Northern District of Ohio

U.S. Attorney Justin Herdman announced today that Ronald Wilson, age 47, of Vickery, was sentenced by Judge Jack Zouhary to 90 months imprisonment and ordered to pay $3,977,919.39 in restitution with co-defendant Sherri Wilson after pleading guilty to conspiracy to commit wire fraud, three counts of wire fraud, mail fraud, bank fraud, and embezzlement of government property on February 11, 2020.

Additionally sentenced in this matter were Sherri Wilson, age 31, of Vickery, and Murphy Feeny, age 32, of Toledo. Sherri Wilson was sentenced to 45 months imprisonment after pleading guilty to conspiracy to commit wire fraud, three counts of wire fraud, mail fraud, bank fraud, and embezzlement of government property. Murphy Feeny was placed on probation for a term of 3 years after pleading guilty to one count of conspiracy to commit wire fraud and ordered to pay $32,000 in restitution. 

According to court documents, beginning in 2016, Defendants Ronald and Sherri Wilson developed a scheme to recruit investors from around the world who sought to invest in Toledo’s residential real estate market. These investors were told by Ronald and Sherri Wilson that, if they sent the Wilsons money, the Wilsons would purchase properties for the investor, register a limited liability company (LLC) purportedly controlled by the investor, rehabilitate the properties, obtain tenants, and manage rental income on the investors’ behalf.

In actuality, the Wilsons routinely gave themselves control over the subject LLCs, misdirected investor funds, withheld income, took payment for rehabilitation projects, but never completed ordered work, defrauded an insurance company, engaged in “check-kiting,” and even embezzled United States Department of Housing and Urban Development funds meant to benefit low-income tenants in the City of Toledo. Many of the properties involved in this case, including a downtown hotel, have been left derelict and uninhabitable. Tenants of the now-uninhabitable properties –including vulnerable Section 8 recipients – have been unnecessarily displaced as a result of the defendants’ actions.

In sum, Ronald and Sherri Wilson caused millions of dollars in losses to investors, as described in court filings.

This case was investigated by the Federal Bureau of Investigation and the United States Department of Housing and Urban Development Office of Inspector General, and was prosecuted by Assistant United States Attorneys Robert Melching and Gene Crawford.

The owner of a Florida talent management company, two Northeast Ohio men, and six others have been charged via criminal complaint in federal court for their alleged participation in a scheme to file fraudulent loan applications seeking more than $24 million in forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.  Five of these complaints were unsealed today.

U.S. Attorney Justin Herdman for the Northern District of Ohio, Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, Special Agent in Charge (SAC) Eric B. Smith of the FBI’s Cleveland Field Office, SAC Bryant Jackson of the IRS Criminal Investigation Division’s (IRS-CI) Cincinnati Field Office, and Inspector General Hannibal “Mike” Ware of the SBA­ Office of Inspector General (OIG) made the announcement.

Six defendants were charged in this scheme in federal criminal complaints filed in the Northern District of Ohio in July:

• Phillip J. Augustin, 51, of Coral Springs, Florida, was charged on July 28, 2020 with wire fraud, bank fraud, conspiracy to commit wire fraud and bank fraud, and obstruction of justice. 
   
• Wyleia Nashon Williams, 44, of Ft. Lauderdale, Florida, was charged on July 28, 2020 with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud. 
   
• James R. Stote, 54, of Hollywood, Florida, and Ross Charno, 46, of Ft. Lauderdale, Florida, were charged on June 24, 2020 with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud. 
   
• Deon D. Levy, 50, of Bedford, Ohio, and Abdul-Azeem Levy, 22, of Cleveland, Ohio, were charged on June 8, 2020 with wire fraud and conspiracy to commit wire fraud. 

Three more defendants were recently charged with wire fraud, bank fraud, and conspiracy to commit wire fraud and bank fraud by federal criminal complaints filed in the Southern District of Florida on August 3, 2020.  Those defendants are Damion O. McKenzie, 38, of Miami Gardens, Florida; Andre M. Clark, 46, of Miramar, Florida; and Keyaira Bostic, 31, of Pembroke Pines, Florida.

“As many of our family, friends and neighbors suffered adverse economic consequences from our nation’s response to a global pandemic, these defendants were allegedly looking for ways to profit off of our collective troubles and fears,” said U.S. Attorney Justin Herdman, “The Justice Department will continue to work long hours with our federal, state, and local partners to find and prosecute those who may have defrauded the public of funds meant to help the American economy recover from this once-in-a-century catastrophe.”

“The defendants are alleged to have coordinated a scheme to fraudulently obtain millions of dollars in PPP loans and to receive kickbacks for filing fraudulent loan applications for others,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “The Department and our law enforcement partners are aggressively pursuing individuals who scheme to steal PPP funds intended for legitimate small businesses suffering the economic hardships of the COVID-19 pandemic.”

“While the entire world was focused on dealing with a pandemic, it is alleged that these individuals were selfishly focused on exploiting programs designed to help people survive financially during the shutdown,” said FBI SAC Eric B. Smith. “Rest assured, as our country continues to move forward, law enforcement will identify those that have financially benefited from providing fictitious information to COVID-19 assistance programs. Law enforcement will ensure these ill-gotten gains are returned so that honest, hardworking employers and employees can continue to receive the assistance they need.”

“Criminals seize on every opportunity to exploit bad situations, and this pandemic is no exception,” said Bryant Jackson, SAC, IRS-CI, Cincinnati Field Office.  “The Paycheck Protection Program under the CARES Act was designed to help Americans struggling with financial hardship and IRS Criminal Investigation along with our federal law enforcement partners will be aggressive in investigating anyone who allegedly defrauds this critical program.”

The complaints unsealed today allege that the defendants conspired to obtain millions of dollars in fraudulent PPP loans.  Early on in the scheme, Augustin is alleged to have obtained a fraudulent PPP loan for his company, Clear Vision Music Group LLC, using falsified documents. After submitting that application, Augustin recruited Williams to assist in a scheme with other co-conspirators to submit numerous fraudulent PPP loan applications for confederate loan applicants, in order to receive kickbacks for obtaining said loans.

Following the success of Clear Vision’s PPP application, Augustin and Williams immediately began working to obtain additional and larger PPP loans for Augustin’s associates, generally for several hundred thousand dollars for each loan and up to as much as approximately $1.24 million, according to the complaint. The applications submitted for these loans relied on fake payroll numbers, falsified IRS forms, phony bank statements, and counterfeit checks. According to the complaint, Williams allegedly facilitated the loan applications, while Augustin continued to recruit more applicants and pressured them to send their kickbacks once funds were received.

Augustin is alleged to have recruited numerous confederate PPP loan applicants using his network of business contacts from his work as a manager for professional athletes. Augustin monitored the progress of applications and of the kickback wires he was expecting.  McKenzie, Clark, and Bostic are alleged to have sought PPP loans for their own companies and to have recruited other confederate PPP loan applicants in exchange for a share of the loan proceeds.

The complaint alleges that the scheme involved the preparation of at least 90 fraudulent loan applications, most of which were submitted.  The defendants are alleged to have conspired to obtain PPP loans collectively worth more than $24 million dollars. Many of those applications were approved and funded by financial institutions, paying out at least $17.4 million. 

The scheme allegedly included at least two loans to entities in northeast Ohio worth approximately $875,000. 

According to the complaint, investigators identified more than $2.3 million in kickback wire transfers from entities that obtained sizable PPP loans or their owners.  Augustin received more than $900,000 in kickback wires in a six-week period.

The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic.  One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP.  In April 2020, Congress authorized over $300 billion in additional PPP funding.

The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent.  PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities.  The PPP allows the interest and principal to be entirely forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses a certain amount of the PPP loan proceeds on payroll expenses.  

A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The Northern District of Ohio cases are being prosecuted by Assistant U.S. Attorney Elliot Morrison and Trial Attorney Philip Trout of the Criminal Division’s Fraud Section.

These cases were investigated by the FBI’s Cleveland Field Office, IRS-CI Cincinnati Field Office, FBI Miami Field Office, IRS-CI Miami Field Office, the SBA-OIG, and the Federal Deposit Insurance Corporation Office of Inspector General. The U.S. Attorney’s Office for the Northern District would like to acknowledge and thank the U.S. Attorney’s Office for the Southern District of Florida for assistance with this matter.

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

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The United States Attorney's Office for the Northern District of Ohio presented awards to honor exceptional advocacy, support and legal work on behalf of the district's six million residents in 2019.

"These awards recognize the best efforts put forth by our office on behalf of the citizens of the Northern District," said U.S. Attorney Justin Herdman. "Whether it's combating violent crime, protecting taxpayers, trying to curb the tide of the opioid epidemic, just to name a few, these employees embody the best of public service."

Details of the award winners are below:

Graduates of the Cleveland Federal Community Leadership Institute (CFCLI): Antoinette Burrell, Angelia Johnson and Crystal Williamson

The Cleveland Federal Community Leadership Institute is a program designed to develop leaders among Cleveland's federal agencies. This program gives students opportunities to network with like-minded leaders in the Cleveland area, develop effective teamwork skills, and design a community outreach project. This year, the Northern District had three graduates: Antoinette Burrell, Angelia Johnson and Crystal Williamson. Congratulations, graduates.

Wings of Excellence Award: Jeanette Albrecht and Michelle Baeppler  

The purpose of this award is to recognize those employees whose outstanding performances, either on or off the job, have served as an inspiration to others and/or brought credit to the Federal service. Awardees may be recognized for on-the-job performance, community service, or both.

Jeanette Albrecht has been with the Northern District since 2014. She was hired as a Legal Assistant in the Civil Division, where she supported several Assistant U.S. Attorneys in the Financial Litigation and Defensive Units. She assisted in mentoring new legal assistants and has never missed an opportunity to support other personnel within the division.   

Michelle Baeppler has handled some of the office's most notable prosecutions. She joined the U.S. Attorney's Office in 2007 as an Assistant U.S. Attorney and has since prosecuted a myriad of criminal cases, including narcotics trafficking, firearms, bank robbery, terrorism, national security and civil rights matters. She has served as the Deputy Chief of the Organized Crime Drug Enforcement Task Force (OCDETF) Unit and is currently the Branch Chief for the Akron office.  

Congratulations, Jeanette and Michelle. 

2020 Franklin A. Polk Public Servant Award: Renee Mackey

Renee Mackey has been recognized by the Cleveland Metropolitan Bar Association for demonstrating outstanding service to the legal profession, the general public, and the justice system. These merit awards are given for long and faithful service, devotion to duty, wise counsel, and unfailing patience. Renee has worked tirelessly on behalf of the Northern District's six million residents for the past 31 years and is an exemplary public servant. Congratulations, Renee.  

The Bill Edwards Career Award: Jim Morford

Jim Morford is honored for over 30 years of exceptional federal service. Jim began his career as an Assistant Prosecuting Attorney in Montgomery County and joined the Northern District in 1991. Jim is an Assistant U.S. Attorney who oversees the district's forfeiture division. Jim is widely considered an expert and leading authority on all things related to both criminal and civil forfeiture. Jim's division consistently nets forfeiture results that far exceed districts much larger than Ohio Northern. Congratulations, Jim.

The Roberta Sladick Career Award: Cindy Jenkins 

Cindy is described as an "invaluable asset" and "one of the best employees the U.S. Attorney's Office has had over her long career." Cindy is a leader, mentor and trainer. Cindy has trained countless new employees as they have joined the Criminal Division and is always ready to help and fill in for anyone who needs help, and she has a hands-on approach when it comes to completing the mission. Congratulations, Cindy.

Excellence in Criminal Advocacy: Dan Riedl, Duncan Brown, Om Kakani, Matt Kall and Michelle McEwen

This year's recipients are awarded the Excellence in Criminal Advocacy award for their unwavering commitment and professionalism demonstrated throughout trial. Congratulations to Dan, Duncan, Om, Matt and Michelle.

Excellence in Civil Advocacy: Renee Bacchus, James Bennett, Karen Swanson Haan, Twana Rogers and Devin Zabarsky

This year's recipients are recognized for their legal skills and adaptability while protecting the United States, and their shining example of professionalism in the face of national headlines and unexpected challenging circumstances. The team used keen legal knowledge and exceptional judgment in meeting, conferring, and negotiating with both the Plaintiffs and defense counsel, the Special Masters, the Court and numerous agency officials and attorneys. Congratulations to Renee, James, Karen, Twana and Devin.

Excellence in Criminal Support: Allison Kretz

Allison Kretz is such an instrumental part of the Northern District's Criminal Division. Many of the office's 2019 success stories would not have happened without Allison. She is approachable, knowledgeable, easy to work with, encouraging and patient. She leads by example and becomes an integral part of every team to which she is assigned. But more important than helping the office, Allison assists the victim community that the district serves. Congratulations, Allison. 

Excellence in Civil Support: Donna Stroffolino

Donna Stroffolino is awarded this year's "Excellence in Civil Support" award for providing support on high-volume foreclosure matters and doing so in a timely manner. The foreclosure unit files in 17 different state courts, has approximately 1500 cases pending and bring in over $1M a year. Donna helps manage the unit's workload by assessing and reviewing each foreclosure complaint and coordinating with the respective agencies in order to enable the office to file an answer or response. Congratulations, Donna. 

Excellence in Paralegal Support: Jen Bosher

Jen Bosher is awarded this year's "Excellence in Paralegal Support" award for her meticulous work and exemplary attention to detail. Jen has worked as a paralegal for the past 10-plus years and has demonstrated exceptional writing ability and the aptitude to handle large and complex discovery productions. Congratulations, Jen.   

Excellence in Administrative Support: Annette Coreno 

Annette is recognized for her positive attitude and willingness to assist whoever calls or walks through the door. Annette manages multiple duties and tasks throughout the day and handles all of her assignments with a pleasant attitude and smile. Congratulations, Annette.   

New Assistant U.S. Attorney Award: Elliot Morrison 

In the few short years that Elliot has been with the Northern District office, he has demonstrated outstanding written and oral advocacy skills, thorough and meticulous approach to case development and prosecution, and has earned numerous convictions and significant trial accomplishments. During 2019, AUSA Morrison worked tirelessly on cases involving public corruption and drug trafficking. AUSA Morrison is a conscientious, dedicated and thorough advocate and deserves recognition by his peers as this year's New Assistant U.S. Attorney award recipient. Congratulations, Elliot.   

New Legal Support Award: Chiquita Bonner 

Chiquita's work ethic and professionalism have earned her this year's New Legal Support award. Chiquita is always ready to say yes to a project, a quick learner, and values her time and others. Chiquita strives to represent the office with professionalism, honesty, and integrity and readily volunteers her time to assist with the planning of events, such as the diversity and outreach programs, holiday events, etc. Congratulations, Chiquita.   

The Jane Corrigan Award: Anthony Myers 

This award recognizes a supportive staff member who is always professional, ready to help others in the performance of their duties, who expresses a "can-do" attitude, and whose demeanor is always engaging. Anthony receives this year's award for going out of his way to assist others, ensuring that his work is professional and error-free, and addressing deficiencies in internal processes. Congratulations, Anthony.   

The Craig Tame Award for Excellence in Community Outreach: Marlon Primes

Marlon is the recipient of the first-ever Craig Tame Award for Excellence in Community Outreach. Marlon is a true leader – both in the office and throughout our community. He has been a champion for Cleveland's youth for several years as he has advanced and supported the Cleveland Metropolitan Bar Association's 3R's program – teaching high school-aged students about their rights and responsibilities as reflected in the U.S. Constitution. Marlon organizes an annual field trip for students to visit the federal courthouse and experience a moot court opportunity. Additionally, he has been a long-standing member of the Office's Diversity and Outreach committee, leading all of us by example. He is described by his peers in many positive ways, including being described as good-natured, exceptionally kind, and "having a heart of gold and the patience of a saint." Congratulations, Marlon.   

Administrative Employee of the Year: Jeff Oleyar 

Jeff receives this year's award for his role in helping the office navigate the information technology challenges posed by remote-working due to the COVID-19 pandemic. Even before the pandemic, Jeff provided the office with knowledgeable, timely, and friendly service and support. Congratulations, Jeff. 

Legal Support Employee of the Year: Rowenda Dellisanti

Rowenda provides outstanding support to all civil Assistant U.S. Attorneys in the Toledo Branch Office. Rowenda is the primary Legal Assistant for two Civil Assistant U.S. Attorneys, provides backup support when necessary, and also supports the bankruptcy and medicare unit, two high-volume areas. Well-organized and meticulous, Rowenda exhibits exceptional skills in all areas of civil litigation support. This includes the difficult and sometimes tedious tasks associated with civil discovery. Congratulations, Rowenda. 

Assistant U.S. Attorney of the Year: Margaret Sweeney 

Margaret Sweeney is this year's Assistant U.S. Attorney of the Year. Margaret's attention and dedication to her work resulted in 77 defendants charged last year, with several of these matters being significant prosecutions resulting from complex, long-term investigations.  

Notable accomplishments in 2019 include:  

•The first trial in this district for a fentanyl analogue under the mandatory minimum statute. It was also then the largest carfentanil seizure with 200 grams of carfentanil found.

•Indicting the leader of a drug trafficking organization that, for at least 10 years, has been trafficking upwards of 200 kilos of cocaine into the Northern District.

In 2019, Margaret was selected to be the lead Strike Force attorney for the newly created Cleveland Strike Force. In addition, she coordinates the summer intern program and mentors new Assistant U.S. Attorneys. Her colleagues describe Margaret as motivating, thoughtful and keenly observant of details. Congratulations, Margaret.

U.S. Attorney Justin Herdman announced today that the Jordan Community Resource Center in Cleveland Heights has been awarded $497,661 from the Department of Justice’s Office of Justice Programs and its component, the Office for Victims of Crime, to provide safe, stable housing and appropriate services to victims of human trafficking in Northern Ohio. 

“Human trafficking is a barbaric criminal enterprise that subjects its victims to unspeakable cruelty and deprives them of the most basic of human needs, none more essential than a safe place to live,” said Attorney General William P. Barr. “Throughout this Administration, the Department of Justice has fought aggressively to bring human traffickers to justice and to deliver critical aid to trafficking survivors. These new resources, announced today, expand on our efforts to offer those who have suffered the shelter and support they need to begin a new and better life.”

“In addition to combating the threat and harm posed by human trafficking, the Justice Department is committed to providing much-needed resources and assistance to victims,” said U.S. Attorney Justin Herdman. “These funds announced today will help our partners provide victims with necessities such as housing and utilities assistance, occupational training and counseling."

The grant, awarded to the Jordan Community Resource Center, will provide six to 24 months of transitional or short-term housing assistance for trafficking victims, including rental, utilities or related expenses, such as security deposits and relocation costs. The grant will also provide funding for support needed to help victims locate permanent housing, secure employment, as well as occupational training and counseling. The Jordan Community Resource Center is one of 73 organizations receiving more than $35 million in OVC grants to support housing services for human trafficking survivors.

“Human traffickers dangle the threat of homelessness over those they have entrapped, playing a ruthless game of psychological manipulation that victims are never in a position to win,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These grants will empower survivors on their path to independence and a life of self-sufficiency and hope.”

Human trafficking offenses are among the most difficult crimes to identify, and the scope of human trafficking victimization may be much greater than the limited data reflect. A new report issued by the National Institute of Justice, another component of the Office of Justice Programs, found that the number of human trafficking cases captured in police reports may represent only a fraction of all such cases. Expanding housing and other services to trafficking victims remains a top Justice Department priority.

The Office for Victims of Crime, for example, hosted listening sessions and roundtable discussions with stakeholders in the field in 2018 and launched the Human Trafficking Capacity Building Center. From July 2018 through June 2019, 118 OVC human trafficking grantees reported serving 8,375 total clients including, confirmed trafficking victims and individuals showing strong indicators of trafficking victimization.

For a complete list of individual award amounts and jurisdictions that will receive funding, visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/htvictimsfactheet.pdf

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

United States Attorney Justin Herdman and Special Inspector General for Pandemic Recovery Brian D. Miller announced today that the U.S. Attorney’s Office for the Northern District of Ohio has entered into a Memorandum of Understanding (MOU) with the Office of the Special Inspector General for Pandemic Recovery (SIGPR).

“This partnership will help our office move quickly to identify and prosecute scammers and fraudsters attempting to use this pandemic to exploit others,” said U.S. Attorney Justin Herdman. “I’m grateful for the work of SIGPR in the Northern District of Ohio and look forward to continued success through this partnership.”

The purpose and mission of the MOU is to develop a cooperative effort to investigate and prosecute matters involving the making, purchase, management, and sale of loans, loan guarantees, and other investments made by the Secretary of the Treasury under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020, and the management by the Secretary of the Treasury of any program established under the CARES Act, in order to achieve just results while using all criminal and civil resources most efficiently.

“I look forward to working with United States Attorney Justin Herdman and his team in the Northern District of Ohio to identify fraud, waste and abuse of the money provided under the CARES Act,” said Brian D. Miller, Special Inspector General for Pandemic Recovery. “We will bring to justice those who would steal CARES Act money, and recover money for the taxpayers. Taxpayers should expect nothing less.”

The MOU outlines four objectives: 1) To provide a coordinated response to CARES Act funding fraud, with an emphasis on organized criminal activity, as well as criminal and civil fraud affecting federal money, vulnerable victims, and fraud recidivists; 2) To facilitate legal process, case intake, and swift prosecution of CARES Act-related fraud; 3) To link and associate isolated CARES Act-related complaints with larger schemes and related unlawful activity; and 4) To deter future CARES Act funding fraud through an enhanced awareness of successful criminal prosecution and civil enforcement against individuals and companies involved in CARES-related financial fraud.

Assistant U.S. Attorney Gene Crawford will serve as liaison to the NDOH-SIGPR partnership and will be assigned specifically to SIGPR investigations and prosecutions.

The MOU also calls for the Northern District to create a streamlined, accelerated process for SIGPR investigations to obtain needed preliminary legal processes, including grand jury subpoenas and court orders, subpoenas, and civil investigative demands.

The Department of Justice’s Civil Rights Division and the United States Attorney’s Office for the Northern District of Ohio announced today a settlement agreement with the Toledo Public Schools to address and prevent discriminatory discipline of students based on race or disability and to require appropriate language services for limited English proficient (LEP) parents on matters essential to their children’s education. 

The agreement follows a federal civil rights investigation into complaints of discriminatory treatment of African-American students and students with disabilities in school suspensions, expulsions, and referrals to law enforcement agencies.  The Department also investigated allegations concerning the district’s communications with parents and guardians with language barriers.  The school district cooperated fully throughout the investigation, which was conducted under Title IV of the Civil Rights Act of 1964, Title II of the Americans with Disabilities Act (ADA), and the Equal Educational Opportunities Act of 1974. 

“Discrimination against students because of their race or disability has no place in our country’s public schools,” said Assistant Attorney General Eric Dreiband.  “A student’s race or disability should never mean receiving harsher punishment in school.  Such practices are unfair and unlawful, and they deny students equal access to the educational opportunities that are critical to success in school and beyond.  We look forward to continuing to work with the Toledo Public Schools to implement this settlement and fulfill its promise of equal treatment for all of the district’s students.” 

“Federal law does not allow schools to discipline students because of their race or disability or to deny access to essential school-related information to parents and guardians with language barriers,” said Justin Herdman, the U.S. Attorney for the Northern District of Ohio.  “We applaud the district for its cooperation during our investigation and for its commitment to ensure that students are not denied learning opportunities because of their race, disability, or national origin.  We look forward to working cooperatively with Toledo Public Schools to implement this agreement, as the district puts in place behavioral supports and services to increase opportunities for student learning.”

Under the settlement agreement, the district will take proactive steps to ensure its discipline practices do not discriminate against students based on race or disability.  The district will, among other things, regularly review how schools handle discipline incidents to ensure non-discriminatory treatment, expand its use of positive behavior supports, and provide appropriate training and resources to help schools implement the agreement, including training for teachers, administrators, and school safety officers.  In addition, for parents and guardians with language barriers, the district will ensure it communicates essential school-related information in a language that they understand so their children can access the district’s instructional programs.

This month marks the 30th anniversary of the ADA.  Enforcement of Title II of the ADA in schools, Title IV of the Civil Rights Act, and the Equal Educational Opportunities Act are top priorities of the Civil Rights Division of the Justice Department. 

Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at https://www.justice.gov/crt/educational-opportunities-section.

Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/

The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Ohio today announced a settlement agreement with the Toledo Public Schools to address and prevent discriminatory discipline of students based on race or disability and to require appropriate language services for limited English proficient (LEP) parents on matters essential to their children’s education.  

The agreement follows a federal civil rights investigation into complaints of discriminatory treatment of African-American students and students with disabilities in school suspensions, expulsions, and referrals to law enforcement agencies. The department also investigated allegations concerning the district’s communications with parents and guardians with language barriers. The school district cooperated fully throughout the investigation, which was conducted under Title IV of the Civil Rights Act of 1964, Title II of the Americans with Disabilities Act (ADA), and the Equal Educational Opportunities Act of 1974.

“Discrimination against students because of their race or disability has no place in our country’s public schools,” said Assistant Attorney General Eric Dreiband. “A student’s race or disability should never mean receiving harsher punishment in school. Such practices are unfair and unlawful, and they deny students equal access to the educational opportunities that are critical to success in school and beyond. We look forward to continuing to work with the Toledo Public Schools to implement this settlement and fulfill its promise of equal treatment for all of the district’s students.” 

“Federal law does not allow schools to discipline students because of their race or disability or to deny access to essential school-related information to parents and guardians with language barriers,” said Justin Herdman, the U.S. Attorney for the Northern District of Ohio. “We applaud the district for its cooperation during our investigation and for its commitment to ensure that students are not denied learning opportunities because of their race, disability, or national origin. We look forward to working cooperatively with Toledo Public Schools to implement this agreement, as the district puts in place behavioral supports and services to increase opportunities for student learning.”

Under the settlement agreement, the district will take proactive steps to ensure its discipline practices do not discriminate against students based on race or disability. The district will, among other things, regularly review how schools handle discipline incidents to ensure non-discriminatory treatment, expand its use of positive behavior supports, and provide appropriate training and resources to help schools implement the agreement, including training for teachers, administrators, and school safety officers. In addition, for parents and guardians with language barriers, the district will ensure it communicates essential school-related information in a language that they understand so their children can access the district’s instructional programs.     

This month marks the 30th anniversary of the ADA. Enforcement of Title II of the ADA in schools, Title IV of the Civil Rights Act, and the Equal Educational Opportunities Act are top priorities of the Civil Rights Division of the Justice Department. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at https://www.justice.gov/crt/educational-opportunities-section.  Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/.

United States Attorney Justin Herdman announced today that a federal grand jury sitting in Cleveland has returned a 19-count indictment charging Amie Demming, age 44, of Strongsville, Ohio; John Panuto, age 60, of Avon Lake, Ohio; Debra Adamson, age 67, of Spring Hill, Tennessee; Ashley Nichole Adamson, age 34, of Las Vegas, Nevada; William Adamson, age 38, of Las Vegas, Nevada; Daniel Gwin, age 43, of Lakewood, Ohio; Brent Smith, age 45, of Willoughby, Ohio; and Walter O’Malley, age 39, of Brunswick, Ohio with conspiracy to commit mail and wire fraud, mail fraud, wire fraud, aggravated identity theft, conspiracy to defraud the United States, and failure to maintain adequate records.

“These defendants are accused of subverting a process that ensures pharmaceutical drugs are safe and effective for public consumption,” said U.S. Attorney Justin Herdman. “By doing so, and for the sole purpose of making more money for themselves, these defendants jeopardize the health and safety of the public.”

According to the indictment, from January 2013 to March 2018, the defendants are alleged to have participated in a scheme to defraud eight pharmaceutical companies and the U.S. Food and Drug Administration.  Defendant Amie Demming founded a clinical research company in 2008 to conduct trials on behalf of various pharmaceutical companies. The office had locations in Middleburg Heights, Ohio and Franklin and Smyrna, Tennessee. Defendant John Panuto was a licensed medical doctor and the Principal Investigator for the research company at the Middleburg Heights Office and was responsible for the oversight of most clinical trials conducted at that office.

The defendants and their co-conspirators are alleged to have entered into agreements with these pharmaceutical companies, or sponsors, to conduct clinical trials of pharmaceutical drugs for public consumption. In order to perform these trials accurately, the research company was required to meet all applicable FDA regulations and other standards set by the sponsoring agencies.

The defendants are alleged to have subverted these requirements by enrolling subjects in clinical trials under fictitious names, enrolling past subjects without their knowledge, and enrolling other subjects who did not meet pre-established criteria.  In addition, the defendants allegedly fabricated and falsified medical records, informed consent forms, and other documentation for fictitious study subjects.

Court documents show that defendants were able to enrich themselves in this scheme by billing the sponsoring agencies for the time and participation of these fictitious subjects.

As part of their scheme, the defendants are accused of circumnavigating the FDA’s oversight of clinical studies. In response to complaints from sponsoring agencies, the FDA conducted an investigation into the research company and found that Panuto had violated certain clinical trial criteria, such as failure to conduct studies in accordance with signed statements and failure to maintain adequate records.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant's sentence will be determined by the Court after review of factors unique to this case, including the defendant's prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The investigation preceding the indictment was conducted by the Food and Drug Administration, Office of Criminal Investigations.  The case is being prosecuted by Assistant U.S. Attorney Megan R. Miller.

United States Attorney Justin Herdman announced today that Operation Legend, a sustained, systematic and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime, will be expanding into the city of Cleveland.

“Today we are announcing that Operation Legend has come to Cleveland,” said U.S. Attorney Justin Herdman. “Operation Legend is the best of what we do every day. It’s federal, state and local law enforcement partnerships – working side-by-side, on long-term investigative efforts to deliver safety and security for the residents of Cleveland. I want to thank Mayor Jackson and Police Chief Calvin Williams for their partnership as well as the various federal and state agencies that make this initiative possible.”

“The City of Cleveland will continue to partner with federal law enforcement agencies to combat violent crime in our neighborhoods within the realm of constitutional policing,” said Mayor Jackson.  “Residents and their families have a right to feel safe and be safe in their own communities. Coordinated efforts between local, state and federal law enforcement agencies will allow us to more effectively address and reduce violent crimes in Cleveland neighborhoods to build a safer Cleveland for all.”

Operation Legend is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early on the morning of June 29 in Kansas City. The operation was first launched on July 8 in Kansas City, Missouri, and expanded on July 22, 2020, to Chicago and Albuquerque. Today, the expansion of Operation Legend was announced in Cleveland, Detroit, and Milwaukee.

As part of Operation Legend, Attorney General Barr directed the FBI, U.S. Marshals Service, DEA, and ATF to significantly increase resources into Cleveland, Detroit, and Milwaukee in the coming weeks to help state and local officials fight high levels of violent crime, particularly gun violence. Cleveland is currently experiencing a significant increase in violent crime, with homicides up more than 13% and shootings up over 35% over 2019.

“We, the US Marshals, have a long-standing partnership with the Cleveland Division of Police, the Cuyahoga County Sheriffs Department, Ohio State Highway Patrol and the Ohio Adult Parole in apprehending violent fugitives,” said Assistant Chief of the U.S. Marshals, Assistant Chief Brian Fitzgibbon. “Operation Legend will build upon these strong relationships and strengthen our commitment to protect and serve the citizens of the City of Cleveland and surrounding areas.”

During a press conference to announce the expansion of Operation Legend, FBI Special Agent in Charge Eric Smith announced that as part of the initiative, a reward of up to $25,000 would be made available for information leading to the identification and arrest of the individual responsible for the carjacking and homicide of Eric Hakizimana.

"Someone knows who shot and killed 17-year-old Eric Hakizimana,” said FBI Special Agent in Charge Eric Smith. “The community and law enforcement must continue to work together to hold murderers accountable for taking our loved ones away.  Operation Legend allows the FBI to offer a $25,000 reward for information leading to the successful identification and prosecution of the shooter.  The FBI will continue to work collaboratively with our partners on all violent crime matters to ensure a safer community."

In the city of Cleveland, the Department of Justice will supplement state and local law enforcement agencies by sending more than 25 federal investigators from the FBI, DEA, and ATF to the city. Under the leadership of U.S. Attorney Justin Herdman, these investigators will complement the work already underway by existing joint federal, state and local task forces focused on combatting violent gangs, gun crime, and drug trafficking organizations. 

The Bureau of Justice Assistance will make available $1 million to support Operation Legend’s violent crime reduction efforts in Cleveland, and the COPS Office has also made almost $8 million available to fund the hiring of 30 Cleveland Police officers, five Ohio State Highway Patrol troopers, and four Adult Parole Authority officers.

The Department of Justice has also provided assistance through the Joint Law Enforcement Operations (JLEO) fund to assist reimbursement of local law enforcement serving as federal task force officers with FBI, ATF, DEA, and the U.S. Marshals Service.  Each Operation Legend city will receive $100,000 from ATF to help local agencies defray costs associated with installing or maintaining shot detection technology.

United States Attorney Justin Herdman announced today that a federal grand jury sitting in Cleveland has returned a five-count indictment charging Dominic Lacroix, age 38, Yan Ouellet, age 36, and Sabrina Paradis-Royer, age 26, all of Quebec, Canada, with conspiracy to commit securities fraud and wire fraud, wire fraud, and conspiracy to commit money laundering.

"While technologies and the means to make investments may change, one thing remains constant – securities fraud ruins lives and deprives victims of their hard-earned money and savings," said U.S. Attorney Justin Herdman. "Digital currencies are a new type of investment, and just like with traditional securities, you should take the time to research and know exactly what you're getting into before making any type of investment."

"This investigation highlights the specialized skills of FBI Cleveland's Midwestern Cryptocurrency Task Force in addressing matters involving cryptocurrency," said FBI Special Agent in Charge Eric B. Smith. "FBI Cleveland and its task force partners are committed to ensuring new and evolving financial technology is not used as a license to steal and evade scrutiny by law enforcement."

According to the indictment, from May 2017 to December 2017, the defendants conspired together to induce investors to purchase PlexCoin, a cryptocurrency offered through an entity known as PlexCorps. The cryptocurrency would become available to investors during an ICO or Initial Coin Offering. The defendants intended to use the ICO as a way to defraud investors and enrich themselves.

To carry out their alleged scheme, the defendants and their co-conspirators marketed and promoted PlexCorps and the PlexCoin ICO to the public, including investors within the Northern District of Ohio, via social media and publicly accessible Internet websites.

The indictment states that the defendants made numerous false claims about PlexCorps and PlexCoin in order to obtain digital and fiat currency from investors, including that PlexCorps' management consisted of a global "team" of financial, managerial and other subject-matter experts headquartered in Singapore; the proceeds of the PlexCoin ICO would be used to develop other PlexCorps products; and that investors would receive significant returns for their initial investment. The defendants are also alleged to have omitted certain materials facts about the ownership and operations of PlexCorps to conceal their true intent.

According to the indictment, around June 2017, PlexCorps began promoting PlexCoin to the public as a new digital cryptocurrency that would be available through an upcoming ICO. Around August 2017, PlexCorps published a whitepaper for PlexCoin entitled "PlexCoin: The Next Cryptocurrency" ("Whitepaper"), which was available for review on the internet by potential investors. This Whitepaper contained numerous false claims, including that some investments in PlexCoin could result in a 1,354% return.

This Whitepaper explained that funds raised through the PlexCoin ICO and pre-sale would be used to further the maintenance and development of PlexCoin and, later on, allow for PlexCorps to offer additional products and services for sale.

Investors were permitted to begin investing in PlexCoin in August of 2017. During the ICO, investors purchased PlexCoin using a variety of methods, including digital currency, such as Bitcoin, Ether and Litecoin, to wallet addresses on a blockchain.  Investors also tendered fiat currency, including USD and Canadian dollars (CAD), and provided credit card information through payment portals available on the PlexCoin website or through U.S.-based online payment processors such as PayPal, Square, or Stripe.

The indictment states that the first transfer of PlexCoin occurred in August of 2017, and the PlexCoin ICO continued through October of 2017.  Court documents show that the defendants and their co-conspirators regularly transferred investor funds from the PlexCoin ICO into fiat currency accounts, and cryptocurrency addresses belonging to themselves for the purpose of daily living expenses and home renovation products. Investors purchased approximately $8,000,000 USD worth of PlexCoin throughout the ICO.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant's sentence will be determined by the Court after review of factors unique to this case, including the defendant's prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This investigation was conducted by the Cleveland Division of the FBI and is being prosecuted by Assistant U.S. Attorney Megan Miller.

United States Attorney Justin Herdman announced today that a federal grand jury sitting in Cleveland has returned a six-count indictment charging Andrew V. Thomas, age 34, of Maple Heights with three counts of wire fraud and three counts of aggravated identity theft.

“The defendant is alleged to have used his position to access the sensitive financial information of his elderly victims,” said U.S. Attorney Justin Herman, “Robbing our community’s elderly members of their hard-earned life savings ruins trust and lives. The Department of Justice takes allegations and cases of elder fraud very seriously and will prosecute them to their fullest extent.”

According to the indictment, from November 2018 to November 2019, the defendant was employed as a Call Center Representative for an insurance company in Cleveland, Ohio. The defendant’s responsibilities included speaking with clients and their agents about annuities, updating client bank account information, and processing withdrawal transactions. 

During this time, the defendant allegedly devised a scam to defraud three elderly victims by transferring money from his victim’s annuities into personal bank accounts. Court documents state that Victim 1 is an 84-year-old woman in Avon, Connecticut; Victim 2, an 83-year woman with dementia in Philadelphia, Pennsylvania; and Victim 3, a 96-year-old woman and a resident of Metairie, Louisiana were all part of the defendant’s fraud. Victim 1, Victim 2’s power of attorney, and Victim 3 all called the defendant to inquire about a policy-related matter.  The defendant spoke to all of the victims and had access to their accounts.

The defendant would then use the company’s computer system to make unauthorized transfers from the annuities of Victim 1, Victim 2, and Victim 3 into the defendant’s personal bank accounts. As a result of the unauthorized transfers, Victim 1, Victim 2, and Victim 3 suffered a total loss of approximately $62,600.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

The investigation preceding the complaint was conducted by the Federal Bureau of Investigation, Cleveland Division.  The case is being prosecuted by Assistant U.S. Attorney Brian McDonough.

Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors.  In particular, in March 2020, the department announced the largest elder fraud enforcement action in American history, charging more than 400 defendants in a nationwide elder fraud sweep.  The department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.  For more information about the Elder Justice Initiative, please visit https://www.justice.gov/elderjustice.

If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311).  This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps.  Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis.  Reporting is the first step.  Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses.  The hotline is staffed 7 days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.

Justin Herdman, United States Attorney for the Northern District of Ohio, announced today that a federal grand jury sitting in Cleveland has returned a eighteen-count indictment charging Joseph A. Cipolletti, age 45, of Hudson, with wire fraud, money laundering, bank fraud, and making a false statement under oath.

“This defendant is accused of embezzling thousands of dollars from hardworking Northeast Ohio families, intended to provide their children and students with meaningful educational experiences, for his own personal use – such as buying vehicles and backyard renovations,” said U.S. Attorney Justin Herdman. “As a result of the defendant’s alleged actions, his place of business was forced into bankruptcy, and our community’s schoolchildren were deprived of invaluable experiences and memories.”

“The fraud perpetrated by Mr. Cipolletti stole money from hardworking families and school districts.  The scheme deprived students of annual trips that have become a tradition and provide a lifetime of memories,” said FBI Special Agent in Charge Eric B. Smith. “Great work by partner agencies including the Summit County Prosecutor’s Office, the Geauga County Prosecutor’s Office, and Ohio BCI, laid the initial groundwork for the FBI and the USAO to obtain this federal indictment.  We will continue to work with partners throughout Northeast Ohio to seek justice for the communities we serve.”

“When these families paid for a trip, fraud wasn’t on the itinerary,” said Ohio Attorney General Dave Yost. “This business owner didn’t keep his word, so now his next destination will be the courthouse.”

“This individual is a typical con man,” said Cuyahoga County Prosecutor Michael O’Malley. “He took money from parents and never intended on fulfilling his obligations.”

“Thank you to U.S. Attorney Justin Herdman and his office and the FBI for their thorough investigation,” said Summit County Prosecutor Sherri Bevan Walsh. “My office began an investigation into this conduct over two years ago. My hope is those responsible for taking money from local families and depriving students of a once-in-a-lifetime trip will be held accountable.”

According to the indictment, Cipolletti was employed as Vice President of Discovery Tours, Inc., a business located in Mayfield Village, Ohio, that offered educational trips for grade school and high school students to destinations such as Washington, D.C., Chicago, Illinois, New York City, New York, Columbus, Ohio, and Gettysburg, Pennsylvania. These trips took place via coach bus and included transportation, hotel accommodations, meals, sightseeing admissions, and security.  The defendant’s responsibilities included managing the organization’s finances, cash withdrawals, general ledger entries, accounts payable, accounts receivable, payroll, taxes and the defendant had signature authority on the business bank accounts.

According to court documents, from June 2014 to May 2018, the defendant is alleged to have devised a scheme to divert payments intended for these trips for personal use. The defendant defrauded parents, other student trip purchasers, and embezzled funds meant for school trips on items such as home renovations and personal vehicles. Overall, the defendant is alleged to have embezzled approximately $609,942 from his place of business.

The defendant allegedly took many actions to further his scheme, including making multiple false entries in the Discovery Tours general ledger claiming embezzled funds were trip-related expenses, forging an email to a hotel vendor claiming that the business suffered a loss of $236,022.27 due to a hacked account, paying vendors for previous student trips with deposits from future trips, and obtaining high-out interest loans to conceal his actions. The high interest on these loans ultimately led to Discovery Tours eventual bankruptcy filing.

In one instance, according to the indictment, on or about May 19, 2016, a hotel vendor sent the defendant an email stating that payment for a previous school trip had not been made and was overdue. The hotel vendor informed the defendant that because of this delay in payment, the business would be required to prepay for future events.  The hotel vendor advised the defendant that payment in full for the hotel accommodations was not received by a specific time and date, then the next student group would not be permitted to check-in. 

On or about May 21, 2016, knowing that his organization’s business account did not have sufficient funds, the defendant issued five checks totaling $72,540, payable to the hotel, and had an employee travel in interstate commerce from Ohio to Virginia to hand deliver the checks to the hotel.  All the checks were returned for insufficient funds.

That indictment states that as a result of the defendant’s actions, on May 7, 2018, Discovery Tours abruptly ended operations and filed for bankruptcy in United States Bankruptcy Court for the Northern District of Ohio. Student trips to Washington, D.C. were cancelled for dozens of schools across Ohio and more than 5,000 families lost the money they had previously paid for trip fees.

Furthermore, on December 10, 2018, in the United States Bankruptcy Court for the Northern District of Ohio, the defendant is alleged to have knowingly made statements under oath in and in relation to his organization’s bankruptcy status. The defendant claimed that he did not owe his business any money, when in fact, and as he then knew, the defendant embezzled $609,942 from his place of business and made false entries in the general ledger.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The investigation was conducted by the Cleveland Division of the FBI and Akron Resident Agency. The U.S. Attorney’s Office for the Northern District of Ohio would like to acknowledge and thank the Ohio Bureau of Criminal Investigations and the Summit County, Geauga County, and Cuyahoga County Prosecutor Offices for their cooperation with this matter. This case is being prosecuted by Assistant U.S. Attorney Brian McDonough.

Justin Herdman, United States Attorney for the Northern District of Ohio, announced today that a federal grand jury sitting in Cleveland has returned a two-count indictment charging Tandre Buchanan, Jr., age 22, of Cleveland, with one count of interference with commerce by means of robbery and one count of tampering with evidence.

“This indictment is part of the Department of Justice’s commitment to identify, arrest and prosecute those who participated in the widespread looting and damaging of downtown Cleveland on May 30th,” said U.S. Attorney Justin Herdman. “As I’ve said all along in this process, where we have jurisdiction, federal charges will be brought against those who abused a constitutionally-protected assembly to commit acts of destruction and violence in the downtown Cleveland neighborhood.”

“The right to engage in peaceful protest is a cornerstone of our Republic and the United States Constitution,” said FBI Special Agent in Charge Eric B. Smith. “The FBI will continue to work with our state and local partners and protect our citizen’s right to protest peacefully, but we will not let those who engaged in violence and destruction to go unchecked.”

According to the indictment, on or about May 30, 2020, the defendant did and aided and abetted others in the unlawful obstruction of commerce by means of robbery.  The defendant is accused of obtaining property in the custody, possession, and presence of Colossal Cupcakes employees in downtown Cleveland. The defendant did so against the will of the employees by means of actual and threatened force, violence, and fear of immediate injury.

Furthermore, the defendant is alleged to have tampered with evidence by disposing of the clothing that he wore during the commission of these offenses. The indictment states that the defendant did so with the intention of impairing the use and availability of the object in an official proceeding.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation.

In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

The investigation preceding this indictment was conducted by the FBI with the help of the Cleveland Police Department. This case is being prosecuted by Assistant United States Attorney Scott C. Zarzycki.

U.S. Attorney Justin Herdman announced today that a federal grand jury sitting in Cleveland, Ohio, has returned a 13-count indictment charging four sitting Toledo City Council members and one local attorney for their participation in a bribery and extortion scheme that encouraged soliciting and accepting cash, checks, money orders, or other things of value from local business owners in exchange for their votes on City Council.

“Today’s indictment is the next step in the process of ensuring accountability and maintaining the public’s trust in its elected officials in the city of Toledo,” said U.S. Attorney Justin Herdman. “Let this indictment serve as a reminder to all who seek to exploit their elected positions for personal enrichment – the public deserves better and we, the Department of Justice, will work day in and day out to ensure that the public’s interests are protected.”

"Elected officials are elected by the people, to serve the people, not to serve their own financial self-interest,” said FBI Special Agent in Charge Eric B. Smith.  “The FBI will continue efforts to root out public corruption so citizens can have faith and trust in their public officials.”

Tyrone Riley, age 64, of Toledo, was indicted on one count of Hobbs Act conspiracy and five counts of Hobbs Act extortion under color of official right.

Yvonne Harper, age 71, of Toledo, was indicted on one count of Hobbs Act conspiracy, two counts of Hobbs Act extortion under color of official right and one count of conspiracy to commit extortion.

Garrick “Gary” Johnson, age 66, of Toledo, was indicted on one count of Hobbs Act conspiracy and two counts of Hobbs Act extortion under color of official right.

Larry Sykes, age 71, of Toledo, was indicted on one count of Hobbs Act conspiracy and two counts of Hobbs Act extortion under color of official right.

Keith Mitchell, age 69, of Toledo, was indicted on one count of Hobbs Act conspiracy and two counts of Hobbs Act extortion under color of official right.

According to the criminal complaint, in early 2018, the FBI began to investigate four Toledo City Council members and one attorney for soliciting monetary payments or other things of value from local business owners in exchange for their votes on City Council. In addition, Councilwoman Harper was investigated for an extortion attempt on a local business.

Read more on this case here: “Five charged in Toledo City Council bribery and extortion scheme”.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

This case was investigated by the Cleveland Division of the FBI and is being prosecuted by Assistant U.S. Attorney Michael Freeman. 

U.S. Attorney Justin Herdman announced today that an information charge was filed against Melvin Lee Jackson, age 18, of Youngstown, Ohio. Jackson is charged with 3-counts of interference with commerce by means of robbery and 2-counts using or carrying, and brandishing a firearm during and in relation to a crime of violence. 

According to court documents, from December 17 to December 21, 2019, Jackson is alleged to have committed a series of armed robberies at various locations in the Youngstown, Struthers and Boardman areas.

On December 17, 2019, Jackson and other suspects allegedly entered a Speedway in Boardman and then held the store employees at gunpoint and demanded money. The employees complied, and Jackson took approximately $381.00.

On December 19, 2019, Jackson and other suspects allegedly entered a Subway in Youngstown and then held the store employees at gunpoint and demanded money. The employees complied, and Jackson took approximately $381.00.

On December 21, 2019, Jackson and other suspects allegedly entered a Kwik Fill in Struthers and then held the store employees at gunpoint and demanded money. The employees complied, and Jackson took approximately $3,400.00 in cash and lottery tickets valued at $261.00.

An information charge is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offenses and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The investigation preceding the indictment was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis

U.S. Attorney Justin Herdman announced today that a four-count indictment was unsealed in the Northern District of Ohio charging six men with conspiracy to engage in sexual exploitation of children, sexual exploitation of children, conspiracy to receive visual depictions of minors engaged in sexually explicit conduct and conspiracy to access with intent to view child pornography.

Named in the indictment are David Pece, age 30, of Highland Heights, Ohio; Myron Brown, age 59, of Columbia, South Carolina; Mark Delacruz, age 31, of Temple City, California; Steven Foster, age 45, of Portsmouth, Ohio; Richard Avery, age 52, of Safford, Arizona and Ethan Shives, age 30, of Big Pool, Maryland.

According to the indictment, from November 2015 through March 2016, the defendants worked together in a group, and with others, to convince minor victims to engage in sexually explicit conduct online. Allegedly, this conduct was often preformed via webcam so that the defendants could record and view the material.

The indictment states that the defendants conspired together online with the intent to lure their minor victims into one or more chatroom-based websites. Once the minors visited these chatroom-based websites, the defendants and others would entice the victims to engage in sexually explicit acts, which they would then record.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

The investigation preceding the indictment was conducted by agents with the Detroit Division of the FBI. This case is being prosecuted by Assistant U.S. Attorney Michael A. Sullivan and Assistant U.S. Attorney Kathryn Gaughan Andrachik.

U.S. Attorney Justin Herdman announced that 10 individuals were arrested and charged in a multi-count indictment today for their involvement in a conspiracy to distribute and possess crack cocaine, cocaine and oxycodone throughout the Elyria, Ohio area.

These 10 individual are Terrence Bowens, 44; Cedric Green, 34; Marcus Harder, 36 of Elyria; James Milton Jr; Lavar Thornton, 42; James Robinson, 46; Randy Glover, 44; Harold Kimbro, 46; Kavis Roberts, 43; and Melanie Grantham, 57, all of Elyria, Ohio.

“Drug dealers and others criminal have long targeted Lorain County as an area to exploit and sell their deadly product,” said U.S. Attorney Justin Herdman. “Since 2018, as part of Operation SOS, we have committed to assisting our state and local partners by federally prosecuting any fentanyl or opioid trafficking offense from Lorain County.  Today’s arrests send a strong message – if you deal dope in Lorain County, you will face a federal prosecution.”

“These arrests and charges are a reminder drug traffickers have little regard for human life,” said DEA Special Agent in Charge Keith Martin. “DEA remains committed to working with our law enforcement partners to rid our communities of illicit drugs and to prosecute those who look to profit from criminal activity.”

According to the indictment, from January 2018 to July 2020, the defendants worked together to distribute at least 280 grams of a substance containing crack cocaine, 500 grams of a substance containing cocaine and a mixture and substance containing a detectable amount of oxycodone throughout the Elyria, Ohio area. Allegedly, defendants Bowens and Green would purchase large quantities of cocaine from an individual and would then redistribute it to the other narcotics traffickers in the area. 

Court documents state that defendants Bowens and Green used cellular devices to communicate and conduct their operations and used a residence on Foster Avenue in Elyria to store, cook, and distribute crack cocaine and oxycodone. Furthermore, the indictment alleges that Bowens and Green would conduct counter-surveillance of law enforcement in the area and shared information with each other on law enforcement presence. 

Terrence Bowens has a previous 1st-degree felony conviction for drug trafficking from 2013 in the Lorain County Common Pleas Court.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

The investigation was conducted and aided by the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Elyria Police Department, the Lorain County Sheriff’s Department and the Lorain County Prosecutors Office.  The case is being prosecuted by Assistant United States Attorneys Vasile C. Katsaros and Robert F. Corts.

Lorain County is one of 10 communities around the nation that is part of Operation Synthetic Opioid Surge (S.O.S). This initiative ensures that cases involving heroin, fentanyl and any synthetic opioids are prosecuted in federal court.  

 Justin Herdman, U.S. Attorney for the Northern District of Ohio, announced today that Ryan Driscoll, age 48, of Aurora, was sentenced to three years of probation and ordered to forfeit $628,950.00 in cash seized during a search warrant and pay $208,693.00 to the IRS as restitution after entering a plea of guilty on January 15, 2020, to running an illegal sports gambling business with others, laundering the proceeds and filing a false income tax return.

“Not only did this individual try to enrich himself illegally, but he also attempted to avoid paying taxes on these ill-gotten proceeds in order to further profit and conceal his crimes,” said U.S. Attorney Justin Herdman. “This substantial forfeiture and restitution reflect the nature and great lengths that Driscoll went to avoid paying his duly owed income taxes.” 

“Individuals are required to pay taxes on all sources of income, even income earned from illegal gambling,” said Bryant Jackson, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “Ryan Driscoll also attempted to launder the profits from his offshore illegal gambling business, but the IRS followed the money trail, which was vital to dismantling his criminal conduct.”

According to court documents, from July 2015 to August 2019, Driscoll operated as a bookmaker for his clients and provided them with access to offshore sports gambling websites. The websites allowed Driscoll’s clients to place bets on sporting events and track wins and losses and monies due. Driscoll paid out winnings and collected losses locally. During this time, Driscoll concealed the fact that the majority of his income came from the illegal gambling business and hid the proceeds as large bundles of cash in $10,000 increments in his home.

In 2019, Driscoll made a payment for membership at “The Mayfield Sand Ridge Club” country club using the proceeds from the illegal gambling business. This transaction was designed to conceal and disguise the nature and source of the illegal funds. Between 2014 and 2017, Driscoll also deposited approximately $167,827.00 in cash into his personal bank accounts and used an additional $197,879.00 in cash and money orders to make payments on vehicles and his country club membership.

For the tax years 2014 through 2017, Driscoll underreported his income by approximately $825,323.00, which resulted in additional tax due and owing of approximately $208,693.00. In 2018, Driscoll knowingly submitted a false income tax return that grossly underreported his income and failed to disclose proceeds made from the illegal gambling business.

This case was investigated by the IRS-Criminal Investigation and U.S. Secret Service. This case was prosecuted by Assistant U.S. Attorneys Alex A. Abreu, Robert E. Buford and James L. Morford and former U.S. Attorney Carmen E. Henderson.

Justin Herdman, U.S. Attorney for the Northern District of Ohio, announced today that Amin M. Salem, age 61, of Westlake, was sentenced to 33-months imprisonment after entering a plea of guilty to money laundering, unpermitted discharged into a waterway of the United States, and the slaughter of animals for commercial use without a permit on December 17, 2019. According to court documents, Amin Salem operated an unregulated slaughterhouse in Elyria and polluted a stream by dumping animal blood and other fluids. Salem then laundered the profits from the illegal slaughterhouse operation at Cleveland-area gas stations. 

"Salem's blatant disregard for the rules and regulations governing our food and water supply put the health of countless people at risk, all so he could make a quick profit," said U.S. Attorney Justin Herdman. "These actions, combined with his admitted money laundering activities, all show that Salem's sentenced was earned and justified."

“Amin Salem attempted to conceal the profits from the illegal sale of lamb through his legitimate gas station bank accounts, but the financial expertise of IRS Criminal Investigation and the joint investigative efforts of our federal, state and local counterparts unraveled this money laundering scheme,” said Bryant Jackson, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.

“The defendants blatantly disregarded environmental laws by discharging animal waste directly into a local stream,” said Special Agent in Charge Jennifer Lynn of EPA’s criminal investigation program in Ohio. “This sentencing demonstrates that EPA and its law enforcement partners will not tolerate actions that endanger communities and natural resources.”

According to the indictment, from September 2014 through March 2016, Salem owned two properties in Elyria, Ohio where he, and others, slaughtered animals for commercial sale and personal consumption without any licenses or permits. As part of the slaughterhouse operation, Salem discharged blood and other bodily fluids into Engle Ditch, a waterway that emptied into Beaver Creek and Lake Eire. In total, Salem slaughtered at least 400 lambs or goats weighing approximately 25,000 pounds.

From October 2010 through March 2016, Salem owned several Cleveland area gas stations where he sold his adulterated and uninspected meat. Proceeds from the sales of the meat were deposited into gas station bank accounts in an attempt to conceal their source and further facilitate the illegal slaughtering operation. In total, over $695,000 was deposited into the banks accounts for the gas station located at 3934 West 117th Street in Cleveland, Ohio, with approximately $88,000 coming from the illegal sale of meat.

Also indicted in this matter were Mohamed Salem (Amin Salem's son), age 34, of Westlake and Zahran Al-Qadan, age 57, of Cleveland. Al-Qadan was sentenced to two years of probation, the first four months as home confinement. Mohamed Salem is awaiting sentencing.

This case was investigated by the FBI, IRS-Criminal Investigations, USDA-OIG, USDA-FSIS, EPA-CID, Ohio Investigative Unit, Ohio Department of Taxation, Ohio Department of Agriculture, BCI, Ohio EPA, Lorain County Sheriff's Office, Guernsey County Sheriff's Department, Cleveland Division of Police, Westlake Police Department and Strongsville Police Department.

This case was prosecuted by Assistant U.S. Attorneys Duncan Brown and Brad Beeson.

Justin Herdman, United States Attorney for the Northern District of Ohio, announced today that a federal grand jury sitting in Cleveland has returned a four-count indictment charging Brandon R. Mace, age 43, of Youngstown, Terris Chanley Baker, age 49, of Canton and Robert J. Rohrbaugh II, age 46, of Youngstown with Conspiracy to Commit Offenses against the United States, Aiding and Abetting Theft of Government Property, Aiding and Abetting False Claims against the United States and Conspiracy to Commit Money Laundering.

According to the indictment, from March 2015 to April 2016, the defendants conspired together to submit fraudulent federal income tax returns in the names of various fictitious entities to the IRS in order to obtain tax refunds for the enrichment of themselves and others. On one occasion, the defendants were successful in obtaining a refund check for a fictitious business in the amount of $1,352,779.   After obtaining the refund, the defendants then attempted to launder the money by purchasing high-end and luxury vehicles. 

In order to carry out their conspiracy, the defendants created phony business entities, trusts, Employer Identification Numbers (EINs) and prepared fraudulent income tax return documents, which reported large tax withholdings that never existed.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, each defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The investigation preceding the indictment was conducted by the Internal Revenue Service-Criminal Investigation. This case is being prosecuted by Assistant U.S. Attorney Megan R. Miller.  

CLEVELAND, Ohio – A federal grand jury sitting in Cleveland, Ohio has returned a two-count indictment charging Artyom Garber, age 33, Paul Queenan, age 64 and John Botsford, age 62, all of Michigan with conspiracy to possess with the intent to distribute and possession with the intent to distribute Tetrahydrocannabinols (THC).

According to court documents, Garber (formally of Cleveland, Ohio), Queenan and Botsford agreed to deliver 9,800 THC vape cartridges from Ann Arbor, Michigan to a residence in Cleveland, Ohio.  On October 10, 2019, agents from the U.S. Food and Drug Administration (FDA) performed an investigative stop of Queenan and Botsford in Cleveland and seized the cartridges.  During an investigation, detectives learned of an additional 700 THC cartridges remaining in a storage unit in Dearborn Heights, Michigan that belonged to Garber and Queenan. 

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, each defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

The investigation was conducted by the FDA – Office of Criminal Investigations in conjunction with the Ohio Attorney General’s Organized Crime Commission Major Crimes Task Force.  The Task Force consists of the Cuyahoga County Sheriff’s Department, Cuyahoga County Prosecutor’s Office, FDA, U.S. Postal Inspection Service and the Department of Homeland Security, Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorney Aaron P. Howell.

Justin Herdman, United States Attorney for the Northern District of Ohio, announced today that a federal grand jury sitting in Cleveland, Ohio has returned an eight-count indictment against Robert D. McWilliams, age 40, of Strongsville. The defendant is charged with two counts of Sex Trafficking of a Minor, three counts of Sexual Exploitation of Children, one count of Transportation of Child Pornography, one count of Receipt and Distribution of Visual Depictions of Real Minors Engaged In Sexually Explicit Conduct and one count of Possession of Child Pornography.

“Today’s indictment reflect the serious and elaborate nature of the acts allegedly taken by the defendant to traffic and exploit local area children,” said U.S. Attorney Justin Herdman. “The alleged acts committed in this case are a disturbing and strong reminder for parents to be vigilant about who their children talk to and what they do online.”

“Allegations of child exploitation against a trusted member of the religious community has long-term reverberations beyond just the criminal acts of the accused," said Vance Callender, special agent in charge of HSI Detroit. "Identifying people who violate their positions of public trust will always be a priority for those in HSI that investigate child exploitation." 

According to court documents, from 2017-2019, McWilliams engaged in sexually explicit conduct and behavior involving minors. McWilliams pretended to be a female on social media applications, which he used to make contact with minor male victims.  Allegedly, certain of McWilliams’s victims were young boys McWilliams knew because he served as a priest in parishes with which these children and their families were affiliated. 

Posing as a female, McWilliams allegedly enticed the minor male victims to send sexually explicit photographs and videos, sometimes threatening to expose embarrassing information McWilliams already knew about the victims if they did not send such images.  At times, McWilliams is alleged to have threatened to send those photographs to family and friends if the minor male victims did not send additional photographs and videos.  McWilliams is also alleged to have followed through on this threat by sending the mothers sexually explicit photographs he received from minor male victims. 

The affidavit also alleges that McWilliams was in possession of, received or distributed approximately 1,700 images and videos of child pornography and approximately 150 files of child pornography in a Dropbox cloud storage account.

Additionally, McWilliams is alleged to have used the social networking website Grindr.com to make contact with a minor male victim for the purpose of engaging in commercial sex.  McWilliams allegedly met the victim on multiple occasions and, in exchange for sex, paid the victim for each act. 

Anyone with knowledge of McWilliams’s contact with children should contact Homeland Security Investigations at (216) 749-9602.

An indictment is only a charge and is not evidence of guilt.  Each defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

This investigation is being conducted by the Department of Homeland Security, Homeland Security Investigations, with assistance from the Geauga County Prosecutor’s Office and Ohio Internet Crimes Against Children (“ICAC”) Task Force.  The case is being prosecuted by Assistant U.S. Attorneys Carol M. Skutnik and Bridget M. Brennan. 

Justin Herdman, United States Attorney for the Northern District of Ohio, announced today that a federal grand jury sitting in Cleveland, Ohio has returned a one count indictment charging Timothy James Goodner, age 19, of Maple Heights with arson. According to court documents, Goodner was involved in an act of arson concerning the Shaia’s Parking Lot attendant booth on 1242 West 3rd Street on Saturday, May 30th, 2020.

“Today’s indictment reflects the continued resolve of federal law enforcement to identify, arrest, and prosecute those individuals responsible for the widespread damage in our downtown on May 30,” said U.S. Attorney Justin Herdman. “This defendant is alleged to have committed arson during the riot that followed an otherwise peaceful, Constitutionally-protected assembly.  We will continue to seek out and prosecute those who were engaged in similar acts on that day.”

According to the affidavit in support of the criminal complaint, Goodner and other persons gathered around an attendant booth in the West 3rd Street parking lot during the demonstrations on May 30th. Images and videos released from that day show a suspect setting fire to cardboard boxes and paper towels and then placing them inside the attendant booth. Goodner is then allegedly observed contributing to the fire by placing boxes and other combustible products inside the both to help accelerate the burning.

Afterwards, the Cleveland Division of Police released images and video of suspects committing various criminal acts from the demonstrations to the media. Goodner was identified via these images from numerous anonymous tips by his clothing and a visible tattoo. 

Goodner was arrested and booked into the Cuyahoga County Jail on June 22, 2020, by the Ohio State Highway Patrol on an active warrant obtained by the Cleveland Police Department for aggravated arson.

A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

This case is being investigated by the Cleveland Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cleveland Division of Police. This case is being prosecuted by Assistant U.S. Attorney John Hanley. The U.S. Attorney’s Office for the Northern District of Ohio would like to acknowledge and thank the Cleveland FBI, Cuyahoga County Prosecutor’s Office and the Ohio State Highway Patrol for their assistance with this matter. 

William D. Schaffer, age 52, of Wellington was arrested this week on a federal criminal complaint filed in the Northern District of Ohio, charging him with possession/access with intent to view child pornography and transportation of child pornography. The defendant was last employed as a Firefighter/EMT/Driver-engineer with the Elyria Fire Department.

“According to the allegations in the complaint, this defendant held a position of public trust and was simultaneously contributing to the online exploitation of children,” said U.S. Attorney Justin Herdman. “Our office will continue to work with law enforcement at every level to ensure that we continue to hold our public servants accountable for their actions.”

“Allegations of child exploitation crimes are troubling enough, but even more disturbing is when the suspect is employed in a position that demands the public's trust as a firefighter,” said Vance Callender, special agent in charge of HSI Detroit. “HSI will take swift action against suspects in any public trust position to save children and ensure the community’s confidence in those employed in such jobs.”

According to the affidavit in support of the complaint, on April 30, 2020, the defendant used an email account to upload approximately 355 files of apparent child pornography over the Yahoo mail platform. On June 30, 2020, law enforcement agents executed a search warrant at Wellington address listed for the defendant. An iPhone, laptop computers, and external storage media were seized. The defendant told investigators that they would find images of child pornography on his computer and that he has viewed other files depicting child exploitation in the past. 

A complaint is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

This investigation is being conducted by the Department of Homeland Security, Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Carol M. Skutnik.

Four sitting Toledo City Council members and one local attorney were charged in a criminal complaint today for their participation in a bribery and extortion scheme that encouraged soliciting and/or accepting cash, checks, money orders, or other things of value from local business owners in exchange for their votes on City Council. 

Charged today were Tyrone Riley (District 1), Yvonne Harper (District 4), Garrick “Gary” Johnson (At-Large), Larry Sykes (At-Large) and Keith Mitchell all of Toledo.  All defendants were charged via a federal criminal complaint filed in the Northern District of Ohio with Receipt of Bribe by Agent of Organization Receiving Federal Funds and Hobbs Act Extortion Under Color of Official Right. Additionally, defendant Harper was charged with Interstate Communications with Intent to Extort.

“As alleged in the Complaint, four Toledo City Council members and a local attorney have been engaged in a pay-to-play scheme involving bribes for Council votes,” said U.S. Attorney Justin Herdman. “Maintaining the public’s trust in its elected officials is one of the Department of Justice’s core responsibilities.  The residents of Toledo should know, as should every other resident of the Northern District of Ohio, that where there are allegations of public corruption and kickbacks, we and our federal partners will be there every time.”

"Elected officials are elected by the people, to serve the people, not to serve their own financial self-interests,” said FBI Special Agent in Charge Eric B. Smith.  “The FBI will continue efforts to root out public corruption so citizens can have faith and trust in their public officials.”

According to the criminal complaint, in early 2018, the FBI began to investigate Toledo City Council members for soliciting monetary payments or other things of value from local business owners in exchange for their votes on City Council. In addition, Councilwoman Harper was investigated for an extortion attempt on a local business.

The following is a summary of the events listed in the complaint:

From May of 2018 to April of 2019, a local businessman, Source 1, applied for a Special Use Permit “SUP” for a curb cut at Source 1’s place of business off of Dorr Street in Toledo.Source 1 bribed Councilman Tyrone Riley with $2,000 and other items of value in return for the Councilman’s support of the SUP. On April 30, 2019, the SUP passed council unanimously with Councilman Riley abstaining. Later on, Source 1 would provide an additional $700 bribe to remove a sprinkler system requirement written into Source 1’s SUP.

In April of 2018, a local businessman, Source 2, applied for a SUP for the re-zoning of an internet café business on Holland-Sylvania Rd. Source 2 bribed Councilman Tyrone Riley $1,000 in return for the Councilman’s support of the re-zoning SUP. On October 23, 2018, Riley and the rest of City Council voted in favor of SOURCE 2’s SUP for his/her internet café on Holland-Sylvania Rd. 

From 2018 to 2020, Source 2 solicited and bribed council members Yvonne Harper (through local attorney Keith Mitchell), Tyrone Riley, Garrick “Gary” Johnson and Larry Sykes with monetary payments and other items of value in return for their support of a SUP to open an internet café on Central Avenue in Toledo.  

Source 2 paid Councilwoman Harper, through Mitchell, a total of $2,825 ($2,000 for Harper for the Central Ave. SUP; $500 for Mitchell; and $320 for Harper’s fundraiser), Councilman Johnson $1,000 in a check for him in some else’s name, Councilman Riley $5,000 and Councilman Sykes $1,500 all in return for their support of the Central Ave SUP. On February 25, 2020, the Central Avenue internet café SUP passed City Council unanimously.

In 2019, Source 2 applied for two SUPs for two internet cafés on Reynolds Rd.  During the same approximate time period, Source 2 wanted City Council to pass a moratorium to prohibit any additional internet cafés within the city for a specified time frame. Source 2 then paid Councilman Sykes in return for three votes in favor of the two internet cafes on Reynolds Rd., the moratorium legislation, and paid Riley $5,500 in bribe money for his three votes in favor of these issues. Source 2 also paid Councilman Tyrone Riley $500 for his support of the two Reynolds Rd internet cafes and moratorium legislation.

On January 2, 2020, Sykes and Riley voted yes on a moratorium on internet cafés and the two Reynolds Rd SUPs; all three measures passed. 

In 2019, an acquaintance of Source 2, A.M., applied for a SUP to open an internet café on Manhattan Blvd. A.M. provided two bribes, one to Councilwoman Harper’s reelection campaign for $5,000 and a separate fee to Mitchell for $1,500.  114.   On July 23, 2019, Harper voted in favor of A.M.’s SUP during the City Council meeting.  A.M.’s SUP was approved unanimously. 

Additionally, in 2019, A.M., applied for a SUP to open an internet café on Secor Rd. A.M. and Source 2 paid Councilman Johnson $2,000 in return for his support of the SUP.  The SUP ultimately failed to garner the required votes in Planning Commission and in City Council. 

In November of 2019, Councilwoman Harper and Source 1 convened a meeting to discuss a Facebook post by one of Harper’s constituents claiming that Source 1’s tenant used racial slurs when interacting with a female customer from the neighborhood. Harper then threatened Source 1 with protests, negative media attention and potential loss of their liquor license unless the constituent was compensated appropriately. On January 31, 2020, Source 1 paid the constituent $2,500.

A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

This case was investigated by the Cleveland Division of the FBI and is being prosecuted by Assistant U.S. Attorney Michael Freeman. 

###

Justin Herdman, United States Attorney for the Northern District of Ohio, announced today that Timothy James Goodner, age 19, of Maple Heights, has been charged with maliciously damaging or destroying by means of fire or explosion any building or property.  According to the criminal complaint, Goodner was involved in an act of arson concerning the Shaia’s Parking Lot attendant booth on 1242 West 3rd Street on Saturday, May 30th, 2020.

“Today’s arrest demonstrates the continued resolve of federal law enforcement to identify, arrest, and prosecute those individuals responsible for the widespread damage in our downtown on May 30,” said U.S. Attorney Justin Herdman. “This defendant is alleged to have committed arson during the riot that followed an otherwise peaceful, Constitutionally-protected assembly of our neighbors.  Let this arrest serve as a reminder to all those who were engaged in similar crimes on that day - we are going to find you, we are going to arrest you, and we are going to hold you accountable.”

According to the criminal complaint, Goodner and other persons gathered around an attendant booth in the West 3rd Street parking lot during the demonstrations on May 30th. Images and videos released from that day show a suspect setting fire to cardboard boxes and paper towels and then placing them inside the attendant booth. Goodner is then observed contributing to the fire by placing boxes and other combustible products inside the both to help accelerate the burning.

Afterwards, the Cleveland Division of Police released images and video of suspects committing various criminal acts from the demonstrations to the media. Goodner was identified via these images from numerous anonymous tips by his clothing and a visible tattoo. 

Goodner was arrested and booked into the Cuyahoga County Jail on June 22, 2020 by the Ohio State Highway Patrol on an active warrant obtained by the Cleveland Police Department for aggravated arson.

A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

This case is being investigated by the Cleveland Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cleveland Division of Police. This case is being prosecuted by Assistant U.S. Attorney John Hanley. The U.S. Attorney’s Office for the Northern District of Ohio would like to acknowledge and thank the Cleveland FBI, Cuyahoga County Prosecutor’s Office and the Ohio State Highway Patrol for their assistance with this matter. 

U.S. Attorneys Justin Herdman, David DeVillers and Ohio Attorney General Dave Yost announced today that the Department of Justice Office of Community Oriented Policing Services (COPS Office) has awarded the Ohio Attorney General’s Organized Crime Investigations Commission (OCIC) $3,658,998 in funding to combat the illegal manufacture and distribution of heroin and prescription opioids in Ohio.

“Every day in Ohio, we continue to see the adverse effects that the heroin and opioid epidemic have in our community,” said U.S. Attorney Justin Herdman. “This funding will help the Ohio Attorney General’s office continue their great work against this epidemic and support our law enforcement officers on the front lines.”

“One of the biggest challenges facing Ohio is opioid related overdose deaths, specifically involving fentanyl," said U.S. Attorney David DeVillers. "The only way to effectively combat this crisis is through coordination and cooperation with our state and local partners.  This award will go a long way to assure that this is accomplished.”

“We appreciate the partnership and the additional funding that will be used to disrupt the supply chain of illegal drugs in Ohio,” said Ohio Attorney General Dave Yost. “OCIC’s interdiction task forces strive to stay a step ahead of the ever evolving drug dealers who plague on our street and poison our youth. They aren’t stopping, but we aren’t either.”   

“The scourge of opioid and methamphetamine use continues to take a devastating toll on our nation’s communities,” said COPS Office Director Phil Keith.  “By providing these resources to law enforcement to help combat the further spread, the COPS Office is demonstrating our commitment to this Administration’s priority of reducing drug use and protecting our citizens from this public health and safety crisis.”

The COPS Office is awarding more than $29.7 million in grant funding to 14 state law enforcement agency task forces through the Anti-Heroin Task Force Program (AHTF). The AHTF program provides three years of funding directly to state-level law enforcement agencies with multijurisdictional reach and interdisciplinary team (e.g., task force) structures, in states with high per capita rates of primary treatment admissions for heroin, fentanyl, carfentanil, and other opioids. 

This funding will support the location or investigation of illicit activities through statewide collaboration related to the distribution of heroin, fentanyl, or carfentanil or the unlawful distribution of prescription opioids. AHTF funding has a significant impact on state investigative and seizure work.  During the five-month period between October 2019 and February 2020, current AHTF grantees reported the seizure of over $4 million in cash and 1,213 firearms. 

The complete list of Anti-Heroin Task Force Program award recipients, including funding amounts, can be found here: https://cops.usdoj.gov/ahtf-award

The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of approximately 135,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. For additional information about the COPS Office, please visit www.cops.usdoj.gov.

Justin E. Herdman, U.S. Attorney for the Northern District of Ohio, announced today that Ricardo Labrador-Ortiz, age 46, was sentenced to 31-months imprisonment after pleading guilty to one count of misuse of a social security number and one count of aggravated identity theft on January 17, 2020. Renzo Bienvenido Pimentel-Arias, age 49, was sentenced to 54-months imprisonment after pleading guilty to two counts of false claim of citizenship to obtain a federal or state benefit and two counts of aggravated identity theft on January 17, 2020.

According to court documents, Ricardo Labrador-Ortiz and another man, Guillermo Alexander Cruz-Guerrero, age 38, conspired together to use fraudulent identification documents in order to obtain Ohio driver licenses and purchase high-end vehicles and watercraft.

On July 18, 2019, Cruz-Guerrero entered a powersports store in Elyria, Ohio, and attempted to purchase two jetskis using fraudulent identification, phony employment information, and requested a $40,000 loan application. Cruz-Guerrero did not intend to leave a down payment and was adamant about leaving the store with the jetskis as soon as possible. A credit check of the submitted identification and paperwork came back as positive for fraudulent activity. Store employees notified Cruz-Guerrero that the bank was closed and that they were unable to process the loan application and advised him to return the following day. Soon after, Elyria Police were notified of the fraudulent activity and his expected return. Cruz-Guerrero did return the following day and attempted to complete the purchase of the jetskis. Immediately after completing all the necessary paperwork to process the loan and take possession of the jetskis, Cruz-Guerrero was arrested by Elyria Police.

Police were advised of a second individual who had accompanied Cruz-Guerrero in a vehicle outside the store. Police performed a traffic stop of this vehicle and identified the man as Ricardo Labrador-Ortiz.  Elyria Police took Labrador-Ortiz and Cruz-Guerrero into custody as part of a fraud investigation.

During a search of both individuals and the vehicle, detectives seized multiple items, including fraudulent driver licenses and numerous sets of keys that appeared to be for storage containers/facilities. Detectives then executed a search warrant on two storage units tied to the seized keys. Inside they discovered printing equipment and other fraudulent documents including identification cards, driver’s licenses, power of attorney forms, bank and credit card information, residency forms and vehicle keys matching models of known stolen vehicles.

On August 08, 2019, Elyria police were notified that the storage unit's lessee was returning to claim his belongings. Police subsequently arrested the individual and later identified him as Renzo Bienvenido Pimentel-Arias.

A background investigation conducted by the FBI and Border Patrol into Renzo Bienvenido Pimentel-Arias revealed that Pimentel-Arias had received a fraudulent identification from Cruz-Guerrero, no immigration history into the United States, and had a long history of using fake identification documents in multiple states.

On August 28, 2019, Ricardo Labrador-Ortiz was indicted on charges of knowingly using another person’s social security number for the purpose of obtaining an Ohio State driver’s license.

On September 26, 2019, Guillermo Alexander Cruz-Guerrero was indicted on two counts of false claim of citizenship to obtain a federal or state benefit and two counts of aggravated identity theft and is awaiting trial.

On October 17, 2019, Renzo Bienvenido Pimentel-Arias was indicted on two counts of false claim of citizenship to obtain a federal or state benefit and two counts of aggravated identity theft. 

The investigation preceding this indictment was conducted by the U.S. Customs and Border Protection, Detroit Sector Intelligence Unit, FBI, HSI, Elyria Police Department, Ramey Sector Intelligence Unit, Ohio Bureau of Motor Vehicles, Ohio National Guard Counterdrug Task Force and the New England State Police Information Network. This case was prosecuted by Assistant U.S. Attorney Brad J. Beeson and Jason W. White.

Justin. E. Herdman, U.S. Attorney for the Northern District of Ohio, announced today that a federal grand jury in Cleveland has indicted two men in the Akron area on charges of illegal firearm possession. These are separate cases and are not related.

Brandon M. Ricks, age 31, of Akron, was indicted on one count of felon in possession of firearm and ammunition. According to the indictment, on January 24, 2020, Ricks possessed a .45 caliber pistol.  Ricks is prohibited from possessing a firearm due to previous convictions of aggravated assault in 2008 and robbery in 2014, both in the Summit County Court of Common Pleas. The investigation preceding the indictment was conducted by the ATF and Akron Police Department.  The case is being prosecuted by Assistant U.S. Attorney Aaron P. Howell.

Brandon M. Ward, age 26, of Akron, was indicted on one count of felon in possession of a firearm and ammunition. According to the indictment, on January 28, 2020, Ward possessed a 5.7 mm caliber pistol and ammunition. Ward is prohibited from possessing a firearm due to a previous conviction of trafficking in marijuana from 2017 in the Summit County Court of Common Pleas. The investigation preceding the indictment was conducted by the ATF and Akron Police Department.  The case is being prosecuted by Assistant U.S. Attorney Aaron P. Howell.

An indictment is only a charge and is not evidence of guilt.  Each defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

Justin E. Herdman, U.S. Attorney for the Northern District of Ohio, announced today that Marcus Henderson, age 34, of Toledo was sentenced to 12 months imprisonment after a trial by jury found Hendersen guilty of one count of Hobbs Act extortion under color of official rights and one count of providing contraband in prison.

According to court filings, Hendersen was a corrections officer at the Lucas County jail in 2016 when he accepted a $500 bribe to smuggle a cell phone and tobacco into the jail for an inmate.

This case was investigated by the FBI and was prosecuted by Assistant U.S. Attorney Michael J. Freeman and Assistant U.S. Attorney Ashley A. Futrell.

Justin E. Herdman, U.S. Attorney for the Northern District of Ohio, announced today that Dayviaire Rogers, 27, of Akron, was sentenced to 264 months imprisonment by United States District Court Judge Patricia A. Gaughan. Rogers pleaded guilty to possession with intent to distribute and distribution of fentanyl, interference with commerce by robbery, possession of a firearm and ammunition by a convicted felon, and discharging a firearm during and in relation to a crime of violence on February 7, 2020.

“Today’s sentence sends a strong message that selling fentanyl and violent crime will result in a lengthy prison term,” said U.S. Attorney Justin Herdman. “We will continue to seek long prison sentences for individuals who sell opioids in our neighborhoods and who use firearms to commit acts of violence.”

According to court documents, on March 16, 2019, Rogers sold a substance containing fentanyl to a Wooster woman who used the substance several hours later at a Wadsworth bar, causing her death. Medical examiners later determined the cause of death to be acute fentanyl intoxication.

While investigators from the DEA, Wadsworth Police Department, and the Medina County Drug Task Force were investigating the overdose death, investigators from the ATF and the Akron Police Department were investigating an armed robbery on of an Akron grocery store.  As agents and prosecutors collaborated on the parallel investigations, they realized Rogers was suspected of both crimes.  On April 20, 2019, Rogers entered the grocery store wearing a mask and aimed a loaded handgun in the face of the store owner and her minor daughter. Rogers stole approximately $7,000 and discharged his firearm during the robbery.

A review of Rogers’ criminal record revealed he was prohibited from possessing a firearm due to prior felony convictions. 

These investigations were conducted by the ATF, Drug Enforcement Administration, Medina County Drug Task Force, Medina County Prosecutor’s Office, Wadsworth Police Department and the City of Akron Police Department.  The matter was prosecuted by Assistant U.S. Attorneys Christopher J. Joyce and Patrick P. Burke.

On this day in 1865, Major General Gordon Granger led his Union troops to Galveston, Texas, with this purpose – to formally and finally deliver news that the Civil War had ended and that all enslaved people were free. As part of this announcement, General Granger read General Order Number 3: “The people of Texas are informed that in accordance with a Proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of rights and rights of property between former masters and slaves, and the connection heretofore existing between them that becomes that between employer and hired laborer.” With those few legalistic words, the last bonds of slavery were slipped in the United States.

The date we now honor with Juneteenth came two months after the formal cessation of hostilities in the Civil War, and more than two and a half years after the Emancipation Proclamation was first issued. Yet it is important because it marks the historical date on which the original promise of freedom, as embodied in our American Revolution, was extended to those who had been excluded from birth – both their individual births and the birth of the United States.

Importantly, though, June 19, 1865, was not the end of guaranteeing the promise of freedom for all Americans. The Department of Justice was created almost exactly five years later, during the administration of President Ulysses S. Grant, to help guarantee the “absolute equality of rights” of all persons, as recognized in General Order Number 3. In fact, the Department’s first order of business was to prosecute members of the Ku Klux Klan who were engaged in a campaign of terror directed against newly-freed slaves across the South. I like to say that our DOJ was born fighting, and that fight has never ceased in the ensuing 150 years.
 
As men and women of the Justice Department, it is important for us to take a moment today to remind ourselves why we have chosen to work here. The Department of Justice is the only cabinet-level agency named for a moral virtue – Justice -- and that is what we seek, what we obtain, and what we are committed to preserving.
 
Juneteenth this year is different. We are all witnessing a righteous public outcry against not just unacceptable individual acts of police brutality, but longstanding societal unfairness that still, after 155 years, has not been fully redressed. As members of the Department of Justice who are proudly tasked with carrying forward a grand tradition of upholding the equal rights of all persons, we are in a unique – and I would say, fortunate – position at this time in American history. Although the absolute equality of rights for all has not yet been experienced in this country, this does not mean that it will not ever happen. If it is to happen, and I believe that it will, the Department of Justice will play an important role. For as long as we continue to have men and women who step forward to join this great institution, we are all guaranteed a Department of Justice that will pursue America’s long-sought, collective moral virtue.

Juneteenth is a celebration. It is a day of freedom – that was long overdue – and we should all remember and acknowledge it as such.

-Justin E. Herdman, U.S. Attorney for the Northern District of Ohio

Justin E. Herdman, U.S. Attorney for the Northern District of Ohio, announced that Pablo Duran Ramirez, age 52, was sentenced to 37 months imprisonment, three years supervised release and ordered to pay a $67,232 fine after pleading guilty to one count of encouraging illegal entry for financial gain on September 17, 2018. According to court documents, Ramirez encouraged the illegal entry of Guatemalan nationals, including unaccompanied minors, into the United States, knowing that the individuals had been smuggled into the United States through coercion or threat.

“Ramirez exploited the desperation of migrant workers and, in some instances, their children for his own personal financial gain,” said U.S. Attorney Justin Herdman. “Human trafficking can take many forms, and this sentence reflects the Justice Department’s commitment to combat this plague in every shape it takes.”

"Ramirez, in conspiracy with three other previously convicted individuals, coerced and assisted individuals to enter the United States illegally, many of them children, forcing them to live in deplorable conditions and work for little to no wages,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Division. “These reprehensible actions are unacceptable.  The FBI will continue to work with our partners to identify and bring to justice those who engage in human trafficking."

Ramirez, through his company, Haba Corporate Services, contracted to provide labor to Trillium Farms, knowing that the workers were unlawfully present in the United States. He further admitted to knowing that some of the workers were unaccompanied minors who had been coerced or threatened to enter the United States and then housed in an isolated trailer park in Marion, Ohio. In 2013 and 2014, Trillium Farms paid the defendant’s company approximately $6 million for its labor services.

Three other defendants—Aroldo Castillo-Serrano, of Guatemala, Ana Angelica Pedro-Juan, of Guatemala, and Conrado Salgado-Soto, of Mexico—previously pleaded guilty for their roles in the same labor trafficking scheme. Castillo-Serrano, the lead smuggler and primary enforcer, was sentenced to 188 months in prison; Pedro-Juan, who oversaw the victims in Ohio, was sentenced to 120 months; and Salgado-Soto, a subcontractor hired by Duran Ramirez, was sentenced to 51 months.

Those defendants admitted to recruiting workers from Guatemala, some as young as 14 or 15 years old, falsely promising them good jobs and a chance to attend school in the United States.  The defendants then smuggled and transported the workers to a trailer park in Marion, Ohio, where they ordered them to live in dilapidated trailers and work at physically demanding jobs at Trillium Farms for up to 12 hours a day.  The work included cleaning chicken coops, loading and unloading crates of chickens, de-beaking chickens and vaccinating chickens. During their sentencing, Senior United States District Judge James G. Carr found that they had threatened workers with physical harm and withheld their paychecks in order to compel them to work. Eight minors and two adults were identified as victims of the scheme.

Three additional defendants, including Duran Ramirez’s son, pleaded guilty for their roles in encouraging the workers’ illegal entry into the United States.

This case was investigated by the FBI’s Cleveland Office, Mansfield Resident Agency and the Department of Homeland Security. The case was jointly prosecuted by Assistant U.S. Attorney Chelsea Rice and Dana Mulhauser, formerly of the Civil Rights Division’s Criminal Section.

Justin E. Herdman, U.S. Attorney for the Northern District of Ohio, announced today that a federal grand jury in Cleveland, Ohio has returned a two-count indictment charging Michael D. McCullough, age 44, of Akron with felon in possession of a firearm and possession of a firearm by a person with a domestic violence conviction.

“Prosecuting individuals who unlawfully possess a firearm with a domestic violence conviction has been a priority for the Northern District during my tenure,” said U.S. Attorney Justin Herdman. “Last year, the District charged 17 defendants with possession of a firearm while prohibited by the Violence Against Women Act. We will continue to prosecute these types of cases as statistics show that domestic violence offenders with a firearm are far more likely to use it against their spouse or law enforcement.”

According to the indictment, on March 12, 2020, the defendant illegally possessed a .380 caliber pistol with previous felony convictions. McCullough is prohibited from possessing a firearm due to previous convictions of drug abuse and aggravated drug trafficking in 1995 in the Court of Common Pleas of Summit County, domestic violence, a misdemeanor, in 1997 in the Municipal Court of Akron, and a second charge of domestic violence, a felony, in 2006 in the Court of Common Pleas of Summit County.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the ATF and Akron Police Department. This case is being prosecuted by Assistant U.S. Attorney Damoun Delaviz.

Justin. E. Herdman, U.S. Attorney for the Northern District of Ohio, announced today that a federal grand jury in Cleveland has returned separate indictments against two men in the Ashtabula area on charges of illegal drug and firearm possession. These are separate cases and are not related.

William Campany, age 35, of Ashtabula was indicted on one count of felon in possession of a firearm. The indictment alleges that on October 29, 2019, Campany possessed a .40 caliber pistol. Campany is prohibited from possessing firearms due to a previous sexual battery conviction in 2010 in the Ashtabula County Court of Common Pleas. The investigation preceding the indictment was conducted by the ATF. The case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.

Joseph Kelsey, Sr., 45, of Ashtabula, was charged on a three-count indictment with felon in possession of firearms, possession with intent to distribute methamphetamine, and possessing firearms in furtherance of a drug trafficking crime. According to the indictment, on October 9, 2019, Kelsey possessed two semiautomatic pistols and intended to distribute at least 5 grams of methamphetamine. Kelsey is prohibited from possessing a firearm due to a previous conviction of illegal assembly or possession of chemicals for the manufacture of drugs in 2005 in the Ashtabula County Court of Common Pleas. The investigation preceding the indictment was conducted by the ATF and Crime Enforcement Agency of Ashtabula County.  The case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.

An indictment is only a charge and is not evidence of guilt.  Each defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

Justin E. Herdman, U.S. Attorney for the Northern District of Ohio, announced today that a federal grand jury in Cleveland, Ohio has returned an indictment charging Kevin L. Arnold, age 54, of Toledo, Ohio with two counts of possession with intent to distribute cocaine and cocaine base.

According to the indictment filed in this matter, in March 2020, Arnold possessed and intended to distribute approximately 121 grams of a mixture and substance containing a detectable amount of cocaine base and approximately 124 grams of a mixture and substance containing a detectable amount of cocaine.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the Federal Bureau of Investigation and the Toledo Police Department. The case is being prosecuted by Assistant United States Attorney Alissa M. Sterling.

Justin E. Herdman, U.S Attorney for the Northern District of Ohio, announced today that a federal grand jury in Cleveland, Ohio has returned a three-count indictment charging Trevor Leis, 27, of Elida, Ohio with two counts of being an unlawful drug user in possession of firearms and one count of making false statements in connection with the purchase of firearms. Leis was arrested this morning by the FBI without incident.

According to the indictment filed in this matter, from January 2018 to March 2020, Leis possessed multiple firearms and rifles while knowingly using [or a drug user of] illegal controlled substances. Additionally, in March 2018, Leis made false statements to a licensed firearms dealer in order to purchase two firearms illegally.   

As a result of these offenses, Leis must forfeit to the United States all firearms and ammunition involved in these offenses, including, but not limited to, the following:

• Beretta, Model PX4 Storm Pistol, Caliber 9X19
• P. Beretta, Model AL391 Urika Shotgun, 20 Gauge
• Remington Arms Company, Model 1100 Shotgun, Caliber 20 Gauge
• Remington Arms Company, Model Remington 870 Wingmaster Shotgun, Caliber 20 Gauge
• Harrington & Richardson 1871 LLC (H&R), Model Pardner Shotgun, Caliber .410” Gauge
• Rifle, Izhmash (IMEZ), M1944, 7.62x54r
• FN America (FNH USA), model FN15 Rifle, Caliber Multi
• Colt, Defender model, .45 caliber pistol

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Tracey Ballard Tangeman.

Youngstown, Ohio – Justin E. Herdman, United States Attorney for the Northern District of Ohio, announced today that Jennifer Sheridan, age 42, of Austintown, Ohio, was sentenced to 27 months imprisonment, and ordered to pay $15,957,148 in restitution after pleading guilty to one count of health care fraud conspiracy.

Jennifer Sheridan is the last of six defendants to be sentenced for crimes related to a health care fraud conspiracy in which Medicaid was billed $48 million for drug and alcohol recovery services, many of which were not provided, not medically necessary, lacked proper documentation, or had other issues that made them ineligible for reimbursement.

“Today’s sentencing marks the conclusion of a case in which the defendants conspired together to use the drug epidemic as a way to steal tens of millions of dollars from taxpayers through fraudulent billing practices and other crimes,” said U.S. Attorney Justin Herdman. “The defendants’ actions have earned them jail time and over $24 million in restitution.  We will continue to hold anyone accountable who tries to take advantage of the drug epidemic and Ohio taxpayers.”

"This is the last defendant to receive their deserved sentence for fraudulent and deceptive criminal behavior,” stated FBI Special Agent in Charge Eric Smith.  “These individuals preyed on a healthcare system that is in place to help those in need and not to be used as an ATM to cipher millions of dollars from the taxpayers for their own pleasures.”

“Today’s sentencing should serve as a message to all healthcare professionals who choose to fraud the government and contribute to the misuse of prescription drugs,” said DEA Special Agent in Charge Keith Martin. 

“This sentence is the final chapter of a heartless plot to exploit recovering addicts for personal gain,” Ohio Attorney General Dave Yost said. “I’m proud to work alongside our federal partners to hold these wrongdoers accountable.”

On January 22, 2020, Ryan P. Sheridan, 39, of Leetonia was sentenced to 7 ½ years imprisonment and ordered to pay $24,479,939 in restitution after pleading guilty to various  health care fraud conspiracy crimes. Ryan Sherdian was the owner and operator of Braking Point Recovery Center, which operated in the Youngstown and Columbus areas.

On March 12, 2020, co-defendant Kortney L. Gherardi was sentenced to 18 months imprisonment and ordered to pay $2,413,838.42 in restitution after pleading guilty to conspiracy to commit health care fraud.

On January 21, 2020, co-defendants Dr. Thomas Bailey and Dr. Arthur Smith were sentenced to 2 years of probation with 6 months of community service and a $5,000 fine.  Co-defendant Lisa Pertee was sentenced to 1 year of probation with 60 days of community service, and order to pay $2,200 in special assessments. 

According to court documents:

Ryan Sheridan was the sole owner of Braking Point Recovery Center, which operated drug and alcohol rehabilitation centers in Austintown and Whitehall, Ohio, that provided detox, intensive outpatient treatment, day treatment and residential living rehabilitation.

Between January 2015 and October 18, 2017, Sheridan and various other defendants submitted or caused to be submitted billings to Medicaid for drug and alcohol services that were: coded to reflect a service more costly than was actually provided; without proper documentation; without proper assessment documents containing valid diagnosis; billings for patients whose records did not contain diagnosis by a physician; related to treatment at unlicensed inpatient beds; billings related to dispensing of Suboxone, even though the treating physician did not have the authority to do so; for case management services when, in fact, the clients were working out at Sheridan’s gym; billings based on quotas provided to the nurses by the defendants to bill four to five hours of treatment daily, even if the services were not medically necessary; billing for in-patient detox and drug treatment services that were, in fact, provided in an out-patient setting, among other violations.

Braking Point submitted approximately 134,744 claims to Medicaid for more than $48.5 million in services it claimed to provide between May 2015 and October 2017.  The claims caused Medicaid to pay Braking Point more than $31 million.  Medicaid suspended payments to Braking Point on October 18, 2017.

Sheridan and other defendants developed a standard protocol of distributing the same amount of Suboxone to every patient seeking drug treatment immediately upon entering Braking Point’s detox program without being evaluated by a properly licensed physician to determine the medical necessity for the use of Suboxone.  Sheridan had the treating physician use another physician’s DEA data waiver license to dispense more than 3,000 doses of Suboxone in 2017 alone without the data waiver physician having seen the patients.

Sheridan also made numerous financial transactions in excess of $6 million, involving money derived from these unlawful activities, including health care fraud and conspiracy to commit health care fraud.  As such, Sheridan was ordered to forfeit property and proceeds obtained as a result of these crimes, including nearly $3 million, property in Columbiana, Mahoning and Trumbull counties, and eight automobiles, including replicas of vehicles used in the movies “Back to the Future,” “Ghostbusters,” and “Batman.”

This case was prosecuted by Assistant United States Attorneys Mark S. Bennett and Jason M. Katz, and Special Assistant United States Attorney Jonathan Metzler following an investigation by the Department of Health and Human Services -- Office of the Inspector General, the Federal Bureau of Investigation, the Drug Enforcement Administration, the Internal Revenue Service, and the Ohio Attorney General’s Medicaid Fraud and Control Unit.

Justin E. Herdman, U.S. Attorney for the Northern District of Ohio, announced today that a federal grand jury in Cleveland, Ohio has returned a one-count indictment charging Dominic Wright, 25, of Lima, Ohio with felon in possession of a firearm and ammunition.

According to court documents filed in this matter, On October 16, 2019, Wright possessed a Hi-Point 380 caliber pistol and ten (10) rounds of ammunition. He was prohibited from possessing firearms or ammunition because of a 2016 conviction in Lucas County Common Pleas Court for unlawful sexual conduct with a minor.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco and Firearms. The case is being prosecuted by Assistant U.S. Attorneys Deyana Unis and Matthew D. Simko.

Justin E. Herdman, U.S. Attorney for the Northern District of Ohio, announced today that a federal grand jury in Cleveland, Ohio has returned a two-count indictment charging Walter R. Maclin, age 46, of Cleveland with distribution of controlled substances.

The indictment filed in this matter alleges that on March 19 and March 27, 2020, Maclin did knowingly and intentionally distribute approximately 1.54 grams of a mixture and substance containing a detectable amount of crack cocaine.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, each defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense, and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the DEA, ATF, and Cleveland Police Department.  This matter is part of Operation Relentless Pursuit (ORP), an initiative aimed at combating violent crime.

The case is being prosecuted by Assistant United States Attorney Brian S. Deckert.

Justin E. Herdman, U.S. Attorney for the Northern District of Ohio, announced today that a federal grand jury in Cleveland, Ohio has returned a one-count indictment charging Matthew Paul Slatzer, 36, of Canton, Ohio, with possession of a firearm by a person with a domestic violence conviction.

According to the indictment filed in this matter, on February 2, 2020, the Canton Police Department responded to a call at a bar for an intoxicated male with a gun inside the establishment. The indictment alleges that Slatzer knowingly possessed a .38 caliber revolver. Slatzer is prohibited from possessing a firearm due to a prior domestic violence conviction on October 20, 2010.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

The investigation was conducted by the Federal Bureau of Investigation and the Canton Police Department.  The case is being prosecuted by Assistant U.S. Attorney Toni Beth Schnellinger Feisthamel.

Justin E. Herdman, U.S. Attorney for the Northern District of Ohio, announced today that a federal grand jury in Cleveland, Ohio has returned a one-count indictment charging Cody Scott Sharnsky, age 26, of Canton, Ohio with possession with intent to distribute a controlled substance.

According to the indictment filed in this matter, on January 28, 2020, Sharnsky knowingly and intentionally possessed with the intent to distribute approximately 58 grams of methamphetamine. 

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the FBI and Akron Police Department. The case is being prosecuted by Assistant U.S. Attorney Toni Beth Schnellinger Feisthamel.

Justin E. Herdman, United States Attorney for the Northern District of Ohio, announced today that a federal grand jury returned a four-count indictment charging Brandon Michael Althof Long, age 23, and Devon Bryce Poland, age 22, both of Erie, Pennsylvania with one count each of conspiracy to riot and cause civil disorder, conspiracy to use fire to commit a felony, interstate travel to riot and transporting any firearm in furtherance of civil disorder.

“Today’s indictment alleges that these two defendants traveled across state lines not to engage in Constitutionally protected free speech, but with the intent to burn and loot downtown Cleveland,” said U.S. Attorney Justin Herdman. “The men and women of the Justice Department, working with our state and local partners, are committed to holding accountable anyone responsible for the numerous criminal actions that occurred in Cleveland on May 30.  This indictment represents the first of such federal charges filed in this district, but they are not expected to be the last.”

“The indictments of Mr. Poland and Mr. Long mark just the beginning of our combined law enforcement effort to identify, locate, and apprehend those who exploited a peaceful protest for their personal, but very short-term, gain,” said FBI SAC Eric B. Smith. “The FBI, along with all of our federal, state, and local partners, will not cease in our efforts to bring those responsible for May 30th's carnage to justice.  We continue to review every available photo, video, and social media posting to piece together the violent activity that occurred in Cleveland, and to identify those who had a hand in making it happen."

According to the indictment, on May 30, 2020, Long and Poland drove to the city of Cleveland with the intent to participate in a riot and commit acts of violence.  Long and Poland were arrested near the intersection of East 8th Street, an alleyway, and Huron Avenue in downtown Cleveland, Ohio, in possession of a black backpack containing a hammer, two containers of Sterno Firestarter Instant Flame Gel, a can of spray paint and a glass bottle of liquor with a bar-style pour top.  A Glock semi-automatic firearm and two magazines loaded with ammunition were also located in their vehicle.

On May 31st, The FBI executed a search warrant on iPhones found in the defendant’s vehicle and reviewed messages between Long and Poland that contain statements that demonstrate an intent by Long and Poland to travel from Pennsylvania to Cleveland, Ohio on May 30, 2020, to participate in, promote, encourage, and aid and abet the criminal riots. In these messages, the defendants discuss bringing with them supplies for an incendiary device, looting and rioting.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.

This case is being investigated by the Cleveland Division of the FBI and is being prosecuted by Assistant U.S. Attorney Duncan Brown.

Justin. E. Herdman, U.S. Attorney for the Northern District of Ohio, announced today that a federal grand jury returned a two-count indictment charging Juarvez Whitfield Neeley, 22, of Toledo with interference with commerce by threats or violence and using, carrying, or possessing a firearm during and in retaliation of a crime of violence.

According to the criminal complaint filed in this matter, On March 29, 2020, officers with the Toledo Police Department responded to a report of an armed robbery at the Summit Market on 3740 North Summit Street, Toledo, Ohio. Upon arrival, officers identified two victims that had been shot. The victims claimed that two armed men entered the store and one of the men, later identified as Neeley, approached the counter, demanded money and ultimately shot both victims.

A Toledo Police Officer and numerous tips received identified one of the unknown suspects as Juarvez Whitfield Neeley. On May 15, 2020, Neeley was placed into custody without incident by the United States Marshals Service. The second suspect remains at large.

An indictment is only a charge and is not evidence of guilt.  Each defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum. The investigation preceding the indictment was conducted by the FBI and the Toledo Police Department. The case is being prosecuted by Assistant United States Attorney Matthew D. Simko.

Justin. E. Herdman, U.S. Attorney for the Northern District of Ohio, announced today that a federal grand jury in Cleveland has returned a one-count indictment charging Travone D. Edwards, age 26, of Lorain with one count of interference with commerce by means of robbery.

According to the criminal complaint filed in this matter, on February 28, 2020, a lone suspect, later identified as Edwards, entered the GenFed Financial Credit Union (GFCU) located on Oberlin Ave in Lorain, Ohio. Edwards gave a note to the bank teller demanding that the teller “Put all 50’s and 100’s in the bag, don’t say anything, make a scene, or call the police or I will shoot”. The teller complied, and Edwards fled the scene. Edwards was later identified during the ensuing investigation and was arrested on April 17, 2020, by the FBI and the U.S. Marshals Service Violent Fugitive Task Force on multiple outstanding warrants.

The investigation preceding the indictment was conducted by the FBI with the help of Lorain Police Department, and the matter is being prosecuted by Assistant United States Attorney Scott C. Zarzycki.

An indictment is only a charge and is not evidence of guilt.  Each defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.

Justin E. Herdman, U.S. Attorney for the Northern District of Ohio, announced today that Joseph Kyle Sanders, age 20, of Cleveland, was sentenced to 128 months imprisonment after being found guilty of armed bank robbery and brandishing a firearm during a crime of violence.

According to court documents filed for this case, on June 1, 2018, Sanders entered a Citizen’s Bank in Richmond Heights and threatened to shoot multiple bank employees in the head. Sanders produced a plastic bag and demanded the employees fill it with money. Approximately $14,000 was stolen from the bank.  Once the bag was filled, Sanders fled and ran through a parking lot when a dye pack exploded, causing him to drop the bag. An investigation revealed that Sanders and I’ziah Clark, age, 21, of Cleveland, worked together to aid and abet one another in order to execute the bank robbery.

I’ziah Clark previously plead guilty in this matter to one count of armed bank robbery and was sentenced to 68 months in prison in May 2020.

Sanders was found guilty of a similar offense committed on June 12, 2018, just twelve days after the Citizen’s Bank robbery. In that case, a firearm was also used in the commission of a robbery at a LoanMax in Cleveland Heights.

This case was investigated by the Cleveland Division of the FBI and the Richmond Heights Police Department. This case was prosecuted by Assistant U.S. Attorney Scott Zarzycki and Assistant U.S. Attorney Katheryn Andrachik.

The following are remarks from U.S. Attorney Justin Herdman during a press conference to announce federal charges against two Pennsylvania men that were arrested and charged for traveling to Cleveland to commit acts of violence.

“We are here to announce arrests early this morning of two Erie, Pennsylvania men - Brandon Michael Althof Long and Devon Bryce Poland - for a number of federal offenses, including transporting a firearm or incendiary device in furtherance of civil disorder and conspiracy to use fire or an explosive in furtherance of a federal felony.  Special Agent in Charge Eric Smith will address the particulars of these charges at the moment, but in summary, Althof and Poland travelled to Cleveland from Erie on Saturday, May 30 and, among other items, had in their possession a Glock firearm, a hammer, lighter fluid, and spray paint.  Hardworking members of our office, along with members of the FBI’s Joint Terrorism Task Force, assisted by the US Secret Service and Westlake Police, obtained probable cause to search the cellphones of Althof and Poland, wherein additional evidence was developed.

In short, Althof and Poland were not from here, they arrived with weapons and the ingredients for incendiary devices, the inserted themselves into a Constitutionally protected demonstration in order to advance their own violent purposes, and they were ultimately found in the midst of unprecedented rioting and looting in the streets of Cleveland.  So let me get out in front of any questions as to whether there were out of state agitators who hijacked last weekend’s peaceful protests for their own purposes.  The answer is undoubtedly yes, as seen with respect to today’s arrests

Althof and Poland represent the first two federal arrests stemming from last weekends riots.  And they were, by any definition, riots that disrupted the end of a lawful and peaceful assembly of well-meaning citizens.  We are working on numerous additional investigations associated with those riots, pursuing a number of potential federal charges involving a series of individuals who are responsible for the destruction of our downtown.

The men and women of the U.S. Attorney’s Office, the FBI, and the ATF are part of the Department of Justice.  And what we do through our work, in this district of 6 million residents and across the country, is hold people accountable for their actions.  

We are doing just that with our investigations related to the widespread looting of Cleveland’s downtown.  We are also doing that in other areas of our district, including Toledo. Last weekend, if you burnt a car, broke into a store, or beat somebody up, then we are going to find you and hold you accountable with federal charges as appropriate, or if not, by assisting our county prosecutor partners with state charges.

And our obligation to demand accountability does not stop with those who rioted and looted.  We are still engaged in a consent decree with the Cleveland Division of Police.  Accountability is a huge part of that process, and we intend to engage productively, as we always do, with the city on the events of last weekend.  You will get no disagreement from anyone here on stage - if there was behavior amongst police officers that departed from our very high standards, or establishes a violation of law, then you better believe that they will be held accountable as well.

The voices of the protestors and demonstrators last Saturday, and in several marches this week, echoes not only in our ears, but in our hearts.  I hear you, we all hear you, and I believe that we are all seeking the same thing - accountability, justice, and future days and nights free from fear, anxiety, and victimization.  The people up here are all committed to ensuring that you continue to have the ability to do exactly what the Founders intended: to peaceably assemble, to seek redress of grievances, to petition the government.  We all swore to uphold the Constitution, which means that we swore to uphold your right to do so.  And we will ensure that when you speak, you will be heard.”

Justin E. Herdman, United States Attorney for the Northern District of Ohio, announced today that Brandon Michael Althof Long, age 23, and Devon Bryce Poland, age 22, both of Erie, Pennsylvania were arrested today without incident by law enforcement. Agents from the Cleveland Division of FBI arrested both Long and Poland in Erie, Pennsylvania at approximately 6:00 AM.

Long and Poland were charged via criminal complaint today in a federal court in the Northern District of Ohio on charges of engaging and conspiring to engage in interstate travel with a firearm with the intent to use fire to participate in civil unrest and riot, use of fire to commit a felony, and rioting.

“At the Justice Department, we hold people accountable for their actions,” said U.S. Attorney Justin Herdman. “Mr. Long and Mr. Poland were not from Cleveland. They arrived with weapons and the ingredients for an incendiary device and purposefully inserted themselves into a constitutionally protected protest, with the design to exploit it for their own purposes. We will hold these two accountable for their actions and anyone else who may have violated the law. I believe that we are all seeking the same thing -- accountability, justice, and future days and nights that are free from fear, anxiety and victimization.”

“These two individuals traveled to Cleveland with the sole intent of corrupting what was supposed to be a peaceful protest," said FBI SAC Eric B. Smith "A gun, numerous rounds of ammunition, fire gel, and a hammer are not items consistent with a protest.  These are the tools used by criminals to incite and participate in mayhem.  The FBI will continue to work with our state and local partners and protect our citizen’s right to peacefully protest.  But we will not let people that engage in violence and destruction go unchecked.  These two will have their day in court and as will many others that are responsible for the violent destruction of our city last Saturday."

“Everyone has a constitutional right to freedom of speech, to protest, to bring grievance, to express their concerns to government,” said Cleveland Mayor Frank G. Jackson. “Everyone has a right to peacefully demonstrate and protest, but once there is violence against people or property then we need to take action to protect the safety and well-being of our community and citizens. I want to thank our law enforcement partners for their assistance as we look to address the underlying things that have caused the demonstrations in our city.”

According to the criminal complaint filed in this matter, at approximately 11:55 PM on May 30, 2020, the defendants were spotted by Cleveland Police in a vehicle entering an alleyway at the intersection of East 8th St. and Huron Ave. in downtown Cleveland, Ohio.

Cleveland Police observed a male leave the alleyway and approach their police vehicle. The male was on the streets, in public, during civil unrest, in violation of a mandatory curfew put into place by the public order of the Mayor of the City of Cleveland, which went into effect at 8:00 PM.

Cleveland police approached the male and asked him if he owned the vehicle present in the alleyway. Police observed that the vehicle had a Pennsylvania license plate. Police asked the male to confirm that it was his vehicle and that his identity was Brandon Michael Althof Long. Long confirmed both of these facts. Police detained Long for violation of the curfew order. Cleveland police believed the vehicle to have been involved in criminal activities earlier in the day. Long also confirmed that the vehicle was occupied by another male, Devon Bryce Poland.

Both Long and Poland were searched as well as their vehicle. Found inside the vehicle was a pistol, 17 rounds of ammunition, a hammer, a BB gun resembling a pistol, a red plastic bottle of liquid fire starter, two Apple iPhones, and a bottle of liquor believed to have been looted from a store earlier in the day and other objects.

On May 31st, The FBI executed a search warrant on the iPhones found in the defendant’s vehicle and reviewed messages between Long and Poland that contain statements that demonstrate an intent by Long and Poland to travel from Pennsylvania to Cleveland, Ohio on May 30, 2020, to participate in, promote, encourage, and aid and abet the criminal riots.

In these messages, the defendants discussed specially discuss choosing to travel to Cleveland over Pittsburgh and to bring supplies to make a Molotov cocktail, an incendiary device.

Long and Poland will have their initial appearance this morning at 9:00 AM in U.S. Magistrate Judge Richard Lanzillo’s courtroom.

This case is being investigated by the Cleveland Division of the FBI and is being prosecuted by Assistant U.S. Attorney Duncan Brown and Assistant U.S. Attorney Daniel Riedl.

A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

The Department of Justice announced today that it has awarded approximately $2.3 million in funding to public safety agencies throughout Northern Ohio to help respond to the challenges posed by the COVID-19 pandemic. This funding is available through the Coronavirus Emergency Supplemental Funding Program (CESF), which allows for eligible state, local and tribal governments to support a broad range of activities to prevent, prepare for, and respond to the coronavirus.

“The Justice Department has acted swiftly to help our law enforcement partners throughout Northern Ohio address public safety issues during the COVID-19 pandemic,” said U.S. Attorney Justin Herdman. “This funding will help pay for costs associated with the pandemic such as overtime, medical personal protective equipment, hiring, training and other expenses.”

In the Northern District of Ohio, communities receiving funding via the CESF include:

• City of Cleveland - $1,719,898
• City of Akron - $403,225
• City of Youngstown - $139,227
• Trumbull county - $58,008
• Lorain county - $58,008

For more information about the Coronavirus Emergency Supplemental Funding program, please visit https://bja.ojp.gov/funding/opportunities/bja-2020-18553. For more information about the Office of Justice Programs, please visit https://www.ojp.gov/

Justin E. Herdman, United States Attorney for the Northern District of Ohio, announced today that Jason D. Bivins, age 47, of Akron, was sentenced this week to a term of 97 months imprisonment after pleading guilty to possession with intent to distribute methamphetamine.

According to the indictment filed in this matter, on July 13, 2019, Bivins admitted to possession with intent to distribute approximately 892 grams of a mixture and substance containing methamphetamine.

This case was investigated by the Akron Police Department and the Akron Office of the FBI and was prosecuted by Assistant U.S. Attorney Damoun Delaviz and Henry F. DeBaggis, II.