement and dissemination of sensitive and confidential information from a restricted federal law enforcement database regarding U.S.-based dissidents from the PRC.  This information was used by Liu and Sun in the transnational repression scheme.  Both Miller and Taylor were arrested pursuant to a criminal complaint in June 2022.

Breon Peace, United States Attorney for the Eastern District of New York, Matthew G. Olsen, Assistant Attorney General for National Security, and Michael J. Driscoll, Assistant Director-in-Charge, FBI, New York Field Office, announced the arrests and charges.

“As alleged, this case involves a multifaceted campaign to silence, harass, discredit and spy on U.S. residents for exercising their freedom of speech – aided by a current federal law enforcement officer and a private investigator who provided confidential information about U.S. residents from a restricted law enforcement database, and when confronted about their improper conduct, lied and destroyed evidence,” stated United States Attorney Peace.  “This Office will always work closely with our law enforcement partners to root out corrupt officials in all levels of government and will prosecute those who act on behalf of a hostile foreign state to target the free speech of U.S. residents on American soil.” 

Mr. Peace thanked the U.S. Immigration and Customs Enforcement, Office of Professional Responsibility, for its assistance in the investigation.

“We will defend the rights of people in the United States to engage in free speech and political expression, including views the PRC government wants to silence” said Assistant Attorney General for National Security Olsen. “As charged, these individuals aided agents of a foreign government in seeking to suppress dissenting voices who have taken refuge here. The defendants include two sworn law enforcement officers who choose to forsake their oaths and violate the law. This indictment is the next step in holding all of these defendants responsible for their crimes.”

“As alleged in the indictment, the defendants committed various acts in furtherance of a transnational repression scheme aimed at silencing the free speech of PRC dissidents on U.S. soil.  One of the defendants was even a federal law enforcement officer who allegedly accessed government databases to aid the illegal campaign in direct conflict with his duty to protect the rights of all U.S. residents.  Today’s action is the latest example of the FBI’s commitment to aggressively pursue those who attempt to put the interests of hostile foreign governments above those of our residents,” stated FBI Assistant Director-in-Charge Driscoll. 

Defendant Overview

According to court documents, Liu, a resident of Jericho, Long Island, is president of a purported media company based in New York City; Ziburis, a resident of Oyster Bay, Long Island, is a former correctional officer for the State of Florida and a bodyguard; Sun is a PRC-based employee of an international technology company; Miller is a 15-year employee of the Department of Homeland Security (DHS), currently assigned as a Deportation Officer to DHS’s Emergency Relief Operations in Minneapolis, Minnesota; and Taylor is a retired DHS law enforcement agent who presently works as a private investigator in Irvine, California. 

As alleged, Liu and Ziburis are charged with conspiring to act as agents of the PRC government.  Liu, Ziburis, and Sun are charged with conspiring to commit interstate harassment and criminal use of a means of identification.  Liu and Sun are charged with conspiring to bribe a federal official in connection with their scheme to obtain the tax returns of a pro-democracy activist residing in the United States.  Both Miller and Taylor are charged with obstruction of justice, while Taylor is charged with making a false statement to the FBI.

The Scheme

As set forth in court filings, Liu and Ziburis operated under Sun’s direction and control to discredit pro-democracy PRC dissidents residing in the United States—including in New York City, California, and Indiana—by spying on them and disseminating negative information about them.  For example, at Sun’s direction, Liu paid a private investigator in Queens to bribe an Internal Revenue Service employee to obtain the federal tax returns of one of the dissidents.  The private investigator was cooperating with law enforcement, and no Internal Revenue Service employee received a bribe payment.  The defendants planned to publicly disclose the dissident’s potential tax liabilities to discredit him.  The co-conspirators also made plans to destroy the artwork of a dissident artist whose work is critical of the PRC government, and the artist’s sculpture depicting PRC President Xi Jinping as a coronavirus molecule was demolished in the Spring of 2021.  Sun paid both Liu and Ziburis for these efforts to stalk, harass, and surveil dissidents residing in the United States. 

As part of their efforts, Liu, Ziburis, and Sun electronically spied on the pro-democracy activists.  For example, posing as an art dealer interested in purchasing the artwork of the dissident artist, Ziburis secretly installed surveillance cameras and GPS devices at the dissident’s workplace and in his car.  While in the PRC, Sun watched the live video feed and location data from these devices.  Liu, Ziburis, and Sun made similar plans to install surveillance equipment at the residences and on the vehicles of two other dissidents.  Liu and Ziburis planned to gain access to one such residence by posing as a member of an international sports committee. 

Liu, Ziburis, and Sun also planned to interview the dissidents in mock media sessions, using the cover of Liu’s purported media organization.  Sun provided outlines for these fake interviews and designed questions to elicit answers that were intended to humiliate or discredit the dissidents.  Liu, Ziburis, and Sun intended that audio or video clips of these statements could be used in PRC propaganda materials targeting the dissidents.

One of Liu’s co-conspirators (Co-conspirator) retained Taylor to obtain confidential and sensitive personal identification information regarding multiple PRC dissidents residing in the United States, including passport information, passport photos, flight records, and immigration records.  In turn, Taylor tasked two DHS law enforcement officers, including Miller, to obtain these records.  Miller and the other DHS agent obtained the information from a restricted federal law enforcement database and improperly provided the records to Taylor, who then passed the information to the Co-conspirator.  Liu, Ziburis, and Sun used this information to target and harass the PRC dissidents, while acting on behalf of the PRC government.

Later, the Co-conspirator, acting at the direction of law enforcement, called Taylor and claimed that he had received a subpoena from the Department of Justice seeking the Co-conspirator’s communications with Taylor.  Taylor directed the Co-conspirator to withhold such information from the government.  Miller and Taylor procured and disseminated sensitive and confidential information from a restricted federal law enforcement database regarding U.S.-based dissidents from the PRC.  This improperly provided information was used by Liu, Ziburis, and Sun in the transnational repression scheme targeting these very dissidents.

When FBI special agents confronted Miller and Taylor about their roles in improperly disseminating confidential and sensitive law enforcement information, Miller and Taylor both lied about their past conduct.  Additionally, Miller deleted text messages with Taylor from his phone while being interviewed by the FBI, and Taylor instructed a co-conspirator to withhold evidence from the government.

When interviewed by FBI special agents, Taylor falsely claimed that he had obtained the records in question from a friend who was using the “Black Dark Web”—likely a reference to the “Dark Web.”

When FBI special agents interviewed Miller, he initially claimed to be in sporadic contact with Taylor, but that the two did not discuss work matters since Taylor’s retirement to become a private investigator.  After agents admonished Miller to be honest, Miller admitted that Taylor had provided him names to run through law enforcement databases but claimed that the names were not in his phone, which he repeatedly consulted and referred to during the interview.  FBI special agents then asked Miller for consent to search the phone.  Miller granted consent and ultimately admitted that he had run the queries for Taylor and sent the results to Taylor via text message, and that Taylor had provided a gift card in return. 

Following the interview, FBI special agents began to search Miller’s phone but were unable to find the text messages between Miller and Taylor that Miller had referred to during the interview.  Agents then called Miller to ask whether the text messages were still in the phone.  He confirmed that they were under the name “Derrick” and expressed surprise that the agents could not find them.  After FBI agents reminded Miller that it is a crime to lie to federal law enforcement officers, Miller admitted that he had deleted the text chain with Taylor during the interview earlier that day and that he had fabricated all earlier statements about the text chain, including whether the chain included the names requested by Taylor. 

The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.  If convicted of the charges, Liu faces up to 30 years’ imprisonment; Ziburis, Sun, and Taylor face up to 25 years’ imprisonment; and Miller faces up to 20 years’ imprisonment.

The FBI has created a website for victims to report efforts by foreign governments to stalk, intimidate, or assault people in the United States.  If you believe that you are or have been a victim of transnational repression, please visit https://www.fbi.gov/investigate/counterintelligence/transnational-repression.

The government’s case is being handled by the Office’s National Security and Cybercrime Section.  Assistant U.S. Attorneys Alexander A. Solomon and Emily J. Dean are prosecuting the case with assistance provided by Trial Attorney Scott Claffee of the National Security Division’s Counterintelligence and Export Control Section, Assistant U.S. Attorney Christopher D. Grigg of the U.S. Attorney’s Office for the Central District of California, and Assistant U.S. Attorney Kimberly Svendsen of the U.S. Attorney’s Office for the District of Minnesota.

The Defendants:

FAN "FRANK" LIU
Age:  62
Jericho, New York

MATTHEW ZIBURIS
Age:  49
Oyster Bay, New York

QIANG “JASON” SUN
Age:  40
People’s Republic of China

CRAIG MILLER
Age:  48
Hastings, Minnesota

DERRICK TAYLOR
Age: 60
Irvine, California

E.D.N.Y. Docket No. 22-CR-00311 (LDH) (VMS)

Earlier today, in federal court in Brooklyn, Rayvaughn Williams was sentenced by United States District Judge Nicholas G. Garaufis to 125 months’ imprisonment following his guilty plea to attempted Hobbs Act robbery in connection with his August 12, 2019 attempt to rob a pharmacy in Canarsie, Brooklyn, during which Williams repeatedly stabbed a pharmacy employee.

Breon Peace, United States Attorney for the Eastern District of New York, John B. DeVito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Keechant L. Sewell, Commissioner, New York City Police Department (NYPD), announced the sentence.

“Rayvaughn Williams tried to rob a neighborhood pharmacy and ended up senselessly, viciously attacking an innocent employee merely because he could not open the cash register fast enough,” stated United States Attorney Peace.  “Today’s sentence sends a message that those who engaged in violence in our communities will be held accountable.”

“This sentencing brings yet another violent criminal to justice,” stated ATF New York Special Agent-in-Charge DeVito. “This atrocious and unwarranted violent attack on an innocent person is unacceptable. Fortunately, the victim survived due to the quick response of the EMTs and the investigative efforts of our partners at NYPD’s Brooklyn Robbery Squad. ATF will continue to work with our partners to keep our communities safe.” 

“Violence will never be tolerated in our city,” stated NYPD Commissioner Sewell.  “And actions must have consequences. Today’s sentence removes a career criminal with multiple arrests for armed robbery from our streets, and the people of Brooklyn can breathe a little easier. I want to thank the U.S. Attorney’s Office for the Eastern District of New York, the New York Field Division of the Bureau of Alcohol, Tobacco, and Firearms, and all of our own officers and detectives who brought this case to a successful conclusion.” 

According to court filings and statements made by the defendant at his guilty plea proceeding, on August 12, 2019, Williams entered the Canarsie Plaza Pharmacy and claimed he was there to pick up a prescription.  When the employee could not find a record of the prescription, Williams removed a knife from a plastic bag he was carrying and demanded money.  When the employee tried but failed to open the register, Williams vaulted over the counter and stabbed the employee repeatedly.  The employee was seriously wounded, but survived the attack.

Assistant United States Attorney Robert M. Pollack is in charge of the prosecution.

The Defendant:

RAYVAUGHN WILLIAMS
Age:  26
Brooklyn, New York

E.D.N.Y. Docket No.: 20-CR-273 (NGG)

Earlier today, in federal court in Brooklyn, Hilda Maria Gonzalez Lopez, also known as “La Boyaca” and “Daniela,” who aligned herself with powerful members of Los Rastrojos, a breakoff group of the violent arm of the Norte Valle Cartel, was sentenced by United States District Judge I. Leo Glasser to 10 years in prison and ordered to pay $5 million in forfeiture following her guilty plea for participating in a conspiracy to internationally distribute cocaine. In her October 2021 plea agreement, Gonzalez Lopez stipulated that she was responsible for distributing more than 450 kilograms of cocaine and agreed to forfeit $5,000,000. 

Breon Peace, United States Attorney for the Eastern District of New York, Ricky J. Patel, Acting Special Agent in Charge, Homeland Security Investigations, New York (HSI), and Frank A. Tarentino III, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), announced the sentence.

“For years, the defendant profited from trafficking cocaine and operating a ‘collection office,’ which relied on hitmen to collect drug debts, and she did so without regard for the harm she inflicted on communities stretching from Colombia to the United States,” stated United States Attorney Breon Peace.  “Today’s sentencing demonstrates the results of the Department of Justice’s ongoing commitment to working with our international partners to dismantle destructive transcontinental drug trafficking organizations.” 

Mr. Peace extended his appreciation to the New York City Police Department (NYPD), New York State Police (NYSP), Justice Department’s Office of International Affairs, Colombian law enforcement authorities, and the Criminal Division’s Narcotic and Dangerous Drug Section (NDDS) Judicial Attachés in Bogotá, Colombia who assisted in the apprehension and extradition of the defendant.

“Gonzalez Lopez was at the helm of a narcotrafficking operation who arranged cocaine shipments, negotiated ‘taxes’ with other narcotraffickers, and employed hitmen to collect debts.  Today’s sentencing helps to ensure this lucrative and violent organization saw their final delivery – justice,” said HSI Acting Special Agent in Charge Patel.  “HSI and our partners will continue to leverage our international reach to aggressively pursue drug traffickers wherever they operate.”

“Using intimidation and fear, Hilda Maria Gonzalez Lopez made millions of dollars exporting loads of cocaine from Colombia to the United States,” said DEA Special Agent-in-Charge Tarentino.  “The DEA leaves no stone unturned, and this arrest signifies our resolve to bring those responsible for flooding our streets with poison to justice.  I commend the diligent work by the U.S. Attorney’s Office Eastern District of New York and our local, state, federal, and international law enforcement partners.” 

Los Rastrojos

In approximately the early 1990’s, a group of narcotics traffickers based in the Norte Valle del Cauca region of Colombia, located near Colombia’s west coast, began to dominate the cocaine trade in Colombia, and became known as the “Norte Valle Cartel.”  Between 1990 and 2006, the Norte Valle Cartel was responsible for the exportation to the United States of more than one million kilograms of cocaine with a wholesale value exceeding several billion dollars.

In the early 2000s, high-ranking members of the Norte Valle Cartel’s armed contingent—which was responsible for assassinations, kidnappings, and the collection of drug debts through violence or the threat of violence—broke off to form Los Rastrojos. After 2008, Javier Antonio Calle Serna (Calle Serna) took control of the organization.  Under his leadership, Los Rastrojos acted as a paramilitary group with over 1,500 members and took control of several provinces of Colombia.   In those areas, Los Rastrojos corrupted government officials, sanctioned violence, and “taxed” drug traffickers who operated in the cartel’s territory.  

The Defendant’s Conduct

Between 2005 and 2011, according to court filings, Gonzalez Lopez was directly involved in coordinating the shipment and distribution of cocaine and leveraged her relationship with powerful and violent narcotraffickers, including Calle Serna.  Gonzalez Lopez began brokering her own multi-hundred-kilogram shipments of cocaine from Colombia to Mexico and Central America for ultimate distribution in the United States.

Gonzalez Lopez coordinated drug transportation routes and paid export “taxes” to the Los Rastrojos.  She also used her relationship with Calle Serna to negotiate lower export taxes and maintain control of a drug debt collection operation in which she employed collectors or hitmen to collect drug debts, for which she received a percentage of the recovered debt as compensation. 

During these six years, Gonzalez Lopez was personally responsible for at least 450 kilograms of cocaine, which yielded her profits of at least $5,000,000. 

On July 12, 2019, the defendant was arrested in Colombia at the request of the United States and was extradited to the United States on March 5, 2021.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.

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

The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section.  Assistant United States Attorneys Nomi Berenson and Robert M. Pollack are in charge of the prosecution.

The Defendant:

HILDA MARIA GONZALEZ LOPEZ (also known as “La Boyaca” and “Daniela”)
Age:  47
Boyaca, Colombia

E.D.N.Y. Docket No. 16-CR-379 (ILG)

Earlier today, in federal court in Brooklyn, Leon Miles was sentenced by United States District Judge Brian M. Cogan to 72 months in prison following his guilty plea to making false statements in an application for over $1.9 million from the Paycheck Protection Program (PPP), which Congress created as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The court also ordered forfeiture in the amount of $1,904,593, including the 2020 Bentley that the government seized, and restitution in the amount of $598,299.39 to the authorized lender.

Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); Amaleka McCall-Brathwaite, Special Agent-in-Charge, Office of the Inspector General of the U.S. Small Business Administration, Eastern Region Office (SBA-OIG); and Thomas M. Fattorusso, Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York (IRS-CI), announced the sentence.

“Leon Miles selfishly enriched himself by defrauding a program designed to alleviate the economic suffering caused by the COVID-19 pandemic,” stated United States Attorney Peace.  “The defendant stole nearly $2 million dollars that was intended to keep struggling businesses afloat and honest workers employed, and he spent those funds on personal luxuries.  This Office and our agency partners will continue working to bring to justice those fraudsters who try to take advantage of a national emergency, and recover every dollar that they stole from the government.”

“Leon Miles indulged himself at the expense of U.S. taxpayers by both defrauding the Paycheck Protection Program and victimizing those business owners who legitimately needed the benefits.  Today’s sentencing is a fair response to Miles’s criminal behavior and he will now face justice behind bars,” stated IRS-CI Special Agent-in-Charge Fattorusso.  

“OIG works tirelessly to identify persons seeking to use falsified information to selfishly exploit SBA programs meant to uplift the nation’s small businesses,” said SBA OIG Eastern Region Special Agent in Charge McCall-Brathwaite. “Our Office will remain relentless in the pursuit of fraudsters who seek to exploit SBA’s vital economic programs. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and commitment to seeing justice served.”

The CARES Act is a federal law enacted on March 29, 2020 to provide emergency financial assistance in connection with economic effects of the COVID-19 pandemic.  One source of relief provided by the CARES Act was the allocation of funds for the issuance of forgivable loans to small businesses for job retention and certain other expenses through the PPP.  The PPP allowed qualifying small businesses to receive unsecured loans on favorable terms, which they were required to use for specified expenses, including payroll costs, interest on mortgages, rent and utilities.  The PPP provided for forgiveness of the loan if recipient businesses spent the proceeds on these specified expenses within a limited time period and used a certain percentage for payroll costs.

In May 2020, Miles applied for a $1,904,593.00 PPP loan on behalf of a limited liability company he owns in Brooklyn, falsely claiming that the company had 50 employees and a total average monthly payroll of $761,838.00.  In support of these claims, Miles submitted fraudulent personal and business tax returns and tax forms that were never filed with the IRS.  In fact, he reported to the IRS no taxable income during the relevant period, and his company filed no tax returns and reported no wages paid to employees.  The loan proceeds were disbursed to Miles’s personal savings account, and within days he had withdrawn hundreds of thousands of dollars, a portion of which he used to purchase a 2020 Bentley Continental for approximately $250,000 and a 2020 Cadillac Escalade for approximately $100,000.  The government seized the 2020 Bentley Continental, and the insurance proceeds of the 2020 Cadillac Escalade, which had been totaled.  Additionally, approximately $1.3 million of the loan proceeds were frozen and returned to the authorized lender.

The government’s case is being prosecuted by Assistant United States Attorney Robert M. Pollack.  Assistant United States Attorney Brian D. Morris of the Office’s Asset Recovery Section is handling forfeiture matters.

The Defendant:

LEON MILES
Age:  53
Brooklyn, New York

E.D.N.Y. Docket No.: 21-CR-221 (BMC)

Kristen Clarke, Assistant Attorney General for the Justice Department’s Civil Rights Division, Damian Williams, the United States Attorney for the Southern District of New York, and Breon Peace, the United States Attorney for the Eastern District of New York, announced today a civil pattern or practice investigation into the Special Victims Division (SVD) of the New York City Police Department (NYPD). The investigation will assess whether the SVD engages in a pattern or practice of gender-biased policing. The investigation will include a comprehensive review of the policies, procedures, and training for SVD investigations of sexual assault crimes, including how SVD interacts with survivors and witnesses, collects evidence, and completes investigations; any steps NYPD has taken to address deficiencies in its handling of sexual assault crimes; how SVD allocates staffing and other resources; and the services and support offered to survivors of sexual assault. As part of this investigation, the Justice Department officials will reach out to community groups and members of the public to learn about their experiences with SVD.   

Prior to the announcement, Justice Department (Department) officials notified Mayor Eric Adams, NYPD Commissioner Keechant L. Sewell, and NYC Corporation Counsel Sylvia O. Hinds-Radix, who have pledged to cooperate with the investigation.

Assistant Attorney General Kristen Clarke said: “Survivors of sexual assault should expect effective, trauma-informed and victim-centered investigations by police departments. Based on information provided to the Justice Department, we find significant justification to investigate whether the NYPD’s Special Victims Division engages in a pattern or practice of gender-biased policing. Investigations into sexual assault that comply with the Constitution promote accountability, enhance public safety and foster community trust.”

EDNY U.S. Attorney Breon Peace said: “Respectful, thorough, and complete investigations of sexual assaults are fundamental to a well-functioning justice system.  Over the last several months, we have learned concerning information from a variety of sources of historical issues about the way the Special Victims Division has conducted its investigations for many years.  Our review is intended to ensure that, going forward, survivors of sexual assault in New York City receive fair and just treatment in the criminal justice system, and as a result, those who engage in sexual violence are held accountable.  We appreciate that the NYPD has already taken steps to address these concerns.”

SDNY U.S. Attorney Damian Williams said: “Victims of sex crimes deserve the same rigorous and unbiased investigations of their cases that the NYPD affords to other categories of crime.  Likewise, relentless and effective pursuit of perpetrators of sexual violence, unburdened by gender stereotypes or differential treatment, is essential to public safety. We look forward to working with our partners in EDNY and the Civil Rights Division to assess the NYPD’s practices in this area.”

The Department received information alleging deficiencies at SVD that have persisted for more than a decade, depriving survivors and the public of the prompt, thorough, and effective investigations needed to protect public safety. These deficiencies allegedly include failing to conduct basic investigative steps and instead shaming and abusing survivors and re-traumatizing them during investigations. 

The investigation is being conducted pursuant to the Violent Crime Control and Law Enforcement Act of 1994, which prohibits state and local governments from engaging in a pattern or practice of conduct by law enforcement officers that deprives individuals of rights protected by the Constitution or federal law. The Act allows the Justice Department to remedy such misconduct through civil litigation. The Department will be assessing law enforcement practices under the Fourteenth Amendment to the United States Constitution, as well as the Safe Streets Act of 1968.

The Civil Rights Unit in the Civil Division of the U.S. Attorney’s Office for the Southern District of New York, the Civil Rights Team in the Civil Division of the U.S. Attorney’s Office for the Eastern District of New York, and the Special Litigation Section of the Justice Department’s Civil Rights Division will jointly conduct this investigation. Individuals with relevant information are encouraged to contact the Department via email at USANYS.CommunitySVD@usdoj.gov or by calling 212-637-2746. Individuals can also report civil rights violations regarding this or other matters using the Civil Rights Division’s new reporting portal, available at www.civilrights.justice.gov, to the Eastern District of New York at https://www.justice.gov/usao-edny/civil-rights, or to the Southern District of New York at https://www.justice.gov/usao-sdny/civil-rights. 

Information specific to the Justice Department’s Civil Rights Division’s Police Reform Work can be found here: https://www.justice.gov/crt/file/922421/download.  The Department’s updated guidance on improving law enforcement response to sexual assault and domestic violence can be found here:  Improving Law Enforcement Response to Sexual Assault and Domestic Violence by Identifying and Preventing Gender Bias (justice.gov).

Additional information about the U.S. Attorney’s Office for the Eastern District of New York is available on its website at https://www.justice.gov/usao-edny. Additional information about the U.S. Attorney’s Office for the Southern District of New York is available on its website at https://www.justice.gov/usao-sdny. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt.

The Justice Department announced today that it has opened a civil pattern or practice investigation into the Special Victims Division (SVD) of the New York City Police Department (NYPD). The investigation will assess whether the SVD engages in a pattern or practice of gender-biased policing. The investigation will include a comprehensive review of the policies, procedures and training for SVD investigations of sexual assault crimes, including how SVD interacts with survivors and witnesses, collects evidence and completes investigations; any steps NYPD has taken to address deficiencies in its handling of sexual assault crimes; how SVD allocates staffing and other resources; and the services and support offered to survivors of sexual assault. As part of this investigation, the Justice Department officials will reach out to community groups and members of the public to learn about their experiences with SVD.

Prior to the announcement, Justice Department officials notified Mayor Eric Adams, NYPD Commissioner Keechant L. Sewell, and NYC Corporation Counsel Sylvia O. Hinds-Radix, who have pledged to cooperate with the investigation.

“Survivors of sexual assault should expect effective, trauma-informed and victim-centered investigations by police departments,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Based on information provided to the Justice Department, we find significant justification to investigate whether the NYPD’s Special Victims Division engages in a pattern or practice of gender-biased policing. Investigations into sexual assault that comply with the Constitution promote accountability, enhance public safety and foster community trust.”

“Respectful, thorough and complete investigations of sexual assaults are fundamental to a well-functioning justice system,” said U.S. Attorney Breon Peace for the Eastern District of New York. “Over the last several months, we have learned concerning information from a variety of sources of historical issues about the way the Special Victims Division has conducted its investigations for many years. Our review is intended to ensure that, going forward, survivors of sexual assault in New York City receive fair and just treatment in the criminal justice system, and as a result, those who engage in sexual violence are held accountable. We appreciate that the NYPD has already taken steps to address these concerns.”

“Victims of sex crimes deserve the same rigorous and unbiased investigations of their cases that the NYPD affords to other categories of crime,” said U.S. Attorney Damian Williams for the Southern District of New York. “Likewise, relentless and effective pursuit of perpetrators of sexual violence, unburdened by gender stereotypes or differential treatment, is essential to public safety. We look forward to working with our partners in EDNY and the Civil Rights Division to assess the NYPD’s practices in this area.”

The department received information alleging deficiencies at SVD that have persisted for more than a decade, depriving survivors and the public of the prompt, thorough and effective investigations needed to protect public safety. These deficiencies allegedly include failing to conduct basic investigative steps and instead shaming and abusing survivors and re-traumatizing them during investigations.

The investigation is being conducted pursuant to the Violent Crime Control and Law Enforcement Act of 1994, which prohibits state and local governments from engaging in a pattern or practice of conduct by law enforcement officers that deprives individuals of rights protected by the Constitution or federal law. The act allows the Justice Department to remedy such misconduct through civil litigation. The department will be assessing law enforcement practices under the Fourteenth Amendment to the U.S. Constitution, as well as the Safe Streets Act of 1968.

The Special Litigation Section of the Justice Department’s Civil Rights Division, the Civil Rights Unit in the Civil Division of the U.S. Attorney’s Office for the Southern District of New York, and the Civil Rights Team in the Civil Division of the U.S. Attorney’s Office for the Eastern District of New York will jointly conduct this investigation. Individuals with relevant information are encouraged to contact the department via email at USANYS.CommunitySVD@usdoj.gov or by calling 212-637-2746. Individuals can also report civil rights violations regarding this or other matters using the Civil Rights Division’s new reporting portal, available at www.civilrights.justice.gov, to the Eastern District of New York at https://www.justice.gov/usao-edny/civil-rights or to the Southern District of New York at https://www.justice.gov/usao-sdny/civil-rights.

Information specific to the Justice Department’s Civil Rights Division’s police reform work can be found here: https://www.justice.gov/crt/file/922421/download. The department’s updated guidance on improving law enforcement response to sexual assault and domestic violence can be found here:  Improving Law Enforcement Response to Sexual Assault and Domestic Violence by Identifying and Preventing Gender Bias (justice.gov).

Additional information about the U.S. Attorney’s Office for the Eastern District of New York is available on its website at https://www.justice.gov/usao-edny. Additional information about the U.S. Attorney’s Office for the Southern District of New York is available on its website at https://www.justice.gov/usao-sdny. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt.

The Department of Justice announced today a further distribution of approximately $92 million in compensation for losses suffered by FIFA, the world organizing body of soccer; CONCACAF, the confederation responsible for soccer governance in North and Central America, among other jurisdictions; CONMEBOL, the confederation responsible for soccer governance in South America; and various constituent national soccer federations (collectively, the “Victims”).

The funds, which were remitted following the Justice Department’s recognition of losses and grant of remission up to a total of $201 million in August 2021, were forfeited to the United States in the Eastern District of New York as part of the government’s long-running investigation and prosecution of corruption in international soccer. To date, the prosecutions have resulted in charges against more than 50 individual and corporate defendants from more than 20 countries, primarily in connection with the offer and receipt of bribes and kickbacks paid by sports marketing companies to soccer officials in exchange for the media and marketing rights to various soccer tournaments and events and the laundering of those payments.

“From the beginning of the FIFA investigation and prosecutions, one of the department’s primary goals has been to make the victims whole,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “The department has used every tool at its disposal to make this a reality, while depriving the perpetrators of the proceeds of their crimes.  This distribution of approximately $92 million as compensation for losses suffered highlights the importance of asset forfeiture as a critical tool in this endeavor.”

“Today’s distribution of more than $80 million underscores our commitment to returning money obtained through the corruption and fraud prosecuted in this case to the victims of that corruption, where it will be used to benefit the sport,” said U.S. Attorney Breon Peace for the Eastern District of New York. “Over much of the past decade, this investigation and prosecution has concentrated on bringing wrongdoers to justice and recovering ill-gotten gains. Our office, working in collaboration with our law enforcement partners and colleagues in the Department of Justice, will continue our work to compensate victims of crime.”

“There was an extraordinary amount of money flowing between corrupt officials and businesses in this massive scheme,” said Assistant Director in Charge Michael J. Driscoll of the FBI’s New York Field Office. “It is gratifying to know assets seized from the criminals involved will be distributed to groups in need of the money, one specifically focused on educating and safeguarding football for women and girls. The silver lining is that some good will come from the rampant greed uncovered in this investigation.”

“As the distributions to victims have demonstrated, IRS-CI and our law enforcement partners will leave no stones unturned when it comes to conducting investigations involving financial crimes,” said Special Agent in Charge Ryan L. Korner of IRS-Criminal Investigation (IRS-CI) Los Angeles. “Not only have dozens of individuals been brought to justice through the course of the investigation, but the additional $92 million will be returned in full to the victims to help compensate them for the injuries caused by this corruption.”

On May 27, 2015, an indictment was unsealed charging 14 FIFA officials and sports marketing executives with racketeering, honest services wire fraud and money laundering offenses, among others. On Dec. 3, 2015, a superseding indictment was unsealed charging an additional 16 FIFA officials with similar crimes. During the course of the prosecutions, 27 individual defendants have pleaded guilty to their roles in the charged crimes. In December 2017, two former FIFA officials, Juan Ángel Napout, of Paraguay, and José Maria Marin, of Brazil, were convicted after trial of racketeering conspiracy and related offenses. Four corporate entities have pleaded guilty and others, including banks, have acknowledged their roles in criminal conduct through deferred prosecution or non-prosecution agreements.

As part of these proceedings, many of the defendants were ordered to forfeit assets obtained through their criminal activity. Under federal law, the Department of Justice has the authority to distribute the proceeds of forfeited assets through the remission process to victims of crimes, including to the soccer organizations that employed and were defrauded by the corrupt soccer executives.

FIFA, CONCACAF, and CONMEBOL have committed to distributing funds received through the remission process, including $32.3 million previously remitted in August 2021, to and through a newly created World Football Remission Fund (the “Fund”) focused on women’s/girl’s football (soccer), education, safeguarding, youth programs, community outreach, and humanitarian needs. The Fund has been established under the FIFA Foundation, an independent foundation that uses soccer, and sport in general, as a tool for social development. The terms of the Fund provide for oversight and independent audit measures to ensure remitted funds are distributed appropriately.

Assistant U.S. Attorneys Samuel P. Nitze, M. Kristin Mace, Victor A. Zapana,  Brian D. Morris, and Kaitlin T. Farrell are in charge of the prosecution, petition, solicitation, and providing recommendations on the victims’ petitions. Assistant U.S. Attorney Lauren H. Elbert and Trial Attorney Christian Nauvel and former Trial Attorney Michael Grady of the Money Laundering and Asset Recovery Section joined in the investigation and prosecution of the banks.

The Justice Department, through the Asset Forfeiture Program, works diligently to restore lost funds to victims of crime. The victim compensation payments in the FIFA case would not have been possible without the extraordinary efforts of the Department of Justice Criminal Division’s Money Laundering and Asset Recovery Section, which reviewed and approved the victims’ petition for remission; the FBI’s New York Field Office; and the IRS-CI.

Earlier today, in federal court in Central Islip, Lidia DelCarmen-Rodriguez, an associate of the Leeward Locos Salvatruchas clique of La Mara Salvatrucha, also known as the MS-13, a transnational criminal organization, pleaded guilty to aiding and abetting the use of a firearm, which caused the death of 15-year-old Jasson Medrano-Molina, on August 7, 2019 in Central Islip.  The proceeding was held before United States Circuit Judge Joseph F. Bianco.  

Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Rodney K. Harrison, Commissioner, Suffolk County Police Department (SCPD), announced the guilty plea.

“The defendant today admitted that she helped carry out a despicable crime by luring a 15-year-old boy to his violent death as part of the MS-13 gang’s agenda to attack and kill their rivals,” stated United States Attorney Peace.  “It is my sincere hope that the family of this young victim can find some solace in knowing that the individuals responsible for this crime have been brought to justice.  This Office, in partnership with the Long Island Gang Task Force, will continue to work tirelessly to prevent these senseless killings and eliminate gang violence that endangers our communities.” 

“The senseless violence that MS-13 carries out is incomprehensible and we will continue to dedicate resources to and work with our law enforcement partners to hold these gang members accountable,” stated SCPD Commissioner Harrison.  “This attack had the potential to take even more lives and we must send a message to this criminal organization, that no matter your age, if you act like an adult, you will pay the price as one.”

Mr. Peace thanked the Suffolk County District Attorney’s Office for its assistance with the prosecution.

According to court filings and statements by the defendant at the guilty plea proceeding, in July and August 2019, the defendant and other MS-13 members and associates were seeking to identify, attack and kill individuals whom they believed were rival gang members in an effort to elevate their own positions in the gang.  The defendant and her co-conspirators targeted several individuals, including Medrano-Molina, who were suspected of being members of the rival 18th Street gang.  In the early morning hours of August 7, 2019, she lured Medrano-Molina and two other individuals to a secluded wooded area in Central Islip, where two of her co-conspirators, who were armed with a .40 caliber handgun and a baseball bat, were waiting.  Upon realizing the ambush, Medrano-Molina and the other two individuals ran away.  Medrano-Molina was pursued, and fatally shot multiple times at close range.  The other two individuals were able to escape unharmed. 

DelCarmen-Rodriguez is now 19 years old, and was 16 years old at the time of the Medrano-Molina murder. She was initially charged by complaint on August 21, 2019, and, thereafter, a juvenile information on September 20, 2019, both of which were both filed under seal in the Eastern District of New York.  A juvenile transfer hearing was held on December 14, 2021, and she was ultimately transferred to adult status by order of the Court, dated January 26, 2022.  In connection with her plea today, the defendant waived indictment and a Superseding Information, charging her as an adult, was filed publicly.     

In October 2021, co-conspirator Jose Omar Sorto Portillo, also a member of the Leeward Locos Salvatruchas clique of MS-13, pleaded guilty to murder in aid of racketeering for his participation in the murder of Medrano-Molina.  He is currently awaiting sentencing.

Today’s conviction is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members and associates of the MS-13, a violent, transnational criminal organization.  The MS-13’s leadership is based in El Salvador, Honduras, Guatemala and Mexico, but the gang has thousands of members across the United States.  With numerous branches, or “cliques,” the MS-13 is the most violent criminal organization on Long Island.  Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York.  A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders, and assaults.  Since 2010, this Office has obtained indictments charging MS-13 members and associates with carrying out more than 60 murders in the district, and has convicted dozens of MS-13 leaders, members, and associates in connection with those murders.  These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, which is comprised of agents and officers of the FBI, SCPD, Nassau County Police Department, Nassau County Sheriff’s Department, Suffolk County Probation Office, Suffolk County Sheriff’s Office, New York State Police, Hempstead Police Department, Rockville Centre Police Department, and New York State Department of Corrections and Community Supervision. 

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorneys Paul G. Scotti, Justina L. Geraci, Megan E. Farrell, and Special Assistant United States Attorney Kathleen Kearon are in charge of the prosecution.

The Defendant:

LIDIA DELCARMEN-RODRIGUEZ
Age: 19
Central Islip, New York

E.D.N.Y. Docket No. 19-CR-431 (S-1)(JFB)

The Department of Justice announced today a further distribution of approximately $92 million in compensation for losses suffered by FIFA, the world organizing body of soccer; CONCACAF, the confederation responsible for soccer governance in North and Central America, among other jurisdictions; CONMEBOL, the confederation responsible for soccer governance in South America; and various constituent national soccer federations (collectively, the “Victims”).  The funds, which were remitted following the department’s recognition of losses and grant of remission up to a total of $201 million in August 2021, were forfeited to the United States in the Eastern District of New York as part of the government’s long-running investigation and prosecution of corruption in international soccer.  To date, the prosecutions have resulted in charges against more than 50 individual and corporate defendants from more than 20 countries, primarily in connection with the offer and receipt of bribes and kickbacks paid by sports marketing companies to soccer officials in exchange for the media and marketing rights to various soccer tournaments and events and the laundering of those payments. 

Breon Peace, United States Attorney for the Eastern District of New York, Kenneth A. Polite, Jr., Assistant Attorney General of the Justice Department’s Criminal Division, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Ryan L. Korner, Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, Los Angeles (IRS-CI), made the announcement.

“Today’s distribution of approximately $92 million underscores our commitment to returning money obtained through the corruption and fraud prosecuted in this case to the victims, where it will be used to benefit the sport,” stated United States Attorney Peace.  “Over much of the past decade, this investigation and prosecution has concentrated on bringing wrongdoers to justice and recovering ill-gotten gains.  Our Office, working in collaboration with our law enforcement partners and colleagues in the Department of Justice, will continue our work to compensate victims of crime.”

“From the beginning of the FIFA investigation and prosecutions, one of the department’s primary goals has been to make the victims whole,” stated Assistant Attorney General Polite. “The department has used every tool at its disposal to make this a reality, while depriving the perpetrators of the proceeds of their crimes. This distribution of approximately $92 million as compensation for losses suffered highlights the importance of asset forfeiture as a critical tool in this endeavor.”

“There was an extraordinary amount of money flowing between corrupt officials and businesses in this massive scheme,” stated FBI Assistant Director-in-Charge Driscoll.  “It is gratifying to know assets seized from the criminals involved will be distributed to groups in need of the money, one specifically focused on educating and safeguarding football for women and girls. The silver lining is that some good will come from the rampant greed uncovered in this investigation.”

“As the distributions to victims have demonstrated, IRS-CI and our law enforcement partners will leave no stones unturned when it comes to conducting investigations involving financial crimes,” stated IRS-CI Special Agent-in-Charge Korner.  “Not only have dozens of individuals been brought to justice through the course of the investigation, but the additional $92 million will be returned in full to the victims to help compensate them for the injuries caused by this corruption.”

On May 27, 2015, an indictment was unsealed charging 14 FIFA officials and sports marketing executives with racketeering, honest services wire fraud and money laundering offenses, among others.  On December 3, 2015, a superseding indictment was unsealed charging an additional 16 FIFA officials with similar crimes.  During the course of the prosecutions, 27 individual defendants have pleaded guilty to their roles in the charged crimes.  In December 2017, two former FIFA officials, Juan Ángel Napout and Jose Maria Marin, were convicted after trial of racketeering conspiracy and related offenses.  Four corporate entities have pleaded guilty and others, including banks, have acknowledged their roles in criminal conduct through deferred prosecution or non-prosecution agreements.

As part of these proceedings, many of the defendants were ordered to forfeit assets obtained through their criminal activity. Under federal law, the Department of Justice has the authority to distribute the proceeds of forfeited assets through the remission process to victims of crimes, including to the soccer organizations that employed and were defrauded by the corrupt soccer executives.

FIFA, CONCACAF, and CONMEBOL have committed to distributing funds received through the remission process, including $32.3 million previously remitted in August 2021, to and through a newly created World Football Remission Fund (the “Fund”) focused on women’s/girl’s football, education, safeguarding, youth programs, community outreach and humanitarian needs.  The fund has been established under the FIFA Foundation, an independent foundation that uses soccer, and sport in general, as a tool for social development. The terms of the Fund provide for oversight and independent audit measures to ensure remitted funds are distributed appropriately. 

Assistant U.S. Attorneys Samuel P. Nitze, M. Kristin Mace, Brian D. Morris, Kaitlin T. Farrell, and Victor A. Zapana are in charge of the prosecution and the petition, solicitation, and providing recommendations on the victims’ petitions. Assistant U.S. Attorney Lauren H. Elbert and Trial Attorney Christian Nauvel and former Trial Attorney Michael Grady of the Money Laundering and Asset Recovery Section joined in the investigation and prosecution of the banks.

The Justice Department, through the Asset Forfeiture Program, works diligently to restore lost funds to victims of crime.  The victim compensation payments in the FIFA case would not have been possible without the extraordinary efforts of the U.S. Department of Justice Criminal Division’s Money Laundering and Asset Recovery Section, which reviewed and approved the victims’ petition for remission; the FBI’s New York Field Office; and the Internal Revenue Service-Criminal Investigation.

"Moments ago, R. Kelly was sentenced to 30 years in prison. This is a momentous outcome for all victims of R. Kelly, and especially for the survivors who so bravely testified about the horrific and sadistic abuse they endured. R. Kelly is a predator and as a result of our prosecution, he will serve a significant jail sentence for his crimes.

With the aid of his fame, money, and most importantly his inner circle, R. Kelly preyed upon children and young women for his own sexual gratification, for decades. He used coercive control – exemplified by a pattern of isolation, rules, dependence, threats, intimidation tactics, physical abuse, and, at least once, the presence of a firearm – to force victims, including minors, to engage in sexual activity with him and others and to become unwilling participants in the pornographic films he wrote, produced, and directed.

He continued committing his crimes for almost 30 years and avoided punishment. Until today.

Today, the sentence shows the witnesses reclaimed control over their lives, and over their future. These are the voices of mostly young black women and children that were heard and believed and for whom justice was achieved. This is a victory for them, for justice, and for future survivors of sexual assault. Victims of sexual violence must be heard, perpetrators must be held accountable and our women and children must be protected.

I hope this sentencing serves as its own testimony that it does not matter how powerful, rich or famous your abuser may be, or how small they make you feel – justice only hears the truth.

This case would not be possible without outstanding work dedication and skill of the prosecution team Assistant United States Attorneys Elizabeth Geddes, Nadia Shihata, and Maria Cruz Melendez, senior investigator Keith Kolovich, and former paralegal specialists Kyra Wenthen and Alyssa Fagel. Their dedication to the truth was truly extraordinary. I want to commend and thank the special agents who handled this  case, Ryan Chabot, and Sylvette Reynoso of the Department of Homeland Security, Homeland Security Investigations under the supervision of supervisory special agents Elvin Hernandez and Patrick Gill, for their outstanding work on the case. Along with detectives from the New York City Police Department, they painstakingly went through records, documents, and interviews to collect and verify the facts that became the foundation of our strong case. And finally, an extraordinary thank you to the brave survivors, those who came forward, and all who endured. It is thanks to you that we are able to deliver justice today."

Sixth Defendant Arrested for Trafficking Crack Cocaine In Brooklyn And Queens

A complaint was unsealed today in federal court in Brooklyn charging Jamel Clarke, Dwayne Harris, Rayon Lovett, Owen Welch and Ronald Welch with engaging in a gun trafficking conspiracy dating back to September 2021, involving the sale of at least 28 firearms, including multiple AR-15-style semi-automatic rifles and AK-47-style assault rifles. At least two of the guns had been previously used in four separate shootings in Brooklyn.  Dwayne Harris and Pheod Khan were also charged in the complaint with engaging in a crack cocaine trafficking conspiracy. An additional defendant is also charged in the drug trafficking conspiracy and remains at large.

The defendants were arrested between June 26, 2022 and June 28, 2022.  Ronald Welch was arraigned on June 27, 2022, Clarke, Harris, Lovett and Owen Welch were arraigned on June 28, 2022, and Khan was arraigned on June 29, 2022, in federal court in Brooklyn before United States Magistrate Judge Roanne L. Mann.  All of the defendants with the exception of Harris and Khan were detained pending trial; Khan’s detention hearing will be completed tomorrow on June 30.  

Breon Peace, United States Attorney for the Eastern District of New York, John B. DeVito, Special Agent-in-Charge, U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Keechant L. Sewell, Commissioner, New York City Police Department (NYPD), announced the complaint.

“As alleged, the defendants brought deadly weapons, including guns involved in at least 4 shootings, and narcotics to the streets of Brooklyn and Queens directly contributing to the cycles of gun violence and drug abuse,” stated United States Attorney Peace.  “These arrests demonstrate the commitment by this Office and our law enforcement partners to save lives by stopping the flow of illegal firearms and narcotics into our communities.”

Mr. Peace thanked the NYPD’s Brooklyn South Violent Crime Squad and the United States Marshals Service for their outstanding investigative work on this case.

“These violent gun traffickers have been identified and caught because of the dedication of the law enforcement professionals protecting this City,” said Special Agent in Charge DeVito.  “ATF and our partners will continue to do so, while simultaneously disrupting the flow of illegal guns to our streets and preventing violent crime.”

According to the complaint and a memorandum filed in connection with the defendants’ bail hearings, the gun-trafficking operation involved the sale of at least 28 illegal firearms over multiple transactions in Brooklyn and Queens between September 2021 and June 2022.  The defendants conducted these firearms sales in vehicles outside of homes in the Prospect Park South neighborhood of Brooklyn, including in locations near Prospect Park, across from a church, and blocks away from a kindergarten through eighth grade public school. 

The deals often occurred in the middle of the afternoon and in broad daylight, with the dealers sometimes walking down public streets carrying bags of dangerous firearms past residents.  Many of the guns were high-powered shotguns and rifles and included extended magazines and drum clips.  Some of the guns had defaced serial numbers so that they would be untraceable by law enforcement.  At least two of the guns had been previously used in four separate shootings in Brooklyn. 

The charges in the complaint are allegations, and the defendants are presumed innocent unless and until proven guilty.

The government’s case is being handled by the Office’s General Crimes section.  Assistant United States Attorneys Benjamin Weintraub and Andrew D. Reich are in charge of the prosecution.

The Defendants:

JAMEL CLARKE
Age: 38
Brooklyn, New York

DWAYNE HARRIS
Age: 36
Brooklyn, New York

PHEOD KHAN
Age: 42
Brooklyn, New York

RAYON LOVETT
Age: 35
Brooklyn, New York

OWEN WELCH
Age: 42
Brooklyn, New York

RONALD WELCH
Age: 47
Brooklyn, New York

E.D.N.Y. Docket No. 22-MJ-679 (RML)

On June 28, 2022, a federal grand jury in Central Islip, New York returned an 18-count superseding indictment charging Carlos Acevedo, Ramon Collado, Naresh Deonarrain, Jason Liriano, Charlie Maisonet, Cavier Nedrick, Eric Nunez, Jose Rosado, Alberto Santiago and Jeffrey Vargas with conspiracy to commit burglary involving controlled substances. The superseding indictment, which was unsealed this morning, also charged the defendants, along with Jonathan Santiago, with conspiracy to distribute controlled substances, including ecstasy and fentanyl. Furthermore, the superseding indictment charged Luis Cerda, along with Collado, Liriano, Rosado and Alberto Santiago, with conspiracy to commit bank larceny. The defendants were also charged with several related firearms counts, including possessing a ghost gun.

According to court filings, the defendants are members and associates of a burglary and drug trafficking organization known as the “Route Boys.” Over the past two years, the defendants, along with other associates of the Route Boys, committed dozens of burglaries of pharmacies and convenience stores in Nassau, Suffolk, Brooklyn, Queens, Westchester and Rockland Counties, as well as in New Jersey and Connecticut. They then used social media to sell the controlled substances and frequently displayed images of themselves possessing firearms.

Earlier this morning, when agents arrested the defendants, they recovered several loaded guns and observed controlled substances in various defendants’ residences and cars. Acevedo, Cerda, Collado, Deonarrain, Maisonet, Nunez, Jonathan Santiago and Vargas were arrested this morning and will be arraigned on the superseding indictment later today in Central Islip, New York before United States Magistrate Judge Arlene R. Lindsay. Liriano, Nedrick, Rosado and Alberto Santiago are presently incarcerated on other charges and will be arraigned on a later date.

Breon Peace, United States Attorney for the Eastern District of New York, and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Keechant L. Sewell, Commissioner, New York City Police Department (NYPD), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD) announced the arrests and charges.

“For two years the defendants went on a crime spree targeting local businesses throughout the Tri-State, stealing money and pharmaceuticals to fuel their illegal drug business, and frequently using firearms to commit their crimes,” stated United States Attorney Breon Peace. “This office is working tirelessly with our law enforcement partners to protect local businesses and put a stop to those who seek to endanger our communities from drugs or guns.”

Mr. Peace thanked the Suffolk County Police Department, Westchester Safe Streets Task Force, Drug Enforcement Administration, Kings County District Attorney’s Office, Queens County District Attorney’s Office, Nassau County District Attorney’s Office, and Suffolk County District Attorney’s Office for their assistance with the investigation.

“This criminal wrecking crew allegedly broke into businesses and pharmacies, stole prescription medications, and created havoc in their Hollywood style getaways,” said FBI Assistant Director-in-Charge Driscoll. “These drugs are protected because of how addictive and potentially deadly they can be. The members of this gang showed no regard for the damage they caused the businesses or the danger they put people's lives in illegally pushing drugs, all to fuel their own greed.”

“The NYPD, in close cooperation with our state and federal partners, continues to focus its resources on the relatively small percentage of people responsible for much of our region’s crime and disorder,” stated NYPD Commissioner Sewell. “Neither the law-enforcement community nor the New Yorkers we serve will stand for our neighborhoods to be overrun by individuals or groups operating in illegal guns and drugs, and the havoc so often associated with them. I thank the U.S. Attorney’s Office for the Eastern District, the FBI’s New York Field Office, the Nassau County Police Department, and all of our investigators for their hard work in this important case.”

“The indictments of 12 members of the “Route Boys” is a clear example of the commitment by numerous law enforcement agencies as they continue to work cohesively to bring this group of dangerous felons to justice,” stated Nassau Police Commissioner Ryder. “The results of this extensive investigation will ensure the safety of the public and quality of life in Nassau County as we continue to exhibit a zero tolerance approach for all illegal criminal activity. I would like to acknowledge the dedication and hard work of all of the investigators and their agency’s for a job well done.”

As alleged in the indictment and other court filings, the Route Boys began committing burglaries in late 2020, breaking into convenience stores, check-cashing businesses, laundromats and restaurants, stealing primarily cash and tobacco products. In addition, they often stole free-standing ATMs, forcing them open and stealing the cash from inside the machine. The Route Boys then began targeting small “mom-and-pop” pharmacies throughout the Tri-State area.

Their pattern remained consistent throughout their crime wave: three to four participants would travel to multiple locations in quick succession on a given night, often in a stolen car, with stolen plates that were routinely switched to avoid detection, and then break into the business, either by smashing glass with crowbars, rocks or grinders. Once inside, the defendants or their associates quickly stole controlled substances – including oxycodone, alprazolam and promethazine-codeine cough syrup – and moved on to the next crime, often burglarizing several locations on a single night. After the Route Boys committed a crime, they routinely fled in stolen luxury vehicles at extremely high rates of speed, often crashing into other vehicles and endangering the lives of law enforcement officers and innocent citizens. Route Boys’ members, including Carlos Acevedo, Ramon Collado, Naresh Deonarrain, Jason Liriano, Charlie Maisonet, Cavier Nedrick, Eric Nunez, Jose Rosado, Alberto Santiago and Jeffrey Vargas used social media to sell the controlled substances and frequently displayed images of themselves possessing firearms, including high capacity magazines, scopes and multiple guns at once.

If convicted, Carlos Acevedo, Ramon Collado, Naresh Deonarrain, Jason Liriano, Charlie Maisonet, Cavier Nedrick, Eric Nunez, Jose Rosado, Alberto Santiago, and Jeffrey Vargas all face up to life imprisonment. Jonathan Santiago faces a sentence of up to 40 years’ imprisonment, and Luis Cerda faces a sentence of up to 15 years’ imprisonment. The charges in the superseding indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.

The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Samantha Alessi and Andrew Wenzel are in charge of the prosecution, with the assistance of paralegal specialist Dejah Turla.

The Defendants:

CARLOS ACEVEDO (also known as “AM” and “Cartier_a.m”)
Age: 25
Brooklyn, New York

LUIS CERDA
Age: 32
Queens, New York

RAMON COLLADO (also known as “Greedy”, “greedy.billzz” and “greedyyt2gg”)
Age: 25
Brooklyn, New York

NARESH DEONARRAIN (also known as “Kans” and “nocheck_kans”)
Age: 26
Brooklyn, New York

JASON LIRIANO (also known as “S.L. and jay_bigfella”)
Age: 24
Brooklyn, New York

CHARLIE MAISONET (also known as “Charlie_._rb”)
Age: 20
Brooklyn, New York

CAVIER NEDRICK (also known as “Chief”, “big.chiefs” and “_bigchiefsrb”)
Age: 25
Hauppauge, New York

ERIC NUNEZ (also known as “Tok” and “therealtok”)
Age: 25
Brooklyn, New York

JOSE ROSADO (also known as “Cream” and “elite_cream”)
Age: 29
Queens, New York

ALBERTO SANTIAGO (also known as “Kom” and “dot._kom._”)
Age: 26
Queens, New York

JONATHAN SANTIAGO (also known as “Chop”)
Age: 23
Franklin Square, New York

JEFFREY VARGAS (also known as “Chito” and “chito_1838”)
Age: 22
Brooklyn, New York

E.D.N.Y. Docket No. 21-451 (S-2) (GRB)

Earlier today, Robert Sylvester Kelly, the R&B singer also known as “R. Kelly,” was sentenced by United States District Judge Ann M. Donnelly to 30 years in prison.  On September 27, 2021, following six weeks of trial, a federal jury in Brooklyn convicted Kelly of all nine counts of a superseding indictment charging him with racketeering predicated on criminal conduct including sexual exploitation of children, forced labor and Mann Act violations involving the coercion and transportation of women and girls in interstate commerce to engage in illegal sexual activity.

Breon Peace, United States Attorney for the Eastern District of New York, and Steve K. Francis, Acting Executive Associate Director, Homeland Security Investigations (HSI), announced the sentence.

“R. Kelly used his fame, fortune and enablers to prey on the young, the vulnerable and the voiceless for his own sexual gratification, while many turned a blind eye,” stated U.S. Attorney Peace.  “Through his actions, Kelly exhibited a callous disregard for the devastation his crimes had on his victims and has shown no remorse for his conduct.  With today’s sentence he has finally and appropriately been held accountable for his decades of abuse, exploitation and degradation of teenagers and other vulnerable young people.  We hope that today’s sentence brings some measure of comfort and closure to the victims, including those who bravely testified at trial, and serves as long-overdue recognition that their voices deserve to be heard and their lives matter.”

Mr. Peace also thanked the Cook County State’s Attorney’s Office for their assistance with the case.

“Robert Kelly is a prolific serial predator who utilized his wealth and fame to prey on the young and vulnerable by dangling promises of fame, fortune and stardom for his own sexual gratification.  For nearly thirty years, Kelly and his accomplices silenced his victims through bribery, intimidation, blackmail and physical violence, confident they were immune to justice” stated HSI Acting Executive Associate Director Steve K. Francis.  “Today’s sentence is a victory which belongs to the survivors of Kelly’s abuse.  These brave women and men came forward, despite threats to their own personal safety, and were forced to relive the pain of the most traumatic days of their lives to tell the truth and make their voices heard.”

As proven at trial, for nearly three decades, Kelly was the leader of a criminal enterprise (the Enterprise) consisting of himself and an entourage of individuals who served as managers, bodyguards, accountants, drivers, personal assistants and runners for the defendant.  As the leader of the Enterprise, Kelly used his fame to recruit women and girls to engage in illegal sexual activity with him.  Kelly identified these girls and women at concerts, and then directed members of the Enterprise to escort them backstage following his musical performances.  Kelly exchanged contact information with girls and women so that he and other members of the Enterprise could arrange travel and lodging for them to visit Kelly and engage in the charged illegal sexual conduct.  

The evidence at trial included the testimony of 45 government witnesses, including more than 10 victims, five of whom are named in the superseding indictment, testimony from employees of the defendant, text messages, video and audio recordings, photographs, phone and travel records, DNA evidence and expert witnesses. 

Kelly issued rules that many of his sexual partners were required to follow, including that the women and girls were to call him “Daddy”; they were not permitted to leave their rooms to eat or visit the bathroom without receiving his permission; they were required to wear baggy clothing when not accompanying Kelly to an event; and they were directed to keep their heads down and not look at or speak to other men.  Kelly also isolated the women and girls from their friends and family and made them dependent on him for their financial well-being.  He required the victims to engage in sex with him and others, and recorded many of the sexual encounters.

Racketeering Act One – Bribery

Kelly bribed a state employee to create an identification card for Jane Doe #1, then 15 years old, so that Kelly could marry Jane Doe #1 because he believed she was pregnant and therefore the marriage could keep him out of jail. 

Racketeering Acts Two, Seven and Ten – Sexual Exploitation of a Child – Jane Doe #2, Jane Doe #4 and Jane Doe #5

Kelly coerced Jane Doe #2, Jane Doe #4 and Jane Doe #5 to engage in sexually explicit conduct for the purpose of producing video recordings.  Over the course of decades, he made these recordings, and other recordings of sexually explicit conduct, using VHS video cameras, Canon camcorders, iPhones and iPads.  Such videos constituted child pornography.

Racketeering Acts Six, Eleven and Thirteen – Forced Labor – Jane Doe #4, Jane Doe #5 and Jane Doe #6

Kelly used the threat of physical harm and physical restraint to ensure that his victims, including Jane Doe #4, Jane Doe #5 and Jane Doe #6, performed sexually at his command.  As to Jane Doe #4, he slapped her, choked her and spit on her, before demanding she give him oral sex.  As to Jane Doe #5, over a period of years, he spanked her, viciously assaulted her, confined her to a room or a bus for prolonged periods of time, including days, and otherwise manipulated her, to ensure that she would perform for him sexually, including with other women and a man.  As to Jane Doe #6, he forced her to give him oral sex while there was a gun within Kelly’s reach.

Racketeering Acts Five and Nine – Mann Act Violations – Jane Doe #4 and Jane Doe #5

Between May 2009 and January 2010, Kelly regularly spoke with Jane Doe #4 over the telephone to arrange for Jane Doe #4 to come to his residence in Olympia Fields for the purpose of illegal sexual activity, which was illegal because Jane Doe #4, who was then 16 years old, was too young to consent to sex in Illinois.  Similarly, between September 2015 and October 2015, Kelly transported Jane Doe #5, who was then 17 years old, from New York City to Oakland, California for the purpose of illegal sexual activity, as she was too young to consent to sex in California.

Racketeering Acts Eight, Thirteen and Fourteen – Mann Act Violations – Jane Doe #5 and Jane Doe #6

In April 2015, Kelly arranged for Jane Doe #5 to fly from her home in Orlando, Florida, to Los Angeles, California, for the purpose of illegal sexual activity, which was illegal because Kelly knew he had an incurable sexually transmitted disease (STD) and did not inform Jane Doe #5 about the STD prior to engaging in sexual intercourse with her.  In May of 2017 and again in February of 2018, Kelly arranged for Jane Doe #6 to fly from her home in San Antonio, Texas, to La Guardia Airport in Queens, New York, for the purpose of illegal sexual activity, which again was illegal because Kelly failed to disclose that he had an incurable STD and obtain Jane Doe #6’s consent to engage in sexual intercourse under those circumstances.

The government’s case is being handled by the Office’s Civil Rights Section.  Assistant United States Attorneys Elizabeth Geddes, Nadia Shihata and Maria Cruz Melendez are in charge of the prosecution. 

The Defendant:

ROBERT SYLVESTER KELLY (also known as “R. Kelly”)
Age:  55
Chicago, Illinois

E.D.N.Y. Docket No. 19-CR-286 (AMD)

A dual citizen of the United States and Iran pleaded guilty today to conspiring to illegally export U.S. goods, technology and services to end users in Iran, including the Government of Iran, in violation of the International Emergency Economic Powers Act (IEEPA). 

According to court documents, Kambiz Attar Kashani, 44, and his co-conspirators, using two United Arab Emirates companies, evaded U.S. export laws between February 2019 and June 2021 by procuring electronic goods, technology and services from U.S. technology companies for end users in Iran without obtaining required licenses or other authorization from the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). Kashani acted at the direction of an arm of the Central Bank of Iran (CBI). CBI has been designated by OFAC for having materially assisted, sponsored or provided financial, material or technological support to known terrorist organizations.

Kashani faces a maximum penalty of 20 years in prison, and he has agreed to pay a $50,000 fine, in addition to any forfeiture owed. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Breon Peace for the Eastern District of New York, Assistant Attorney General Matthew G. Olsen for the Justice Department’s National Security Division and Special Agent in Charge Joseph R. Bonavolanta of the FBI’s Boston Field Office made the announcement.

Assistant U.S. Attorneys Alexander A. Solomon and Meredith A. Arfa of the Eastern District of New York are in charge of the prosecution, with assistance provided by Trial Attorney S. Derek Shugert of the National Security Division’s Counterintelligence and Export Control Section.

Earlier today, in federal court in Brooklyn, Kambiz Attar Kashani, a dual citizen of the United States and Iran, pleaded guilty to conspiring to illegally export U.S. goods, technology, and services to end users in Iran, including the Government of Iran, in violation of the International Emergency Economic Powers Act (IEEPA).  Today’s plea proceeding was held before United States Magistrate Judge Marcia M. Henry.  When sentenced, Kashani faces up to 20 years in prison.  The defendant has agreed to pay a $50,000 fine.

Breon Peace, United States Attorney for the Eastern District of New York, Matthew G. Olsen, Assistant Attorney General for the Justice Department’s National Security Division, and Joseph R. Bonavolanta, Special Agent-in-Charge, Federal Bureau of Investigation, Boston Division, announced the guilty plea.

As set forth in court filings, between February 2019 and June 2021, Kashani and his co-conspirators, using two United Arab Emirates companies, evaded U.S. export laws by procuring electronic goods, technology, and services from U.S. technology companies for end users in Iran, including the Government of Iran, without obtaining required licenses or other authorization from the U.S. Department of the Treasury’s Office of Foreign Assets Control.  Kashani acted at the direction of an arm of the Central Bank of Iran, which has been designated by the United States government as acting for or on behalf of terrorist organizations. 

The government’s case is being handled by the Office’s National Security and Cybercrime Section.  Assistant United States Attorneys Alexander A. Solomon and Meredith A. Arfa are in charge of the prosecution, with assistance provided by Trial Attorney S. Derek Shugert of the Justice Department’s Counterintelligence and Export Control Section.

Defendant:

Kambiz Attar Kashani
Age:  44
United Arab Emirates

E.D.N.Y. Docket No.: 22-CR-33 (EK)

An indictment was unsealed earlier today in federal court in Brooklyn charging Keily Nunez, Julien Levy, Ivan Santos and Ramnik Soni with conspiracy to commit honest services wire fraud and money laundering conspiracy.  The charges arise from a scheme in which Nunez, a former employee of a U.S. airline headquartered in Long Island City, New York (Company 1), accepted more than $1 million in kickbacks in exchange for steering Company 1 aircraft part purchase orders to Summit Aviation Supply LLC (Summit LLC), a New Jersey-based company controlled by Levy and Santos; and to Alaris Aerospace Systems LLC (Alaris), a Florida-based company controlled by Soni.  Summit LLC and Alaris secured more than $1.5 million and more than $8.5 million, respectively, in purchase orders from Company 1 during the conspiracy.  Levy was arrested yesterday; Santos and Nunez were arrested today and all three were arraigned this afternoon before United States Magistrate Judge Roanne L. Mann.  Levy was released on a $400,000 bond, Santos on a $150,000 bond, and Nunez on a $150,000 bond.  Soni was arrested today and will be arraigned tomorrow.

Breon Peace, United States Attorney for the Eastern District of New York, and Ricky J. Patel, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI), announced the arrests and charges. 

“As alleged, the defendants were at the helm of a corrupt scheme to defraud an airline by diverting contracts to vendors in exchange for more than $1 million in kickbacks,” stated United States Attorney Peace.  “This Office is committed both to protecting the integrity of the bidding process and ensuring that businesses compete on a level, honest playing field.” 

Mr. Peace thanked Internal Revenue Service Criminal Investigation for its assistance with the investigation.

“The defendants, as alleged, orchestrated an elaborate scheme to defraud the airline industry – lining their own pockets with kickbacks and bribes along the way.  The defendants are alleged to have created false invoices for parts, billed for non-existent material and overbilled on legitimate purchases all while circumventing the airline’s policies and procedures,” said HSI New York Acting Special Agent in Charge Patel.  “HSI will continue to work alongside our partners and private sector companies to weed out internal corruption, ultimately protecting the general public from the resulting costs that frauds of this nature eventually pass on to the paying customer.”    

As alleged in the indictment, between approximately July 2017 and June 2021, Levy, Nunez and Santos conspired to defraud Company 1 of the honest services of its employees, including Nunez and another Company 1 employee (“Co-Conspirator 1”).  In their roles with Company 1, Nunez and Co-Conspirator 1 were responsible for contacting after-market aircraft parts sellers on behalf of Company 1 and filling Company 1’s part requisitions using a solicitation process that typically involved three price quotes and a comparison to historical prices Company 1 had paid for a given part.  In their roles, Nunez and Co-Conspirator 1 could request that Company 1 add new aircraft part sellers as business partners to Company 1’s internal ordering system.  Upon making such a request, Nunez and Co-Conspirator 1 were required by Company 1’s policies to disclose whether they had a business or financial relationship with the new business partner. 

In order to carry out the scheme, Nunez allegedly used his position within Company 1 to establish Summit LLC as a Company 1 business partner and falsely represented to Company 1 that Summit LLC was another entity, Summit Corp., that Company 1 had previously partnered with.  In reality, Santos established Summit LLC and opened bank accounts in its name, and Levy created an email account in the name of an individual who had been associated with the defunct Summit Corp., that was used as an alias to communicate with Company 1 on behalf of Summit LLC.  Nunez approved approximately 37 purchase orders between Summit LLC and Company 1 valued at over $1.5 million.  In exchange, Nunez received multiple kickback payments representing a percentage of the purchase orders directed to Summit LLC.  In addition, following the termination of Nunez’s employment with Company 1, Nunez contacted Co-Conspirator 1 about steering Company 1’s purchase orders to Summit LLC and Alaris in exchange for a portion of the invoiced amounts.  Co-Conspirator 1 agreed and subsequently directed Company 1 purchase orders, at inflated prices, to Summit LLC and Alaris in exchange for a percentage of some of the invoices Co-Conspirator 1 approved.

Nunez carried out a similar scheme with Soni and Alaris.  Between approximately March 2017 and July 2019, Nunez allegedly approved approximately 109 invoices between Alaris and Company 1 valued at over $8.5 million.  In exchange, Nunez received wires totaling hundreds of thousands of dollars sent from Alaris to bank accounts held in the name of FI USA Consulting LLC (FI USA), an entity controlled by Nunez.  For example, between approximately October 2017 and January 2021, the FI USA accounts received approximately 17 wires from Alaris totaling approximately $536,940. 

In order to disguise the source and nature of the funds Summit LLC received from the scheme, Santos and Levy made multiple transfers of the proceeds from the Company 1 payments between bank accounts in their names. 

The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.  If convicted, the defendants face up to 20 years in prison.

The government’s case is being handled by the Office’s Business and Securities Fraud Section.  Department of Justice Trial Attorney Patrick J. Campbell and Assistant United States Attorney Garen S. Marshall are in charge of the prosecution.

The Defendants:

JULIEN LEVY
Age:  37
Englewood, New Jersey

KEILY NUNEZ
Age:  42
Jamaica, New York

IVAN SANTOS
Age:  41
New City, New York

ROMNIK SONI
Age:  48
Parkland, Florida

E.D.N.Y. Docket No. 22-CR-281 (BMC)

A federal jury in Brooklyn returned a guilty verdict today against Ezhil Sezhian Kamaldoss on all counts of a superseding indictment charging him with conspiring to distribute millions of opioid pills and other illegal controlled substances imported from India and money laundering conspiracy.  The verdict followed a four-day trial before United States District Judge Allyne R. Ross.  When sentenced, Kamaldoss faces up to 50 years in prison.

Breon Peace, United States Attorney for the Eastern District of New York, announced the verdict.

“The defendant is now a convicted drug dealer.  He lined his pockets off the black-market sales of millions of illegal opioids and misbranded prescription pills without regard for the harm caused by the abuse of these highly addictive and dangerous drugs,” stated United States Attorney Peace.  “With today’s verdict, the defendant is held accountable for having a hand in every aspect of his pill mill, from the importing of unapproved medications from India, to personally filling orders for these drugs for customers throughout the country.”

Mr. Peace thanked the Food and Drug Administration, Office of Criminal Investigations, Metro Washington Field Office; United States Postal Inspection Service, New York Division; Homeland Security Investigations (HSI), New York Division; U.S. Customs and Border Protection, New York Field Office, U.S. Drug Enforcement Administration, New England Division, the Federal Bureau of Investigation, Cincinnati Field Office; and HSI, Baltimore Field Office; for their outstanding investigative work on the case.

The evidence at trial proved that between May 2018 and August 2019, Kamaldoss participated with others in a transnational drug-trafficking conspiracy, which involved the importation of misbranded prescription drugs, including Tramadol, a synthetic opioid, into the United States from India, re-packaging the drugs at a pill mill operating out of a warehouse in Jamaica, Queens, and shipping the drugs via United States mail to customers throughout the United States.  During the course of the charged conspiracy, Kamaldoss and the men who worked for him distributed millions of Tramadol pills sometimes purchasing hundreds of thousands of pills at a time.  Additionally, Kamaldoss conspired to launder the proceeds of the drug-trafficking operation by using the illicit profits to reinvest in the business, including by paying shipping costs incurred by his co-conspirators—including nearly $200,000 in Federal Express costs paid off in exchange for additional pills. 

The government’s evidence included testimony from a cooperating witness, who admitted to bribing workers at John F. Kennedy International Airport to evade detection by law enforcement authorities; members of law enforcement, one of whom testified that he witnessed the defendant shipping packages and seized some of the drugs mailed by the defendant; testimony from an expert in forensic chemistry that the drugs mailed by the defendant contained Tramadol and Alprazolam; documentary exhibits, including hundreds of emails, text messages, and spreadsheets recovered from email accounts and electronic devices of the defendant and his co-conspirators reflecting their daily receipt of dozens of drug orders, and their responses including tracking numbers of the shipments fulfilling the orders; and an audio recording made by a confidential informant of co-defendant Velaudapillai Navaratnarajah discussing the number and type of pills to package into envelopes.  Navaratnarajah pleaded guilty in June 2022 to the drug conspiracy charges and is awaiting sentencing.

The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section.  Assistant United States Attorneys Robert M. Pollack and Margaret Schierberl are in charge of the prosecution, with the assistance of paralegal Sophia Cronin.   

The Defendant:

EZHIL SEZHIAN KAMALDOSS (also known as “Kamaldoss Sezhian,” “Kamal Doss,” and Ezhil Cezhian”)
Age:  43
Richmond Hill, New York

E.D.N.Y. Docket No.: 19-CR-543 (ARR)

On June 15, 2022, a federal grand jury sitting in Brooklyn, New York returned a 14-count superseding indictment charging Marcus Ricketts, also known as “Blaise,” and Mark Goulbourne, also known as “Short Man,” with causing death through the use of firearms in connection with the December 3, 2021 murder of an individual in Brighton Beach, New York.  The superseding indictment, which was unsealed last night, also charges Ricketts, Mark Goulbourne and four additional defendants—Jonathan Goulbourne, also known as “Bobcat,” Romeo Desmond Jonas, also known as “Tee,” Chevonne Williams, also known as “Chevy,” and Amari Webber, also known as “Smooth”—with Hobbs Act robbery, drug trafficking and firearms offenses, and one defendant, Juvanie Crossgill, also known as “Geo,” with serving as an accessory to the murder.

According to court filings, the defendants are members and associates of an armed robbery crew, operating since at least July 2020, targeting marijuana trafficking businesses in Brooklyn, Staten Island and the Bronx. 

Ricketts, Jonathan Goulbourne and Jonas are in custody on the underlying indictment and will be arraigned at a later date.  Crossgill was arrested on June 15, 2022, arraigned the following day and released on bail.  Yesterday, Williams and Webber were arrested in Georgia and will be removed to the Eastern District of New York to make their initial appearances.  Mark Goulbourne remains at large.

Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Keechant L. Sewell, Commissioner, New York City Police Department (NYPD), announced the arrests and charges.

“As alleged, the defendants’ robbery and drug trafficking activity exploded into violence with three persons shot, one of them fatally, demonstrating the lethal combination of guns and narcotics plaguing our communities,” stated United States Attorney Peace.  “This Office is working tirelessly with our law enforcement partners to hold these drivers of violent crime accountable and take away their means to wreak havoc.”

Mr. Peace thanked the Kings County District Attorney's Office for their assistance. 

“The violence plaguing the streets of our city must be addressed by stopping the violent criminals who are killing each other over illegal drugs.  Innocent people are being harmed by these rivalries, and fear now dictates how we go about our lives.  It has to stop.  When the FBI New York and our law enforcement partners arrest and prosecute these criminals, we get closer to a safer community,” stated FBI Assistant Director-in-Charge Driscoll.

“Today, New York City is safer because of the exceptional effort and steadfast dedication of everyone involved in this investigation and indictment,” said NYPD Commissioner Sewell.  “The NYPD and our law enforcement partners remain focused on the small number of people who are responsible for the crime and disorder in our city, and we are working tirelessly to identify them and get them off our streets.  As demonstrated by this case, the deadly combination of drug trafficking, illegal guns, and brutal violence is a grave threat to our communities – and will never be tolerated.  I want to thank the US Attorney for the Eastern District of New York, the New York Field Office of the FBI, and everyone else who contributed to this important investigation.”

On December 2, 2021 and into the early morning of December 3, 2021, the defendants convened at an Airbnb in Brighton Beach, which had been rented for one night by the victim and his nephew, with several of the defendants posing as buyers in a wholesale marijuana transaction.  On December 3, shortly after midnight, the victim’s nephew and two male associates carried in four very large duffle bags of marijuana, approximately the size of hockey equipment bags.  Two hours later, a shootout ensued, leaving the victim fatally wounded and his nephew with a gunshot wound to the leg.  During the exchange of gunfire, Jonas was also shot in the abdomen.

Mark Goulbourne and Ricketts fled the scene with firearms in hand, and Ricketts with one of the duffle bags, which he transported on the handlebars of a stolen Citi Bike.  Mark Goulbourne retreated to a neighboring intersection, where he called his brother Jonathan Goulbourne, moments before entering an approaching car.  The car quickly reversed back up the street to the Airbnb.  Mark Goulbourne ran to the door with a firearm still in hand and peered inside, before reentering the car, which sped away.

Inside the Airbnb, the NYPD found the victim’s body and recovered two firearms, 15 shell casings, a money counting machine, a vacuum sealing machine, a bag containing real and counterfeit U.S. currency, and a duffle bag, inside of which were smaller, vacuum-sealed bags of marijuana.  In the vicinity, the NYPD recovered two additional firearms, as well as two duffle bags, inside of which were smaller, vacuum-sealed bags of marijuana.  The approximate weight of the marijuana recovered is 140 pounds.  The fourth duffle bag was not recovered.

If convicted, Ricketts, Mark Goulbourne, Jonathan Goulbourne and Jonas all face up to life imprisonment.  Ricketts, Mark Goulbourne and Jonathan Goulbourne face mandatory minimum sentences of 17 years’ imprisonment, and Jonas faces a mandatory minimum sentence of seven years’ imprisonment.  Williams and Webber each face sentences of up to 20 years’ imprisonment, and Crossgill faces a sentence of up to 15 years’ imprisonment.  The charges in the superseding indictment are allegations, and the defendants are presumed innocent unless and until proven guilty. 

The charges are the result of an ongoing Organized Crime Drug Enforcement Task Forces (OCDETF) investigation led by the United States Attorney’s Office for the Eastern District of New York and the FBI. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

This case was brought as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  As part of the program, U.S. Attorneys’ Offices work in partnership with federal, state, local and tribal law enforcement and their local communities to develop effective, locally based strategies to reduce violent crime. 

The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section.  Assistant United States Attorneys Tara McGrath and Chand Edwards-Balfour are in charge of the prosecution, with assistance from Paralegal Specialist Gwyneth Hochhausler.

The Defendants:

MARCUS RICKETTS (also known as “Blaise”)
Age:  45
Jamaica

MARK GOULBOURNE (also known as “Short Man”)
Age:  48
Jamaica

JUVANIE CROSSGILL
Age:  27
Jamaica

JONATHAN GOULBOURNE
Age:  43
Brooklyn, New York

ROMEO JONAS
Age:  34
Atlanta, Georgia

AMARI WEBBER
Age:  31
Douglasville, Georgia

CHEVONNE WILLIAMS
Age:  43
Dallas, Georgia

E.D.N.Y. Docket No. 22-CR-106 (LDH)

Earlier today, in federal court in Central Islip, Dylan Cruz, a member of the Red Lane Gorillas “set” of the Bloods street gang, was sentenced by United States District Judge Joanna Seybert to 35 years in prison following his conviction on racketeering charges for his role in the July 2012 murder of Anthony Richard in Baldwin Harbor, the October 2014 murder of Ehrik Williams in Hempstead, the November 2010 attempted murder of a rival gang member in Roosevelt, and a several years’ long conspiracy to murder members of a rival “set” of the Bloods gang in Brooklyn.  Cruz pleaded guilty to racketeering in December of 2021 along with co-defendant Richard Michel who is awaiting sentencing. 

Breon Peace, United States Attorney for the Eastern District of New York and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), and Keechant L. Sewell, Commissioner, New York City Police Department (NYPD), announced the guilty plea. 

“Dylan Cruz’s senseless, callous violence took the lives of two innocent young men and devastated their families, all because of suspected offenses against his fellow gang members and associates,” stated United States Attorney Peace.  “The relentless efforts of this Office and our law enforcement partners resulted in Cruz being held accountable for these murders that went unsolved for years.  Today’s sentence should send a message to all that violent actors will be held accountable for their criminal acts, no matter how long it takes.”

“The details of this years-long investigation make clear: The NYPD and our law-enforcement partners will never tolerate violent gangs and the havoc they wreak in our communities,” stated NYPD Commissioner Sewell. “Today’s sentencing reflects this defendant’s callous disregard for life, and reaffirms our commitment to rid our streets of violent criminals by holding them fully accountable for their actions. I want to thank the U.S. Attorney’s Office for the Eastern District of New York, the New York Field Office of the FBI, the Nassau County Police Department, and everyone else who worked to make New York City safer for all the people we serve.”

According to court filings and statements made by the defendant at his guilty plea, between 2010 and 2021, Cruz, along with other members of the Red Lane Gorillas, engaged in a violent gang war against rival gangs, including the Crips and the 5-9 Brims set of the Bloods, in Nassau County and Brooklyn.  Cruz conspired to kill members of the 5-9 Brims and on February 20, 2016, shot and seriously wounded a rival gang member and an innocent female bystander in Queens.  On November 17, 2010, Cruz also shot a rival Crips gang member in Roosevelt that left the man paralyzed.

Cruz also engaged in extreme violence against anyone suspected of disloyalty or disrespecting his gang. On July 15, 2012, Cruz murdered Anthony Richard, whom he wrongly suspected of assisting the Crips in the 2010 murder of a member of their gang.  Cruz followed Richard to Baldwin Harbor, waited until he parked his car, and then fired 15 shots into Richard’s vehicle, killing him and seriously wounding a passenger.

Just over two years later on October 14, 2014, Cruz murdered Ehrik Williams in Hempstead in the mistaken belief that Williams had robbed one of his associates.  Cruz walked up behind Williams in broad daylight and fired multiple shots at him, killing him.

This case was brought as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  As part of the program, U.S. Attorneys’ Offices work in partnership with federal, state, local and tribal law enforcement and their local communities to develop effective, locally based strategies to reduce violent crime. 

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorneys Nicole Boeckmann, Michael Maffei and Oren Gleich are in charge of the prosecution. 

The Defendant:

DYLAN CRUZ (also known as “L Banga” and “Red Lane Banga”)
Age:  30
Brooklyn, New York

E.D.N.Y. Docket Nos. 18-CR-664 (S-3) (JS)

In observation of this year’s World Elder Abuse Awareness Day, celebrated annually on June 15th, Breon Peace, United States Attorney for the Eastern District of New York highlighted available resources to increase awareness of, and prevent, various scams against seniors including brochures, flyers, and targeted presentations.

“By disseminating materials and having Assistant U.S. Attorneys provide presentations to the Eastern District community, we hope to ensure our valued senior citizens have the tools they need to protect themselves against scams,” stated United States Attorney Breon Peace.  “The Office is proud to be part of the Elder Fraud Strike Force and will use every tool at our disposal to ensure that our senior communities are protected, and those that wish to harm them are brought to justice. We encourage all to reach out for more information.” 

U.S. Attorney Peace thanked the Federal Trade Commission for its help in creating some of the materials and investigating alleged acts of elder fraud.

Some common scams targeting the elderly include:

• Family imposter scams, where someone calls pretending to be the victim’s relative (often a grandchild) and claiming to need money;

• Government imposter scams, such as callers impersonating the Internal Revenue Service or the Social Security Administration and demanding payment for fictitious tax liabilities or compromised personal information connected to alleged criminal activity;

• Tech support scams, where scammers request remote access to victim computers and then demand money to fix various bogus computer problems; and

• Romance scams conducted through online dating websites.  Often the scammers request payment via gift card, making it easier for them to remain anonymous. 

Increasing awareness of common types of scams among potential victims helps to increase their vigilance and makes them less likely to fall prey to these schemes. 

The U.S. Attorney’s Office for the Eastern District of New York has made available various materials to help increase awareness about, and prevent, frauds targeted at seniors. These include:

• Presentations by Assistant U.S. Attorneys about ways to protect yourself and your community against scams. To request a presentation please email USANYE-SpeakersBureau@usdoj.gov

• Brochure about the Department of Justice’s Elder Fraud Strike Force, with details about how to submit a complaint if you were a victim of a scam, where to find additional information, and an overview of common scams and red flags – and how to protect yourself against them.

• Flyers about gift-card scams in English and Spanish created with the Federal Trade Commission.

Combatting elder abuse and financial fraud targeted at seniors is a key priority of the U.S Attorney’s Office.  Elder abuse is a serious crime against some of our nation’s most vulnerable citizens, affecting at least 10% of older Americans every year.  Together with our federal, state, local, and tribal partners, the U.S. Attorney’s Office is committed to combatting all forms of elder abuse and financial exploitation through enforcement actions, training and resources, victim services, and public awareness.

The United States Department of Justice seeks to prevent and prosecute elder abuse and fraud through the Elder Justice Initiative, which coordinates enforcement efforts Department-wide.  In June 2019, the Attorney General announced the establishment of the Transnational Elder Fraud Strike Force. The Eastern District of New York was one of six U.S. Attorneys’ Offices to be selected to be a part of this joint law enforcement effort that brings together the resources and expertise of the Department of Justice’s Consumer Protection Branch, the FBI, the U.S. Postal Inspection Service, and other organizations. The Strike Force focuses on investigating and prosecuting individuals and entities associated with foreign-based fraud schemes that disproportionately affect American seniors. These include telemarketing, mass-mailing, and tech-support fraud schemes.

In March 2022, the Office formed the Consumer Protection Team within the Office’s Civil Division to protect the health, safety, economic security, and dignity of individuals in the Eastern District of New York and nationwide, including our most vulnerable residents – older adults and children. Click here to see more recent news regarding the Office’s Elder Justice initiative.

To request a presentation or other materials, please email USANYE-SpeakersBureau@usdoj.gov

For more information on the Department of Justice's Elder Justice Initiative please visit https://www.justice.gov/elderjustice.

If you or someone you know is a victim of elder fraud, please call the Department of Justice’s National Elder Fraud Hotline at 833–FRAUD–11 (833–372–8311).

All FTC information is in the public domain, and free to share. Visit FTC’s Pass It On to download or order free materials, including articles, presentations that you can deliver, bookmarks, and activity sheets in English and Spanish.

The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.

Anthony Pandrella, an associate of the Gambino organized crime family, was convicted today by a federal jury in Brooklyn of all three counts in an indictment charging him with the Hobbs Act robbery and murder of 77-year-old Vincent Zito and unlawful use of a firearm.  The verdict followed a one and a half-week trial before United States Chief District Judge Margo K. Brodie.  When sentenced, Pandrella faces up to life in prison and a mandatory minimum sentence of 10 years.

Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Keechant Sewell, Commissioner, New York City Police Department (NYPD), announced the verdict.

“Today’s verdict has found that the defendant is a cold-blooded killer who shot his elderly friend in his home, execution-style with a bullet in the back of the head, to avoid returning a large sum of money he was holding for the victim,” stated United States Attorney Peace.  “In addition to the brutal betrayal, the defendant also robbed luxury watches from the victim’s loan business.  I commend the FBI special agents and the NYPD detectives who solved the case and brought Pandrella to justice.”

Mr. Peace also expressed his thanks to the Brooklyn District Attorney’s Office for their assistance on the case.

“Today’s conviction underscores that no one – including associates of organized crime – is above the law,” stated Commissioner Sewell. “Because of the outstanding work of the U.S. Attorney for the Eastern District and our law enforcement partners at the FBI, this defendant’s callous disregard for human life will not go unanswered. I thank and commend everyone who worked on this case and helped us hold this violent criminal accountable for his actions.”

The evidence at trial proved that Zito was running an illegal loansharking business and had been told by Pandrella that he was “hot,” meaning that he was under investigation by law enforcement.  Zito had given Pandrella $750,000 from the business to hold for safekeeping, but when he tried to collect the money back from Pandrella, the defendant failed to return it.  On the morning of October 26, 2018, Pandrella went to the Sheepshead Bay home of Zito and while there, shot his friend of more than 30 years in the back of the head at close range.  Pandrella also stole expensive foreign-made wristwatches that the victim was holding as collateral for a customer’s loan.  Pandrella was captured on security camera footage entering and leaving Zito’s residence at the time of the murder and robbery.  After leaving the victim’s residence, Pandrella went home and additional security video from his neighborhood showed that the defendant changed his shoes and clothing, and removed the driver’s side floor mat of this vehicle so it could be cleaned.  Zito’s body was discovered by his 11-year-old grandson upon returning home from school.  The murder weapon was recovered at the scene and Pandrella’s DNA was found on the trigger and grip of the firearm.

The government’s case is being handled by the Office’s Organized Crime & Gangs Section.  Assistant United States Attorneys M. Kristin Mace and Matthew R. Galeotti are in charge of the prosecution.

The Defendant:

ANTHONY PANDRELLA
Age:  62
Brooklyn New York

E.D.N.Y. Docket No. 19-CR-122 (MKB)

Earlier today, following a week-long trial, a federal jury in Brooklyn, New York, returned a guilty verdict against Jonathan Deutsch on four counts of sexual exploitation of a minor and 6 counts of attempted sexual exploitation of a minor. Until his arrest, Deutsch was a teacher at Leon M. Goldstein High School for the Sciences.  When sentenced by United States District Judge Frederic Block, the defendant faces a minimum sentence of 15 years’ imprisonment.

Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Keechant L. Sewell, Commissioner, New York City Police Department (NYPD), announced the verdicts.

“Jonathan Deutsch connected with young children over the Internet and exploited them for his own sexual gratification.  His conduct is criminal and deplorable,” stated United States Attorney Peace.  “This Office is committed to vigorously prosecuting individuals who sexually exploit children and to ensuring that they are brought to justice.  Today’s conviction should serve as yet another reminder as to the importance of educating our children about the risks of communicating with strangers online.”   

“As the evidence presented at trial proved, Deutsch groomed children as young as 10-years-old and enticed them into sending explicit photos of themselves in pursuit of his sexual gratification. Parents and guardians are the best line of defense against Deutsch and predators like him. Have a conversation with your children; talk with them about being safe online, and tell them to ask for help the moment they are asked to do something that doesn't feel right,” stated Assistant Director-in-Charge Driscoll. 

“The trust between teachers and young students is vitally important, and violation of that trust by criminal predators is truly reprehensible,” stated NYPD Commissioner Sewell. “This defendant’s appalling actions are a reminder to all parents to closely monitor their child’s online activity, and today’s conviction further proves that the NYPD and our law-enforcement partners will never abate our efforts to keep young people safe.  I want to thank the U.S. Attorney for the Eastern District, the New York Field Office of the FBI, and every investigator who worked on this important case.”

As proven at trial, beginning in 2016, Deutsch joined Facebook groups through which he identified users who appeared from their profiles to be minors.  Deutsch, using two separate Facebook accounts, messaged children in an effort to develop relationships with them.  Using one of these accounts, he posed as a 33-year-old teacher from New York, and using the other, he posted as a 15 year old boy.  When chatting with children, he showered them with compliments and pretended to be their boyfriend.  Deutsch enticed the children to engage in sexually explicit conduct and then to send him videos and photos of that conduct.  He also sent minors sexual photos that he represented to be of himself.  Ultimately, Deutsch requested and received sexually explicit images or videos from at least four children, ranging in age from 10 to 16 years old. 

The evidence at trial included testimony from law enforcement witnesses who examined Deutsch’s computer and three of the children who the defendant exploited, as well as evidence of his internet browser history, and Facebook records, including his messenger communications with victims and potential victims, as well his account information.

This prosecution is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and the Department of Justice 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.

The government’s case is being handled by the Office’s Civil Rights Section.  Assistant United States Attorneys Megan E. Farrell and Rachel A. Bennek are in charge of the prosecution. 

The Defendant:

Jonathan Deutsch
Age:  38
Brooklyn, New York

E.D.N.Y. Docket No. 18-CR-502 (FB)

Martin Leonel Perez Castro, also known as “Richard,” was extradited this morning to the United States from Colombia to face charges in the Eastern District of New York of leading a continuing criminal enterprise and participating in an international cocaine manufacture and distribution conspiracy.  According to the indictment, court filings, and statements made in Court, the defendant was the commander of the Revolutionary Armed Forces of Colombia (FARC) 30th Front, a group that operated in southwestern Colombia.  The defendant is scheduled to be arraigned this afternoon before United States Magistrate Judge Vera M. Scanlon.

Breon Peace, United States Attorney for the Eastern District of New York, Anne Milgram, Administrator, U.S. Drug Enforcement Administration (DEA), and Thomas Fattorusso, Executive Special Agent-in-Charge, Internal Revenue Service Criminal Investigation, New York Field Office (IRS-CI), announced the extradition and arraignment.

“As alleged, the defendant was a senior leader within FARC and used armed violence to protect a sophisticated operation that produced and distributed thousands of kilograms of cocaine on a global scale, all to help finance the paramilitary group’s mission to overthrow the Government of Colombia,” stated United States Attorney Peace.  “The Department of Justice is committed to working with our international partners to dismantle destructive drug trafficking organizations, especially where their drug trafficking is used to finance violence and terrorism.” 

Mr. Peace extended his appreciation to the DEA’s office in Bogota, Colombia, the United States Marshals Service, the United States Department of State, the Department of Justice’s Office of International Affairs, the Criminal Division’s Narcotic and Dangerous Drug Section (NDDS) Judicial Attachés in Bogotá, the Colombian National Police, the Government of Colombia, the New York City Police Department (NYPD), and the New York State Police (NYSP).

DEA Administrator Milgram said, “The charges today demonstrate that this violent narco-trafficking group imported  tons of cocaine from Colombia into New York City. Through dedicated and tireless efforts, DEA and our global law enforcement partners have brought this senior FARC member to justice in the United States.”

“As an alleged senior FARC commander in Colombia, it’s charged that Martin Leonel Perez Castro used violence and terroristic tactics to expand the FARC’s narcotics empire while distributing thousands of pounds of cocaine across the United States and Europe.  Today’s extradition is the beginning of a long road where Perez Castro will face American justice, and just as the FARC dissolved, so will his freedom,” said IRS-CI Special Agent in Charge Fattorusso.

The FARC was founded in 1964 as a left-wing paramilitary group dedicated to the violent overthrow of the Government of Colombia.  Over decades of conflict, the FARC attacked Colombian government forces and used targeted killings, kidnapping, and other terrorist tactics to achieve its ends.  In October 1997, the U.S. Secretary of State designated the FARC as a foreign terrorist organization (FTO).  After the Government of Colombia and the FARC entered into a peace accord in 2016, the FARC formally dissolved.  On November 30, 2021, the U.S. Secretary of State revoked the designation of the FARC as an FTO.  The defendant’s conduct occurred prior to the 2016 peace accord.

The 30th Front, allegedly led by Perez Castro, supplied many thousands of kilograms of cocaine to other drug trafficking organizations for distribution to locations in the United States, Europe, and elsewhere, sometimes attacking rival drug trafficking groups or Colombian government forces to protect or expand FARC territory.  As part of the investigation, law enforcement authorities seized over 2,500 kilograms of cocaine attributable to Perez Castro’s drug trafficking enterprise.  The seizures included more than 1,000 kilograms of cocaine recovered at and near a large-scale laboratory that was co-owned by the defendant.  

The extradition of Perez Castro is the result of an ongoing Organized Crime Drug Enforcement Task Forces (OCDETF) investigation led by the United States Attorney’s Office for the Eastern District of New York and the DEA.  The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.  OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, the defendant faces up to life in prison.

The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section.  Assistant United States Attorneys Saritha Komatireddy and Andrew D. Wang are in charge of the prosecution. 

The Defendant:

MARTIN LEONEL PEREZ CASTRO, also known as “Richard”
Age: 51
Colombia

E.D.N.Y. Docket No. 14-CR-465 (S-2) (RJD)

Earlier today, in federal court in Central Islip, Mara Ficarra pleaded guilty to conspiracy to commit mail, wire and bank fraud.  The proceeding was held before United States District Judge Joanna Seybert.  When sentenced, Ficarra faces up to five years in prison, as well as forfeiture and restitution of more than $1.5 million.

Breon Peace, United States Attorney for the Eastern District of New York, and Daniel B. Brubaker, Inspector-in-Charge, United States Postal Inspection Service, New York Division (USPIS). announced the guilty plea.

“Ficarra enriched herself by preying upon vulnerable elderly members of our community in an elaborate solicitation to immortalize the victims’ through inclusion of their biographies in reference publications she controlled, when in fact it was a scheme designed to steal their hard-earned savings.  With today’s guilty plea, Ficarra has ensured that her own legacy is that of a convicted fraudster,” stated United States Attorney Peace.  “This Office is committed to protecting the elderly from financial fraud and ending elder abuse in all its pernicious forms.”  Mr. Peace thanked the Southampton Town Police Department for its assistance with the investigation.

“Mara Ficarra took advantage of the elderly, leading them to believe their legacies would be preserved in The Remington Registry of Outstanding Professionals. What she did instead was prey on innocent victims and continue to drain their bank accounts of over $1.5 million. Postal Inspectors will tirelessly pursue anyone who targets the elderly for fraud. Today’s guilty plea is proof of the commitment of Postal Inspectors and our partners in the U.S. Attorney’s Office to bring these scammers to justice,” stated USPIS Inspector-in-Charge Brubaker.

As set forth in court filings, Ficarra and a co-conspirator owned, operated and held senior management positions in various companies, including Remington Biographies, Inc., Remington Bookkeepers, Inc., and Mentorship America1, Inc. (collectively, the “Remington Entities”).  The Remington Entities purported to publish reference publications containing biographical information of individuals across the country.  Those publications included “Inspiring the Youth of America” and “The Remington Registry of Outstanding Professionals.”

From 2013 to December 2018, Ficarra caused letters and pamphlets to be mailed to victims, primarily the elderly, indicating that the victim’s biography would be published in one of the reference publications.  The letters, addressed “Dear Nominee,” indicated, “Your 2 books and your plaque are paid for in full and ready for delivery.  Please send a check for $14.00 dollars for shipping and handling.”  The pamphlet described the publication and stated in part, “The Remington Registry of Outstanding Professionals is more than a who’s who.  It is the ultimate expression of achievements, hardships, and dedication that professionals have made in their lives and careers….  Sit back and be read for a wonderful experience.”  The mailings induced hundreds of victims to send checks as payment for inclusion in the reference publications.  Ficarra then used the routing and bank account information on those checks to produce fraudulent checks for larger dollar amounts, which she then deposited into bank accounts she and a co-conspirator controlled at Citibank, Everbank, HSBC, JP Morgan Chase and Wells Fargo, among other financial institutions.  Ficarra then promptly withdrew cash from the accounts, stealing more than $1.5 million dollars from the victim subscribers and financial institutions.

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorney Catherine M. Mirabile is in charge of the prosecution, with the assistance of Assistant United States Attorney Madeline O’Connor who is handling forfeiture matters.

The Defendant:

MARA FICARRA
Age:  57
Southampton, New York

E.D.N.Y. Docket No. 18-CR-679 (S-1) (JS)

Earlier today, in federal court in Brooklyn, Danari Aiken, a member of the Mac Baller Brims Bloods street gang, as well as the “From Nothing” street gang based in the Lincoln Towers development in East New York, Brooklyn, was sentenced by United States District Judge Pamela K. Chen to 11 years’ imprisonment for two counts of being a felon in possession of a firearm.  According to court filings and facts presented during the sentencing proceeding, the first count of firearm possession related to a 2018 incident where Aiken attempted to murder a rival gang member and ended up firing at random into a crowd of people outside a Queens nightclub injuring five bystanders.  The second count related to an incident where Aiken possessed a firearm while fleeing police from a traffic stop.  In December 2021, Aiken pleaded guilty to both counts. Aiken was previously convicted in 2015 of possessing a loaded firearm.

Breon Peace, United States Attorney for the Eastern District of New York, announced the sentence.

“The defendant, who has previously been convicted of a felony crime, armed himself on multiple occasions, and one night, used that deadly weapon to endanger and wound many in his line of fire.  Thankfully in this case, the victims suffered non-fatal injuries,” stated United States Attorney Peace.  “Gun violence and mass shootings are a menace that this Office and our law enforcement partners are working tirelessly to stop by taking firearms out of the hands of violent individuals like the defendant, who learned today there are serious federal consequences for his actions.”

Mr. Peace expressed his appreciation to the Federal Bureau of Investigation, New York Field Office, the New York City Police Department (NYPD), and the Queens County District Attorney’s Office for their outstanding work and assistance in this investigation and prosecution.

As set forth in court filings, on December 7, 2018, Aiken attempted to ambush rival gang members outside of the Rose Lounge nightclub in Queens.  When he arrived at the nightclub, Aiken flashed gang signs before attempting to shoot an individual at point-blank range.  When that individual returned fire, Aiken fled but continued firing into the crowd.  As a result of the shooting, five bystanders suffered non-fatal injuries.  The firearm and ammunition used by Aiken were recovered by the NYPD at the scene.

On November 12, 2020, Aiken led NYPD officers on a high-speed chase in Brooklyn when they attempted to stop the vehicle he was driving for disobeying a traffic device.  After smashing into a garbage truck and nearly striking several pedestrians, Aiken was apprehended when his path was blocked by a parked fire truck.  The NYPD recovered a firearm in the vehicle which was later found to have Aiken’s DNA on it.

This case was brought as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  As part of the program, U.S. Attorneys’ Offices work in partnership with federal, state, local and tribal law enforcement and their local communities to develop effective, locally based strategies to reduce violent crime.  

The government’s case is being handled by the Office’s Organized Crime and Gangs Section.  Assistant United States Attorneys Jonathan Siegel and Lindsey R. Oken are in charge of the prosecution.

The Defendant:

DANARI AIKEN
Age:  29
Brooklyn, New York

E.D.N.Y. Docket No. 21-CR-68 (PKC)

Earlier today, in federal court in Brooklyn, Dilkhayot Kasimov, a citizen of Uzbekistan and resident of Brooklyn, was sentenced by United States District Judge William F. Kuntz, II to 15 years in prison for conspiring and attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (ISIS).  Kasimov was convicted of both counts following a one-week trial in September 2019.

Breon Peace, United States Attorney for the Eastern District of New York; Matthew Olsen, Assistant Attorney General of the Justice Department’s National Security Division; Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); and Keechant L. Sewell, Commissioner, New York City Police Department (NYPD), announced the sentence.

“Today’s sentence demonstrates the significant consequences for those who help terrorist groups, including by facilitating travel of others to join ISIS,” stated United States Attorney Peace.  “Kasimov was part of a group of individuals who sought to travel to Syria to join ISIS or to fund others who sought to become foreign fighters for ISIS.  The Department of Justice and our law enforcement partners will continue working relentlessly to protect our country from terrorists and those who would provide support to them.”

“Kasimov is an ISIS supporter who collected and gave money to another individual to fund his travel to join the terrorist group. With this sentence, Kasimov is being held accountable for his crimes,” said Assistant Attorney General for National Security Matthew G. Olsen. “The National Security Division is committed to identifying and holding accountable those who seek to provide material support to foreign terrorist organizations. I would like to thank all of the agents, analysts, and prosecutors who are responsible for this case.”

"Providing financial support to potential ISIS-inspired foreign fighters comes with a stiff penalty. As Kasimov learned today, his actions will cost him 15 years behind bars. The FBI continues to make every effort to protect Americans at home and abroad and to bring other like-minded criminals to justice,” stated Assistant Director-in-Charge Driscoll.

“This sentence serves as a warning to anyone who seeks to fund or carry out acts of terror,” stated NYPD Commissioner Sewell. “The NYPD’s Intelligence Bureau and the Joint Terrorism Task Force will remain vigilant in our efforts to stem the flow of fighters and disrupt and dismantle the networks that support them, both here and abroad.”

According to court filings, in 2015, Kasimov’s co-consiprators Abdurasul Juraboev and Akhror Saidakhmetov planned to travel to Syria to fight on behalf of ISIS.  Kasimov provided money – his own and cash collected by others – to help fund Saidakhmetov’s travel and expenses.  On the evening of Saidakhmetov’s scheduled departure in February 2015, Kasimov drove to John F. Kennedy International Airport, met Saidakhmetov at Terminal 7 and handed him $1,600 in cash on behalf of himself, co-conspirator Abror Habibov and others. 

Co-defendants Juraboev and Saidakahmetov were each sentenced to 15 years’ imprisonment, while co-defendant Azizjon Rakhmatov was sentenced to 12.5 years’ imprisonment.  Habibov and co-defendant Akmal Zakirov are awaiting sentencing. A seventh co-conspirator, Dilshod Khusanov, who was charged in a separate indictment, pled guilty to conspiracy to provide material support to designated foreign terrorist organizations and is scheduled to be sentenced on July 5, 2022.

The government’s case is being handled by the Office’s National Security & Cybercrime Section.  Assistant United States Attorneys Douglas M. Pravda, David K. Kessler and J. Matthew Haggans are in charge of the prosecution, with assistance provided by Trial Attorney Steven Ward of the National Security Division’s Counterterrorism Section.

The Defendant:

DILKHAYOT KASIMOV
Age:  34
Brooklyn, New York

E.D.N.Y. Docket No. 15-CR-95 (S-3)(WFK)

A citizen of Uzbekistan and resident of Brooklyn was sentenced today to 15 years in prison for conspiring to and attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (ISIS).

Dilkhayot Kasimov, 34, was convicted of both counts following a one-week trial in September 2019. According to court documents, in 2015, Kasimov’s co-conspirators Abdurasul Juraboev and Akhror Saidakhmetov planned to travel to Syria to fight on behalf of ISIS. Kasimov provided money – his own and cash collected by others – to help fund Saidakhmetov’s travel and expenses. On the evening of Saidakhmetov’s scheduled departure in February 2015, Kasimov drove to John F. Kennedy International Airport, met Saidakhmetov at the terminal and handed him $1,600 in cash on behalf of himself, co-conspirator Abror Habibov and others. 

“Kasimov is an ISIS supporter who collected and gave money to another individual to fund his travel to join the terrorist group. With this sentence, Kasimov is being held accountable for his crimes,” said Assistant Attorney General for National Security Matthew G. Olsen. “The National Security Division is committed to identifying and holding accountable those who seek to provide material support to foreign terrorist organizations. I would like to thank all of the agents, analysts and prosecutors who are responsible for this case.”

“Today’s sentence demonstrates the significant consequences for those who help terrorist groups, including by facilitating travel of others to join ISIS,” said U.S. Attorney Breon Peace for the Eastern District of New York. “Kasimov was part of a group of individuals who sought to travel to Syria to join ISIS or to fund others who sought to become foreign fighters for ISIS. The Department of Justice and our law enforcement partners will continue working relentlessly to protect our country from terrorists and those who would provide support to them.”

“Providing financial support to potential ISIS-inspired foreign fighters comes with a stiff penalty,” said Assistant Director in Charge Michael J. Driscoll of the FBI New York Field Office. “As Kasimov learned today, his actions will cost him 15 years behind bars. The FBI continues to make every effort to protect Americans at home and abroad and to bring other like-minded criminals to justice.”

Co-defendants Juraboev and Saidakahmetov were each sentenced to 15 years’ imprisonment, while co-defendant Azizjon Rakhmatov was sentenced to 12.5 years’ imprisonment. Habibov and co-defendant Akmal Zakirov are awaiting sentencing. A seventh co-conspirator, Dilshod Khusanov, who was charged in a separate indictment, pleaded guilty to conspiracy to provide material support to designated foreign terrorist organizations and is scheduled to be sentenced on July 5.

Assistant U.S. Attorneys Douglas M. Pravda, David K. Kessler and J. Matthew Haggans for the Eastern District of New York are prosecuting the case, with assistance provided by Trial Attorney Steven Ward of the National Security Division’s Counterterrorism Section.

The FBI investigated the case, with valuable assistance provided by the New York City Police Department.

A seven-count indictment was unsealed today in federal court in Central Islip charging Marquis Douglas, also known as “Prince” and “President,” and Jesse Pace, also known as “Jah,” with conspiring to distribute fentanyl, cocaine, heroin and crack cocaine.  The indictment also charges Douglas and Pace with distribution of controlled substances resulting in four separate deaths on August 13, 2021.  The indictment separately charges Douglas with the possession of fentanyl and cocaine in Suffolk County in May 2022.  Pace was arrested this morning and will be arraigned this afternoon before United States Magistrate Judge Steven L. Tiscione.  Douglas, who is already in federal custody on related charges, will be arraigned at a later date.

Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Raymond A. Tierney, Suffolk County District Attorney, announced the charges.

“The defendants’ drug sales caused four overdose deaths in a single day last summer, contributing to the tragic history of the opioid epidemic that has claimed too many lives on Long Island,” stated United States Attorney Peace.  “Dealing deadly drugs in this district will be met with severe consequences.  At the same time, we are working to reduce the availability of these drugs and prevent new addictions in our efforts to save lives.  It is our hope that the federal prosecution of Douglas and Pace will bring some solace to the families of the four victims who died as a result of the defendants’ actions.” 

Mr. Peace also extended his thanks to the Riverhead Police Department for their assistance in investigation.

“Tragically, as overdose deaths continue to rise, people are still peddling these poisons into our communities.  Fortunately our focus on the illegal drug epidemic hasn't waned, and bringing Douglas and Pace to justice shows our pursuit of these dealers hasn't either,” stated FBI Assistant Director-in-Charge Driscoll.

“We thank the U.S. Attorney’s Office and the FBI for their assistance in helping us get these dangerous drug dealers off of our streets,” stated District Attorney Tierney. “These defendants, while in federal custody, will no longer be able to sell fentanyl and other dangerous drugs to unwitting customers and pose a danger to the community.”

The charges arise from Douglas and Pace allegedly distributing cocaine and a fentanyl analogue, flourofentanyl, which led to a series of overdose deaths, on the East End of Long Island in 2021.  As set forth in the indictment and other court filings, Douglas and Pace allegedly engaged in a years’ long conspiracy to distribute over five kilograms of cocaine, one kilogram of heroin, 280 grams of crack cocaine, 40 grams of fentanyl and a quantity of a fentanyl analogue.  In August of 2021, Douglas and Pace distributed cocaine laced with a fentanyl analogue in Greenport, New York.  When their drugs were re-distributed at the street level, it caused four fatal overdoses on August 13, 2021.  The bodies were found the following day.  More recently, while travelling as a passenger in a vehicle that was stopped for a traffic infraction in Suffolk County on May 5, 2022, Douglas was found in possession of distribution quantities of cocaine and fentanyl.

The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.  If convicted, each defendant faces up to life imprisonment.

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorneys Michael R. Maffei and Andrew P. Wenzel, along with Special Assistant United States Attorney Dana Gremaux are in charge of the prosecution.

The Defendants:

MARQUIS DOUGLAS (also known as “Prince” and “President”)
Age: 36
Riverhead, New York

JESSE PACE (also known as “Jah”)
Age: 38
Riverhead, New York

E.D.N.Y. Docket No. 22-CR-246 (JS)

Caris Life Sciences, Inc. (Caris) has agreed to pay $2,886,674.86 to resolve allegations that it violated the False Claims Act in an alleged nationwide scheme to improperly bill Medicare for laboratory tests known as “Caris Molecular Intelligence” and the “ADAPT Biotargeting System.” 

Breon Peace, United States Attorney for the Eastern District of New York, Scott J. Lampert, Special Agent-in-Charge, U.S. Department of Health and Human Services, Office of the Inspector General, New York Region (HHS-OIG) and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI) announced the settlement.

“In this case, tests for cancer patients were delayed for no reason other than to circumvent a Medicare requirement and allow improper payment to Caris,” stated United States Attorney Peace.  “We will continue to enforce Medicare rules to protect the program and its vital role in our health care system, especially for the elderly and vulnerable.” 

Mr. Peace expressed his gratitude for the support of the United States Department of Health and Human Services for their assistance in investigating these important claims.

“This settlement is another example of our commitment to holding the health care industry accountable for proper billing practices,” stated HHS-OIG Special Agent-in-Charge Lampert.  “Along with our law enforcement partners, HHS-OIG will continue to ensure that individuals and entities billing federal health care programs do so in an honest manner.”

“Caris Life Sciences intentionally deceived the public health care system to benefit from unlawful payments. Medicare fraud, in all its many forms, puts public health at risk and hands taxpayers the bill. We will continue to work with our partners to ensure programs like Medicare remain free from fraudulent activity,” stated Assistant Director-in-Charge Driscoll.  

Caris, a molecular science company headquartered in Texas, developed a series of laboratory tests primarily for cancer patients to detect the activity of certain genes within a breast cancer tumor to predict the risk of breast cancer recurrence in patients.  These predictive genetic marker tests are used by oncologists and other physicians to assist in determining appropriate treatment options for cancer patients.

During the time period covered by the settlement, Medicare’s 14-Day Rule prohibited laboratories from separately billing Medicare for tests performed on specimens if a physician ordered the test within 14 days of the patient’s discharge from a hospital stay either in an outpatient or inpatient setting.  However, if the test was performed more than 14 days after discharge, then Medicare’s 14-Day Rule permitted laboratories to bill Medicare directly for the test.

The United States contends that Caris perpetrated a scheme to evade Medicare regulations when submitting claims to the Centers for Medicare & Medicaid Services (CMS) for its predictive marker tests to circumvent Medicare’s 14-Day Rule (which establishes who may bill Medicare for certain laboratory services) in three ways:           

• Caris sought direct reimbursement from CMS for claims on behalf of Medicare beneficiaries, when tests were ordered and submitted for testing within 14 days after an inpatient discharge.  For inpatient beneficiaries, hospitals receive a lump-sum payment CMS called the Diagnosis-Related Group (“DRG”) payment.  By submitting separate claims for the laboratory tests, Medicare paid twice for the same service, as part of the DRG and in a direct payment to Caris.
• Caris sought direct reimbursement from CMS for claims on behalf of Medicare beneficiaries, when Caris failed to discourage providers who ordered testing within 14 days after an inpatient or outpatient discharge from canceling the order and placing a new order for testing after the 14-day time period had elapsed; and
• Caris sought direct reimbursement from CMS for tests ordered within 14 days of a beneficiary’s out-patient procedure.

The civil settlement includes the partial resolution of one action and final resolution of another brought under the qui tam or whistleblower provisions of the False Claims Act against Caris.  Under the qui tam provisions of the False Claims Act, a private party can file an action on behalf of the United States and receive a portion of the settlement if the government takes over the case and reaches a monetary agreement with the defendant.  The qui tam cases are captioned United States ex rel. Doe v. (UNDER SEAL) and United States ex rel. Caughron v. CDx Holdings, Inc. f/k/a Caris Life Science, Civil Action No. 18-CV-0352 (E.D.N.Y). 

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

The government’s case was handled by Senior Litigation Counsel Deborah B. Zwany with assistance from Affirmative Civil Enforcement Auditor Michael Gambrell. The Office of Inspector General at the Department of Health and Human Services and the Federal Bureau of Investigation assisted in the investigation of these cases.