District of Vermont

The Office of the United States Attorney for the District of Vermont announced today that Daniel Ruiz, 34, of Springfield, Massachusetts, and Joel Ivan Caquias Aviles, 21, of Lebanon, Pennsylvania, were arrested Wednesday evening and charged yesterday by criminal complaint with Conspiracy to Distribute Controlled Substances.  Both men are scheduled to appear before United States Magistrate Judge Kevin J. Doyle this afternoon.   

According to court records, numerous federal, state, and local law enforcement agencies assisted in a Rutland City Police Department operation targeting drug trafficking that has been occurring at the Highlander Motel in Rutland, Vermont.  Surveillance and interdiction efforts provided probable cause to search three rooms at the motel.  When officers executed the search warrant on Room 15 of the Motel, Daniel Ruiz fled out the motel window.  Ruiz was subsequently apprehended and found in possession of $1,700.  Joel Ivan Caquias Aviles was detained in Room 15.  During the search of the room, officers located approximately 37 grams of suspected cocaine base, 168 bags of suspected heroin, over $5,000, and a Glock 9-millimeter handgun.  The investigation revealed that Ruiz and Caquias Aviles were using a juvenile to assist in their distribution of drugs to customers.

The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that Ruiz and Caquias Aviles are presumed innocent until and unless convicted of a crime.  

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, the 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, and the Vermont Department of Corrections.  

The prosecutor is Assistant United States Attorney Jonathan Ophardt.  Ruiz is represented by the Federal Public Defender.  Caquias Aviles is represented by Devin McLaughlin, Esq.

This case is being 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

The Office of the United States Attorney for the District of Vermont stated that on March 22, 2022, Eike Blohm, 39, of South Burlington, Vermont, was sentenced in United States District Court in Burlington, Vermont, to serve 100 months of imprisonment following his guilty plea to one count of possession of child pornography.  U.S. District Judge Christina Reiss also ordered Blohm to serve a 12-year term of supervised release, to pay restitution to identified victims, and to pay a special assessment of $100.  Blohm’s federal sentence of 100 months will run concurrently with the 80-to-82-month sentence of imprisonment Blohm received in Vermont state court as a result of his guilty pleas to lewd and lascivious conduct and voyeurism. 

According to court records and proceedings, an employee at the University of Vermont Medical Center (UVM MC) discovered a camera hidden in a unisex employee bathroom in the Emergency Department.  Investigators with the Chittenden Unit for Special Investigations (CUSI) recovered the camera and discovered approximately 1,300 videos on the camera. Approximately 900 videos depicted hospital employees in at least two bathrooms at UVM MC.  Thereafter, CUSI investigators obtained a warrant to search Blohm’s residence in South Burlington, Vermont.  Investigators seized numerous digital devices during that residential search.  A search of the digital devices revealed the presence of child pornography, some of which depicted children under the age of twelve years old and sadistic and masochistic abuse against children.

U.S. Attorney Nikolas Kerest commended the investigative efforts of the Chittenden Unit for Special Investigations, Homeland Security Investigations, and the Vermont Internet Crimes Against Children Task Force.  

Assistant U.S. Attorney Barbara A. Masterson handled the prosecution.  Lisa B. Shelkrot of Langrock Sperry & Wool, LLP, represented Blohm.  

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 on March 21, 2022, Malik Pratt, 24, of Burlington, Vermont was arrested and appeared in United States District Court in Burlington, Vermont for his initial appearance following the filing of a complaint which alleges that he robbed People’s United Bank in Burlington, Vermont on March 1, 2022.

According to the complaint, Burlington Police Department officers were dispatched to the People’s United Bank on North Avenue in Burlington, Vermont on March 1, 2022 at 10:06 a.m. following reports of a bank robber. Also, according to the complaint, bank employees stated that the robber threatened to shoot them and demanded cash. After acquiring cash, the robber fled the bank on foot, jumping over a fence near Ethan Allan Parkway to escape. The bank reported a total of $1,316 in U.S. currency stolen.

The criminal complaint lodged against Pratt contains accusations only, and the defendant is presumed innocent until and unless proven guilty. The defendant is scheduled to appear in U.S. District Court in Burlington for a detention hearing on March 23, 2022. The charged offense carries a maximum penalty of 20 years. Any actual sentence will be determined with reference to the Federal Sentencing Guidelines.

The Burlington Police Department and United States Bureau of Alcohol, Tobacco, Firearms and Explosives are jointly investigating the crime. Pratt is represented by Richard R. Goldsborough, Esq. The prosecutor is Assistant United States Attorney Paul Van de Graaf.

U.S. Attorney Nikolas P. Kerest commended the efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Burlington Police Department in their collaborative investigation of Pratt.

This case is being 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

The Office of the United States Attorney for the District of Vermont stated that Darren Johnson, aka “Buck,” 40, of St. Albans, Vermont, was sentenced today to serve 18 months in prison after his conviction for distribution of cocaine base.  Chief United States District Judge Geoffrey Crawford also ordered Johnson to serve a three-year term of supervised release after his incarceration.  Johnson may face additional incarceration for a probation violation that is pending in Dorchester, Massachusetts.  

According to court records, Johnson sold fentanyl-laced heroin and cocaine base to confidential informants in late 2019 and early 2020.  Burlington Police arrested Johnson on March 20, 2020, seizing over $5,000 in cash and drug trafficking paraphernalia.  Johnson was cited to appear in Chittenden County Superior Court but failed to appear, resulting in the issuance of an arrest warrant.  On July 18, 2021, a Franklin County Sheriff’s Deputy conducted a traffic stop of a vehicle that was in the wrong lane of a road in St. Albans.  Johnson was a passenger in the vehicle and was arrested due to his failure to appear.  A search of Johnson’s person resulted in the seizure of over $8,000 in cash.  A consent search of the vehicle resulted in the seizure of cocaine base and a Glock Model 45 9mm firearm.  The investigation by the Franklin County Sheriff’s Department determined that Johnson had obtained the firearm from one of his drug customers.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of both the Burlington Police Department and Franklin County Sheriff’s Office, as well as the assistance of the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.    

Assistant United States Attorney Jonathan A. Ophardt handled the prosecution.  Johnson was represented by Assistant Federal Public Defender Sara Puls, Esq.

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 works 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.  For more information, please visit https://www.justice.gov/psn.

The Office of the United States Attorney for the District of Vermont stated that Chief United States District Judge Geoffrey Crawford today sentenced Georges Yaghmour, 40, of Quebec, to a 63-month period of incarceration upon Yaghmour’s conviction by guilty plea of conspiring to distribute and to possess with intent to distribute more than 500 grams of cocaine.  

According to court records, in late 2019 Yaghmour travelled from Canada to a Burlington, Vermont, hotel where he and others met with an undercover DEA agent posing as a drug courier offering to bring cocaine from South America to Canada, through Vermont.  Court records state that during this meeting Yaghmour stated that he and his partners were prepared to pay one million dollars in exchange for the delivery of 500 kilograms of cocaine.  Eventually, other members of the conspiracy delivered more than $570,000 in partial payment for the DEA’s undercover delivery services, and DEA seized more than 300 kilograms of cocaine after it was delivered in South America for transport to Vermont.  

An April 6, 2021 court filing contains the following photo of some of the cocaine that had been seized as part of this investigation:

On two occasions DEA arrested persons dispatched to pick up some of the cocaine on behalf of the Canadian purchasers, once in Vermont and once in Massachusetts.  Court records show that after one courier failed to deliver the cocaine he was expected to retrieve, other members of the conspiracy kidnapped the courier’s grandparents and held them for ransom that included the quantity of cocaine they were expecting.  

United States Attorney Nikolas P. Kerest commended the outstanding work of the agents and analysts supporting this investigation from the United States Border Patrol, and the Vermont and South American offices of the Drug Enforcement Administration, as well as the office of Homeland Security Investigations in Rouses Point, New York.  

This investigation was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF seeks to identify, disrupt, and dismantle the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Yaghmour is represented by Michael Cohen, Esq., of Miami.  The prosecutor is Assistant United States Attorney Michael P. Drescher. 

The Office of the United States Attorney for the District of Vermont stated that Cole Hess, 34, of Morrisville, Vermont, was sentenced today to serve 87 months in prison for distribution of a modified depiction of child pornography.  United States District Judge Christina Reiss also ordered Hess to serve a 15-year term of supervised release after his incarceration.

According to court records and proceedings, the National Center for Missing and Exploited Children (NCMEC) received a report from a social media company that a user “IncestKyle” had uploaded child pornography to their platform.  The images included children under the age of five engaged in sex acts with adults.  NCMEC referred the report to the Vermont Internet Crimes Against Children Task Force (ICAC) because the IP addresses associated with the activity indicated the user “IncestKyle” was likely in Lamoille County, Vermont.  

ICAC investigators determined the IP address information was associated with various businesses, including a laundromat and a fast-food restaurant in Lamoille County, and that the cell phone utilized to access an email account linked with the social media profile “IncestKyle” had been purchased with defendant Hess’ debit card.  Bank records from Hess’ debit card showed purchases by Hess at the laundromat and fast-food restaurant around the times of the uploads of child pornography.  ICAC investigators also linked photographs from the social media platform to Hess’ former residence in Johnson, Vermont.  Hess subsequently admitted to using the social media account and having altered at least one of the images he distributed.  At the time of the criminal conduct for which Hess was sentenced today, Hess was subject to probationary supervision for a prior conviction for Possession of Child Pornography in Vermont Superior Court and faces additional proceedings involving his violations of probation.

United States Attorney Nikolas P. Kerest commended the coordinated investigatory efforts of the Vermont Internet Crimes Against Children Task Force, the Department of Homeland Security’s Homeland Security Investigations, and the Office of the Vermont Attorney General in this matter.  

Assistant United States Attorney Jonathan A. Ophardt handled the prosecution.  Hess was represented by Assistant Federal Public Defender Steven Barth, 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.

The United States Attorney for the District of Vermont announced that Melvin Hill, 42, of the state of Georgia, appeared yesterday in United States District Court in Burlington on a criminal complaint charging him with distributing fentanyl.  U.S. Magistrate Judge Kevin Doyle ordered that Hill be detained without bail pending trial, which has not been scheduled.

According to court records, in January 2022, a confidential source told law enforcement that it could buy narcotics from Hill.  In February and March, this source made two controlled purchases of fentanyl from Hill in transactions that were recorded.  Officers learned that Hill was staying at the Doubletree Hotel in South Burlington.  They obtained a state court warrant to search Hill’s hotel room and the car he had been driving.  Officers arrested Hill on March 10 and recovered a loaded pistol and crack cocaine from his person.  In his car and hotel room, officers seized hundreds of folds of heroin, hundreds of pills containing fentanyl, powder cocaine, and methamphetamine.  They also found around $13,000 in cash.    

The United States Attorney emphasizes that the charges in the complaint are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty.

If convicted, Hill faces up to 20 years of imprisonment 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 Drug Enforcement Administration and the Burlington Police Department.

Hill is represented by the office of the Federal Public Defender.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

The Office of the United States Attorney for the District of Vermont stated that Misti-Lyn Morin, 42, of Swanton, Vermont, has been charged by criminal complaint in the United States District Court for the District of Vermont with being an unlawful user of a controlled substance who possessed firearms. 

According to the complaint, Morin is addicted to cocaine base and, on February 1 and 2, 2022, possessed an Anderson Manufacturing rifle and a Beretta handgun at her River Street residence in violation of federal law.  According to court filings, Morin has also admitted that cocaine base was being sold from her home in Swanton.

Court records indicate Morin was arrested on March 11.  She had her initial appearance before United States Magistrate Judge Kevin J. Doyle this afternoon.  Morin was ordered detained until a hearing on Thursday, March 17, during which the Court will consider the government’s motion for Morin to be detained pending trial.

The case is being investigated by the Vermont State Police. 

Morin is represented by Karen Shingler, Esq., of Burlington.  The prosecutor is Assistant United States Attorney Michael P. Drescher.

This case is being 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.  See https://www.justice.gov/psn

The Office of the United States Attorney for the District of Vermont announced today that David Tom, 37, and Tiffany Fisk, 32, who are married and both of Barre, Vermont, were arrested yesterday.  A federal grand jury had previously charged Tom with unlawfully possessing a firearm as a convicted felon.  The same grand jury returned an indictment alleging Fisk had distributed controlled substances on multiple occasions.  The United States has requested that both Tom and Fisk remain detained pending trial.

According to court records, Tom and Fisk were both in a vehicle that was stopped by Vermont State Police on January 28, 2022, in Barre.  The stop occurred because of a suspected invalid registration and an inoperable taillight.  At the time of the stop, both Fisk and Tom appeared to be under the influence of a stimulant.  A K9 alerted on the vehicle, and officers observed drug paraphernalia in the vehicle.  During a subsequent search, a small backpack was located in the rear of the vehicle near where Tom had been seated.  A Hi Point .380 ACP semi-automatic handgun was inside the backpack.  Also, drug paraphernalia for smoking cocaine base was in the same backpack.  At the time of the traffic stop, Tom was subject to conditions of release in multiple pending State of Vermont criminal matters and was subject to a 24-hour curfew.

The grand jury’s indictment in Fisk’s case alleges she distributed fentanyl on two occasions in October of 2021 and distributed cocaine base on January 25, 2022.

The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Fisk and Tom remain presumed innocent until and unless convicted of a crime.  Tom faces a maximum sentence of 10 years of imprisonment.  Fisk faces a maximum sentence of 20 years of imprisonment.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Vermont State Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Montpelier Police Department.  He also thanked the Washington County Sheriff’s Office for their vital assistance in apprehending both Tom and Fisk.

The prosecutor is Assistant United States Attorney Jonathan Ophardt.  Tom is represented by the Office of the Federal Public Defender. Fisk is represented by John Mabie, Esq.

This case is being 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.  See https://www.justice.gov/psn

The Office of the United States Attorney for the District of Vermont stated Jashawn Hunter, 34, of Hartford, Connecticut, was indicted on Thursday, February 24 by a federal grand jury with two charges of unlawful possession of firearms and one charge of possessing narcotics with intent to distribute them.  Hunter is currently detained on related state charges.  He has not yet been scheduled to appear in federal court.  The government has moved for Hunter’s continued detention pending trial.

According to court records, Hunter was arrested following an investigation into a brutal beating that occurred in St. Johnsbury in September 2021.  Hunter had been staying at the victim’s residence to conduct drug trafficking activities.  When Hunter learned that the victim no longer wanted Hunter to stay there, Hunter beat the victim with a revolver and with his fists.  The victim, who suffered a fractured cheekbone and received stitches for his injuries, ultimately escaped out a bathroom window.  Approximately a week later, law enforcement located Hunter, who threw a bag he had been carrying before he was apprehended.  Within the bag were approximately 4.7 grams of fentanyl, approximately 32 grams of cocaine base, a scale, and a Smith and Wesson .45 caliber handgun.  Law enforcement also recovered the gun Hunter is believed to have used in the beating: a Smith and Wesson .38 caliber revolver.  Hunter is prohibited from possessing firearms due to his criminal history.

The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Hunter remains presumed innocent until and unless he is convicted of a crime.  If convicted, Hunter faces up to 20 years imprisonment on the drug trafficking count and up to 10 years imprisonment on each firearms count.  Any actual sentence would be determined by the Court with reference to the advisory Federal Sentencing Guidelines and the United States Code.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Vermont State Police and St. Johnsbury Police Department and collaboration with the Caledonia County State’s Attorney’s Office in this matter.  “The United States Attorney’s Office remains focused on apprehending violent criminals and keeping our communities safe.  We will continue to collaborate with our local, state, and federal law enforcement partners to both address potential violence before it occurs and to hold individuals accountable for criminal conduct with firearms.”

The United States is represented in this matter by Assistant U.S. Attorneys Eugenia A.P. Cowles and Nicole P. Cate.  Attorney information for defendant Hunter is not yet available.

This case is being 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. See https://www.justice.gov/psn

The Office of the United States Attorney for the District of Vermont stated that yesterday the Grand Jury in Burlington returned indictments charging Jesse Sweet, 26, and Eric Raymond, 31, both of Swanton, with unlawful possession of firearms.  The investigation is being led by Vermont State Police, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, as well as the Swanton Police Department and the Franklin County Sheriff’s Department.  

Sweet is charged with possessing a Ruger .308 rifle while he was an unlawful user of controlled substances and after having been convicted of a misdemeanor crime of domestic violence.  Court records explain that in or about December 2021, Sweet traded a snowmobile for that rifle.  

Raymond is charged with possession of an Anderson Manufacturing AM-15 rifle after having been convicted of a crime punishable by a term of imprisonment exceeding one year.  Court records explain that on February 2, 2022, police observed Raymond driving an ATV toward the back portions of his Swanton residence.  Police followed those tracks, which led to footprints, which led to the firearm below an abandoned vehicle.

The indictments are accusations only, and both men are presumed innocent until and unless they are convicted beyond a reasonable doubt. 

Both men were arrested last Friday, February 11.  United States Magistrate Judge Kevin J. Doyle has ordered that both men be detained pending trial.

Sweet and Raymond are scheduled to be arraigned on the indictments next Friday, February 25.  Sweet is represented by Steven Barth of the Federal Public Defender’s office.  Raymond is represented by Robert Behrens.  Assistant United States Attorney Michael Drescher is the prosecutor.  

These cases are being 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

BUFFALO, N.Y. – U.S. Attorneys Trini E. Ross, of the Western District of New York, and Nikolas Kerest, of the District of Vermont, announced today that Lisa Miller, 53, formerly of Virginia, pleaded guilty before U.S. District Judge Richard J. Arcara to international parental kidnapping, which carries a maximum penalty of three years in prison and a $250,000 fine.

Defendant Miller was in a civil union with Janet Jenkins under Vermont law. Miller was artificially inseminated during the civil union and had a child, IMJ. In 2003, Miller sought termination of the civil union and disputes arose regarding Miller’s and Jenkins' parental rights of IMJ. Miller disputed those parental rights in both Virginia and Vermont courts. Prior to September 2009, Jenkins had been awarded parental rights in Vermont. In early September 2009, the Vermont family court, which had jurisdiction over the dispute regarding the parental rights of IMJ, ordered that Janet Jenkins was entitled to an unsupervised parental visit with IMJ on the weekend of September 25, 2009. Miller was aware of the court ordered visit but did not want to allow unsupervised visitation for that weekend. In the early morning of September 22, 2009, Miller removed IMJ from the United States to Canada via Buffalo, NY, and eventually to Nicaragua, with the intention to take IMJ out of the country in order to obstruct Jenkins' court ordered parental rights. Miller remained out of the country until she voluntarily returned to the United States in January 2021, after IMJ had reached 18 years of age.

Three other defendants were charged and convicted for their roles in this case. Philip Zodhiates was charged in the Western District of New York and convicted following a jury trial of international parental kidnapping and conspiracy to commit international parental kidnapping and sentenced to serve 36 months in prison. Zodhiates organized the kidnapping of IMJ. He also assisted in the recruitment of Mennonite Pastor Kenneth Miller, who was convicted following a jury trial of international parental kidnapping in the District of Vermont and sentenced to serve 27 months in prison. Timothy Miller was also charged, convicted, and sentenced to time served (eight months) for his role in assisting Lisa Miller. He purchased a one-way plane ticket for Lisa Miller and IMJ to travel from Toronto, Ontario to Nicaragua. Upon their arrival in Nicaragua, Timothy Miller assisted Lisa Miller and IMJ financially including providing them with shelter.

The plea is the culmination of an investigation by the Vermont Office of the U.S. Marshal’s Service, under the direction of Marshal Bradley Larose; and the Vermont Office of the Federal Bureau of Investigation, under the direction of Janeen DiGuiseppi, Special Agent-in-Charge. Assistant U.S. Attorneys Michael DiGiacomo and Paul Van de Graaf are handling the case.

Sentencing is scheduled for June 9, 2022, before Judge Arcara.
 

The Office of the United States Attorney for the District of Vermont stated two individuals were arrested on February 15, 2022, in Westfield, Vermont on federal charges relating to the distribution of controlled substances.  Federal arrest warrants had been issued for their arrests in conjunction with a criminal complaint filed in federal court on February 10, 2022, alleging that Rachael Goulet (age 27), Johnny Crocker (age 25), and an unidentified individual using the street name “Danger” had conspired with one another and others to distribute controlled substances—including cocaine, cocaine base (“crack”), and fentanyl—in the District of Vermont between the end of December 2021 and the filing of the complaint. Goulet and Crocker are expected to appear in U.S. District Court in Burlington before Magistrate Judge Kevin J. Doyle for an initial hearing on the complaint this afternoon or tomorrow. 

The following factual allegations are contained in the criminal complaint filed in the case.  Goulet and Crocker possessed and distributed controlled substances from their shared residence in Westfield. Goulet and Crocker also hosted individuals from outside of Vermont at their residence for purposes of obtaining and distributing controlled substances. “Danger” was one such individual who lived in their residence and distributed large amounts of drugs while collecting the proceeds from the distributions. The defendants worked together to bring cocaine and fentanyl into Vermont and then process and distribute it in Orleans County for a profit or to support their own consumption. Many of the defendants’ drug-distribution activities involved communications over social media or smartphone applications. During the period of the conspiracy, an individual with whom Goulet and Crocker were acquainted was shot and seriously wounded in Holland, Vermont on January 1, 2022; the individual’s mother was present and was also wounded in the incident. A suspect has been charged by the Orleans County State’s Attorney in connection with that shooting, and he is presently in custody in Connecticut on an unrelated charge.

The United States Attorney emphasizes that the charge in the complaint is a preliminary accusation only and that each defendant is presumed innocent unless and until proven guilty. If convicted of this offense, Goulet and Crocker would each face a maximum sentence of 20 years’ imprisonment and up to a $1 million fine. Any actual sentence for each defendant, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines and the United States Code. 

The charge in this complaint follows an investigation conducted by multiple state and federal agencies that was led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). During the investigation, law enforcement conducted controlled purchases of narcotics from, and investigated the purchase and attempted purchase of multiple firearms by, the defendants and their associates. ATF was assisted in this investigation by the Vermont Drug Task Force, detectives and troopers from the Vermont State Police, members of the Orleans County Sheriff’s Department, officers with the Newport Police Department, agents and task force officers with Homeland Security Investigations (HSI), United States Border Patrol, the Drug Enforcement Administration (DEA), and aviators with the Air & Marine Operations (AMO) component of United States Customs & Border Protection.

United States Attorney Nikolas P. Kerest commended law enforcement’s collaborative investigatory efforts in this matter. 

The United States is represented in this matter by Assistant U.S. Attorney Matthew Lasher. Attorney information for the defendants is not yet available.

This case is being 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.  See https://www.justice.gov/psn.
 

The Office of the United States Attorney for the District of Vermont stated that Justin Orwat, 51, of Springfield, Massachusetts, was sentenced today in federal court to a prison term of 90 months upon his conviction for illegally possessing the .45 caliber handgun and ammunition that he used to kill Amanda Sanderson and Steven Lovely on October 27, 2017, in Townshend, Vermont.  United States District Judge William K. Sessions III specified the 90-month federal sentence is to be served consecutively to the 179- to 180-month sentence imposed on December 10, 2021, in Windham Superior Court upon Orwat’s state conviction for manslaughter.  Court papers indicate that Orwat will serve the state sentence and then the federal sentence.  Together, the state and federal sentences combine for a prison sentence of twenty-two and a half years.  At the conclusion of the federal sentence, Orwat will be subject to three years of federal supervised release.  

United States Attorney Nikolas P. Kerest stated, “Today’s sentencing brings to a close the prosecution of Justin Orwat for the homicide of Amanda Sanderson and Steven Lovely.  Based on the imposition of consecutive state and federal sentences, Justin Orwat will be removed from society until he is an old man.  I commend the work of the Windham County State’s Attorney for leading this prosecution and am glad that we could assist our state partners in bringing Orwat to justice.  Working collaboratively with our local, state, and federal law enforcement partners to address violent crime, and particularly gun violence, in our community is a top priority for the U.S. Attorney’s Office.”

Windham County State’s Attorney Tracy Kelly Shriver stated, “The State of Vermont endeavored to obtain the best possible outcome on behalf of the victims of this crime.  With the assistance of the Office of the United States Attorney for the District of Vermont, we negotiated a resolution in which the defendant accepted responsibility for his actions and received a sentence commensurate with the seriousness of his offenses.”

The crimes were investigated by the Vermont State Police, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  

Orwat was represented by Dan Sedon, Esq., of Chelsea, Vermont.  Deputy State’s Attorney Steven Brown prosecuted the homicide in Windham Superior Court.  Assistant United States Attorney Michael Drescher prosecuted the federal offense.  

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.

The Office of the United States Attorney for the District of Vermont stated that on February 1, 2022, Wayne Bailey, 68, of Swanton and Louis Bates, 49, of St. Albans were charged by criminal complaint with abandoning a junk boat and setting it adrift in the Missisquoi River on the Missisquoi National Wildlife Refuge. Specifically, they are charged with abandoning and discarding personal property and dumping garbage, debris, and refuse on a National Wildlife Refuge. 

The charges are Class A misdemeanors and carry a maximum penalty of one year in prison and a $100,000 fine. Any actual sentences will be determined with reference to the Federal Sentencing Guidelines. The criminal complaint lodged against Bailey and Bates contains accusations only, and the defendants are presumed innocent until and unless proven guilty. Both defendants are scheduled to appear in U.S. District Court in Burlington for an initial appearance on February 15, 2022.

According to the allegations contained in the criminal complaint affidavit, in the early summer of 2021, Wayne Bailey purchased a 19 ½ foot long boat for $150. The boat was manufactured by Bayliner in 1989. After purchasing the boat, Bailey stripped the engine out of the boat and sold the engine. Rather than paying to dispose of the boat properly, Bailey devised a plan to set the boat adrift in the Missisquoi River. Bailey, however, did not have a tow hitch on his vehicle so he recruited Bates to use Bates’s truck to tow the boat to the Missisquoi River. 

The government alleges that, after dark on the evening of July 15, 2021, Bates towed the boat to Louie’s Landing boat ramp on the Missisquoi National Wildlife Refuge, and Bailey followed in his own vehicle. Bates then backed the boat trailer into the river, and Bailey unhooked the boat and set it adrift. The next day United States Fish and Wildlife (FWS) personnel discovered the boat. The engine was gone, but the gas tank contained 4 ½ gallons of gas. The FWS incurred about $1,084 in costs for the proper disposal of the boat and associated administrative costs.
  
U.S. Attorney Nikolas P. Kerest stated that the U.S. Attorney’s Office is committed to vigorously enforcing our federal environmental laws, which protect and preserve our public lands and waterways for all to enjoy. Enforcement is particularly important when the evidence establishes a callous disrespect for the Vermont environment. 

This case was investigated by the U.S. Fish and Wildlife Service and is being prosecuted by Assistant U.S. Attorney Joseph Perella. Defense counsel have not yet entered an appearance.

The Office of the United States Attorney for the District of Vermont stated that on January 31, 2022, Tirrell Adams, 36, of Hartford, Connecticut, was sentenced in United States District Court to serve 37 months in prison after his guilty plea to one count of possession with intent to distribute cocaine base and fentanyl.  U.S. District Judge William K. Sessions III also ordered Adams to serve a three (3) year term of supervised release and to pay a $100 special assessment.  

According to court records and proceedings, Adams agreed to meet with an undercover special agent from the Bureau of Alcohol, Tobacco, Firearms & Explosives so Adams could sell to the undercover special agent cocaine base and fentanyl for $5,500.  On May 10, 2021, when Adams showed up at the meet location in Northfield, Vermont he was taken into custody.  Law enforcement searched Adams incident to arrest and discovered what was later determined to be 90.9 grams of cocaine base and 16.6 grams of fentanyl. 

U.S. Attorney Nikolas P. Kerest commended the efforts of the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Rutland Police Department, the Drug Enforcement Administration, and the Vermont Drug Task Force in the collaborative investigation and prosecution of Adams.  

Assistant U.S. Attorney Barbara A. Masterson handled the prosecution of Adams.  Assistant Federal Public Defender Steven L. Barth represented Adams.

The United States Attorney for the District of Vermont announced that Paul Hendler, 49, of Burlington, pleaded not guilty today in United States District Court in Burlington to federal forgery and false statement charges.  U.S. Magistrate Judge Kevin J. Doyle released Hendler on conditions pending trial, which has not been scheduled.

In 2011, the U.S. Attorney’s Office first charged Hendler in a wide-ranging fraud indictment that accused Hendler of committing a variety of frauds against individuals and businesses.   Hendler eventually pleaded guilty to wire fraud and money laundering and in 2015 was sent to prison.  The court also ordered Hendler to pay restitution to multiple victims in a total amount of about $555,000.   When Hendler got out of prison, he began a three-year term of supervised release.  As a condition of supervised release, the court ordered Hendler to pay 10% of his gross monthly income toward his restitution obligation.  Hendler’s release was supervised by the U.S. Probation Office in Vermont, and Hendler was required to submit monthly supervision reports to the Probation Office that included disclosures about monthly earnings and other cash inflows.  

On January 27, 2022, a federal grand jury in Burlington returned a two-count indictment that charged Hendler with forgery and making false statements.  According to the indictment, between 2019 and January 2021, Hendler performed some consulting and other work for a business that operated two restaurants in South Hero.  Also according to the indictment, in 2020, Hendler took possession of the company’s check book.  Between 2019 and January 2021, the indictment alleges, Hendler embezzled tens of thousands of dollars from the business by stealing cash receipts generated by the restaurants, forging the business owner’s signature on checks Hendler made out to himself, and by fraudulently inducing the owner to give him blank checks, signed by her, which Hendler then made payable to himself.  

The second count of the indictment accuses Hendler of making materially false statements to the U.S. Probation Office in his monthly supervision reports.  According to the indictment, the reports Hendler filled out and gave to Probation significantly underreported the amount of money Hendler was receiving from the South Hero restaurant business.  

The U.S. Attorney emphasizes that the charges in the indictment are merely accusations and that Hendler is presumed innocent unless and until he is proven guilty.

If convicted, Hendler faces up to ten years of imprisonment on the forgery charge, up to five years of imprisonment on the false statement charge, and a fine of up to $250,000 for each offense.  The actual sentence would be determined with reference to federal sentencing guidelines. The United States is also seeking forfeiture of money or property that Hendler obtained from the alleged forgery.  

This case was investigated by the Boston Office of the U.S. Treasury Department’s Office of the Inspector General for Tax Administration.

Hendler was represented at today’s hearing by the Office of the Federal Public Defender.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

The Office of the United States Attorney for the District of Vermont stated that Quenton Dodson, 33, of South Burlington, Vermont, has been charged by criminal complaint in federal court with one count of distribution of methamphetamine.  

Court records show that Dodson has been the subject of an ongoing investigation conducted by the Burlington Police Department.  When he was arrested on Friday within his Farrell Street apartment in South Burlington, police found more than $10,000 in cash, some of which was used to purchase methamphetamine from a person working with police.  Police also found additional quantities of suspected methamphetamine, crack cocaine, fentanyl, and other paraphernalia.  Police also found a loaded 40 caliber handgun.  Dodson was initially charged with state offenses, and at his arraignment in Chittenden Superior Court on Tuesday, Dodson was ordered released on conditions.  

Federal charges were filed against Dodson on Tuesday, and he had his initial appearance in federal court before United States Magistrate Judge Kevin J. Doyle this afternoon.  Judge Doyle granted the United States’ motion asking that Dodson be detained, and ordered that Dodson remain in the custody of the United States Marshal’s Service.  The next hearing in this case is scheduled for January 31, 2022.  

“For Burlington, this was a significant narcotics seizure,” said acting Burlington Chief of Police Jon Murad. “Detectives from the Burlington Police Department and federal partners did excellent work building this case and making this arrest. When the court decided to release Mr. Dodson on conditions, we were gratified that our partners at the DEA, ATF, and U.S. Attorney’s office were able to step in with federal charges.”

The complaint is an accusation only and the defendant is presumed innocent until and unless proven guilty.  If convicted of the offense charged in the complaint, Dodson would face a maximum possible prison sentence of 20 years.

The Burlington Police Department was assisted by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Drug Enforcement Administration.  

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Burlington Police Department and the collaboration with the United States Bureau of Alcohol, Tobacco, Firearms and Explosives and the United States Drug Enforcement Administration.

Dodson is represented by Assistant Federal Public Defender Steven Barth.  The prosecutor is Assistant United States Attorney Michael Drescher.

The United States Attorney for the District of Vermont announced that Todd Bussino, 38, of Mt. Holly, was sentenced today in United States District Court in Burlington to 53 months’ imprisonment following his guilty plea to a charge that he robbed a Rutland-area convenience store with a knife last March.  U.S. District Judge Christina Reiss ordered that Bussino serve three years of supervised release following completion of his prison term and pay restitution in the amount of $1367.  Bussino has been held without bail since he first appeared in federal court last May.

According to court records, federal, state and local law enforcement officials in the Rutland area investigated a series of robberies that took place between early November 2020 and April 2021 in Rutland and surrounding towns.  In each of the robberies, a single male entered the store, waited until other customers had left and then demanded money from the clerk.  In almost all the incidents, the robber brandished a knife.  Bussino was arrested after the ninth such robbery, on March 7, 2021 but released on bail.  He was rearrested after a tenth, attempted robbery on April 13, 2021.  On April 21, a federal grand jury in Rutland charged Bussino with four of those robberies.  Bussino pled guilty to the March 7 robbery in September.  

United States Attorney Nikolas Kerest commended the investigative efforts of the Federal Bureau of Investigation, the Rutland Police Department, the Vermont State Police, and the Rutland County Sheriff’s Department.  “All Vermonters should be able to feel safe visiting and working in commercial establishments such as convenience stores.  The U.S. Attorney’s Office is committed to continuing to partner with our local, state, and federal law enforcement colleagues to prosecute those who commit armed robberies affecting commerce.”  

Bussino is represented by Assistant Federal Defender Steven Barth.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

The Office of the United States Attorney for the District of Vermont announced today that Samuel Colby, 39, of Springfield, Vermont was arrested Friday evening for the January 8, 2022 robbery of the 802 Credit Union in Springfield, Vermont.  A criminal complaint was filed today in United States District Court, and Colby is expected to have his initial appearance this afternoon.  The United States has requested that Colby remain detained pending trial.

According to court records, Colby was the suspect in a string of five robberies that occurred in Springfield and Westminster between January 6, 2022 and January 14, 2022, including the robbery of the 802 Credit Union.  These robberies were reported by victims as involving a firearm or threat of a firearm.  A search of Colby’s vehicle on January 14, 2022 resulted in the seizure of a BB gun that looks similar to a semi-automatic pistol.  During a search of Colby’s residence on the same date, law enforcement found a scrap of paper that appears to match the paper used for a demand note presented by the suspect at the 802 Credit Union robbery.  

The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that Colby remains presumed innocent until and unless he is convicted of a crime.  Colby faces a maximum sentence of 20 years of imprisonment on the bank robbery charge.

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

The prosecutor is Assistant United States Attorney Jonathan Ophardt.  Colby is represented by the Office of the Federal Public Defender.

The United States Attorney for the District of Vermont announced that Matthew Morgan, 52, and Ruebin Beard, 52, both of Burlington, have been sentenced in United States District Court in Burlington following their guilty pleas to a charge of bank larceny.  Today, U.S. District Judge Christina Reiss sentenced Beard to 14 months of imprisonment to be followed by three years of supervised release.  This past November, Judge Reiss sentenced Morgan to 20 months of imprisonment, followed by three years of supervised release.  The court ordered both defendants to pay restitution totaling $27,300 and that Morgan forfeit a Jeep vehicle.  Both defendants are currently incarcerated.  

In March 2021, a federal grand jury in Burlington returned a two-count superseding indictment charging Morgan and Beard with conspiracy and with stealing money and property worth more than $1000 from Citizens Bank, a federally-insured financial institution.  The charges stem from the theft of an ATM machine from the UVM campus in September 2020.  At the time of the theft, the ATM machine contained about $23,000 in cash.  The indictment also sought to forfeit a 2011 Jeep Patriot automobile, which Morgan bought with proceeds of the ATM theft.  Both defendants pleaded guilty to the bank larceny count.

This case was investigated by the University of Vermont Police Department and the Federal Bureau of Investigation.

Morgan is represented by Assistant Federal Defender Stephen Barth, and Beard by Lisa Shelkrot.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

The Office of the United States Attorney for the District of Vermont stated that on January 11, 2022, Tahj McCormick, 25, of Springfield, Massachusetts, was sentenced in United States District Court in Burlington, Vermont, to serve 60 months in prison after his guilty plea to one count of being a previously convicted felon found in possession of a firearm.  U.S. District Judge Christina Reiss also ordered McCormick to serve a three (3) year term of supervised release and to pay a $100 special assessment.  

According to court records and proceedings, on February 19, 2021, McCormick met with an undercover special agent from the Bureau of Alcohol, Tobacco, Firearms & Explosives so McCormick could buy two guns from the undercover special agent.  McCormick paid $700 for the two guns at the meeting, and was taken into custody when he took possession of them.  When McCormick was searched incident to arrest, law enforcement discovered him to be in possession of another handgun.  At the time of his arrest, McCormick had previously been convicted of a crime punishable by a term of imprisonment of greater than one year. 

U.S. Attorney Nikolas P. Kerest commended the efforts of the Bureau of Alcohol, Tobacco, Firearms & Explosives in the investigation and prosecution of McCormick.  U.S. Attorney Kerest also thanked the Vermont State Police, the Springfield, Massachusetts Police Department, the Holyoke, Massachusetts Police Department, and the Easthampton, Massachusetts Police Department, for their contributions to the investigation.

Assistant U.S. Attorney Barbara A. Masterson handled the prosecution of McCormick.  Federal Public Defender Michael L. Desautels represented McCormick.

This case is being 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

The Office of the United States Attorney for the District of Vermont stated that Brian Thomas Badgley, 37, of Waterbury, Vermont appeared yesterday in United States District Court in Burlington for an arraignment on a two-count indictment charging him with tampering with a consumer product, in violation of 18 U.S.C. § 1365(a), and obtaining controlled substances by fraud in violation of 21 U.S.C. § 843(a)(3).  Badgley entered a plea of not guilty and was released on conditions.

According to the indictment, Badgley is alleged to have tampered with a bottle of Hydromorphone oral solution by removing a quantity for his own use, and then diluting the remaining contents of the bottle with liquid Benadryl and distilled water.  Badgley is alleged to have reattached the tamper seal on the bottle with clear tape and returned the diluted Hydromorphone oral solution to the inventory of the pharmacy, from which it could have been administered to pharmacy patients.  Badgley is also alleged to have obtained Hydromorphone tablets and Hydromorphone solution through misrepresentations and fraud, specifically by entering false entries into the pharmacy ordering system, entering false pill counts into the inventory system, and diluting the oral solution.  At the time of the alleged criminal conduct, Badgley was the pharmacy manager of the CVS located in Berlin, Vermont.  

According to public records of the State of Vermont’s Board of Pharmacy, in 2016, Badgley had strict conditions placed on his pharmacist license after he was suspected of having diverted narcotics while employed as a pharmacy manager at Northwestern Medical Center.  During those proceedings, Badgley admitted to stealing Hydromorphone from the hospital after his employment had been terminated.  In 2020, the Board of Pharmacy removed the conditions from Badgley’s pharmacist license.  On September 24, 2021, after the conduct alleged in the indictment came to its attention, the Board of Pharmacy summarily suspended Badgley’s pharmacist license. 

The charges against Badgley are merely accusations and the defendant is presumed innocent unless and until he is proven guilty. Badgley faces a maximum sentence of 10 years for the tampering charge, and a maximum sentence of 4 years for obtaining controlled substances by fraud.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the U.S. Food & Drug Administration’s Office of Criminal Investigations, the Drug Enforcement Administration, the Vermont Secretary of State’s Office of Professional Regulation, and the Berlin Police Department.

Badgley is represented by Robert Backus, Esq. Assistant U.S. Attorney Jonathan A. Ophardt represents the United States.

The Office of the United States Attorney for the District of Vermont announced today that Michael Brillon, 59, of West Haven, Vermont was arrested yesterday for unlawfully possessing a firearm as a convicted felon.  A criminal complaint was filed today in United States District Court, and Brillon is expected to have his initial appearance this afternoon.

According to court records, a collaborative stolen property investigation of the Winhall, Wilmington, Fair Haven, and Bennington Police Departments and the Vermont State Police resulted in the execution of a search warrant at Brillon’s property in West Haven yesterday morning.  During the investigation, local law enforcement learned that Brillon was alleged to possess firearms and had been making threatening statements.  Agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Department of Homeland Security’s Homeland Security Investigations were asked to assist in the search.  The search resulted in the seizure of a SAR Arms 9mm semi-automatic pistol, two rifles, and a large quantity of marijuana consistent with an intent to distribute.  Brillon has a long criminal history that includes felony convictions for sexual assault on a minor and aggravated domestic assault.  Those convictions prohibit Brillon from possessing firearms.

The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that Brillon remains presumed innocent until and unless he is convicted of a crime.  Brillon faces a maximum sentence of 10 years of imprisonment.

United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Winhall, Wilmington, Fair Haven, and Bennington Police Departments and the Vermont State Police, and the assistance of the Department of Homeland Security’s Homeland Security Investigations.  Kerest added, “this case exemplifies the greatest strength of Vermont law enforcement – their willingness and ability to work collaboratively for the good of Vermonters.”

This case is being 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

The prosecutor is Assistant United States Attorney Jonathan Ophardt.  Brillon is represented by Richard Bothfeld, Esq.

Sunday, January 9, 2021, is National Law Enforcement Appreciation Day, a day dedicated to showing our support for law enforcement on the local, state, and federal levels. Created in 2015, this day allows us to voice our appreciation to law enforcement officers for their service to us all.

Every day our law enforcement colleagues run towards the danger as front-line workers and first responders to ensure public safety, address incidents involving domestic violence, substance misuse disorders, and mental health challenges. In this great state of Vermont, we all depend on law enforcement to protect people from crime and violence. The prosecutors in the United States Attorney’s Office also rely on our law enforcement colleagues to investigate crime carefully and thoroughly and to uncover and ferret out those that victimize the vulnerable.  

Over the past two years we have been frequently reminded of the difficult challenges faced by law enforcement officers, many of which have been amplified by the COVID-19 pandemic. In 2021 across the country, 491 police officers died in the line of duty. Vermont did not lose an officer in the line of duty in 2021, but the dangers that took the lives of those 491 lives exist every day in our state.

On January 9, take a moment to recognize these challenges and to show support for those who serve and protect. Send them an email, tweet support for them, or just give them a call and say, “thank you.” These small gestures are significant as we show our support for those who dedicate their lives to public safety.

The United States Attorney’s Office thanks the men and women of law enforcement for the dedication, sacrifice, and commitment to the rule of law they display every day. We recognize that you make our cases possible, and we will continue working together to promote justice and public safety in 2022.

The Office of the United States Attorney for the District of Vermont announced today that Lawrence Jackson, aka “Boo-Bee,” 50, of Rutland, Vermont was indicted by a federal grand jury on December 29, 2021.  The indictment alleges that Jackson engaged in drug trafficking and unlawfully possessed a Taurus The Judge .410/.45 caliber revolver.  Jackson is currently detained on related state charges.  He is scheduled to be arraigned in federal court on January 25, 2022.  The government has moved for Jackson’s continued detention pending trial.   

According to court records, Jackson was arrested on November 23, 2021 while in possession of approximately 430 grams of powder cocaine and 33 grams of cocaine base.  A Taurus The Judge .410/45 caliber revolver was seized during a law enforcement search of Jackson’s Rutland residence.  The Judge revolver was located in a bedroom identified by witnesses as belonging to Jackson.  At the time it was seized, the revolver was loaded with both .45-Long Colt bullets and .410 shotshells.  Jackson is prohibited from possessing a firearm due to his extensive criminal history.

In its detention motion, the government asserted that Jackson has recently been the perpetrator of significant violence in the Rutland community.  Witnesses have reported that Jackson has “pistol-whipped” multiple people with The Judge revolver and held a woman at gunpoint.  Witnesses have reported that Jackson has raped and sexually assaulted multiple women in the Rutland area.  In addition, Jackson is being investigated for using drugs to coerce women to perform commercial sex acts and for his involvement in the facilitation of prostitution.  

The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Jackson remains presumed innocent until and unless he is convicted of a crime.  Due to his criminal history, Jackson faces a mandatory 15 years of imprisonment if convicted on the firearm violation.  Jackson faces a maximum of 20 years of imprisonment if convicted on the drug trafficking allegations.

United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the Rutland City Police Department, the Vermont Drug Task Force, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Department of Homeland Security’s Homeland Security Investigations.

The Rutland Police Department requests that anyone with information regarding Jackson’s criminal activities, including any involvement in coercing women to perform commercial sex acts, to please contact either Detective Corporal Adam Lucia or Detective Tyler Billings.  Rutland detectives can be reached at (802) 773-1816.

The prosecutor is Assistant United States Attorney Jonathan Ophardt.  Jackson is represented by the Federal Public Defender. 

This case is being 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
 

The Office of the United States Attorney for the District of Vermont stated that Lindsey Cox, 37, of Swanton, Vermont, was sentenced on December 20, 2021 in United States District Court in Burlington, Vermont.  Cox previously had pleaded guilty to conspiring to acquire controlled substances by fraud and theft in connection with healthcare.

United States District Judge Christina Reiss imposed a sentence of five years of probation to run concurrently on each count and ordered Cox to pay restitution to her former employer in the amount of $71,942.60.

According to Court records, Cox formerly was an employee at a dental practice in St. Albans, Vermont.  Between April and November 2016, Cox conspired with another employee to generate fake prescriptions for controlled substances and forge the signature of a licensed prescriber.  Cox and others then filled the fake prescriptions - which typically were for Oxycodone - at several area pharmacies.  In total, investigators identified 46 fake prescriptions.  In addition, between May 2016 and August 2017, Cox embezzled $71,942.60 from her employer by manipulating and falsifying payment records in the dental practice’s billing software.  

The Drug Enforcement Administration and the St. Albans Police Department investigated this case, together with the U.S. Border Patrol and the Franklin County Sheriff’s Department.  United States Attorney Nikolas P. Kerest commended the efforts of the Drug Enforcement Administration and other law enforcement agencies and, in particular, the work of the DEA’s drug diversion investigation as well as the St. Albans Police Department’s work to uncover Cox’s embezzlement.

Cox was represented by Assistant Federal Defender David L. McColgin.  The prosecutor was Assistant United States Attorney John J. Boscia.

U.S. Attorney Nikolas P. Kerest announced today that the U.S. Attorney’s Office for the District of Vermont collected $1,874,911.26 in criminal and civil actions in Fiscal Year 2021. Of this amount, $1,326,495.45 was collected in criminal actions and $548,415.81 was collected in civil actions.  

Additionally, the District of Vermont worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $291,607,284.62 in cases pursued jointly by these offices. Of this amount, $20,151.91 was collected in criminal actions and $291,587,132.71 was collected in civil actions.          
     
“These collection figures demonstrate our Office’s commitment to use the tools we have to make the government whole when it is victimized by fraud and to recover ill-gotten gains for the benefit of victims of crime,” said U.S. Attorney Kerest. 

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs. 

Additionally, the U.S. Attorney’s Office-District of Vermont, working with partner agencies and divisions, collected $807,954.00 in asset forfeiture actions in FY 2021. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.

The United States Attorney for the District of Vermont announced that Curtis Johnston, 39, formerly of Putnam County, Tennessee, was sentenced today in U.S. District Court in Rutland.  Johnston had earlier pleaded guilty to traveling in interstate commerce without updating his registration under the Sex Offender Registration and Notification Act (“SORNA”). 
 
Chief U.S. District Judge Geoffrey W. Crawford imposed a sentence of time served, reflecting over five months Johnston spent in pretrial detention, to be followed by a five-year term of supervised release.

According to court records, Johnston was convicted in Tennessee of aggravated statutory rape in 2012.  He was accordingly required to register as a sex offender with officials of any state where he resided or to which he relocated.  Under federal law, when a sex offender moves from one state to another, he has three days to update his registration.  Johnston relocated to Vermont in or about October 2020, but had not updated his registration to reflect his new residence as of July 2021.

The U.S. Marshals Service investigated this case. 
 
Assistant U.S. Attorney Spencer Willig represented the United States.  The defendant was represented by Jean-Claude Charbonneau.

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 United States Attorney for the District of Vermont announced that Kassim Marsh, 30, formerly of Manchester, New Hampshire was sentenced yesterday for his role in a methamphetamine trafficking conspiracy.  Senior U.S. District Judge William K. Sessions III sentenced Marsh to 40 months of imprisonment, to be followed by a three-year term of supervised release.  Judge Sessions also sentenced Marsh to a concurrent 18-month term of imprisonment for a related supervised release violation, stemming from a prior federal narcotics conviction.

According to court records, Marsh conspired to distribute methamphetamine in the spring of 2021.  He had returned to drug trafficking shortly after his release from federal prison following a prior sentence for conspiring to distribute heroin and cocaine.  Authorities arrested Marsh in May of 2021 after he sold $2,000 of methamphetamine to an undercover Homeland Security Investigations Special Agent.  He has remained in custody since his arrest.  His brother, Jahlil Marsh—also his co-defendant in his prior federal drug-trafficking case—pleaded guilty to a related drug conspiracy charge earlier this year and was sentenced to 60 months in prison on December 3, 2021.

Assistant U.S. Attorney Spencer Willig prosecuted this case, which was investigated by Homeland Security Investigations.  The defendant is represented by Robert L. Sussman, Esq.

The Office of the United States Attorney for the District of Vermont stated that Elijah Jovann Wheeler-Watson, 25, of Springfield, Massachusetts, was sentenced today in United States District Court in Burlington in connection with his October 2019 drug trafficking activity in Vermont.  Wheeler-Watson previously pleaded guilty to possessing with intent to distribute cocaine base and fentanyl.  U.S. District Judge William K. Sessions III sentenced Wheeler-Watson to thirty months of imprisonment to be followed by a four-year term of supervised release.

According to court records and proceedings, on October 23, 2019, Wheeler-Watson was the passenger in a car leaving a St. Johnsbury, Vermont residence known for drug activity.  Law enforcement stopped the car and determined that Wheeler-Watson possessed 42 grams of cocaine base, 25 bags of fentanyl, a digital scale, and over $1,900 in U.S. currency.  Several months before this incident, Wheeler-Watson had finished serving a five-year sentence in Massachusetts for multiple armed robberies.  After his release from Massachusetts custody, Wheeler-Watson had traveled to Vermont several times, and had earned at least $13,000 in gross proceeds from drug trafficking activities.

Assistant United States Attorney Nicole Cate handled this case, which was investigated by the Drug Enforcement Administration and Vermont State Police Drug Task Force.  Wheeler-Watson was represented by Mark Kaplan, Esq.

Nikolas P. Kerest has taken the oath of office to become the United States Attorney for the District of Vermont. Mr. Kerest was nominated by President Joseph Biden on September 28, 2021 and confirmed by the U.S. Senate on December 7, 2021. This afternoon, he took the oath of office from Chief United States District Court Judge Geoffrey W. Crawford.

“I am honored to serve as the United States Attorney for the District of Vermont. This office is home to a team of incredibly dedicated and effective public servants. It has a long history of outstanding work, integrity, and service to the Vermont community. We will continue to work tirelessly with our law enforcement and community partners to pursue equal justice under the law and to protect and serve the people of Vermont. I am excited to get started,” stated United States Attorney Kerest.

As United States Attorney, Mr. Kerest is the top-ranking federal law enforcement official in the District of Vermont. He oversees a staff of 51 employees, including 24 attorneys and 27 non-attorney support personnel. The office is responsible for prosecuting federal crimes in the district, including crimes related to terrorism, public corruption, exploitation of children and older adults, firearms, narcotics, immigration, and civil rights. In civil cases, the office also represents the United States and its agencies in affirmative fraud cases, defends the United States in civil cases, and collects debts owed to the United States.

Mr. Kerest has served as an Assistant United States Attorney in the District of Vermont since 2010. He began serving as an Assistant United States Attorney in the Civil Division of the office, representing federal agencies in defensive and affirmative litigation in federal court in Vermont. From 2014-2019, he served as Civil Division Chief, continuing to represent federal agencies in addition to leading the division as part of the U.S. Attorney Office’s management team. In 2019, he joined the criminal division, prosecuting a variety of criminal cases, including drug trafficking offenses, violent crime, and immigration fraud.

Mr. Kerest clerked for the Honorable Fred I. Parker, United States Court of Appeals for the Second Circuit in Burlington, VT from 2000 to 2001. He also worked for Ropes and Gray LLP in Boston, MA from 2001 to 2004. From 2004 to 2010, he worked as a litigator for Pierce Atwood LLP in Portland, ME.

Mr. Kerest attended Williams College, receiving a B.A. in mathematics in 1994. He attended Cornell Law School, earning his J.D. in 2000.

The Office of the United States Attorney for the District of Vermont stated that Wayne Miller, 34, formerly of Hartland, Vermont, was charged by criminal complaint in United States District Court in Burlington, Vermont, with one count of production of child sexual abuse material (CSAM), formerly called child pornography.  Miller made his initial appearance to answer the complaint in federal court on December 10, 2021.  At that hearing, U.S. Magistrate Judge Kevin J. Doyle ordered Miller detained and set a probable cause hearing for December 22, 2021.  

According to court records and proceedings, in November 2020, Google sent a Cybertip to the National Center for Missing and Exploited Children (NCMEC) after it discovered a user had attempted to send CSAM by email to another account.  NCMEC forwarded the Cybertip to the Vermont Internet Crimes Against Children Task Force (ICAC).  The ICAC obtained search warrants for the two Google accounts involved in the attempted transfer.  Through that investigation, the ICAC discovered additional CSAM images, some of which appeared to have been produced by Miller, and learned that Miller likely controlled both accounts.  Investigators with Homeland Security Investigations obtained a federal search warrant to search Miller’s new residence in Claremont, New Hampshire.  During execution of this search warrant, Miller spoke with law enforcement and confirmed that he produced CSAM that depicted him and a toddler-aged child known to him. 

U.S. Attorney Nikolas P. Kerest emphasized that the defendant is presumed innocent until and unless proven guilty.  If convicted, Miller’s sentence will be determined by the advisory United States Sentencing Guidelines and the impact, if any, of any mandatory minimum prison terms applicable to any count of conviction.  

U.S. Attorney Kerest commended the efforts of Homeland Security Investigations and the Vermont Internet Crimes Against Children Task Force.  

Assistant U.S. Attorney Barbara A. Masterson is handling the prosecution of Miller.  Miller is represented by the Federal Public Defender’s Office. 
 
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 announced today that John Griffin, 44, of Stamford, Connecticut was arrested today by the Federal Bureau of Investigation after a federal grand jury in Vermont charged Griffin with three counts of using a facility of interstate commerce to attempt to entice minors to engage in unlawful sexual activity.  Griffin will have his initial appearance later today in federal court in New Haven, Connecticut.   

According to the indictment, from April to July of 2020, Griffin utilized the messaging applications Kik and Google Hangouts to communicate with people purporting to be parents of minor daughters, conveying to them, among other ideas, that a “woman is a woman regardless of her age,” and that women should be sexually subservient and inferior to men.  On these communication platforms, Griffin sought to persuade parents to allow him to train their daughters to be sexually submissive.  In June of 2020, Griffin advised a mother of 9- and 13-year-old daughters that the mother’s responsibility was to see that her older daughter was “trained properly.”  Griffin later transferred over $3,000 to the mother for plane tickets so the mother and her 9-year-old daughter could fly from Nevada to Boston’s Logan airport.  The mother and child flew to Boston in July of 2020, where Griffin picked them up in his Tesla and drove them to his Ludlow house.  At the house, the daughter was directed to engage in, and did engage in, unlawful sexual activity.  

The indictment also includes specific allegations that Griffin attempted to entice two other children over the internet to engage in sexual activity.  In April of 2020, Griffin proposed to engage in a “virtual training session” over a video chat that would include him instructing the mother and her 14-year-old daughter to remove their clothing and touch each other at his direction.  In June of 2020, Griffin proposed to a purported mother of a 16-year-old daughter that she take a “little mother-daughter trip” to Griffin’s Ludlow ski house for sexual training involving the child.  

The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Griffin remains presumed innocent until and unless he is convicted of a crime.  On each count, Griffin faces a mandatory minimum sentence of 10 years of imprisonment and a maximum sentence of life imprisonment.  The indictment includes a notice that states the federal government intends to seek the forfeiture of Griffin’s Ludlow house, his Tesla, a Mercedes, and other property that was used in the commission of the charged offenses.  

Acting United States Attorney Jonathan A. Ophardt commended the investigatory efforts of the Federal Bureau of Investigation, and the vital assistance of both the Ludlow, Vermont Police Department and the Henderson, Nevada Police Department.

The Acting United States Attorney for the District of Vermont announced that Giovanni Joseph, 34, formerly of Dix Hills, New York, was sentenced today in United States District Court in Rutland to time served following his guilty plea to one count of bank fraud.  Chief U.S. District Judge Geoffrey W. Crawford also ordered Joseph to pay a total of $2,590 in restitution to three banks which sustained losses as a result of the bank fraud scheme Joseph executed.  Joseph had been detained in federal custody since his arraignment in this case on October 6, 2021.  Following his federal sentencing, he will be returned to the custody of Pennsylvania authorities to complete a state sentence for an unrelated narcotics offense.

According to court records, Joseph presented stolen checks at five banks around central Vermont in March of 2020.  The checks had been stolen from U.S. Postal Service mail collection boxes in Montpelier, East Montpelier, and Wilmington.  On four occasions, the stolen checks had been modified to change the original payee’s name to Joseph’s name.  Attempting to cash the fifth stolen check, Joseph presented a forged identification document to impersonate the check’s legitimate payee.

The United States Postal Inspection Service investigated this case.

Joseph is represented by Assistant Federal Public Defenders David L. McColgin and Sara M. Puls.  The prosecutor is Assistant U.S. Attorney Spencer Willig.

The Office of the United States Attorney for the District of Vermont stated that on December 6, 2021, James Bannister, 57, of Bethel, Vermont pleaded guilty to conspiracy to distribute and possess with intent to distribute controlled substances, including the opioids Tapentadol and Tramadol, in connection with his involvement in an international drug trafficking operation.

According to court records and proceedings, from in or about 2019 through June 2021, Bannister and others used mailboxes in Vermont to receive shipments of controlled substances and misbranded pharmaceutical drugs sent from outside the United States.  Bannister also received international shipments of controlled substances and misbranded drugs at his residence, including pills containing the opioids Tapentadol and Tramadol, as well as Carisoprodol, a muscle relaxant.  After receiving the controlled substances, Bannister and others unlawfully redistributed them, typically by U.S. mail, to customers across the United States.  In June 2021, law enforcement executed a search warrant at Bannister’s residence and seized 14,449 pills containing Schedule II and IV drugs. 

Bannister faces a maximum sentence of up to 20 years of imprisonment, up to lifetime supervised release, and up to a $1,000,000 fine.  The Court will determine the sentence with reference to the Federal Sentencing Guidelines.  

Acting United States Attorney Jonathan A. Ophardt commended the collaborative investigative efforts of the Food and Drug Administration Office of Criminal Investigation, Homeland Security Investigations, the Drug Enforcement Administration, the United States Postal Inspection Service, and the Rutland City Police Department.  “The importation and sale of diverted and counterfeit pharmaceuticals feeds the opiate crisis with pills cloaked in fraudulent legitimacy.  The cost of addiction is borne by our communities, while the money pilfered from addicted individuals lines the pockets of foreign criminals.  I applaud our investigatory partners for targeting the facilitators who play a vital role in supporting these international criminal organizations.” 

“Misbranded and counterfeit prescription drugs that are smuggled from overseas can present a serious health risk to those who buy and use them. The drugs may contain unknown ingredients, may be made under unknown conditions, and may be used without the supervision of a licensed medical professional,” said Special Agent in Charge Jeffrey J. Ebersole, FDA Office of Criminal Investigations New York Field Office. “We will continue to investigate and bring to justice those who traffic in misbranded or counterfeit prescription drugs.”

“Bannister peddled opioids and other dangerous substances, bringing them across borders and into New England and the rest of the United States,” said Matthew Millhollin, Special Agent in Charge for the Homeland Security Investigations’ Boston Field Office, which covers all of New England. “Cases like these require strong partnerships and HSI is proud to work with our law enforcement partners to prevent the illicit flow of controlled substances into the country.”

“Responding to the increased prevalence of diverted or counterfeit pharmaceuticals in New England is among DEA’s highest priorities” stated Brian Boyle, DEA New England’s Special Agent in Charge.  “This Vermont based international drug smuggling organization shows that every corner of New England is being targeted by drug trafficking organizations for distribution of these deadly substances.  DEA and our federal, state and local partners are committed to bringing to justice, those who are fueling our country’s unprecedented opioid epidemic.”

“The U.S. Postal Inspection Service and our law enforcement partners will continue to dedicate the necessary resources to fight drug trafficking in our communities,” said Inspector in Charge Ketty Larco-Ward of the U.S. Postal Inspection Service’s Boston Division. “The Postal Service has no interest in being the unwitting accomplice to anyone using the U.S. Mail to distribute illegal drugs.”

Bannister is represented by Assistant Federal Public Defender David McColgin.  The prosecutor is Assistant U.S. Attorney John J. Boscia.

The Office of the United States Attorney for the District of Vermont stated that Dorian Johnson (a.k.a. “Jon”), 28, of Bloomfield, Connecticut was sentenced today to 46 months of imprisonment and three years of supervised release following his conviction on two counts of drug trafficking. Johnson had previously pled guilty to distributing cocaine base within 1,000 feet of the Brewster Pierce Memorial School in Huntington, Vermont on November 5, 2020; and, possession with intent to distribute cocaine base, on January 1, 2021. 

According to court records, on November 5, 2020, Johnson distributed approximately 25 grams of cocaine base at a residence on Main Road in Huntington, within 1,000 feet of the Brewster Pierce Memorial School. The street name for cocaine base is crack. The defendant also distributed smaller amounts of heroin and fentanyl in Huntington. On January 1, 2021, during a traffic stop in Richmond, Vermont, law enforcement seized approximately 88 grams of cocaine base and 45 grams of cocaine powder. These drugs belonged to Johnson, who was a passenger in this vehicle, and Johnson intended to sell the drugs in Vermont. The vehicle had just made a short-duration trip from Vermont to Connecticut and back. 

This case was investigated by the Vermont State Police Narcotics Investigation Unit, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

This case was prosecuted by Assistant U.S. Attorney Joseph Perella. The defendant was represented by Assistant Federal Public Defender Steven Barth.        

The United States Attorney for the District of Vermont announced that Jahlil Marsh, 28, formerly of Stowe, Vermont, was sentenced today by Chief U.S. District Court Judge Geoffrey W. Crawford.  Marsh previously pleaded guilty to a superseding information charging him with participating in a drug trafficking conspiracy.  Judge Crawford imposed a sentence of 60 months of imprisonment, to be followed by a three-year term of supervised release.

Marsh was already serving a term of supervised release stemming from a prior federal felony drug conviction at the time he engaged in the drug conspiracy charged in the superseding information.  Judge Crawford imposed an 18-month term of imprisonment, to run concurrently with Marsh’s new 60-month sentence, following Marsh’s admission that he violated the terms of his supervised release when he committed this new offense.

According to court records and statements made on the record in court, Marsh participated in a conspiracy to distribute fentanyl and methamphetamine in Vermont and New Hampshire between February and June of 2021.  In the course of this conspiracy, Marsh both sold and arranged the sale of controlled substances including fentanyl and methamphetamine.  

Assistant U.S. Attorney Spencer Willig prosecuted this case, which was investigated by the Department of Homeland Security, Homeland Security Investigations.  The defendant is represented by Michael C. Shklar, Esq.

The Office of the United States Attorney for the District of Vermont stated that Ivan Carmona—a 30-year-old man from Springfield, Massachusetts—was indicted today by a federal grand jury sitting in Burlington, Vermont.  The three-count indictment charges the defendant with assaulting a Border Patrol Agent with a deadly weapon and with possessing a firearm after having sustained a prior felony conviction.  The defendant is currently held without bail on state charges. His arraignment on the federal indictment will be scheduled by the Court on a later date.  If convicted, Carmona faces a minimum sentence of seven years in prison and a maximum sentence of lifetime imprisonment.  He could also be fined up to $250,000.

The case arose from law enforcement’s November 18, 2021, pursuit of Carmona in connection with an unrelated Vermont warrant. United States Border Patrol (USBP) agents from the Newport, Vermont Border Patrol Station assisted state and local authorities in the pursuit of Carmona near North Troy, Vermont.  According to the indictment, during the pursuit, Carmona possessed a loaded handgun and brandished it at one of the pursuing Border Patrol Agents.

An indictment is a charging document and is only a set of formal accusations.  The defendant is presumed innocent until and unless proven guilty at trial or by a guilty plea.  Any eventual sentence imposed by the Court would be advised by the United States Sentencing Guidelines and statutory factors for sentencing.

Several law enforcement agencies participated in the pursuit and apprehension of Carmona, including USBP, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Air & Marine division of Customs and Border Protection, the Orleans County Sheriff’s Department, the Vermont State Police, and the Vermont Drug Task Force.  Acting U.S. Attorney Jonathan A. Ophardt commended the collaboration between federal and state agencies in the apprehension of Carmona and praised the calmness and professionalism of the involved Border Patrol Agents.

“Ivan Carmona’s alleged actions threatening a federal law enforcement officer, combined with his criminal record, suggest he is a danger to the community,” said James M. Ferguson, Special Agent in Charge of the ATF Boston Field Division.  “It is a testament to both the bravery and professionalism of the U.S. Border Patrol agents that Ivan Carmona was arrested without anyone being harmed during his apprehension.  This case is the successful outcome of a concerted, collaborative effort with our local, state, and federal partners to apprehend an individual charged with violent conduct by the state of Vermont.  We are committed to intervening against armed individuals who threaten the safety of the citizens of Vermont.”

Orleans County Sheriff Jennifer L. Harlow added: “It has become extremely troubling that Orleans County has become a playground for violence.  When individuals within our community, or those who travel to our community, are in possession of firearms, illegal drugs, or both, they pose a risk to public safety.  These behaviors effect our entire community and all those within.  We are so thankful for the wonderful partnership we have with ATF and the U.S. Attorney’s Office for working so closely with our community to help protect us from these dangers.” 

The defendant will be assigned representation at his arraignment in the federal proceeding.  The federal case is being prosecuted by Assistant United States Attorney Matthew Lasher.

The Office of the United States Attorney for the District of Vermont stated that general contractor J.A. McDonald, Inc. (“JAM”), headquartered in Lyndon Center, Vermont, has agreed to pay $637,500.00 to the United States and the State of Vermont to resolve allegations that JAM violated the federal False Claims Act, 31 U.S.C. § 3729, and the Vermont False Claims Act, 32 V.S.A. § 631, by knowingly causing the State of Vermont to present false claims for payment to the United States in connection with the federally-funded construction of several bridges on Route 279 in the Town of Bennington, Vermont, and on Interstate 91 in the Town of Guilford, Vermont.

This settlement resolves allegations that, between approximately 2008 and 2010, JAM employees materially altered certain components of the bridges at issue by cutting or burning multiple sections of reinforcing steel out of the reinforced-concrete substructures that support the bridges, and that JAM employees took affirmative steps to conceal such material alterations from the Vermont Agency of Transportation.  The United States and the State of Vermont contend that, because of this misconduct, the Vermont Agency of Transportation unwittingly paid JAM for deficient bridgework and in turn, presented false claims to the Federal Highway Administration for the reimbursement of the federal share of the amounts that were paid to JAM.

In addition to agreeing to pay $637,500.00 to the United States and the State of Vermont as part of the civil settlement announced today, JAM has also agreed as part of an administrative settlement and compliance agreement with the Federal Highway Administration to implement the following remedial measures: (1) to adopt a comprehensive Ethics and Compliance Code and to train all employees on the code; (2) to adopt a comprehensive Quality Assurance/Quality Control Program and to train all employees on the program; (3) to appoint a Corporate Compliance Officer who will be responsible for ensuring that JAM implements and complies with the foregoing code and program; and (4) to retain an Independent Monitor, who will conduct on-site and unannounced inspections of JAM’s work on all federally-funded contracts, and report on the inspections directly to the Federal Highway Administration, for a period of three years.

“Public infrastructure projects in the United States must be constructed with care and diligence,” stated Acting United States Attorney Jonathan A. Ophardt. “When contractors recklessly disregard public safety and squander tax dollars, the United States Attorney’s Office will aggressively investigate and hold them accountable.”

“This settlement agreement concludes over two years of work recognizing that there be full accountability for the work performed on behalf of taxpayers,” said Vermont Secretary of Transportation Joe Flynn.

Pursuant to the terms of the civil settlement agreement between the United States, the State of Vermont, and JAM, the settlement constitutes neither an admission of liability by JAM nor a concession by the United States or the State of Vermont that the claims asserted are not well founded.  The claims settled in this matter are allegations only; there has been no judicial determination of liability.

This matter was investigated by the United States Attorney’s Office for the District of Vermont in partnership with the Vermont Attorney General’s Office and the Vermont Agency of Transportation.  Support was provided by the United States Department of Transportation’s Office of Inspector General and the Federal Highway Administration.

Assistant United States Attorney Ben Weathers-Lowin handled the matter on behalf of the United States.  The State of Vermont was represented by Vermont Assistant Attorneys General Michelle Anderson, Bart Gengler, and Gordon Landrigan.  JAM was represented by Owen McClain, Esq. and Heather Ross, Esq. of the firm Sheehey Furlong & Behm P.C.

The Office of the United States Attorney for the District of Vermont stated that on November 23, 2021, Randy Sheltra, 59, of Alburgh, Vermont, was sentenced in United States District Court in Burlington, Vermont, to serve 15 years of imprisonment following his conviction, after a six-day jury trial, of two counts of attempting to persuade, induce, and entice a minor to engage in unlawful sexual activity, and one count of attempted receipt of child pornography.  U.S. District Judge Christina Reiss also ordered Sheltra to serve a 30-year term of supervised release and to pay a special assessment of $300.  
    
According to court records and proceedings, on September 7, 2017, Sheltra began communicating with a person whom he believed was the mother of a 10-year-old girl responding to his post on Craigslist.  In reality, the woman was an undercover law enforcement officer.  During communications between Sheltra and the undercover over the following three days, Sheltra attempted to persuade the woman to permit her 10-year-old daughter to engage in sexual activity with him.  Law enforcement arrested Sheltra on September 10, 2017, when he arrived at a park in South Burlington to meet the woman and her daughter for sexual activity.  Law enforcement seized Sheltra’s cell phone at the time of his arrest. Communications contained within the phone showed that in August 2017, Sheltra had attempted to persuade a real 15-year-old Vermont girl to engage in sexual activity with him and had, in fact, met with the child for sexual activity.  Sheltra also asked the child to send him explicit photographs.  

In imposing Sheltra’s sentence, Judge Reiss found that Sheltra obstructed justice when he provided false testimony at his trial and qualified as a “repeat and dangerous” sex offender. 

Acting U.S. Attorney Jonathan A. Ophardt commended the efforts of Homeland Security Investigations and the Vermont Internet Crimes Against Children Task Force in the investigation and prosecution of Sheltra.  

The prosecution of Sheltra was handled by Assistant U.S. Attorneys Barbara A. Masterson and Andrew C. Gilman.  Sheltra was represented by Mark Kaplan of Kaplan & Kaplan.
  
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 Grace Ross, 46, of Williston, Vermont has been charged by a federal grand jury in Burlington with unlawful possession of a firearm after having previously been convicted of a misdemeanor crime of domestic violence. The government is also seeking forfeiture of the seized Taurus 9mm pistol.

According to court records, on July 30, 2021 the Burlington Police received a report that the driver of a black Mazda, later identified as Ross, pointed a handgun at another vehicle which contained two adults and a baby. The incident occurred near Main Street and South Prospect Street in Burlington. According to the court records, Ross cut off another vehicle, nearly causing a collision. After the driver of the other vehicle honked the horn, Ross, who was then driving in front of the other vehicle, pulled a handgun out and pointed it at the other car through her rear window. Soon after, the Burlington Police Department pulled over Ross’s vehicle and seized the firearm. Ross was originally charged in state court with aggravated assault, though the state case was dismissed after the filing of federal charges. 

Ross pled not guilty to the charge. United States Magistrate Judge Kevin J. Doyle ordered Ross released on conditions pending further proceedings in the case. 

This case is being 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.  See https://www.justice.gov/psn.

The indictment is an accusation only. The defendant is presumed innocent until and unless proven guilty. The maximum sentence for the alleged offense is ten years of imprisonment and a $250,000 fine. If found guilty of the offense, the defendant’s actual sentence will be determined with reference to the Federal Sentencing Guidelines.  

This matter was investigated by the Burlington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant U.S. Attorney Joseph Perella. Ross is represented by Michael Desautels, Esq. of the Federal Public Defender’s Office. 
 

The United States Attorney’s Office for the District of Vermont announced that Jack M. Cohen, 36, presently of Hyde Park, Vermont, was sentenced today in United States District Court in Burlington following his guilty plea to importation into the United States of more than 50 kilograms of marijuana.  United States District Judge Christina Reiss sentenced Cohen to a time-served period of imprisonment (approximately a day), and ordered that Cohen be subject to three years of supervised release.  

According to court records, Cohen was arrested on March 24, 2021 in the town of Canaan, Vermont, after he was stopped by a U.S. Border Patrol Agent along Route 114.  Agents located and seized approximately 272 pounds of packaged marijuana in large duffle bags in the bed of Cohen’s truck.  Cohen had just left an unoccupied camp along Lake Wallace where he had met individuals at the international border with Canada; those individuals used snow machines towing sleds to carry the marijuana across the lake ice to the camp.  Based on prior events at the camp, Cohen had previously made at least two trips to that location to import marijuana across the international border, and he’d previously made several additional trips to other locations along the border for the same purpose.  The Court found that the enterprise involved at least 400 kilograms (882 pounds) of  marijuana.

The case was investigated by the United States Border Patrol, with the lead investigator working from the Beecher Falls Border Patrol Station.  Acting United States Attorney Jonathan A. Ophardt commended Border Patrol’s investigative efforts. “Cross-border smuggling by organized criminal enterprises and their clandestine exportation of large quantities of cash compromises our national security and undermines our relations with international partners.  The United States Attorney’s Office, working with our federal, state, and local law enforcement partners, will continue to prioritize the investigation and prosecution of traffickers who profit from unregulated black markets.”

Cohen was represented by Assistant Federal Public Defender Steven Barth.  The prosecutor was Assistant United States Attorney Matthew Lasher.

The United States Attorney’s Office for the District of Vermont announced that Jorge Velazquez-Cordova, 33, a citizen of Mexico, was sentenced today in United States District Court in Burlington for reentering the United States after having previously been removed from the country.  United States District Court Judge Christina Reiss sentenced Velazquez-Cordova to time served.  Velazquez-Cordova has been in the custody of the United States Marshal since his federal arrest on October 6, 2021. From September 21, 2021 to October 6, 2021, Velazquez-Cordova was in the custody of the State of Vermont. Custody of Velazquez-Cordova will be transferred from the United States Marshals Service to the Department of Homeland Security for removal proceedings.  

According to court records, on September 21, 2021, Vermont State Police arrested Velazquez-Cordova at the Allendale Farm in Vergennes, Vermont, on felony domestic assault and related charges, after he was reported as having threatened household members with a large machete and having recently beaten a woman unconscious. On October 6, 2021, Velazquez-Cordova pleaded guilty to misdemeanor domestic assault in Vermont Superior Court in Addison County, and was sentenced to 6 to 7 days imprisonment on that state conviction.

The case was investigated by the United States Immigration and Customs Enforcement’s Office of Enforcement and Removal Operations.

Velazquez-Cordova was represented by Assistant Federal Defender David McColgin. The prosecutor was Assistant U.S. Attorney Nikolas Kerest.

The Department of Justice today announced more than $139 million in grant funding through the department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The awards provide direct funding to 183 law enforcement agencies across the nation, allowing those agencies to hire 1,066 additional full-time law enforcement professionals. In the District of Vermont, two awards were granted totaling $248,257.00.

“We are committed to providing police departments with the resources needed to help ensure community safety and build community trust,” said Attorney General Merrick B. Garland. “The grants we are announcing today will enable law enforcement agencies across the country to hire more than 1,000 additional officers to support vitally important community oriented policing programs.” 

The following recipients received awards in Vermont: •    Town of Bristol - $125,000.00
•    Essex County Courthouse - $123,257.00

CHP is a competitive award program intended to reduce crime and advance public safety through community policing. CHP provides funds directly to law enforcement agencies to hire new or rehire additional career law enforcement officers, thereby increasing their community policing capacity and crime prevention efforts. Of the 183 agencies awarded grants today, approximately half will use the funding to focus on building legitimacy and trust between law enforcement and communities; 41 agencies will seek to address high rates of gun violence; 21 will focus on other areas of violence; and 19 will focus CHP resources on combating hate and domestic extremism or supporting police-based responses to persons in crisis. The complete list of awards can be found here.  

Since its creation in 1994, COPS has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and Tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 officers. CHP, COPS’ flagship program, continues to be in demand today: In FY21, COPS received 590 applications requesting nearly 3,000 law enforcement positions. For FY22, President Biden has requested $537 million for CHP, an increase of $300 million.

To learn more about CHP, please visit https://cops.usdoj.gov/chp-award. For additional information about the COPS Office, please visit https://cops.usdoj.gov/.  The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served.

WASHINGTON – A Vermont man was sentenced today to 200 months, or more than 16 years, in prison followed by 15 years of supervised release for the sexual exploitation of children and possessing child pornography. As part of his sentence, he will also pay $37,199.00 in restitution.

Ryan Beaulieu, 45, of Underhill, pleaded guilty to one count of sexual exploitation of children and one count of possession of child pornography on March 29, 2021. According to court documents, Beaulieu used an anonymous video chat website to contact multiple prepubescent children and directed them to engage in sexually explicit conduct. Beaulieu used screen recording software to create videos of those children displaying their genitals while he sent sexually explicit messages. A search of Beaulieu’s digital devices revealed thousands of images of child sexual abuse material and contained records of his active participation in numerous online groups dedicated to producing and trafficking child sexual abuse material. Beaulieu was previously convicted in 2013 for sexually abusing a prepubescent child and was registered as a sex offender at the time of his offenses.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division and Acting U.S. Attorney Jonathan A. Ophardt for the District of Vermont made the announcement.

The Office of the Vermont Attorney General, Department of Homeland Security’s Homeland Security Investigations, and FBI investigated the case.

Trial Attorney Eduardo A. Palomo of the Justice Department’s Child Exploitation and Obscenity Section and Acting U.S. Attorney Jonathan A. Ophardt for the District of Vermont prosecuted the case.

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

A Vermont man was sentenced today to 200 months, or more than 16 years, in prison followed by 15 years of supervised release for the sexual exploitation of children and possessing child pornography. As part of his sentence, he will also pay $37,199 in restitution.

Ryan Beaulieu, 45, of Underhill, pleaded guilty to one count of sexual exploitation of children and one count of possession of child pornography on March 29. According to court documents, Beaulieu used an anonymous video chat website to contact multiple prepubescent children and directed them to engage in sexually explicit conduct. Beaulieu used screen recording software to create videos of those children displaying their genitals while he sent sexually explicit messages. A search of Beaulieu’s digital devices revealed thousands of images of child sexual abuse material and contained records of his active participation in numerous online groups dedicated to producing and trafficking child sexual abuse material. Beaulieu was previously convicted in 2013 for sexually abusing a prepubescent child and was registered as a sex offender at the time of his offenses.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division and Acting U.S. Attorney Jonathan A. Ophardt for the District of Vermont made the announcement.

The Office of the Vermont Attorney General, Department of Homeland Security’s Homeland Security Investigations, and FBI investigated the case.

Trial Attorney Eduardo A. Palomo of the Justice Department’s Child Exploitation and Obscenity Section and Acting U.S. Attorney Jonathan A. Ophardt for the District of Vermont prosecuted the case.

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

The Office of the United States Attorney for the District of Vermont announced that Pamela Yandow, 49, of Swanton, Vermont, was arrested today for distributing cocaine base on multiple occasions in October of 2021. Yandow is scheduled to appear later today on the charge before U.S. Magistrate Judge Kevin J. Doyle. 

According to court records, in October of 2021, Yandow distributed cocaine base, commonly known as “crack,” on multiple occasions to a confidential informant at or near her residence in Swanton.  This morning, law enforcement executed a search warrant at Yandow’s residence in Swanton, and arrested her pursuant to a federal arrest warrant.  Yandow’s extensive criminal history dates back to 1996, and includes a 2003 federal conviction for bank fraud, a 2013 state conviction for narcotics distribution, and a 2019 federal conviction for conspiracy to distribute heroin and cocaine base.  Yandow received an 84-month prison sentence in 2019, but was granted compassionate release on April 2, 2021 due to the COVID-19 pandemic.  

If convicted of the charge alleged in the complaint, Yandow faces a maximum sentence of 20 years of imprisonment and a $1,000,000 fine. The actual sentence however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The Acting United States Attorney emphasized that the charge in the complaint is merely an accusation, and that the defendant is presumed innocent unless and until she is proven guilty. 

Acting United States Attorney Jonathan A. Ophardt commended the investigatory efforts of  Homeland Security Investigations (HSI) and the St. Albans Police Department.  He also thanked the Swanton Police Department, the Vermont State Police Drug Task Force, U.S. Customs and Border Protection, and the U.S. Border Patrol for their assistance.

The United States is represented in this matter by Acting U.S. Attorney Jonathan A. Ophardt. Yandow is represented by the Office of the Federal Public Defender.

The Acting United States Attorney for the District of Vermont announced that Louise Larivee, 63, of Swanton, pleaded guilty today in United States District Court to a federal fraud charge.  The guilty plea came on the third day of a jury trial in Rutland.  Chief U.S. District Judge Geoffrey Crawford continued Larivee’s release on conditions pending sentencing, which will be scheduled for the spring.   

On June 13, 2019, a federal grand jury in Burlington returned a two-count indictment charging Larivee with conspiracy and federal program embezzlement.  Candy Thomas, 64, also of Swanton, a separately charged co-conspirator, had previously pled guilty to the federal program embezzlement charge.  According to the evidence presented during the trial and other court documents, between 2013 and 2017, Larivee was employed by the Abenaki Self Help Association, Inc. in Swanton as the director of a federal grant program administered by the U.S. Department of Labor.  ASHAI functioned as a service arm of the Abenaki Nation, promoting economic and social development through programatic efforts in education, employment and economic development.  Each year, ASHAI received tens of thousands of dollars in grant money from the Department of Labor.  During that same period, Candy Thomas worked at ASHAI as an office worker and bookkeeper.  Thomas had check signing authority on ASHAI’s bank accounts.

According to the indictment and testimony at Larivee’s trial, between 2013 and 2017, Larivee and Thomas conspired to embezzle, and did embezzle, more than $100,000 from ASHAI.  Thomas aided the commission of this theft by issuing checks and giving cash to Larivee, at Larivee’s request, in amounts that significantly exceeded Larivee’s authorized compensation.  Larivee also received travel reimbursement checks based upon fraudulently inflated mileage claims.  Thomas helped cover up this fraud by sending tax forms to the Internal Revenue Service that concealed the true amount of ASHAI funds that were being paid over to Larivee.  

Thomas, who testified at Larivee’s trial, is scheduled to be sentenced next month.  

Both Larivee and Thomas face up to ten years of imprisonment and a fine of up to $250,000.  Their actual sentence will be determined with reference to federal sentencing guidelines.

This case was investigated by the U.S. Department of Labor’s Office of Inspector General.

Larivee is represented by David Kirby.  Candy Thomas is represented by Assistant Federal Public Defender Steve Barth.  The prosecutors are Assistant U.S. Attorneys Gregory Waples and Spencer Willig.

The United States Attorney’s Office for the District of Vermont announced that Kyle S. Lamothe, 29, presently of Milton, Vermont, was sentenced today in United States District Court in Burlington to 24 months’ incarceration following his guilty plea to possession with intent to distribute more than 50 kilograms of marijuana.  Chief District Judge Geoffrey Crawford also ordered that Lamothe pay a $20,000 fine and be subject to three years of supervised release following his sentence of incarceration.  

In January 2021, a federal grand jury in Burlington returned an indictment charging Lamothe with four counts alleging various marijuana-related violations of the Controlled Substances Act, including two counts of distribution.  In April 2021, the United States filed a plea agreement it had reached with Lamothe, allowing him to plead to a single violation, and Lamothe pleaded guilty to the drug offense on May 13, 2021.  Lamothe faced up to 20 years of imprisonment for the crime to which he pleaded.  Lamothe appeared before the Court for sentencing today, and the Court ordered that Lamothe remain released—subject to conditions of supervision—pending his self-surrender to the Bureau of Prisons for service of his 24-month sentence of imprisonment.

According to court records, Lamothe used a residence on Lasnier Road in Swanton, Vermont to store, process, and distribute marijuana and products infused with marijuana extracts and THC distillates.  The Court found that the enterprise involved at least 700 kilograms (1,543 pounds) of  “converted drug weight”—a measure the United States Sentencing Guidelines uses as a common denominator in cases involving multiple controlled substances that roughly equates to a kilogram of marijuana.  Lamothe received hundreds of pounds of marijuana from suppliers in the western United States and in Canada, and he sold multi-pound quantities of marijuana to customers for profit.  Lamothe also prepared thousands of unregulated THC-infused edibles in a lab facility in his residence.  When federal authorities executed a search warrant on the Lasnier Road residence in November 2020, they seized over 600 kilograms of plant material, over 270 kilograms of various THC-infused products, and approximately $121,000 in currency.  They also located four loaded firearms in the residence, each within reach of bulk currency or controlled substances.

The case was jointly investigated by Homeland Security Investigations and the Vermont State Police Narcotics Investigation Unit.  Acting United States Attorney Jonathan A. Ophardt commended their collaborative investigative efforts and noted his appreciation for the logistical assistance of the Vermont State Police. “While we acknowledge a qualitative difference between cannabis and more dangerous controlled substances, traffickers who possess large amounts of cannabis and currency attract violence.  The guns encountered in this case are evidence of that connection.  The United States Attorney’s Office, working with our federal, state, and local law enforcement partners, will continue to prioritize the investigation and prosecution of traffickers who profit from unregulated black markets and endanger the community.”

Lamothe was represented by attorney Paul Volk.  The prosecutor was Assistant United States Attorney Matthew Lasher.