FEDERAL DISTRICT ARCHIVE
District of South Carolina
Press releases recorded for this federal judicial district.
Georgia Man Sentenced to Prison for Failure to Register as a Sex Offender and Possession of a Firearm by a Convicted FelonRead the Press Release
Columbia, South Carolina---- United States Attorney Sherri Lydon stated today that Marial Watson, age 29, of Columbus, Georgia, was sentenced in federal court in Charleston, South Carolina, for Failure to Register as a Sex Offender and Possession of a Firearm by a Convicted Felon. United States District Judge Richard M. Gergel, of Charleston, sentenced Watson to 78 months imprisonment and 5 years Supervised Release.
Evidence in this case established that in 2013, Watson was convicted in Georgia of Aggravated Assault with Intent to Rape. Due to this sex offense, Watson was required under state and federal law to register as sex offender, and to keep the registration current, in any state where he lived or worked.
In January 2017, Watson moved to South Carolina, but he failed to notify the authorities in Georgia or to register as a sex offender in South Carolina. In addition to his failure to register as a sex offender, Watson was arrested in April 2017 on unrelated charges. During this arrest, police found a loaded 9 mm handgun and 101 rounds of ammunition in Watson’s possession.
The case was investigated by agents from the U.S. Marshals Service and the Bureau of Alcohol, Tobacco, and Firearms and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. Assistant United States Attorney Rhett DeHart of the office prosecuted the case.
#####
South Carolina’s 17th Annual National Day of Concern & Student Pledge Against Gun ViolenceRead the Press Release
COLUMBIA, South Carolina ---- United States Attorney Sherri A. Lydon stated today that on October 17, 2018, the United States Attorney’s Office (USAO), as part of Project CeaseFire, is sponsoring South Carolina’s participation in the annual National Day of Concern and Student Pledge Against Gun Violence. On October 17th, students from around the country will join together in pledging to do their part to end gun violence. Middle-school and high school students will sign a voluntary pledge promising that they will never take a gun to school, will never resolve a dispute with a gun, and will use their influence with their friends to keep them from solving personal problems with guns. Elementary school children will make a simpler commitment. They will pledge that if they see a gun they will not touch it and they will assume that any gun they see might be loaded.
United States Attorney Lydon said, “Our youth is our future and they deserve to be safe, both at school and at home. Through this pledge event, our office is continuing our efforts to reach South Carolina students and teach them the importance of preventing gun violence.” This national event is important as it gives students around the country the chance to make an affirmation of their ability, individually and collectively, to be a powerful force for change.
As it has done since 2002, the USAO reached out to all South Carolina law enforcement agencies and schools to make the pledges available to interested schools. In addition to providing the pledges, the USAO is coordinating with our law enforcement partners to provide speakers to requesting schools. This pledge effort is part of Project CeaseFire. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Schools and law enforcement agencies have until September 28th to register to participate in this event. For more information on how to participate, please see the attached memorandum and request form. For additional information concerning the national pledge program, visit the Student Pledge web site at www.pledge.org .
#####
2018_17th_annual_gun_pledge_memo_002.pdf 2018_certificate_or_speaker_request_002.pdfGreenwood Man Sentenced to 100 Months for Possessing a FirearmRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Tramain R. Anderson, age 28, of Greenwood, was sentenced to 100 months in prison after pleading guilty to being a felon in possession of a firearm, a violation of Title 18, United States Code, Section 922(g). United States District Judge Bruce Howe Hendricks, of Charleston, sentenced Anderson and imposed a three-year term of supervised release.
Evidence presented at the change of plea hearing established that on July 12, 2017, the Greenwood City Police Department received a report that a young woman was possibly being abused at a local motel. Officers went to Room 207, knocked, and encountered Anderson. Police smelled marijuana and Anderson admitted that he had just smoked a joint. The drug evidence gave police probable cause to search the room. Upon entering the room, they located a young female occupant who said she was being held against her will and that she had been beaten by Anderson. She explained that Anderson had a gun and that it was in Anderson’s personal bag sitting on the bed. In the bag, the officers found a Taurus .38 caliber revolver that was fully loaded.
In consultation with local authorities, the U.S. Attorney’s Office agreed to prosecute Anderson for being a felon in possession of a firearm.
The case was investigated by agents of the Greenwood City Police Department and the Federal Bureau of Investigation. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
This case is part of a joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
#####
Eutawville Armed Drug Trafficker Sentenced to Mandatory Life ImprisonmentRead the Press Release
Columbia, South Carolina---- United States Attorney Sherri A. Lydon stated today that Joey Lamont Brunson, a/k/a “Solo Flex,” age 42 of Eutawville, Orangeburg County, South Carolina, was sentenced on all twelve of the charges in his federal indictment by United States District Judge Joseph F. Anderson, Jr. Brunson was convicted at trial earlier this year by a federal jury sitting in Columbia. After just four hours of deliberations, the jury returned verdicts convicting Brunson of being a member of a conspiracy to distribute 5 kilograms or more of cocaine, four counts of use of a cell phone to further drug trafficking, money laundering conspiracy, possession with intent to distribute marijuana and cocaine, felon in possession of a firearm, possession of a firearm in furtherance of drug trafficking, and perjury. Based on his two prior federal felony drug convictions, as well as his instant convictions for conspiracy to distribute cocaine, Brunson was sentenced to a statutory mandatory life sentence (without parole) plus 60 months consecutive for the firearms offenses.
Evidence presented at the trial included numerous wiretap calls between Brunson and his main source of supply Lamario Vincent Wright from June through October of 2013. In the calls, Brunson brazenly discussed beating another conspirator in an effort to recover cocaine that the conspirator had stolen from Wright. Repeatedly in the intercepted calls and texts, Brunson ordered drugs using coded language from his suppliers.
After Brunson was indicted in 2015, agents testified he went on the run and eluded capture by the FBI for almost two years. After receiving a tip from the Navy Federal Credit Union in Summerville, agents learned that Brunson was depositing between $3000.00 and $9000.00 cash regularly at multiple locations in late 2016 and 2017. On March 3, 2017, Summerville Police Officers responded to a call for service from one of the credit unions and arrested Brunson after a brief struggle. Agents searched the silver Suzuki he was driving and located cocaine, crack cocaine, marijuana and two firearms. Bank records proved that Brunson deposited over $90,000.00 in cash in multiple accounts while on the run from the FBI.
Evidence at trial also included testimony and pictures of a $30,000.00 Escalade truck that Brunson bought at the request of his supplier Lamario Wright. Records showed that Brunson used over $20,000.00 in drug money to purchase the truck and that he placed it in his name to hide the fact that the truck actually belonged to his partner Wright.
The case was investigated by agents from the Federal Bureau of Investigation with the assistance of the Summerville Police Department, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Marshal’s Office. The case was prosecuted by Assistant United States Attorneys Will Lewis and J.D. Rowell.
#####
West Columbia Resident Pleads Guilty to Being an Illegal Alien in Possession of a FirearmRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Felix Martinez-Melquisdes, age 35, of West Columbia, South Carolina, has entered a guilty plea in federal court in Columbia, to possessing a firearm while being an illegal alien in the United States, a violation of 18 U.S.C. §§ 922(g)(a)(5)(A), 924(a)(2) and 924(e). United States District Chief Judge Terry L. Wooten of Columbia accepted the guilty plea and will impose sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence was presented at the change of plea hearing to establish that Martinez was prohibited from possessing a firearm as the result of being a Mexican citizen who had entered and was living in the United States illegally. The investigation of Martinez began as the result of email and telephone conversations Martinez had with a girl in Kentucky that he had had a relationship with from 7th to 12th grade. The girl was about to graduate from high school and Martinez wanted to pick her up and take her to South Carolina but she did not want to go. Martinez responded by threatening to attend the graduation and shoot everyone there. This resulted in an arrest warrant for Terrorist Threats being issued in Kentucky. Graduation was scheduled for May 19, 2018 and agents with the South Carolina Law Enforcement Division (SLED) arrested Martinez at his job on May 16. At the time of his arrest Martinez was carrying a loaded Glock .40 caliber pistol. U. S. Attorney Lydon stated the maximum penalty for Illegal Alien in Possession of a Firearm is imprisonment for up to 10 years, supervised release of 5 years and/or a fine of $250,000.
This case was investigated by the Lee County Sheriff’s Office, SLED, the Department of Homeland Security and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. Assistant United States Attorney William E. Day, II of the Columbia office is prosecuting the case.
#####
Robbery Crew Shooter Responsible for Killing Loris, SC Store Owner Sentenced to Fifty-Five Years ImprisonmentRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that yesterday, United States District Judge Brian Harwell sentenced Jonathan Stefan Vanderhorst, age 23 of Tabor City NC, to 660 months (55 years) of incarceration as a result of his convictions for Conspiring to Commit Hobbs Act Robbery, a violation of Title 18 U.S.C. § 1951; Hobbs Act Robbery, a violation of Title 18 U.S.C. § 1951; Felon in Possession of Ammunition, a violation of Title 18 U.S.C. § 922(g); and Discharging a Firearm in Furtherance of a Crime of Violence, a violation of Title 18 U.S.C. § 924(c). In addition to Vandershorst, his co-conspirators, Jim Tracy Miller age 28, and Demetrius Altman age 39, both of Tabor City, NC, were sentenced to 262 months and 168 months respectively for violations of Conspiring to Commit Hobbs Act Robbery, a violation of Title 18 U.S.C. § 1951 and Hobbs Act Robbery, a violation of Title 18 U.S.C. § 1951.
The evidence presented at the guilty plea and sentencing hearings established that on May 3, 2016, Altman drove Miller and Vanderhorst to rob the Clarendon, NC Post Office. Upon arrival, Altman waited in the vehicle and Miller and Vanderhorst entered the Post Office. Vanderhorst jumped the counter, brandished a firearm, and struck the Post Office Clerk, the sole occupant of the post office. Ultimately, Vanderhorst and Miller stole $284.00 and the Clerk’s cell phone and left in Altman’s vehicle.
Thirteen days later, on May 16, 2016, Altman drove Miller and Vanderhorst from Tabor City, NC to Loris, SC to rob the Loris Market and Beverage store. Again, Altman stayed in the vehicle and Vanderhorst and Miller entered the store. The only occupants of the store were the owners, a husband and his wife, both of whom were working behind the checkout counter. After entering, Vanderhorst fired a shot at the female victim, fortunately missing her. Vanderhorst then approached the counter and fired another shot up into the ceiling. Thereafter, the store owner took the money out of the register and passed it to Vanderhorst who took the money handed it to Miller. Vanderhorst then turned and fired two shots, striking and ultimately killing the store owner.
The case was investigated by the Federal Bureau of Investigation, United States Postal Inspection Service, the Horry County Police Department, and the Loris City Police Department and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. Assistant United States Attorneys Will Lewis, Jim May and Special Assistant United States Attorney and Chief Deputy of the Horry County Solicitor’s Office Scott Hixon prosecuted the case.
#####
Myrtle Beach Man Arrested Following Federal Indictment for Felon in Possession of a FirearmRead the Press Release
Florence, South Carolina ------- United States Attorney Sherri A. Lydon announced today that Jadarius Oshar McCray, age 22, of Myrtle Beach, South Carolina, was arrested following a single-count federal Indictment charging felon in possession of a firearm, a violation of Title 18, United States Code, Section 922(g). The maximum penalty McCray could receive is ten years imprisonment. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Myrtle Beach Police Department. The case is assigned to Assistant United States Attorney Lauren Hummel of the Florence office for prosecution.
The United States Attorney stated that all charges in this Indictment are merely accusations and that the defendant is presumed innocent until and unless proven guilty.
#####
Lancaster County Man Pleads Guilty to Federal Drug and Gun ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Lamonta Roberts, age 25, of Lancaster, South Carolina, has entered a guilty plea in federal court in Columbia, to possession with the intent to distribute methamphetamine and cocaine, a violation of 21 U.S.C. § 841(a)(1) and possession of a firearm during a drug trafficking crime, a violation of 18 U.S.C. § 924(c). United States District Chief Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that on May 4, 2017, the Lancaster County SWAT team executed a search warrant at the home that Roberts and his brother shared. The search warrant was for clothing that the brother wore during a robbery. As the officers entered the residence, they saw cocaine in plain view. The officers obtained a second search warrant for the drugs. During their search, the officers found two (2) Glock pistols (one under a pillow on the bed and the other in a safe that also contained cash), narcotics and a digital scale from Roberts’ dresser with his identification. Following his arrest, the police heard Roberts’ state “the police got both of my guns”. Also, Roberts’ girlfriend gave a statement that she later retracted claiming ownership of everything in the house. The drugs were tested and determined to be methamphetamine and cocaine.
Ms. Lydon stated the maximum penalty for these charges is life imprisonment and/or a fine of $1,000,000.
The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives and Lancaster County Sheriff's Department and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. Assistant United States Attorney William K. Witherspoon of the Columbia office is prosecuting the case.
#####
Camden Resident Enters Guilty Plea in Federal Court for Felon in Possession of a FirearmRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Darrin Paul George, age 30, of Camden, South Carolina, has entered a guilty plea in federal court in Columbia, to possessing a firearm after being convicted of a felony, a violation of Title 18 U.S.C. §§ 922(g)(a)(1), 924(a)(2) and 924(e). United States District Cameron McGowan Currie of Columbia accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence was presented at the change of plea hearing established that on July 2, 2017, the Lee County Sheriff’s Office was operating a traffic safety check point in Bishopville when Deputies saw George throw something out of his car as he approached the checkpoint. Further investigation revealed that George had thrown a loaded pistol out of his car. George is prohibited from possessing firearms because he was convict for Armed Robbery in 2008 and Distribution of Cocaine in 2010 and 2011.
U.S. Attorney Lydon stated the maximum penalty for Felon in Possession of a Firearm is imprisonment for a minimum of 15 years up to life imprisonment, supervised release of 5 years and/or a fine of $250,000.
This case was investigated by Agents of the Lee County Sherriff’s Office and the Bureau of Alcohol, Tobacco, and Firearms and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. Assistant United States Attorney William E Day, II of the Columbia is prosecuting the case.
#####
Thomas Lawton Evans Jr. Enters Guilty Plea in Federal CourtRead the Press Release
Charleston, South Carolina --- United States Attorney Sherri A. Lydon announced today that Thomas Lawton Evans Jr., 37, of Boiling Springs, South Carolina, pled guilty to all counts contained in a three count federal indictment. Count One charged Kidnapping Involving a Person Under the Age of 18, a violation of 18 U.S.C. §§ 1201(a)(1) and (g), punishable by a minimum term of imprisonment of 20 years and up to life. Count Two charged Transportation of a Minor to Engage in Sexual Activity, a violation of 18 U.S.C. § 2423(a), punishable by a minimum of 10 years imprisonment and up to life. Count Three charged Aggravated Sexual Abuse of a Person under the age of Twelve, a violation of 18 U.S.C. § 2241(c), punishable by a minimum term of imprisonment of 30 years and a maximum sentence of life. United States District Court Judge David Norton will sentence Evans at a later date.
Facts presented at Evans’ guilty plea hearing established that Evans followed a family into their Johns Island, South Carolina, home on February 13, 2018 and brutally assaulted and injured an adult resident and kidnapped her four-year-old daughter. Evans then took the child to Alabama, where the child was recovered by the Riverside Police Department. Evans was arrested later the same day in Jackson, Mississippi, after a police pursuit.
The convictions are the result of an investigation conducted by the Federal Bureau of Investigation and Charleston Police Department. Assistant United States Attorneys Nathan Williams and Nick Bianchi are prosecuting the case.
#####
Gaffney Man Sentenced on Federal Firearm ChargeRead the Press Release
Greenville, South Carolina ---- United States Attorney Sherri A. Lydon stated that Steven Ray Garner, age 44, of Gaffney, was sentenced in federal court to 60 months imprisonment with 3 years of supervised release to follow. Garner previously pled guilty to felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). United States District Judge Bruce H. Hendricks imposed the sentence.
Evidence presented in court established that on January 22, 2017 a deputy with the Cherokee County Sheriff’s Office was on routine patrol and noticed Garner and another individual sitting in a vehicle parked in front of a vacant house. The deputy recognized the person in the passenger seat as someone with outstanding warrants and took that individual into custody.
The deputy then patted down Garner to check him for weapons. During that search, the deputy located a loaded Colt .357 magnum in Garner’s waistband. A check of NCIC revealed that the gun had been reported stolen out of Spartanburg County. Garner was also found to be in possession of a small amount of methamphetamine.
Further NCIC check revealed that Garner had been previously convicted of second degree burglary (violent) in 2002 and manufacturing methamphetamine in 2012 and was thus prohibited under federal law from possessing firearms and ammunition.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Cherokee County Sheriff’s Office and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. Assistant United States Attorney Sloan Ellis of the Greenville office prosecuted the case.
#####
Newberry Felon Sentenced to 327 Months Imprisonment for Possessing a Firearm in Furtherance of Distribution of Crack CocaineRead the Press Release
Columbia, South Carolina---- United States Attorney Sherri A. Lydon stated that Javis Royale Wise, age 29, of Newberry, was sentenced in federal court in Greenville for Possession of a Firearm in Furtherance of a Drug Trafficking Crime, in violation of Title 18 U.S.C. § 924(c). United States District Judge Bruce Howe Hendricks, of Charleston, sentenced Wise to 327 months imprisonment and 5 years supervised release.
Evidence presented at the change of plea and sentencing hearings established that in the Spring of 2016, Wise made numerous sales of crack cocaine from his residence in Newberry, South Carolina. Newberry Police Department, Newberry Sheriff’s Office, and SLED executed a search warrant at the home in July of 2016. Law enforcement recovered crack cocaine, drug paraphernalia, over 50 rounds of ammunition, and a stolen, loaded Hi-Point 9mm handgun. Wise had numerous prior convictions including Robbery, Assault Upon an Employee of a Correctional Facility, Assault and Battery First Degree, Assault and Battery Second Degree, Distribution of Crack Cocaine, Resisting Arrest, and Unlawful Carrying of a Weapon.
The case was investigated by ATF, the Newberry Police Department, Newberry Sheriff’s Office, and SLED. Assistant United States Attorneys Jamie Lea Schoen prosecuted to case.
#####
Justice Department Announces Fourth Settlement Protecting U.S. Workers from DiscriminationRead the Press Release
NOTE: The settlement agreement can be found here.
WASHINGTON – The Justice Department today reached a settlement agreement with Palmetto Beach Hospitality LLC (Palmetto), a company that provides housekeeping services to hotels in the Myrtle Beach, South Carolina area. The agreement resolves the Department’s investigation into whether Palmetto unlawfully denied employment to qualified and available U.S. workers because it preferred to hire temporary foreign workers with H-2B visas. It is the fourth settlement under the Civil Rights Division’s Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement actions against companies that discriminate against U.S. workers in favor of temporary visa workers.
The Department’s investigation determined that Palmetto failed to consider applications from qualified U.S. workers for its housekeeper positions, even though employers are required to recruit and hire available and qualified U.S. workers before they receive permission to hire temporary foreign workers under the H-2B visa program. After ignoring applications from U.S. workers, Palmetto represented to the U.S. Department of Labor (DOL) that it could not find qualified U.S. workers and obtained authorization to employ temporary visa workers.
“The Department of Justice will fight to ensure that U.S. workers are not denied jobs because an employer has a discriminatory preference for hiring temporary visa workers,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “I commend Palmetto for its cooperation with the Department’s investigation, and its agreement to engage in domestic recruitment efforts far surpassing the minimal recruiting requirements to participate in the H-2B visa worker program.”
Failing to consider or hire qualified U.S. workers based on their citizenship status violates the anti-discrimination provision of the Immigration and Nationality Act (INA), regardless of whether an employer has complied with other rules governing the use of temporary employment-based visa programs.
Under the settlement, Palmetto must engage in several types of enhanced recruiting and job advertising efforts to attract qualified U.S. workers, far beyond those required by the H-2B visa rules. Palmetto also must set aside $35,000 to pay any wages lost by U.S. workers whose applications it improperly rejected or ignored, pay $42,000 in civil penalties to the United States, and be subject to departmental monitoring.
Under the Protecting U.S. Workers Initiative, the Civil Rights Division has opened dozens of investigations, filed one lawsuit, and reached settlement agreements with four employers. Since the Initiative’s inception, employers have agreed to pay or have distributed over $320,000 in back pay to affected U.S. workers. The Division has also increased its collaboration with other federal agencies, including a new formalized partnership with DOL to combat discrimination and abuse by employers using foreign visa workers.
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
More information on how employers can avoid unlawful citizenship status discrimination is available here. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email IER@usdoj.gov; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
Applicants or employees who believe they were subjected to: discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
# # #
Greenville Man Sentenced on Federal Firearm ChargeRead the Press Release
Greenville, South Carolina ---- United States Attorney Sherri A. Lydon stated that Travis Lamond Simpson, age 36, of Greenville, was sentenced in federal court to 70 months imprisonment with 3 years of supervised release to follow. Simpson previously pled guilty to felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). United States District Judge Timothy M. Cain imposed the sentence.
Evidence presented in court established that on September 21, 2017, an officer with the Greenville Police Department was patrolling the area of 207 Shaw Street near Rutherford Road and Pete Hollis Boulevard, when the officer detected the odor of marijuana emanating from several individuals loitering on the sidewalk. After stopping to investigate, Simpson told the officer that he had a small amount of cocaine base in his pocket. Other officers soon arrived, and Simpson was arrested without incident on the state charge of possession of cocaine base. While clearing the area, the officers then located a loaded Phoenix Arms .22 caliber semi-automatic pistol in Simpson’s nearby vicinity. Simpson initially denied ownership of the pistol; however, diligent investigative work days later uncovered jail phone calls between Simpson and a third party, in which Simpson indicated ownership of the firearm.
Simpson is prohibited under federal law from possessing firearms and ammunition based upon prior state and federal convictions. Simpson has prior state convictions for possession of cocaine base (2002) and breaking into a motor vehicle (two counts, 2003). Simpson also has a prior federal conviction for use or carry of a firearm during a drug trafficking crime (2006).
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Greenville Police Department and was prosecuted as part of Project CeaseFire – a joint federal, state, and local initiative focused on aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Special Assistant United States Attorney Justin Holloway with the 13th Circuit Solicitor’s Office prosecuted the case.
#####
Fifth Circuit Solicitor and Director of Communications Indicted for FraudRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Daniel Edward Johnson, age 47, Fifth Circuit Solicitor a resident of Blythewood, and Nicole Halliett Holland, age 49, Director of Communications a resident of Columbia, were charged in a 26-count Indictment by a Grand Jury in Columbia for Wire Fraud, a violation of Title 18, United States Code, § 1343; Mail Fraud, a violation of Title 18, United States Code, § 1341; Conspiracy to Commit Wire & Mail Fraud, a violation of Title 18, United States Code, § 1349; and Theft of Federal Funds, a violation of Title 18, United States Code, § 666.
Ms. Lydon stated the penalty faced by the Defendants for violations of Title 18, United States Code, §§ 1341, 1343, and 1349 is imprisonment not exceeding twenty years, with a potential fine up to $250,000. The penalty faced by the Defendants for a violation of Title 18, United States Code, § 666 is imprisonment not exceeding ten years, with a potential fine up to $250,000.
The Federal Bureau of Investigation (FBI) and South Carolina Law Enforcement Division (SLED) investigated the case. Assistant United States Attorneys Winston D. Holliday, Jr., Alyssa L. Richardson, and William C. Lewis of the Columbia office are prosecuting the case.
A copy of the Indictment is attached to this email.
The United States Attorney stated that all charges in the indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
#####
163110130790.pdfRock Hill Man Sentenced to 150 Months on Federal Firearm and Drug ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Zadgery Collins McNeil, age 32, of Rock Hill, was sentenced in federal court to a total of 150 months imprisonment, to be followed by 4 years of supervised release. McNeil plead guilty earlier this year to felon in possession of a firearm and ammunition and possession with intent to distribute marijuana, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2) and Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(D), and 851. Chief United States District Judge Terry L. Wooten of Columbia imposed the sentence, which consisted of 100 months imprisonment on the firearm charge and a consecutive 50 months imprisonment on the marijuana charge.
Evidence presented in court established that at approximately 1:25 pm on December 6, 2016, Rock Hill Police Department received numerous 911 calls regarding a shooting on Jones Avenue, at McNeil’s residence. Investigation revealed that individuals were shooting at McNeil, when he went around the corner of the house and came back with a handgun. Thereafter, the other individuals fled from the scene in an SUV and McNeil fled in his car. An officer responding to the shooting encountered McNeil’s car at the intersection of South Stonewall Street and Arch Drive. The officer observed McNeil step out of his car, fire a handgun several times at an SUV that was approaching, and then speed away. Officers attempted a traffic stop and McNeil pulled into the driveway of a residence. McNeil bailed from his car, which then crashed into the porch of the house. A footchase ensued during which McNeil threw down the handgun. McNeil ran into a nearby home and the residents, who had children in the home, alerted law enforcement. McNeil was placed under arrest a short time later and officers recovered $550 and the discarded loaded Smith and Wesson .40 caliber handgun. A search of McNeil’s vehicle revealed approximately 348 grams of marijuana and a spent shell casing along with other items linked to McNeil.
McNeil is prohibited under federal law from possessing firearms and ammunition based upon his prior separate South Carolina state convictions for possession of crack cocaine (2006), assault and battery of a high and aggravated nature (2007), possession with intent to distribute marijuana (2012), possession with intent to distribute marijuana near a park (2014), and distribution of marijuana 2nd offense (2014). At the time of the instant offense, McNeil was on state probation for a North Carolina conviction for possession of a firearm by a felon (2014).
The case was investigated by the Federal Bureau of Investigation (FBI) and the Rock Hill Police Department and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
#####
Columbia Man Sentenced to 15 Years on Federal Firearms ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Marcus Terrelle Marsh, age 34, of Columbia, was sentenced in federal court to 180 months imprisonment (15 years) with 3 years of supervised release to follow. Marsh plead guilty earlier this year to felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e). Chief United States District Judge Terry L. Wooten, of Columbia, imposed the sentence after determining that Marsh was an armed career criminal based upon his extensive prior record.
Evidence presented in court established that on July 25, 2017, at approximately 5:50 pm, an officer with the Benedict College Police Department was on patrol when he observed a black male, later identified as Marsh, walking on the sidewalk of the 2600 block of Elmwood Avenue in front of the Benedict College Business Development Center, approaching Two Notch Road. The officer observed Marsh, who was clad in jean shorts and a white t-shirt, wearing a GPS ankle monitor on his lower leg and noticed what appeared to be a handgun on Marsh’s right hip area underneath the t-shirt. After the officer pulled his car around, Marsh turned and walked in the opposite direction, stopping on the porch of a nearby home[1]. When approached by the officer, Marsh refused a patdown and ran. As Marsh began to flee, the officer’s body cam footage showed the firearm on Marsh’s right hip area. The officer gave chase and observed Marsh discard the firearm. Marsh was apprehended and the firearm was recovered. Marsh provided the officer with his brother’s name, but his identity was later discovered.
Marsh is prohibited under federal law from possessing firearms and ammunition based upon his prior state convictions. Marsh has prior state convictions for unlawful carrying of a weapon, possession of crack cocaine, resisting arrest/assault on an officer while resisting arrest, failure to stop for blue light and siren (3 separate convictions), possession with intent to distribute crack cocaine (2 separate convictions), possession with intent to distribute marijuana within the proximity of a park, possession with intent to distribute marijuana 2nd offense (2 separate convictions), trafficking crack cocaine, possession with intent to distribute crack cocaine within proximity of a park, and possession with intent to distribute ecstacy 2nd offense.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Benedict College Police Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
#####
[1] The resident later advised officers that they did not know Marsh.
Six Illegal Aliens Guilty in Federal Court of Social Security Number FraudRead the Press Release
Columbia, South Carolina –------- United States Attorney Sherri A. Lydon announced today that six individuals, illegally in the United States, entered pleas of guilty before District Judge Donald C. Coggins, Jr., in Spartanburg, South Carolina. The names of the Defendants are as follows:
From Honduras:
Luis Alberto Isaguirre-Cortes
Jose Santos Martinez
Noe De La Cruz Galvez-Munguia
From Guatemala:
Fredin Orlando Cordon-Gonzalez
Julio Cesar Rojas Vasquez
Josue Eduardo Maas-Aparicio
Each Defendant entered a plea of guilty to one count of using a false Social Security number in order to acquire health insurance in violation of Title 42, United States Code, Section 408. Sentencing will occur after the preparation of a Presentence Report by the United States Probation Office. Each Defendant faces a possible sentence of up to five (5) years in prison.
At the guilty plea hearing Assistant United States Attorney David C. Stephens advised the Court that in the course of a wide ranging investigation the personnel records of the Defendants’ employer were reviewed. During this review it was discovered that the six were working under false Social Security numbers and that using these numbers each had applied for and received health insurance. Stephens declined to go further in to details of the referenced investigation. Stephens further advised the Court that each of the six Defendants were cooperating with the Government concerning their employment and their use of false Social Security numbers.
USA Lydon stated that the case had been investigated by agents from the Department of Labor, Department of Transportation, and ICE-Homeland Security Investigations and she commended all of them for their hard work and close cooperation and support for each other.
#####
Columbia Man Sentenced on Heroin and Firearm ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Abdullah Jabbar Aquil, a/k/a “Wap,” age 42, of Columbia, was sentenced in federal court to 92 months’ imprisonment to be followed by 6 years of supervised release. Aquil plead guilty in January to possession with intent to distribute heroin and felon in possession of a firearm and ammunition, all in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and 851 and Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). United States District Judge Mary Geiger Lewis, of Columbia, imposed the sentence and ordered that it run consecutive to a 24 months’ imprisonment sentence Aquil is currently serving.
Evidence presented in court established on February 3, 2017, after making several controlled buys of heroin from Aquil, deputies with the Richland County Sheriff’s Department executed a state search warrant upon one of Aquil’s residences. Inside they found a Glock .40 caliber firearm, ammunition, and digital scales. A further search of Aquil’s vehicle revealed a little over 9 grams of heroin.
Aquil is prohibited under federal law from possessing firearms and ammunition based upon his prior state convictions and a prior federal conviction. Aquil has prior state convictions for possession of cocaine, possession of pistol by person under 21 years of age, carrying pistol unlawfully (two separate counts), distribution of cocaine, criminal domestic violence, possession with intent to distribute marijuana 2nd offense, possession of stolen pistol, and possession of crack cocaine 2nd offense. At the time of the incident, Aquil was on federal supervised release for a 2009 federal conviction for felon in possession of a firearm and ammunition, for which he previously served 70 months’ imprisonment. Aquil’s federal supervised release was revoked in May 2017, and he is currently serving 24 months’ term of imprisonment for that revocation. Today’s sentence will run consecutive to that term of imprisonment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) and the Richland County Sheriff’s Department and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
#####
Spartanburg Man Sentenced to over 17 Years in Federal Prison for Drug Trafficking Resulting in DeathRead the Press Release
Columbia, South Carolina ------ United States Attorney Sherri A. Lydon announced today that Tory Ray Watkins, age 40, of Spartanburg, was sentenced in federal court in Anderson for distribution of controlled substances. United States District Judge Timothy M. Cain, of Anderson, sentenced Watkins to 210 months in federal prison followed by 6 years supervised release.
Evidence presented at the change of plea hearing and sentencing hearing established that on September 24, 2016, Spartanburg Police officers were on routine patrol when they observed Tory Watkins driving a white van. Officers confirmed that Watkins had a suspended driver’s license, then initiated a traffic stop on the vehicle. Watkins was detained and gave consent to search his person. Officers found a small plastic baggie in his right change pocket containing a tan substance. This substance was submitted to the Spartanburg County Sheriff’s Office Crime Lab for analysis. This was determined to be .43 grams of fentanyl.
On May 26, 2017, Investigators with the Spartanburg Police Department met with a confidential, reliable, informant, to discuss the purchase of U-47700, also commonly referred to as “pink”, from Watkins. The informant, acting under the direction of law enforcement, placed a consensual recorded telephone call to Watkins. Watkins instructed the informant during the phone call to meet at a location in Spartanburg. The informant next began travelling to the aforementioned meet location and was contacted by Watkins telephonically who informed the informant that they would need to travel with Watkins to another location in Spartanburg in order to complete the purchase of “pink”. After arrival at the other location, the informant gave Watkins the recorded US currency and Watkins walked to an unknown apartment. A short while later, Watkins was observed by members of law enforcement walking back to and entering the informant’s vehicle. Watkins provided the informant with the purchased product once inside the vehicle. The informant was next followed to a pre-determined location where they turned over a quantity of substance believed to be U-47700 or “pink” to Spartanburg Police Department. The substance purchased from Watkins was submitted to the Spartanburg County Sheriff’s Office (SCSO) for further testing and chemical analysis. The SCSO lab report indicated that Ketamine, Tramadol, and Fentanyl were all discovered in the substance that Watkins sold to the informant.
On June 29, 2017, investigators with the SCSO met with an informant working at the direction of the SCSO to make a controlled purchase of heroin from a subject known to the informant as “Chewy.” The informant was searched both before and after the controlled purchase with negative results. The informant was equipped with a recording device and provided with US Currency to facilitate the purchase. The buy took place at a restaurant parking lot on Reidville Road in Spartanburg. The informant returned with a clear plastic bag containing a brown powder substance. The informant was shown a photo of Watkins and confirmed that Watkins was the individual from which the informant made the controlled purchase. The powder was tested by the SCSO Crime lab and was confirmed to be .36 grams of heroin.
On June 29, 2017, deputies with the SCSO received a call about an unconscious individual in a roadway. The person died as a result of a drug overdose. The boyfriend of the individual told deputies that he knew the heroin the individual ingested prior to their death came from Watkins.
The case was investigated by agents of the Spartanburg Police Department and the Spartanburg County Sheriff’s Office. Special Assistant United States Attorney Jennifer Wells of the Greenville office prosecuted the case.
#####
Lexington Man Sentenced to 70 Months in Federal Prison After Pleading to Firearm and Ammunition ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Brandon Shane Kolesar, age 30, of Lexington, was sentenced in federal court to 70 months imprisonment, to be followed by 3 years of supervised release. Kolesar plead guilty in May to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). Senior United States District Judge Cameron McGowan Currie, of Columbia, imposed the sentence.
Evidence presented in court established that on the evening of March 29, 2018, deputies with the Lexington County Sheriff’s Department responded to a call about someone breaking into cars. Upon arriving at the scene, witnesses said they observed a man, later identified as Kolesar, attempting to get into a vehicle. When confronted by the men, Kolesar presented a handgun and threatened to “blow their brains out”. Deputies searched the area and found Kolesar on a porch of a residence. As deputies approached, Kolesar ran and a .380 caliber handgun fell from his waistband. Deputies recovered the firearm and later apprehended Kolesar through the use of a K-9. A search incident to arrest also revealed approximately 25 grams of marijuana on Kolesar. Kolesar was arrested on state charges and thereafter, a federal arrest warrant and complaint was issued.
Kolesar is prohibited under federal law from possessing firearms and ammunition based upon his prior state convictions, which include convictions for burglary 2nd degree (three separate counts)(2006), ill treatment of animals, where he shot and killed a homeowner’s dog during a burglary of a dwelling (2006), pointing and presenting a firearm (2014), and assault and battery 2nd degree (2014). At the time of the current offense, Kolesar was on state probation, stemming from a September 2017 state conviction for unlawful carrying of a firearm.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Lexington County Sheriff’s Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
#####
Department of State Contractor Sentenced to 30 Months in Prison for Theft of Government FundsRead the Press Release
Charleston, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Mauricio Andulo Hidalgo, age 43, of Costa Rica, was sentenced to a term of 30 months in prison by the United States District Court in Charleston for stealing from the United States Government.
Hidalgo previously pled guilty to Theft of Government Funds, a violation of 18 U.S.C. § 641. United States District Judge Patrick Michael Duffy, of Charleston, imposed the sentence, which also includes three years of supervised release and mandatory restitution.
Evidence presented at a change of plea hearing established that Hidalgo used his position as President of SafetyPay-Central America to steal over $293,832 of government funds that were supposed to be transferred to a bank account maintained by the Department of State's Global Financial Services Center in Charleston. SafetyPay-Central America had been hired as a subcontractor to handle the processing of visa application fees for the United States Embassy in Costa Rica. As part of the scheme, Hidalgo diverted the funds from a SafetyPay bank account in Costa Rica to another Costa Rican account under his sole control.
The case was investigated by special agent Katherine Kovacek of the Department of State/Office of Inspector General, which is led by Inspector General Steve A. Linick. Assistant United States Attorneys Marshall "Matt" Austin and Nathan Williams both of the Charleston Office prosecuted the case.
#####
Rock Hill Gang Member Man Pleads to Federal Firearm ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Kenterius Dyshae Hinton, age 24, of Rock Hill, plead guilty in federal court to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). Chief United States District Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose sentence after he has reviewed the presentence report, which will be prepared by the United States Probation Office.
Evidence presented in court established that on November 29, 2017, at approximately 11:21pm, officers with the Rock Hill Police Department were on patrol in an unmarked patrol car when they observed a car, using their high beam front headlights, coming towards them. A traffic stop was conducted and Hinton found to be the driver. Officers smelled marijuana as they approached the car and when they asked Hinton, a known gang member, and the passenger about it, they stated that they had smoked marijuana earlier and that the odor was on their clothes. A search of car revealed a loaded Taurus .45 caliber handgun underneath the center console, a loaded Smith and Wesson .45 caliber handgun underneath the passenger seat, and a marijuana grinder with marijuana residue. Both Hinton and the passenger were arrested on state charges of unlawful carrying of a firearm and advised of their rights. After waiving their rights, Hinton admitted that the “black gun was mine” [the Taurus .45 caliber] and the passenger admitted that the silver gun [the Smith and Wesson .45 caliber] was his gun.
Hinton, who was on state probation at the time of the instant offense, is prohibited under federal law from possessing firearms and ammunition based upon prior state convictions for burglary 2nd degree, possession of a weapon during a violent crime, and attempted armed robbery. The passenger was not a convicted felon, so his firearm charge remained in state court.
Hinton faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on the felon in possession of a firearm and ammunition charge.
The case was investigated by the Federal Bureau of Investigation (FBI) and the Rock Hill Police Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorneys Stacey D. Haynes and Alyssa Richardson both of the Columbia office handled the case.
#####
Previously Deported Alien Sentenced to 108 Months for Possession of Military-Style Semiautomatic RifleRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Luis Cenobio Barrera, age 24, of Tamaulipas, Mexico, was sentenced to 108 months in prison after pleading guilty to being a felon in possession of a firearm, a violation of Title 18, United States Code, Section 922(g). Senior United States District Judge Henry M. Herlong, of Greenville, sentenced Barrera and imposed a three-year term of supervised release.
Evidence presented at the change of plea hearing established that on January 26, 2018, the Greenville Police Department (GPD) received multiple calls for assistance regarding a firearm-related disturbance that originated at a gas station located on S. Pleasantburg Drive, Greenville, S.C. The suspect in the incident was a Hispanic male, subsequently identified as Barrera, who possessed a handgun during the disturbance. The investigation identified Barrera as driving a dark Mazda sedan that was later located in a parking lot on Webster Road in Greenville.
Officers approached the black Mazda 6, which was backed into a handicap parking spot. The Mazda had dark window tint that precluded officers from seeing into the vehicle. As officers approached, Barrera jumped from the vehicle, ignored commands to stop, and fled the area. Officers then established a perimeter around the area and attempted to track and locate Barrera using a K-9, without success.
In the Mazda 6 from which Barrera fled, GPD officers observed an olive drab green and black in color, military style rifle wedged between the front passenger seat and center console of the vehicle.
Based on the information provided by GPD, the Department of Homeland Security identified Barrera as a citizen of Mexico who had been previously removed from the United States on multiple occasions. The prior crimes that led to his first removal were conspiracy robbery with a dangerous weapon, in violation of North Carolina General Statute § 14-87 and discharge of a weapon into an occupied property, in violation of North Carolina General Statute § 14-34.1(a). Following service of a state prison sentence, Barrera was removed to Mexico on May 28, 2013.
At some point, he returned to the United States without permission and on January 17, 2016, Barrera was arrested in Charlotte by local authorities for carrying a concealed weapon, possession of a firearm by a convicted felon, and hit and run. On October 21, 2016, Barrera was convicted of illegal reentry in the United States, served a sentence, and on March 2, 2017, Barrera was removed from the United States to Mexico afoot at Brownsville, Texas.
At some point, Barrera returned to the United States without permission and obtained a FEG Model SA 2000 7.62 mm rifle that he had in his possession when Greenville police officers encountered him in the Mazda. He was ultimately arrested on the weapons charges after fleeing to Charlotte, North Carolina, and was returned to Greenville where his case was adjudicated by Judge Herlong.
Assistant United States Attorney Bill Watkins of the Greenville office handled the case, which was investigated by the Department of Homeland Security/Office of Investigations, the bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Marshals Service, and the Greenville Police Department and prosecuted as part of the joint federal, state and local Operation “Real Time,” which seeks to fast track armed recidivists for federal prosecution. Operation “Real Time” is a part of the Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
#####
Orangeburg Man Pleads to Federal Firearm Charge Stemming from Shooting of OfficersRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Eugene Jonathan James, age 20, of Orangeburg, plead guilty in federal court to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). United States District Judge J. Michelle Childs, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the United States Probation Office.
Evidence presented in court established that at approximately 12:36am on May 27, 2017, officers with the Cayce Department of Public Safety were running radar on Knox Abbott Drive when they observed a car traveling 15-20 mph over the speed limit. After activating their blue lights and siren in an attempt to conduct a traffic stop, a chase ensued across the Blossom Street Bridge into Columbia. At one point, the driver of the car appeared to stop, but when officers approached, the car sped off again. Ultimately, the car stopped near the Riverwalk and the sole occupant/driver, later identified as James, fled on foot, disregarding officers’ commands for him to stop. James fled into the woodline off the Riverwalk and assumed a crouched position, which appeared to the officers to be lying in wait for them. After threatening to use his taser to get James to comply, one officer heard gunshots and felt pain. That officer, who was wearing a bulletproof vest, was shot in the chest and leg and the other officer was shot in his leg. Officers returned fire and called for backup assistance.
Responding officers located James in the woodline with a .40 caliber Smith and Wesson lying at his feet. James had also been shot. Further investigation revealed that the car driven by James had been stolen during a carjacking in Orangeburg on May 14, 2017. The serial number of the firearm had been burned in an attempt to obliterate it; however, law enforcement was able to restore the serial number and determined that it had been stolen during the theft of a car in Orangeburg on May 15, 2017. A ballistics examination of the firearm matched it to the fired bullet recovered from one of the officer’s bulletproof vest and to a May 16, 2017, shooting incident in Orangeburg.
James is prohibited under federal law from possessing firearms and ammunition based upon an April 2017 Orangeburg conviction for burglary 3rd degree for which he received a probationary sentence. At the time of the instant offense, James was on state probation and out on state bond for an unrelated Richland County state charge stemming from a March 2017 incident.
James faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on the felon in possession of a firearm and ammunition charge.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Cayce Department of Public Safety, the Columbia Police Department, and the South Carolina State Law Enforcement Division (SLED) and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
#####
Holly Hill Area Men Plead Guilty to Conspiracy to Smuggle WildlifeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Joseph Logan Brooks, age 29, formerly of Holly Hill, Matthew Tyler Fischer, age 25, of Holly Hill, and Matthew Harrison Kail, age 30, of Pomona Park, Florida, pled guilty to Conspiracy to Smuggle Wildlife, a violation of Title 18, United States Code, § 371. William Fischer, age 48, of Harleyville, pled guilty to Wildlife Trafficking, a violation of Title 16, United States Code, § 3372(a), a misdemeanor. Senior Judge Joseph F. Anderson, Jr., accepted the pleas and will sentence the defendants at a later date.
Evidence presented at the hearing established that the four participated in a syndicate of wildlife smugglers exchanging turtles protected by international agreements back and forth between the United States and China. The conspiracy was led by Steven Baker, age 38, of Holly Hill, who pled guilty in June 2018. The activity took place from January through June 2016. Baker obtained protected turtles from Hong Kong to distribute here in the United States, and he shipped protected turtles from the United States to Asia. Brooks accepted delivery of international packages containing protected turtles. Matthew Fischer gave Baker access to his bank account to receive international wire transfers of funds. Kail provided, bought, and sold protected turtles. William Fischer negotiated for the purchase of two protected turtles.
The transactions were set up using the Facebook text messaging feature. Shipments were made internationally through the United States Postal Service. Several packages were intercepted entering the United States at John F. Kennedy International Airport
The maximum penalty faced by Brooks, Matthew Fischer, and Kail is imprisonment for five years, with a potential fine up to $250,000. The maximum penalty faced by William Fischer is imprisonment of one year and a fine of $10,000.
The United States Fish and Wildlife Service, the United States Postal Inspection Service, and the South Carolina Department of Natural Resources investigated the case. Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.
#####
Seven Men Sentenced for Their Roles in an International Child Exploitation Crowdsourcing ConspiracyRead the Press Release
Seven men from around the country were sentenced today and yesterday for participating in an international child pornography production conspiracy, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Sherri A. Lydon of the District of South Carolina, and Special Agent in Charge Alphonso “Jody” Norris of the FBI Columbia, South Carolina Field Office.
“Today’s sentencings involve another example of a disturbing and reprehensible new trend: the ‘crowdsourcing’ of child exploitation,” said Assistant Attorney General Benczkowski. “Through malicious trickery and technical sophistication, these men worked together over the course of many months pretending to be minor boys and girls in order to target and entice vulnerable minor girls–some as young as 10 years old–into producing child pornography. Thanks to the tremendous efforts of the prosecutors and agents who worked on this case, these defendants will spend many years in prison, and their victims–more than 91 identified to date– have received some measure of justice for the trauma done to them.”
“This case illustrates that even sophisticated technological means will not protect predators online from being brought to justice,” said U.S. Attorney Lydon. “The arrest and prosecution of perpetrators who commit these heinous acts of violence will continue to be a high priority of the U.S. Attorney’s Office in South Carolina, and I commend the investigators who spent endless hours on this important case.”
“These crimes are especially disturbing and it is very satisfying to see the results of the hard work of our special agents,” said FBI Special Agent in Charge Norris. “The FBI in South Carolina will remain vigilant and continue our active role in the national strategy to ensure children are protected.”
U.S. District Judge Richard M. Gergel for the District of South Carolina imposed the following sentences:
- Brandon Gressette, aka “Samisbae,” 33, a restaurant cook of Summerville, South Carolina, was sentenced to serve 40 years in prison, followed by a lifetime of supervised release. He pleaded guilty on Sept. 29, 2017.
- James Thomas Gersky, aka “Hesh,” 35, a temporary agency employee of Grand Rapids, Michigan, was sentenced to serve 30 years in prison, followed by a lifetime of supervised release. He pleaded guilty on Oct. 25, 2017.
- Steven Fox, aka. “Steam,” 40, an unemployed resident of Elkridge, Maryland, was sentenced to serve 30 years in prison, followed by a lifetime of supervised release. He pleaded guilty on Sept. 28, 2017.
- Sean Ellis, aka. “Jeffery,” 44, a data protection specialist of Kennesaw, Georgia, was sentenced to serve 30 years in prison, followed by a lifetime of supervised release. He pleaded guilty on Sept. 28, 2017.
- Michael Augustin, aka. “Rand,” 45, a computer engineer of Fort Collins, Colorado, was sentenced to serve 25 years in prison, followed by a lifetime of supervised release. He pleaded guilty on Oct. 12, 2017.
- Dejan Becovic, aka “DryAids,” 24, a utilities locator of West Vallen City, Utah, was sentenced to serve 20 years in prison, followed by a lifetime of supervised release. He pleaded guilty on Oct. 20, 2017. Becovic also previously pleaded guilty in the District of Utah to receipt of child pornography, and on Oct. 18, 2017 was sentenced to 15 years in federal prison for the Utah conviction.
- Jonathan Cripe, aka “Terp,” 29, a security system installer of Imperial, Missouri, was sentenced to serve 18 years in prison, followed by a lifetime of supervised release. He pleaded guilty on Aug. 8, 2017.
All defendants were ordered to pay $10,000 to one victim and $98,715 to another victim in restitution, jointly and severally. Gressette was additionally ordered to pay $2,000 in restitution to two victims. Fox was additionally ordered to pay $5,000 in restitution to two victims and Cripe was additionally ordered to pay $2,500 in restitution to two victims. Augustin was also ordered by Judge Gergel to pay a fine in the amount of $100,000.
According to court documents, between July 2014 and April 2015, these defendants and other co-conspirators outside the United States utilized a website that was specifically designed to help the group target and sexually exploit minor females. The website was password-protected, and only vetted individuals could become members. The members of the website worked together to identify social media profiles of girls, including girls as young as 10, and strategized regarding how to convince the girls to engage in sexually explicit activity via live web camera. Typically, while pretending to be minor boys and girls, the defendants streamed pre-recorded videos of other underage girls engaging in similar conduct to their target-victims in an effort to trick the girls into believing they were watching a live video of someone their own age. Using peer-pressure, the members convinced the victims to engage in sexually explicit activity. The victims were unaware that they were actually communicating with adult men who were recording their sexually explicit activity. After successfully recording a victim’s sexually explicit activity, the defendants would share the videos with each other by uploading the files to a file-storage site and placing a link to download the file on a section of their members-only website. To date, 91 victims from 28 states and Canada have been positively identified.
Six of the co-conspirators each pleaded guilty to one count of conspiracy to produce child pornography and one count of conspiracy to receive and distribute child pornography. Defendant Gressette pleaded guilty to the same count of conspiracy to produce child pornography, as well as two additional substantive counts of production of child pornography with two different victims, one of whom was under the age of 12. Additionally, another co-conspirator, Jonathan Soto, 27, of Branchburg, New Jersey, was prosecuted in the District of New Jersey and also pleaded guilty to conspiracy to produce child pornography. On March 31, 2017, Soto was sentenced to 18 years in federal prison for his role in the scheme.
Trial Attorneys Lauren Britsch and Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Dean Secor of the District of South Carolina prosecuted the case. The FBI Newark, New Jersey and Columbia, South Carolina Field Offices and the FBI Major Case Coordination Unit investigated the case with assistance from Operation Rescue Me, the Digital Analysis and Research Center (DARC) Lab and CEOS’s High Technology Investigative Unit.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
Greenville Woman Guilty of Fraud Involving ImmigrationRead the Press Release
Columbia, South Carolina –------- United States Attorney Sherri A. Lydon announced today that Latoya Sanders, age 30, of Greenville, South Carolina, entered a plea of guilty as charged in Greenville, South Carolina, before United States District Judge A. Marvin Quattlebaum, Jr. Sanders pled guilty to two counts of Wire Fraud, each of which count carries a penalty of up to 20 years in prison, and four counts of Aiding and Abetting the Impersonation of a Federal Official, each of which count carries a penalty of up to three years in prison. Sentencing will occur after the preparation of a Presentence Report by the United States Probation Office.
The case was investigated by the Greenville City Police Department and the Department of Homeland Security. Assistant United States Attorney David C. Stephens prosecuted the case. United States Attorney Lydon stated that there is a co-defendant named in the Indictment whose case has not yet been resolved and therefore no statements will be made regarding the facts of the case.
#####
Laurens Man Gets 10 Years in Federal Prison on Drug and Gun ChargesRead the Press Release
Greenville, South Carolina-------United States Attorney Sherri A. Lydon stated today that Keandre Armon Connor, age 37, of Laurens, was sentenced in federal court in Greenville for possession with intent to distribute cocaine and possession of a firearm in furtherance of a drug trafficking crime. United States District Judge Bruce H. Hendricks sentenced Connor to a total term of 120 months in federal prison followed by supervised release.
Evidence presented at the change of plea hearing established that on October 6, 2016, Laurens County Sheriff's deputies executed a search warrant at Connor’s residence and located over 500 grams of cocaine and multiple firearms.
The case was investigated by the Laurens County Sheriff's Office along with agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Assistant United States Attorney Max Cauthen of the Greenville office prosecuted the case.
#####
Greenville Man Sentenced to 46 Months for $700,000 Fraud SchemeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Calvert J. Drummond, Jr., age 35, of Greenville, was sentenced to 46 months’ imprisonment in federal court in Anderson related to a conspiracy to commit wire fraud, a violation of Title 18, United States Code, Section 1349. United States District Judge Timothy M. Cain, of Anderson, imposed sentence and also ordered Drummond to pay $742,000 in restitution to his victims.
Evidence presented at the change of plea hearing established that Drummond represented to clients that he could obtain alternative financing for various projects that required large amounts of capital. In exchange for a fee of several hundred thousand dollars, Drummond promised to secure bank guarantees worth millions.
Drummond would create fraudulent financial documentation regarding the alternative financing and show them to the clients. When pushed by clients on the delay of the financing or for a return of the fee paid, Drummond would blame the delays and other issues on various banks.
Drummond had no mechanism to obtain the alternative financing promised; this was a fictitious story created to persuade clients to pay fees that Drummond used to pay personal expenses, travel, and obtain jewelry and other high-end items.
The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
#####
Greenville Man Pleads Guilty to Wire FraudRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Timothy L. Ware, age 52, of Greenville, pled guilty in federal court in Anderson, to wire fraud, a violation of Title 18, United States Code, Section 2252A. United States District Judge Timothy M. Cain, of Anderson, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Seaboard Corporation (“Seaboard”) intended to wire $352,929 (“the Funds”) to Advantage Ford Commercial Sales (“Advantage”) related to a legitimate business transaction. Unbeknownst to either Seaboard or Advantage, an Advantage email account was compromised and instructions were sent to Seaboard to wire the Funds to a Branch Banking & Trust (“BB&T”) account in the custody and control of Ware. On July 8, 2016, the Funds were wired from Seaboard to the BB&T account of Ware.
On July 8, 2016, Ware began transferring the Funds from his BB&T account to accounts at the Bank of Travelers Rest and Navy Federal Credit Union. On that same day Ware withdrew $40,000 in cash from his BB&T account. Similarly, Ware obtained three BB&T cashier checks in the amounts of $87,500, $52,500, and $87,500, respectively.
The case was investigated by agents with the Federal Bureau of Investigation. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
#####
Myrtle Beach Man Indicted by Federal Grand Jury in Connection with Suspected Opioid OverdosesRead the Press Release
James Latron Sumter, a/k/a “T”, age 35, of Myrtle Beach, South Carolina, has been charged with conspiracy to possess with intent to distribute cocaine and heroin, the use of which resulted in serious bodily injury or death, in violation of Title 21, United States Code, Sections 846 and 841(b)(1)(C). This charge carries a mandatory sentence of imprisonment of 20 years to life if Sumter is convicted. The case is being investigated by the Federal Bureau of Investigation and the Drug Enforcement Administration, and is assigned to Assistant United States Attorney Everett McMillian of the Florence office for prosecution.
The United States Attorney stated that all charges in this Indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
#####
Federal Grand Jury IndictmentsRead the Press Release
Columbia, South Carolina----United States Attorney Sherri A. Lydon stated today that a Federal Grand Jury in Charleston, South Carolina, returned Indictment(s) against the following:
North Charleston Man Indicted for Tax Fraud. Benjamin Bligen, age 40, of North Charleston, South Carolina, was charged in a 1-count Indictment with Fraudulent Tax Return Preparation, a violation of Title 26, United States Code, Section 7206. The maximum penalty that Bligen could receive is 3 years imprisonment. The case was investigated by agents of the Internal Revenue Service and is assigned to Assistant United States Attorney Rhett DeHart of the Charleston office for prosecution.
Mexican Man Indicted for Immigration Offense. Jose Prado-Palma, age 40, of Mexico, was charged with the Illegal Reentry of a Removed Alien, a violation of Title 8, United States Code, Section 1326. The maximum penalty that Prado-Palma could receive is 2 years imprisonment. The case was investigated by agents of ICE – Enforcement and Removal Operations (ERO) and is assigned to Assistant United States Attorney Rhett DeHart of the Charleston office for prosecution.
North Charleston Woman Charged with Theft of Mail by a Postal Employee. Regina Fludd, age 35, of North Charleston, South Carolina, was charged in a 1-count Indictment with Theft of Mail by a Postal Employee in violation of Title 18, United States Code, Section 1709. The maximum sentenced that Fludd could receive is 5 years imprisonment. The case was investigated by agents of the United States Postal Inspection Service, and it is assigned to Assistant United States Attorney Rhett DeHart of the Charleston office for prosecution.
Walterboro Man Indicted on Federal Gun Charge. Quentin John Fishburne, a/k/a “Quinton John Fishburne”, a/k/a “Q”, age 37, of Walterboro, South Carolina, was charged in a 1-count indictment. Fishburne was charged with being a felon in possession of a firearm, a violation of Title 18, U. S. C. §922(g). The maximum penalty Fishburne could receive is 10 years imprisonment and a maximum fine of $250,000. The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Walterboro Police Department and is assigned to Assistant United States Attorney Chris Schoen and Special Assistant United States Attorney Carra Henderson of the Charleston office for prosecution.
Folly Road Bank Robber Federally Indicted. Quinton Allen Manigault, age 30, of Wando, South Carolina, was charged in a 2-count indictment arising from the March 27, 2018 robbery of the Pinnacle Bank on Folly Road. Manigault is charged with armed bank robbery, a violation of Title 18, U. S. C. §2113(a) and (d) and possession of a firearm in furtherance of a crime of violence, a violation of Title 18, U. S. C. §924(c). The maximum penalty Manigault could receive is life in prison and a fine of $250,000. The case was investigated by agents of the Federal Bureau of Investigation and the Charleston Police Department and is assigned to Assistant United States Attorney Chris Schoen of the Charleston office for prosecution.
The United States Attorney stated that all charges in indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
#####
Man Sentenced to 20 Years in Federal Prison for Bank Robbery of a Charleston BankRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon announced that Cory Ray Christie, age 38, of Guyton, Georgia, was sentenced yesterday in federal court for bank robbery. On August 23, 2017, Christie pleaded guilty to bank robbery in violation of Title 18, United States Code, Section 2113(a). Evidence presented in court established that on August 17, 2016, Christie entered the South State Bank on Savannah Highway in Charleston. Christie entered the bank, approached the teller, and stated “just give me the money and no one gets hurt.” Christie stole approximately $2,880. The bank’s surveillance system captured Christie during the robbery and officers were able to obtain a description of his vehicle, which was tracked travelling south on Savannah Highway. After his arrest, officers found a shirt matching the shirt worn by the robbery suspect in Christie’s car and shoes matching the suspect’s shoes at Christie’s home. Further, cell site records confirmed that Christie’s phone was located very close to the coordinates of the South State Bank at the time of the robbery. Christie’s phone search history indicated that on the same day as the robbery, his cell phone was used to conduct a google search of “Charlestown sc bank robbery.”
On August 10, 2018, United States District Judge Richard M. Gergel sentenced Christie to 240 months imprisonment. Citing Christie’s 16 prior bank robbery convictions, Judge Gergel imposed the maximum penalty under the law. At sentencing, Judge Gergel recognized that Christie robbed the South State Bank only a few months after his release from a 137-month federal prison sentence for bank robbery.
The City of Charleston Police Department investigated the case in conjunction with the FBI. Assistant United States Attorney Emily Limehouse of the Charleston office prosecuted the case.
#####
Federal Grand Jury IndictmentsRead the Press Release
United States Attorney Sherri A. Lydon stated today that a Federal Grand Jury in Greenville, South Carolina, returned Indictments against the following:
Piedmont Man Indicted on Bank Robbery Charge. Brandon Laster, age 36, of Piedmont, South Carolina, was charged in a one-count indictment with bank robbery, a violation of Title 18, United States Code, Section 2113(a). The maximum penalty Laster could face is twenty (20) years imprisonment and/or a fine of $250,000.00. The case was investigated by agents of the Federal Bureau of Investigations and the Greenville Police Department and is being prosecuted by Assistant United States Attorney Jeanne Howard of the Greenville office.
Six Illegal Aliens Charged with Misuse of Social Security Number. Julio Cesar Rojas Vasquez, Fredin Orlando Cordon-Gonzalez, and Josue Eduardo Maas-Aparico, all of Guatemala, and Luis Alberto Isaguirre-Cortes, Jose Santos Martinez, and Noe De La Cruz Galvez-Munguia, all of Honduras, were each charged in separate indictments with Misuse of Social Security Number, a violation of Title 42, United States Code, Section 408(a)(7)(B). The maximum penalty each defendant could receive is a fine of $250,000.00 and/or five (5) years imprisonment. The case was investigated by agents of ICE-Homeland Security Investigations and the Department of Labor and is assigned to Assistant United States Attorney David C. Stephens of the Greenville office for prosecution.
The United States Attorney stated that all charges in these indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
#####
Oconee Woman Pleads Guilty to Meth ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Tabitha A. Hammond, age 37, of Seneca, pled guilty to possession with the intent to distribute methamphetamine, a violation of Title 21, United States Code, Section 841. United States District Judge Donald C. Coggins, of Spartanburg, accepted the guilty plea and will sentence Hammond after he has a chance to review the Presentence Report prepared by the United States Probation Office.
Evidence presented at the change of plea hearing established that on August 8, 2017, an Oconee County deputy sheriff was patrolling in the Fair Play area when he observed a vehicle turn without signaling and then turn quickly into a residence before he could initiate a traffic stop. The vehicle stopped at the residence for just a few minutes and resumed travel. Upon observing a defective break light, he initiated a traffic stop. There were four persons in the car and no one had a valid license with them. The deputy observed much suspicious behavior to include extreme nervousness, attempts to hide the contents of various bags, and one passenger giving indications of flight. The deputy received consent to search from the driver and located more than five pounds of methamphetamine in a bag belonging to Hammond. After being given her Miranda warnings, Hammond admitted to engaging in drug trafficking activity.
Ms. Lydon stated the maximum penalty Hammond can receive is a fine of $20,000,000 and/or imprisonment for life, plus a special assessment of $100.
This case was investigated by the Oconee County Sheriff’s Office and the federal Drug Enforcement Administration. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
#####
South Carolina Teen Convicted for Attempting to Join ISISRead the Press Release
WASHINGTON – Zakaryia Abdin, 19, of Ladson, South Carolina, pleaded guilty today to attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Sherri A. Lydon for the District of South Carolina and Special Agent in Charge Jody Norris of the FBI’s Columbia Division made the announcement. Abdin appeared before U.S. District Court Judge Richard M. Gergel.
“Abdin’s attempt to provide material support to ISIS by traveling overseas put American lives at risk,” said Assistant Attorney General Demers. “That is unacceptable, and I applaud the dedicated agents and prosecutors who stopped him and have achieved this successful outcome.”
“The most important job of government is protecting the people of the United States from harm, whether it comes from criminals or terrorists,” said U.S. Attorney Lydon. “This case is an example of law enforcement doing exactly that. The threat to our safety continues to be very real. The JTTF did a great job in preventing this defendant from joining ISIS. He wanted to fight as a soldier committing acts of terror for ISIS and he didn’t care where he fought.” U.S. Attorney Lydon commended the intense work of Charleston’s Joint Terrorism Task Force and noted that this is the first conviction for a person attempting to provide material support to a terrorist organization in the District of South Carolina.
“Once again, the Joint Terrorism Task Force has uncovered, investigated and prevented terrorist activity with roots in South Carolina” said Special Agent in Charge Norris. “These results are made possible by the coordinated efforts of our federal, state and local partners, who are committed to sharing information and resources to protect our communities.”
The FBI arrested the defendant at the Charleston International Airport on March 30, 2017 when he attempted to board an airplane in order to travel overseas. The defendant’s intent was to travel overseas in order to provide material support or resources to ISIS.
Abdin began his efforts on Jan. 3, 2017, when he created a social media account to attempt to join ISIS. On Jan. 20, 2017, Abdin visited the FBI in Mount Pleasant, South Carolina to meet with a special agent from the Joint Terrorism Task Force. During this interview, the special agent advised Abdin about the FBI’s role in conducting counterterrorism investigations and outlined for him various statutory definitions. The special agent also provided the definitions for terrorism and specifically told Abdin that ISIS was a designated foreign terrorist organization and that it was illegal to give any foreign terrorist organization any form of material support, including personnel.
After that date, Abdin began to seek a handler to get him overseas to Syria or Egypt to make contact with ISIS. Unbeknownst to him, he ended up making contact with an undercover FBI employee. Abdin believed this person was affiliated with ISIS. These communications continued up until he was arrested.
Abdin had extensive communications with the FBI employee. During the course of these on line conversations, Abdin expressed continued loyalty to ISIS. He said he had given a pledge of loyalty to the Caliphate in 2014 and provided a video of a new pledge to Commander Abu Baker al Baghdadi, the self-proclaimed leader of ISIS or the Caliphate, in which he pledged to “wage jihad against the enemy of Allah.”
Abdin also indicated that he wished to join the Caliphate and requested to serve in combat. He stated that he was proficient with various weapons, including AK’s, SKS rifles, and pistols. He also asserted that he was well prepared, knew how to shoot, and had experience with and was reliable in close combat. He not only talked of joining jihad, he also purchased weapons, including an SKS rifle, modifying it to expand its capacity from a 10 round magazine to a 30 round magazine. Abdin practiced with an AK at a local gun store, and with an SKS and a 9mm at a local outdoor shooting range outside of Charleston.
Abdin took a picture of himself carrying the 9mm in his waistband and took a picture of himself practicing shooting at night at the local outdoor range, and sent these to the undercover FBI employee.
Abdin undertook concrete steps to join the Caliphate and travel overseas to fight jihad. He applied for a passport. On March 22, 2017, the FBI was notified Abdin’s passport was delivered to his residence in Ladson. Later on the same date, Abdin sent a message to the undercover FBI employee to tell him to “let the brothers know I am coming very soon.”
On March 23, 2017, Abdin made flight reservations aboard a commercial airline departing Charleston with a final destination of Amman, Jordan. The date for travel was set for March 30, 2017 at approximately 7:30 PM. Shortly thereafter on March 23, 2017, Abdin communicated to the undercover FBI employee that he was scheduled to arrive in Amman, Jordan on April 1, 2017, at approximately 2:05 AM.
On March 30, 2017, at approximately 4:17 PM Abdin arrived at the Charleston International Airport with one piece of luggage and a carry-on backpack. Abdin proceeded to a commercial airline ticket counter where he provided the attendant with travel documents and received a boarding pass for international travel to Amman. Abdin then proceeded from the ticketing counter toward the Transportation Security Administration’s security screening area where he was arrested.
Abdin, a U.S. citizen, faces a statutory maximum sentence of 20 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. Any sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
The case was investigated by Special Agents of the FBI’s Joint Terrorism Task Force. This case is being prosecuted by Trial Attorney Jennifer Burke of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Sean Kittrell of the District of South Carolina.
# # #
18-1027
DO NOT REPLY TO THIS MESSAGE. IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.
South Carolina Teen Convicted for Attempting to Join ISISRead the Press Release
Zakaryia Abdin, 19, of Ladson, South Carolina, pleaded guilty today to attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Sherri A. Lydon for the District of South Carolina and Special Agent in Charge Jody Norris of the FBI’s Columbia Division made the announcement. Abdin appeared before U.S. District Court Judge Richard M. Gergel.
“Abdin’s attempt to provide material support to ISIS by traveling overseas put American lives at risk,” said Assistant Attorney General Demers. “That is unacceptable, and I applaud the dedicated agents and prosecutors who stopped him and have achieved this successful outcome.”
“The most important job of government is protecting the people of the United States from harm, whether it comes from criminals or terrorists,” said U.S. Attorney Lydon. “This case is an example of law enforcement doing exactly that. The threat to our safety continues to be very real. The JTTF did a great job in preventing this defendant from joining ISIS. He wanted to fight as a soldier committing acts of terror for ISIS and he didn’t care where he fought.” U.S. Attorney Lydon commended the intense work of Charleston’s Joint Terrorism Task Force and noted that this is the first conviction for a person attempting to provide material support to a terrorist organization in the District of South Carolina.
“Once again, the Joint Terrorism Task Force has uncovered, investigated and prevented terrorist activity with roots in South Carolina” said Special Agent in Charge Norris. “These results are made possible by the coordinated efforts of our federal, state and local partners, who are committed to sharing information and resources to protect our communities.”
The FBI arrested the defendant at the Charleston International Airport on March 30, 2017 when he attempted to board an airplane in order to travel overseas. The defendant’s intent was to travel overseas in order to provide material support or resources to ISIS.
Abdin began his efforts on Jan. 3, 2017, when he created a social media account to attempt to join ISIS. On Jan. 20, 2017, Abdin visited the FBI in Mount Pleasant, South Carolina to meet with a special agent from the Joint Terrorism Task Force. During this interview, the special agent advised Abdin about the FBI’s role in conducting counterterrorism investigations and outlined for him various statutory definitions. The special agent also provided the definitions for terrorism and specifically told Abdin that ISIS was a designated foreign terrorist organization and that it was illegal to give any foreign terrorist organization any form of material support, including personnel.
After that date, Abdin began to seek a handler to get him overseas to Syria or Egypt to make contact with ISIS. Unbeknownst to him, he ended up making contact with an undercover FBI employee. Abdin believed this person was affiliated with ISIS. These communications continued up until he was arrested.
Abdin had extensive communications with the FBI employee. During the course of these on line conversations, Abdin expressed continued loyalty to ISIS. He said he had given a pledge of loyalty to the Caliphate in 2014 and provided a video of a new pledge to Commander Abu Baker al Baghdadi, the self-proclaimed leader of ISIS or the Caliphate, in which he pledged to “wage jihad against the enemy of Allah.”
Abdin also indicated that he wished to join the Caliphate and requested to serve in combat. He stated that he was proficient with various weapons, including AK’s, SKS rifles, and pistols. He also asserted that he was well prepared, knew how to shoot, and had experience with and was reliable in close combat. He not only talked of joining jihad, he also purchased weapons, including an SKS rifle, modifying it to expand its capacity from a 10 round magazine to a 30 round magazine. Abdin practiced with an AK at a local gun store, and with an SKS and a 9mm at a local outdoor shooting range outside of Charleston.
Abdin took a picture of himself carrying the 9mm in his waistband and took a picture of himself practicing shooting at night at the local outdoor range, and sent these to the undercover FBI employee.
Abdin undertook concrete steps to join the Caliphate and travel overseas to fight jihad. He applied for a passport. On March 22, 2017, the FBI was notified Abdin’s passport was delivered to his residence in Ladson. Later on the same date, Abdin sent a message to the undercover FBI employee to tell him to “let the brothers know I am coming very soon”
On March 23, 2017, Abdin made flight reservations aboard a commercial airline departing Charleston with a final destination of Amman, Jordan. The date for travel was set for March 30, 2017 at approximately 7:30 PM. Shortly thereafter on March 23, 2017, Abdin communicated to the undercover FBI employee that he was scheduled to arrive in Amman, Jordan on April 1, 2017, at approximately 2:05 AM.
On March 30, 2017, at approximately 4:17 PM Abdin arrived at the Charleston International Airport with one piece of luggage and a carry-on backpack. Abdin proceeded to a commercial airline ticket counter where he provided the attendant with travel documents and received a boarding pass for international travel to Amman. Abdin then proceeded from the ticketing counter toward the Transportation Security Administration’s security screening area where he was arrested.
Abdin, a U.S. citizen, faces a statutory maximum sentence of 20 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. Any sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
The case was investigated by Special Agents of the FBI’s Joint Terrorism Task Force. This case is being prosecuted by Trial Attorney Jennifer Burke of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Sean Kittrell of the District of South Carolina.
Myrtle Beach Man Goes to Trial on Federal Drug and Weapons Charges - Pleads Guilty at Close of Government's CaseRead the Press Release
Florence, South Carolina --- United States Attorney Sherri A. Lydon announced today that Frederick Julien Augustine, a/k/a “Cowboy,” age 42, of Mullins, South Carolina, entered a mid-trial guilty plea to possession with the intent to distribute more than 500 grams of cocaine, more than 28 grams of crack cocaine, and quantities of heroin, methamphetamine, and marijuana. In addition, he pled guilty to possessing a firearm in furtherance of a drug trafficking crime. Augustine had previously been convicted of Assault and Battery with Intent to Kill, Distribution of Crack Cocaine, Burglary (2nd Degree), and Possession of a Weapon during a Crime of Violence. Augustine’s plea subjects him to a statutory mandatory sentence of 180 months of incarceration.
The Government’s evidence showed that on October 26, 2017, officers of the Myrtle Beach Police Department Street Crimes Unit, assisted by a Task Force Officer of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), executed a search warrant on a Myrtle Beach apartment after observing Augustine leave alone. Inside the apartment, officers located approximately 641 grams of cocaine, 49 grams of crack cocaine, 59 grams of heroin, and 27 grams of methamphetamine, all hidden with arm’s reach of a loaded .357 Magnum revolver and additional ammunition. Officers additionally seized more than $11,000 in suspected drug proceeds hidden in a safe with more than ½ kilogram of cocaine, and downloaded several surveillance cameras that had been set up at the apartment. ATF’s analysis of the cameras confirmed that Augustine was at the apartment for weeks leading up to the execution of the warrant, and that he was the last person the leave before the search was conducted. Augustine was arrested on a traffic stop while the search warrant was being executed. He was in possession of $3,000 in additional suspected drug proceeds. Augustine pled guilty after the Government presented its evidence to the jury.
Assistant United States Attorney Everett McMillan of the Florence office handled the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Myrtle Beach Police Department and prosecuted as part of the joint federal, state and local Operation “Real Time,” which seeks to fast track armed recidivists for federal prosecution. Operation “Real Time” is a part of the Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Augustine has been in continuous custody since his arrest on October 26, 2017, and he will remain in custody until he serves out his federal sentence.
#####
Leader and Other Members of Multi-State Drug Trafficking Organization Sentenced in Federal CourtRead the Press Release
Columbia, South Carolina --- United States Attorney Sherri A. Lydon announced today that Joshua Peace, age 30, mother of Joshua Peace, Susan Peace, age 63, Brian Harper, age 34, and Regina Kinard, age 42, were sentenced in federal court. Joshua Peace, Kinard, and Harper pled guilty to participating in a drug conspiracy involving more than 500 grams of methamphetamine, and received sentences of 15 years imprisonment, 12 years imprisonment, and 11 years imprisonment respectively. Susan Peace pled guilty to using a telephone to facilitate a drug trafficking crime, and she received a sentence of 5 years’ probation with electronic monitoring and a curfew.
Assistant United States Attorney Andy Moorman told the Court during the sentencing hearings that Joshua Peace, with the help of his mother, Susan Peace, Kinard, Harper, and others facilitated the distribution of approximately $1.2 million in methamphetamine in the Upstate of South Carolina and elsewhere. Peace would send couriers to meet with sources of supply for methamphetamine in Northern Georgia. These couriers would purchase kilogram quantities of methamphetamine and return to the Upstate of South Carolina, typically Anderson, South Carolina. Once there, the methamphetamine would be dispersed among local distributors, who would sell the methamphetamine and return the proceeds to Josh Peace. During the course of the investigation and prosecution, federal agents and local law enforcement seized in excess of $600,000 in U.S. Currency, seven automobiles, and other property that conspirators bought with drug proceeds.
The Drug Enforcement Administration, the Internal Revenue Service Criminal Investigation Division, the Anderson County Sheriff’s Office, the Anderson Police Department, and the Franklin County (GA) Sheriff’s Office investigated the case.
#####
Florence Resident Sentenced in Federal Court for Manufacturing and Passing Counterfeit MoneyRead the Press Release
Columbia, South Carolina ---- Sherri A. Lydon stated today that Gary Jerome Smart, age 26, of Florence, South Carolina, was sentenced in federal court in Florence for conspiracy to manufacture and pass counterfeit money, a violation of Title 18, United States Code, Section 371. United States District Judge Bryan Harwell, of Florence, sentenced Smart to 20 months’ imprisonment followed by 3 years of supervised release.
The evidence presented at the guilty plea hearing established that Smart was involved in a conspiracy to manufacture and pass counterfeit $100 and $50 bills in multiple states including South Carolina and North Carolina. This conspiracy, which began in 2015, included at least nine codefendants who were responsible for producing and passing over $100,000 in counterfeit money.
Smart was directly involved in making counterfeit at various locations, including residences in Florence. In January 2017, he also passed counterfeit $100 bills at businesses in Greenville and Spartanburg, South Carolina.
The case was investigated by agents of United States Secret Service with the assistance of the Florence County Sheriff’s Office and the Florence Police Department. Assistant United States Attorney A. Bradley Parham of the Florence office prosecuted the case.
#####
Darlington Man Sentenced to 121 Months in Federal Prison on Robbery and Gun ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that Kenneth Eric Coe, Jr. a/k/a “Junior,” age 24, of Darlington, SC, was sentenced in federal court in Florence, South Carolina, for aiding and abetting Robbery of United States Government Property and aiding and abetting the Use of and Brandishing a Firearm During and in Furtherance of a Crime of Violence. United States District Judge R. Bryan Harwell, of Florence, sentenced Coe to 121 months in federal prison with 5 years of supervised release to follow along with $400.00 in restitution to be paid to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The evidence presented at the guilty plea hearing established that on March 29, 2017, Coe along with another individual robbed a person having lawful charge, custody, and control of $400.00 belonging to the Bureau of Alcohol, Tobacco, Firearms and Explosives by use of a firearm. At the hearing, the agent presented evidence that during the robbery, a firearm was pointed at the victim in order to force the victim to give up the cash.
The case was investigated by agents of ATF, the Darlington County Sheriff’s Office, and the Hartsville Police Department and was prosecuted as part of the joint federal, state and local Project CeaseFire, which aggressively prosecutes firearm cases. Assistant United States Attorneys Lauren Hummel of the Florence office and J.D. Rowell and William Lewis of the Columbia office handled the case.
Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
#####
Former Department of Juvenile Justice Lieutenant Sentenced on Civil Rights ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated today that United States District Judge Mary Geiger Lewis sentenced Nicole Jenice Samples, age 36, of Columbia, to one year incarceration as a result of her conviction for deprivation of civil rights, in violation of Title 18, United States Code, Sections 242.
Evidence presented in court established that that on January 1, 2017, Nicole Jenice Samples directed the use of excessive force as punishment for two juveniles housed at the South Carolina Department of Juvenile Justice (DJJ). In response to juveniles making noise, Samples, a Lieutenant at DJJ, ordered two of her subordinate correctional officers to apply mechanical restraints to the two juveniles, directing that the leg restraints be connected to the hand restraints, a practice known as “hogtying.” Samples oversaw the application of the restraints on both juveniles. At Samples’ direction, the juveniles were left in the hogtied position for over two hours as punishment and suffered pain. DJJ policy forbids the use of restraints as punishment and specifically forbids the practice of “hogtying.” A DJJ surveillance camera captured one of the two juveniles being hogtied and left alone for hours. Following the hogtying event, Samples directed her subordinates to falsify reports related to the use of force incident.
United States Attorney Sherri A. Lydon had this to say, “Being entrusted with a position of power comes with both honor and responsibility. That responsibility must not be abused. Our office is committed to addressing any willful wrongdoing taking place in our state’s prisons and detention centers. This conviction sends a message to those who choose to abuse their authority.”
This case was investigated by the Federal Bureau of Investigation and the South Carolina Law Enforcement Division (SLED) at the request of, and with the assistance of, DJJ Director Freddie Pough. Assistant United States Attorney Alyssa Leigh Richardson of the Columbia office handled the case.
#####
Early Autism Project, Inc., South Carolina's Largest Provider of Behavioral Therapy for Children with Autism, Pays the United States $8.8 Million to Settle Allegations of FraudRead the Press Release
COLUMBIA, SC – The United States Attorney’s Office for the District of South Carolina announced today that Early Autism Project, Inc. (“EAP”) has paid the United States $8,833,615 to resolve a False Claims Act investigation that it submitted false claims to the TRICARE and the South Carolina Medicaid programs for therapy services for children with autism. EAP is South Carolina’s largest provider of intensive behavioral treatment to children with autism, known as Applied Behavioral Analysis (“ABA”) therapy. TRICARE is the federal health insurance program for active and retired military members and their families, while South Carolina Medicaid provides health benefits to qualifying low-income residents of South Carolina.
The settlement announced today resolves allegations that EAP billed TRICARE and South Carolina’s Medicaid program for ABA therapy services for children with autism that either misrepresented the services provided or where the services were not provided at all. As it relates to Medicaid’s PDD Waiver, EAP devised a program that required its therapists to reserve an allotment of billable time each week or month so that EAP could bill Medicaid for positions called Regional Lead and Regional Coordinator. The United States contends that these Regional Leads and Regional Coordinators were not actively working with the child from whom the hours were deducted, but rather, the EAP-devised program was designed to maximize profits by billing Medicaid for administrative and management functions of the company. Medicaid does not pay for therapy services by individuals who are not actively working with the child for whom the therapy is billed. The United States also contends that EAP allowed its therapists to regularly “pad” the hours it billed for therapy services to the TRICARE program and to South Carolina Medicaid, such that these programs regularly paid for therapy services that were not provided.
“Companies that commit to providing intensive behavioral treatment to children with autism, at a pivotal time of that child’s development, should be held accountable if they do not provide the services, but nevertheless request payment for those services,” said Barbara Bowens, Acting United States Attorney for this case and Civil Chief for the United States Attorney’s Office for the District of South Carolina. “The United States Attorney’s Office is committed to protecting the federally-funded programs that make it possible for children with special needs to receive these vital services.”
The civil investigation arose from a lawsuit filed by a former employee of EAP, Olivia Zeigler, under the whistleblower provisions of the False Claims Act. Under the act, private citizens can bring suit on behalf of the government for false claims and share in any recovery. Ms. Zeigler will receive $435,000.
As part of the settlement announced today, EAP, and its parent company, ChanceLight, Inc. have also entered into a Corporate Integrity Agreement with the Department of Health and Human Services, Office of Inspector General (HHS-OIG), which seeks to ensure future corporate compliance by requiring internal compliance reforms, including hiring an independent review organization to conduct annual claims reviews.
“That the State’s largest service provider for autistic children would defraud government health programs is compounded only by their billing at the expense of taxpayers for misrepresented or nonexistent services—as alleged here,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We will continue to work with our law enforcement partners to protect vulnerable patients and preserve government health programs.”
“This settlement demonstrates the commitment of the Defense Criminal Investigative Service (“DCIS”) and our law enforcement partners to ensuring that medical service providers are held accountable when they submit false bills and divert taxpayer funds. DCIS protects the integrity of Defense Department programs by rooting out fraud, waste, and abuse that negatively affects critical programs such as TRICARE,” said Special Agent in Charge Robert Craig, DCIS Mid-Atlantic Field Office.
This case was handled by Assistant United States Attorney Beth Warren, HHS-OIG, DCIS, and the Medicaid Fraud Control Unit of the South Carolina Attorney General’s Office.
The litigation and settlement of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
The claims resolved by this settlement are allegations only, and there has been no determination of liability. The case is captioned United States ex rel. Zeigler v. South Carolina Early Autism Project, Inc., No. 3:15-cv-2750-MBS (D.S.C., filed July 11, 2015).
# # # # #
Charleston Felon Sentenced to 30 Months Imprisonment for Firearms and Marijuana Distribution ChargesRead the Press Release
Charleston, South Carolina---- United States Attorney Sherri A. Lydon stated that Charles Baldwin Wilson, age 36, of Charleston, was sentenced in federal court in Charleston for Possession of Firearms by a Convicted Felon, and Possession with Intent to Distribute Marijuana, in violation of Title 18 U.S.C. § 922(g) and Title 21 U.S.C. § 841(b)(1)(D). United States District Judge Richard M. Gergel, of Charleston, sentenced Wilson to 30 months imprisonment, 2 years supervised release to include 12 months of home confinement, a fine of $25,000, a special assessment of $200, and forfeiture of firearms and $21,473.38.
Evidence presented at the change of plea and sentencing hearing established that on November 16, 2015, Charleston County Sheriff’s Office executed a search warrant at Wilson’s residence. Law enforcement found multiple rooms in the home dedicated to a sophisticated marijuana growing operation, along with seven firearms. Wilson had a prior conviction for Possession with Intent to Distribute Marijuana from 2006, and was prohibited from possessing a firearm. Further investigation revealed that Wilson made multiple trips to Colorado to further his multi-year drug trafficking operation.
The case was investigated by U.S. Postal Inspection Service and Charleston County Sheriff’s Office. Assistant United States Attorneys Jamie Lea Schoen was assigned to the case.
#####
West Columbia Man Sentenced to 14 Years on Federal Firearm and Drug ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Jwain Dennis Francis, a/k/a “Love,” age 28, of West Columbia, was sentenced in federal court to a total of 168 months imprisonment with 3 years of supervised release to follow. Earlier this year, Francis plead guilty to being a felon in possession of a firearm and ammunition and to possession with intent to crack cocaine and cocaine, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e) and Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C). Chief United States District Judge Terry L. Wooten, of Columbia, imposed the sentence, which consisted of the maximum 120 months (10 years) imprisonment on the firearm charge and 168 months (14 years) imprisonment on the drug charge, both to run concurrently.
Evidence presented in court established that in late 2016, the West Columbia Police Department received information that an individual nicknamed “Love” was selling crack cocaine in the area of Gentle Pine Apartments. A confidential informant was able to purchase crack cocaine from “Love” on two separate occasions in November 2016, and law enforcement determined through photo line-ups that “Love” was Francis. On December 1, 2016, officers arrested Francis on state drug charges and executed a search warrant at his residence. Inside the residence, officers recovered baggies of cocaine and crack cocaine, along with scales and $3,305. Officers also recovered a 9mm handgun and 9mm ammunition. Francis admitted that he bought and sold crack cocaine and cocaine.
Francis is prohibited under federal law from possessing firearms and ammunition based upon his prior separate South Carolina state convictions for strong arm robbery (2007), indecent exposure (two counts)(2014), and strong arm robbery (2014). Francis was determined to be a career offender for purposes of sentencing based upon his extensive prior record.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the West Columbia Police Department and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
#####
Summerville Man Sentenced to Prison for Wire Fraud and Identity TheftRead the Press Release
Columbia, South Carolina---- United States Attorney Sherri Lydon stated today that John Scott Jarrett, age 46, of Summerville, was sentenced in federal court in Charleston, South Carolina, for Wire Fraud and Identity Theft. United States District Judge Richard M. Gergel, of Charleston, sentenced Jarrett to 60 months imprisonment and 3 years Supervised Release.
Evidence in this case established that from 2012 through 2017, Jarrett embezzled more than $810,000 from his employer. Jarrett was the financial comptroller of an audio and video consulting firm in Charleston. To execute the scheme, Jarrett wrote $512,129 in checks from his employer’s company that were made payable to his wife’s maiden name. Jarrett made these checks appear as payments to a vendor of his company, and he used the signature stamp of his employer to forge the checks.
Jarrett also embezzled approximately $300,000 from his company to pay his personal American Express bills. He paid these American Express bills via interstate wires.
In addition to the wire fraud, Jarrett stole the identifying information of his employer and forged his signature to obtain fraudulent loans from various Internet lenders.
Agents from the Federal Bureau of Investigation (FBI) investigated the case. Assistant United States Attorney Rhett DeHart of the Charleston office prosecuted the case.
#####
Mount Pleasant Speech Therapist Convicted of Health Care Fraud and Aggravated Identity TheftRead the Press Release
Charleston, South Carolina---- Following a four-day trial before U.S. District Judge Richard Gergel, a federal jury convicted Gena Randolph, 44, of Mount Pleasant, of committing a $2 million health care fraud scheme, announced United States Attorney Sherri A. Lydon.
Randolph was convicted of one count of Health Care Fraud, one count of Aggravated Identity Theft, and four counts of Making False Statements Relating to Health Care Matters. Randolph could be sentenced up to 10 years in federal prison on the Health Care Fraud count and up to five years on the False Statement counts, which will be in addition to a mandatory sentence of two years for the count of Aggravated Identity Fraud.
According to evidence presented at trial, Randolph was excluded from Medicaid and Medicare after her 2012 conviction for Filing False Claims with the South Carolina Medicaid Program. As an excluded person, she was prohibited from working for any provider to perform services paid for, in whole or in part, by Medicare and Medicaid.
Over the course of the trial, the Government presented evidence showing that Randolph disguised her ownership and control over Palmetto Speech and Language Associates and Per Diem Healthcare Services, both of which were submitting claims to Medicare and Medicaid. As part of the health care fraud scheme, Randolph submitted claims both for speech therapy services that either were provided by other speech therapists and for services that were never rendered at all. In addition to hearing from the speech therapists in whose names Randolph submitted fraudulent claims, the jury was presented with evidence showing that Randolph submitted claims for services to beneficiaries who were dead.
U.S. Attorney Lydon stated, “This case is a great example of the coordinated efforts of the South Carolina Attorney General’s office and the U.S. Attorney’s office to combat health care fraud. Cases like this send the message to all health care providers that we are committed to stamping out fraud in our state.”
"It is reprehensible that one would steal from federal health care programs intended to serve our country’s most vulnerable population,” said Derrick Jackson, Special Agent in Charge for the Department of Health and Human Services Office of Inspector General. “We will continue to work with our law enforcement partners to bring these criminals to justice.”
The case was investigated by Special Investigator Chris Radcliff of the Medicaid Fraud Control Unit of the South Carolina Attorney General’s office and Special Agent Chris Lott with the United States Department of Health and Human Services – Office of Inspector General. The case was prosecuted by Nancy Cote, Senior Assistant Deputy Attorney General and Director of the Medicaid Fraud Control Unit, and Assistant United States Attorney Matt Austin of the Charleston office.
#####
Gaffney Man Sentenced to Five Years in Federal Prison for Theft of Government FundsRead the Press Release
Columbia, South Carolina –------- United States Attorney Sherri A. Lydon announced today that James Littlejohn, age 66, of Gaffney, South Carolina, was sentenced for two counts of theft of United States government funds in violation of Title 18, United States Code, Section 641. Senior United States District Judge Henry M. Herlong, Jr., sentenced Littlejohn to serve five years in prison to be followed by three years of supervised release. Additionally, Littlejohn was ordered to pay restitution in the amount of $220,958.00.
At the guilty plea hearing on April 24, 2018, Assistant United States Attorney David C. Stephens advised the Court of the following facts. In February 2013 the Internal Revenue Service (IRS) received two Form 1040 Individual Income Tax Returns bearing Mr. Littlejohn’s name, address and Social Security Number. Each showed a large income with various deductions entitling Mr. Littlejohn to a refund for tax year 2011 of $98,261.44 and a refund for tax year 2012 of $122,696.56. Two checks in these amounts were sent to Mr. Littlejohn who cashed same and converted the funds to his own use. It was later learned that the Form 1040s were bogus and that Mr. Littlejohn was not entitled to the claimed refunds.
United States Attorney Lydon stated that the case had been investigated and prosecuted by Assistant United States Attorney Jaime Raich of the Southern District of Florida and Assistant United States Attorney David C. Stephens of the District of South Carolina, Greenville office.
#####
Columbia Man Pleads to Federal Firearm ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Corey F. Kitt, age 38, of Columbia, plead guilty in federal court to knowingly using and carrying a firearm during and in relation to, and possessing a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c). Chief United States District Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose a sentence after he has reviewed the presentence report, which will be prepared by the United States Probation Office.
Evidence presented in court established that on December 4, 2017, deputies with the Richland County Sheriff’s Department responded to Old Hopkins Road and Garners Ferry Road in reference to a subject sleeping behind the wheel of a truck while it was running and in drive on the roadway. Deputies found the driver to be Kitt, detected the odor of alcohol, and determined that Kitt, who did not have a driver’s license in his possession, was actually under suspension. Deputies also located a passenger asleep in the truck and upon speaking with her, they learned that there was possibly a shotgun in the back of the truck. Deputies searched the truck and found a loaded Glock handgun and a loaded 12 gauge shotgun. Further investigation revealed Kitt’s DNA on the handgun. Deputies also found methamphetamine and heroin inside the truck. Kitt admitted possession of the handgun and the drug.
Kitt faces a statutory mandatory 5 years imprisonment and a maximum of life, a fine of $250,000, and 5 years of supervised release. Kitt has prior convictions in state court, which prohibit him from possessing firearms and ammunition.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Richland County Sheriff’s Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney William K. Witherspoon of the Columbia office handled the case.
#####