District of Vermont

Burlington, Vermont — The United States Attorney’s Office stated that Barry Perez, 37, of Hartford, Connecticut, was arraigned in federal court this morning on charges of kidnapping and interstate transport of a stolen motor vehicle. Perez had been indicted by a federal grand jury in Burlington on May 11, 2023. United States Magistrate Judge Kevin Doyle ordered Perez detained in federal custody pending further proceedings.

According to court records, Perez stole a box truck in Lebanon, New Hampshire in the early hours of the morning of January 13, 2023, and drove it into Vermont before crashing it into a rock outcropping in the median of Interstate 89. When a good Samaritan truck driver pulled over to render aid, Perez pointed a realistic-looking faux firearm at the truck driver and compelled the truck driver to drive him northbound on Interstate 89. The truck driver was eventually able to flee from the truck in a parking lot in Berlin. Responding officers found Perez in the cab of the truck and arrested him. 

The indictment is an accusation only, and Perez is presumed innocent until and unless proven guilty. If convicted, Perez faces a maximum possible penalty of life imprisonment. The actual sentence in the case will be determined by the court with reference to the advisory United States Sentencing Guidelines.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Berlin Police Department, the Lebanon, New Hampshire Police Department, and the Vermont State Police.  He also thanked the Washington County Sheriff’s Office, the Barre City Police Department, and the Montpelier Police Department for their assistance safely taking Perez into custody.

Assistant United States Attorneys Paul van de Graaf and Ray Sun represent the government. Perez is represented by Federal Defender Michael L. Desautels, Esq. and Michael J. Leddy, Esq.

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that Terry Catchings, Jr., aka “Biggs,” 28, of Detroit, Michigan, appeared today before United States Magistrate Judge Kevin J. Doyle for arraignment on a federal drug charge. In March 2023, a federal grand jury returned a third superseding indictment charging Catchings, Jr.; Fredrick Campbell II, aka “Momo,” 19, of Detroit, Michigan; and Jason Sicely, aka “Jay,” 35, of Barre, Vermont, with conspiring to distribute heroin and methamphetamine between July 2022 and August 4, 2022.  

As for Catchings’ co-defendants, Campbell was arrested on August 4, 2022, Sicely was arrested on January 19, 2023, and both have previously appeared in United States District Court on this matter.

The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Catchings, Campbell, and Sicely are presumed innocent until and unless convicted of a crime. The drug conspiracy charge is punishable by up to 20 years in prison. Any sentence in the case would be determined with reference to the Federal Sentencing Guidelines.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Vermont Drug Task Force, the Montpelier Police Department, and the Federal Bureau of Investigation.  

The prosecutor is Assistant United States Attorney Jonathan Ophardt. Catchings is represented by Kevin Henry, Esq. Campbell is represented by Gregory Mertz, Esq. Sicely is represented by Mark Oettinger, Esq.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn

Burlington, Vermont – The United States Attorney’s Office stated that Stephen Boles, 30, of Milton Vermont, was sentenced today by the Hon. William K. Sessions III, United States District Judge, to 5-years of incarceration to be followed by 3 years of supervised release for possessing fentanyl with the intent to distribute the drug. According to the facts agreed to by the parties, on or about May 18, 2022, Stephen Boles was found in possession of over 10,000 glassine baggies of fentanyl, a CZ 9-mm pistol, and  ammunition at his home in Milton. Officers also found over $190,000.00 and drug packaging materials at the residence. 

This was Boles’s second federal drug conviction. In imposing the 5 year sentence, Judge Sessions varied downward from the otherwise applicable Advisory Sentencing Guidelines in part to recognize Boles’s struggles with addiction.
 
The U.S. Attorney’s Office thanked the DEA and the Milton Police Department for their work on the investigation. Assistant U.S. Attorney Eugenia Cowles represented the United States. Mark Kaplan, Esq. represented Mr. Boles.

Burlington, Vermont – The United States Attorney’s Office stated that John Gentile, 59, of Arvada, Colorado, was sentenced by United States District Court Judge William K. Sessions III to two years of probation for conspiring to distribute Tramadol. Tramadol is an opioid used for pain relief and is classified as a Schedule IV controlled substance under federal law.

According to court records, beginning in or about January 2020 and continuing through 2021, Gentile became involved in receiving and redistributing controlled substances and misbranded pharmaceutical drugs shipped to him by a drug supplier in India. Typically, large quantities of the substances, including Tramadol and others, were shipped from outside the United States and received by Gentile in Colorado. Gentile then redistributed smaller quantities of the substances, including Tramadol, to customers via mail. Gentile also shipped a package to a Vermont coconspirator and received electronic payments from the Vermont coconspirator as reimbursement for shipping and packaging drugs. Gentile was arrested in March 2022. At the time of his arrest, investigators seized approximately 17,500 pills from his vehicle. The pills included Tramadol and other Schedule IV controlled substances like Alprazolam (Xanax) and Zolpidem (Ambien), among others.  

U.S. Attorney Nikolas P. Kerest commented, “At a time when counterfeit prescription drugs are being used to hide fentanyl from unsuspecting users, it is especially important for law enforcement to be on the look out for prescription drugs being distributed without signoff from a medical professional. The FDA’s Office of Criminal Investigations did excellent work to identify Gentile’s illegal receipt and redistribution of Tramadol and other controlled substances. This office looks forward to continued partnership with FDA to ensure that illegal distributors like Gentile are brought to justice.”

“Prescription drugs that are smuggled from overseas and are outside the secure supply chain can present a serious health risk to those who use them. The drugs may contain dangerous ingredients and are manufactured under unknown conditions,” said Special Agent in Charge Fernando P. McMillan, FDA Office of Criminal Investigations, New York Field Office. “We will continue to investigate and bring to justice those who traffic in illegal prescription drugs.”

This case was investigated by the Food and Drug Administration, Office of Criminal Investigations.

Assistant United States Attorney John J. Boscia represented the government. William E. Kraham, Esq. represented Gentile.

Burlington, Vermont – United States Attorney Nikolas P. Kerest announced that effective today Anthony Facos has joined the U.S. Attorney’s Office as the new Law Enforcement Coordinator for the District of Vermont. 

“Tony brings extensive law enforcement knowledge and experience to this critical position,” said U.S. Attorney Kerest. “He has deep roots in the Vermont law enforcement community and is an incredibly well-respected law enforcement officer in the state. I look forward to working with Tony to continue to maintain and enhance our Office’s relationships with our law enforcement partners and community stakeholders throughout Vermont.”

Facos joins the Office with more than 35 years of state and local law enforcement experience. He spent 33 years with the Montpelier Police Department, including 13 years as Chief of Police. Most recently, Facos served as the Executive Director of the Division of Enforcement and Safety for Vermont’s Department of Motor Vehicles. Facos began his law enforcement career with the Vermont State Police’s Marine Patrol.

Facos has a bachelor’s degree and a master’s degree from Norwich University, in addition to training he received at the Vermont Police Academy and FBI National Academy. He has been an Executive Board Member of the FBI Albany Division’s Joint Terrorism Task Force as well as co-chair of Vermont’s Law Enforcement Advisory Board.

As Law Enforcement Coordinator, Facos’s duties will involve advising the U.S. Attorney on law enforcement issues throughout Vermont. Facos will facilitate communication among federal, state and local law enforcement within the District of Vermont. Facos will serve as liaison and conduit for state and local law enforcement agencies to bring cases for possible federal prosecution with an emphasis on reduction of violent crime. He will also promote community engagement regarding Department of Justice initiatives, law enforcement priorities, and crime prevention activities. 

Burlington, Vermont – The United States Attorney’s Office stated that Tyler Pollender-Savery, 28, of Ludlow, Vermont, was sentenced yesterday in the United States District Court in Rutland to a time-served sentence following his guilty plea to possessing firearms while being an unlawful user of controlled substances. Chief United States District Judge Geoffrey W. Crawford also ordered that Pollender-Savery serve two years of supervised release.

According to court documents, on December 10, 2018, Pollender-Savery was arrested and charged in state court in Windsor County, Vermont with second-degree murder in connection with the homicide of an infant.  Following a jury trial in October 2022, the defendant was acquitted of those charges. As part of the investigation into the homicide, law enforcement searched Pollender-Savery’s residence and recovered nine firearms belonging to Pollender-Savery. Investigation further established that Pollender-Savery used both cocaine and marijuana in and around the time he possessed these firearms, and that he had assaulted someone with a firearm while using controlled substances.  

This case was investigated by the Vermont State Police.

Assistant United States Attorney Wendy L. Fuller represented the government. David Sleigh, Esq. represented Pollender-Savery.  
 
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn .

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that on May 31, 2023, a federal grand jury returned a four-count indictment against John Muzzy, 32, of Fair Haven, Vermont, and Rebecca Ross, 39, also of Fair Haven, Vermont. The indictment charges Muzzy with three counts of distribution, and aiding and abetting the distribution of cocaine base, and one count of being a user of unlawful controlled substances in possession of a firearm. Ross is charged in one count of distribution of cocaine base. Muzzy will be arraigned on the indictment on June 2, 2023, and Ross will be arraigned on June 5, 2023. Both hearings will be before Magistrate Judge Kevin J. Doyle.

According to court records and proceedings, in September 2022, a confidential source (CS) told the Vermont Drug Task Force (VDTF) that they could buy cocaine base from Muzzy. Thereafter, on September 23, 2022 and October 27, 2022, the CS purchased cocaine base from Muzzy. The CS negotiated with Muzzy a third time to buy cocaine base, on May 3, 2023. When the CS went to Muzzy’s residence to make the purchase, the CS purchased the drugs from Ross instead of Muzzy, who told the CS that “I’m the businesswoman” when the CS said that they wanted to deal with Muzzy. 
 
On May 19, 2023, VDTF executed a search warrant at the residence where Muzzy and Ross lived in Fair Haven. During the search, approximately 20 firearms and a quantity of cocaine base was seized. Muzzy was located at the property in a vehicle in which cocaine base and two firearms were found. Muzzy admitted to being a drug user and said that the cocaine base and firearms found in the vehicle were his. Ross was also arrested during execution of the search. She admitted to distributing drugs for money.

U.S. Attorney Nikolas P. Kerest commended the efforts of the Vermont Drug Task Force, the Vermont State Police, the Federal Bureau of Investigation, and the Fair Haven, Vermont Police Department in the investigation of Muzzy and Ross.  

Assistant U.S. Attorney Barbara A. Masterson is handling the prosecution of Muzzy and Ross. Muzzy is represented by Assistant Federal Public Defender Steven L. Barth and Ross is represented by Karen R. Shingler, Esq. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn .

Burlington, Vermont – The United States Attorney’s Office stated that Joshua Wells, 34, of Colchester, Vermont was indicted for an offense under the Hobbs Act for obstructing commerce by robbery. Wells made his initial appearance in United States District Court in Burlington on May 31, 2023. United States Magistrate Judge Kevin J. Doyle scheduled a detention hearing for June 7, 2023. 

According to court records, on January 17, 2023, the South Burlington Police Department (SBPD) received a call reporting an armed robbery at the Jolley gas station located at 977 Shelburne Road in South Burlington, Vermont. Multiple SBPD officers responded to the scene and determined that a white male, who was wearing all black clothing and a black mask, flashed a gun at the store clerk, stole money and a carton of cigarettes, and fled on foot. Two days later on January 19, 2023, investigators searched Wells’ hotel room and vehicle and found the gun used in the robbery, which turned out to be a BB gun, and the distinctive black mask that Wells wore to the Jolley.

The U.S. Attorney’s Office notes that the indictment is an accusation only and that the defendant is presumed innocent until and unless proven guilty. If convicted, Wells faces a maximum of 20 years in prison. Any sentence in the case will be advised by the Federal Sentencing Guidelines.
  
U.S. Attorney Nikolas Kerest credited the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the South Burlington Police Department, the Colchester Police Department, the University of Vermont Police Services, and the New England State Police Intelligence Network for their work in the investigation. 

Assistant United States Attorney Zachary Stendig represents the government. Wells is represented by Evan Barquist, Esq. and Mary Nerino, Esq. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn .

Burlington, Vermont – The United States Attorney’s Office stated that Edward Lamson, 23, previously of Winooski, Vermont, was sentenced today following his guilty plea to receiving a firearm while under indictment for numerous state felony offenses. Lamson was found in possession of the firearm in May 2022, after he was involved in a single-vehicle accident in South Burlington, Vermont. Lamson was facing eight state felony charges, including multiple burglaries, and numerous simple assault charges at the time of his arrest. 

Chief U.S. District Court Judge Geoffrey W. Crawford sentenced Lamson to time served (after serving approximately 9 months in prison), to be followed by a 3 year period of supervised release. In imposing the sentence, the Court noted not only the seriousness of Lamson’s offense, but also his history of mental health issues. 

The U.S. Attorney recognized the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for their work on the case. Assistant U.S. Attorneys Eugenia Cowles and Michael Drescher represented the government. Michael J. Straub, Esq. represented Mr. Lamson.
 
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.  For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn .

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that Morgan Gates, 28, of Rutland, Vermont, was sentenced by Chief United States District Judge Geoffrey W. Crawford to time served (after serving approximately 10 months in prison) for making false statements to a federal firearms dealer in connection with the purchase of a firearm. Judge Crawford also ordered that Gates serve three years of supervised release starting today. 

According to court documents, on June 29, 2022, Gates attempted to purchase a firearm at a Rutland dealer with a federal firearms license (“the FFL”).  The FFL had reason to believe that Gates was an active drug user, delayed her purchase, and contacted the Rutland Police Department. While law enforcement investigated the attempted purchase, Rutland Police detectives learned that Gates had successfully purchased a Glock Model 45 9x19mm handgun from a different FFL located in Rutland on June 29, 2022. In coordination with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Homeland Security Investigations, Rutland Police detectives located Gates on June 30, 2022 and arrested her. A search of Gates’s residence in Rutland did not recover the Glock firearm but did result in the seizure of ammunition of multiple calibers, an empty box of 9x19mm ammunition, and evidence that demonstrated Gates’ participation in a conspiracy to distribute cocaine base. The Glock Model 45 9x19mm handgun purchased by Gates was ultimately recovered on July 19, 2022, in Rutland, Vermont.
 
This case was investigated by the Rutland Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Homeland Security Investigations.

Assistant United States Attorneys Jonathan Ophardt and Zachary Stendig represented the government. Katina Ready, Esq. represented Gates.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn .

Burlington, Vermont – The United States Attorney for the District of Vermont announced that Craig Wilkins, 38, of Rutland, was sentenced today in United States District Court in Burlington to 30 months of imprisonment following his guilty plea to a charge that he possessed two handguns as a convicted felon. U.S. District Judge Christina Reiss also ordered that Wilkins serve three years of supervised release following completion of his prison term. Wilkins has been detained without bail since his arraignment last year. 

According to court records, on October 31, 2021, Rutland police officers and emergency medical personnel responded to a grocery store parking lot after a citizen reported that two people appeared to be unconscious inside a vehicle. When officers arrived, the two occupants – Craig Wilkins, who was in the driver’s seat and a female who was in the rear – were conscious but appeared to be under the influence of drugs. Wilkins was asked to step out of the car for questioning and when he did so a round of ammunition fell to his feet. Wilkins is prohibited by federal law from possessing firearms or ammunition because he has prior Vermont felony convictions for distributing narcotics. 
 
Authorities impounded the automobile and obtained a state court warrant to search it. In a backpack that was on the front passenger seat and in the glove compartment, officers recovered two handguns, about 177 grams of cocaine base, and about 15 grams of fentanyl. Federal agents obtained a warrant for Wilkins’ arrest on April 12, 2022 and a federal grand jury in Burlington indicted Wilkins on drug and gun charges later that month. Wilkins pleaded guilty to the gun charge last September.

The case was investigated by the Rutland Police Department and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives. 
 
Wilkins is represented by Assistant Federal Public Defender Steven Barth. The prosecutor is Assistant U.S. Attorney Gregory Waples.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn .

Burlington, Vermont – The United States Attorney’s Office stated that Andrew Hollins, who has also been known as Andrew Jones, 36, of Colchester, Vermont and New York City, pleaded not guilty today in United States District Court in Burlington to two separate indictments charging him with narcotics trafficking, wire fraud, money laundering and aggravated identity theft. U.S. Magistrate Judge Kevin Doyle ordered that Hollins be detained pending trial, which has not been scheduled.

On December 13, 2022, a federal grand jury in Burlington returned a superseding indictment alleging that Hollins distributed cocaine on three dates in late 2019. At the same time, the grand jury returned a separate indictment charging Hollins with fraud, money laundering and identity theft in connection with a series of pandemic-related Economic Injury Disaster Loan applications he allegedly submitted to the U.S. Small Business Administration in July and August 2020. Under the EIDL loan program, the SBA provides low-interest loans to businesses and persons that have suffered financial hardship because of a natural disaster, such as the Coronavirus pandemic. 
 
According to the indictment, Hollins applied for eight EIDL loans in mid-2020 in his own name, in the names of two businesses he founded, in the names of two relatives and in the names of three persons whose identities Jones allegedly stole. Some of the loans were funded by SBA, while others were rejected. The indictment states that the applications were fraudulent because they contained materially false statements about when the businesses were established, about the companies’ gross receipts in the preceding year, about the number of employees each  business had and about the physical location of the businesses. 
 
The United States Attorney emphasizes that the charges in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty.

If convicted on the drug charges, Hollins faces up to 20 years of imprisonment and a fine of up to $1,000,000. The wire fraud charges are punishable by up to 20 years of imprisonment and a fine of up to $250,000. Any sentence would be determined with reference to federal sentencing guidelines.

This case was investigated by the Criminal Investigation Division of the Internal Revenue Service and Homeland Security Investigations.  

Hollins is represented by Federal Public Defender Michael Desautels. The prosecutor is Assistant U.S. Attorney Gregory Waples.

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced today that Daniel Ruiz, aka “P-Nut,” 35, of Agawam, Massachusetts was sentenced today to serve 140 months of imprisonment after his conviction for conspiracy to distribute heroin, fentanyl, and cocaine base. Chief United States District Judge Geoffrey W. Crawford also ordered Ruiz to serve a three-year term of supervised release after his incarceration.

According to court records, Ruiz was arrested on March 23, 2022, shortly after the execution of search warrants at the Highlander Motel in Rutland, Vermont. Ruiz fled out the bathroom window of Room 15 of the Motel, and was apprehended shortly thereafter. Inside of Room 15, law enforcement located approximately 37 grams of cocaine base, 168 bags of fentanyl, over $5,000 in cash, and a Glock 9mm handgun. Law enforcement’s investigation revealed Ruiz was a supervisor and manager of a drug trafficking operation that operated out of the Highlander Motel from approximately January 2022 until Ruiz’s arrest on March 23, 2022. Ruiz’s criminal conduct involved the trafficking of at least 200 grams of cocaine and 80 grams of fentanyl, with Ruiz making up to $1,000 a day in profits from the sale of controlled substances. One of the people Ruiz managed and supervised was his co-defendant, Joel Caquias Aviles, 21, who was sentenced on November 9, 2022 to serve 30 months in prison for being a felon in possession of a firearm. Ruiz also managed and supervised the drug trafficking activities of a 17-year-old juvenile, whom Ruiz recruited into the group. Ruiz had the juvenile make deliveries of cocaine base and fentanyl to purchasing customers, paying the juvenile in both cash and marijuana. 

Ruiz has a prior federal conviction in the District of Massachusetts for conspiracy to distribute and distribution of cocaine base, as well as a conviction in Massachusetts state court for possession with intent to distribute heroin. These two convictions made Ruiz a career offender under the Federal Sentencing Guidelines.

United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the Rutland City Police Department, the Department of Homeland Security’s Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the Federal Bureau of Investigation, Vermont State Police, the Bennington Police Department, the Weathersfield Police Department, the Rutland County Sheriff’s Department, the Ludlow Police Department, the Rutland Town Police Department, Vermont Department of Corrections, and the Burlington Police Department.  

The government was represented by Assistant United States Attorneys Jonathan A. Ophardt and John J. Boscia. Ruiz was represented by Assistant Federal Public Defender Mary Nerino, Esq. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that yesterday Sabrina Kingsbury, 41, most recently of Colchester, Vermont, was sentenced to 20 months imprisonment by U.S. District Court Judge Christina Reiss. Judge Reiss also sentenced Kingsbury to three years supervised release, which follows her prison sentence. 

Kingsbury previously pleaded guilty to an offense under the Hobbs Act with obstructing commerce by robbery, which carries a maximum penalty of 20 years imprisonment. In recommending a sentence of 24 months or less, the government cited Kingsbury’s significant progress in addressing her substance abuse and mental health issues through treatment. 

According to court records on April 18, 2022, at approximately 4:00 p.m., Kingsbury entered the Black Diamond store at 17 Church Street and gathered about $1,200 worth of merchandise. Kingsbury then attempted to leave the store without paying for these items. After store employees confronted her, she threatened to stab one of them with a knife. Soon after, officers from the Burlington Police Department arrested Kingsbury with the merchandise near the bus stop located at St. Paul and Pearl Streets. At the time of her arrest, Kingsbury possessed a Gerber Leatherman knife. 

The Federal Bureau of Investigation and the Burlington Police Department investigated this case. The United States is represented by Assistant U.S. Attorney Joseph Perella. Steven Barth, Esq. of the Office of the Federal Public Defender represented Kingsbury.

This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, 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 https://www.justice.gov/psn .

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that John Van Vught, 72, of Northfield, Vermont, was arrested on Friday, May 12, 2023 in Brunswick, Georgia. Van Vught is expected to have his initial appearance later today before a United States Magistrate Judge in Brunswick, Georgia.

According to court records, on May 11, 2023, the federal grand jury in Burlington, Vermont returned a three-count wire fraud indictment related to Van Vught’s embezzlement of $560,000 from ValleyNet, a non-profit operating in the Upper Valley. Van Vught performed contract accounting work for ValleyNet between 2010 and July 2022. During that timeframe, Van Vught transferred $560,000 out of ValleyNet’s accounts into his personal bank account. Van Vught hid the transfers by underreporting the income ValleyNet received according to his accounting submissions. Van Vught also obfuscated his possession of the embezzled funds by purchasing properties in Georgia and Florida.

The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Van Vught remains presumed innocent until and unless he is convicted of a crime. Van Vught faces a maximum sentence of 20 years of imprisonment on each wire fraud count. The actual sentence would be determined with reference to the United States Sentencing Guidelines.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of Special Agents with the Federal Bureau of Investigation. 
 
The prosecutor is Assistant United States Attorney Jonathan A. Ophardt. Van Vught has not yet retained or been appointed counsel.

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that Joshua Pincoske, 47, of Concord, New Hampshire pleaded guilty today in United States District Court in Concord, New Hampshire to one count of production of child sexual abuse materials (formerly called child pornography) and one count of possession of child pornography. U.S. District Judge Joseph N. Laplante ordered that Pincoske remain detained in the custody of the United States Marshals Service pending sentencing. Pincoske’s sentencing hearing is set to occur in Concord, New Hampshire on August 28, 2023.  

According to court records, on February 2, 2022, law enforcement executed search warrants authorizing the searches of Pincoske’s residence, his vehicle, and his person. During the execution of those search warrants, law enforcement seized a number of electronic devices, including his cellular phones. Examinations of the contents of Pincoske’s cellular phones revealed numerous visual depictions of minor females engaged in sexually explicit conduct. In the plea agreement between Pincoske and the United States, Pincoske admitted to engaging in sexual activity with a fifteen-year-old female in the master bedroom of his home in Concord on October 4, 2019. During the sexual activity, Pincoske, using his cellular phone, created videos and images of the juvenile engaged in sexual activity. Pincoske also admitted to engaging in sexual activity with a second juvenile female on November 12, 2021 while in Massachusetts, and creating both images and videos of this juvenile female engaged in sexually explicit conduct. 

At sentencing, if the plea agreement is accepted by the Court, Pincoske will face a sentence of not less than 20 years and not more than 30 years of imprisonment, and a 10-year term of supervised release. Pincoske is required to pay restitution to the victims of his federal convictions and has agreed to pay restitution to four additional juvenile victims related to pending prosecutions in Merrimack and Strafford Counties.  

The resolution of Pincoske’s federal charges occurs in conjunction with coordinated resolutions concerning matters pending before New Hampshire state courts in Merrimack and Strafford Counties. Those resolutions are the subject of separate agreements with the prosecutors in those jurisdictions.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Concord Police Department and the Farmington Police Department. He also thanked the New Hampshire Internet Crimes Against Children Task Force, the Merrimack County Child Advocacy Center, the Yarmouth, Massachusetts Police Department, the Bangor, Maine Police Department, the El Dorado, Kansas Police Department, and the United States Secret Service for their vital assistance.

The United States Attorney for the District of Vermont has been appointed to handle this prosecution under the authority described in 28 U.S.C. § 515. The prosecutor assigned to the matter is Jonathan A. Ophardt, an Assistant United States Attorney in the District of Vermont. Pincoske is represented by Assistant Federal Public Defender Behzad Mirhashem.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and Child Exploitation Obscenity Section, Criminal Division (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.

Burlington, Vermont -  In honor of National Police Week, United States Attorney Nikolas P. Kerest recognizes the service and sacrifice of federal, state, county, and local law enforcement officers in Vermont. This year, the week is commemorated from Tuesday, May 9 through Saturday, May 20, 2023. 

U.S. Attorney Kerest stated, “Every day in Vermont, our federal, state, county, and local officers show up and run towards danger to keep our communities safe. This is difficult work and is vital to the safety of all Vermonters. My office commends and thanks each of them for their dedication to our Vermont communities. In addition, we should also focus on officer wellness. The pressures of responding to unknown circumstances take a toll on law enforcement officers and deserve attention. I encourage everyone to get in touch with a police officer this week and convey gratitude for their sacrifices.”  

In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty. This week, we encourage Vermonters and citizens across the country to remember and honor those who gave their lives so the rest of us can live peacefully.

Based on data from the National Law Enforcement Officer Memorial Fund (NLEOMF), the names of 556 officers killed in the line of duty are being added to the National Law Enforcement Officers Memorial in Washington, D.C.  The 556 officers include 224 officers who were killed during 2022, plus 332 officers who died in previous years, but whose stories of sacrifice had been lost to history until now. The names of all 556 fallen officers nationwide will be formally dedicated during the 35th Annual Candlelight Vigil to be held on the National Mall in Washington, DC, at 8:00 pm EDT on May 13, 2023. For more information, go to candlelight vigil. The schedule of National Police Week events is available on the NLEOMF’s website.

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Reference to any specific organization or service(s) offered by an organization is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by the United States Department of Justice.

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that Jazzmeek Johnson, 31, of Brooklyn, New York was sentenced today to serve 60 months in prison after he pleaded guilty to distributing controlled substances, specifically cocaine base and fentanyl.  United States District Judge Christina Reiss ordered that after Mr. Johnson’s release from custody, he must serve a 3-year term of supervised release.  Mr. Johnson has been detained since his arrest in July 2022.

According to court records, law enforcement began investigating Jazzmeek Johnson in August 2021. During the course of the investigation, Mr. Johnson sold controlled substances to a confidential informant on five separate occasions.  On one of those occasions, May 31, 2022, Mr. Johnson sold cocaine base and fentanyl to a confidential informant in Rutland, Vermont. Mr. Johnson was arrested on July 17, 2022, during a traffic stop.  Following his arrest, Mr. Johnson confessed to selling drugs out of the Highlander Motel in Rutland.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of Homeland Security Investigations, Rutland City Police Department, and the Vermont State Police. 
Assistant United States Attorneys Jonathan Ophardt, Corinne Smith, and Zachary Stendig handled the prosecution.  Heather Ross, Esq. represented Jazzmeek Johnson.

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that Zahir Allah, 42, of Springfield, Massachusetts was sentenced today to serve 34 months in prison after he pleaded guilty to possession with intent to distribute controlled substances, specifically cocaine, cocaine base and fentanyl.  United States District Judge Christina Reiss ordered that after Mr. Allah’s release from custody, he must serve a 3-year term of supervised release.

According to court records, law enforcement began investigating Zahir Allah in early 2022. In May of 2022, inside of an apartment in Winooski, Vermont, Mr. Allah sold heroin to a confidential informant. On June 23, 2022, investigators executed a search warrant on the Winooski apartment. When police tried to open the front door of the apartment, they were unable to do so because Mr. Allah leaned against the door from the inside to keep it closed. After law enforcement finally made entry, they found Zahir Allah in the apartment and placed him under arrest.   Investigators searched Mr. Allah and found a distinct blue bundle of fentanyl on his person. They then searched the apartment and found packages of glassines of fentanyl, matching the distinctive blue color packaging of the drugs found on Mr. Allah’s person, inside of a dresser drawer.  From inside of a backpack within that same dresser, law enforcement found approximately 190 grams of cocaine base and approximately 301 grams of cocaine.  In total, 999 glassines containing fentanyl weighing more than 20 grams were found in the apartment.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Federal Bureau of Investigation, Vermont State Police, South Burlington Police Department, and Winooski Police Department.

Assistant United States Attorney Zachary B. Stendig handled the prosecution.  Assistant Federal Public Defender Sara Puls, Esq. represented Zahir Allah.

The United States Attorney for the District of Vermont announced that Christian Torruellas, 30, of Newark, New Jersey, was sentenced today in United States District Court in Burlington to 41 months of imprisonment following his guilty plea to a charge that he possessed a firearm as a convicted felon.  Chief U.S. District Judge Geoffrey Crawford also ordered that Torruellas serve a three-year term of supervised release upon his release from prison.  Torruellas has been detained since his arrest in February 2021.
  
According to court records, on October 6, 2020, a federal arrest warrant issued for Torruellas for supervised release violations. On February 10, 2021, members of the United States Marshal Service arrested Torruellas while he was driving in Brattleboro, Vermont.  Officers recovered a .38 caliber pistol from the floor of Torruellas’ car.  Torruellas is prohibited from possessing firearms because he has a 2016 felony conviction in federal court in New Jersey for possessing firearms as a prohibited person. 
 
Torruellas is represented by Karen Shingler, Esq.  The prosecutors are Assistant U.S. Attorneys Zachary Stendig and Gregory Waples.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.  For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that on May 1, 2023, Varian Lefebvre, 29, of Springfield, Massachusetts, was sentenced by U.S. District Judge Christina Reiss to 77 months’ imprisonment to be followed by a 7-year term of supervised release for possessing with intent to distribute fentanyl and for being a felon in possession of a loaded firearm on January 21, 2021. Lefebvre had previously pleaded guilty to the offenses.

According to court records, on January 21, 2021, two women were walking down a hallway at the Holiday Inn in Rutland, Vermont, when they encountered Varian Lefebvre, who was at that time in the middle of an armed confrontation with another person. Lefebvre pointed his handgun at the women and ordered them back to their room. When Vermont State Police responded to the hotel, they encountered Lefebvre wearing a backpack as he was leaving the hotel. A search of the backpack turned up a fully loaded handgun (including a bullet in the chamber) and 220 bags of fentanyl. DNA evidence from the gun confirmed that Lefebvre had possessed the weapon. 
 
The case was investigated by the Vermont State Police and the Federal Bureau of Investigation, with assistance from the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.

Mary Nerino of the Office of the Federal Public Defender represented Lefebvre. Assistant U.S. Attorneys Kimberly Ang and Michael Drescher represented the government.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn .

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that Reinaldo Davis, 48, of Rutland, Vermont, was sentenced today to serve 18 months in prison after Davis pleaded guilty to distribution of cocaine base. United States District Judge Christina Reiss ordered that after Davis’ release from custody, Davis must serve a 3-year term of supervised release.

According to court records, Homeland Security Investigations and the Rutland City Police Department began investigating Reinaldo Davis in late 2020. On three occasions, Davis sold cocaine base to a confidential informant assisting law enforcement. In one specific instance, on May 26, 2022, inside of a house in Rutland, Davis sold approximately one ounce of cocaine base to the confidential informant. The investigation also demonstrated that Davis possessed weapons and used violence to further his drug trafficking.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of Homeland Security Investigations and the Rutland City Police Department.

Assistant United States Attorneys Jonathan A. Ophardt and Zachary B. Stendig handled the prosecution. Devin McLaughlin, Esq. represented Davis.

Burlington, Vermont - The United States Attorney’s Office, the Vermont Attorney General’s Office, and the Rutland Area NAACP will be co-hosting a Hate-Free Vermont Forum for the Orange County community in Randolph on May 8, 2023, from 5:30 pm to 7:30 pm. This forum will be the fourth held in an ongoing series that started in 2019; recent Hate-Free Vermont Forums have taken place in Franklin County (2023), Rutland, and Bennington (2022).

“The Forum aims to bring policymakers, stakeholders, and community members together for productive and difficult conversations that will work to reduce animus, discord, and misunderstandings,” said co-facilitator Etan Nasreddin-Longo. “Many community members have told us they do not feel comfortable reporting bias incidents to the police or feel that is not an effective option. What additional options for reporting and addressing harm and conflict already exist in your community, and what new or improved options would you like to see?”

Participants are welcome to share what they want their government officials to know about their experiences, and to ask questions of their government officials about bias and discrimination. The Forum will be hosted in Randolph, but everyone from the Orange County community is invited.

When:      Monday, May 8, 2023, 5:30pm-7:30pm
Where:     The Forum will be hosted in person and remotely.
       *  Physical location: Randolph Union Middle/High School – Cafeteria,                                                15 Forest St, Randolph, VT 05060
       *  Remote registration link: bit.ly/HateFreeRandolph
Who: All are welcome.

Registration is required for remote attendance.  

The Office of the United States Attorney for the District of Vermont stated that Norman Merrill II, 46, of Chester, Vermont, was sentenced yesterday to serve 10 years in prison after pleading guilty to possessing child sexual abuse material, previously referred to as child pornography.  United States District Judge Christina Reiss also ordered that after Merrill’s release from prison, Merrill must serve a ten-year term of supervised release.  Merrill was also ordered to pay $3,750 in restitution, a $5,000 fine, and a $3,000 special assessment to be paid to the Child Pornography Victims Reserve Fund.

According to court records, on May 7, 2022, Chester Police Officers received reports concerning potential voyeurism occurring at Merrill’s home.  During the investigation, witnesses alleged they had found a hidden recording device in a bathroom at Merrill’s home, and that Merrill was surreptitiously recording young girls who were walking in front of him while at Green Mountain High School, where he was employed as a teacher.  After interviewing witnesses, Chester Police Officers obtained search warrants for Merrill’s home and electronics, which were executed on May 11, 2022.  Chester Police Officers seized numerous electronic devices, including cellular phones, digital storage media, “pinhole cameras,” and a “spy camera.” 
 
The Vermont State Police conducted a preliminary forensic examination of a memory card seized from the residence which revealed numerous voyeuristic videos taken in residential bathrooms.  Some of these videos were taken in a bathroom of Merrill’s residence and were determined to depict nude minor children.  Special Agents with Homeland Security Investigations (HSI) agreed to assist local and state authorities with examining the contents of Merrill’s devices to determine whether any of the images and videos qualified as child pornography under federal law.

The HSI investigation revealed that Merrill had placed hidden cameras in a deliberate effort to obtain video footage of a particular female minor.  Merrill placed hidden cameras in the bathrooms of two residences, including one hidden camera placed underneath a bathroom sink, to capture the minor female’s genitalia while she occupied the bathroom.  Merrill possessed screen-captures created from the videos of the minor female, which were intentionally created to focus solely on her genitalia.  With the hidden cameras, Merrill also captured voyeuristic videos of additional children and some adults who used the bathroom in his residence.  Some of these videos captured nudity, such as exposed breasts and/or visible genitalia.

The review of Merrill’s electronic devices revealed additional misconduct involving children, including a single file depicting the sexual abuse of a child, a file which Merrill did not create.  Merrill also had a number of photographs of female children, the faces of which appear to have been clipped and digitally overlaid onto images of adult pornography.  Merrill was also in possession of videos that appear to have been covertly taken at a school, suspected to be the school where Merrill was employed, depicting females in revealing clothing.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Chester Police Department, Vermont State Police, and the Department of Homeland Security’s Homeland Security Investigations.

Assistant United States Attorney Jonathan Ophardt handled the prosecution.  Devin McLaughlin, Esq. represented Merrill.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and Child Exploitation Obscenity Section, Criminal Division (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.

The Office of the United States Attorney for the District of Vermont stated that Samuel Colby, 40, of Springfield, Vermont, was sentenced to serve 7 years in prison after pleading guilty to having committed two bank robberies and the robberies of three convenience stores in January of 2022.  United States District Judge William K. Sessions III also ordered Colby to serve a three-year term of supervised release after his release from prison.

According to court records, during the early-morning hours of January 6, 2022, Colby robbed the Circle K convenience store in Springfield, Vermont of both cash and cigarettes by displaying what the clerk believed to be a black handgun, but which was actually a BB gun.  On the evening of January 6, 2022, Colby robbed the Allen Brothers convenience store in Westminster, Vermont of both cash and cigarettes by displaying what the clerk believed to be a black handgun in his waistband, but which was actually a BB gun.  On January 8, 2022, Colby robbed the 802 Credit Union in Springfield, Vermont of cash by presenting a demand note to the teller stating he had a gun and would shoot someone if he did not receive $2,000 in cash.  Colby’s demand note was written on a torn piece of distinctive stationery.  On January 10, 2022, Colby robbed the People’s United Bank in Springfield, Vermont of cash by displaying what the teller believed to be a black handgun, but which was actually a BB gun.  On January 13, 2022, Springfield Police encountered Colby outside the 802 Credit Union in Springfield, where he was identified by witnesses as the robber during the robbery five days prior.  Springfield Police approached Colby, spoke with him, seized Colby’s vehicle, and applied for a State of Vermont search warrant which was granted the next day.  Inside the vehicle, officers located a black BB gun consistent in appearance with a functional semi-automatic pistol.  The search of Colby’s vehicle was interrupted by reports of another robbery occurring at the Family Dollar store in Springfield.  On the afternoon of January 14, 2022, Colby robbed the Family Dollar by demanding cash from the cashier and displaying a black baton-like object.  Colby was located and arrested shortly after the robbery.  Law enforcement thereafter obtained a State of Vermont search warrant for Colby’s residence, and during that search, located clothing items consistent with those worn during the robberies, cigarettes believed to have been stolen during the robberies, and the top portion of a torn piece of stationery that matched the demand note Colby had used.

United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the Springfield Police Department, the Vermont State Police, and the Federal Bureau of Investigation.  He also commended the assistance of the Vermont Forensic Laboratory, who provided crucial assistance analyzing evidence in the case.

U.S. Attorney Kerest stated: “Samuel Colby committed multiple bank robberies and convenience store robberies in southeastern Vermont over the course of eight days.  In addition to traumatizing victims, these types of crime sprees are dangerous and disruptive for our communities.  Thanks to the coordinated and diligent work of the Springfield Police Department, the Vermont State Police, and the Federal Bureau of Investigation, Colby was arrested and brought to justice.  Our office will continue to work closely with local, state, and federal law enforcement partners to protect the safety of Vermonters.”

Assistant United States Attorneys Wendy Fuller and Jonathan Ophardt handled the prosecution.  Natasha Sen, Esq. represented Colby.

Burlington, Vermont – Following a jury trial, Everett A. Simpson, 45, formerly of St. Johnsbury, Vermont, was convicted on all counts – two counts of federal kidnapping and two counts of interstate transportation of stolen vehicles. 

According to court documents and testimony, on January 4, 2019, Simpson absconded from the Valley Vista treatment facility in Bradford, Vermont, and stole a commercial van in Newbury, Vermont, eventually deserting that vehicle in a parking garage in Manchester, New Hampshire on the morning of January 5. Later that same day, in the parking lot of the Mall of New Hampshire, Simpson kidnapped a young woman and her four-year-old child after forcing his way into the young woman’s car. Simpson held the woman and her child against their will, driving from New Hampshire into Vermont, where Simpson attempted to locate his estranged wife. After abandoning the effort to find his wife, Simpson continued the kidnapping, now seeking to sexually assault the young woman. Simpson assaulted the woman in her car and at a hotel in White River Junction, before freeing her and her child. Simpson fled the area in the woman’s stolen car. Simpson was eventually arrested after two high-speed pursuits in Delaware County, Pennsylvania, during the second of which he was driving a third vehicle he had stolen. 
 
United States Attorney Nikolas P. Kerest stated, “The crimes committed by Everett Simpson are of the worst variety; Simpson preyed on random victims, including a child. And, although the harms suffered by Everett Simpson’s victims are indelible, today’s across-the-board guilty verdict represents a significant step in holding Everett Simpson responsible for the heinous crimes he committed on January 5, 2019.” 

United States Attorney Kerest also commended the investigative agencies, including the Federal Bureau of Investigation in Vermont, Pennsylvania, and New Hampshire, the Vermont State Police, the Hartford Police Department, the Manchester, New Hampshire Police Department, and the Upper Darby, Pennsylvania Police Department, all of whom worked diligently alongside the trial team and were necessary to achieve today’s guilty verdict.

Simpson faces a statutory mandatory minimum of twenty years’ imprisonment, and a maximum sentence of life imprisonment. Simpson’s actual sentence will be determined by District Judge Sessions and will be advised by the U.S. Sentencing Guidelines.

Assistant United States Attorneys Matthew Lasher and Paul Van de Graaf represented the United States in the prosecution of Simpson. Simpson represented himself at trial with Steven Barth of the Office of the Federal Public Defender serving as stand-by counsel.

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that Glen Buehler, 67, of Vernon, Vermont, is scheduled to appear this afternoon before United States Magistrate Judge Kevin J. Doyle after his arrest for Possession of Child Sexual Abuse Materials (CSAM).

According to court records, on February 2, 2023, a Portsmouth, New Hampshire Police Detective was conducting an online investigation of the BitTorrent network, looking for individuals sharing CSAM. A BitTorrent user was identified as sharing likely CSAM files, and a download of some of those files occurred the evening of February 2, 2023. After the source of the files was determined to likely be in Vermont, the New Hampshire Internet Crimes Against Children (ICAC) Task Force coordinated with Homeland Security Investigations (HSI) in Derby, Vermont. HSI’s investigation revealed the source of the files downloaded from BitTorrent to likely be Buehler’s residence in Vernon, Vermont. A federal search warrant was executed on April 3, 2023, resulting in the seizure of a number of electronic devices. A preliminary forensic examination by HSI revealed that a Motorola cellphone contained multiple files of suspected CSAM. On April 7, 2023, Buehler was charged by criminal complaint. Buehler self-surrendered to law enforcement this morning.

The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that Buehler remains presumed innocent until and unless he is convicted of a crime. Buehler faces a maximum sentence of 10 years of imprisonment. The actual sentence would be determined with reference to the United States Sentencing Guidelines.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of agents of Homeland Security Investigations, the Portsmouth, New Hampshire Police Department, the New Hampshire ICAC, the Vermont ICAC, and the detectives of the Vermont Attorney General’s Office’s Criminal Division. He also thanked the Vermont State Police and Brattleboro Police Department for their assistance. 
 
The prosecutor is Assistant United States Attorney Jonathan A. Ophardt. Buehler is represented by the Office of the Federal Public Defender.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and Child Exploitation Obscenity Section, Criminal Division (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.

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that Bruce Erdmann, 63, of South Burlington, Vermont, was sentenced today, to three months of incarceration and three months of home detention following his guilty plea to a charge of distribution of cocaine. Chief U.S. District Judge Geoffrey W. Crawford also ordered Erdmann to pay a $4,000 fine and serve three years of federal supervised release. The sentence imposed by Judge Crawford was determined with reference to the Federal Sentencing Guidelines. 
 
According to court records, Erdmann’s conviction stemmed from a March of 2021 incident in which he distributed cocaine to an individual within his residence, resulting in a non-fatal overdose.

Special Agent in Charge Fernando P. McMillan, FDA Office of Criminal Investigations New York Field Office, stated, “We commend the United States Attorney’s Office and our law enforcement partners as we work together to protect the public health.” 

U.S. Attorney Nikolas P. Kerest thanked the U.S. Food and Drug Administration and the South Burlington Police Department for their investigatory work on this case.

The case was prosecuted by Assistant United States Attorneys Kimberly Ang and Nate Burris. Erdmann was represented by Attorney Ian Carleton, Esq.

Burlington, Vermont – The United States Attorney’s Office stated that Carl Martin, 37, of Colchester, Vermont, was sentenced yesterday in United States District Court in Burlington to 48 months of imprisonment following his June 2022 conviction at trial on drug charges. United States District Judge William K. Sessions III also ordered Martin to serve four years of supervised release following completion of his prison term.
  
According to public records, in February 2018, Carl Martin was involved in a shooting in front of the Nectar’s Bar on Main Street in Burlington. Just before the shooting, Carl Martin punched Rashad Nashid in the face and pointed a firearm at him. In return, Nashid fired his own gun in the direction of Martin. The gunshot hit an innocent bystander who was seriously wounded. In connection with the shooting, Nashid received a 150-month sentence after pleading guilty to two counts of possessing a firearm as a convicted felon. Carl Martin was never charged for his involvement in the shooting. 

Between July and October 2019, Martin sold cocaine to an undercover law enforcement officer on several occasions. In June 2022, a federal jury sitting in Burlington found Martin guilty of conspiracy to distribute cocaine and guilty on four counts of distribution of cocaine. The jury acquitted Martin of a sixth charge related to trading a firearm for cocaine.  
 
“Carl Martin has proven to be a violent individual, committing multiple crimes over a lengthy period of time, using his firearm to solve disputes. Thanks to the thorough investigation and tenacity of ATF Special Agents, with assistance from the Burlington Police Department, Vermont State Police, Drug Enforcement Administration, and the United States Marshals Service, Mr. Martin will now answer for his actions,” said ATF Special Agent in Charge James Ferguson.

United States Attorney Nikolas P. Kerest stated, “Federal prosecutors in Vermont are working hard every day to enforce federal firearm laws. Prosecution of firearm-related offenses is at the top of our priority list. We appreciate the dedication of our many law enforcement partners in these cases including the investigation and prosecution of Carl Martin.” 

Martin was represented by Chandler Matson, Esq. The prosecutors were Assistant U.S. Attorneys Wendy L Fuller and Andrew Gilman.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.  For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn  .

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that Jeremiah Smith, 44, of Burlington, was sentenced yesterday to 46 months of imprisonment in the United States District Court by United States District Judge William K. Sessions III. Smith previously pleaded guilty to unlawfully possessing a firearm as a felon. Judge Sessions also ordered that Smith serve three years of supervised release after his term of imprisonment.

According to court records, on November 3, 2021, Burlington Police received a report of a pickup truck being stolen from Pine Street in Burlington. The owner of the truck also relayed that a 9mm firearm had been in the truck at the time it was stolen. Burlington Police located the truck on Pearl Street in Essex, Vermont. Essex Police Officers responded to the location of the vehicle and observed Smith as the sole occupant. Smith refused to roll down his window or exit the vehicle after repeated requests. After the officers broke the window of the truck, Smith pointed what appeared to be a firearm at an Essex Police Officer. The officer drew his service firearm, backed away from the pickup, and ordered Smith out of the vehicle. Smith continued to refuse commands, and attempted to drive the pickup, which had been remotely disabled. Smith then exited the pickup truck and began walking away from the officer. Essex Police Officers then approached Smith and detained him. While taking him into custody, officers located a Ruger 9mm pistol in Smith’s jacket pocket. A search of the truck resulted in the seizure of a realistic-looking pistol-style pellet gun from the driver’s side floorboard. Smith is prohibited from possessing firearms under federal law due to a prior felony conviction. 

U.S. Attorney Nikolas P. Kerest thanked the Bureau of Alcohol, Tobacco, Firearms, and Explosives for their investigatory assistance and commended the coordinated response of the Burlington Police Department and the Essex Police Department in this matter. U.S. Attorney Kerest said, “Thanks to the training and experience of the responding officers this combustible situation was resolved without anyone being hurt. This office will continue to pursue individuals like Mr. Smith who jeopardize the safety of our Vermont communities and our law enforcement partners.”

“It is fortunate that no police officers were injured or killed during the arrest of Jeremiah Smith, who pointed a stolen firearm at the officers. ATF will prosecute the illegal possession of firearms each and every time,” said ATF Special Agent in Charge James Ferguson.

Also, the Essex Police Department would like to commend the U.S. Attorney’s Office for the District of Vermont and the ATF for their diligence and work in securing a positive outcome in this case. This incident put Essex Police Officers in serious danger, and this situation could have resulted in a use of lethal force if not for the appropriate, split-second decision making of the officers involved. Instead, they displayed extraordinary bravery and used effective tactics to take Jeremiah Smith into custody safely. Essex Police Chief Ron Hoague stated, “I am pleased to see this individual held accountable for his actions that put our officers and the public in danger. The criminal justice system should always do whatever is necessary to keep illegal firearms out of the hands of criminals.”  

Assistant United States Attorney Andrew C. Gilman was the prosecutor. Smith was represented by Assistant Federal Public Defender Steven Barth, Esq.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.  For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn .

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that on March 23, 2023, Michael Ulrich, 32, of Morristown, Vermont, was charged in an indictment with knowingly allowing his residence to be a drug-involved premises at which controlled substances were stored and distributed. The defendant was arraigned on the indictment on March 30, 2023, before U.S. Magistrate Judge Kevin J. Doyle, and is being held in the custody of the U.S. Marshals Service pending further proceedings.

According to court records, on February 28, 2023, law enforcement executed a state search warrant at Ulrich’s residence in Morristown, Vermont. Inside of the house, investigators found glassine bags intended for the packaging of controlled substances, a digital scale used to weigh quantities of controlled substances, more than 50 grams of cocaine, and a firearm. 

The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Morristown Police Department, the Stowe Police Department, the Lamoille County Sheriff’s Department, and the Vermont State Police.  

If convicted, Ulrich faces up to twenty years of imprisonment. The actual sentence, however, would be determined with reference to the advisory Federal Sentencing Guidelines. The United States Attorney emphasizes that the charges contained in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty.

The United States is represented in this matter by Assistant U.S. Attorney Zachary B. Stendig. Michael Ulrich is represented by Mary Nerino, Esq. of the Office of the Federal Public Defender.

The Office of the United States Attorney for the District of Vermont announced that Scott Clark, 40, of Salisbury, Vermont, was arraigned today before United States Magistrate Judge Kevin J. Doyle after Clark’s indictment for possession of a stolen firearm. Clark was ordered detained pending trial.

According to court records, on September 23, 2022, a concerned citizen, who had observed suspicious activity indicative of ongoing burglaries at the Waterhouses Campground in Salisbury, contacted Vermont State Police. The responding trooper encountered Clark and Clark’s female companion at the Waterhouses Campground and in the vicinity of a white Jeep Liberty. Clark gave the trooper the false name “Nathan Clark” and also a false date of birth.  During the encounter, Clark was observed putting something in his female companion’s purse and then dropping a black holster to the ground. The companion’s purse was inspected by the trooper and sitting on top of the purse was a black Glock .40 semi-automatic handgun. Records from a local firearm store confirmed the firearm found in the purse was originally purchased by an individual who owns a residence at the Waterhouses Campground. The investigation revealed that Clark had been burglarizing residences at the campground, and while doing so, had stolen the Glock .40 handgun from one of the residences. A subsequent search of the Jeep Liberty revealed additional stolen property, including a spare .40 caliber magazine and box of .40 caliber ammunition which was reported by a campground resident as having been stored with the Glock prior to the burglary. 

The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Clark remains presumed innocent until and unless he is convicted of a crime. Clark faces a maximum sentence of 10 years of imprisonment if convicted. The actual sentence would be determined with reference to federal sentencing guidelines.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Vermont State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 
 
The prosecutor is Assistant United States Attorney Jonathan Ophardt. Clark is represented by Mark Oettinger, Esq.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.  For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that Jose Alvarez, 31, of Trenton, New Jersey, was sentenced to 14 months of imprisonment today in United States District Court by United States District Judge Christina Reiss. Alvarez previously pleaded guilty to conspiracy to transport foreign nationals in furtherance of their illegal entry into the United States. Judge Reiss also ordered that Alvarez serve three years of supervised release after he serves his term of imprisonment. 

According to court records, at about 3:00 a.m. on September 25, 2022, Alvarez was arrested near East Berkshire, Vermont after he had picked up four Guatemalan citizens who had just entered the United States illegally. Three of the foreign nationals stated each expected to pay $2000 to $3000 to Alvarez or his associates as a fee to be smuggled into the United States. Alvarez admitted to soliciting others to engage in the transportation of foreign nationals and to coordinating payment and pick up logistics with other members of the conspiracy.  

U.S. Attorney Nikolas P. Kerest credited the agents of the United States Border Patrol for their investigation and apprehension of Alvarez and their continued efforts to prevent the exploitation of foreign nationals by human-smuggling organizations. 

This matter was investigated by the United States Border Patrol. Assistant U.S. Attorney Michael Drescher was the prosecutor. Alvarez was represented by Michael Straub, Esq., of Burlington.

The United States Attorney for the District of Vermont announced that Allahjuan Calhoun, 32, of Yonkers, New York, was sentenced today in United States District Court in Burlington to one year and one day of imprisonment following his guilty plea to a charge that he failed to appear for a final supervised release revocation hearing. United States District Judge Christina Reiss also ordered that Calhoun’s sentence run consecutively to any undischarged term of imprisonment that Calhoun is serving. 
  
According to court records, in 2020 Calhoun pleaded guilty in Vermont to being a felon in possession of a firearm. Judge Reiss sentenced Calhoun to 26 months of imprisonment, to be followed by a two-year period of supervised release. Calhoun completed his prison term in 2021. Soon after, the U.S. Probation Office filed a petition to revoke Calhoun’s supervised release because, among other things, he repeatedly smoked marijuana in violation of his conditions.  

The court scheduled a final hearing on the motion to revoke Calhoun’s supervised release for March 22, 2022. Although he was aware of the court date, Calhoun failed to appear as required and the court issued a bench warrant for his arrest. Calhoun was arrested on the warrant in late June 2022. On October 27, a grand jury returned a one-count indictment charging Calhoun with failure to appear.  

Calhoun is represented by Assistant Federal Defender Mary Nerino. The prosecutor is Assistant U.S. Attorney Gregory Waples.

Burlington, Vermont - The United States Attorney’s Office for the District of Vermont stated that Paul Lachapelle, Jr., 27, of Springfield, Vermont, was sentenced by United States District Judge Christina Reiss to time served followed by 3 years of supervised release for being a drug user in possession of a firearm. Lachapelle, Jr. previously pleaded guilty to the offense.

According to court records, Lachapelle Jr. was arrested on May 30, 2022, in Springfield, Vermont. That evening, Springfield Police responded to a possible burglary in progress at a residence. The report stated that the burglary suspect had a handgun holstered to his hip. Springfield Police encountered Lachapelle, Jr. and another person at the residence. After a brief conversation, law enforcement determined that Lachapelle, Jr. threw a handgun into a tall grassy area nearby. Springfield Police searched that area and recovered a .22 caliber revolver.  

Police interviewed Lachapelle, Jr. who admitted, among other things, that he walked onto the property and onto the breezeway of the house. Lachapelle, Jr. claimed he knew the homeowner, and that the homeowner would have approved of Lachapelle, Jr.’s actions. Lachapelle, Jr. initially denied possessing a handgun while admitting that he had a knife, but after police confronted him with the homeowner’s reports of seeing the handgun on Lachapelle Jr.’s person via the residence’s surveillance video, Lachapelle, Jr. admitted to police that he threw the handgun into the tall grass near his vehicle. Additionally, the investigation demonstrated that Lachapelle, Jr. consumed controlled substances on a daily basis from September 2021 through May 30, 2022. 

The case was investigated by the Springfield Police Department, Vermont State Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Federal Bureau of Investigation. Lachapelle, Jr. was represented by Michael Straub, Esq. The prosecutors were Assistant United States Attorneys Joseph Perella and Zachary Stendig.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.  For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn

Burlington, Vermont - The United States Attorney’s Office for the District of Vermont stated that Tan Prazeres, 43, of Danbury, Connecticut, was sentenced by United States District Judge William K. Sessions III to 27 months of imprisonment followed by 3 years of supervised release for being a felon in possession of a firearm. Prazeres had previously pled guilty to the offense.

According to court records, on February 10, 2022, Prazeres, a previously convicted felon, possessed a gun in Bennington, Vermont. That day, members of the Bennington Police Department responded to a report of suspected drug overdoses by a man and a woman inside of a car on Main Street. When an officer tapped on the driver’s side window, he saw a woman inside of the vehicle holding a glass pipe in her hand. The officer also saw a man seated in the passenger seat, later identified as Prazeres, struggling to remain conscious. Prazeres identified himself with a fake name and appeared to be under the influence of drugs. Prazeres later exited the car and was transported to a local hospital. The next day, investigators obtained a State of Vermont warrant to search the vehicle and found a Raven .25 caliber pistol in a men’s jacket that covered the center console of the vehicle. The responding officer’s body worn camera video footage showed Prazeres grabbing at the jacket that contained the firearm during Prazeres’ encounter with the police. 

The case was investigated by the Bennington Police Department, Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Prazeres was represented by Assistant Federal Public Defender Steven Barth, Esq. The prosecutors were Assistant United States Attorneys Kimberly Ang and Zachary Stendig.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.  For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn

Burlington, Vermont - The United States Attorney’s Office stated that Brittany Busby, 31, formerly of Washington, Vermont, was sentenced on March 15, 2023 in United States District Court in Rutland to 28 months of imprisonment following her guilty plea to distributing fentanyl. U.S. Chief District Judge Geoffrey Crawford also ordered that Busby serve three years of supervised released and pay restitution in the amount of $250 to the family of a victim.  

On September 26, 2022, Busby pleaded guilty to an Information charging her with distributing fentanyl. According to court records and proceedings, Busby was a resident of Northern Lights, a transitional housing program for women located in Burlington, Vermont. Before it was closed on June 30, 2021, Northern Lights was intended to provide a sober living environment, as well as vocational training, substance abuse treatment, medical care, and other programming for women to successfully reenter the community.  

On the evening of January 11, 2021, while at Northern Lights, Busby knowingly and intentionally distributed fentanyl to at least one other Northern Lights resident. On January 12, 2021, Burlington Police responded to Northern Lights and found that two Northern Lights residents had fatally overdosed after using fentanyl and other controlled substances.  

“The Burlington Police Department is very grateful to the United States Attorney’s Office for helping us investigate this crime,” said acting Chief of Police Jon Murad, “and to the Drug Enforcement Administration for all its assistance. We also want to thank all those who work tirelessly to treat people experiencing substance use disorder. And I want to personally applaud Detective Kratochvil’s work. This terrible epidemic continues to claim victims. Police are called to respond to deaths like these too often. Each represents a life cut short; each leaves grief in its wake. Our ultimate goal is to prevent any such deaths.”

“Fentanyl is causing deaths in record numbers and DEA’s top priority is to aggressively pursue anyone who distributes this poison,” said DEA Special Agent in Charge Brian D. Boyle. “Illegal drug distribution ravages the very foundations of our families and communities so every time we take fentanyl off the streets, lives are saved. This investigation demonstrates the strength of collaborative local, county and state law enforcement efforts in Vermont and our strong partnership with the U.S. Attorney’s Office.”

“Fentanyl distribution continues to be a significant problem affecting our Vermont communities,” said U.S. Attorney Nikolas Kerest. “The investigation of Brittany Busby and the two overdose deaths at Northern Lights demonstrates why those who choose to distribute fentanyl must be held accountable for their actions. It also demonstrates why Vermont needs more robust, substance-free transitional housing. Thanks to the dedication and thorough work of the Burlington Police Department and the Drug Enforcement Administration this sad chapter at Northern Lights has now come to a close.” 

The case was investigated by the Burlington Police Department and the Drug Enforcement Administration.  

Busby was represented by Heather E. Ross, Esq., of Sheehey, Furlong & Behm, P.C.  The prosecutors were Assistant United States Attorneys Kimberly Ang and John J. Boscia.

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that David Conrad, 42, of Bristol, Vermont was arrested yesterday following his indictment for conducting a wire fraud scheme between approximately January of 2022 and February 28, 2023. Conrad will be arraigned this afternoon before United States Magistrate Judge Kevin J. Doyle.

According to court records, David Conrad operated a custom woodworking business operating under the names “Old Camp Woodworking” and “Vermont Custom Designs.” Conrad was the sole employee of the business, which he operated out of the two-car garage attached to his residence in Bristol, Vermont. Conrad advertised his businesses on Facebook, and had stand-alone websites which allowed customers to place orders for custom wood items, such as dining tables, dressers, bedroom sets, desks, and other items. Parts of these websites were plagiarized from other woodworking websites, and some of the photographs on the websites were not original photographs of custom pieces crafted by Conrad, but rather copies of photographs from elsewhere on the internet. Conrad’s websites displayed strict cancelation and refund policies, listing a 25% processing fee for orders canceled within 24 hours; a 75% processing fee for orders canceled within 30 days; and no refunds for orders canceled after 30 days. 

Between January 2022 and February 2023, Conrad accepted approximately $165,500 through various payment methods for over 100 different items ordered by customers in Vermont, New York, and New Hampshire. As part of the scheme to defraud, Conrad accepted payment for items he knew he could not complete within the 12-to-16-week timeframe he quoted customers. Conrad made numerous false statements to customers regarding the status of their orders and regarding why orders had not been completed (including false claims of having had a heart attack and cutting off a portion of his finger). Conrad used his strict refund policy as a reason to retain funds from customers, despite not having begun work on their orders. Conrad used funds obtained from customers to pay for his and his family’s personal expenses, while knowing that he would be unable to complete the custom-made wood item ordered by the customer from whom the funds were obtained. The grand jury’s indictment alleges five specific fraudulent transactions that involved interstate wires.

The United States Attorney’s Office emphasizes that an Indictment contains allegations only and that Conrad remains presumed innocent until and unless he is convicted of a crime. Conrad faces a maximum sentence of 20 years of imprisonment and a $250,000 fine, and restitution to the victims, on each alleged count. The actual sentence would be determined with reference to the United States Sentencing Guidelines.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of Homeland Security Investigations, Vergennes Police Department, and Vermont State Police and also thanks the Vermont Attorney General’s Consumer Assistance Program for its assistance in compiling consumer complaints and their collaborative work on this investigation.

The prosecutor is Assistant United States Attorney Jonathan A. Ophardt. Conrad is represented by Chandler Matson, Esq.

Burlington, Vermont – The United States Attorney’s Office stated that Taylor Ruffin Herrington, 31, of Philadelphia, PA, was sentenced today in United States District Court in Burlington to 150 months of imprisonment following his guilty plea to using a firearm in connection with a drug trafficking crime which caused the death of Michael Haines, and conspiracy to distribute heroin and cocaine base. United States District Judge Christina Reiss also ordered that Herrington serve four years of supervised release following completion of his prison term and ordered him to pay restitution to the victims of the offense. Herrington has been incarcerated since his arrest in March 2020.

According to public records, between the summer of 2018 and March 2020, Taylor Ruffin Herrington was in the Chittenden County area of Vermont selling heroin and crack cocaine. On March 3, 2020, Herrington had a dispute with the victim, Michael Haines, because Haines had stolen Herrington’s heroin. Angry about the theft, Herrington fired six shots at the front of Michael Haines’s house in Cambridge, Vermont. One of the bullets fired by Herrington pierced the front of the house and struck Haines who was standing in the kitchen. By the time the police arrived, Michael Haines had died of the gunshot wound. 
 
This case was investigated by the Vermont State Police and the Federal Bureau of Investigation.

Herrington was represented by Federal Public Defender Michael Desautels, Esq. The prosecutor was Assistant U.S. Attorney Wendy L. Fuller.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.  For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.

WASHINGTON – The U.S Attorney’s Office for the District of Vermont and Civil Rights Division of the Department of Justice today announced a settlement agreement with the Twin Valley School District in Vermont to resolve its investigation into complaints of student-on-student harassment based on race and sex. 

The department’s investigation revealed that the school district knew of, and did not respond sufficiently to, individualized harassment and a broader hostile educational environment in Twin Valley Middle-High School. The department’s review, which focused on the school district’s responses to allegations of harassment from the 2019-20 school year to the present identified instances of targeted peer harassment and pervasive documented use of derogatory epithets and comments based on students’ race, sex, sexual orientation and sex stereotypes. Because the school district did not sufficiently address these instances, students were deprived of equal access to the educational opportunities the district provided.

“Pervasive racial and sex-based harassment in public schools violates the Constitution’s most basic promise of equal protection,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement will help ensure that Black and LGBTQ students can thrive in a safe and supportive educational environment going forward. No student deserves to be subject to unlawful and harmful bullying or harassment, especially once they enter the schoolhouse door.” 
 
“Schools should feel safe for all children, but when harassment does happen, schools have an obligation to respond appropriately so that every child has equal access to their education,” said U.S. Attorney Nikolas P. Kerest for the District of Vermont. “Here, the school district has agreed to take significant steps to improve its process for responding to harassment and its overall educational environment.”

Under the settlement agreement, the school district agreed to implement the following reforms:

• Modify district policies and procedures to prevent and address peer harassment; 
• Undertake periodic assessments of school climate at Twin Valley Middle-High School and implement    responsive programming to remedy hostile educational environments; and
• Improve training for district employees who receive, investigate or adjudicate complaints of harassment.

The school district cooperated throughout the investigation, which was conducted under Title IV of the Civil Rights Act of 1964. 

This matter was handled jointly by Assistant United States Attorney Jules Torti of the U.S. Attorney’s Office for the District of Vermont and the Educational Opportunities Section of the Department’s Civil Rights Division. Protecting the constitutional rights of public-school students is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at https://www.justice.gov/crt, and additional information about the Educational Opportunities Section’s work is available at https://www.justice.gov/crt/educational-opportunities-section. Additional information about the District of Vermont’s Civil Rights Program is available at https://www.justice.gov/usao-vt/civil-rights-program.

To report a possible civil rights violation, please visit www.civilrights.justice.gov/.   

View the agreement here.

The Justice Department today announced a settlement agreement with the Twin Valley School District in Vermont to resolve its investigation into complaints of student-on-student harassment based on race and sex.

The department’s investigation revealed that the district knew of, and did not respond sufficiently to, individualized harassment and a broader hostile educational environment in Twin Valley Middle-High School. The department’s review, which focused on the district’s responses to allegations of harassment from the 2019-20 school year to the present identified instances of targeted peer harassment and pervasive documented use of derogatory epithets and comments based on students’ race, sex, sexual orientation and sex stereotypes. Because the district did not sufficiently address these instances, students were deprived of equal access to the educational opportunities the district provided.

 “Pervasive racial and sex-based harassment in public schools violates the Constitution’s most basic promise of equal protection,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement will help ensure that Black and LGBTQ students can thrive in a safe and supportive educational environment going forward. No student deserves to be subject to unlawful and harmful bullying or harassment, especially once they enter the schoolhouse door.”

“Schools should feel safe for all children, but when harassment does happen, schools have an obligation to respond appropriately so that every child has equal access to their education,” said U.S. Attorney Nikolas P. Kerest for the District of Vermont. “Here, the District has agreed to take significant steps to improve its process for responding to harassment and its overall educational environment.”

Under the settlement agreement, the district agreed to implement the following reforms:

• Modify district policies and procedures to prevent and address peer harassment;
• Undertake periodic assessments of school climate at Twin Valley Middle-High School and implement responsive programming to remedy hostile educational environments; and
• Improve training for district employees who receive, investigate or adjudicate complaints of harassment.

The district cooperated throughout the investigation, which was conducted under Title IV of the Civil Rights Act of 1964.

Protecting the constitutional rights of public-school students is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justive.gov/crt/, and additional information about the Educational Opportunities Section’s work is available at https://www.justice.gov/crt/educational-opportunities-section. Additional information about the District of Vermont’s Civil Rights Program is available at https://www.justice.gov/usao-vt/civil-rights-program.

To report a possible civil rights violation, please visit www.civilrights.justice.gov/.   

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that Julie Overfield, 63, of Winooski, Vermont, was sentenced today to serve 40 months in prison after Overfield was convicted for possession with intent to distribute cocaine, cocaine base, and methamphetamine.  Overfield also received a 24-month prison sentence, to run concurrent with the 40-month sentence, for violating terms of supervised release that were imposed following a conviction in the District of Arizona for conspiring to distribute more than 50 grams of methamphetamine. Chief United States District Judge Geoffrey Crawford ordered that after Overfield’s release from prison, Overfield must serve a three-year term of supervised release.

According to court records, the Winooski Police Department and the Drug Enforcement Administration began investigating Julie Overfield in February of 2022. On two occasions, Overfield sold methamphetamine to a confidential informant assisting law enforcement. On March 23, 2022, the DEA executed a federal search warrant at Overfield’s Winooski residence, resulting in the seizure of 60 grams of cocaine, 36 grams of cocaine base, 13.5 grams of methamphetamine, and $4,341 of cash. Laboratory testing revealed that all of the methamphetamine was of high purity, commonly referred to as “Ice.” 
 
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Drug Enforcement Administration and the Winooski Police Department.

Assistant United States Attorney Jonathan A. Ophardt handled the prosecution.  Federal Defender Michael Desautels, Esq. represented Overfield.

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that Kewon Yarbrough, 37, of Tulsa, Oklahoma, was charged yesterday by criminal complaint for unlawfully possessing a firearm as a convicted felon. Yarbrough was arrested Sunday evening in Rutland, Vermont. Yarbrough appeared yesterday for his initial appearance before United States Magistrate Judge Kevin J. Doyle, and will appear again today for a detention hearing.

According to court records, on March 7, 2023, Yarbrough was involved in a car accident in Rutland County. Yarbrough was the sole occupant of his vehicle at the time of the crash. Yarbrough’s vehicle was towed to an auto shop in Killington after the accident. A person called the auto shop multiple times inquiring about property left in the vehicle. An employee of the auto shop checked the vehicle, and located a Taurus Model G3C 9x19mm semi-automatic pistol in the center console. The auto shop then called the Killington Police Department, who secured the firearm from the auto shop. On March 8, 2023, Yarbrough went to the auto shop looking for his handgun, and became upset when he learned that Killington Police had taken the firearm. Yarbrough thereafter emailed Killington Police asking that his weapon be returned. Yarbrough’s criminal history includes several prior felony convictions in the State of Oklahoma for which he received sentences exceeding one year.

The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that Yarbrough remains presumed innocent until and unless he is convicted of a crime. Yarbrough faces a maximum sentence of 15 years of imprisonment if convicted. The actual sentence would be determined with reference to federal sentencing guidelines.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Killington Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Vermont State Police.  

The prosecutors are Assistant United States Attorneys Corinne Smith and Jonathan Ophardt.  Yarbrough is represented by the Office of the Federal Public Defender.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.  For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that on March 13, 2023, Marc Wells, 48, of Colchester, Vermont, was sentenced by U.S. District Judge Christina Reiss to 49 months’ imprisonment and a 5-year term of supervised release for possessing with intent to distribute heroin and fentanyl on June 2, 2021.

According to court records, on June 2, 2021, investigators with the Drug Enforcement Administration executed a search warrant at Wells’ Colchester residence, where investigators seized approximately 2,181 glassine baggies that contained a mixture of heroin and fentanyl. Wells, who has two prior federal drug convictions, admitted that he intended to distribute a portion of those narcotics.

United States Attorney Nikolas P. Kerest commended the efforts of the Drug Enforcement Administration, Burlington Resident Office, in the investigation and prosecution of Wells.

Assistant U.S. Attorney Andrew C. Gilman represented the government. Jordana M. Levine, Esq. represented Wells.

Burlington, Vermont - The District of Vermont announced that Dennis Duffy II, 40, of South Burlington, was sentenced today in United States District Court in Burlington to 12 months and one day of imprisonment following his guilty plea to loan fraud and money laundering.  U.S. District Judge William K. Sessions III also ordered that Duffy serve two years of supervised release following completion of his prison term, pay restitution in the amount of $191,000 and forfeit a Ford truck that he purchased with fraud proceeds.  The court ordered that Duffy surrender to the Federal Bureau of Prisons on May 16, 2023 to begin serving his sentence. 
   
On July 8, 2021, a federal grand jury returned a three-count indictment that charged Duffy with fraud and money laundering.  The first fraud charge accused Duffy of making false statements and providing forged documents to North Country Federal Credit Union in the summer of 2020 in connection with Duffy’s application for a $416,000 Paycheck Protection Plan (PPP) loan for his commercial cleaning business, Night Owl Cleaning, Inc. The Coronavirus Aid, Relief, and Economic Security (CARES) Act contained many provisions that were intended to address the medical, economic, and social impacts of the COVID-19 pandemic, including the PPP loan program established by Congress in the spring of 2020.  The PPP loan program was an economic stimulus program intended to help small businesses keep employees on payroll during the pandemic.  It provided billions of dollars in low-interest, unsecured loans that were to be administered through and guaranteed by the U.S. Small Business Administration. Applicants had to certify that the loan proceeds would be used to maintain payroll and pay other business-related expenses.  If applicants were able to demonstrate that proceeds were used to keep workers employed, some or all of a loan could be forgiven. Applicants had to provide the lending financial institution with certain documentation demonstrating their entitlement to and qualifications for a PPP loan.

According to the indictment, in late June 2020, Duffy applied for and received a $416,000 loan for Night Owl Cleaning from North Country Federal Credit Union.  As part of the application process, Duffy gave NCFCU tax records, rent invoices and utility bills that purported to be for Night Owl.  For example, Duffy gave the credit union what purported to be a federal corporate tax return for 2019 that indicated Night Owl had gross revenues that year that exceeded $7.3 million and had taxable income of about $382,000.  In fact, the actual returns Duffy filed with the IRS that year reported gross revenues of $79,000 and taxable income of only $15,700. According to the indictment, other Night Owl financial information that Duffy submitted to North Country in support of the loan application was similarly fraudulent.  

In early July 2020, NCFCU funded the PPP loan by depositing the $416,000 into a Night Owl Cleaning account.  Instead of using those funds for Night Owl payroll, however, Duffy used more than $390,000 to buy a house in Milton.  In connection with the PPP loan fraud, Duffy pled guilty to credit union fraud and money laundering.

The indictment accused Duffy of committing an unrelated fraud against American Express in 2017.  In April 2017, Duffy applied for and obtained an American Express credit card for Night Owl Cleaning.  Between May and August 2017, Duffy used the AMEX card to make three fraudulent purchases, totaling $125,000, from a business purportedly named Vermont Aerial.  In fact, the transactions were fraudulent transfers of AMEX funds to another company Duffy owned named Pet Stop.  Immediately after the AMEX funds were deposited into the Pet Stop account, Duffy retransferred the money to a Night Owl Cleaning account, then used those monies for his own benefit.  Among other things, Duffy purchased a truck with proceeds of the AMEX fraud.  Although the charge of wire fraud was dismissed as part of Duffy’s plea agreement, Duffy agreed to forfeit the truck, to pay full restitution to American Express, and that the fraud against AMEX would be included in the loss calculation under the Federal Sentencing Guidelines.  

Duffy’s case was the first pandemic-related fraud prosecution to be filed in Vermont federal court. This case was investigated by the Burlington office of the Federal Bureau of Investigation. 
 
Duffy is represented by Mark Kaplan, Esq. The prosecutor is Assistant U.S. Attorney Gregory Waples.

Burlington, Vermont - The United States Attorney’s Office stated that Tracy Thibodeau, 46, of Windsor, Vermont, pleaded not guilty today in United States District Court in Burlington to a charge of credit union fraud. United States Magistrate Judge Kevin J. Doyle released Thibodeau on conditions pending trial, which has not been scheduled.  

According to court records, on February 22, 2023, a federal grand jury in Rutland returned a one-count indictment charging Thibodeau, who at the time was known as Tracy Hill, with defrauding her former employer, the Vermont VA Federal Credit Union. The VVAFCU is a small credit union that has one office in White River Junction. Thibodeau began working at the credit union in 2015 and was promoted to branch manager in around 2016. The credit union offered VVAFCU VISA credit cards to members and employees.

The indictment charges that in April 2019, Thibodeau misused her authority at the bank to open a personal VVVAFCU credit card account without proper authorization from her superiors. Later in 2019, it is alleged, Thibodeau again misused her access to the credit union’s credit card processing software to grant herself, without authorization, privileged statuses on her card account. Those privileges eliminated maximum account limits; excused her from paying late fees and penalties on overdue balances; and also eliminated monthly minimum payments. Between April 2019 and February 2021, Thibodeau used her credit card to make purchases in excess of $140,000. During that period, Thibodeau made only small monthly payments toward her large account balance. The indictment further alleges that Thibodeau concealed her procurement and misuse of the credit card by manipulating internal credit card journal reports to hide from her superiors the existence of a large balance in her account. The credit union discovered the fraud in April 2022 and promptly fired Thibodeau. At that time, the outstanding balance on her account was more than $137,000. That loss has been absorbed by the credit union and its insurer.

The United States Attorney emphasizes that the charge in the indictment is merely an accusation and that Thibodeau is presumed innocent unless and until she is proven guilty. 
 
If convicted, Thibodeau faces a maximum penalty of 30 years in prison and a fine of up to $1,000,000. The actual sentence would be determined with reference to federal sentencing guidelines.  

This case was investigated by the United States Secret Service and the Hartford, Vermont Police Department.

Thibodeau is represented by Robert Katims, Esq. The prosecutor is Assistant U.S. Attorney Gregory Waples.

Burlington, Vermont - The United States Attorney’s Office, the Vermont Attorney General’s Office, and the Rutland Area NAACP will be co-hosting a Hate-Free Vermont Forum in St. Albans on March 13, 2023, from 5:30pm to 7:30pm. This forum will be the third held in an ongoing series; last year, Hate-Free Vermont Forums took place in Rutland and Bennington.

“The Forum aims to bring policymakers, stakeholders, and community members together for productive and difficult conversations that will work to reduce animus, discord, and misunderstandings,” said co-facilitator Etan Nasreddin-Longo. “Many community members have told us they do not feel comfortable reporting bias incidents to the police or feel that is not an effective option. What additional options for reporting and addressing harm and conflict already exist in your community, and what new or improved options would you like to see?”

Participants are welcome to share what they want their government officials to know about their experiences, and to ask questions of their government officials about bias and discrimination.

When: Monday, March 13, 2023, 5:30pm-7:30pm
Where: The Forum will be hosted in person and remotely.
•    Physical location: Bellows Free Academy - Cafeteria, 71 South Main Street, St. Albans, VT 05478
•    Remote registration link: https://bit.ly/HateFreeFranklinCo 
•    In-person registration link (optional): https://forms.gle/ofP9yx5vpmN2dbqT7 
Who: All are welcome.

For physical attendance, masks are requested. Registration is required for remote attendance.

Burlington, Vermont - The United States Attorney for the District of Vermont announced that three persons were arrested near Morses Line on February 19, 2023 in connection with an attempt to smuggle individuals without legal status into the United States.  Aaron Cruz-Castelazo, 32, a Mexican national who has no immigration status in the United States, and Marcos Rosas-Mendoza, 34, also a Mexican national without status here, appeared Wednesday in United States District Court in Burlington on a charge that they attempted to transport individuals without legal status within the United States.  Emmanuel Moheno-Gomez, 30, a citizen of Mexico without legal status in the United States, appeared in court yesterday on a charge that he unlawfully entered the country.  U.S. Magistrate Judge Kevin J. Doyle ordered that all three defendants be held without bail pending trial.  Two other individuals without status in the United States who were apprehended with Moheno-Gomez were released to immigration custody for removal from the United States.  

According to public court documents, in the late afternoon of February 19, law enforcement officials in Canada notified the Border Patrol in Vermont that a vehicle had dropped off three individuals just north of the border in Canada.  Believing that the individuals were planning to enter the United States on foot, Border Patrol agents responded to the area and eventually apprehended three Mexican nationals, including Moheno-Gomez.  During that investigation, agents also encountered a rental vehicle with North Carolina license plates.  An agent stopped that vehicle when it drove to the area just south of the border where the three individuals likely would have crossed into the United States.  Agents detained the driver, Cruz-Castelazo, and the passenger, Rosas-Mendoza.  Agents later determined that Rosas-Mendoza had been in cellphone communication with one of the three individuals as they walked across the border. 
 
The United States Attorney emphasizes that the charges against these defendants are merely accusations, and that the defendants are presumed innocent unless and until they are proven guilty.

As currently charged, Cruz-Castelazo and Rosas-Mendoza face up to five years of imprisonment if convicted.  The unlawful entry charge against Moheno-Gomez is a misdemeanor punishable by up to six months of imprisonment.  The actual sentences would be determined with reference to the Federal Sentencing Guidelines. 

U.S. Attorney Nikolas P. Kerest credited the agents of the United States Border Patrol for their continued efforts to prevent the exploitation of foreign nationals by human smuggling organizations. 

Rosas-Mendoza is represented by Assistant Federal Public Defender Steven Barth.  Cruz-Castelazo is represented by Robert Katims, Esq.  Moheno-Gomez is represented by John-Claude Charbonneau, Esq.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

Burlington, Vermont - The Office of the United States Attorney for the District of Vermont announced that Kenneth C. Bishop, 38, of Alburgh, Vermont appeared today before United States Magistrate Judge Kevin J. Doyle after his indictment and arrest for possession of Child Sexual Abuse Materials (CSAM).  Bishop was ordered temporarily detained pending a detention hearing scheduled for Wednesday, March 1, 2023.

According to court records, on September 29, 2022, Bishop’s cellphone was confiscated after he violated the conditions of his furlough from the custody of the Vermont Department of Corrections.  A search of that cellphone subsequently revealed that Bishop had saved CSAM videos and images in an encrypted vault application on the cellphone.   

The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Bishop remains presumed innocent until and unless he is convicted of a crime.  Bishop faces a maximum sentence of 10 years of imprisonment.  The actual sentence would be determined with reference to the United States Sentencing Guidelines.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the detectives of the Vermont Attorney General’s Office’s Criminal Division, agents of Homeland Security Investigations, and members of the Vermont Internet Crimes Against Children Task Force.  

The prosecutor is Assistant United States Attorney Jonathan A. Ophardt.  Bishop is represented by Jordana Levine, Esq. 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and Child Exploitation Obscenity Section, Criminal Division (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 .

Burlington, Vermont - The Office of the United States Attorney for the District of Vermont stated that on February 21, 2023, Tyler Orvis, 40, of Milton, Vermont, was arrested in connection with an indictment charging violations of the federal Controlled Substances Act for drug trafficking and related activity.

According to court records, between October 2022 and December 30, 2022, Orvis conspired with others to distribute cocaine and fentanyl in Vermont.  On December 29, 2022, the Milton Police Department and the Drug Enforcement Administration executed a state search warrant at Orvis’ residence in Milton, Vermont.  Inside of the house, investigators found thousands of glassine bags intended for the packaging of controlled substances, and various additional items used to manufacture and distribute controlled substances.

The case is being investigated by the Drug Enforcement Administration, Milton Police Department, Lamoille County Sheriff’s Office, Chittenden County State’s Attorney’s Office, and the Essex Police Department.

The defendant made his initial appearance on February 23, 2023, before U.S. Magistrate Judge Kevin J. Doyle, and is being held in the custody of the U.S. Marshals Service pending further proceedings.

If convicted, Orvis faces up to twenty years of imprisonment on each charge.  The actual sentence, however, would be determined by the District Court with guidance from the advisory Federal Sentencing Guidelines.  The United States Attorney emphasizes that the charges contained in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty.

The United States is represented in this matter by Assistant U.S. Attorney Zachary B. Stendig.  Tyler Orvis is represented by Mark Kaplan, Esq.