Eastern District of Virginia

ALEXANDRIA, Va. – A Maryland man pleaded guilty today to making false statements to acquire firearms.

“The trafficking of illegally obtained firearms creates tremendous risk for violence and presents a serious danger to our communities and the law enforcement officers who keep us safe,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “We will continue our constantly expanding partnership with the ATF to use federal firearms laws to hold individuals accountable for their role in trafficking illegally purchased firearms.  The ATF in the Eastern District of Virginia is living up to its self-imposed motto of being no better partner.”

According to court documents, between September 2017 and March 2019, Christian Malik White, 22, purchased 40 firearms from federal firearms licensees in the Eastern District of Virginia using a false address in Gainesville. After purchasing the firearms, White trafficked the firearms across state lines to Maryland and Washington, D.C., where he re-sold the firearms to other individuals. One of these individuals was a convicted felon, who possessed the firearm in Washington, D.C. with an obliterated serial number. White instructed his customers to obliterate the serial numbers on the firearms he sold to them.

“Gun traffickers commit a worse crime than the illegal purchase, sale and transportation of firearms,” said Special Agent in Charge Ashan M. Benedict, ATF Washington Field Division. “As demonstrated by this case, these criminals provide a pathway for prohibited persons to obtain potentially deadly weapons for their own selfish profit and thereby put at risk the safety of all law abiding citizens and their families.”

White pleaded guilty to making false statements to acquire firearms and faces a maximum penalty of five years in prison when sentenced on August 2. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

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

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after U.S. District Judge Anthony J. Trenga accepted the plea. Assistant U.S. Attorney Nicholas U. Murphy II and Special Assistant U.S. Attorney Daniel J. Olinghouse are prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-157.

NEWPORT NEWS, Va. – A Virginia man pleaded guilty yesterday to possession of a firearm in furtherance of drug trafficking.

According to court documents, Leo Vaughn, 37, of Newport News, was found in possession of distribution quantities of marijuana and a large sum of cash during a routine traffic stop. When a search warrant was executed at his residence, law enforcement discovered several pounds of marijuana, more than $70,000 in cash and multiple firearms. 

Vaughn pleaded guilty to possessing a firearm in furtherance of drug trafficking and faces a mandatory minimum sentence of five years and a maximum of life in prison when sentenced on October 2. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

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

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, made the announcement after Senior U.S. District Judge Henry Coke Morgan, Jr., accepted the plea. Assistant U.S. Attorney Eric M. Hurt is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:19-cr-21.

NORFOLK, Va. – A Virginia man was sentenced today to nearly 16 years in prison for robbing a gun and ammunition dealer at gunpoint.

“Criminals who rob innocent victims at gunpoint and threaten them with death will be brought to justice,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “I want to thank our partners at the ATF for their outstanding work and assistance as we continue to target violent criminals who target innocent victims.”

According to court documents, Desmond Littlejohn, 33, of Norfolk, robbed the owner and an employee of Mac’s Reloads, which is a licensed federal firearms and ammunitions dealer. Littlejohn and his co-conspirator are friends with a former employee of Mac’s Reloads who provided them with inside information to help them successfully pull off a robbery of the store.

“Individuals such as these who are brazen enough to commit armed robberies are clear and present dangers to our community,” said Special Agent in Charge Ashan M. Benedict, ATF Washington Field Division. “The sentence in this case sends an unequivocal message that this conduct will not be tolerated and provide further evidence of ATF’s commitment to combating violent crime by utilizing all available resources to make our communities safer.”

On the day of the robbery, Littlejohn and his co-conspirator laid in wait at 3:00 a.m. for the owner and an employee of Mac’s Reloads to return from a gun show in Philadelphia. Dressed in dark clothes and ski masks, they ambushed the owner and the employee while brandishing firearms. They demanded that the owner handover a black bag, which they knew contained approximately $10,000 in proceeds from the gun show. They threatened the owner and the employee with death if they did not comply, and forced them at gunpoint to lay on the ground while they made their escape. As the robbers were driving away they tossed the contents of the black bag onto the road with the exception of the money.

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

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by U.S. District Judge Rebecca Beach Smith. Assistant U.S. Attorneys William D. Muhr and William B. Jackson prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-119.

RICHMOND, Va. – A Louisiana man pleaded guilty yesterday to production of child pornography. 

According to court documents, beginning in or about 2009, Alexander Witt, 30, of New Orleans, persuaded a minor to engage in sexual acts with him and took pictures of this minor nude and engaging in sexual acts. Witt also filmed himself and the minor engaging in sexual acts. 

Witt pleaded guilty to production of child pornography and faces a mandatory minimum of 15 years in prison and a maximum penalty of 30 years in prison when sentenced on August 15. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and David W. Archey, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after U.S. Magistrate Judge David J. Novak accepted the plea. Assistant U.S. Attorney Heather H. Mansfield and Special Assistant U.S. Attorney Samuel Eugene Fishel are prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-5.

ALEXANDRIA, Va. – Last night U.S. Attorney G. Zachary Terwilliger attended the 31st Annual Candlelight Vigil at the National Mall in support of National Police Week. 

“During Police Week, our nation appropriately pauses to celebrate the service and bravery of police officers from around the country who selflessly gave their last full measure of devotion,” said Terwilliger. “We will forever be in their debt for keeping our communities safe and allowing us the luxury of pursuing those ideals set forth by our founding fathers of life, liberty, and the pursuit of happiness. As first prioritized by former Attorney General Sessions and now reinforced by Attorney General Barr, the Department is committed to supporting our federal, state, and local law enforcement officers and their families. EDVA has their back, and they most certainly have our deepest thanks. Respect. Honor. Remember.”

National Police Week events began last week and will continue through this week, as the official dates being observed are May 12 to May 18.

Last Tuesday, Terwilliger joined law enforcement and faith-based community leaders at the 25th Annual Blue Mass at Saint Patrick’s Church in Washington, D.C. On Thursday, Terwilliger attended the Wreath Laying Ceremony at the Police Memorial in Waterfront Park honoring Alexandria Police Officers and Sheriff Deputies who have died in the line of duty. On Friday, Terwilliger attended the Observance of Peace Officers Memorial Day hosted by the Arlington County Police Department and Arlington County Sheriff’s Office, and the U.S. Marshals Service Annual Memorial Ceremony in Arlington.

Yesterday afternoon, Terwilliger attended the U.S. Immigration and Customs Enforcement’s 2019 Police Week Ceremony in Washington, D.C., and today he will attend Attorney General Barr’s law enforcement reception in honor of National Police Week, and the ATF’s 23rd Annual Memorial Observance in Washington, D.C.

In October 1962, Congress enacted a joint resolution, which the President signed, declaring May 15 as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice.

According to statistics reported to the FBI, 106 law enforcement officers were killed in line-of-duty incidents in 2018. Comprehensive data tables about these incidents and brief narratives describing the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2018 https://ucr.fbi.gov/leoka/2018/ recently released by the FBI.

The names of all 106 fallen officers nationwide were formally dedicated on the National Law Enforcement Officers Memorial in Washington, D.C., during the 31st Annual Candlelight Vigil tonight on the National Mall.

For more information about other National Police Week events, please visit www.policeweek.org.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. 

NORFOLK, Va. – A Honduran citizen who is currently charged in state court with alleged sex offenses against a minor pleaded guilty today to illegally reentering the United States.

“Calix-Cruz has been deported at taxpayer expense on multiple occasions,” said U.S. Attorney G. Zachary Terwilliger. “Additionally, he has been charged in state court with allegations of committing serious sex offenses against a minor. This prosecution and guilty plea show that the United States will continue to hold accountable those who disregard our nation’s borders and laws.”

According to court documents, Juviny Calix-Cruz, 42, originally illegally entered the United States in 2005. He was first removed from the country at taxpayer expense in June 2012, and again removed in July 2012 after he illegally reentered the country. He was next encountered by law enforcement authorities in the City of Norfolk in 2019, when he was arrested and later indicted by a state grand jury for forcible sodomy of a victim under the age of 13 years-old and taking indecent liberties with a child by a person in a custodial or supervisory relationship.

“This individual not only disregarded the nation’s immigration laws, but also committed criminal acts against an innocent child while in the country illegally,” said Lyle A. Boelens, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C. “ICE will continue to target convicted criminal aliens like Calix-Cruz for arrest, prosecution and removal from the United States.”

Calix-Cruz pleaded guilty to illegal reentry by a removed alien and faces a maximum penalty of two years in prison when sentenced on September 6. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, made the announcement after U.S. Magistrate Judge Douglas E. Miller accepted the plea. Assistant U.S. Attorney Daniel P. Shean is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-60.

ALEXANDRIA, Va. – An El Salvadorian man, who has a previous conviction for sexually assaulting a child, was sentenced today to 18 months in prison for illegally reentering the United States.

According to court documents, Julio Jimenez Garcia, 42, was deported at taxpayer expense in October 2008. Just one month later, Jimenez Garcia reentered the United States. In 2017, Jimenez Garcia was arrested by state police for sexually assaulting a five-year-old child on over 40 separate occasions. In April 2018, Jimenez Garcia pleaded guilty to the crime of indecent liberties with a child under the age of 15, and was sentenced to prison. He pleaded guilty to illegal reentry in this case in January 2019.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Lyle A. Boelens, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C., made the announcement after sentencing by U.S. District Judge Liam O’Grady. Special Assistant U.S. Attorneys La’Nese Clarke and Brianna Edgar prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-124.

NORFOLK, Va. – A Virginia Beach man pleaded guilty today to felon in possession of five firearms and witness tampering.

“Prohibited persons who possess firearms are a significant danger to the safety of our communities,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Deaton, who is prohibited from possessing firearms as a previously convicted felon, conspired with his girlfriend to illegally straw purchase and traffick firearms for profit. Straw purchasing firearms literally arms criminals, and puts law enforcement and the law-abiding public in danger. My thanks to the brave women and men of the ATF for their assistance in investigating and prosecuting this case.”

According to information before the court, Christopher Allen Deaton, 21, a previously convicted felon, was part of a straw-purchasing and gun-trafficking scheme in which he had his girlfriend purchase five handguns for him, so he could resell them at a profit to out-of-state buyers. He drove with his girlfriend to the gun store, told her which guns and ammo to buy, and directed her to commit multiple felonies by lying about being the actual buyer of the guns on a federal form regulating gun transactions. He then took possession of the handguns. 

While in jail on unrelated crimes, Deaton used the jail phone to convince his girlfriend not to cooperate with federal agents or testify in the proceedings against him. He started witness-tampering hours after ATF agents met him at a jail visit to discuss his knowledge about the criminal scheme.

Deaton pleaded guilty to being a felon in possession of firearms and witness tampering. He faces a maximum penalty of 10 years in prison when sentenced on September 3. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

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

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after U.S. Magistrate Judge Lawrence R. Leonard accepted the plea. Assistant U.S. Attorney William B. Jackson is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-37.

ALEXANDRIA, Va. – An illegal alien and violent felon who has previously illegally entered the United States on at least four occasions, pleaded guilty today to his fifth instance of illegally entering the United States.

According to court documents, Jose Edgardo Diaz-Ramos, 36, is a native and citizen of Honduras. Prior to his previous removal, Diaz-Ramos was convicted of a violent felony in California of willful infliction of corporal injury on a spouse. In 2014, after serving a sentence of six years in prison, Diaz-Ramos was deported at taxpayer expense for a fourth time. Sometime thereafter, Diaz-Ramos illegally reentered the United States again.

Diaz-Ramos pleaded guilty to illegal reentry of a removed alien after commission of a felony, and faces a maximum penalty of 10 years in prison when sentenced on July 26. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Lyle A. Boelens, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C., made the announcement after Senior U.S. District Judge T.S. Ellis accepted the plea. Special Assistant U.S. Attorney Brendan P. Geary is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-126.

ALEXANDRIA, Va. – An Virginia man pleaded guilty today to distribution of a drug that resulted in the death of a Leesburg woman.

According to court documents, Michael Napier, 35, of Aldie, distributed 1,4-butanadiol, an analogue of Gamma Hydroxybutyric Acid (GHB), a Schedule I controlled substance, which resulted in the death of A.H in June 2015. A medical examiner’s autopsy report for A.H. listed the cause of death as GHB Poisoning, and toxicology analysis revealed GHB was present in the victim’s blood and 1,4-butanadiol in A.H.’s urine. Three days after A.H.’s death, Napier was arrested in Loudoun County for driving under the influence of drugs, where law enforcement recovered a 500ml bottle of 1,4-butanadiol. Further investigation revealed Napier purchased a 1 liter bottle of 1,4-butanadiol online in May 2015 and showed text messages between Napier and the victim discussing drug distribution the eve of her death.

Napier pleaded guilty to distribution of 1,4-butanadiol, an GHB analogue, and faces a maximum penalty of 20 years in prison when sentenced on August 23. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Matthew J. DeSarno, Special Agent in Charge, Criminal Division, FBI Washington Field Office, and Michael L. Chapman, Loudoun County Sheriff, made the announcement after Senior U.S. District Judge T.S. Ellis III accepted the plea. Assistant U.S. Attorney Michael P. Ben’Ary and Special Assistant U.S. Attorney Lena Munasifi are prosecuting the case.

This case was investigated by the FBI Washington Field Office’s Safe Streets/HIDTA Task Force- Northern Virginia which is composed of Agents and Detectives from Fairfax County, PWC Police, Loudoun County Sheriff’s Office, Leesburg Police, Vienna Police, Alexandria City Police and Herndon Police. 

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-143.

A Norfolk, Virginia, man was sentenced today to three consecutive life terms plus an additional 40 years in prison for his leadership role in a racketeering conspiracy, multiple murders, multiple attempted murders and various drug and gun crimes, all as part of his leadership of the Nine Trey Gangsters Bloods gang.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia; Special Agent in Charge Martin Culbreth of the FBI’s Norfolk Field Office; Interim Chief Angela Greene of Portsmouth Police; Chief Larry D. Boone of Norfolk Police; Chief James A. Cervera of Virginia Beach Police; Chief Colonel K.L. Wright of Chesapeake Police and Chief Thomas E. Bennett of Suffolk Police made the announcement.

According to evidence introduced at trial, Antonio Simmons, aka Murdock, 41, was a high-ranking leader of a group of Portsmouth and Norfolk-based members of the Nine Trey Gangsters, a Bloods gang affiliated with the United Blood Nation.  Simmons and five other members and associates of the gang were charged for their roles in a spate of extreme violence in December 2015 that ended with five people dead and four others shot during seven separate shootings that crossed nearly every city in South Hampton Roads.  Simmons was sentenced by Chief U.S. District Judge Mark S. Davis.

Nearly all of the victims in the case were unaffiliated with the Nine Trey Gangsters or any other gang.  They included two mothers of young children and one grandmother who was murdered, along with her boyfriend, because gang members believed she was cooperating with the police in an investigation of another shooting carried out by a Nine Trey member just weeks before. 

Simmons was found guilty of the two murders that occurred during attempted robberies he directed his men to commit.  By the end of December, two of the gang’s primary shooters, Anthony Foye, aka Ace, and Nathaniel Mitchell, aka Savage, were in a competition to see who could gain a reputation within the gang for shooting the most people.  To even the score the men were keeping, Mitchell gunned down a woman walking home from her job at the Norfolk International Airport four days before Christmas.  The evidence at trial showed that Simmons bragged about the shootings carried out by Foye and Mitchell. 

In late 2015, Simmons ordered Foye, Mitchell and co-conspirators Alvaughn Davis, aka LB, and Malek Lassiter, aka Leeko, to murder high-ranking members of a rival Hampton Roads-based Nine Trey Gangsters “line.”  When the men were unable to find two of their targets, they drove to the house of a third man they planned to shoot.  When the woman who opened the door told them the man was not at home, they shot her six times; her life was saved by the quick response of local EMTs and the Portsmouth Police Department.  While the men fled from the scene, they fired several rounds at witnesses looking out of their windows.  Foye and Mitchell were arrested after robbing a gas station store later the same night.

Simmons, Mitchell and Lassiter were convicted on all counts after a seven-week jury trial. Foye and Davis pleaded guilty before trial, and another associate of the gang, Donte Brehon, pleaded guilty in a separate case.  Simmons was the last defendant to be sentenced.  The men charged, and the sentences they received, are as follows:

• Antonio Lee Simmons, aka Murdock and Doc, 41, of Norfolk, Virginia; Racketeering conspiracy; Heroin distribution conspiracy; Two counts of murder in Aid of Racketeering; Four counts of attempted murder in aid of racketeering; Three counts of assault with a dangerous weapon in aid of racketeering; Two counts of use of a firearm resulting in death; Four counts of use of a firearm during a crime of violence; various other firearm and drug offenses; Life plus 60 years in prison.
• Nathaniel Tyree Mitchell, aka Savage, 26, of Portsmouth, Virginia; Racketeering conspiracy; Four counts of murder in aid of racketeering; Six counts of attempted murder in aid of racketeering; Five counts of assault with a dangerous weapon in aid of racketeering; Four counts of use of a firearm resulting in death; Six counts of use of a firearm during a crime of violence; Five life sentences plus 50 years in prison.
• Anthony Foye, aka Ace and Bull, 27, of Portsmouth, Virginia; Four counts of murder in aid of racketeering; Life in prison.
• Malek Lassiter, aka Leeko, 23, of Portsmouth, Virginia; Racketeering conspiracy; Three counts of attempted murder in aid of racketeering; Two counts of assault with a dangerous weapon in aid of racketeering; Three counts of use of a firearm during a crime of violence; 35 years in prison.
• Alvaughn Davis, aka LB, 30, of Portsmouth, Virginia; Racketeering conspiracy; Use of a firearm resulting in death; Accessory after the fact to murder in aid of racketeering; 45 years in prison.
• Donte Brehon, aka Dog Nutz, 37, of Norfolk, Virginia; Accessory after the fact to assault with a dangerous weapon in aid of racketeering; distribution and possession with intent to distribute heroin; 13 years in prison.

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

The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Billy Club. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.

Trial Attorney Teresa A. Wallbaum of the Justice Department’s Organized Crime and Gang Section and Assistant U.S. Attorneys Joseph E. DePadilla, Andrew C. Bosse and John F. Butler prosecuted the case.

NORFOLK, Va. – A Norfolk man was sentenced today to three consecutive life terms plus an additional 40 years in prison for his leadership role in a racketeering conspiracy, multiple murders, multiple attempted murders, and various drug and gun crimes, all as part of his leadership of the Nine Trey Gangsters Bloods gang.

“Simmons and his gang committed horrific violence across nearly every community in Hampton Roads,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Their actions shattered five families and took parents away from their children. That they did these acts because the gang needed money and to enhance their reputation speaks volumes about what gangs really are – as opposed to what they claim to be when they recruit young men and women in our neighborhoods. Where gangs go, depravity and senseless violence follows. I would like to especially thank the police departments in every South Hampton Roads city for their assistance in bringing these men to justice.”

According to court documents, Antonio Simmons, aka “Murdock,” 41, was a high-ranking leader of a group of Portsmouth and Norfolk-based members of the Nine Trey Gangsters, a Bloods gang affiliated with the United Blood Nation. Simmons and five other members and associates of the gang were charged for their roles in a spate of extreme violence in December 2015 that ended with five people dead and four others shot during seven separate shootings that crossed nearly every city in South Hampton Roads. 

Nearly all of the victims in the case were unaffiliated with the Nine Trey Gangsters or any other gang. They included two mothers of young children and one grandmother who was murdered, along with her boyfriend, because gang members believed she was cooperating with the police in an investigation of another shooting carried out by a Nine Trey member just weeks before. 

Simmons was found guilty of the two murders that occurred during attempted robberies he directed his men to commit. By the end of December, two of the gang’s primary shooters, Anthony Foye, aka “Ace,” and Nathaniel Mitchell, aka “Savage,” were in a competition to see who could gain a reputation within the gang for shooting the most people. To even the score the men were keeping, Mitchell gunned down a woman walking home from her job at the Norfolk International Airport four days before Christmas. The evidence at trial showed that Simmons bragged about the shootings carried out by Foye and Mitchell. 

In late 2015, Simmons ordered Foye, Mitchell, and co-conspirators Alvaughn Davis, aka “LB,” and Malek Lassiter, aka “Leeko,” to murder high-ranking members of a rival Hampton Roads-based Nine Trey Gangsters “line.” When the men were unable to find two of their targets, they drove to the house of a third man they planned to shoot. When the woman who opened the door told them the man was not at home, they shot her six times; her life was saved by the quick response of local EMTs and the Portsmouth Police Department. While the men fled from the scene, they fired several rounds at witnesses looking out of their windows. Foye and Mitchell were arrested after robbing a gas station store later the same night.

Simmons, Mitchell, and Lassiter were convicted on all counts after a seven-week jury trial. Foye and Davis pleaded guilty before trial, and another associate of the gang, Donte Brehon, pleaded guilty in a separate case. Simmons was the last defendant to be sentenced. The men charged, and the sentences they received, are as follows:

Name

Age, Hometown

Convictions

Total Sentence

Antonio Lee Simmons, aka “Murdock,” “Doc”

41, Norfolk

Racketeering conspiracy; Heroin distribution conspiracy; Murder in Aid of Racketeering (2); Attempted murder in aid of racketeering in aid of racketeering (4); Assault with a dangerous weapon (3); Use of a firearm resulting in death (2); Use of a firearm during a crime of violence (4); various other firearm and drug offenses

Life plus 60 years

Nathaniel Tyree Mitchell, aka “Savage”

26, Portsmouth

Racketeering conspiracy; Murder in aid of racketeering (4); Attempted murder in aid of racketeering (6); Assault with a dangerous weapon  in aid of racketeering (5); Use of a firearm resulting in death (4); Use of a firearm during a crime of violence (6)

5 Life sentences plus 50 years

Anthony Foye,              aka “Ace,” “Bull”

27, Portsmouth

Murder in aid of racketeering (4)

Life

Malek Lassiter,             aka “Leeko”

23, Portsmouth

Racketeering conspiracy; Attempted murder in aid of racketeering (3); Assault with a dangerous weapon in aid of racketeering (2); Use of a firearm during a crime of violence (3)

35 years

Alvaughn Davis,            aka “LB”

30, Portsmouth

Racketeering conspiracy; Use of a firearm resulting in death; Accessory after the fact to murder in aid of racketeering

45 years

Donte Brehon,              aka “Dog Nutz”

37, Norfolk

Accessory after the fact to assault with a dangerous weapon in aid of racketeering; distribution and possession with intent to distribute heroin

13 years

 

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

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division; Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office; Angela Greene, Interim Chief of Portsmouth Police; Larry D. Boone, Chief of Norfolk Police; James A. Cervera, Chief of Virginia Beach Police; Col. K.L. Wright, Chief of Chesapeake Police; and Thomas E. Bennett, Chief of Suffolk Police, made the announcement after sentencing by Chief U.S. District Judge Mark S. Davis. Assistant U.S. Attorneys Joseph E. DePadilla, Andrew C. Bosse and John F. Butler, and Trial Attorney Teresa A. Wallbaum of the Justice Department’s Organized Crime and Gang Section prosecuted the case.

The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Billy Club. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:16-cr-130.

RICHMOND, Va. – A Guatemalan citizen pleaded guilty today to illegal reentry following removal after being convicted of a felony.

According to court documents, Esau Juarez-Garcia, 42, was arrested in March 2014 in Chesterfield County and convicted of his third driving while intoxicated offense in five years, which resulted in a felony. In April 2014, Juarez Garcia was deported at taxpayer expense. Sometime thereafter he illegally returned to the United States. In February 2019, ICE learned of his return after he was arrested in Chesterfield County for local violations. 

Juarez-Garcia pleaded guilty to illegal reentry following removal after being convicted of a felony and faces a maximum penalty of 10 years in prison when sentenced on August 13. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. Actual sentences for federal crimes are typically less than the maximum penalties

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Lyle A. Boelens, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C., made the announcement after U.S. Magistrate Judge Roderick C. Young accepted the plea. Assistant U.S. Attorney S. David Schiller is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-59.

ALEXANDRIA, Va. – A Honduran man was sentenced today to 33 years in prison for leading a drug trafficking organization that smuggled at least thousands of kilos of cocaine into the United States over the last decade.

According to court records and evidence presented at trial, Arnulfo Fagot-Maximo, 58, was the leader of a drug trafficking organization based in the La Mosquitia region of the Department of Gracias a Dios, Honduras. His organization was a critical link between Colombian cocaine suppliers and other major Honduran traffickers. For over a decade, Fagot-Maximo received cocaine along the Mosquitia coast from Colombia by “go fast” boats, small aircraft, and submersible vessels in quantities ranging from a few hundred to several thousand kilograms per delivery. Most of this cocaine was transferred to the Montes-Bobadilla organization in Francia, Honduras, where it was received by other traffickers. Eventually the cocaine was transported by land through Honduras and Guatemala, and then it was delivered to the Mexican cartels for importation into the United States.  Fagot-Maximo received tens of millions of dollars in U.S. currency for the sale and delivery of this cocaine. 

The case was investigated by the DEA as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Harpoon through DEA’s HIDTA Task Force in Annandale, Virginia. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Brian A. Benczkowski, Assistant Attorney General for the Criminal Division of the Department of Justice, Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, Raymond Villanueva, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., and Colonel Gary T. Settle, Superintendent of Virginia State Police, made the announcement after sentencing by U.S. District Judge Liam O’Grady.

Assistance in the investigation and prosecution was provided by the U.S. Attorney’s Offices for the Southern District of New York, the Middle District of Florida, and the Southern District of Florida. Assistance was also provided by the U.S. Coast Guard and the Honduran National Police. Assistant U.S. Attorneys James L. Trump, Thomas W. Traxler and DOJ Trial Attorney Anthony Aminoff prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-290.

A Honduran man was sentenced today to 33 years in prison for leading a drug trafficking organization that smuggled at least thousands of kilos of cocaine into the United States over the last decade.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia, Special Agent in Charge Jesse R. Fong of the Drug Enforcement Administration’s (DEA) Washington Field Division, Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office, Special Agent in Charge Raymond Villanueva of U.S Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Washington, D.C. and Superintendent of Virginia State Police Colonel Gary T. Settle made the announcement.

Arnulfo Fagot-Maximo, 58, was sentenced by U.S. District Judge Liam O’ Grady for the Eastern District of Virginia.  According to court records and evidence presented at trial, Fagot-Maximo was the leader of a drug trafficking organization based in the La Mosquitia region of the Department of Gracias a Dios, Honduras.  His organization was a critical link between Colombian cocaine suppliers and other major Honduran traffickers.  For over a decade, Fagot-Maximo received cocaine along the Mosquitia coast from Colombia by “go fast” boats, small aircraft and submersible vessels in quantities ranging from a few hundred to several thousand kilograms per delivery.  Most of this cocaine was transferred to the Montes-Bobadilla organization in Francia, Honduras, where other traffickers received it.  Eventually the cocaine was transported by land through Honduras and Guatemala, and then it was delivered to the Mexican cartels for importation into the United States.  Fagot-Maximo received tens of millions of dollars in U.S. currency for the sale and delivery of this cocaine. 

The case was investigated by the DEA as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Harpoon through DEA’s HIDTA Task Force in Annandale Virginia.  The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation and prosecution of major drug trafficking organizations.  The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.

Assistance in the investigation and prosecution was provided by the U.S. Attorney’s Offices for the Southern District of New York, the Middle District of Florida, and the Southern District of Florida.  Assistance was also provided by the U.S. Coast Guard and the Honduran National Police.  Assistant U.S. Attorneys James L. Trump, Thomas W. Traxler and Trial Attorney Anthony Aminoff with the Narcotic and Dangerous Drug Section prosecuted the case.

An indictment was unsealed today charging a former intelligence analyst with illegally obtaining classified national defense information and disclosing it to a reporter. Daniel Everette Hale, 31, of Nashville, Tennessee, was arrested this morning and will make his initial appearance today at the federal courthouse in Nashville.  Assistant Attorney General for National Security John C. Demers, U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia and Acting Special Agent in Charge Jennifer L. Moore of the FBI’s Baltimore Field Office made the announcement after the charges were unsealed. 

According to the indictment, Hale was enlisted in the U.S. Air Force from July 2009 to July 2013, during which time he received language and intelligence training.  While serving on active duty, Hale was assigned to work at the National Security Agency (NSA) and deployed to Afghanistan as an intelligence analyst.  After leaving the U.S. Air Force, Hale was employed by a defense contractor and assigned to the National Geospatial-Intelligence Agency (NGA), where he worked as a political geography analyst between December 2013 and August 2014.  In connection with his active duty service and work for the NSA, and during his time at NGA, Hale held a Top Secret//Sensitive Compartmented Information (TS//SCI) security clearance and was entrusted with access to classified national defense information.

According to allegations in the indictment, beginning in April 2013, while enlisted in the U.S. Air Force and assigned to the NSA, Hale began communicating with a reporter. Hale met with the reporter in person on multiple occasions, and, at times, communicated with the reporter via an encrypted messaging platform.  Then, in February 2014, while working as a cleared defense contractor at NGA, Hale printed six classified documents unrelated to his work at NGA and soon after exchanged a series of messages with the reporter.  Each of the six documents printed were later published by the reporter’s news outlet.

According to allegations in the indictment, while employed as a cleared defense contractor for NGA, Hale printed from his Top Secret computer 36 documents, including 23 documents unrelated to his work at NGA.  Of the 23 documents unrelated to his work at NGA, Hale provided at least 17 to the reporter and/or the reporter’s online news outlet, which published the documents in whole or in part. Eleven of the published documents were classified as Top Secret or Secret and marked as such.

According to allegations in the indictment, in August 2014, Hale’s cell phone contact list included contact information for the reporter, and he possessed two thumb drives.  One thumb drive contained a page marked “SECRET” from a classified document that Hale had printed in February 2014 and had attempted to delete from the thumb drive.  The other thumb drive contained Tor software and the Tails operating system, which were recommended by the reporter’s online news outlet in an article published on its website regarding how to anonymously “leak” documents. 

Hale is charged with obtaining national defense information, retention and transmission of national defense information, causing the communication of national defense information, disclosure of classified communications intelligence information, and theft of government property.  Each charge carries a maximum penalty of 10 years in prison.  Actual sentences for federal crimes are typically less than the maximum penalties.  A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

Assistant U.S. Attorneys Gordon D. Kromberg and Alexander P. Berrang and Senior Trial Attorney Heather M. Schmidt of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

An indictment contains allegations that a defendant has committed a crime.  Every defendant is presumed to be innocent until and unless proven guilty in court.

ALEXANDRIA, Va. – An indictment was unsealed today charging a former intelligence analyst with illegally obtaining classified national defense information and disclosing it to a reporter.

Daniel Everette Hale, 31, of Nashville, Tennessee, was arrested this morning and will make his initial appearance today at the federal courthouse in Nashville.

According to the indictment, Hale served as an enlisted airman in the U.S. Air Force from July 2009 to July 2013. After receiving language and intelligence training, Hale was assigned to work at the National Security Agency (NSA) and deployed to Afghanistan as an intelligence analyst. After leaving the U.S. Air Force in July 2013, Hale was employed by a defense contractor and assigned to the National Geospatial-Intelligence Agency (NGA), where he worked as a political geography analyst between December 2013 and August 2014. In connection with his active duty service and work for the NSA, and during his time at NGA, Hale held a Top Secret // Sensitive Compartmented Information (TS//SCI) security clearance and was entrusted with access to classified national defense information.

According to allegations in the indictment, beginning in April 2013, while enlisted in the U.S. Air Force and assigned to the NSA, Hale began communicating with a reporter. Hale met with the reporter in person on multiple occasions, and, at times, communicated with the reporter via an encrypted messaging platform. Then, in February 2014, while working as a cleared defense contractor at NGA, Hale printed six classified documents unrelated to his work at NGA and soon after exchanged a series of messages with the reporter.  Each of the six documents printed were later published by the reporter’s news outlet.

According to allegations in the indictment, while employed as a cleared defense contractor for NGA, Hale printed from his Top Secret computer 36 documents, including 23 documents unrelated to his work at NGA.  Of the 23 documents unrelated to his work at NGA, Hale provided at least 17 to the reporter and/or the reporter’s online news outlet, which published the documents in whole or in part. Eleven of the published documents were marked as Top Secret or Secret.

According to allegations in the indictment, in August 2014, Hale’s cell phone contact list included contact information for the reporter, and he possessed two thumb drives.  One thumb drive contained a page marked “SECRET” from a classified document that Hale had printed in February 2014 and had attempted to delete from the thumb drive.  The other thumb drive contained Tor software and the Tails operating system, which were recommended by the reporter’s online news outlet in an article published on its website regarding how to anonymously “leak” documents. 

Hale is charged with obtaining national defense information, retention and transmission of national defense information, causing the communication of national defense information, disclosure of classified communications intelligence information, and theft of government property.  Each charge carries a maximum penalty of 10 years in prison.  Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, John C. Demers, Assistant Attorney General for National Security, and Jennifer L. Moore, Acting Special Agent in Charge of the FBI’s Baltimore Field Office, made the announcement after the charges were unsealed. Assistant U.S. Attorneys Gordon D. Kromberg and Alexander P. Berrang and Senior Trial Attorney Heather M. Schmidt of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

The FBI’s Memphis Division – Nashville Resident Agency provided significant assistance with the arrest operation.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-59.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.

NORFOLK, Va. – A Virginia Beach dentist pleaded guilty today to conspiracy to distribute oxycodone pills without a legitimate medical purpose.

“Unethical doctors have no place in our communities,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Hartman used his medical license to push highly addictive pills throughout our community, and deliberately used addicted close friends, other medical professionals, and impoverished patients to obtain these dangerous drugs. Let this prosecution stand as a warning to other medical professional who choose to engage in similar activity: We will not cease our efforts in bringing these types of pill-pushers to justice.”

According to court documents, Gary Hartman, 48, has been a licensed dentist in Virginia since 2002. From 2014 to 2018, Hartman was involved in an elaborate scheme to prescribe oxycodone pills for his personal use and the use of his co-conspirators, which fell into three different categories of individuals. The first category of co-conspirators were close friends of Hartman since high school. Hartman would write prescriptions for oxycodone to his friends without a legitimate medical purpose, the friends would fill the prescriptions, bring back most of the pills for Hartman’s personal use and keep the remainder for their personal use. The second category of co-conspirators was another dentist. Hartman and the other dentist would write prescriptions to each other for oxycodone and muscle relaxants for the personal use of Hartman and the other dentist. The third category of co-conspirators were people who were impoverished. Hartman would promise to perform free dental work on these individuals in exchange for the service of filling prescriptions of oxycodone pills written by Hartman and bringing the pills back to Hartman for his personal use. This conspiracy involved 766 prescriptions written for non-medical reasons and almost 40,000 oxycodone pills.

Hartman pleaded guilty to conspiracy to distribute controlled substances and faces a maximum penalty of 20 years in prison when sentenced on October 2. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement after Senior U.S. District Judge Henry Coke Morgan, Jr. accepted the plea. Assistant U.S. Attorneys William D. Muhr and V. Kathleen Dougherty are prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-48.

NORFOLK, Va. – A Mexican man was sentenced today to 10 years in prison for conspiracy to distribute and possess with intent to distribute 5 kilograms or more of cocaine.

According to court documents, Ulises Garcia-Razo, 39, flew from Mexico to Norfolk on two occasions in June and July of 2018 to collect over $500,000 in narcotics proceeds and to retrieve multiple kilograms of unsold cocaine that had previously been shipped to Virginia. Garcia-Razo acted on behalf of a large-scale cocaine trafficking organization based in Mexico and California whose members orchestrated the delivery of at least two large shipments of cocaine in the spring and early summer of 2018. The cocaine was shipped cross-country by truck and delivered to a Public Storage business in Virginia Beach disguised as hot-air balloon equipment. In July 2018, Garcia-Razo and other co-defendants were arrested at a local hotel with 8 kilograms of cocaine and a large amount of cash after FBI, DEA, and Norfolk Police set up a successful sting operation.

The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Goodfellas. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, and Larry D. Boone, Chief of Norfolk Police, made the announcement after sentencing by Senior U.S. District Judge Robert G. Doumar. Assistant U.S. Attorney Sherrie S. Capotosto prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-156.

A Virginia man who previously served as a linguist for the FBI was arrested Saturday night on charges of making multiple false statements to FBI officials and obstructing a federal investigation.  Assistant Attorney General for National Security John C. Demers, U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia and Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office made the announcement.

According to court documents, Abdirizak Jaji Raghe Wehelie, aka Haji Raghe, 66, of St. Burk, was a federal contractor for the FBI and worked as a linguist translating communications captured by court-authorized surveillance of a suspect (Person A) in a terrorism investigation. Wehelie allegedly intentionally misidentified his own voice that was captured when Person A left a voicemail message on Wehelie’s mobile telephone. When questioned by FBI investigators about this particular incident, Wehelie made several misleading and/or false statements.

Wehelie is scheduled to make his initial appearance in federal court in Alexandria today at 2:00 p.m.

Wehelie is charged with making false statements to government officials and obstruction of a federal investigation. If convicted, he faces a maximum penalty of 25 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

Assistant U.S. Attorney James P. Gillis is prosecuting the case, with assistance from the National Security Division.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.

ALEXANDRIA, Va. – A Virginia man who previously served as a linguist for the FBI was arrested Saturday night on charges of obstructing a federal investigation and making multiple false statements to FBI officials.

According to court documents, Abdirizak Jaji Raghe Wehelie, aka Haji Raghe, 66, of Burke, was a federal contractor for the FBI and worked as a linguist translating communications captured by court-authorized surveillance of a suspect (Person A) in a terrorism investigation. Wehelie allegedly intentionally misidentified his own voice that was captured when Person A left a voicemail message on Wehelie’s mobile telephone. When questioned by FBI investigators about this particular incident, Wehelie made several misleading and/or false statements.

Wehelie is scheduled to make his initial appearance in federal court in Alexandria today at 10:00 a.m.

Wehelie is charged with making false statements to government officials and obstruction of a federal investigation. If convicted, he faces a maximum penalty of 25 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, John C. Demers, Assistant Attorney General for National Security, and Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement. Assistant U.S. Attorney James P. Gillis is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-CR-295-CMH.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.

ALEXANDRIA, Va. – A Washington, D.C. man was sentenced today to six and a half years in prison for in prison for his role in a marijuana conspiracy.

“This case illustrates certain dangers posed by organized criminal gangs: They have a built in distribution network, a division of labor and development of expertise by tasking their membership, and as a result they have the ability to move large quantities of narcotics,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Here, the distribution of marijuana resulted in the generation of thousands of dollars of illicit profit—cash—which generally serves as a dinner bell for armed robbers and can easily result in violent conflict and collateral injury to innocent bystanders. Thank you to our law enforcement partners who bravely continue to assist in our efforts in thwart drug trafficking and bring those perpetrators to justice.”

According to court documents, Cuong Huynh, 31, was the leader of a marijuana trafficking ring and leader of a criminal street gang known as the Asian Dragon Family. Under Huynh’s leadership, the Washington, D.C. area marijuana trafficking ring distributed over 100 kilograms of marijuana over a two-year period.

“This sentencing demonstrates the commitment of the FBI and our task force partners who work each day to identify individuals who are injecting drugs into our communities and leading criminal organizations.,” said Matthew J. DeSarno, Special Agent in Charge of the FBI’s Washington Field Office’s Criminal Division. “Thank you to our partners for their continued support in tackling organized crime and bringing those responsible to justice.”

Huynh operated at the center of the conspiracy, maintaining multiple wholesale sources of supply for marijuana while also maintaining a distribution network in the Washington, D.C. region. Huynh’s girlfriend, Victoria Nguyen, stored tens of thousands of dollars in cash proceeds at a time from the sale of marijuana and safeguarded those earnings for the next wholesale purchase. Nikco Nguyen and Michael Ngo, who were also members of the Asian Dragon Family, distributed marijuana for Huynh, picked up cash proceeds from customers and re-packaged larger quantities of marijuana into redistribution amounts.

Nikco Nguyen was sentenced to 30 months in prison and Michael Ngo was sentenced to 24 months in prison on April 12 for their roles in the conspiracy. Victoria Nguyen was sentenced to two years in prison on April 5 for her role in the conspiracy.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Matthew J. DeSarno, Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement after sentencing by U.S. District Judge Leonie M. Brinkema. Special Assistant U.S. Attorney Lena Munasifi and Assistant U.S. Attorney Dennis M. Fitzpatrick prosecuted the case.

This matter was investigated by the FBI Washington Field Office’s Transnational Organized Crime Task Force which consists of FBI Agents, task force officers from multiple other federal agencies, local, state and international law enforcement partners.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-12.

RICHMOND, Va. – A Goochland man was sentenced today to more than 15 years in prison for possession with the intent to distribute cocaine.

According to court documents, Richmond Police officers executed a traffic stop on Markenon Blakely, 40, in February 2018. Video camera footage showed that the officers were concerned when they saw Blakely dip forward in his seat and then sit back up as they approached his vehicle. For their safety, the officers directed Blakely to exit his vehicle, but he steadfastly refused. After politely speaking to Blakely for several minutes, during which they explained why they needed Blakely to step out of his car, Blakely still refused to exit the vehicle. The officers finally physically removed him from the car. In subsequently patting Blakely down for their safety, the officers discovered a loaded Glock .45 caliber pistol in Blakely’s waist area. They then found over $1,000 in Blakely’s left front pocket and nearly a half of a gram of marijuana in his right front pocket.

In a subsequent search of Blakely’s vehicle, the officers recovered 14.62 grams of cocaine hydrochloride and 2.33 grams of crack. They also found a second magazine for the Glock handgun, with ammunition in it. In pleading guilty in January 2019, Blakely admitted he possessed the drugs with the intent to distribute them and that the money was the proceeds of the unlawful distribution of controlled substances.

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

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge Henry E. Hudson. Assistant U.S. Attorney Stephen W. Miller prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:18-cr-126.

NEWPORT NEWS, Va. – A Newport News man was sentenced today to more than 17 years in prison for the unlawful possession of ammunition by a convicted felon.

“While firing multiple shots in the air in public is extremely dangerous, it may not seem to warrant federal prosecution when viewed without broader context,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “That action is more than just reckless when preceded by pointing a loaded weapon at another person’s face and making unprovoked threats of violence. When you add two decades-plus of violent and dangerous criminal activity to the story, it is time for the government to firmly enforce its primary mission: to protect its citizens. It is Claud’s significant criminal history that qualified him as an armed career criminal, and it is because of that status that we are able to protect the community from him for years to come.”

According to court documents, Rondale Latte Claud, 42, was inside a vehicle that pulled up to a fuel pump at a 7-Eleven on Jefferson Avenue in Newport News in June 2018 at approximately 2:00am with three other individuals. While one individual pumped gas into the vehicle, three other individuals, including Claud, entered the store. Upon exiting the store, Claud encountered a 7-Eleven employee on break outside talking to a friend in the parking lot. Unprovoked, Claud harassed and threatened the employee with violence, shouting at her as he walked back to the vehicle. With Claud in the passenger seat, the vehicle exited the 7-Eleven, drove past the employee still outside, and Claud rolled down his window, pointed a gun at her face, and then pointed the firearm in the air and fired four shots. He fired four more shots in the air as the vehicle exited the 7-Eleven. No one was injured. 

Although the gun was never recovered, investigators used the National Integrated Ballistic Information Network (NIBIN), to match the shell casings from the 7-Eleven incident with shell casings from a homicide occurring three days later. Claud is not believed to be connected with the homicide but refused to assist law enforcement with the investigation.

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

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Steve R. Drew, Chief of Newport News Police, made the announcement after U.S. District Judge Arenda Wright Allen accepted the plea. Assistant U.S. Attorney Peter G. Osyf is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:18-cr-91.

NEWPORT NEWS, Va. – A Gloucester County man was sentenced today to 10 years in prison for possession of unregistered explosive devices and making a false material statement to federal agents.

“Thanks to the professionalism, bravery, and collaboration of federal, state, and local law enforcement, Powers was brought to justice and will now pay the price for his cowardly criminal acts,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Thankfully, he will now be in a place where his apparent desire to hurt innocent individuals will be nearly impossible.”

According to witness testimony and court documents, Stephen Powers, 31, was a maintenance employee of Colonial Williamsburg. While in that role he began to work on what would ultimately be the creation of four explosive devices or pipe bombs. In October 2017, Powers took one of the explosive devices to an area in the commercial area of Colonial Williamsburg. The area was particularly busy given the Homecoming events associated with the College of William and Mary. Powers connected one of these devices to an outlet. The outlet was programed to receive electrical current at 5:00pm each evening so that decorative lights would activate in the shopping area. When the outlet activated, the explosive device ignited and exploded. This explosion sent large fragments of metal in several directions, landing as far away as 200 feet. The force of the explosion was sufficient to cause significant injury or death if any individuals had been struck by the fragments.

“We should all feel extremely fortunate this individual’s recklessness and brazen indifference for human life did not result in someone being killed or seriously injured,” said Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division.  So long as there are criminals out there whose aim is to disrupt the peace in our communities, ATF will continue to advance its mission to combat violent crime.  I am proud of the outstanding investigative work done by the ATF Norfolk Office and those investigators with the Williamsburg Police Department, the Virginia State Bomb Squad and the FBI, who quickly identified and brought this individual to justice.”

When Powers was identified as a suspect and interviewed by Special Agents from ATF and FBI, Powers made multiple false material statements, including claims of military service and that his credit card, which was used to purchase bomb components had been stolen from him. 

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen. Assistant U.S. Attorneys Eric M. Hurt and Robert E. Bradenham prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:18-cr-37.

RICHMOND, Va. – A Fredericksburg man was sentenced today to six and a half years in prison for possession with intent to distribute fentanyl.

“Illicit fentanyl is killing people every day,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Here, Codynah was not content simply to distribute poison, but endangered additional lives by shooting fentanyl while driving and losing control of his vehicle. We are in a fight for the lives of Virginians. We must remain vigilant in our enforcement efforts, continue to raise awareness in our communities, educate our children on the dangers of opioids, and work across the entire suite of law enforcement efforts to keep fentanyl specifically and opioids in general from hitting the streets.”

According to court documents, Keevon Lujack Codynah, 28, wrecked his car last Fourth of July after using fentanyl and losing consciousness. First responders at the scene of the crash located hypodermic needles and syringes in and around the defendant’s car. After being flown to the hospital for medical treatment, hospital staff located additional hypodermic needles and 38 capsules that each contained fentanyl on Codynah, that he was delivering to another individual for resale Over the course of Codynah’s involvement, he distributed more than 40 grams of fentanyl.      

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division and Colonel Gary T. Settle, Superintendent of Virginia State Police, made the announcement after sentencing by U.S. District Judge M. Hannah Lauck. Assistant U.S. Attorney Olivia L. Norman prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:18-cr-159.

ALEXANDRIA, Va. – A California company that offers on-line test preparation courses related to licensing examinations for professional purposes, including engineering, architectural, and designing, has agreed to pay a total of $50,000 and take remedial action to resolve complaints that it failed to provide captioning for its online exam preparation courses. 

The allegations involve an individual who lives in Northern Virginia, has multiple degrees, works as an engineer, and is deaf. The individual requested that Professional Publications, Inc., (PPI) located in Belmont, provide captioning for its online video course to prepare for the Principles and Practice of Engineering Exam, the examination required to become a licensed Professional Engineer. The Principles and Practices Engineering examination is required by all 50 states, the District of Columbia and United States territories to become licensed as a Professional Engineer. During the course of the office’s investigation, it was discovered that PPI had allegedly previously failed to provide its courses in an accessible manner when requested by three other potential students who are deaf.

“The ADA works to ensure equality of opportunity and economic self-sufficiency for individuals with disabilities,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “This case demonstrates this office’s unwavering commitment to protecting the rights of those who are deaf or hard of hearing to equality of economic opportunity, including access to courses that prepare them for high stakes examinations, such as state licensing examinations.”

To resolve this complaint, PPI agreed to adopt policies that will make its courses accessible; designate an ADA Course Modification Coordinator, who will be responsible for ensuring PPI’s compliance with the ADA; make its online video courses accessible to individuals with disabilities by making it compliant with the Web Content Accessibility Guidelines 2.0, including captioning videos for courses in which a student who is deaf is enrolled; and provide training for its personnel on the ADA’s requirements. PPI also agreed to pay $10,000 to each of the four aggrieved individuals, as well as a $10,000 civil penalty to the United States.

During the course of the investigation of this matter, Kaplan, Inc. acquired PPI in an unrelated transaction.

The matter was handled by Assistant U.S. Attorney Steve Gordon, who is the Civil Rights Enforcement Coordinator for the U.S. Attorney’s Office.  The ADA claims settled by this agreement are allegations only; there has been no determination of liability.

The ADA prohibits discrimination by entities that offers examination or courses related to licensing or credentialing for professional or trade purposes.  Among other things, entities that offer such courses must offer them in a place and manner accessible to persons with disabilities, including providing appropriate auxiliary aids and services for persons who are deaf or hard of hearing.

The Department of Justice has a number of publications available to assist entities in complying with the ADA, including “ADA Requirements:  Effective Communication” and “ADA Requirements:  Testing Accommodations.”  For more information on the ADA and to access these publications, visit http://www.ada.gov or call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383.  ADA complaints may be filed by email to ada.complaint@usdoj.gov.

A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.

NEWPORT NEWS, Va. – A Newport News man pleaded guilty today to possession of a firearm by felon.

According to court documents, Roosevelt Byrd, 46, was suspected of distributing narcotics in downtown Newport News. After being approached by police officers, Byrd fled on foot and discarded a small bag later discovered to contain “crack” cocaine. Once apprehended, Byrd told law enforcement that he had recently purchased a firearm and that he kept it in his residence. Police obtained written consent to search Byrd’s residence and located the firearm exactly as Byrd described it.

Byrd pleaded guilty to being a felon in possession of a firearm and faces a maximum penalty of 10 years in prison when sentenced on August 12. Due to Byrd’s criminal history, he may qualify him as an armed career criminal and thus face a mandatory minimum penalty of 15 years to life in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

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

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Steve R. Drew, Chief of Newport News Police, made the announcement after Senior U.S. District Judge Robert G. Doumar accepted the plea. Assistant U.S. Attorney Peter G. Osyf is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:19-cr-33.

ALEXANDRIA, Va. – A former Central Intelligence Agency (CIA) case officer pleaded guilty today to conspiring to communicate, deliver and transmit national defense information to the People’s Republic of China.

“Those Americans entrusted with our government’s most closely held secrets have a tremendous responsibility to safeguard that information,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Instead of embracing that responsibility and honoring his commitment to not disclose national defense information, Lee sold out his country, conspired to become a spy for a foreign government, and then repeatedly lied to investigators about his conduct. This prosecution should serve as a warning to others who would compromise our nation’s secrets and betray our country’s trust. My thanks to the prosecutors, agents and our intelligence community partners for their terrific work on this important case.”

According to court documents, Jerry Chun Shing Lee, 54, left the CIA in 2007 and began residing in Hong Kong. In April 2010, two Chinese intelligence officers (IOs) approached Lee and offered to pay him for national defense information he had acquired as a CIA case officer. The IOs also told Lee they had prepared for him a gift of $100,000 cash, and they offered to take care of him “for life” in exchange for his cooperation.

Beginning sometime in May 2010 and continuing into at least 2011, Lee received requests for information, or taskings, from the Chinese IOs. The majority of the taskings asked Lee to reveal sensitive information about the CIA, including national defense information. On May 14, 2010, Lee made or caused to be made a cash deposit of $138,000 HKD (approximately $17,468 in USD) into his personal bank account in Hong Kong. This would be the first of hundreds of thousands of dollars (USD equivalent) in cash deposits Lee made or caused to be made into his personal HSBC account from May 2010 through December 2013.

“This is the third case in less than a year in which a former US intelligence officer has pled or been found guilty of conspiring with Chinese intelligence services to pass them national defense information,” said Assistant Attorney General Demers. “Every one of these cases is a tragic betrayal of country and colleagues. The National Security Division will continue to prosecute individuals like Lee who abuse their former access to classified information for financial gain while threatening the security of America. Many thanks to the agents, analysts and prosecutors whose work led to today’s outcome.”

On May 26, 2010, Lee created on his laptop computer a document that described, among other things, certain locations to which the CIA would assign officers with certain identified experience, as well as the particular location and timeframe of a sensitive CIA operation. After Lee created this document, he transferred it from his laptop to a thumb drive. The document included national defense information of the United States that was classified at the Secret level.

In August 2012, the FBI conducted a court-authorized search of a hotel room in Honolulu, Hawaii registered in Lee’s name. The search revealed that Lee possessed the thumb drive within his personal luggage. The FBI forensically imaged the thumb drive and later located the document in the unallocated space of the thumb drive, meaning that it had been deleted. The search also revealed that Lee possessed a day planner and an address book that contained handwritten notes made by Lee that mostly related to his work as a CIA case officer prior to 2004. These notes included, among other things, intelligence provided by CIA assets, true names of assets, operational meeting locations and phone numbers, and information about covert facilities.

“Today’s guilty plea is an example of how the FBI and the Department of Justice successfully pursue threats to our nation’s security and intelligence,” said Nancy McNamara, Assistant Director in Charge of the FBI's Washington Field Office. “U.S. Government employees are entrusted by the American people to keep our country safe and secure from adversaries. The targeting of former U.S. security clearance holders by Chinese intelligence services is a constant threat we face, and the FBI will continue to combat these threats and guard our nation against those who conspire to compromise our national security. I would like to thank the hardworking people of the FBI who work each day to defend our security and intelligence.”

During 2012, Lee had a series of interviews with the CIA. Throughout these interviews, in response to questions about what the IOs had wanted from him, Lee intentionally failed to disclose that he had received taskings from them. In May 2013, the FBI conducted three interviews with Lee. During one of those interviews, Lee admitted that he had received taskings but stated that he had not kept the written requests because they would tend to incriminate him.

“Today, Mr. Lee accepts responsibility not only for his crimes but also for their dangerous ramifications,” said John Brown, Assistant Director for Counterintelligence for FBI. “By knowingly aiding a foreign government, Mr. Lee put our country’s national security at serious risk and also threatened the safety and personal security of innocent people, namely his former intelligence colleagues. He deserves to answer for his treachery and he will do so as a result of the dedication of the FBI’s Counterintelligence Division, the Washington Field Office, and the Department of Justice in pursuing this case.”

The FBI interviewers also confronted Lee with the sensitive document discovered on the thumb drive. Lee falsely denied that he possessed it, claimed not to know who created it, and denied knowing why it would have been on his computer. He also denied deleting the document. Approximately one week later, in another FBI interview, Lee admitted that he created the document in response to two taskings from the IOs and transferred it to a thumb drive. He also said he thought about giving it to the IOs but never did.

In a January 2018 interview with the FBI, Lee falsely denied that he ever kept any work-related notes at home. When shown a photocopy of the front covers of the day planner and address book described above, as well as a copy of his handwriting therein, Lee falsely denied that he possessed the notebooks while transiting through Hawaii in August 2012. Lee also falsely denied that either of the books contained notes from asset meetings but conceded that any such notes would be classified. Further, Lee falsely denied that he ever put the sensitive document on a thumb drive, notwithstanding the fact that he had admitted having done so when interviewed by FBI agents in May 2013. Finally, Lee also falsely told the interviewing agents that in drafting this document he was writing down things “more [like] a diary thing,” notwithstanding the fact that in May 2013 he had told FBI agents that he had created the document in response to two taskings from the Chinese IOs.

Lee pleaded guilty to conspiracy to deliver national defense information to aid a foreign government and faces a maximum penalty of life in prison when sentenced on August 23. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, John C. Demers, Assistant Attorney General for National Security, and Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after Senior U.S. District Judge T.S. Ellis III accepted the plea. Assistant U.S. Attorney Neil Hammerstrom and Trial Attorneys Patrick T. Murphy and Adam L. Small of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case with assistance from Assistant U.S. Attorney Inayat Delawala.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-89.

A former Central Intelligence Agency (CIA) case officer pleaded guilty today to conspiring to communicate, deliver and transmit national defense information to the People’s Republic of China.  Assistant Attorney General for National Security John C. Demers, U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia, Assistant Director for Counterintelligence John Brown of the FBI and Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office made the announcement after Senior U.S. District Judge T.S. Ellis III accepted the plea.

According to court documents, Jerry Chun Shing Lee, 54, left the CIA in 2007 and began residing in Hong Kong.  In April 2010, two Chinese intelligence officers (IOs) approached Lee and offered to pay him for national defense information he had acquired as a CIA case officer.  The IOs also told Lee they had prepared for him a gift of $100,000 cash, and they offered to take care of him “for life” in exchange for his cooperation.

Beginning sometime in May 2010 and continuing into at least 2011, Lee received requests for information, or taskings, from the Chinese IOs.  The majority of the taskings asked Lee to reveal sensitive information about the CIA, including national defense information.  On May 14, 2010, Lee made or caused to be made a cash deposit of $138,000 HKD (approximately $17,468 in USD) into his personal bank account in Hong Kong.  This would be the first of hundreds of thousands of dollars (USD equivalent) in cash deposits Lee made or caused to be made into his personal HSBC account from May 2010 through December 2013.

“This is the third case in less than a year in which a former US intelligence officer has pled or been found guilty of conspiring with Chinese intelligence services to pass them national defense information,” said Assistant Attorney General Demers.  “Every one of these cases is a tragic betrayal of country and colleagues.  The National Security Division will continue to prosecute individuals like Lee who abuse their former access to classified information for financial gain while threatening the security of America.  Many thanks to the agents, analysts and prosecutors whose work led to today’s outcome.”

“Those Americans entrusted with our government’s most closely held secrets have a tremendous responsibility to safeguard that information,” said U.S. Attorney Terwilliger.  “Instead of embracing that responsibility and honoring his commitment to not disclose national defense information, Lee sold out his country, conspired to become a spy for a foreign government, and then repeatedly lied to investigators about his conduct.  This prosecution should serve as a warning to others who would compromise our nation’s secrets and betray our country’s trust.  My thanks to the prosecutors, agents and our intelligence community partners for their terrific work on this important case.”

“Today, Mr. Lee accepts responsibility not only for his crimes but also for their dangerous ramifications” said Assistant Director Brown.  “By knowingly aiding a foreign government, Mr. Lee put our country’s national security at serious risk and also threatened the safety and personal security of innocent people, namely his former intelligence colleagues.  He deserves to answer for his treachery and he will do so as a result of the dedication of the FBI’s Counterintelligence Division, the Washington Field Office, and the Department of Justice in pursuing this case.”

“Today's guilty plea is an example of how the FBI and the Department of Justice successfully pursue threats to our nation's security and intelligence,” said Assistant Director McNamara.  “U.S. Government employees are entrusted by the American people to keep our country safe and secure from adversaries.  The targeting of former U.S. security clearance holders by Chinese intelligence services is a constant threat we face, and the FBI will continue to combat these threats and guard our nation against those who conspire to compromise our national security.  I would like to thank the hardworking people of the FBI who work each day to defend our security and intelligence.”

On May 26, 2010, Lee created on his laptop computer a document that described, among other things, certain locations to which the CIA would assign officers with certain identified experience, as well as the particular location and timeframe of a sensitive CIA operation.  After Lee created this document, he transferred it from his laptop to a thumb drive.  The document included national defense information of the United States that was classified at the Secret level.

In August 2012, the FBI conducted a court-authorized search of a hotel room in Honolulu, Hawaii registered in Lee’s name.  The search revealed that Lee possessed the thumb drive within his personal luggage.  The FBI forensically imaged the thumb drive and later located the document in the unallocated space of the thumb drive, meaning that it had been deleted.  The search also revealed that Lee possessed a day planner and an address book that contained handwritten notes made by Lee that related to his work as a CIA case officer prior to 2004.  These notes included, among other things, intelligence provided by CIA assets, true names of assets, operational meeting locations and phone numbers, and information about covert facilities.

During 2012, Lee had a series of interviews with the CIA.  Throughout these interviews, in response to questions about what the IOs had wanted from him, Lee intentionally failed to disclose that he had received taskings from them.  In May 2013, the FBI conducted three interviews with Lee.  During one of those interviews, Lee admitted that he had received taskings but stated that he had not kept the written requests because they would tend to incriminate him.

The FBI interviewers also confronted Lee with the sensitive document discovered on the thumb drive.  Lee falsely denied that he possessed it, claimed not to know who created it, and denied knowing why it would have been on his computer.  He also denied deleting the document.  Approximately one week later, in another FBI interview, Lee admitted that he created the document in response to two taskings from the IOs and transferred it to a thumb drive.  He also said he thought about giving it to the IOs but never did.

In a January 2018 interview with the FBI, Lee falsely denied that he ever kept any work-related notes at home.  When shown a photocopy of the front covers of the day planner and address book described above, as well as a copy of his handwriting therein, Lee falsely denied that he possessed the notebooks while transiting through Hawaii in August 2012.  Lee also falsely denied that either of the books contained notes from asset meetings but conceded that any such notes would be classified.  Further, Lee falsely denied that he ever put the sensitive document on a thumb drive, notwithstanding the fact that he had admitted having done so when interviewed by FBI agents in May 2013.  Finally, Lee also falsely told the interviewing agents that in drafting this document he was writing down things “more [like] a diary thing,” notwithstanding the fact that in May 2013 he had told FBI agents that he had created the document in response to two taskings from the Chinese IOs.

Lee pleaded guilty to conspiracy to deliver national defense information to aid a foreign government and faces a maximum penalty of life in prison when sentenced on Aug. 23, 2019.  Actual sentences for federal crimes are typically less than the maximum penalties.  A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

Assistant U.S. Attorney Neil Hammerstrom and Trial Attorneys Patrick T. Murphy and Adam L. Small of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case, with assistance from Assistant U.S. Attorney Inayat Delawala.

ALEXANDRIA, Va. – A Philadelphia man pleaded guilty today to his role in a gas pump skimming fraud scheme in Northern Virginia and elsewhere that resulted in the theft of thousands of credit and debit cards and a loss to financial institutions and the U.S. Postal Service of nearly $500,000 in actual losses and at least $3.5 million in intended losses.

According to court documents, Timurbek Khasanov, 38, participated in a scheme that involved at least six other individuals. The scheme was carried out by attaching electronic devices known as “skimmers” to gas pump payment systems—which collected the information captured when unwitting customers swiped their payment cards at the compromised gas pumps—and then encoding the stolen card numbers onto physical payment cards. Thereafter, the encoded physical cards were used throughout Northern Virginia and elsewhere to make fraudulent ATM withdrawals and U.S. Postal Service money order purchases. Court documents show that between May and August 2017, Khasanov used these encoded physical cards to make at least $5,100 in unauthorized cash withdrawals from ATMs and to purchase at least $6,200 in U.S. Postal Service money orders.

Khasanov pleaded guilty to bank fraud and wire fraud, each of which carry maximum terms of imprisonment of 30 years, as well as aggravated identity theft, which carries a mandatory term of imprisonment of 2 years.  Khasanov is scheduled to be sentenced on September 6.  Actual sentences for federal crimes are typically less than the maximum penalties, and a federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

As reflected in court documents, in addition to Khasanov, the six individuals listed in the table below have been charged in connection with the same criminal conduct, have pleaded guilty to the listed offenses, and have been sentenced.

Name, Age

Hometown

Convictions

Total Sentence

Rudolf Mekhakian, 31

Van Nuys, CA

Conspiracy to Commit Bank and Wire Fraud; Aggravated Identity Theft

90 months

Radik Karapetyan, 25

North Hollywood, CA

Conspiracy to Commit Bank and Wire Fraud; Aggravated Identity Theft

78  months

Siranush Yengibaryan, 24

Van Nuys, CA

Conspiracy to Commit Bank and Wire Fraud; Aggravated Identity Theft

66 months

Armen Saplekchian, 37

Tarzana, CA

Conspiracy to Commit Bank and Wire Fraud; Aggravated Identity Theft

60 months

Mushegh Melkonyan, 28

Las Vegas, NV

Conspiracy to Commit Bank and Wire Fraud; Aggravated Identity Theft

54 months

Anatoly Zinchenko, 47

Philadelphia, PA

Conspiracy to Commit Bank and Wire Fraud

 

33 months

 

Court documents indicate that some of the above-listed defendants may face immigration consequences as a result of their convictions. For instance, Karapetyan and Yengibaryan are citizens of Armenia and green card holders, and Saplekchian is an illegal alien.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Raymond Villanueva, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., Matthew J. DeSarno, Special Agent in Charge, Criminal Division, FBI Washington Field Office, Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, and Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, made the announcement after U.S. District Judge Liam O’Grady accepted the plea. Assistant U.S. Attorneys Alexander P. Berrang and Kellen S. Dwyer are prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.  Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case Nos. 1:18-cr-136, 1:18-cr-143, 1:18-cr-144, and 1:18-cr-149.

ALEXANDRIA, Va. – A California man pleaded guilty today to posing as a lawyer in order to defraud numerous car accident victims who were members of immigrant communities in Northern Virginia.

According to court documents, Tuan Duc Nguyen, 55, of Garden Grove, falsely held himself out to car accident victims and insurance companies alike as a lawyer for over four years. In the course of his scheme, Nguyen told victims he would represent their interests and they would receive settlement proceeds from insurance companies. But instead of disbursing funds to the victims, Nguyen kept the money for himself. Nguyen carried out the scheme by providing false address information to settling insurance companies so that the victims would not learn of the settlement and by signing documents with false signatures. When victims contacted Nguyen to inquire about the status of their claims, Nguyen often deceived them by stating that negotiations were ongoing when, in fact, the claims had already been settled and Nguyen had stolen the money.

Nguyen pleaded guilty to mail fraud and wire fraud and faces a maximum penalty of 20 years in prison when sentenced on September 6. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Matthew J. DeSarno, Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement after U.S. District Judge Liam O’Grady accepted the plea. Special Assistant U.S. Attorney Andrew Dober and Assistant U.S. Attorney Kellen S. Dwyer are prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-329.

WASHINGTON – A Virginia man was sentenced today to 15 years in prison to be followed by five years of supervised release following his conviction at trial for producing child pornography.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia made the announcement.

Logan Roy McCauley, 25, of Hamilton, Virginia, was sentenced by Senior U.S. District Judge T.S. Ellis III for the Eastern District of Virginia.  According to court documents and evidence presented at trial, in 2016 and 2017, McCauley repeatedly went online and engaged in sexualized conversations with individuals who identified themselves as minors.  Then, in November 2017, after meeting a 13-year-old online, McCauley drove to the minor’s residence in West Virginia, picked up the minor, and drove the minor back to his residence in Hamilton.  Within hours of arriving, McCauley engaged in sexual intercourse with the minor for purposes of using a smartphone to record a portion of the sexual abuse.  Soon after creating the video, McCauley sent an online message to another person admitting he had made the video that morning.  The day after McCauley created the video, law enforcement went to McCauley’s residence in search of the minor.  Both McCauley and the minor were present, and McCauley told law enforcement about the video, which was still on McCauley’s smartphone.

The case was investigated by the FBI and the Loudoun County Sheriff’s Office.  Trial Attorney Gwendelynn Bills of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorneys Alexander Berrang and Jay Prabhu of the Eastern District of Virginia prosecuted the case.

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 the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.

ALEXANDRIA, Va. – A Hamilton man was sentenced today to 15 years in prison for producing child pornography.

“The nature and vile actions of McCauley are nothing short of despicable and among the most serious crimes contemplated by the federal criminal code,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “The production of child pornography is heinous and causes incalculable and unknowable harm to victims. I want to thank our local, state and federal law enforcement partners for their tremendous work on this case and for protecting our most vulnerable victims from horrendous criminals like McCauley.”

According to court documents and evidence presented at trial, in 2016 and 2017, Logan Roy McCauley, 25, repeatedly went online and engaged in sexualized conversations with individuals who identified themselves as minors. Then, in November 2017, after meeting a 13-year-old online, McCauley drove to the minor’s residence in West Virginia, picked up the minor, and drove the minor back to his residence in Hamilton. Within hours of arriving, McCauley engaged in sexual intercourse with the minor for purposes of using a smartphone to record a portion of the sexual abuse. Soon after creating the video, McCauley sent an online message to another person admitting he had made the video that morning. The day after McCauley created the video, law enforcement went to McCauley’s residence in search of the minor. Both McCauley and the minor were present, and McCauley told law enforcement about the video, which was still on McCauley’s smartphone.

“This sentence is a result of the hard work of dedicated law enforcement personnel who work to safeguard children against these atrocious acts and people," said Matthew J. DeSarno, Special Agent in Charge of the Washington Field Office’s Criminal Division. “On behalf of the FBI, I would like to thank our law enforcement partners across multiple states who assisted in the safe recovery of the minor victim.”

This matter was investigated by the FBI Washington Field Office’s Child Exploitation and Human Trafficking Task Force, which is composed of FBI agents, along with detectives from the Fairfax County Police, Arlington County Police,  Prince William County Police, Loudoun County Sheriff’s Office, Leesburg Police, Alexandria City Police, Washington Metropolitan Police, Fauquier County Sheriff’s Office, George Mason University Police, United States Marshal’s Service, and agents of various Office of Inspector Generals. This matter was brought to the task force as a result of interagency cooperation between West Virginian local authorities and FBI’s Pittsburgh Field Office in an attempt to locate the victim who was reported missing.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division, Matthew J. DeSarno, Special Agent in Charge, Criminal Division, FBI Washington Field Office, and Michael L. Chapman, Loudoun County Sheriff, made the announcement after sentencing by Senior U.S. District Judge T.S. Ellis III. Assistant U.S. Attorneys Alexander P. Berrang and Jay V. Prabhu, and Special Assistant U.S. Attorney Gwendelynn E. Bills prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-330.

ALEXANDRIA, Va. – A Maryland man was sentenced today to five years in prison for his participation in a conspiracy to distribute oxycodone.

According to court documents, Daniel Webster Ray, Jr., 53, of Hughesville, participated in a conspiracy to distribute oxycodone through a scheme whereby one of his co-conspirators, a former medical assistant at doctor’s offices in Arlington and Alexandria, stole blank prescription pads and electronically generated fraudulent prescriptions using a medical recordkeeping system.

Ray both filled prescriptions for his co-conspirator and bought prescriptions and/or already filled-prescriptions from the co-conspirator, in order to sell the oxycodone pills thereafter. Ray paid his co-conspirator $1,000 per pre-filled bottle of oxycodone and $800 for each blank prescription, in order to sell the pills for profit. During the conspiracy, Ray facilitated the distribution of at least 353 oxycodone prescriptions, totaling 42,360 pills of 30 milligram oxycodone.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Matthew J. DeSarno, Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement after sentencing by U.S. District Judge Leonie M. Brinkema. Special Assistant U.S. Attorney Brendan Geary and former Special Assistant U.S. Attorney Matthew Anzaldi prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-177.

ALEXANDRIA, Va. – A former physician was sentenced today to more than seven years in prison for operating a pill mill that illegally distributed over 600,000 oxycodone pills out of a pain management clinic in Woodbridge.

“Pole’s repeated and callous actions endangered the community,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Pole put highly addictive, dangerous drugs into the hands of scores of customers that had no actual need for them. It is exactly the type of irresponsible behavior that continues to fuel the opioid epidemic that is gripping our communities. The Eastern District will remain dogged in its pursuit of heroin traffickers, illicit fentanyl, and dirty practitioners like this as we continue to fight this three-front battle against opioids.”

According to court documents, Shriharsh Laxman Pole, 65, was a physician who voluntarily surrendered his medical license in 2009, and again in 2013. In both instances, Pole admitted to creating a substantial risk to public health by engaging in wrongful prescribing practices for opiates, including oxycodone, oxymorphone, hydrocodone, and hydromorphone.

Upon surrendering his license in 2013, Pole founded Excel Medical Clinic (EMC). EMC operated out of the same office, had the same employees, and the same patients, as Pole’s former practice. Most of EMC’s patients were treated for pain management issues. Pole enlisted the aid of nurse-practitioner and co-conspirator, Janelle Hibson, 63, of Fredericksburg, who pleaded guilty to the same charges on September 6. Hibson pre-signed prescriptions that Pole later filled out and distributed. Patients often received these drugs without undergoing any physical or diagnostic examination to determine whether the drugs were necessary for legitimate medical purposes. Pole admitted that between EMC’s founding and 2015, he caused the distribution of more than 600,000 pills containing oxycodone.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Matthew J. DeSarno, Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement after sentencing by Senior U.S. District Judge Claude M. Hilton. Assistant U.S. Attorneys Michael P. Ben’Ary and David Peters prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-303.

ALEXANDRIA, Va. – An Alexandria man was sentenced today to more than six years in prison for being a felon in possession of a firearm.

“A convicted felon in possession of a firearm poses a serious danger to the safety of our communities and the law enforcement officers who protect us,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Harris has an extensive criminal record and in this case he fired multiple rounds into an occupied apartment and engaged police officers in an armed standoff. Due to their bravery and skilled police work, the officers were able to diffuse the potentially deadly situation and bring Harris to justice. My sincere thanks and gratitude to our local law enforcement partners and their efforts to help us remove dangerous individuals like Harris from our community.”

According to court documents, in September 2018, Charles Lorenzo Harris, 54, unlawfully possessed and fired a Springfield Armory pistol in an occupied apartment in Alexandria. After firing multiple shots inside an apartment, Harris exited the apartment building holding the pistol in his hand and was confronted by officers of the Fairfax County Police Department. After an approximately 30 minute armed standoff, police were able to disarm and arrest Harris. Law enforcement later found bullet holes in the walls and ceiling of the apartment Harris was visiting, and recovered a bullet from the apartment above the apartment Harris was visiting.

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

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, made the announcement after sentencing by U.S. District Judge Leonie M. Brinkema. Special Assistant U.S. Attorney Jessica Kraft and Assistant U.S. Attorney Nicholas U. Murphy II prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-28.

NEWPORT NEWS, Va. – A Hayes woman was sentenced today to more than five years in prison for stealing approximately $100,000 from a disabled woman for whom she provided caregiving services.

“The financial and emotional harm these deceitful and illegal acts can cause victims and their family members cannot be overstated,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Denton is a serial fraudster who in this case defrauded and victimized a particularly vulnerable woman who had entrusted Denton with providing care to her and her son, who also suffers from certain disabilities. Denton abused and violated that position of trust and stole nearly $100,000 from the victim. We will continue to work with our federal, state and local law enforcement partners to make sure we are protecting those in our communities who are most vulnerable.”

According to court documents, Amy Denton, 43, worked as a caregiver for a Gloucester woman who suffered from various medical issues and limitations. In early 2015, her client’s mother passed away, leaving her a number of life insurance policies. In her role as caregiver, Denton obtained notices of the policies, but then forged her client’s signature on various forms to request the life insurance funds. Denton caused the victim to complete a Virginia Durable Power of Attorney Form (POA) that gave Denton access and control over her client’s finances. The woman signed this form without knowing the authority it provided Denton over her finances.

“Fraud and betrayal by a trusted caregiver is a shameful crime,” said Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office. “The price of this defendant’s greed is the financial security of the victim and her son. The FBI will continue to hold accountable anyone who preys on the vulnerabilities of others.”

Denton used the POA to open bank accounts and add herself to her client’s existing bank account. In May 2015, Denton fraudulently obtained five life insurance checks in the total amount of approximately $100,000, and then routed these funds through bank accounts she controlled. She used the funds to purchase a vehicle, pay off court costs related to a prior state fraud conviction, and for other travel and entertainment expenses. Once the life insurance proceeds were spent, in November 2015, Denton attempted to obtain an additional $40,000 in assets that were held by a law firm and would have accrued to her client. In May 2016, the victim learned that her bank account lacked sufficient funds to pay various bills, and had a seizure at the bank and additional seizures thereafter that required hospitalization.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, and Darrell W. Warren, Jr., Gloucester County Sheriff, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen. Assistant U.S. Attorney Brian J. Samuels prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:18-cr-70.

NORFOLK, Va. – A Tangier Island man pleaded guilty today to violating the Lacey Act by harvesting oysters from the Chesapeake Bay in excess of Virginia limits and transporting them to Maryland for sale.

“The protection of our environmental harvest is one of the responsibilities shared by the U.S. Attorney’s Office and our law enforcement partners,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “As stewards of the environment, we must endeavor to ensure that everyone adheres to the principle of fair and sustainable use of these natural resources, lest they be destroyed for future generations. Individuals who skirt this responsibility and harvest oysters beyond established limits deplete our resources, degrade our environment, and cheat those honest oystermen who uphold the law. As an avid fisherman myself, I have personally observed baymen and women to be some of the hardest working individuals I have ever met; braving the elements and engaging in dawn to dusk back breaking work to provide for their families. In order to protect their way of life and the resources we all depend on, we must enforce these harvest limits and regulations or we will lose the entire fishery.”

According to court documents, Gregory Wheatley Parks, Jr., 43, was a commercial oysterman operating the F/V Melissa Hope, a fishing vessel out of Tangier Island. Parks harvested oysters out of Virginia waters in the Chesapeake Bay. As a properly licensed oysterman, Parks was aware that Virginia sets strict limits on the number of oyster bushels that an oysterman can harvest per day. Nevertheless, on numerous dates in 2015, Parks collectively harvested at least 38 bushels above the Virginia limit and transported them to Maryland for sale.

“The native American wild oyster population is a keystone species responsible for maintaining the overall health of the Chesapeake Bay ecosystem,” said Jeff Odom, Assistant Special Agent in Charge for the U.S. Fish and Wildlife Service. “This investigation focused on the most egregious of those commercial harvesters attempting to circumvent the law and should serve as notice that the USFWS will be vigilant in protecting our natural resources.”

Court records further state that Parks was required to accurately report to the Virginia Marine Resources Commission (VMRC) the number of oyster bushels he landed. On several instances, Parks filed false reports to the VMRC, underreporting the number of oyster bushels he landed. Parks has a long history of wildlife violations related to oyster harvesting. Dating back to 2008, Parks has been cited on numerous occasions for possession of oysters over the legal limit, taking oysters from polluted grounds, taking oysters out of season, and larceny of oysters from bedded grounds.

Parks pleaded guilty to one violation of the Lacey Act and faces a maximum penalty of five years in prison when sentenced on August 22. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Edward Grace, Acting Assistant Director of Law Enforcement for the U.S. Fish and Wildlife Service, made the announcement after the plea was accepted by Senior U.S. District Judge Henry Coke Morgan, Jr. Assistant U.S. Attorney Joseph L. Kosky and Trial Attorney Laura Steele of the Justice Department’s Environmental Crimes Section prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-14.

RICHMOND, Va. – National Spine and Pain Centers (NSPC), and Physical Medicine Associates (PMA), with pain management clinics in northern Virginia, Glen Allen and Fredericksburg, have agreed to pay approximately $3.3 million to settle civil fraud allegations.

The settlement resolves civil fraud allegations that defendants billed Medicare and other federal healthcare providers for medical services performed by physician assistants and nurse practitioners as if physicians had provided the services, submitted claims for urine drug tests in violation of the Stark Law and/or the Anti-Kickback Statute, and ordered medically unnecessary urine drug tests.

The settlement resolves a lawsuit filed in the U.S. District Court for the Eastern District of Virginia by a former PMA physician assistant under the qui tam, or whistleblower, provisions of the False Claims Act. Under the False Claims Act, private citizens, also known as relators, can bring a suit on behalf of the United States and share in any recovery. Under the False Claims Act, relators are awarded 15 to 25 percent of the proceeds of the settlement amount depending on the extent to which the relator substantially contributed to the recovery.

The resolutions obtained in this matter were the result of a coordinated effort between the U.S. Attorney’s Office for the Eastern District of Virginia, the Department of Health and Human Services Office of Inspector General, the U.S. Office of Personnel Management Office of the Inspector General, and the Defense Criminal Investigative Service Office of Inspector General. 

The matter was investigated by Assistant U.S. Attorney Robert McIntosh. The civil claims settled by this False Claims Act agreement are allegations only; there has been no determination of civil liability.

A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.

ALEXANDRIA, Va. – A federal grand jury returned an indictment today charging a Springfield man with attempted coercion and enticement of a minor, and receipt, distribution, possession, and transportation of child pornography.

According to the indictment, between January and February 2019, Monis Irfan, 21, allegedly attempted to persuade and induce a minor under the age of 13 to engage in illegal sexual activity. At the time, he was an instructional assistant and substitute elementary school teacher for Fairfax County Public Schools. The indictment further alleges that in 2018 and 2019, Irfan traded, transported, and possessed child pornography using a cell phone and personal laptop computer.

If convicted of attempted coercion and enticement of a minor, Irfan faces a mandatory minimum of ten years in prison and a maximum of life. If convicted of receipt, distribution, and transportation of child pornography, Irfan faces a mandatory minimum of five years in prison and a maximum of 20 years on each count. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

This matter was investigated by the FBI Washington Field Office’s Child Exploitation and Human Trafficking Task Force, which is composed of FBI agents, along with detectives from the Fairfax County Police, Arlington County Police, Prince William County Police, Loudoun County Sheriff’s Office, Leesburg Police, Alexandria City Police, Washington Metropolitan Police, Fauquier County Sheriff’s Office, George Mason University Police, United States Marshal’s Service, and agents of various Office of Inspector Generals. This matter was brought to the task force by the Fairfax County Police Department.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Matthew J. DeSarno, Special Agent in Charge, Criminal Division, FBI Washington Field Office, and Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, made the announcement. Assistant U.S. Attorney Maya D. Song and Special Assistant U.S. Attorney William G. Clayman are prosecuting the case.

The charges in the indictment are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-120.

ALEXANDRIA, Va. – United States Attorney G. Zachary Terwilliger will be joined by DEA Chief of Diversion Control John Martin and Alexandria Sheriff Dana Lawhorne at The Neighborhood Pharmacy in Del Ray on Saturday at 11 a.m. for the DEA’s 17th National Prescription Drug Take Back Day.

“Safely disposing of prescription drugs keeps dangerous narcotics out of the wrong hands and out of our communities,” said Terwilliger. “One source of drug abusers’ narcotics are from friends and family, often from the home medicine cabinet. The good people of Alexandria can help us fight the opioid epidemic by ridding their homes of unwanted and unneeded prescription meds and bringing them to a local collection site like the one here in Del Ray.”

The semiannual event will be held at thousands of collection sites around the country, including here in the Alexandria community of Del Ray at The Neighborhood Pharmacy, 2204 Mount Vernon Avenue. The event is an effort to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs.

“Saturday’s event will see more law enforcement partners and registered take back sites than any previous DEA event,” said DEA Chief of Diversion Control John Martin. “Our partnerships with federal, state, local and tribal leaders are vital to the success of this important program and we remain committed to providing communities across the United States with safe and convenient drug disposal options.”

Last October, Americans turned in 457 tons (900,000 pounds) of prescription drugs at almost 6,000 sites operated by the DEA and more than 4,800 of its state and local law enforcement partners. Overall, in its 16 previous Take Back events, DEA and its partners have taken in over 11 million pounds—more than 5,400 tons—of pills. The disposal service is free and anonymous, no questions asked. (The DEA cannot accept liquids, needles, or sharps, only pills or patches.)

“We greatly appreciate our dedicated partners who join us in fighting the opioid problem with initiatives like Drug Take Back,” said Lawhorne. “Thanks to business partners like The Neighborhood Pharmacy, law enforcement leaders like U.S. Attorney Terwilliger, and our caring community, we can work together to make Alexandria safer.”

Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. According to the Centers for Disease Control and Prevention, 91 Americans die each day from an opioid overdose. Some painkiller abusers move on to heroin: Four out of five new heroin users started with painkillers.

Flushing medications down the toilet or throwing them in the trash pose potential safety and health hazards. This initiative addresses the public safety and public health issues that surround medications languishing in home cabinets, becoming highly susceptible to diversion, misuse, and abuse.

For more information or to locate a collection site near you, go the DEA Prescription Drug Take Back Day web site at www.deatakeback.com where you can search by zip code, city, or state.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.

NORFOLK, Va. – A Portsmouth man was sentenced today to 35 years in prison for RICO conspiracy and multiple attempted murders on behalf of the Nine Trey Gangsters, a violent Bloods street gang. 

According to court documents, Malek Lassiter, aka Leeko, 23, joined other gang members on a mission, ordered by co-defendant Antonio Simmons, to kill high-ranking members of a rival “line” of the Nine Trey Gangsters. When Lassiter and the other men were unable to locate the first two individuals they intended to kill, they went to a house in Portsmouth looking for another gang member they planned to shoot. After being told the man they sought was not at home by the woman who opened the door, one of Lassiter’s co-conspirators shot her six times. The woman’s life was saved by the quick response of local EMTs and officers of the Portsmouth Police Department.  Meanwhile, Lassiter and the other gang members who fled the shooting fired their guns again when they saw witnesses in the neighborhood looking out of their windows and doors to see what was happening. 

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

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, Angela Greene, Interim Chief of Portsmouth Police, Larry D. Boone, Chief of Norfolk Police, James A. Cervera, Chief of Virginia Beach Police, Col. K.L. Wright, Chief of Chesapeake Police, and Thomas E. Bennett, Chief of Suffolk Police, made the announcement after sentencing by Chief U.S. District Judge Mark S. Davis. Assistant U.S. Attorneys Joseph E. DePadilla, Andrew Bosse, and John F. Butler, and Trial Attorney Teresa A. Wallbaum of the Justice Department’s Organized Crime and Gang Section, prosecuted the case.

The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Billy Club. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:16-cr-130-5.

ALEXANDRIA, Va. – GPM Investments, LLC, which is headquartered in Richmond and operates over 1,400 convenience stores in 22 states, including approximately 200 stores in Virginia, has agreed to settle a dispute under the Americans with Disabilities Act (ADA) regarding an allegation of refusal of service to an individual with disabilities accompanied by a service animal.

“People with disabilities who are accompanied by a service animal are entitled to participate in their communities on an equal basis to others, including visiting retail establishments,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “We are pleased that GPM has agreed to take steps to ensure that these individuals are welcome in all of its stores.”

The investigation began with a complaint from the public alleging that a fas mart ® branded convenience store refused service to an individual with disabilities accompanied by a service animal.

Under the settlement agreement, GPM will adopt a service animal non-discrimination policy applicable to all stores that it operates, including fas mart branded stores, train all its employees, display signs in  its stores indicating that service animals are welcome, and pay $1,000 in damages to the complainant.

This matter was handled by Assistant U.S. Attorney Steven Gordon, the Civil Rights Enforcement Coordinator for the Eastern District of Virginia.

The ADA prohibits discrimination against people with disabilities by public accommodations, such as convenience stores. Among other things, public accommodations must allow people with disabilities the full and equal enjoyment of their goods, services and facilities.  They must make reasonable modifications of their policies, practices and procedures to permit people with disabilities to be accompanied by service animals. 

The Department of Justice has a number of publications available to assist entities in complying with the ADA, including Frequently Asked Questions about Service Animals and the ADA. For more information on the ADA and to access these publications, visit http://www.ada.gov or call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD). ADA complaints may be filed by email to ada.complaint@usdoj.gov.

A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.

ALEXANDRIA, Va. – An Oregon aluminum extrusion manufacturer has agreed to pay $46 million to NASA, the Department of Defense, and others to resolve criminal charges and civil claims relating to a 19-year fraud scheme that included falsifying thousands of certifications for aluminum extrusions provided to hundreds of customers.

“For nearly two decades, SPI and its employees covered up substandard manufacturing processes by brazenly falsifying test results,” said G. Zachary Terwilliger, U.S Attorney for the Eastern District of Virginia. “They then provided the false test results to hundreds of customers across the country, all to increase corporate profits and obtain production-based bonuses. This proposed resolution ensures that the victims of this conduct, including the U.S. military, can replace faulty product put into the supply chain and help recover the costs foisted on taxpayers to investigate this scheme. I want to thank our partners at NASA-OIG, DCIS, and the FBI for their efforts in helping bring much-needed oversight and reform to these companies.”

According to court documents, Hydro Extrusion Portland, Inc., formerly known as Sapa Profiles Inc. (SPI), and its corporate parent, Hydro Extrusion USA, LLC, formerly known as Sapa Extrusions, Inc. (SEI), admitted to providing customers, including U.S. government contractors, with falsified certifications after altering the results of tensile tests designed to ensure the consistency and reliability of aluminum extruded at the companies’ Oregon-based facilities. Tensile testing involves slowly stretching and then ripping apart a sample of the metal using a machine, which then measures the force applied to the sample at each stage of the test. 

“For nearly 20 years, Sapa Profiles and Sapa Extrusions falsified critical tests on the aluminum they sold—tests that their customers, including the U.S. government, depended on to ensure the reliability of the aluminum they purchased,” said Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division. “Corporate and personal greed perpetuated this fraud against the government and other private customers, and this resolution holds these companies to account for the harm caused by their scheme.”

According to court documents, SPI has agreed to plead guilty to one count of mail fraud, and SEI has entered into a deferred prosecution agreement (DPA) in connection with a criminal information filed here today charging the company with mail fraud. As part of the plea agreement, SPI has agreed to pay $34.1 million in combined restitution to NASA, the Department of Defense’s Missile Defense Agency (MDA), and commercial customers. SPI has also agreed to forfeit $1.8 million in ill-gotten gains. The plea agreement remains subject to acceptance by the court at a plea hearing currently scheduled for May 13 before U.S. District Judge Liam O’Grady. The DPA with SEI is conditioned on the court’s acceptance and SPI’s satisfaction of the plea agreement’s terms.

“Today’s settlement reflects the Civil Division’s commitment to pursue fraudulent conduct,” said Jody Hunt, Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department will vigorously pursue those who seek to take advantage of American taxpayers and undermine the safety and integrity of critical government programs.” 

SPI also agreed to pay $34.6 million as part of a related civil settlement to resolve its liability under the False Claims Act for causing a government contractor to invoice MDA and NASA for aluminum extrusions that did not comply with contract specifications. Government contractors purchased aluminum extrusions for use on rockets for NASA and missiles provided to the MDA. Under the terms of the civil settlement agreement, SPI will satisfy the $34.6 million settlement through credits totaling $23.6 million for its restitution payments as part of the criminal plea agreement, plus additional payments of $6 million to NASA and $5 million to the MDA.

“The results of this investigation are indicative of the law enforcement community’s unwavering commitment to protecting the aerospace supply chain,” said Paul K. Martin, Inspector General of the National Aeronautics and Space Administration (NASA). “I am very proud of the central role the NASA OIG played in unraveling the test falsification scheme.”

According to the companies’ admissions, employees at SPI facilities in the Portland area generally altered the tests in one of two ways. First, from in or about 1996 through in or about 2006, an SPI plant manager led a scheme to make thousands of handwritten alterations to failing test results by changing failing numbers that fell below the minimum required test results to appear to be passing.  Those numbers were then typed onto a certification and provided to customers. Second, from in or about 2002 through September 2015, Dennis Balius, the SPI testing lab supervisor, led a scheme to alter tests within SPI’s computerized systems and provide false certifications with the altered results to customers. Balius also instructed employees to violate other testing standards, such as increasing the speed of the testing machines or cutting samples in a manner that did not meet the required specifications. Balius pleaded guilty in July 2017 and was sentenced to three years in prison and ordered to pay over $170,000 in restitution.

“Our partners at NASA and in the military – as well as hundreds of private businesses – put their faith in the integrity of this supplier and the structural integrity of its products,” said Loren ‘Renn’ Cannon, Special Agent in Charge of the FBI’s Portland Field Office. “For almost two decades, this company’s greed violated that trust and put lives at risk. Today’s settlement is an important step to repairing the harm done.”

According to court documents, the SPI employees generally engaged in these practices to conceal the inconsistent quality of aluminum extrusions produced by SPI, avoid the costly scrapping of metal and accompanying production delays, improve SPI’s and SEI’s profits, and receive bonuses that were calculated in part based on a production metric. 

“Today’s proposed resolution with SPI exhibits the unending commitment of DCIS and its investigative partners to bring to justice those who seek to defraud the Department of Defense,” said Bryan Denny, Special Agent in Charge for Defense Criminal Investigative Service’s (DCIS) Western Field Office. “Those who purposely disregard requirements imposed to assure the quality of materials provided to our military will be investigated and prosecuted to the fullest extent of the law.”

In addition, the companies admitted that SPI’s customers included U.S. government contractors who in turn provided aluminum extrusions produced by SPI to NASA and the MDA for use in “frangible joints” in rockets provided to NASA and missiles provided to the MDA, respectively. According to court documents, the replacement cost of frangible joints provided to the MDA that included SPI extrusions is approximately $15.3 million, and NASA incurred approximately $9 million in investigative and other costs to determine the impact of SPI extrusions on NASA operations.

As described in the civil settlement agreement, NASA maintains that SPI’s manufacturing processes lacked sufficient controls and produced extrusions unable to pass mechanical properties testing.  NASA further maintains that it identified SPI’s out-of-specification extrusions as the cause of two failed rocket launches, which resulted in the loss of important scientific missions. SPI disputes NASA’s positions, and except for those facts admitted to in the DPA and the plea agreement, the claims resolved by the civil settlement are allegations only. There has been no determination of liability. To protect the government supply chain, NASA both suspended SPI from government contracting and proposed SPI for debarment government-wide. The exclusion from government contracting has been effective since September 30, 2015. 

A number of significant factors contributed to the Department’s criminal resolution with the companies.  Among these, the companies received significant credit for their cooperation with the Department’s investigation and their engagement in extensive remedial measures to address the misconduct, including the termination and severance of employees who were involved, the implementation of state-of-the-art equipment to automate the tensile testing process, company-wide audits at all U.S. tensile labs, increased resources devoted to compliance and revamping internal quality controls and quality audit processes. However, the companies did not receive more significant mitigation credit, either in the penalty or the form of resolution, because the companies did not voluntarily self-disclose the full extent of their misconduct to the Department.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division; Joseph H. Hunt, Assistant Attorney General of the Justice Department’s Civil Division; Paul K. Martin, Inspector General of the National Aeronautics and Space Administration (NASA); Loren ‘Renn’ Cannon, Special Agent in Charge of the FBI’s Portland Field Office, and Bryan Denny, Special Agent in Charge for Defense Criminal Investigative Service’s (DCIS) Western Field Office, made the announcement. Assistant U.S. Attorney Ryan S. Faulconer and Trial Attorneys Emily Scruggs and Laura Connelly of the Criminal Division’s Fraud Section are prosecuting the criminal case. Trial Attorneys Allison Cendali and Greg Pearson of the Civil Division’s Fraud Section handled the civil case.

NASA Launch Services Program provided extensive cooperation and assistance throughout the investigation.

Except for those facts admitted to in the DPA and the plea agreement, the claims resolved by the civil settlement are allegations only, and there has been no determination of liability.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-123 and 124.

An Oregon aluminum extrusion manufacturer has agreed to pay $46 million to NASA, the Department of Defense, and others to resolve criminal charges and civil claims relating to a 19-year fraud scheme that included falsifying thousands of certifications for aluminum extrusions provided to hundreds of customers.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Assistant Attorney General Jody Hunt of the Justice Department’s Civil Division, U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia, Inspector General Paul K. Martin of the NASA Office of Inspector General, Special Agent in Charge Loren ‘Renn’ Cannon of the FBI’s Portland Field Office and Special Agent in Charge Bryan Denny of the Defense Criminal Investigative Service’s (DCIS) Western Field Office made the announcement.

According to court documents, Hydro Extrusion Portland, Inc., formerly known as Sapa Profiles Inc. (SPI), and its corporate parent, Hydro Extrusion USA, LLC, formerly known as Sapa Extrusions Inc. (SEI), admitted to providing customers, including U.S. government contractors, with falsified certifications after altering the results of tensile tests designed to ensure the consistency and reliability of aluminum extruded at the companies’ Oregon-based facilities. Tensile testing involves slowly stretching and then ripping apart a sample of the metal using a machine, which then measures the force applied to the sample at each stage of the test.

“For nearly 20 years, Sapa Profiles and Sapa Extrusions falsified critical tests on the aluminum they sold — tests that their customers, including the U.S. government, depended on to ensure the reliability of the aluminum they purchased,” said Assistant Attorney General Benczkowski of the Department of Justice’s Criminal Division.  “Corporate and personal greed perpetuated this fraud against the government and other private customers, and this resolution holds these companies accountable for the harm caused by their scheme.”

“Today’s settlement reflects the Civil Division’s commitment to pursue fraudulent conduct,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “The Department will vigorously pursue those who seek to take advantage of American taxpayers and undermine the safety and integrity of critical government programs.” 

“For nearly two decades, SPI and its employees covered up substandard manufacturing processes by brazenly falsifying test results,” said U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia.  “They then provided the false test results to hundreds of customers across the country, all to increase corporate profits and obtain production-based bonuses.  This proposed resolution ensures that the victims of this conduct, including the U.S. military, can replace faulty product put into the supply chain and help recover the costs foisted on taxpayers to investigate this scheme.  I want to thank our partners at NASA-OIG, DCIS, and the FBI for their efforts in helping bring much-needed oversight and reform to these companies.”

“The results of this investigation are indicative of the law enforcement community’s unwavering commitment to protecting the aerospace supply chain,” said NASA Inspector General Paul K. Martin.  “I am very proud of the central role the NASA OIG played in unraveling the test falsification scheme.”

“Our partners at NASA and in the military – as well as hundreds of private businesses – put their faith in the integrity of this supplier and the structural integrity of its products,” said Special Agent in Charge Loren ‘Renn’ Cannon of the FBI’s Portland Field Office.  “For almost two decades, this company’s greed violated that trust.  Today’s proposed resolution is an important step to repairing the harm done.”

“Today’s proposed resolution with SPI exhibits the unending commitment of DCIS and its investigative partners to bring to justice those who seek to defraud the Department of Defense,” said Special Agent in Charge Bryan Denny of the DCIS Western Field Office.  “Those who purposely disregard requirements imposed to assure the quality of materials provided to our military will be investigated and prosecuted to the fullest extent of the law.”

According to court documents, SPI has agreed to plead guilty to one count of mail fraud, and SEI has entered into a deferred prosecution agreement (DPA) in connection with a criminal information filed today charging the company with mail fraud.  As part of the plea agreement, SPI has agreed to pay $34.1 million in combined restitution to NASA, the Department of Defense’s Missile Defense Agency (MDA), and commercial customers.  SPI has also agreed to forfeit $1.8 million in ill-gotten gains.  The plea agreement remains subject to acceptance by the court at a plea hearing currently scheduled for May 13, 2019, before U.S. District Judge Liam O’Grady.  The DPA with SEI is conditioned on the court’s acceptance and SPI’s satisfaction of the plea agreement’s terms.

SPI also agreed to pay $34.6 million as part of a related civil settlement to resolve its liability under the False Claims Act for causing a government contractor to invoice MDA and NASA for aluminum extrusions that did not comply with contract specifications.  Government contractors purchased aluminum extrusions for use on rockets for NASA and missiles provided to the MDA.  Under the terms of the civil settlement agreement, SPI will satisfy the $34.6 million settlement through credits totaling $23.6 million for its restitution payments as part of the criminal plea agreement, plus additional payments of $6 million to NASA and $5 million to the MDA.

According to the companies’ admissions, employees at SPI facilities in the Portland area generally altered the tests in one of two ways.  First, from in or about 1996 through in or about 2006, an SPI plant manager led a scheme to make thousands of handwritten alterations to failing test results by changing failing numbers that fell below the minimum required test results to appear to be passing.  Those numbers were then typed onto a certification and provided to customers.  Second, from in or about 2002 through September 2015, Dennis Balius, the SPI testing lab supervisor, led a scheme to alter tests within SPI’s computerized systems and provide false certifications with the altered results to customers. Balius also instructed employees to violate other testing standards, such as increasing the speed of the testing machines or cutting samples in a manner that did not meet the required specifications.  Balius pleaded guilty in July 2017 and was sentenced to three years in prison and ordered to pay over $170,000 in restitution.

According to court documents, the SPI employees generally engaged in these practices to conceal the inconsistent quality of aluminum extrusions produced by SPI, avoid the costly scrapping of metal and accompanying production delays, improve SPI’s and SEI’s profits, and receive bonuses that were calculated in part based on a production metric. 

In addition, the companies admitted that SPI’s customers included U.S. government contractors who in turn provided aluminum extrusions produced by SPI to NASA and the MDA for use in “frangible joints” in rockets provided to NASA and missiles provided to the MDA, respectively.  According to court documents, the replacement cost of frangible joints provided to the MDA that included SPI extrusions is approximately $15.3 million, and NASA incurred approximately $9 million in investigative and other costs to determine the impact of SPI extrusions on NASA operations.

As described in the civil settlement agreement, NASA maintains that SPI’s manufacturing processes lacked sufficient controls and produced extrusions unable to pass mechanical properties testing.  NASA further maintains that it identified SPI’s out-of-specification extrusions as the cause of two failed rocket launches, which resulted in the loss of important scientific missions.  SPI disputes NASA’s positions, and except for those facts admitted to in the DPA and the plea agreement, the claims resolved by the civil settlement are allegations only. There has been no determination of liability.  To protect the government supply chain, NASA both suspended SPI from government contracting and proposed SPI for debarment government-wide.  The exclusion from government contracting has been effective since Sept. 30, 2015. 

A number of significant factors contributed to the Department’s criminal resolution with the companies.  Among these, the companies received significant credit for their cooperation with the Department’s investigation and their engagement in extensive remedial measures to address the misconduct, including the termination and severance of employees who were involved, the implementation of state-of-the-art equipment to automate the tensile testing process, company-wide audits at all U.S. tensile labs, increased resources devoted to compliance and revamping internal quality controls and quality audit processes.  However, the companies did not receive more significant mitigation credit, either in the penalty or the form of resolution, because the companies did not voluntarily self-disclose the full extent of their misconduct to the Department.

This case was investigated by NASA Office of Inspector General, FBI’s Portland Field Office, and DCIS.  The NASA Launch Services Program and Office of the General Counsel Acquisition Integrity Program provided extensive cooperation and assistance throughout the investigation.

Trial Attorneys Emily Scruggs and Laura Connelly of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Ryan S. Faulconer are prosecuting the criminal case, with previous assistance from former Trial Attorneys Thomas Hall and Jennifer Ballantyne. Trial Attorneys Allison Cendali and Greg Pearson of the Civil Division’s Fraud Section handled the civil case.

If you believe you are a victim of this offense, please visit https://www.justice.gov/criminal-vns/case/SAPA or call (888) 549-3945.

ALEXANDRIA, Va. – An illegal alien with a prior felony drug trafficking conviction was sentenced today to more than 12 years in prison for cocaine distribution and firearms charges related to his involvement in a prolific cocaine trafficking network in the mid-Atlantic region of the United States.

“Alvarez is a recidivist armed drug dealer who has illegally entered the United States on multiple occasions,” said U.S. Attorney G. Zachary Terwilliger. “After a conviction for drug trafficking in 2007, in which he was discovered in a hotel room with methamphetamine and a loaded handgun, he was deported back to Mexico. Alvarez illegally returned to the United States sometime later and eventually resumed trafficking controlled substances while armed with a firearm. He clearly has no regard for our nation’s laws and borders and he poses a threat to our public safety.”

According to court documents, Homero Salgado Alvarez, 46, a citizen of Mexico, was previously convicted of drug distribution in 2007, and was subsequently deported to Mexico. He later returned to the United States, where he eventually resumed trafficking in controlled substances. When he came to the attention of law enforcement in late 2017, he was a wholesale cocaine distributor operating in southeastern North Carolina who was regularly trafficking in kilogram quantities of cocaine. The cocaine that Alvarez distributed made its way up from North Carolina to the greater Washington, DC area, including the Eastern District of Virginia.

“Today’s sentencing sends a clear message that criminal enterprises engaged in the illegal acquisition and distribution of narcotics in our communities cannot evade the law,” said Matthew J. DeSarno, Special Agent in Charge, Criminal Division, FBI Washington Field Office. “The FBI will work closely with our partners to continue to aggressively investigate and disrupt significant criminal enterprises.”

Alvarez, who also possessed a firearm for protection while carrying out his drug dealing, used coded language to refer to drugs, including “tires” to refer to quantities of cocaine. This was done to conceal his illegal activities from detection, as Alvarez did, in fact, work at a legitimate business selling used tires. When Alvarez was arrested, law enforcement found a total of 3 kilograms of cocaine hidden in his washing machine and bathroom, along with a .40-caliber Smith & Wesson handgun.

This case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) Operation Tomb Stone. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.

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

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Matthew J. DeSarno, Special Agent in Charge, Criminal Division, FBI Washington Field Office, Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, and Barry M. Barnard, Chief of Prince William County Police, made the announcement after sentencing by Senior U.S. District Judge Claude M. Hilton. Assistant U.S. Attorney Katherine E. Rumbaugh prosecuted the case, with significant assistance from Special Assistant U.S. Attorney Gwendelynn Bills.

This investigation was led by FBI Washington Field Office’s Safe Streets/HIDTA Task Force. The Task Force is composed of FBI Agents along with investigators from local police and sheriff’s offices in northern Virginia as well as Immigration and Customs Enforcement (ICE). Significant assistance was provided by the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) Washington Field Division, FBI’s Charlotte Field Office, DEA’s Greensboro Resident Agency, and the Police Departments of Sanford, North Carolina and Fayetteville, North Carolina.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case Nos. 1:18-cr-380; 1:18-cr-470.

NORFOLK, Va. – A Virginia Beach man pleaded guilty today to exploiting an elderly man’s diminished mental capacity to defraud him of nearly $157,000.

“The financial and emotional harm these scams cause elderly victims and their family members can be devastating,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “This office will continue to aggressively prosecute crimes involving elder fraud, and we remain committed to working closely with our local and state partners to ensure that those who choose to engage in fraud activity are held accountable and brought to justice.”

According to court documents, John Michael Gatchell, 55, facilitated a marriage between the elderly man and a woman with whom Gatchell had a long-term relationship in order to gain access to the elderly man’s money and property. Gatchell induced the elderly man to make a down payment on a Jaguar that Gatchell and a family member drove for about 10 months before it was repossessed by the lender when the loan went into default.

Gatchell also induced the elderly man to obtain two mortgage loans and then diverted most of the proceeds to the benefit of himself and others. He subsequently induced the elderly man to sell the property that secured the loans and again diverted most of the proceeds to himself and others. Gatchell used these monies that he fraudulently diverted to himself to purchase concert series tickets, pay delinquent bills, and make a security deposit and advance rent payments for a house he leased, among other things.

Gatchell pleaded guilty to mail fraud and faces a maximum penalty of 20 years in prison when sentenced on September 6. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, and Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, made the announcement after U.S. Magistrate Judge Lawrence R. Leonard accepted the plea. Assistant U.S. Attorney Alan M. Salsbury is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-49.

RICHMOND, Va. – A Richmond woman and Chesterfield man were sentenced to one year and four months in prison, respectively, for crimes involving obstruction of justice and drug trafficking.

According to court documents, Regina Gasque, 49, and Trammel Lewis, Jr., 23 were involved in a conspiracy to obstruct justice after they crafted a scheme to deceive law enforcement. In April 2018, Richmond Police Officers performed a traffic stop on a vehicle driven by Keith Gasque, Regina Gasque’s son. Officers discovered two firearms in the vehicle, one of which law enforcement later learned had been illegally purchased for Keith Gasque by Lewis.

While incarcerated, Keith Gasque solicited the help of his mother and Lewis to craft a false story to tell police about Keith Gasque possessing the firearms. Keith Gasque convinced Lewis to tell law enforcement that Lewis had left the firearms in Keith Gasque’s vehicle, and Keith Gasque had no knowledge of the firearms. Law enforcement reviewed recordings of phone calls that Keith Gasque made while in jail, and heard conversations where Keith Gasque told Regina Gasque and Lewis what Lewis should tell law enforcement to support the false story. Gasque agreed to craft and relay similar messages from Keith Gasque to Lewis.

Keith Gasque was previously sentenced to serve more than four and a half years in prison for masterminding the conspiracy.

Regina Gasque also pleaded guilty to, and was sentenced for, aiding and abetting the possession of cocaine with the intent to distribute. In May 2018, the Richmond Police Department executed a search warrant at Keith Gasque’s home in search of additional firearms. Keith Gasque shared that home with Regina Gasque and Christopher Wills, a person Regina Gasque had been in a romantic relationship with for approximately 17 years. The officers discovered in a locked bedroom over 250 grams of cocaine, five firearms, ammunition, and other drug paraphernalia. Regina Gasque admitted that only she and Wills had a key to that bedroom. She ultimately admitted that the drugs and firearms belonged to Wills, and also admitted her intimate knowledge of Wills’s drug trafficking over the past several years and that she had handled the firearms and drugs.

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

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by U.S. District Judge John A. Gibney, Jr. Assistant U.S. Attorney Stephen E. Anthony prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:18-cr-135.

RICHMOND, Va. – Two cousins were sentenced today to a combined 24 years in prison for their roles in an armed bank robbery and brandishing a firearm in furtherance of a crime of violence.

According to court records and evidence presented at trial, John Campbell, 45, of Richmond, and Alhakka Campbell, 45 of Knightdale, North Carolina, stormed into a Wells Fargo Bank in Henrico shortly after the bank opened in November 2017. While John Campbell threatened employees with a firearm, Alhakka Campbell vaulted the teller counter, removing approximately $5,197 in cash from teller drawers and stuffing it into a black bag. The cousins then fled the bank in a stolen pickup truck that they later abandoned. When Alhakka Campbell removed the cash, he unknowingly grabbed two GPS tracking devices, which broadcast the location of the stolen currency to law enforcement. Law enforcement immediately responded to the location of the GPS trackers, leading to the arrest of both men, and the recovery of the firearm used by John Campbell during the robbery.

John Campbell was sentenced to 13 years in prison for armed robbery and being a felon in possession of a firearm. Alhakka Campbell was sentenced to more than 11 years in prison for armed robbery.

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

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, David W. Archey, Special Agent in Charge of the FBI’s Richmond Field Office, and Humberto I. Cardounel, Jr., Chief of Henrico County Police Division, made the announcement after sentencing by Senior U.S. District Judge Henry E. Hudson. Assistant U.S. Attorney Michael Gill prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:18-cr-124.